The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-01-31 00:00:00

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LIVBRPOOL BOTANIC GARDE
.IN consequence of Resolutions
passed at
.I.
TUMR AL EXHIBITIONSof Pro rietors,
ALL ENGLAND, and at which rreiniums {oTwo HUNDRED GUINEAS will be awarde.d, will
the 'following days, viz.:—FRIDAY, Sth May, F
June,,....and FRIDAY, Bth September.
A MILITARY BAND will be in attrndance at t
during the Sumner Months, on certain evening:
due notice will be given.

u ttANI

TERMS OF SU CRI.
i
Proprietor's Shares may purcha,
£lO each, with an Annual bscriptio,
which the following privileg are attache
mission, at all times, (including ed..:::
and their families resident with them, (except
or nephews, of age, and in business for the
power to introduce personally, or by special
residents (not exceeding three at one time) wi
but any, number, resident more than five i
Garden.

ANUAL SUBSCRIBERS
FAMILY TICKETS— N
Two Guineas, with. all the
leges for the year as Proprietors, except actual
the property, and the rights consequent therein
voting at Meetings, &c., and also except the
giving written orders of admission to resident
miles of the Gardens.
Single Ticket (non-transferable)
Two Tickets in same Family..
Three Ditto Ditto
For every additional Ditt0......
Entrance Fees for Strangers, resident more
from the Gardens, and not introduced, Is. ea
Exhibition Tickets for the three Exhibitic
double, 9s. ; treble, 12s. ; and °s. for every
For one Exhibition only, purchased l-
on the day, till Four o'clock. 2s. Gd.
The rules of January, 1841, w--
been closed altogether on a Sunday, are re
are open on that day to Proprietors and Am.
after two o'clock, p.m. until dark in the w
eight o'clock in the summer months.
No Order on Exhibition days or Sundays.
For further particulars apply to the Secre
Curator, at the Garden.
WM. REYNOLDS, M.D
Botanic Garden, 30th January, 1843.

LetCby t

LAW INTELLIGENCI

COURT OF EXCIIEQUI

ITICUL;

Jr to ti

(Sittings at Nisi P:

nut of a bill o'

This was an action to recover the
change for £3O, •'when the following ext
occurred.

Mr. Humphrey was for the plaintiff; M
peered for the defendant.
The plaintiff sued as indorsee. of the bill in
defendant pleadsd payment. By this plea,
put on the defendant, the learned counsel pro,
exact amount as paid, and bearing date with
by the declaration of the plaintiff. •
.• •

..
'Mr. Humphrey—My lord, would' you I
:to compare the bill in queStion with that
'declaration. _

tiescrib,

Mr. Baron Gurney, having done so, said—Oh, I find that
there is a variance in the name of the drawer and endorser in
the bill produced and that described in the declaration, and
therefore the jury must find for the plaintiff.
Mr. Pearson (defendant '§ counsel)—My lord, don't you
think there is sufficient evidence of identity that it has been
the same bill that has.beeu

Mr. Baron Gurney—ln point of law, certainly not. You
cannot substitute the payment of John's bill for that of
Tom's. ,

Mr. Pearson—Will your lordship have the kindness to
take a note of the point ?
Mr. Baron Gurney—Of what point?
Mr. Pearson—That there is sufficient hien:
produced with that describes hi the declaration
Mr. Baron Gurney—Certi;inlY not. You I
of amending your plea, and as you have not done so you must
abide the consequences. The learned baron then said,
"Gentlemen of the jury, under the present circumstances,
you are bound in point of law to find your verdict for the

y ha the bill

plaintiff."
A Juror—Surely, my lord, the plaint
the bill if it was not paid. _ _ _

Mr. Baron Gurney—No. The defendant has put upou the
record that be has paid the bill described in the declaration,
and the onus is on him, and not upon the plaintiff.
Another Juror—How can a man sue upon a bill which he
has not in his possession?
Mr. Baron Gurney—Gentlemen, you are only judges of
the fatt, but I am a judge of the law; and I have as good a
right to be a judge of the law as you have of the fact, and,
therefore, I tell you, you are bound inipoint of law to find
for the plaintiff.
The Foreman—There are seven of us agreed.
The Juror—l will find for the defendant.
AnothetJuror—So will I. Why not produce the bill
which you say is not paid ?
Mr. Baron Gurney—Gentlemen, I tell you again, they are
not bound to do so.

