The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-04-07 00:00:00

LIVERPOOL AND BOLTON RAILWAY-ACTION AGAINST A

PROVISIONAL DIRECTOR.--I:IINSHUL.L C. SOTHERN.

This was an action brought by a tradesman of Liverpool
against a provisional director for goods sold and delivered,
and work done for the railway ; to which defendant pleaded he
was not liable. Mr. Wilkins and Mr. Cowling for the plain-
tiffs and Mr. Baines for the defendant.
Mr. Wilkins stated the case. This was an action brought by
Mr. Samuel Minshull, an engraver and printer, in Liverpool,
against Mr. Southern, for a large quantity of engraving, scrip
books, plans, sections, and maps, furnished to the directors of
the Liverpool am! Bolton direct railway, and the sum sought
was 4401 11s. I Id. The defendant is a gentleman of considera-
ble wealth, and the proprietor of extensive coal mines, and a
member of the provisional committee, and executive committeeof the railway. It would turn out 'that this gentleman em-
barked in this speculation with great zeal as the line was to
pass by his coal works, and he anticipated that it would put
great deal of money into his pocket, and was then one of the
most active promoters of the railroad ; but when the day of
adversity came he sought to avoid the consequences, and dis-
puted claims as undeniable as any case laid before a jury.
The first prospectus of the company was issued on the
13th of September, last year; it was to have 4500,000 capital,
in 25,000 shares of 420 each ; and the deposit was 42 per share,
and the prospectus set forth the shares of the provisional direc-
tors. The first meetingwas on the 23rd of September, and almost
immediately after the defendant became an applicant for 100
shares, which were allotted to him ; and he was asked to allow'
his name to appear as one of the provisional committee. De-
fendant wrote a letter in reply, stating it would give him great
pleasure in promoting the success of the line, and consenting
to be on the provisional committee; and when 100 shares each
were allotted to the board of directors, defendant received his
quota for the rest. Ile showed an active disposition for pro-
moting the interests of the line, and waited on the agent of
Sir William Massey Stanley, W. Jackson. Esq. and John
Laird, Esq., of Birkenhead, directors of the Leeds and Li-
verpool railway, to induce them to take up the Liverpool and
Bolton, and make it an auxiliary line to theirs ; he also went to
Mr. Poole, the superintendent of the goods department at the
Grand Junction, to induce him to use every means in his
power to obtain for the Liverpool and Bolton the support of
that company. In December, the share market began to de-
cline; and as the winter approached, the defendant's ar:lour
began to freeze in reference to the line. The conipzny even-
tually had to wind up their affairs, and the defendant was a de-
faulter, having never paid anything on his shares. This wag
not a case, like most of those generally tried, one shareholder
trying to cut another, but a claim for work and labour done.
Mr. W. A. Barrow, Solicitor for the company, was examined at
considerable length, when Mr. Baines said that he would not
trouble the court any longer, a verdict for the plaintiff having
been agreed to be taken on certain conditions.
The jury accordingly returned a verdict for the plaintiff, da-
mages, 4401 lls.
COATES AND ANOTHER C. LUND.
The plaintiffs, James Coates and Thomas Hoskin, are work-
ing stonemasons at Blackburn, and the defendant, Mr. Robt.
Lund, is a cotton spinner, also residing at Blackburn.
Mr. KNOWLES for the plaintiff stated the case. Plaintiff
was employed to build a school at Wensley, near Blackburn,
under contract, but after the building was covered, in conse-
quence of alterations in the plans and materials, the bills
amounted to a much larger sum than the original contract.
The stone for instance was to have been "hammer dressed"
and was altered by the defendant to "string-punched," which
made a difference of 3s. per yard. The. learned counsel called
witnesses, who stated the circumstances opened by the coun-
sel; and that the labour now due was about 4100.
Mr. WarsoaT contended that the plaintiffs had been fully paid already ; and that the defendant was not liable, being only the secretary of a committee of management by whom the contracts were made, and under whose direction the school
was built; and witnesses were called to show that these were
the real facts of the case.
His Lordship ruled in favour of the defendant; it was agreed
to withdraw a juror, and enter a verdict for the defendant.
WATSON a. EDWARDS.
This was an undefended action on a bill of Exchange for
465 and iaterest.—Verdict accordingly.

KEENE V. THOMPSON.
This was an undefended action arising out of share transac-
tions between the parties. Mr. Cowling, for the plaintiff, stated
that Mr. Keene was a share-broker in Liverpool, and that he
was largely employed din ing the past year by the defendant,
who was agent for the Coleraine Steam-packet Company. The
ordinary way of their doing business was, that Mr. Thompson
was in the habit of giving orders to buy and sell shares in diff-
erent railways to Mr. Keene ; the plaintiff not being a member
of the Stock Exchange, made his purchases through Messrs.
Sudlow, Brothers, and the advice notes were afterwards copied
into Mr. Keene's name, and sent to Mr. Thompson. The
usual commission was divided between the plaintiff and his
broker. On these transactions there remained a balance against
the defendant of .t 1,092 lOs. Various orders and documents
were put in, and the debt proved. Verdict for the plaintiff for
that sum.

