The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-04-04 00:00:00

CROWN COURT.-YESTERDAY.

His Lordship took his seat shortly at' er nine o'cloc"'
and proceeded to pass sentence upon several prisoners.
Daniel O'Brien, aged 27, and Michael Connelly, 26,
who had been found guilty of assaulting Nicholas German ,
at Prestwich, and robbing him of a watch, a crown piece,
and other money, were first brought up. O'Brien mad e
a strong protestation of his innocence, appealing to his
Maker, were it his dying day. His LORDSHIP gently re-
buked the prisoner for calling on the Almighty to judge
him everlastingly. On the last day his innocence, if he
were innocent, would be made manifest, and it would be
well for him to suffer quietly. The prisoners had both
been found guilty of a violent assault. with pistols, in the
middle of the day, and the sentence of the court was that
they he each transported for fifteen years.
Charles Henry Coupe, 27, who had pleaded guilty to a
charge of forging an order for goods, and who had been
previously convicted, was sentenced to be transported for

seven years.
William Edward Davies„ aged 37, who had pleaded
guilty to forging a bill of exchange with intent to defraud
Messrs. Percival and Yates, of Manchester, and who had
received strong recommendations, from one of his em-
ployers and other parties of respectability, of good pre-
vious character, was sentenced to be imprisoned for six
months and kept to hard labour.
Longbottom, 35, who• had pleaded guilty to a
charge of having forged the indorsement to a bill of ex-
change, at Rochdale, and also with having uttered a bill
of exchange for £29, with intent to' defraud another party,
was sentenced to be imprisoned for eighteen months with
hard labour.
Richard Ackson, 44, found guilty of a violent and
almost murderous assault on a woman at Newton, on the
12th February;•was sentenced to be imprisoned and kept
to hard labour for eighteen months.
Henry Meadws, 27, for stabbing a man, and nearly
killing him, (as reported in our last week's paper,) was
sentenced to be imprisoned and kept to? hard labour for
one year. His lordship said he deeply regretted that the
crime of stabbing had become rife in this country, and he
was determined as hr as he could to suppress it.

--.
THE MANCHESTER BOILER EXPLOSION' OASE.
Thomas Riley, a respectable-looking man, was then
put up. He had pleaded guilty of having, through careless
conduct with regard tua steam boiler, at Manchester, by
rdlich, as already recorded, no fewer than thirteen unfor-
tunate men had lost their lives through the explosion of
the said boiler. His lordship remarked, that the prisoner
had by carelessness and negligence been the unhappy
cause of sacrificing life tu a large amount. He had been
equttlly careless of the lives of his own children and wife,
permitting the former, who lived close by, to play, about
the premises while the boiler was in a dangerous- state.
The sentence of the court-was, that the prisoner boom-
matted to gaol for three months.
Mamas Barrett, 50, and: William Mawson, who had
each pleaded guilty to the respective charge of bigamy,
were sentenced, the former to nine months, and the latter
to three months' imprisonment.
John- IV Kee, who pleaded guilty to a charge of bur-
glary, at Manchester, was sentenced to be imprisoned and
put to hard labour for four months.
Thomas Ostick, 13, who had been out on bail, and
pleaded guilty to forging a receipt at Manchester, with
intent to defraud, was sentenced to six montsh' nnprison-

ment and' hard labour.
TVillianz Thomas, charged with having stabbed, at Li:-
verpool, Thomas Halliman, was proceeded against ' • but
the prosecutor's testimony and manner raised a doubt of
his veracity, and the jury returned a verdict of not guilty:

