The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-08-08 00:00:00

NEWCASTLE-ON-TYNE ASSIZES.-FRIDAY.

(Before Mr. Justice Cresswell.)
NESS V. BLACKWOOD.
Mr. Knowles appeared for the plaintiff, and Mr. Martin
and Mr. Manisty for the defendant. Defendant pleaded
that the debt had been paid.
Mr. Martin, in addressing the jury for the defendant,
on whom the onus of proof lay, said that this action,
although in the name of Mr. Ness, was in fact, like others
on the list, brought by the directors of the North of En-
gland Bank, for the purpose of endeavouring by indirect
means to compel the shareholders in that bank to pal
what was called a forced loan, in order to enable the
directors to carry it on without resorting to the plain and
straightforward course of compelling the shareholders to
pay up their calls. The history of the ease would. he
thought, open the eyes of the people relative to joint-
stock banking establishments. In 1831 this bank was
established, with the enormous capital of £400,000 or
£500,000 ; the directors knew best what they had done
with the money, but in 1847 the bank stopped, without
having one penny to pay any single individual. The con-
sequence was great discontent among the bond fide share-
holders, and means were taken for the purpose of calling.
upon them in the manner pointed out by the deed of
settlement to pay the debts of the bank. The learned
counsel animadverted strongly on the conduct of the
directors, and especially in issuing a circular calling for
loans, but in which it was stated that " several highlf
respectable parties had, been excepted, as they held such
a number of shares that the calls had been considered:
oppressive and equivalent to a loan." The learned
counsel then stated that Mr. Ness had received the
money, and explained how an assignment had been made
of the debt and judgment to• a Mr. Blaylock, of Carlisle,
with the view of enabling the directors to institute the
present proceedings.
Mr. John Tinley, defendant's attorney, remembered a
scirefacias being issued against Mr. Hudson at the suit
of Ness. He afterwards met that gentleman in the streets
of North Shields, and said, " Yon are frightening people
out of their wits by issuing .wire facias for such large
sums." He replied, " Yes, I understand they are using
my name, but I have got all settled and paid." This was
in. February or March ; the present action was brought in
May.. On the following month heagain met Mr. Ness,
and said to him, " By the way, the bank is still using your
name,. although you said they paid you." He said, ` It's
very wrong, they will be getting into a scrape ; they paid
me, and 1 did not expect they would use my name:'
[The letter from the bank, referred to in the opeginge
was put in and approved.] •
Mr. Ridley was called to prove Mr.. Henderson's signa-
ture to the letter. Cross-examined.—Witness is a direc-
tor of the bank ; Mr. Ross, Mr. Henderson, Mr. Hevrson,
and Mr. Robson were also directors. Each of these
gentlemen. had a loan account with the bank--money
advanced by them to meet the exigencies of the bank.
Witness saw money drawn by the checks of these gentle-
men paid to'Mr. Philipson for Mr. Blaylock, who lives at
Carlisle. Re-examined.—Mr. Jobling was at this time
solicitor to the bank. The bank solicitors are the plain-
tiff's solicitors-in this action.

Mr. Knowles., for the plaintiff, said that the real ques-
tion was, not'whether the directors had exercised a sound
or an unsound direction, but whether Mr. Ness had been.
paid his debt by the bank. He would show that in point
of law the debt exists to this day and is in full force, and'
that it belongs to a party who was now using the name of
Mr. Ness, as he was entitled to do if the debt was his.
The payment was not by the bank, but by four individual
directors, who drew out their own money for the purpose ;
and he would prove that the debt and judgment had been
handed over to Mr. Blaylock for the purpose of keeping it
alive. These being the facts, he had no doubt the-learned
Judge would direct them to find a verdict in accordance'
with a decision in the Court of Exchequer, to,which he
made reference.

Mr. P. Thompson, Mr. Ness's solicitor, proved the'
making of the assignment.
On Mr. Martin rising to reply,
His Lordship intimated that there were no facts-for the
jury, and informed them that in law the debt had not
been paid, but assigned, and the defendant's plea had con-
sequently not been made out.
__ _

The jury at once returned a verdict for the plaintiff, on
which

The learned Judge observed, " Gentlemen, in time
shareholders in banks will understand their liability.!'
Verdicts were obtained for the same plaintiff in several
other cases of a similar nature against various other de-
fendants.

