The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-09-12 00:00:00

THE BOROUGH SESSIONS

At these sessions, which terminated on Thursday, the
cases were for the most part of an uninteresting nature.
The following are, however, worthy of notice:—
ASSAULT AT THE WORKHOUSE.— OR Wednesday,
William Smith, a refractory pauper, was tried for an
aggravated assault, with a hammer, on the governor and
another officer of the workhouse, the particulars of which
we furnished as they transpired at the police-court a
fortnight ago. The evidence was confined almost ex-
clusively to the assault itself, but it again appeared that
the surgeon of the establishment had omitted to examine
the prisoner on his last going into the house, when he
complained of an ailment which he said rendered him un-
fit for hard work, and his story not being credited, a
hammer was put into his hands to break stones, with
which he immediately afterwards committed the assault—
which was proved. The jury accordingly found him
guilty, appending to their verdict an expression of their
regret that no surgical examination had been trade before
he was ordered to the work stated. The Recorder, after
a strong address on the frequent disorderly and violent
conduct of the prisoner, who, he added, might have left
the house if he felt himself aggrieved, and obtained re-
dress by applying to the magistrates, sentenced him to be
imprisoned and kept to labour for twelve months.
CHARGE OF FELONY AGAINST A DRUGGIST AND HIS
WIFE.—On Thursday, Exebia Shaw, wife of Alexander
Shaw, formerly assistant to the late Mr. Scott, surgeon
and druggist, Mill-street, was placed at the bar, charged
with stealing a pair of silver sugar-tongs, a pewter tea-
pot, and a tray, the property of John Abraham, the
executor of the deceased gentleman. The case as it ap-
peared at the police-court was detailed in our last. Some
other small articles, which she was then also charged with
stealing, were not exhibited against her in this indictment.
It was not proved on the trial with any degree of certainty
that she had taken those named with a felonious intent,
and it was shown that she had for many years been a
favourite servant of Mr. Scott, who had by his will left
her a bedstead and bedding, which she had not yet re-
ceived. An amount of wages was also due to her which
had not been paid. The Recorder. in summing up, sug-
gested that she might have taken the articles in ignorance,
and with an intention to restore them. The circumstance
of her delivering up the sugar-tongs to a police-officer,
and stating, in reply to him, that they were Mr. Scott's,
was also in her favour. Three ladies also gave the pri-
soner an excellent character for years, as being beloved
by all who knew her, and nothing had ever before appeared
or was known against her. The jury took this favourable
view of the matter, and acquitted her. There was another
similar indictment against her for other articles, but it
was abandoned ; as was also one against her husband,
charging him with stealing a small balance and scale. On
these, both prisoners were formally acquitted by the jury,
and discharged.

This was the last case requiring the services of the jury,
and they were discharged with thanks.
After the disposal of the criminal business, a civil case
came on which was looked for with considerable interest
by mercantile and nautical men, as involving a point in
dispute as to the respective duties and responsibilities of
pilots and pier-masters. It was :
APPEAL.—LANCASTER V. RUSHTON, ESQ. AND OTHERS.
It will be remembered by our nautical readers, that in
the beginning of December last year, a case was brought
before Mr. Rushton at the Police-court, in which the
complainants, owners of the schooner Enterprise, claimed
an amount for damages done to that vessel by contact
with the pier-head, while in the Queen's Dock basin,
alleged to have arisen from the carelessness or misma-
nagement of the pilot on board at the time. A question
arose as to whether the pilot was to obey the pier-master,
or to act, in such a situation on his own discretion, and
the evidence being heard, Mr. Rushton, who called in
Mr. Askew, the harbour-master, to assist him with his
advice, decided that the pilot, Cornelius Lancaster, a
pilot's apprentice, and the now appellant, was the party
at fault, and adjudged that he should pay the damage.
Mr. P. Wright was attorney for the pilot on that occasion,
and Mr. Moss for the owners of the vessel, and on the
appeal being brought before the Recorder. Mr. James
appeared as counsel for the appellant, and Mr. Cardwell
for the defendant.
Mr. Wright was called as a witness, and stated what
had occurred in court as to the decision, adding that he
then orally stated that he should appeal for Kirkdale and
Liverpool. Ey'dence of the necessary notices in writing,
of appeal, was then gone into, and a long argument took
place between the two barristers as to the notices being in
strict compliance with the statute, which requires that
the party shall appeal within a month after the cause of
complaint, first giving ten days notice in writing of the
intention to appeal. The question that arose was,
whether the appellant was bound or not to give the
notices before the expiration of the month. For the
appellant it was argued that the notices (though the
appeal was respited by mutual consent from session to
session at Kirkdale, and afterwards at the borough
sessions) was such as met all the requirements of the
act. On the other hand it was strongly urged for the
defendant that the notices were not legal, according to
the true interpretation of the act, and cases were quoted
on• both sides. Finally the Recorder expressed his doubts
on the question, (which had nothing to do with the merits
of the case,) and suggested that the parties should if pos-
sible come to some arrangement, without urging him to
give his own judgment on the point. After some com-
munication it was agreed that, on payment of a sum by
the appellant to the owners of the vessel in full of their
damages and costs, the conviction should be quashed, so
that the main question as to the respective duties and
liabilities of pilots and pier-masters in such cases still
remains undecided.

The Recorder afterwards said that had he been urged, he
should have decided that the notice was not strictly with-
in the letter of the law, and was therefore bad.

THE GAME LIST.-Our Liverpool friends appear to
preserve their character for attention to the interests of
commerce, for we know not to what else to attribute the
rather remarkable circumstance, that there is not the
name of a single gentleman belonging to this town
amongst those whose names appear in another column as
" licensed destroyers" of the feathered tribe.
TIIE HALE FLORAL AND HORTICULTURAL SHOW
will take place on Thursday next, and it is anticipated
will be veil splendid, and more numerously attended than
on any former occasion. Prizes will also be distributed
amongst the inhabitants for the best cultivated gardens,
and the neatest and cleanest cottages, and those who
would enjoy a treat in one of the sweetest and most
ancient and interesting villages in Lancashire, would do
well to attend.

We beg to refer our readers to an advertizement of a
meeting in the Amphitheatre of the friends of the Free
Church of Scotland' The Deputation are some of the
most distinguished men in that Church ; and the object
of their present appeal is to enable them to erect churches
not only for the numerous congregations who have seceded
along with their ministers, but for those also who have
seceded without their ministers—in all 800—for 600 of
which counties are required before winter.