THE WIGAN C3AL CASE-
Henry Bleasdale and Enoch Grimshaw, respectable
looking men, were arraigned for having feloniously ab-
stracted a large quantity of coal from under the town of
Wigan, and feloniously appropriating the same, the coal,
being the property of other parties. The prisoner Bleas-
dale pleaded not guilty, and the other pleaded guilty. Mr.
POLLOCK, with whom for the prosecution was Mr. WHEELER.,
explained the case, stating at the outset that he and his friend
did not purpose to bring any evidence against the parties, in-
asmuch as the principal offender v,lts John Bleasdale, brother
of one of the prisoners, who had absconded. The case was
one of great importance as regarded the coal districts. The
charge was one of stealing a large quantity of cannel and other
coal. The parties who were guilty had, from his own mine,
penetrated the coal fields of others, and the quantity taken ex-
ceeded, since 1844, the value of a:10,000. They had, in fact,
undermined the town of Wigan. John Bleasdale, it was ad-
mitted, had aright to penetrate to the eastward, under the
churchyard, only 13 yards, but they had gone eastward exca-
vating the coal to a distance of 160 yards beyond the boundary,
and had abstracted coal in mines belonging to forty other pro-
prietors. The prisoner, Enoch Grimshaw, was employed as
an underlooker by John Bleasdale, and it was his duty to,
measure the workings from time to time. It did not appear,
however, that he did other than aot-under the instructions of
John Bleasdale, and therefore no• evidence would be offered
against him. In 1844, Mr. Gunning, the rector, and the
churchwardens suspected that coalAad been wrongfully taken,
and they sent down to ascertain the fact, by dialing, when they
found that in place of going only 13-yards, they had gone 160
yards into the property of others. They had great difficulty
in ascertaining this. It did not' appear that Henry Bleas-
dale participated in the profits. The JUDGE suggested that
he should be bound over to give evidence against the
main offender John Bleasdale, if he could be caught. This
was concurred in by counsel, and the result was that the pri-
soner Henry Bleasdale was acquitted, and he was bound over
in his own recognizances in .'5OO, to appear as a witness if
hereafter called upon, and was discharged ; and the other pri-
soner, against whom there was no direct evidence, was also
discharged, on the provision that he should be liable to be
brought up for judgment—the object being to secure him as a
witness should the main aggresoor be apprehended. There
ITUB2:l7;o4rnicoals,t& property "Of ;fgrltsecittrqll7.
nine, and others, also the property of Benjamin Powell, and
the Earl of Balcarres, &c. At the request of Mr. Wilkins, the
learned Judge agreed to issue bench warrants for the apprehen-
sion of John Bleasdale. The prisoners were then discharged.
The Judge remarked that he had long wondered why the legis-
lature had not passed a law to enable parties owning coal fields
contiguous to other workings, bago down and examine whether
there was any inroad made upon their property. As it was,
parties suspecting such aggression might not be enabled to
ascertain the fact without going to the expense and inconve-
nience of sinking a new shaft on their own ground.
Michael Kelly, 19, William Kelly, 18, John Quin, 22, and
Michael M‘Laughlan: charged with having, at Liverpool, in
December last, feloniously stabbed Bartholomew Monaghan.
The evidence was confused and uninteresting. The jury re-
turned a verdict of assault only against all the prisoners. Evi-
dence to good character was given on behalf of M'Laughlan.
The sentence was that the two Kellys should be imprisoned for
six months, they having used the knife ; and the o her two,
who were comparatively minor offenders, for six weeks. Quin
was afterwards recalled, and his sentence was mitigated to one
month