THE MAYOR'S SILVER CRADLE.

TO THE EDITOR OF THE LIVERPOOL STANDARD•

SIR,—As the Town Council appear to want a preoedent
for granting the Mayor's claim, and as such authority
cannot be found, I was glad to find that the friends of our
worthy Chief Magistrate had determined to testify their
regard by a town subscription in order to carry out that
object. As I have not heard where I can pay my mite, I
should be glad if you would kindly inform me, as-well as
others of my friends and townsmen, where subscriptions
are received for the above purpose.
I am sure many will be glad to mark the high sense en-
tertained by the town of our Mayor's private virtues-and
public spirit. I am, Sir, yours, &c.
Liverpool, August 7th, 1848. it. S. .1.
[Mr. Mayer, of Lord-street, can gi;re our correspon-
dent every information respecting this matter. We shall
be glad to take charge of any subscriptions, and hand
them over to the proper quarter.]

CRICKET.—A match at this game came off on Saturday
last, at Wallasey, between the first eleven of the Walla-
sey. and seven of- the Seacombe Albion Cricket Clubs.
The latter club came off victorious, beating their ePP°-
nents in one innings, by a majority of six.
SERIOUS ATTACK.—On Sunday night, about nine
o'clock, as an elderly gentleman was walking- home at
Windsor, he was suddenly accosted by a ruffians who de-
manded his money or his life. The gentleman irnoi-
diately prepared to defend himself, but unexpectedly his
assailant struck, him a severe blow on the face and knocked
him down. The gentleman then called loudly for assist-
ance, and the scoundrel, fearing it might arrive, mad? (4f
in a hurry without securing any of his intended victim a
property.
THE CHOLERA IN EGYPT.—Letters form Alexandria
announce that the cholera had manifested itself with con-
siderable intensity at Cairo ; and that the epidemic had
also reached Tantah, a town on the Damietta branch of
the Nile. Ibrahim Pacha immediately gave orders to
suspend everywhere all laborious works, and to supply
the men engaged in them with wholesome food, and the
country people are forbidden to bring into the towns either
grass, vegetables, or fruit. Mehemet Ali has been decla-
red by the Sultan incapable of governing in consequence
of his state of insanity, and Ibrahim is recognised his
successor.
THE ROYAL AMPHITHEATRE.—Last night, after the
tragedy of "The Stranger," a new and highly interesting
original burlesque, entitled "The Enchanted Isle," by
Mr. R. B. Brough, (formerly editor of the Liverpool
Lion,) was produced at this theatre, and was exceedingly
well got up, both as regards caste, character, and scenery
It possesses considerable local interest, is written in the
style of Bombastes, and full of amusing puns. It quizzes
in laughable style the political commotions and popular
wildness of the day, and is interspersed with numerous,
and admirable parodies on songs. The scenery is very
beautiful, and copious, and the " fairy " machinery
beautiful and appropriate. As the piece had not cell"
eluded until after 11 o'clock, we cannot of course notice
this new, talented, and funny production further unto
next week.

METEOROLOGICAL REGISTER,
BY MR. C. H. CHADBURN, 71, LORD-STREET. .....-
m Humidity at Pi
ATMOSPHERIC fl4 i
Daily Direc- t,i ~,,
thermometer
Temperature tion 1 .el
Pressure at shade by self- Noon.
registering Fall of 5. !....
Difference of of at - 4
..•___.--
_?: Nine Six
a.m. I p.m. Max. Min. bulb. 00'
- e
Wet and Dry Rain. Noon. %
.....
:4 In. In. Deg. Deg. Deg. In. f
xc
64 '-
1 29'30 29'53 65 58 3 o'l4 vvN.Nv 1
as 5
2 29'85 29'88 67 56 5 o'ol wby N
61 5,'
3 29'82 29'74 67 55 7 W 54
4 29'68 29'62 67 56 5 0.11 w.s.W 63
5 2943 2937 65 55
6 j 3 1 1.18 ~,,,,,,w 0
631 I"
---.
7 29'95 , 29'95 5
T---2'2-s---
THE WRATH ER.---1 SI : bright; noon, light rain; night, 140,
heavy rain.-2nd : bright ; light rain; night, fair.-3&: a";.,..
—4th : bright; light rain ; night, heavy shower.-sth : 10°,..5.
ing, bright; afternoon, heavy showers; night, heavy. showf;„
—6th : morning, fine ; afternoon, heavy showers ; mk,,iit, 1t.,,t
—7th: morning, fine; noon, heavy shower; night, bright n'
fair.