MARKWELL TI. RUMMER.
This was an action to recover .t 133 6s. Id., the balance of
the agreement for the erection of a warehouse ; the defendant
paid .t 70 into Court, and pleaded that he never was indebted
for a greater sum. Mr. Martin for the plaintiff, and Mr.
Knowles for the defendant.
It appeared that the plaintiff built a warehouse in Pownall-
street Liverpool, according to certain plans and specifications;
the whole cost was to be .el3OO, and defendant admitted a
general adherence to the plans, except in cases where alter-
ations had been made by Mr. Smith, the defendant's architect,
the charges for which were all admitted to be fair. From cer-
tain alterations and the admission of water on the ground floor
before the mortar was sufficiently set, a portion of the wall
gave way a little ; and the defendant had iron bars and binders
applied. He then wished to deduct the cost, but the plaintiff
asserted that the work was of an excellent quality, and that
its giving way was not the fault of plaintiff.
Mr. Smith, the architect, was called, and it having been
elicited in cross-examination that there was some reason to
find fault with the arches in the cellar on which the sulikr-
structure was erected, it was agreed to find a verdict for the
plaintiff, for the sum mentioned in the declaration, subject to
a reference to Mr. Samuel Holme.
cAtisn EXTRAORDINARY.
A poor old woman, who has long been an attendant of the
assize courts, and who is a monomaniac as to a certain lawsuit
on which her early happiness was wrecked, addressed his lord-
ship at some length, requesting him to see justice done to her.
His lordship listened with the greatest patience, and with a
soothing monosyllable or two the poor woman went away quite
satisfied that the case would come on again in due time.
The court rose at half-past five o'clock. Nine causes only
now remain, and it is anticipated that all will be disposed of
this day.

HOUSE THEFT.—Yesterday, at the Police-court, a young
man, named Joseph Crow, was committed for trial for stealing
a :number of articles from the house of Messrs. Cooke and
Townsend, 13yrnm-street.
LUNATIC AsyLums.—At the annual gonerat ...scions of the
peace, at Preston, to-morrow week, the Rev. J. S. Birley will
submit a motion for the establishment of two county lunatic
asylums, one in Salford hundred, and the other in West Derby
hundred.
AN INCENDIARY Fi RE.—A destructive fire, caused, we regret
to say, by the hand of an incendiary, hes occurred in the neigh-
bourhood of Devizes, and laid waste property to a considerable
amount, consisting of farm buildings, implements, and no less
than 240 sacks of grain.
DESTRUCTION OF SHEEP.—A few nights since, 27 ewes and
61 lambs were killed, having been worried and mangled, in the
pen on the farm of Mr. J. orley, of Bridgenorton, Oxon, by
dogs. On going to the pen, in the morning, the ewts and lambs
were found dead. and two dogs were then at the work of des-
truction.
JENNY LIND.—At Berlin, on the 27th ult., Mademoiselle
Jenny Lind sprained her left ancle in descending. one of the
staircases of the Grand Opera. His Alajesty immediately upon
hearing of the accident despatched one of his private surgeons
to attend upon the celebrated cantatrice, and frequently bent
to inquire afier the patient. Upwards of 1,000 cards were daily
left at the residence of the favourite by private individuals of
distinction.

ROBBERY OF ANOTHER COMMERCIAL TRAVELLER. —on
Saturday John Howell, Catherine Howell, Samuel Woods, and
Catherine Woods were charged with having robbed a com-
mercial traveller for a Liverpool tea warehouse of the sum of
.tle3 in a brothel in Garden-lane. It aprared that, on the
evening of the Ist of April, the traveller entered the disreputable
establishment in question, with four L 5 Bank of Lngland notes,
tifty-seven sovereigns, and some silver in his pocket. He said
he was sober at the time, but agreed to give the i: mates a treat,
and while putting his hand in his pocket for that purpcse he
wss surrounded by three or four females, when in a moment
the .elO3 vanished, and had not since been found. He could
not identify all the prisoners, and ail of them were discharged
with the exception of Catherine Woods, who was remanded.
Yesterday the case was again brought on, but the traveller did
not appear against her, and she was discharged.
THE TURN-OUT AT MESSRS. HOLME'S.—On Saturday, an
apprentice of Messrs. S. and J. Holme, of the name of Ashford,
was charged with having assaulted an aged joiner in their em-
ploy. It appeared that, in consequence of the joiner not having
joined the turn-outs and left his work, Ashford called bins a
"black sheep," and struck him. Mr. Lowndes conducted the
case, and freely admitted, that before the blow was struck, but
after the nick-name was called, the joiner stri Ashford with
a bricl-. He was remanded until yesterday, when he was again
brought up. Mr. Rushton said he had given the case his best
attention. The prNiner had interrupted the old man, and used
opprobrious epithets towards him. 'I his it was especially wrong
in him to do, for he was an indentured apprentice, and appren-
tices had nothing whatever to do with the existing dispute be-
tween the masters and the men. Ihe jourreyintn themselves
even said in their bill none could do them is ore injury than
those who resorted to violence. lie should not imprison him
under the act, but he should require him to fir d bail, two sure-
ties in tlO each to keep the peace, or, in defadt, to be im-
prieoned for one month.

