The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1850-03-26 00:00:00

THE -LIVIRP-OOL ST-iiNDARD,

SOUTH LANCASHIRE SPRING ASSIZES

The Courts were opened by Baron Alderson on Thurs-
day, at a half-past six o'clock, when the Commissions of
Oyer and Terminer and general gaol delivery were read
by the Clerk of the Court.
On Friday morning Mr. Baron Alderson and Mr.
Baron Rolfe, accompanied by the High Sheriff and suite,
attended divine service at St. George's Church, when
prayers were read by the Rev. W. Brancker, curate of St
George's. We understand that on Su
sermon was preached before the judges,
Royde, chaplain to the High Sheriff

ay morning a

tev. John

CROWN COURT.
The following gentlemen were sworn on
THE GRAND JURY:
William Entwistle, Esq., Rusholme, Foreman.
James Heath, Esq., Heathfield.
Wm. Leigh Clowse, Esq., Broughton.
James Fenton, Esq., Bamford.
John F. Foster, Esq., Manchester.
Wm. Gale, Esq., Lightburne House.
J. C. Harter, Esq., Broughton.
Oliver Heywood, Esq., Acresfield.•
Alex. Fowden Halliburton, Esq., Wigan.
John Holmes, Esq., Liverpool.
Richard Jennings Jones, Esq., Old Swinton.
Thomas Littledale, Esq., Highfield.
Harold Littledale, Esq., Liverpool.
Edmund Molyneux, Esq., Childwall.
Thomas C. C. Marsh, Esq., Arley.
Edward Parker, Esq., Alkincoates.
Albert Hudson Royds, Esq., Greenhill.
John Reid. Esq., Manchester.
John Plumbe Tempest, Esq., Tong Hall.
Samuel Taylor, Esq., Eccleston.
Mr. Baron ALDERSON proceeded to charge the grand
jury, and then dismissed them to their room. The charge
did not contain any material point.
William Jones, (22,) John Flanagan, (24,) and John
Harrison, 1;230 were charged with having, at Manchester,
with great personal violence, assaulted Richard Williams,
and robbed him of fifteen shillings_ The jury found Jones
and Flanagan guilty, and acquitted Harrison. Jones was
sentenced to twenty years' transportation, and Flanagan
to two years' imprisonment.

John Thompson, (23,) Louisa Thompson, (22,) and
William Browne, (23,) were charged with having in their
custody 113 pieces of counterfeit coin. resembling half-
crowns. The two Thompsons were found guilty, and
adjudged each to eighteen months imprisonment, Browne
was acquitted.

Walter Knox, (48,) was found guilty of having in his
possession, at Manchester, two instruments for counter-
feiting penny pieces. To be imprisoned for twelve months.
Matthew Swaine, (24,) was charged with the manslaugh-
ter of Sarah Hearn, at Manchester, on the 17th of Dec.
Guilty. To be imprisoned:for two months.

NISI PRIUS COURT.—FRIDAY.
SA REY v. IP CO AM I C K.—This was an action brought
by Elizabeth, widow of J. Sarey, against the defendant,
Mr. M.Cormick, who, in January, 1849, employed the
plaintiff's late husband on the Liverpool and Bury line of
railway, for which the defendant was contractor. It was
alleged on the part of the plaintiff, that by the negligence
of one or more of the defendants' servants a carriage was
turned to a siding near Upholland, occasioning the death
of the plaintiff's husband. Before the case proceeded far
the defendant undertook to pay the defendant £lOO, and
thus an amicable arrongement was come to. On the
suggestion of the learned judge £B5 was awarded to the
widow, and £5 to each of her three infant children.—No
other civil case of interest was tried in this court.

CROWN COURT.—SATURDAY.
John Milnes, 51, was sentenced to three months hard
labour, the last solitary, for having so kicked and ill-used
his wife that she died some time after in consequence.
Thomas Ashton, 21, was found guilty of having assaulted
and robbed, at Manchester, Charles Beam, of £4B.
John Winterbottom, an elderly man, was acquitted of
the manslaughter of John Seddall. The prisoner was
charged with having killed the deceased by exposing him
to a hot bath, and immediately afterwards to a cold bath,
and administering to him a noxious mixture as a whole-
some medicine. The prisoner lived at Oldham, and until
recently was an operative in a cotton mill, which he left,
and set up as an herbalist. It was proved that in other
cases, similar treatment had been attended with beneficial
effects. The JUDGE stated that if persons would employ
parties who had not received a proper education, they
must be left to their own course.