LAST MONTH'S REGISTER. 29 92'--
Barometer, max. in., 30 57; min., 29 32; average,
Thermometer, max. deb., 79; min., 50: average, 63'.08;iuring
midity, max. difference,B min. 2; average, s•o2.—Rain " 75;
month, in., 2'51. EVERTON.—Temperature, max. deg',
min., 48; average, 6015.

LIVERPOOL CATTLE MARKET, Atm. 7'mar-
We have had a large supply of all kinds of stock at otuferior
ket to-day, but the greatest portion of second-rate andull
quality. The best met with a fair demand ; inferior,
Beef, Sad. to 6d.; Mutton, 6d. to bid. ; Lamb, sid- to

I.
On the 2nd instant, at Barton u Dpon-Irwell, in her 69th year,
er-
MARGARET, relict of the late Mr. JOHN COLLIgo,
chant, of this town, formerly of Kingston, Jamaica.

LIVERPOOL:
TUESDAY, AUG. 8, 1848. •
PRINTED AND PUBLISHED T N G,
EVERY TUESDAY MORN. sd
By JOSHUA FLETCHER LACE, of 53, Grove street, Ax
LEONARD ADDISON, of 14, Great Orford-street,
At No. 4. ST. GEORGE'S CRESCENT. LIYERPOO%.,. mid
Orders for Advertisements received by Messrs. Newt_ "
t street'
Co., Warwick-square ; Barker and White, Flee ..rger,
Deacon, Walbrook ; Reynell, Chancery-lane ; Charlelvinn.
Birchin-lane ; Joseph Thomas, 1, Finch-lane, Coroh,,uci Lion-
den Hammond, 27, Lombard-street; Mitchell, 8, 04, corn-
court, Fleet-street; Lewis and Lowe, 3, Castle-coo.
__ Jane;
at the Jerusalem Coffee-house, Cornhill ;
hill; at the London Commercial Coffee-house, Alincirob,,,,,free.
charte n t'
Cofee"
house, Paternoster-row; North and South America ._ jape,
A e-Mall" ler
house, Threadneedle-street ; Parsons, 9, ..v glee ,
London; Johnston and Co. Eden Quay, Dublin ; .anehea'
Exchange-street, and C. H. Lewir, Market-streert,,a,......ing
ter ; Haddock, and J. and W. Booth, Booksellets
rirplysds,
ton; Clarke, Pilot-office, Preston; and Wrir onadul4°' 4
Herald-office, Birmingham ; Harthill and Sa m
Prince's-square, Buchanan-street, Glasgow. . LAN,/ AfT.
BIRKENHEAD ; Ton H UNTER, Chester-stree.t6L.t ; and
PIN KNEY, Argyle-street ; OSBORNE, Chester 1,11.'
GRIFFITH, Hamilton-street.
ANNUAL SUBSCRIPTION. . O.
IN ADVANCE„ lBs. I ON CREDIT .......

THEA

Second Ni

Mr. Ciri
the Public
lions to h
and in nrd
ian aform as

Of the Tl

THIS
will

IP-MO
=
...111 Di
AI% MAC

AIRRo

8. Mr• is
thrcessft
vahil
TILT(

riitrt,Ye
8, Bed

AG
th

L4E

Cond
On thi,,

rlii
f, 8
'itlsl;
,111
the \

The
mar, 1
trenc
Jiatui

The
Thar, (
Writh

The
IhTar
eehi
us.ic

Att
Eau,
4ge.
eb
eri4

icrib
Tfl
IY
r~VFit
(A_ 1,

•
THEATRE-ROYAL, WILLIAMSON-SQUARE.
Under the Management of Mr. Simpson.
second Night of the Farewell Engagement of the eminent
Tragedian,
MR. MACREADY,
Previous to his departure for Air erica.
111 e Public, Mr SIMPSON begs to announce to the Nobility, Gentry, and
lic, that Mr. NIACREAD,'S Farewell Engagement, pre-
rlla to his departure for America, is f r Five Nights only;
Pi In nrder that the Plays in which this distinguished Trag,e-
an
tor appear may be presented to the Public in as perfect a
al as possible,

