The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-03-20 00:00:00

iMPJhTANT TO 'MERCHANTS,

PA Wr.r. i 3 14hY Akii) AN ()TN a 11.-4 h is,w;.Ls .an action brought
by Mr. Riellardson Part, a silk-tnerchaot.in Manchester, to
recover the sum of 0163, 'the balance dr 'an accourit'fortwo
ibales ufaiik purehased, by,the defendants, Messrs.,Win. and Geo.
sill:-mercers, Broad-erect, .London. It appeared that
'on the Bth of Jantiary, '18a1; Mr. George Bailey called at the
.warehouse of tho.plaintiff,;aud was shown twii.bales of silk. 1-Le
examined them, requeste(l4 bundle might be sent to him, and
said' he wwild tvrite after he got to Londonoto 'Mr. 'Part, to say
.whetherhe would hame..tlte whole ornot, antt in,the mean ,titne
if a customer called,, he was t.,) Qn.the,l6th; about
10(J,bs. were sold to 'Messrs. Tortells, and 911 the:lBth on a
,Mr. Docket-calling:saying/he .had heard 'from the defendants,
.who had requested hini..to colon the plaint iff,and order, the silk
to he sent to them, it was accordingly setit by the boat, and
'shortly after atquantity of it •.was returned by •the defendants
.who. stated that. #t was inferior ,to the. saniple.sent, and refused
to Ray 'for about 2116 worth. Two witnesses• were called to
",that it was the .custom •for.apurehaser of silk. to,have the
liberty of returning goeds if faulty, before Abe expiration of ,a
month from the delivery. Mr. Baron Alderson said that might
apply when all the goods -were returned, but would never ap-
ply. to. a. case in which .only #t ,part w4stsent,back. The fury
therefore found for the plaintiffs, ..diuna.es .C 165.
o.

.AS•SAULt

Edward Taylor, who was conyickdjostprOkiy of.an a-svolt on
Jai es Hawthornthwaite, was sentenced to. one month's impri-
sonment in.baneaster'Castle. 11e witi,2-aken into custody and
r4,ntoyed,W the, gaol.

CROWN C,OUta.-TiktASDAX.,
'FORGERY TrY AN ATTORNEY.

Roger .Whititli ea el, 42, ivas indicted :for.having,forged a deed
relating to certain property situated at North Isirkenhead,
Cheihire, • and also with uttering the Same, well 'knowing it
to, be forged, - with •intent •to :defraud joshua Pollard. There
were several other counts, charging the utteringand, forgery as
being.intended'to 'defraud various ether persons.
The prisoner *ailed "-Ntit,gui..y."
Mr. Itoscos. opelied.thepleadings.
Mr. Ca Es-switt t stated the case for the prosecution, which lie
said,was,prored milder .an net passed in the first year ofthe
ieign of his present majesty, which enacted that every person
who forged any deed or lease or • release for the transfer of pro-
perty, or offered, tittered, ordisposed of the carne. -knowing• tt to
be forged, with intent to defraud,:every such offender, if.found
guilty, should he -liable to certain punishments which we. e de-
scribetlin the act. 'Vhe learned •gentleman,then deseribed,the
circumstances out of which the prosecution arose, and called the
follovving witnesses
"Mr. Jalindfortiane, examined by Mr. Raseoc.—Lliveat Li-
verpool; I am,an.ettorney; have known the,prisoner.five•or.six
years. In 182%' the prisoner applied to me,tOr a loan of £350,
and offered'as,seeurity a• piece of land and three onfour cottages
at.Biikenhead. Livent to la it:LIMP-with the prisopar, anda
mortgage was prepared and executed. The mortgage money
was :paid, and 4h,e title -deeds I produce were handed over.
They are indentures of lease :and,roaase, ilated.l6thanill7th of
Oct., 1827. I know Mr. Alossman, an -Attorney in York.
came to Liverpool 'in October last; and showed him the premises
at Birkenhead.which tkeiprisoner slavi.ved to me.
• Nathan Kensie Parker, by Mr. QUEssvy,Nr.t..—Ain an attor-
neyovitness to-the deed produced -from Alellard to the pri-
super. was -London in February, .1832. thaw a person
named John Gasket'; he . was_ not ,then in .prisoner's employ ;..he
had leftliiin. •