Zaccheus Colelough and William Turner were senten-
ced to one year's imprisonment, with hard labour, for
assaulting and robbing James Mason, at Manchester, on
the 28th January.—A similar sentence was passed on
&Farah Ann Bramaer, for robbing Henry Bradshaw, in
the same town; and on Alice Anderton for feloniously
entering and robbing wearing apparel from the dwelling-
house of Daniel Hamer, at Biton.

homas Cunningham: 19, and Charles Foley, 21, were
acquitted of a burglary at the public• house of Ann Caton,
in Gregson-street, Manchester.

NISI PRIUS COURT.-SATURDAY

RIGBY V. lIEWIrI.=-iieii;iiitiiC;:"Coa;l;:manufac-
turer at Longsight, near Manchester, sought to recover
from the defendant, an omnibus proprietor, compensation
for injury received by the overthrow of an omnibus
through the carelessness of the driver of a rival vehicle.
The plaintiff sustained concussion of the brain, and his
life was despaired of for some time. The jury awarded
X5O damages.

WILSON v. MOTT.—Joshua Wilson. the plaintiff in this
case, was one of the sons of Mr. Wilson, nurseryman,
who died at Derby in 1816, and the defendant is a gen-
tleman engaged as district auditor under the new Poor-law
A et, and also an accountant in Manchester. It appeared
that the plaintiff left Derby in 1848, and, having beeh
reduced to a state of destitution by his own folly, applied
for admission into the Manchester workhouse, where he
came in contact with the defendant, and induced him to
interest himself in the recovery of £1,050 still due to him
from the trustees under his father's will. The money was
obtained by the defendant, and, according to his account,
not only was the whole of it given by instalments, but a
further sum of £l7O was supplied to him, and to this
amount he was actually indebted to the defendant. The
quebtion to be decided was, whether a number of pay-
ments which the defendant had made to the plaintiff on
account of the sum of £1,050, an amount due from the
plaintiff to the defendant for rent of some ground which
the former employed as a nursery ground, and the remu-
neration due to the defendant for his services in recovering
the money due from the trustees, amounted to the sum
which the defendant had received on the plaintiff's ac-
count. The case occupied a very long time, and was
ultimately adjourned.

morning of the 22d of January, prosecutrix, in company
with a young woman named Williamson, was proceeding
to her work, and they had occasion, in going, to pass
through a field, in which they saw the prisoner standing
as though waiting for some person. The prisoner took
hold of prosecutrix as she was passing him, and wished
her to promise him when she would become his wife;
and added, " for I will either have thee or thy blood."
They then scuffled together, and fell to the ground. The
prisoner got on his legs, and took a " pick" which he
used in the coal mine, and struck her on the head ; the
blow scared off, and the prisoner said, " Have I hurt
thee ?" Prosecutrix said he had. He then again struck
her three several times with the pick upon her head, and
inflicted wounds of a most serious nature, and from the
effects of which the prosecutrix was unable to leave her
house for several weeks. From the statement of the pro-
secutrix it appeared that the prisoner, upon various pre-
vious occasions, had threatened to murder her ; and he
had been taken before the magistrates in consequence,
but liberated on his friends promising to restrain him by
keeping him in safe custody. In cross-examination by
Mr. Pollock, the medical man who had attended the pro-
secutrix, stated that the prisoner was a man of exceedingly
weak intellect, and, in consequence of an accident received
in the colliery, he had been rendered incapable of govern-
ing himself upon occasions of excitement. Mr. Pollock
rendered the facts elicited from the medical man the basis
of his defence, and contended that, in consequence of the
prisoner's state of mind, the charge of intent could not be
sustained. He appealed to the jury to return a verdict of
acquittal, on the ground of insanity, which would submit
the prisoner to confinement during her Majesty's pleasure,
which would be highly satisfactory to the prisoner's friends.
His Lordship having instructed the jury, they retired

from court, and, after- an absence of a quarter of an hour,
returned to court with a verdict of guilty. The Judge, in
passing sentence, ordered death to be recorded, adding,
"we shall see afterwards:what will be done with you."