UTTERING- A FORGED ORDER.
William. Shaw, 40, was charged with having uttered,at Liver-
pool, on the Ist January, a forged order for the payment of _£s,
with intent to defraud Mr. Thos. Phillips, baker, Copperas-hill
and St. John's Market. The jury found the prisoner guilty,
and he was sentenced to-be imprisoned and kept to hard labour
for six months.
Samuel Fames, 21, was charged with having, on- Christmas
Day last, feloniously cut and wounded James Blak
I,t ap copensta-
ble, with intent to do him grievous harm. appeared
that the prosecutor and other officers had gone to an unoccu-
pied house in Eldon-street, to disperse a number of persons,
two of whom had been fighting, when the former was struck by
the prisoner with a brick, which knocked him down, and pri-
soner afterwards kicked him. He was seriously injured. There
was a wound cut to the bone at the back of the head, and a
slight fracture of the skull. The assault was proved. Several
witnesses gave the prisoner a character for quietness, industry,
and kindness to his mother, whom he had long supported.
The jury returned a verdict of guilty of the assault only, recom-
mending. the prisoner to mercy. After a very strong admoni-
tion the Judge sentenced the prisoner to be imprisoned and
kept to hard labour for two years.
The:. Speakman, 20, was found guilty of having, at Liverpool,
on the 6th of March, broken into the dwelling.house of William
Redfern, and stolen therefrom a quantity of articles of wear-
ing apparel, &c. Ile bad been ten times in gaol before, and
was now sentenced to be transported for ten years.
William Green, 27, was charged with having, in Richmond-
street, Liverpool, on the night of the 9th of March, cut and
stabbed Henry Clansey, with intent to do him grievous bodily
harm. The prosecutor did not appear, but the surgeon of the
Northern Hospital described the wound as extending from the
eyebrow to the chin. The prisoner was found guilty, and was
sentenced to imprisonment and hard labour for one year.
Henry Bonas, 19, Robert Guy, 19, and William Thompson,
26, were charged with having, on the 19th March, broken into
the house of Hannah Capper, in Summer Seat, Liverpool, and
stealing therefrom groceries, clothes, copper money, &c., her
property. The prisoners had forced their way into the house
by the cellar, which had been fastened by a chain and a rope.
The two first-named prisoners were found guilty. Bonas was
before committed eight times, and was sentenced to be trans-
ported for seven years. Guy was committed to prison for one
year. Thompson was acquitted.
John Burgess, 18, was found guilty of having, on the 20th
March, entered the house of Mr. Robert Syers, in Hotham-
street, and stolen therefrom certain articles. He was sentenced
to seven years' transportation, having been before convicted of
felony.

CHARGE OF CHILD-MURDER.
Elizabeth Grier, 32, charged with killing and murdering her
new-born illegitimate child, at Liverpool, on the 24th February
last, by strangling it with a cord, pleaded not guilty. She had
acknowledged the birth of the child, and his LORI:SH said,
a. tlicir vrao Co concealment of the delivery, the pri naL5:
either be found guilty of the murder or acquitted.—To Inspec-
tor Anders, who apprehended her, she said the chid was dead,
and had been taken away by a Mrs. Ashton, and buried in St.
John's Churchyard. It was, however, afterwards found among
the bedclothes, still warm but quite dead.—Ann Hughes, the
prisoner's mother, said the prisoner had lived with her for six
months. The prisoner was a widow, and had had a child by
her husband some years ago, and that was stillborn.—The
charge rested almost solely on the evidence of Dr. Imlack, who
said prisoner had attended him for prolapsis of the womb ; on
the 23d February he found she was pregnant ; and on the next
day he found she had been delivered. He made a post-mortem
examination, and found a mark round the child's neck, which
he at first thought was a wrinkle arising from position, but
afterwards thnight it was caused by a cord like a window-cord,
It appearing, however, that this was merely an opinion, and
that there was no proof whatever that the child was born alive,
his LORDS Htp stopped the case. If, he remarked, the prisoner
committed murder, she called several parties round her to see
her do it, which was by no means likely. Under his lordship's
direction, the jury returned a verdict of not guilty, and the
prisoner was immediately discharged.
POACHINO.
Richard Brown' 34, and Thomas Hewett, 38, were charged
with having, withdivers others, on the niht of the 19th Jan.,
entered certain land in the occupation of William Blundell, Esq.,
at Crosby Hall, armed with guns, for the purpose of taking
game. It appeared that on the night in question, or rather at
four o'clock in the morning Mr. gameke
plantationsgun alone near
the hall, and on going up found the two prisoners and two others.
A challenge and a fight ensued. The prisoners were found
guilty of poaching in the night, and his Lordship deferred the
sentence until this day—which will be the last for the criminal
trials at these assizes, as but thr
into. The court rose at half-pastee cases remain to be gone
six.