'.jr. -Lewiclienry.—l am an-attorney Liverpool. '1 saw
the deed executed by- Laird some time in 1828.
Joshua'Pollard.--1 am a stonemason, in partnership with my
brother, at Bradford. Contracted with .prisonerlor_the.sale of
some property at Liverpool, in 1832. ',I he prisoner was in my
debt towards the end of that year. I went over with Mr. Moss-
man, my attorney, and saw ihe prisoner. The debt was 1:6a)
or £BOO. We wanted a settlement. The prisoner said it.would
be more convenient to give security, and took us over to Bir-
kenhead, where he -pain tail outisonie property, on which .1 agreed
to take a mortgage, which was ,executed. Last year, went to
Birkenhead with Mr. Fortune, who pointed out the same pro-
perty the prisoner had shown me.
,Cioss-examined by Mr. J. AnntsoN.—l had a partn,er named
Greenwood, Who was to Jrave.part of the £l6OO ,for which the
property was sold to.the prisoner,. but a,.stipulation afterwards
took place, and he hacLuone of it,,accordieg to the agreetnent
of dissolution. 'Acceptances were given by the prisoner. I
paid the bills 40. my hankers in the name of the partnership.
Some of the purchase money .has ,beeo paid-to .Greenwood.
The prisoner did not represent to me that he mould give ase-
cowl mortgage of ..the premises at -Birkenhead. When 'Mr.
Mossma.n asked the prisoner for the title deeds, he said they
wer ern the hands of his sister, who had advanced him £5O, but
he shr:vid be able to satisfy' ier, and then he would produce
them. kledid not say that arty one else had a claim upon „the
deeds or the laud. 'l'he mortgage was for £63.1. 125., which
was due-to- me. :There were two bills not due included in the
£43.1.2.2„.aud discount Allowed :on them. Tlie,prieoner,said
they would not be taken up. The prisoner filed a bill in Chan-
cery against me last year—he was the attorney.
Mr. „George Itobert 'Mos,sman_—,l am au attorney at Brad-
ford. In autumn, 18:32, went with Mr. Pollard to Liverpool
and saw Whitehead. Both of us applied for a sum of canner
due to Mr. Pollard. Re ,said it was not convenient to pay it:.
but he would give a mortgage on s,one property at Birkenhead.
The accounts were settled, and the sum due was 1:63.3." 12s •
which was the sum to be,mortgaged. .Prisoner gave me a draft
of a release which I was to prepare. I did so,,and it was given
up to Mr." Kerry, the attorney under prisoner's fiat. Before
the mortgage was ,prepared, went_ with Air. • Pollard•and,
saner to Birkenhead and saw the property, which -I _compared
with the description in the draft of the release furnished.me by
prisoner. Went again:last year with Mr Fertune•and.Mr. Pol-
lard to Birkenhead, and the former pointed put the same pre-
mises I had examined' before. Attended last year before the
commissioners -in Whitehead's bankruptcy,. brought -the deeds
and gave them to Mr. Currie, the attorney .under the ,bank-
ruptcy.
.Cross-examined by jEtriatinT.—Never-acted as attorney
for the
,Bradford Banking Company except one?. Qu .being
-shown two letters, said he had. been told by prisoner that he
was instructed:by the 'Banking Company to 'offer the property
iu Cheshire fur sale. 1 did riot understand -.that if.the arnaunt
due by Pollarl to prisoner had been taken, the balance would
have.been ib favour' of She prieoner.
Mr. Finch Currie.-.—fl.arn aolieitor ,to jhe prisoner's commis-
sion. I received
_some deeds from hist witness at the latter part
of -last year. Samuel Brovinend;watomessenger under the hat ;
delivered sorne.papers tome.
Samuel Brownend.l am an accountant at Liverpool. Was
appointed messenger under the prisbner's'bankruptcy. -Took
possession of the.prisoner's.offiee on the 7th AtolP laid year;.taa
the papers produced by the last witness.
John 'Hickson:---iAm a law stationer at Liverpool. Was em-
ployed
,ia aritamia, Ift:A to engross a Aleed for prisoner. sMade
a memorandum on back of the draft now produced by Mr.
Currie. Here was also a lease for a year. lirisUnec found the
parchment—therewas ptarntp upon it.. .1 engrossed, t lie,re lease,
and employed .Mr. lieherts to do the
.lease, as prisoner wanted
them by seven the same day. I gave them to him that day.
The yclease µrof,luceo ,the ,one. .
Mr.:Mossinan recalled, who said the release arid lease nro-
duced'Were the same fiehad itishis possession." They hear date
skh;aridl6th;September, 1832. They were delivered to -me ;by
the 'prisoner. Believe it to be so front its general.appearauc.e.
'Mr. Hugh Roberts said the tease for a year was engrossed by
him un the.sth September, 1832, from Littrd.to Whitehead, :of
premises at Birkenhead.
Sanfuel Laveock is manager of the Banking Company
at Bradford: In auturno,--1832, Mr. Pollard lodged :mein deeds'
with me, and a niemorandutn, dated 12th September,lB32. Mr.
Mossman took them away on the Bth December,lB3-1. They
are the same .deeds.

