The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-08-15 00:00:00

THE LIVERPOOL STANDARD.

VICE CHANCELLOR'S COURT.—FRIDAY.
(Before Sir J. L. Knight Bruce.)
EX PARTE HIGGINSON, IN RE HIGGINSON.

The object of the petition in this case was to annul a
fiat against a bankrupt, who had consented to become
surety for debts amounting to £113,000, and for which he
had given his guarantee to the Royal Bank of Liverpool.
The debtors to the bank were Messrs. Barton, Irlam, and
Higginson, the latter partner being brother of the bank-
rupt whose petition was before the Court. From the
affidavits it appeared that the bankrupt was to have re-
ceived, as a counter-security for his guarantee in respect
of the sum of £60,000, an assignment of some ships
belonging to the Messrs. Barton and Co., as registered
owners. It was admitted that this assignment had not-
been registered. It did not appear clearly from the evi-
dence whether the Royal Bank of Liverpool bad made it
part of their terms of accepting the guarantee .of tha
petitioner that he should, if necessary, realise the security
of the ships so assigned. Messrs. Barton, Man., and
Higginson became bankrupt on the 13th of November,
1847, in conFequence of their non-payment of the amount
due to the Royal Bank of Liverpool. In July last a fiat
was issued against the petitioner, who had previously
taken proceedings in equity for the purpose of restrain-
ing the Royal Bank from making him a bankrupt, under
the Bth section of the Ist and 21 Viet., c. 110. An ex
parte injunction for this purposehad been granted by the
Vice Chancellor of England. A-motion to dissolve it had
been refused. The Lord Chancellor, on appeal,. had.
however, dissolved it. It was contended, in support of
the petition, that the Royal Bank of Liverpool ought not
to have made Messrs. Barton, Hain, and Higginson
bankrupts without giving notice to the present petitioner
(their security), so as to enable him by registering the
assignment to prevent the ships, which were the subject
of it, passing to the assignees of Messrs. Barton and Co.,
t.le reputed owners ; and that by neglec ting to give such
notice, they had, contrary to equity, withdrawn from the
petitioner his counter-security, and then made him a
bankrupt in respect of his own guarantee. It was. also
argued, first, that the Ist and 2d Vict., c. 110, sec. 8, was
substantially repealed by the sth and Gth Vict., c. 122,
sect. 11 ; End, secondly, that under the second act the
public officer of the bank could not make the requisite
affidavit of debt.

His Honour thought the grounds mentioned for annul-
ing the fiat were-moral merely, but not amounting to
equitable grounds. The objections in point of law must
and could be only decided by an action, and he ordered
the case to stand over until that had taken place.

Father Mathew has accepted an invitation to a soiree
in Liverpool, previous to his embarkation for America.
The Royal Colosseum is, it is said, about to be removed
from London to Birkenhead.
The new landing-stage will be removed 100 yards fur-
ther north at noon to-day.
The committee appointed by the Liverpool shareholders
in the Dutch Rhenish Railway, have recommended a me-
dium course between that pursued by Mr. Reid and that
of the Liverpool deputation.
FIRST FRUITS OF THE " PIKE."— A correspondent of
the Mercury states that the claims made by Capt. Francis
against the Corporation, for gauging the water at Riving-
ton Pike, is something like three thousand pounds!!
A very beautiful aurora borealis appeared in the neigh-
bourhood of Liverpool, on Tuesday night, between twelve
and one o'clock ; and several shooting stars were also seen
by the persons who observed the aurora.
ARTILLERY BARRACKS AT LIVERPOOL.—The Board
of Ordnance have ordered sheds to be erected at Liverpool,
at an expense of £4OO, for the permanent accommodation
of an entire company of the Royal Artillery.
On Wednesday, Jane Farin, a child two weeks old,
daughter of parents living in a street at the north end of
the town, died suddenly. The cause of death was suffo-
cation, supposed to be from being overlain.
Among the party of insurgent leaders who appeared
near the Silver Mines, Ireland, was a General Mack-
manes, who comes from Liverpool, and for whose arrest
the authorities are very solicitous.
On Tuesday, John Hayes, an apprentice on board the
ship Ann, lying in the Canning Dock, was leaving his
vessel, when he fell from the stage into the dock, and
struck his head against some steps. He died about three
hours after the accident.

