The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-03-14 00:00:00

ers clomb--
e recoil of love
T. Westland Marston

s arnDl

raan heart :
u
a Common home! "
P. B. Shelley

LITERARY NOTICES

_---

er's Magazine. Be

le Assemb

Sportsman• Rogerson,

as a resume' of all the lead-
that have appeared during

'in agriculture, rendering the magazine to the
and inf
"a va work for reference
Mr,
by or.
- the planting of forest trees,
Mr. Cuthbert Johnson, on
tonna
,tit to be much read. In the Belle,
Wilson continues her tale entitled
received last month's
of the
we can give no opinion
int from what we have read we think

s, as usual , cc
ence and arti

Am article

luable

4 a paper by

rtiesro
1 Baroi

English abroad

per of this publicai

A baying

awe tee quantity of " English abroad" were given at
4, and some of the melancholy sentimentalities left ou.t,
readers of the Belle would be still more satisfied with !t.
Amongst the best of the contents are—" Romance of His-
tory," "Asia Minor," "A Chapter from the Life of a mo-
dern Poet," " The Unfinished Duel," a beautiful engraving
by Mote, after Bexall, embellishes the number, which con-

tains also a variety of news, &c. In the reviews, we see that
Titian, Dr. Mackenzie's new work, is favourably noticed. In
The SportBman are several good things. An article on the
4, steed Horses of the Season," by Castor,
will prose inter-
esting to the sporting man, and afford him information.
Most of the contents of The Sportsman are " continuations,"
the former portions of which we not having seen cannot re-
commend -
to notice. We may here remark that it operate
very much to the detriment of a magazine in a reviewers
hands, when not sent regularly, as he is unable to draw
attention to articles which appear of interest from being un-
acquainted with the preceding portions. Two good engravings
illustrate the number.

The Englishman, and Magazine for the Yoaung• Buns

London

Two cheap pablicatiuns, full of good readable matter,
abounding with information and sound sense. From the
former we copy the following account of a curious charity,
which exists in our neighbourhood:_

unrrN-.
'' SINGULAR CFI
" Cow Charity, BebbingAt
" *ahem Hulme, of Poulton, A.D.° '1 620, Cheshire.
gave three cows
to be disposed of by the minister and churchwardens, to the
poorest and godliest parishioners, at eight groats a year,h and
this hire to be employed for the increase of cows.
Christopher Smallshall gave three cows for the same pur-
pose, A.D. 1625, and John Briscow, of Poulton, gave- ./.:2 10s.
for the buying of a parish cow A. D. 1661.
" These extracts from the table of benefactions in the parish
church are the only record of the foundation of a
which has been of much service to the industrious poor. Any'
account-book produced by the rector, and extending back as
far as 1692, contains regular entries of the names of persons
who have received the benefit of the charity. At that time
their number was twenty-nine ; in 1744, thiry-one ; in 1760,
twenty-two; in 1780, sixteen; in 1800, ten; and in 1830 it
was reduced to 5 ; in 1835 it bad risen to eightthe use of his
" Each individual contributes ss. a year for
cow, and these contributions, with occasional additions from
small fines imposed by the magistrates, are the only sources
of income to the charity. On the 25th of April in every year
inspection of the rector and
In is required to find security
......,.. Jeing paid to the cow with
Each cow is branded on one born
.
-"h and ou the otber with 1

are exhibited for tt

churchwardens, and e

for proper care

Id at"'

which he is entrustea

al letter of the r

Punch

Punch's Pencillings are alone worth the price of the parts.
That entitled " The Fancy Ball," is capital. The fun and
--v. month by month, seems

and truths, unpleasant I
. . __ I

ggery of the jesters

0., London

novirle

of it, continued : " I

,t ran tbron

war with art." A murmur of
and their leader, taking advantag
be proud that we have Titian for our
added, " you must excuse the blunc
hither, and may proceed on your journey when you pi
While Venice is proud of your repute and skill—while
name rings throughout Italy—it shall not be said the
could do you injustice. Whatever property of yours we ha
I
unchts shall be restored. Say I
..well, my men ?"
er. The band]
. • •