The Juror—l don't understand it, but I will find for the
defendajit.
Another Juror—We had better retire.
A third Juror—Oh, retire, then ; I have no doubt but it
will be a hungry verdict.
The jury retired for about half an hour, and sent to ask
his lordship if they found a verdict for the plaintiff would the
bill be given up ; and no assurance of that kind being given,
they came into court ; and, being asked for whom they gave
their verdict, _ _ _ _

The Foreman said, "We find for the defendant."
Mr. Baron Gurney—Gentlemen, your verdict will
stand one minute to-morrow.

COURT OF COMMON PLEAS

-FRI D A

(Sittings at Nisi Prius, before Mr. Baron Gurney

Mr. Kelly and Mr. Witchurch were counsel for the plain-
tiff; Mr. James and Mr. Huddleston for the defendant.
This was an action brought to recover the sum of £7O from
the defendant, as having been deposited by the plaintiff with
the Westminster Loan Investment Company, in April, 1841.
A Mr. Lucas, a share-broker at Liverpool, had been made
with him, as appeared by the deposit-book produced.
Mr. James objected to this book being received in evidence
without a stamp, because it contained the terms of contract
between the parties.
Mr. Baron Gurney admitted it, but gave leave to Mr.
James to apply to enter a nonsuit.
After evidence had been adduced to make the defendant a
shareholder.
Mr. James addressed the jury for the defendant, and con-
tended that great suspicion attached to the evidence to fix
the defendant as a shareholder.
Mr. Baron Gurney summed up, and the jury found for the
plaintiff—Damages, £7O.
Mr. James applied for and obtained leave to enter a non-
suit, upon the ground that the defendant not having signed
the deed was not a partner, and that the plaintiff as con-
tributing to the funds was not at liberty to sue a co-con-
tributor.

CAUTION.—We have been requested to caution tradesmen
against executing any orders sent by letters, unless the writers
are well known to them. An extensive system of hoaxing is
in operation throughout London and the environs, which has
already occasioned considerable annoyance and inconvenience.
A clue has, however, been obtained to the principal offender,:
and
ctohnetreemispt and disgracereasontobe they deserve.—Times.
lievetdheasttvhe.ey to
the _
Times.. will be exposed