NISI PRIUS COURT—YESTERDAY.
(Before Baron ROLFE.)
BREACH OF CONTRACT.
BLACKBURN AND OTHERS V. SMITH.—MT. ATHERTON
opened the pleadings. The declaration contained two
counts, the first of which set forth that the defendant had
agreed to sell certain land, situate in the borough of Li-
verpool, to the plaintiff, at the same time entering into a
special agreement that he would furnish the plaintiff with
a full and sufficient abstract to the land, which he had
neglected to do. There was a count also for money had
and received. The defendant pleaded that he did not
promise to furnish a complete abstract, and also that he
furnished as good an abstract as it was possible to get.
Mr. BAINES, Q. C., stated the case, from which it
appeared that the plaintiffs purchased this land from Mr.
Smith, who is a solicitor in this town, for the purpose of
buMing a sclio)1 on it, This rlrellan made on the

20th of December, 1844. This contract contained stipu-
lations to the effect that £l5O should be paid down on the
signing of the agreement, the rest of the purchase money
on the 2nd of December, 1846—in consideration whereof
Mr. Smith agreed to furnish a full and perfect abstract of
title to the land. It was alleged by the plaintiffs that the
defendant never had done so. He was, therefore, guilty
of non-performance of his part of the agreement. In
consequence of this, the plaintiffs claimed to have the de-
posit of the purchase money refunded, together with the
interest due thereon. It was true that the plaintiffs had
received various abstracts of title, but none of them were
perfect.
Evidence having been Oren in proof of these facts,
Mr. MARTIN, (with whom appeared Mr. Crompton,)
for the defendant, contended that they did furnish a full
and sufficient abstract of the title down to a purchase by
the defendant from a person named Forshaw, who was
alive at the time this sale was made. This was a tenancy
in fee, held by Smith from Forshaw. Another clause of
the contract was, that all objections to this title should be
made within one month from the date of the agreement,
else theoon-making of an objection within that time was
to be received as an acceptance thereof. This objection
not having been made within the specified time, he con-
tended there was no case for the plaintiff. With regard
to the covenant to recover the money had and received,
he said that his client had done everything in his power
to complete the title and to fulfil the• agreement, and
therefore no claim could be made against him on that
count of the declaration.
It was proved for the defence, that another piece of
land had been got, which was more convenient for this
school than that which had been got from the defendant,
and in consequence of this the plaintiffs had endeavoured
to sell this land.
His Eonnsure then summed up, after which the jury
returned a verdict for the defendant, with liberty to the
plaintiff to move for such a sum as the Court might direct.
PARLIAMENTARY EXPENDITURE.
Bremner v. Charelerlain. —Mr. Attorney General
Knowles and Mr. Crompton appeared for the plaintiff,
and Mr. Martin and Mr. Sands for the defendant.
Mr. CROMPTON opened the pleadings, which contained
a declaration for work and labour done, for professional
attendance, for money paid and due on the account as
stated. The defendant pleaded not liable.
The ATTORNEY-GENERAL stated the facts of the case,
which were as fellows :—The- plaintiff is a solicitor in this
town, and the defendant lives or did live in the township of
Tranmere, where be owns a property. The object of the
present action was to recover a bill of costs for his client.
It appeared that in August, 1845, a number of gentlemen
connected with the township' of Tranmere thought it
would increase the value of their property if they obtained
an Act of Parliament for the better lighting, draining, and
doing various other things for the improvement of the
township. A public meeting was held, in consequence,
by the churchwardens. He did not know whether any
resolutions relative to the matter were come to on that
occasion, but a committee was appointed to decide whether
or not the bill should be applied for. The committee
agreed to apply for this bill, as did also the inhabitants of
the township. Mr. Chamberlain, the defendant, was
chairman of this committee, and 'in their deliberations the
committee deemed it prudent to resolve that they should
not have a solicitor who was in any way connected with
either the townships of Tranmere or Birkenhead;—conse-
quently Mr. Bremner was appointed, and he received in-
structions to prepare the necessary notices, and to take
such other steps as were necessary to insure the success of
the bill through Parliament. This instruction was given
by the chairman of the committee, Mr. Chamberlain. In
consequence of this instruction Mr, Bremner incurred
considerable expenses in London and elsewhere. Matters
were proceeding in this way up to the first or second
month of 1846, when the committee came to the resolution
that the bill should not be proceeded with that session ;
but in the subsequent session the plaintiff was ordered to
serve fresh notices, which he did, but no • more was done
in the matter. Then came the day of payinent,—a day
which they all dreaded, and when pressed for payment all
the gentlemen connected with that committee denied their
liability to pay the expenses incurred. It was now sought
to recover the expenses of Mt. Bremner from the defend-
ant, who, besides beiki g very much interested in the scheme,
was more benefitted in his property than any other gen-
tleman in Tranmere by these 'improvements. He could
not say what line of defence his learned friends would pur-
sue, but he should, perhaps, inform the Court that since
this action was commenced, various members of this com-
mittee had paid some small sums, to the amount of £l3O,
and credit for which would be given in the accounts.
' Several witnesses were then called to prove these facts ;
.1 after which
1 Mr. MARTIN contended that the_defendant had not