Charles Hodgkinson, 29, and Joseph Green, 23, were
acquitted of having, in January last, feloniously stolen
from the dwelling-house of Ellis Green, at Culcheth,
thriteen sovereigns, other money, two watches, and a vast
number of other articles.
THE LATE FRAUDS AT THE ST. HELEN'S SAVINGS'
BANK.—In the course of the afternoon, two bills—one
for felony and one for midemeanour, wire returned against
William Johnson, and two bills for felony and one for
misdemeanour against John Johnson, late actuaries to the
St. Helens Savings' Bank. The day of trial is not yet
fixed.

THE ALLEGED ROBBERY OF TOBACCO BY CUSTOM-HODS
OFFICERS.—In the case of the late charge against Custom-
house officers, in this port, for stealing tobacco, the
government officer prepared a case before the grand jury,
and in the course of the afternoon a true bill was found
against Judge and eight others. The case will, in all
probability, be removed by certiorari; at all events, it
will not be tried at the present assizes.
DISMISSAL OF THE GRAND JURY.—At twenty minutes
to six o'clock the grand jury brought in their last bill, and
having briefly been thanked by his lordship for their ser-
vices to the country, were discharged.

The court, at twenty minutes after six, adjourned until
nine o'clock this morning.

NISI PRIUS COURT—YESTERDAY.
(Before Baron ROLFE.)
The case which was adjourned from Saturday was settled
by the plaintiff agreeing to pay £l5O and costs.

CASE OF SEDUCTION

WOOD v. COOPER.—This was an action brought by the
mother of a young woman named Betty Wood, who lived
at Glossop, to recover compensation for her seduction by
the defendant, in or about the autumn of 1848. Mr.
Bliss, Q.C., appeared for the plaintiff, and Mr. Sergeant
Wilkins for the defendant. Mr. Bliss stated the case,
from which it appeared that the young woman who was
the victim of this seduction was now deceased, and there-
fore could not be produced to give evidence in this case.
She formerly resided at Glossop, and worked in the mill
of Mr. Sumner, of that place. The defendant, who is a
married man, and the father of two children, also worked
in the sume mill, at which place the intimacy between the
parties commenced. The deceased worked in this mill
until within about two years of her death, during which
latter time she resided with her mother, and assisted in the
domestic concerns of the house. In the month of April,.
1849, she was delivered of a child, of which the defendant
acknowledged to be the father. He also, in addition,
provided some money for the wants of the deceased, and
promised to make her all the amends in his power. The
deceased never recovered from the effects of her confine-
ment trill she died in the month of May following. Since
that date the defendant refused to advance anything to
her mother, or anything for the maintenance of the child,
and hence the mother brought the present action to
recover compensation for the loss of her daughter's ser-
vices.—The defendant pleaded that as the deceased worked
in a mill for her livelihood, no compensation could be
claimed by the mother, and that the defendant was not
liable, as a compromise bad been proposed.—The facts of
the case having been proved by various witnesses, Mr.
Sergeant Wilkins addressed the court for the defence,
contending that the defendant, and not the accused, had
been the seduced, and that the case should have been
treated as a bastardy case from the first.—His lordship
having summed up the case, the jury returned a verdict
for the plaintiff. Damages, £25 and costs.

BAitiow v. 01.nFIELIThis was an action to recover
the sum of £l4O Is. sd. for work done and money lent.
Mr. Hill appeared for the plaintiff and Mr. Atherton for
the defendant. Just as this case was being proceeded with
Mr. Atherton proposed that the case should be left for
arbitration. A verdict for the plaintiff, subject to a refer-
ence, was taken by consent.
PARKINSON V. WHITE.—This was an action to recover
the sum of £l9O for money paid and received. The
defendant pleaded that he did not owe. Mr. Hill and
Mr. Atherton appeared for the plaintiff, and Mr. Martin,
Q.C., for the defendant. The facts of the case were simply
that a gentleman named Rose, having got into difficulties,
a deed of assignment, to save his furniture, was executed
to the defendant, and which goods the plaintiff purchased
from the defendant. Subsequently a fiat in bankruptcy
was issued against Mr. Rose, and the messengers of tne
Court of Bankruptcy seized the furniture and sold it.
The money having been paid to Mr. White, that gentle-
man paid over the purchase money to the assignees, in
addition to the fact that these gentlemen had previopsly
obtained the furniture; and hence the present actionias
been brought by Mr. Parkinson to recover the money paid
by him.