declared their approoation
expressed his gratitude, re

purse might be shared smut)

deem the empe

will have it so ; but here Is
Not a word of than

of us bane hear

g, withot

Miny of us have

pect they are mistaken, and that if it is proved distinctly
that a machine of the same kind was in existence, and was in
public use ; that is, if use, or if trials, had been made of it in
the eye and in the presence of the public, it is not necessary
that it should come down to the time when the patent was
granted. If it was discontinued, still that is sufficient evi-
.

aence in support of the prior use so as to invalidate the let-
ters patent. If it is discontinued, provided it has been once
in public use, and the recollection of it has not been altoge-
ther lost—if it has been once publicly used, it will be suffi-
cient to invalidate the letters patent, although the use may
be discontinued at the time when the letters patent were
granted. Now, my lords, I apprehend that this is the law,
and the known law, upon the subject in this country. I never
heard it before questioned that the notorious public use of
the invention before the granting of letters patent, though it
may have been discontinued, is sufficient to invalidate the
letters patent. Then, my lord, the remaining question for
consideration is this, and it is an important one, whether, if
the learned judge laid down the law incorrectly to the jury
this was calculated to mislead the jury. (His lordship then
explains hew it was calculated to mislead, and says)—There-
fore, it is perfectly obvious that, if the learned judge be in-
correct in the manner in which he stated the law, in the par-
ticular in which I have stated, it was calculated to mislead

the jury. Under these circumstances, my lords, I shoulc
recommend your lordships to allow the 11th exception, anc
to disallow all the rest.

Lord BROUGRAM.—My Lords, I entirely agree in the view
taken, and for the reasons so luminously expressed by my
noble and learned friend on the Woolsack, that the excep-
tions, all but the eleventh, were properly disallowed by the
court before whom the bill was brought, and that your lord-
ship should disallow these exceptions here, affirming the
judgment below; but I also entirly concur with my noble
and learned friend, that we have no choice here but to allow
the eleventh exception. If we are of opinion, first, that the
law has been mistaken, and under a misapoiehension of it,
it has been erroneously delivered by the judge to the jury ;
and if we are, secondly, of opinion that the misdirection in
point of law, the mistake in point of law, committed by the
learned judge had a direct tendency—l may almost say an
inevitable tendency—to mislead the jury in the conclusion to
which they should come, and in the verdict which they should
deliver; then, my lords, both of these questions being an-
swered in the affirmative, that the law was mistaken, and that
the mistake tended to mislead the jury in their verdict, we
have no choice, but must allow the exception. Now, my
lords, a more important mistake in point of law, your lord-
ships will give me leave to say, could not possibly have been
made by the learned judge than that into which the learned
judge fell upon the present occasion. And I will not allow
it to be said for one moment, in dealing with this question,
that there is anything doubtful, that there is anything specu-
lative, that there is any new law to be laid down, or even any
_ _

new topics in respect of the law about to be broached here,
in dealing with the direction of the learned judge; for I
speak with all possible respect for that learned judge's
and experience in his profession in Scotland
vben I say, that this law, which has been mistaken here by
its lordship, is a matter of as perfect certainty as thoroughly
-wn, and as little drawn into doubt in Westminster Hall,

where the law is administered touching the construction of the
statute of James, thit patent act, as any one branch of the law
most commonly known and most frequently administered by
our courts. It is one of the greatest errors that can be com-
mitted, in point of law, to say that, with respect to such an
invention as that, it signifies one rush whether it was com-
pletely abandoned, or whether it was continued to be used
down to the very date of the teste of the patent, provided it
was invented and publicly used at the time, twenty or thirty,
or as, in this case, forty years ago, it is perfectly immaterial.
There being in my apprehension no kind of doubt that the
jury would say, " Why should we consider whether it was
used at the Bradley Works or not ? Why should we consider
whether it was a trial or a completed invention ?" Be it so
that it was used forty years ago—be it so that it was a com-
plete invention,we hear the learned Lord Chief Justice Clerk
telling us that we need not trouble ourselves upon these facts,
for it is enough for us if it was abandoned, and that takes the
facts out of the case, and leads us to find a verdict the other
say. Upon these grounds, my lord, we have no choice in
:his application, it being a bill of exceptions ; we have no
that the law was misconceived, and mis-