On Thursday morning a phaeton, belonging to Mr.
Thomas, of the Stork Hotel, was so injured, by coming
in contact with the opposition omnibus to the Old Swan,
that the horse took fright, and ran at a rapid pace down
Manchester-street, and up St. John's-lane. Happily,
the only injury was the smashing of the vehicle.

NORTH AMiRICAN MAILS.—The steam-ship Britannia,
Captain Lang, sailed from Liverpool on Saturday after-
noon for Halifax and Boston with the usual mails and a
large number of passengers. The homeward mails by the
steam-ship Hibernia, Captain Shannon, which would
leave New York on the 2nd and Halifax on the sth inst.,
are now due.

NEW PATENT.—In the list of patents granted in July
is the name of Charles Purnell, of Liverpool, dock-master,
who has taken out protection for certain improved appa-
ratus to be applied to timber-loaded and other vessels
laden with materials, the specific gravity of which is
lighter than water—preventing the necessity of abandoning
them at sea, by ridding them of the superincumbent water,
and enabling them thereby to carry sail.
At the Wesleyan Conference a letter was read from
Mr. Michael Ashton, of Liverpool, stating that, on ac-
count of his health, he was under the necessity of resign-
ing his office as one of the treasurers of the Contingent
Fund. Dr. Beaumont paid a well-merited tribute of
praise to the services which Mr. Ashton had so long ren-
dered, and considered him, in every way, worthy of the
warmest affection of the Conference.

FIRES.—Early on Saturday morning, a fire broke out
on the premises of Mr. Kelly, ship bread-baker, Liver-
street, which did about £lOO worth of damage.—On Sa-
turday night a fire broke out in a warehouse in Blundell-
street, sub-let to various tenants. Only the part occupied
by Mr. Tyrer as a cooperage sustained any very serious
damage. The exertions of the police are spoken of in
high terms by Mr. Tyrer, Mr. S.' Abbot, cabinet-maker,
and other occupiers of the premises.
REVIEW OF THE TROOPS.—On Wednesday, the vari-
ous troops encamped at Everton, were reviewed by Major
General Sir William Warre. Tbey consisted of the 81st
and 46th regiments, and one troop of the fourth dragoons.
There was also a battery of artillery. The troops were
put through a variety of military exercises, in which they
acquitted themselves to the satisfaction of the Major
General, who expressed himself well satisfied with their
general discipline and efficiency. A great number of per-
sons were on the ground. _

We are glad to perceive that the yachts of the Royal
Mersey Yacht Club have been highly successful at the late
regattas in Ireland. The Bacchante, 80 tons, H. L. Jones,
Esq., won the 100 guinea prize given by her Alajesty at
the Kingstown regatta. The Drift, 55 tons, won the
Railway prize of 40 guineas, and the Enigma, 25 tons, E.
Rodgett, Esq., won another prize. The Drift and-Enigma
also won at Belfast. There are now belonging to the
Royal Mersey Yacht Club some of the finest yachts in the
kingdom, and we cannot but consider that the promotion
of the scientific art of yacht sailing fostered by this club
is a credit to the town.
BIRKENHEAD POOR RATES.—THE LIVERPOOL COR-
PORATION SUMMONED.—On Thursday the Corporation
of Liverpool were summoned before Sir Edward Cust and
J. S. Jackson, Esq., for non-payment of poor rates due
on the Birkenhead Ferry and the adjacent premises. The
ferry, hotel, and premises had been rated at £1202, which
amount was objected to in consequence of the hotel being
unoccupied. The Corporation offered to pay on the value
of £6OO for the ferry, and £lOO for the tap and stables.
They were also willing to pay after the rate of £3OO for
the hotel when occupied. Sir Edward Cust said he
thought the offer of the Corporation fair and handsome,
and the overseers acquiescing in this view, the rate was
reduced accordingly.
SUNDAY SCHOOL INSTITUTE.—A meeting of the mem-
bers of this valuable institution took place. at the rooms
in Mount-pleasant, on Friday evening last, for the pur-
pose of forming a discussion class. Between thirty and
forty of the members attended, and the business was gone
through with much satisfaction to the meeting. A few
rules were suggested and passed for the future guidance of
the class, and a committee elected to carry out the resolu-
tions. A somewhat lengthy conversation took place as to
the appointment of the president, it being deemed a mat-
ter of vital consequence to the prosperity of the class.
Mr. C. R. Hall was ultimately chosen by a considerable
majority. Mr. Joseph Hammond was afterwards elected
secretary.
_ _