C►'oss•examined by Mr. BRA N DT.—lt was not ?4,tbejnstanee
of the bank that Mr. Mossina n and Mr. Pollard went to Liver-
pool; -but I told. Air. Pollard it was• tame the hills were taken
up, eljd at ,was for his ow•n juterestto dunk triter the pay,inent of
them.

.Mr. William Laird said the signature of Wm. Laird to the
release was not his.; it was ao,t. at
,all4l-..e it; never uut4orised
any one to put my signature to it.
Mr. Fortune, attesting witness to the original mortgage, in
1829,
,pro.l. ed, the . examittatiott of lhy 40(1. . .
The mortgage of the property to-JaMes Burgess and W. ',was
for £351) was then put in. It was dated 23d of June, 1829.
.This.deed.wascompared .with. the inortgage .grautted, to Mr.
Pollard. 'The conveyance dated 23:1. lune, 1827, from Wilh
Laird and .George. Mellor to Roger Whitehead and William
Booth, also the mortgage dated Roger
1832, to MS.
Pollard from the prisoner. The alleged forked,
.deed dated
17th October, 1827, executed by Wm. Lairci, George
and Roger Whitehead.

Some discussion here ensued as to the count pn which rthe
pmsecutor would proceed, 'and that for uttzning the deed was
selected.

Mr. CHESWEI.L.—Thatis the ease for the prosecution.
The Sync): then asked Mr:Mossman whether he would have
lent the ritoneyWithout a deposit of Ithe original title deeds.
Mr. Benjamin Ellis said lte.kuew• Gaskell, the attesting wit-
ness to the original deed; the signature to the forged deed was
not his—nothing like it-,the name was spelt.Qaskill instead of
Gaskell.

Thomas Archdale was then called, and stated that he was
formerly in ,the e►nploy of Whitehead. He did not execute
the alleged forged
.deed. The signature of Tho►uas Archdale
was not h►s.

On the prisoner being gisked, whether be had anything to say
In his defence, he said he must first consult,his attorney. After
a short consultation, he entered into a long statement of at:-
counts between. .himself and the firm of Greenwood and Co.,
for the purpose of showing that at, the time the alleged
.forge,kl
deed was executed instead of a balance of £623 being due from
him to Pollard, Greepwood,,the other -partner, owed him up-
wards of £530, and declared he had Bever beerig4iltY of
.any
fraud.

The learned J•DingE summed up the case very impartially,
And the jury after consulting together ra fey minutcs 449nd tlie
viisoner Guilty both of forging the deed. and uttering it know-
mg it to be forged.
JUDGE..-Let the prisoner stand cloFn.al present. .

TUE NAvy EsrutAT,E.s.—The reduction in .these estimates
for
it will
financial year '1835-6, as coin pared with the year 1,831-5,
is, will be seen large .when tho economical character of ,the
late administration, is taken into cunsideration. .The grand
total of the several departments of the naval service voted for
the year 1834-5 was ' £4,578,009
The mount required fo,r the same service fQr the en-
suing year is

Shewiug a reducell expenditure of
14:NY,VOLENT .00-O,IPEXATIVE TRADING.S.OOIETIES.
Gazette of Tuesday contains the notice of a dissolution of a
society• trading.tnuter.this ,firm at Rochdale. • To this notice
there are ,sixty-one 4,ig,liatures appe,nded;. fifteen of them are
mai•slrinen, that is, persons who cannot, sign their names, one 'of
whom is a, woman.

,LOss OF THE WILLIAN PITT, OP LtvEuenot..--,The Grati-
•tulle, Whyte, from Barbados, at this port, on the. 3,d ins,lanl
in kititude 37. 21. north, long. 41. west, at four p.m. saw a -ves-
sel a-head,•apparently. steering to .the westwar4l. at five pane_.
cam e. up with her and found, her to be the ship Widiam Pitt, 01
Lierpool, water-logged and abandoned, the 'larboard bow port
:,out, the fore and. main topsails double-reefed and blown to
pieces, and themizen topsail furled.
InagistrpAc Allwlylately . got his face Ltlackel;lo3, by a
mob fOr having Married an 'lrish girl to a negr(i.,l4oritr.ea/
'lf era N.