saying

, it is a matter of
no doubt or hesitation with any man in this country who has
been accustomed to administer it, or I will venture to say
with any practitioner whose opinion is entitled to any weight,

,fated to the jury

The law is undeniabl

and I aimalso of opinion, that the law so laid down t-ende'a to
mislead, and must necessarily have tended to mislead the
jury. Upon these grounds I have no hesitation in support-
ing the proposition of my noble and learned friend, that the
eleventh exception must be allowed.
Lord CAMPBELL, after making some observations on other
exceptions, said, in regard to the eleventh, the only question
that remains is this, whether this misdirection shall be con-
sidered as immaterial. But, when I look at the form of the
B I cannot say that it was immaterial because the issue
whether the invention as described in the said letters pa-
and specification is the original invention of the pursuer."
; you cannot say that it was the original invention of the
uer within the meaning of the issue if it had been pub-
known and practised by others before the patent was
It has been said that there was no evidence, but I
mistake : what conclusion the jury have come
—but at the Bradley Iron Works there was
machine, as Mr. Rutherford acknowledged at the

know not

bar, as would have amounted to an infraction of the patent if
that the use of it had been subsequent to the patent. Then,
that being so, I know not what conclusion the jury might
have arrived at. Tbey might have thought that this was a
perfect machine, that it was the same machine, and that it had
been publicly used. If they had been of that opinion, al-
though it had been abandoned, they ought to have found a
verdict for the defender. Under these circumstances I regret
exceedingly that I am obliged to concur in the opinion that
has been expressed by my noble and learned friend, that this
eleventh exception must be allowed, and the consequence of
that will be, that there must be a Venive Facias De novo,
and that the case must be tried by another jury.

COURT OF CHANCERY.—A correspondent of the Times
says. that at this time there are between 40,000,000 and
50,000,000 of money in the name of the Accountant General
of the Court, a considerable portion of which is kept from
the starving and suffering suitors by the want of progress in
the Master's office.

IMPORTANT DECISION RESPECTING THE SCOTCH KIRK.
—On Friday the Lords of the Council and Session adhered

to the interlocutor of the Lord Ordinary, which rendered
and set aside the sentence of deposition pronounced by the
General Assembly on the seven brethren of Strathbogie.
And, in the Auchterarder case, their Lordships also decided
that the legal minority of the Presbytery (excluding the
quoad sacra) were bound to induct the presentee, if qualified.
OXFORD: HARDY V. STONE AND ANOTHER.—This was

an action brought by the executrix of the late Mr. Hardy,
against the administrators of Mr. Jos. Stone, to recover the
sum of £l5l Bs. 4d. with interest. Mr. Serjeant Talfourd
and Mr. W. J. Alexander conducted the plaintiff's case, and
Mr. Whateley and Mr. F. V. Lee appeared for the defend.
ants. The case was one of considerable complexity. It
principally deserves notice on account of the singular char-
acter of the evidence, which afforded a remarkable proof of
the fallibility of the usual tests of handwriting. Three wit-
nesses were called for the plaintiff, all of whom stated that
the signatures attached to two papers were in Mr. Stone's
handwriting ; but, upon their cross examination, seven or
eight counterfeit signatures, together with one genuine sig-
nature of Mr. Stone, were shown to them, and one and all
expressed their belief that the counterfeit signatures were in
Mr. Stone's handwriting,-and that the only one which was
really genuine was a counterfeit. For the defendants, on
the other band, several witnesses were examined as to the
authenticity of the signatures, and their judgment proved to
be no better than that of the plaintiff's witnesses. Mr. Ser-
jeant Talfourd animadverted on the " little-go of forgery"
which had been got up in oruer to puzzle and confound the
plaintiff's witnesses, and took occasion to mention that he
had himself been deceived into the belief that a counterfeit
frank was in his own handwriting. The learned serjeant
said that it was well known to the gentlemen by whom he
was surrounded, that a gentleman at the head of the profes-
sion—the Attorney-General—possessed in the greatest per-
fection the faculty of imitating the handwriting of another

