The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-08-27 00:00:00

CROWN COURT.-FRIDAY.

Eliza Daly, an unmarried woman, was indicted for
having at Manchester, on the 26th July last, attempted to
murder her new born child, and her mother, Elizabeth
Daly, and her brother, James Daly, with aiding and
assisting.
It appeared that. the prisoner lodged with a woman
named Evans, and that she noticing the appearance of
Eliza Daly, had hinted to the mother her suspicion that
her daughter was in the family way. The old woman de-
nied it, alleging that it was a disease to which she was
subject, and that two of her sisters had died in Ireland of
it. On the 25th of July, the younger prisoner fell ill.
She went into the water-closet, and remained there a
considerable time. Mrs. Evans told her that she was in
labour ; but she denied, and refused all assistance. Her
brother, James Daly came in, and, aft.tr speaking with
his mother, appeared in great distress, crying, " my cha-
racter, my life ! " Mrs. Evans told him that his sister
was in labour, but he said, " No." In the course of the
night, she distinctly heard a child cry, and subsequently
saw all the prisoners go down to the yard. She got up
and satisfied herself that the young woman had been de-
livered ; but on attempting to go into the yard the male
prisoner prevented her. Next morning, the child was
found alive, on some dry ashes in the midden ; and is now
doing well. This was the evidence for the crown.
Mr. Wilkins was proceeding to address the jury for
the prisoners, when he was interrupted by his Lordship,
who desired to consult with Mr. Justice Cresswell. The
Learned Judge returned after a short time, and informed
the jury that he had consulted with his learned brother
as to the case then before them, and he had entirely coin-
cided with himself in thinking that in the evidence they
had heard there was nothing whatever to prove the charge
in the indictment. A future prosecution might be insti-
tuted, but with that they had nothing to do. The p:i-
soners would be detained in custody until it was known
what steps might be taken. The jury, therefore, found
a verdict of not guilty.
DARING BURGLARY AT MANCHESTER.
Alfred Locke, Thomas Jennings, and Ellen Leech were
charged with having, on the 21st April, at Salford, broken
open the dwelling-house of Deborah Taylor, and stolen
therefrom £3lO, and a number of silver spoons,
Mr. Brandt and Mr. Monk were for the prosecution,
and Mr. Wilkins and Mr. James for the defence.
Mrs. Deborah Taylor deposed that she was landlady of
the Nelson Tavern, Salford : the tavern had several en-
trances to different streets, and persons had to descend
steps to get to the first floor : her own bed-room was on
the first floor up stairs : on the same floor was a sitting-
room, drinking-room, and closet. On Sunday, 21st
April, had £3lO in a cash-box, in her bed-room : the
cash-box was placed in a secretary, which was locked : it
was all safe at nine o'clock : most of the money (X 280)
was in gold : about ten heard an alarm that it had been
entered, and, on going up stairs, found the secretary broken
open and the cash-box gone: Jennings had been there
that evening : he came with a woman, who resembled
the female prisoner, but could not say that the two per-
sons were the same.

This testimony was confirmed by several witnesses,
and to connect the prisoners with the burglary a great
deal of circumstantial evidence was offered. The priso-
ners were found guilty.

NISI PRIUS COURT.-FRIDAY.
DAVIES V. MEREDITH AND ANOTHER.

At the sitting of the court this morning, Mr. Martin
addressed the jury on the part of the defendants.
A verdict was returned at 11 o'clock for the plaintiff,
for £35 damages and 6d. costs.

MILNE V. THE TOWN COUNCIL OF THE BOROUGH OF
MANCHESTER.

The following special jury was sworn to try this impor-
tant cause :—Samuel Sudlow, Liverpool, merchant; John
Buckley Johnson, Liverpool, merchant; David Roberts,
Liverpool, merchant ; Thomas Crowther, Everton, mer-
chant; William Wilson, Liverpool, merchant; Thomas
Smith, Toxteth-park, merchant ' • George Halewood Grant,
West Derby, merchant ; James Anderson Forshaw, West
Derby, merchant ; Thomas Menders, West Derby, mer-
chant ; Urial Ralph Crooke, Chorlton : Hughson Dutch-
man, Toxteth-park, merchant; and Thomas English,
Kirkdale, merchant, Esqrs.
Sir Frederick Thesiger, (the Solicitor-General,) Mr.
Starkie, Mr. Cowling, and Mr. Cardwell, appeared for
the plaintiff; and Mr. Fitzroy Kelly, Mr. Martin, Mr.
Brandt, and Mr. Crompton, for the defendants.
Mr. CARDWELL opened the pleadings. This, he said,
was an issue upon a return made by the Council of the
Borough of Manchester to a writ of mandamus. The
writ recited that after the passing of the Municipal Cor-
porations Act, a separate charter was granted to the bo-
rough, And that, before that grant, Mr. Oswald Milne, the
plaintiff, held the office of Clerk to the Justices, and Clerk
also to the Stipendiary Magistrate of the division of Man-
chester, both of these offices being offices of profit, and
that he received the fees and emoluments thereof; and
that, in consequence of the grant of the charter, he was
deprived of a great part of those fees. The council denied
that he was an officer in the division of the county in the
view of the law, or that he had lost any fees ; and upon
these pleas issue was joined.
The SOLICITOR-GENERAL stated the case. He said that
although the proceedings, out of which the questions had
arisen which were now submitted to the consideration of
the jury, were of great importance to the plaintiff, for
whom he bad the honour to appear, yet, the questions
presented no very formidable difficulty, nor did he see
how they could possibly occupy much time. The case
came upon a claim made by Mr. Oswald Milne, upon the
recently-created Corporation of Manchester for compen-
sation in consequence of the loss of a portion of the fees
and emoluments attached to certain offices which he held
within the Manchester division of the county of Lancas-
ter, and which loss had been occasioned by the charter of
incorporation granted to the corporation of Manchester,
and the grants consequent thereon. The offices which
were held by Mr. Milne were those of clerk to the ma-
gistrates acting for the Manchester division of the county
of Lancaster, and clerk to the sitting magistrates, who
was appointed under the provisions of on act passed in
in the year 1813. With respect to the first of those
theoffi cceos
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had existed for a very considerable period of time.
Mr.
Milne became clerk to the magistrates of that division in
1812. He had succeeded his father, who had been for
many years before him a clerk to the magistrates ; but,
from the war 1812 down to the present time, Mr.. Milne
had been invariably acting as a clot k to the magistrates
within the division. The meetings of the magistrates
were invariably held at the New Bailey, at Salford.
There Mr. Milne, and Mr. Milne only had officiated as