Or MRS. WARNER,
-e Theatres-Royal, Drury-Lane and Covent-Garden, is
THIS
Present TU ermaESDAY 'ged.
EVENING, the Bth inst.,
win be presented Sir Edward Billwer Lytton's Play of

RI
Cardinal Richelieu CHELIEU.
Mr. Macready.
Julie de Mortemar Mrs. Warner.
To conclude with the laughable Farce of
Obadiah HONEST THIEVES.

P-MORROW, (Werinesday,) KING LEAR.
tHURSDAY, W ERN ER.
11;RID,ky.
a Variety of Entertainments, for the BENEFIT of
' MACREADY, and Last Night of his Engagement.
Stage Manager, Mr. ADDISON.

GRAND MISCELLANEOUS CONCERT.
41t R THEATRE-ROYAL.
. R. ISAAC, Pianist and Associate of the
Royal Academy of Music, London, most respectfully
ye„2nces to his Friends, Pupils, the Nobility, Gentry of Li-
"'"l, and its vicinity, that he intends giving a

GRAND CONCERT
Vn OF
—CAL AND INSTRUMENTAL MUSIC,
ON AT THE ABOVE THEATRE,
TUESDA Y EVENING, THE 29th INSTANT,
kr., Under very distinguished Patronage.
.I,llccel4Ac feels much pleasure in stating that he has been
Ole l'ul enough to secure (though at a considerable expense)
Itit,p4ble services of the eminently distinguished CON-
tif the R MADLLE. ALBONI,
teiebr„ oyal Italian Opera, as also other leading Artistes of
klin,„`Y, from the same Theatre, whose names will shortly be
---.!liford-street North, Abercrombpsquare.

JENNY

L IN D.

GRAND MISCELLANEOUS CONCERT, in
the Hall of the COLLEGIATE INSTITUTION,
ON THURSDAY, 7th SEPTEMBER, 1848.
VOCALISTS:

SIGNOR ROGER,
The celebrated Tenor, from Paris;
SIGNOR BELETTI,
The celebrated Basso, from her Majesty's Theatre ;
SIGNOR F. LABLACHE,
VI A n
4"" A ND
AIOTSELLE JENNY LIND.
Reserved Seats.
Seats not Reserved.
I.,:flickets and S.rits may be secured at the COLLEGIATE IN-
hurtiTlON. 011 FRIDAY, the 18th instant, from Eleven till
°'clock.

ZOOLOGICAL GARDENS, LIVERPOOL.
°.I)IV EVERY DAY FROM EIGHT O'CLOCK IN THE

MORNING UNTIL DUSK.

GAA DAYS,
MONDAY, TUESDAY,L WEDNESDAY, and FRIDAY.
ATTRACTIVE ENTERTAINMENT.
APSSRS. ATKINS respectfully announce, that,
4.4Euil Command and under the distinguished patronage of
GRAND
MILITARY & PROMENADE CONCERT
0. WILL TAKE PLACE
- FRIDAY EVENING NEXT, the 11th instant,
IN THE
GREAT CONCERT HALL.
Conductor and Leader of the Band of the 46th Regiment,
4 this occasion the GaNridrenssEwuiiite ILLUMINATED on a
scale of surpassing magnificence.
ADMISSION, IS.; CHILDREN. 6D.
t(11/
4r14 BrrIONTS of FIREWORKS SUPPLIED by Mr. J.
rom to 'lOO and upwards.

HALE WAKES.
:111Z,,Public are respectfully informed that NEXT
Illtbilsr-Alty 'PAY the 13th instant, being HALE WAKES, an
will be provided at the CHI LDE OF HALE INN,
--,":Past One o'clock. Dinner, 2s. 6d. each.
The tt"trinibut leaves Liverpool Exchange, at Half-past Ten in
also at Half-past Two in the Afternoon.

MECHANICS' INSTITUTION,
THE 11A?
MOUNT-STREET.
riNT- sTRE ET.
EVENING SCHOOLS were
RE-OPENED on m
--ONDAY, the 31st JULY.