Upon one c

Sir F. Pollock applied to him

for a frank, stating that he had exhausted his own number.
The frank was written, and in two minutes while the ink was
yet wet, Sir F. Pollock returned the letter, remarking that
the date was wrong. lie (Mr. Serjeant alfourd) took the
letter in his hand for the purpose of altering the date, re-
marking that it was strange he should make such a mistake,

when Sir Frederick urodnced the frank which he had really
written, and between which and the counterfeit frank it was
impossible to distinguish any difference. The jury, after
looking at the documents, in about five minutes returned a
verdict tut the plaintiff for the full amount claimed.

INFLUENCE OF ROYAL EXAMPLE.—In the case of an
insolvent hair-dresser, late of Regent-street, London, named
Bartlett, which was before the court on Friday, his insolvency
was attributed to the change in the fashion of wearing hair.
The insolvent said the plain bands had ruined the hair-
dressers; they had been introduced by her Majesty.•

FORGING A WILL.—At one of the London police offices
on Friday, Elizabeth Noughton, a well looking woman,
dressed in widow's weeds, was brought up on remand,
charged with forging the will of Richard Noughton, her late
husband. 'Plie circumstances of this case are of a very ex-

traordinary character. The chief witnesses for the prosecu-
tion are the father and the mother of the prisoner, who, for
some reasons which did not transpire, seem actuated by the
deepest feeling of hostility towards their daughter. Eliza-
beth Noughton, the prisoner, was the wife of Richard Nough-
ton, a dairyman, who resided in Hampshire Hog-yard,
High-street, St. Giles, and who died on the 7th of February
last, aged about 70 years. He bad been married to her for
six years previous to his demise, but left no other issue than
an illegitimate son named Richard Noughton. This young
man resided with his father, who was much attached to him,
but between the stepmother and the boy there were strong
feelings of dislike. In June, 1833, the deceased made a
will, in which, with the exception of a bequest of £2O to a
person named Exent, all his money, goods, and chattels

b to about Z-1

ally divided between the prisoner and his son

man had been for years suffering from a violent rheuma-
iffeetion. which quite enfeebled his intellects. The alle-

e-eourses in Great Britain

Seven thousand pounds is the amount of the voluntary
ries in the whole of Ireland.

Icriptions for dis

pound!

Xt Merthyr, last

offered at E

week, butter w
On Friday week a ewe sheep, the property of Mr
Widger, of West Sigford, in the parish of Islington, in this
county, dropped six fine lambs !—Exeter Flying Post.

A young woman, servant in a gentleman's family, in Lon-
don, drowned herself in the cistern on Wednesday last. Her
father said she was subject to fits of despondency.
On Monday morning last, the Red Lion Inn, at Cullomp-
ton, and thirteen other dwelling-houses and cottages adjoin-
ing, were destroyed by fire.

.. _
Three prisoners confined in Tynemouth House of Coffee-
Con contrived to escape from thence on Sunday night, and
have not yet been retaken.

On Wednesday a meeting was held, at Cork, for the pur-
pose of petitioning the Lord Lieutenant for a second assize
town in the county.

PLEA OF INSANITY.—On Monday, yesterday, the Lord
Chancellor, according to notice given by his Lordship, was
"to call the attention of the House of Lords to the subject of
the late trial of M'Naughten."