Mr. MANN AND TILE SHIrONNER'S ASFOCIATION.—Our
Radical contemporaries still cling to Ile rra e's vest, which
they ,magine they have die veered. with resi tto the recent
petition of the Aseccict.on against the present measures of her
Majesty's ministers, rotwithstarding the exp oration con-
tained in the letter of Mr. John North, which we gave in our
last. The cry is ncw,—"Oh the petition ass only from the
Committee, Why. not summon a special meeting of the en-
tire body?" It is scarcely necessary to reply to such folly.
We may state, however, that the committee is virtually the
body. itself—has full pcwers delegated to it as such, either for
petitioning or otherwise; and we may intimate, moreover,
that, had the committee petitioned for these measures, none
would have been more ready to state this known fact than our
contemporaries themselves. What is our Tcwn Council but a
committee of the Burt esses, with similar peaces to those of
the Committee of the Shipowner's Associaticn ? Yet did Mr.
Ratlitone when proposing to the Council to send up a memo-
rial to government urging the prompt settlement of the Corn
question, say anything about taking the °phials of the bur-
gesses at large? Parliament is a committee; yet does Sir
Robert Peel propose to take the opinions of the nation, vhicb
it represents?

ChLEGIATE BAZAAR.—The appearance of the long room of
the Colleg'ate I nstAution in wi ich the bi um' will be held. as
it is now being fitted up by Mr. Briscoe under the direction of
Mr. Bishop, the amiable and talented teacher of drawing at the
Institution, will be exceedingly creditable to the taste of all
parties concerned, and present a scene rarely if ever witnessed
on these occasions. 'I he walls are lined with blue and white
drapery, combined in a very chaste manner. 'and tastefully
fluted, with canopies of the same materials blended with fes-
toons of evergreens and flowers over each stall. he festooning
bring continued across the room, gives the appearance of an
temost interminable rata] archway on looking the whole length
of the room—a distance of 220 feet. The tables are arranged
on both sides of the room and covered with white drapery,
from which scarlet Coth drops in a sticces:sion of flutes to the
floor. he ladies will be elevated on a platform behind the tables
and provided with silk cushion seats running the lenghth of the
room. A series of forms coveted with scarlet cloth will run
the length of the room down the middle, so as to afford accom-
modation to the way, and, at the same tune, cause a current
around the room,. SO as to prevent confusion. -At each end of
the room will be co tfectionery stalls (two at each), where it is
hoped all visitors will be tempted to make a long stay, and fr,:‘-
quent calls. A room at one end of the building w.ll be fitted
up as a tent, in connection with the refreshment stalls, in which,
those patties who prefer mere solid refreshments than confec-
tionery can afford, may have their wislles gratified ; and a room
at the other end, in connection with the confectionery stalls,
will be ec,2rpied as a host-efFce, unrler the 1! atmaernent of a
lady and fair ass stants, in o: der that the visitors cf the Bazaar
mey he ,"e to transact tome bus neFs wirsuing p:ea-
a irnt s
ao f
stthilieteNV:;l7lellwltNt.el(ll bteo reptirletivetdep
uMlarrlyB f(l°Cr:Vearleldp,
anlnd,el3.m.
the blush the nuthot ities of Cann:rig-1,41:e.. and we have
no doubt but that the contents of the letters received
will ',rove interesting to these who may have the good
fortune to receive then,. A gem! ex:ladle I urn will be pir.ced
on the top of the grand staircase. in short, nothing is wantiog
to render this bazaar it ost p'emaut and lucrn:ivc, but tine %WS"
"they, which we trust n t.y Le nfferded to it. I very one appears
to be doing the best this gs petsible ter its neirrie, and as the
object in 'view, the pc; 14 anon of ki cw:cdpe cad the provision
of a good litraty is, re. Imps, one of the' tr oFt important knctfiona-
nexion with the p ses for which the Colle,Aste.lntsito t
' was erected • we do hope that the tali it will t.,0111
e to the
entire satisfaction ot the d rectors end these fr_encls by whom
hey have been so warmly supported.

s

)

FLtteraturr.

POETRY.

FRAGMENT OF AN ORATION.
PART OF MR. WFIITBREAD'S SPEECH, ON THE TRIAL OF LORD

PVT INTO VERSE E

MIL. CANNING, AT TILE TIME