The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1845-04-08 00:00:00

NISI_PRIUS COURT.-TUESDAY,

DOE DEM. WILLIAMS AND OTHERS v. RAEFERTT.—
n action of ejectment to recover possession of some
-emises in Liverpool, was arranged between the parties.
-The next case, WILKINSON v. HOLT, was an action to

- - , •
recover damages for an alleged breach of promise of mar-
riage; but the plaintiff's counsel stated that it had been
agreed to take a verdict for £6O, and the defendant's
counsel said that, although the promise had been broken,
there was not the slightest imputation upon the conduct
of the young lady. No christian names or localities were
mentioned.—ln BROWN, ADMINISTRATOR V. UNS-
WORTH, an action in Troyer to recover the value of some
bay, a juror was withdrawn.—ln LANCASTER V. HART-
LEY. an action to recover some money lent to the defen-
dant, and involving disputed payments and much con-
flicting testimony, the jury found for the plaintiff, da-
mages £l4B ls. 10d:

SANDERSON v. M'DONNELL.—An action brought by
David Sanderson. journeyman cabinet-maker, of Bury,
against Patrick M'Donnell, master cabinet-maker, of
Manchester, for a trespass, assault, and false imprison-
ment. The allegation was, that the plaintiff went to the
defendant's shop to assist a journeyman of the name of
Firth to remove his tools, and that the defendant shook
him by the collar, and had him conveyed to the lock-up,
at Chorlton-upon-Medlock, where he remained six hours,
and that when the case came before the magistrates the
following morning, the defendant admitted that he had
no charge to make against him. The jury gave the plain-
tiff a farthing damages.

CROWN COURT.-WEDNESDAY

David Nightingale was found guilty of the manslaugh-
ter of Robert Jones, at Barton-upon- Irwell, in February
last.—James Haworth and William Sladen, indicted for
the same offence were acquitted.
William Jones (19), was indicted for the murder, at
Liverpool, of Richard Fairclough, police-officer, by
striking him on the head with a poker. The particulars
appeared in this paper at the time. The jury found the
prisoner guilty of manslaughter of a most aggravated cha-
racter, and he was sentenced to transportation for life.

NISI PRIUS COURT.—WEDNESDAY.
PALEY, JUN. v. KNOWLES.—This action was brought
by Mr. John Paley, manufacturer, Preston, for the loss
occasioned by the submersion of twenty-two bales of Or-
leans cotton in sea water. The defendant was Mr. John
Knowles, of the same town. In August last, the flat
Mona's Isle, which contained the cotton in question.
came in contact with the flat Speakman, owned by the
defendant, and, in consequence, the former flat was run
on Crosby shore, when a considerable quantity of water
rushed into the hold, and damaged the cotton. The plain-
tiff's witnesses said that the captain of the Speakman
might have avoided the collision if he had used due dili-
gence, whilst, on the other hand, the captain himself said
he had done all in his power to avoid it. The Judge told
the jury the question was purely one of damages, if they
should be of opinion that the crew of the Speakman were
employed by, and were the servants of, the defendant.
The jury gave the plaintiff £4O damages.
ATKINSON AND OTHERS v. FORSTER.—This was an
action upon a charter party. The plaintiffs are Messrs.
Atkinson and Co., merchants, London and Quebec, and
the defendant is Mrs. Ann Forster, a lady residing at Sun-
derland, and owner of a vessel called the Theodore. The
plaintiffs were desirous of sending a cargo of timber from
Quebec to Troon, in Scotland ; and, on the 16th August
la,t, they employed Mr. John Ballantyne, of this town, to
charter a ship for that purpose. On the following day the
con`ract was completed, and Mr. Alcock, the defendant's
agent, called upon Mr. Ballantyne, by whose directions
he wrote to Captain Cole, master of the Theodore, then
on her voyage to Quebec, addressing the letter to him at
the Post-office in that city, informing him he had char-
tered his ship for Troon, and desiring him to call upon
Atkinson, Osborne, and Co. The letter which advised
Messrs. Atkinson and Co. of the charter-party being
effected, arrived in Quebec in September, soon after the
Theodore; and the depositions of a clerk in their house
were read, showing that they applied to Captain Cole to
take the cargo on board his vessel, according to the in-
telligence they had received of the charter being effected.
The captain, however, positively refused, unless he had
instructions from his owner, which he stated he had not
received; and he took on board another cargo for Hull at
415., whilst the one engaged for Troon was at 395. On
the part of the defendant a very different case was stated.
Captain Cole, the principal witness, said the very day he
received the letter apprising him of the charter being ef-
fected, he called on Messrs. Atkinson, Osborne, and Co.
respecting the loading. He saw one of the partners, who
referred to a letter he held in his hand, which he said he
had just received, stating that the cargo originally intend-
ed to be sent by the Theodore would be sent by some
other ship; and he recommended him to seek for freight
elsewhere. He believed the name of the substituted ship
was the Columbia, and a cargo of timber was sent by her
to Ardrossan. Captain Cole afterwards obtained a freight
for Hull, and he informed Messrs. Osborne, Atkinson,
and Co. of it, who advised him by all means to take it
without waiting for them. He did not, however, make a
protest. He should have preferred going to Troon, al-
though the rate of freight to that place was lower than to
Hull. because the port charges were much higher at the
latter than at the former place, and he could more easily
obtain a cargo of coals for the Mediterranean. An objec-
tion to the reception of Captain Cole's evidence, on the
ground that he was interested in the result of the action,
being a part owner of the vessel, was overruled by the
learned Judge. Mr. Charles Ross, a part shipowner,
confirmed the captain's statement that freight from Que-
bec to Troon at 395. was more advantageous to the owner
than 41s. to Hull, owing to the difference in port charges.
Mr. Willis, a shipowner at Liverpool, gai+e similar testi-
mony as to the superiority in this respect of Troon over
Hull. Mr. Alcock, also a shipowner and insurance broker
at Liverpool, stated the same.
Mr. MARTIN, in his reply for the plaintiff, ridiculed
the idea of Troon offering superior advantages in any re-
spect to the port of Hull ; and he imputed falsehood to
Captain Cole. _

The Learned JUDGE, in his summing up. said the ques-
tion was one of credit between the plaintiff's clerk an the
one side, and the Captain of the Theodore on the other.
The jury returned a verdict for the defendant.