HIGH SCHOOL.
HRA,t,
The cour,_ -MASTER, REV. J. ENGLAND, M.A.
tzar Geo°, ',°f Instruction includes English Reading, Gram-
trench, ar:PLauYtiHistory &c., Arithmetic, and Mathematlics,
'Natural PhilOso n and 'Greek Classics, Writing, Drawing,
PhY, and Chemistry.
LOWER SCHOOL.
The Course .D-MASTER, MR. A. MAC ILVEEN.
,s.of Instruction includes English Reading, Gram-
Ty' GetraPhY, H' t y&c Arithmetic and Mathematics,
ritig, Lsrawing,
Naturallr Philosophy,Arl
and Chemistry. GIRL'S SCHOOL, BLACKBURNE HOUSE.
,„,'IMATRON and HEAD•GOVERNESS, MISS ELLISON.
lie Course of Instruction includes English Reading, Gram-
-311 r, Geography, History, &c., Arithmetic, Writing, Drawing,
I,:ellework, French, Natural Philosophy, and Chemistry, Vocal
-4141 e, and Drawing.____

INFANT SCHOOL.
At TEACHER, MISS LATEY.
td
Re. ached to the Girl's School is an Infant School for the
4eation of Children of both sexes, from Two to Six Years of
Tebetair,,, led Prospectuses of the Course of Instruction and of the
-4 of the Schools, may be obtained at the Institution.