,__Aith who
prpeetaurrsnteidl a
t fromo
nrel3a ec
lU
THE Loss OF THE CONQUEROR.—IMPORTANT STATI
MENT OF CAPT. TnomPsoN.—The following extra(
'
narrative of the circumstances of the above calamity has been
igoaginneedonfrsomatuCrdaapytaeivnenTinfigomwepeskon:
ing that place on Tuesday evening, Captain Thorn
on Mr. Hamilton, the British Consul, who sent his w.
that gentleman to the residence of Mr. Solly, the undertaker,B
in whose care those bodies already recovered from
had been placed. Captain Thompson immediately the wreck
nized his sister-in-law, Mrs. Thompson, and Hiss remg-
He also suspected that two of the bodies of the el ' 'Turton.
his nephew and niece. Abchurch, from his debilitatedtildren were
had not at this time been able to identify the state,
a subsequent occasion he confirmed Captainieihodies ; but on
pression. On inquiring whether any articles h01"500'5 'm-
on Mrs. Thompson, Mrs. Soli ti,
)1, ...e undertaker'shad been found
pro-
duced two rings which had been taken from wife,
unfortunate lady ; one of them was the rr the finger of the
ring, and bore her initials, " B. w. E. rinTd to her wedding
her marriage, " 15th Sept., 1832." The and the date of
was not forthcoming, and the finger f wedding-ring itself
been taken was broken. Two silver from which the rings had
belonging to Miss Turton, Abchurch bangles were also found
her wear them during the voyage. Thevilig frequently seen
also produced a pair of stockings, which undertaker's wife
Miss Turton. Capt. Thompson then she said belonged to
articles of dress that lady had on at inquired what other
discovered. Mrs. Solly replied that the time her body was
she understood, all that Miss Turtonthe pair of stockings were,
came ashore. This account w had on when her body
Monsieur Dupont, a highly respectable as subsequently confirmed by
logne, who having received
day night, reached Lornel intelligence of the wreck on Fri-
morning, and discovered I.\lis before five o'clock on Saturday
A statement so extraordinary s Turton's body on the beach.
prise in the mind of ary naturally excited so much sur-
church to know how Captainthe body Thompson, that he sent to Ab-
church
the ship. The body was dressed when Miss Turton
into the boat, she wasallswer was that, when she was handed
and everythinn••
Ticompletely dressed with stays, gown,
that the body Ld
stripped of been found by some inhuman wretches,
Miss Turton, everything, and then thrown into the sea again.
Mrs. sighed, whenancl discovered by M. Dupont, opened her
Mrs. Thompson,s. expired. This gentleman also states that
daughter, Ellen, was still alive when thrown
upon the shore, that
handkerchief, at he immediately rubbed her with his
and used took off a hair cloak which she then had on,
Out of the every means for her recovery, but without effect.
number of bodies
only one which had any article of dress upon it was that Of
Mrs. Johnson. Finding the initials "E. J." marked upon
some portion of her linen, the fishermen'swives supposed her
.
to be Mrs. Jenkins, and laid her out accordingly under that
name. The body of Captain Duggan has not yet been reco-
vered, and there is reason to fear that he, like Miss Turton,
met with some foul treatment, and that his body was after-
wards buried in the sand. This surmise appears to be.
strengthened by the fact that some articles which are known
to have belonged to that unfortunate gentleman have been
recovered from different parties. A bill bas been recovered
b (lay
before
for £145, endorsed by Captain Duggan only. theeo .owich
the wreck, and also a letter to the owners, "
of th, f h
e captain
,• came on shore quite dry, although the body
no doubt that
himself has not been found. There canbe
thrown upon the
when the unfortunate Captain
Duggan was
taken out of his pocket
shore by the waves,
thesethings were
etowed away his body in
by some individuals, who afterwards s
the way surmised. The fact of the existence of these docu-
ments accidentally came to the knowledge of the consul, who
immediately demanded that the articles
Some of Captain Dug-
should be given lip to
him, which was accordingly done.
seen. An inquiry has
gan's private letters have also been
since been instituted into the conduct of the head douanier
with reference to this transaction. A family Bible belonging
to Mrs. Jenkins, containing entries of the births and deaths
red
of her children, it has also been ascertained,
has been offe
hut
for sale. Mr.
Whitworth was in treaty for its purchase,
n otherwise it woul e
advised to use extreme cautio ,
was Severalostrich
avoid discovery of the theft.
destroyed to
feathers, a fur cloak, and other articles, have also been offered
for sale, and it has since been discovered that a stable full of.
o oarde C
articles belonging to the passengers
lesn ; b
but itt ih Conqueror
s feared that
were in possession of a man at Eta p
would enable them to
there are no marks upon them which
seen on Friday morning
be identified. This individual wag
nonchalance to look • ''
riding over in a gig with the utmost
.d after
which be appears to consider as much his own
these articles,
urchased them. The consul has deter-
as though he bad p
mined to investigate the matter. Abchurch states distinctly
that all the ladies left the wreck fully dressed, and that Mrs
Johnson and Mrs. Jenkins had flannel wrappers over thei;
other dress. It is generally stated that very little •
assistance
was rendered to any of the unfortunate individuals h
takenhe with the exception of 'the boy Abchurchw o reached.
tto the lighthouse and properly attended ; he wa, -
to.