been appointed to the committee until subsequent to Mr.
Bremner's appointment, and therefore, according to the
. .

law laid down in the case of Provisional Committee-men,
he was not liable. He also contended that Mr. Bremner
had engaged, if the bill was not obtained in Parliament,
he would not charge more than the money out of pocket,
except with regard to his professional services in London.
His LORDSHIP being of opinion that this view of the
case was correct, the case was left for arbitration, a ver-
dict for the plaintiff being taken with costs.

WATER-WORKS. CASE—COMPENSATION.
GAGE V. THE MAYOR AND CORPORATION OF LIVER-
POOL.—Mr. Sergeant Wilkins and Mr. Atherton appeared
for the plaintiff, Mr. Michael Alexander Gage, of Liver-
roolare Mr. Martin and Mr. Crompton for the de-
The action was brought to recover the sum of £157 lOs.,
being a balance due for-work done by the plaintiff for the
Corporation of Liverpool. Mr. Gage, who is an engineer
and surveyor, in 1846 sent into the Corporation a memo-
rial stating that, in his opinion, it was practicable to sup-
ply Liverpool with water by means of Artesian wells sunk
in the neighbourhood, and that his plan would be much
less costly than the proposed one—that of bringing water
from the Lancashire- hills, at the Rivington Pike. He
was instructed by the Town-clerk to make the necessary
surveys and inquiries, and to report thereon to the Water
Committee of the Council with all possible speed. Mr.
Gage at once commenced the work, in conjunction with
his son, and was engaged in it from the 30th of Septem-
ber to the 30th of November, 1846, working from sixteen
to eighteen hours per day. He drew up a long report, and
prepared a plan and section, all of which he sent to the
Water Committee of the Corporation. The sum which he
charged for this work was £5 ss. per day, including every
thing. The bill was sent in at Christmas, and no objec-
tion was made to it. In February, 1847, £5O was paid on
account, and in the following October, £55 more was
paid, and then, for the first time, a complaint was made
of overcharge.
Evidence being called on, His LORDSHIP said that
there was no proof of employment by the Corporation.
Mr. Sergeant WILKINS said it was an employment
by the Town-clerk. The Corporation might undoubtedly,
if it chose, avail itself of the legal objection, but he under-
stood that it would not do so. The committee was, in
fact, a body appointed by the Council for certain pur-
poses, and after the acts of the committee had been con-
firmed by the Council, the latter body considered itself
bound by the acts of the former.
Mr. MARTIN said that the Council was willing to pay
every honourable demand which could be made upon it,
but the present demand was considered to be unjust.
After some conversation between the respective counsel
the case, by mutual consent, was referred to arbitration.
THE :NORTH AND SOUTH WALES BANK.
BROWNRIGG AND OTHERS V. REA.—The plaintiffs in
this case were Messrs. Brownrigg, Miller, and Brown,
the former being also one of the late commissioners of
Birkenhead. The defendant, Mr. Rea, was the manager
of the North and South Wales Bank, and the action was
brought to recover the sum of £2,898, alleged to be due
arising out of transactions with the bank.
On the first witness being called he failed to answer to
his name, and his evidence being material to the case, the
plaintiffs were nonsuited.