EVENING SCHOOL.
irh HEAD-MASTER, MR. GEORGE HAMILTON.
klbe following Classes are Open, Free, to Members and Sub-
Writrr," :—Elementary Classes (Junior and Senior) for Reading,
,and Arithmetic.
,Ivrit;„•,..lBo Grammar, Composition, History, and Geography,
,laviZsi Arithmetic Commercial Arithmetic, Mathematics,
Wit "'lon, Architeaural, Mechanical, Landscape, Figure, and
aniental Drawing, Perspective, Painting, Modelling.
bttFnren EXTftA CLASSES.
rh, German, Spanish, Chemistry, Vocal Music, and
*
School'4 Joe Subscriptions of Members attending the Evening
4,0 are received Quarterly, as follows :—First Quarter, 7s. ;
Sail 6s. ; Third, as. ; Fourth, 3s.
raeotn"os are admitted to the ordinary Evening Classes on pay-
"' 8. per quarter.
LECTURES.
kitteey hires are delivered every ENSDAY and SATUR-
Ii„RVENING. Doors open at Seven; ; Lectures commence
ov:"-Past Seven.
rll.kitkßow (Wednesday) Evening, the 9th instant, J. J.
b'ahr,,:"l SON, Esq., of London, will deliver the Third of a
~,`ltkits-„of Six Leetures on the PHYSICS of the HUMAN
'ult:V. To be succeeded by the following Courses of LEC-
-011
,o,ree on SULPHUR, SODA, and COAL GAS, by D.r.
CAN MUSPRATT, late Honorary As Professor in
"'/0-4,.„,•'4, College of Chemistry; Editor of Plattner on the
Si aP,.e; Author of Numerous Chemical Memoirs, &c.
•essor"Al 110 MAN HISTORY, by J. S. BLACKIE, M.A., Pro-
i0:114-; Honianity in Marischal College, Aberdeen.
of Manchester.
APPLIED CHEMISTRY, by DANIEL STONE, Jun.,
"I Alanchester.
bD thi.°,ll the PAST BIBLICAL HISTORY OF THE JEWS,
bSix-A' '
ev• Dr. RAPHALL, of Birmingham.
"11 MUSIC, with Illustrations, by J. Q. WETHERBEE,
4" London.
-1411:e on the ISLAND OF HAYTI, by the Rev. C. M.
b ()of Liverpool.
h the GEOLOGY AND MINERALOGY OF THE
)fith
LAKE DISTRICT, and Four on MINERALOGY,
4404eference principally to the applications of Mineral Sub-
bl,o`4 in the Arts, by E. W. BRAYLEY, Jun., Esq., of London.
Ii ARMORIAL BEARINGS, by WM. PARTRIDGE,
•11"1 rra„ London.
"ter .“:felnents are now in progress for Courses of Lectures on
Pre,piects of interest and importance.
mlltsTua to the commencement of each Lecture Mr. Gito.
- performs various pieces on the CONCERTO ORGAN.
Oe LIRARY.
)DartlbrarY contains aboutß 15,000 Volumes, in all the various
dentsrl of Literature. Science, and the Arts, and is regu-
tlisanlied with the leading Periodicals of the da.
OF ADMISSION TO THE PRIVILEGES OF THE
LifA „, INSTITUTION.
41htt,'"rfernbers constituted by a Donotion of Ten Guineas or
Oea• Annual Member's Subscription, One Guinea.
Sons, under 21 years of age, admissible to the
follF; Classes and Library for the sum of ss. per annum,
44,,itethe Lectures on the payment of a further sum of ss. per
loot
erg Daughters, up-to the age of 18, admissible to the
o,Aler„? and Library for the sum of ss. per annum.
1.4 e c7oera, Apprentices, above 14 and under 21, admissible to
,ett,.4killg Schools and Library for ss. per annum, and to the
011- payment of a further sum of ss. per annum.
4-,1(110." the'Day Schools (not otherwise admissible) ent'tled
10t I,,lsion to the Library and Evening Schools on payment
`54, "q• per annum, and to the Lectures on further payment
tkge; annum.
tit,4ltile el.,eolber has the privilege of introducing One Youth, in
iitt` hino 'reolnstances, to the Library and Evening Schools for
Ne4tof 10s. 6d. per annum, and to the Lectures for a further
t,P•rto " 58. per annum.
',Thi,sll,B ishing to avail themselves of the Library alone are I
'ule for 10s. 6d. per annum.
m!itirt.,l are admissible to Lectures and Library for 10s. 6d. per
4 t
len Ticket dates from the day on which it is taken out.
THOMAS HOGG, Secretary.
11\16,11RISTOL AND EXETER RAILWAY.
4, iaTe...,E IS HEREBY GIVEN, that the next
Ah-lET6,„-c.,r-YEARLY GENERAL MEETING of the PRO-
Aotoof of this COMPANY will be held, in pursuance of
"%to), Parliament,_
at the White Lion Hotel, in the city of
The • ~, THURSDAY, the 31st instant. at Twelve o'clock.
Chair will be taken at Twelve o'clock precisely.
kIN e Transfer JAMES W. BULLER, Chairman.
the not b ker Books will be Closed on Monday, the 21st inst.,
31*t e reopened until after the said General Meeting on
rtstol~
•
J. B. BADHAM, Secretary.
Broad-street, 3d August, 1848.
_,
ANDERTON
O CARRYING COMPANY.
fp.,
A„ IS HEREBY GlVEN,thatat a GENERAL
k„qtyw ING of the PROPRIETORS of the ANDERTONv°4IO, SouthOMPANY, held this day, at the Clarendon
th Itotilz.B4„irreet, in LiverpoV,
q•, in the Chair,
I,lP,treb
_etoross haviUngCglvWeinittlTeTcolissent thereto in writing.
hunt the ir solved tTaninaourlyt—.
egunder
usiirtnership now subsisting and carryingThonmpbAuNsiy-
iwith entirelyes!Yl
dissolved,ofthe ANDERTON CARRYING
1111114,144 Ne °Tiels
FURTHER GIVEN, that in
th'''t of Zil" the provisions contained in the Deed of Settle-
-414.14 Pitej,„"ly‘ny, a Second GENERAL MEETING of
Settle-
it 0-Aid, 0 itlie.TORS will be held at the Clarendon. Rooms
at „he O,O,n,SA.TuRDAY, the nineteenth day of August instant.
Prole above K In the Afternoon, when the Resolution passed
mentioned Meeting•
will be again submitted. to the
tf fcling utiihani. Resolutions will also be submitted to the
ceAt e Whole °P sing the Sale and Disposal of the Goodwill and
te The 0 °' the Property and Effects of the Company (ex-
-1414
tutstanding Debts due to the Company), upon such
►vintb°ePaYMent of the Purchase Money and otherwise as
„chi* „_llthstat
iiJate e_nfredl,rBaorifdtfhoercoprinespearnibyi.ng the mode of finally
44(ired ;;(2, seventh day of August, One Thousand Eight
seventh ay
By order of the Board,
JAMES MACINTYRE, Secretary.