'The facts of the case having been proved, a verdict for
the plaintiff was entered.
RHODES V. WHARTON.—This case was one to recover
rent due to the amount of £l4 ss. The case possessed
no feature of interest whatever.—Verdict for the de-
fendant.

COOPER V. BLACKWELL.—This was an action brought
by Mr. Cooper, a solicitor, of Manchester, against Wm.
Blackwell, an upholsterer and cabinet-maker, of Not-
tingham, to recover £134 125., being the amount of a
bill of costs alleged to be due to the plaintiff by the de-
fendant. Mr. Martin and Mr. Atherton appeared for the
plaintiff, and Mr. Watson for the defendant.
It appeared that the plaintiff and several othere were
concerned in a railway scheme in '45, and known as the
Wolverhampton, Birmingham, and Nottingham Railway
Company, which company had failed to carry out the
projects proposed. These parties had taken shares in the
undertaking, and had paid deposit money, and taken up
the scrip. On the failure of the concern, these parties
entered an action against one of the directors for recovery
of the amount paid, and in bringing that action it was
that the plaintiff was employed. The plaintiff (Cooper),
before bringing the action, required from the va-
rious parties who were suing the directors that
they should give a guarantee to him that they
would be jointly and severally responsible to him for the
payment of his costs. This having been agreed to and
the guarantee signed by all the parties, the defendant
included, the action was brought down to Liverpool to be
tried ; but before the case came on for trial the parties
were advised to abandon the action, all the parties then
agreeing to contribute equally towards the payment of
the plaintiff's costs. Subsequently it appeared that the
defendant's quota of this amount was about £42, which
sum he refused to pay. The plaintiff sent various letters
to him, asking whether he intended to pay : and inform-
ing him that if he did not do so he was liable for the whole
of the amount of the said bill of costs. Mr. Blackwell
still refused to pay his share, and hence the plaintiff pro-
ceeded against him for the full amount.
Several witnesses were called to prove this statement.

Mr. WATSON contended that the wording of the ginir-
antee did not allow of the plaintiff recovering on it, because
the guarantee stated that, "in consideration of accepting
the retainer, &c.," the parties became liable. whereas_ in
fact, he had accepted the retainer, and become the attorney
of the parties nearly a month before the date of the
guarantee._ _ _

" The further hearing of the case was adjourned till to-day,
and the court rose at ten minutes past six o'clock.

RAILWAY COMPENSATION CASES.
(Before Mr. Sergeant MURPHY.)
These cases arose out of an accident which occurred on
the morning of the 26th November last, in the Walton
Tunnel. The actions were brought by Messrs. Pickup,
Langley, and Jones, to recover compensation for damages
sustained at the hands of the East Lancashire Railway
Company, by the mismanagement of their line,—and
had been referred from the assizes now holding to the de-
cision of the learned Sergeant and a special jury to assess
damages.

Mr: Sergeant Wilkins, Mr. Crompton, and Mr. Aspi-
nal appeared for the plaintiff&:. and Mr. Segar for the
'
Railway Company.

The learned SERGEANT, in stating the case, observed,
that it was one of those peculiar cases where the jury was
to consider more of the equity of the case than any ques-
tion of law which might arise. Ile descanted upon the
great hardship which persons travelling by railway were
put to in the event of an accident of this kind occurring,
no matter what compensation might be received for the
injuries sustained ; and after stating the facts of the case,
the following witnesses were called.
Richard Dowling, a clerk in the employ: of the North
Union Company, at Preston, deposed, that on the morn-
ing of the 26th November last he was in the 8 a.m. train
from Liverpool to Preston. In the coups in which he
sat were also seated two gentlemen—one of them the
plaintiff, and the other Mr. Langley. They were sitting
with their backs to the engine. Witness sat on
the left-hand side of the coupe, plaintiff on the
right, and Mr. Langley was in the middle. The
morning was extremely foggy. The trains started a
few minutes past 8 A.m., and went on slowly till it
reached the Bootle-lane Station, where it stopped for
about two minutes. The trains then went on to the
Walton tunnel, at a slackened speed. When the train
entered the tunnel, felt the speed materially slackened.
Did not hear anything till I felt a shock of the carriages
coming into collision,. The collision took place in the
dark, and when we. gob into the daylight, I noticed that
both Mr. Pickup: and Mr.. Langley were :very much in-
jured; both, were lying on. the floor of the carriage. Both.