ASHBURTON ELECTION.—This election was concluded on
Wednesday, when the numbers were—Mr. Matheson, whig-
radical, 141 ; Mr. J. Horsley Palmer, conservative, 96.

Majority, 45

The Racing Calendar gives a list of 607 proprietors of race
horses, and states that the number of horses actually named
for stakes and plates in Englnnd for 1843 is 1184, exclusive
of yearlings.

'i Ji Img *ntetttt enxr

RIDAY, MAROII 10.

Wind S.S.W. moderate

ARRIVED.—IIzade, Thayer, from Charleston—Eutaw, Thompson,
and United States, Britton, trom New York—Walpole, Thomas ;
Hudson, Bates, and Rockall, from New Orleans—Severn, Cheever,
from Savannah—Ellerslie, Turner, from Valparaiso—Robert Byers,
from Curacoa—Caledonia, Girvan, from Chili—and Urgent, from
Jamaica.
SAILEL

—Ranger, M`Millan, for China—Belfast, Gaskin, for
Valparaiso—and Friends, Durkee; for Demerara.

Arkwright, Dambriel, from Valparaiso and Bahia, at this port;
sailed from Bahia 26th January. The Jamaica sailed on the 2 ,rd
for London, and the Rossendale, on the 21st for Liverpool
Oriental, from Valparaiso, at Buenos Ayres
Esk, hence at Bahia

Andes, hence at Bahia, and proceeded to Pernambuco
Ace of Trumps and Lady Mansell, hence at St. Petersburg
Wanderer, hence at Leghorn
Ceylon, hence at Havre
Isabella, Planter, and Rover, hence at Genoa
Julia, from St. Vincent, at Payal, and sailed on the 16th ultimo
for this port

Mary Campbell. sailed from Batavia for Sincapore 17th Nov.
Eiizabeth sailed from Messina for this port 17th ultimo
Irlam, which arrived yesterday from Barbadoes, experienced the
shock of the earthquake on the Bth ultimo, at 14 37 a.m. in lat. 19
33 N, long. 60 4 W
Windsor Castle. M'Clellan, from Bombay, for Liverpool, was
abandoned 4th March, (Cape Clear bearing E.S.E. distant 118
miles) with loss of masts, and leaky. Crew and passengers arrived
here in the Hudson and Berlin.

SA rURDAY, MAtton 11.—Wind S. moderate,

LIVERPOOL HAY AND POTATOE MARKET,
MARCH 13, 1843.
Potatoes golb. s. d. S. d. s. d. s. d.
Short Tops 1 2 1 3 Old Hay .... a 7@.) 19 19, 20Ib
Cups 1 3 1 ai New Hay.... 0 0 0 0 -
Pink-eyes and I• 1 9 2 0 Clover Hay.. 0 7 0 9 -
KempsClover & Grass 0 0 0 0-
Cattle
rurnips, le. ton -
Carrots 32 6 35 0 Straw, Barley 0 4 0 4i -

LIVERPOOL CATTLE MARKET, MARCH 13.
We had a moderate supply of Beasts and Sheep at this day's
market, which met with dull sale at last week's quotations. Then
were some Spanish Cattle in the market, but much inferior in qua.
lity to those of our own. Prime Beef 5d to sid ; middling am
inforior 4f d ; prime Wether Sheep 53d to 6d ; middling sd. sinking
the offal. Number of Beasts 813; Sheep 2400.

LIVERPOOL PROVISION MARKET, MARCH 13.
There has been a speculative demand for Butter since our last,
and the stock is now in very few hands. Holders are asking a
little more money, but it is slowly acceeded to. The finest article
of Belfast, Carlow, Kilkenny. may be had at Bos to 82. There is a
very limited supply of pickled Butter here, caused by the prevalency
of easterly winds ; holders in consequence ask as high a price as
Bos 82s. Provisions without alteration. Bacon improves in de-
mand, and prices fully supported.