MR. GRAHAM, THE TRAGEDIAN.—The benefit of this
accomplished actor comes off to-morrow, Wednesday,
evening, when we have no doubt, from Mr. Graham's
talent and the rich bill of fare he has published, that he
will have a crowded house. Mr. Graham's efforts during
the last fortnight have drawn enthusiastic applause from
delighted audiences at theßoyal Amphitheatre. Last week
he played as Leontes, in the "Winter's Tale," and
Hamlet. In both characters he appeared to great advan-
tage. In the latter performance, which certainly calls
forth all the powers of the best actors, he was very effective
in the closet scene with his mother, in which he was " to
speak daggers but use none." It was throughout an ex-
cellent piece of acting. His soliloquies, in which the play
so much abounds, were also well, and even elegantly
delivered.

TROOPS AT EVERTON.—We have seen, with considera-
ble surprise, the announcement of the formation of a camp
at Everton. Our youthful feelings have experienced a
severe shock from this startling intelligence. Everton is
associated in our minds with every thing sweet, and we
shudder at the possibility of the toffee districts being pro-
claimed. There has been a rumour of a rising among the
hard-bake population, and five hundred bullets (disguised
as brandy-balls) have been seized by the police, as well as
a million squibs, which, upon having the outer coating
sucked off them, turned out to be made of explosive ma-
terials. Something has been said about drilling in this
quarter, and the formation of squares ; but we have ascer-
tained that the formation of squares is a very harmless
practice with reference to hard-bake, to which the process
has been limited.—Punch.
CIIINESE WORLD IN MINIATURE.—We are glad to find
that the interesting and instructive exhibition at present
on view on the site of the Old Islington Market is pa-
tronised as it ought to be by our intelligent townspeople.
The enterprising collector deserves such encouragement.
After years of patient study, he has gathered thousands of
objects illustrative of Chinese life and manners, all of
which, from the colossal figures of the Chinese idols, 11
feet high, to the minutest specimens of natural history, are
well worthy of frequent inspection. An extraordinary in-
sight is obtained into the mental and moral qualities of the
Chinese, as every thing in their moving and living world is
heredisplayed "allthe same as old Canton." Every visit has
only increased our wish to go again, and, as the collection
deserves painstaking investigation, we recommend all par-
ties who wish to investigate its wonders and gather suitable
information on the subject to possess themselves of season
tickets. We feel persuaded that no one who does so will
be sorry for our hint when Mr. Langdon removes his won-
derful exhibition.

EQUITABLE RATES.—In consequence of the rejection,
by the Town Council, of the proposal of their own com-
mittee on the question of rates, to assess all the Corpo-
rate and Dock property within the parish, a meeting was
held on Wednesday, of the Equitable Rating Committee
appointed by the last annual Vestry, when it was resolved
to adopt means for obtaining a fuller and more deliberate
decision of the Council on the two points separately, and
also for inducing the parochial authorities to convene a
Special General Vestry of the parishioners on the subject.

NEW TELEGRAPH.—The model of a new system of
telegraphic communication was exhibited on Friday in the
Liverpool Underwriters'-rooms. The apparatus and the
principle upon which the systeM is based are each ex-
tremely simple ; the former consisting of gutta percha
tubes containing water, which water, when raised at one
end of the tube by pressure applied at the opposite ter-
minus, signifies various given signals, according to its
greater or lesser elevation. Practical experience would
demonstrate, we believe, however, that gutta percha is a
substance much too liable to cuntraCtion or expansion
from the state of the atmosphere; and the same objection
applies equally to the water enclosed therein. _ _

RATES OF KIRKDALE TOWNSHIP.—A memorial from
the ratepayers of Kirkdale has been sent to the Town
Council, complaining of the heavy local rates laid upon
the township,.and earnestly calling the attention of the
Council to the actual necessity of affording- the township
some alleviation in at least two of the rates, the paving and
the general rates. The memorialists suggest the practi-
cability "of extending over a period of two years the rates
now laid for one, as they feel persuaded that this would
be sufficient, underjudicious and economical management,
to meet tae exigencies of the township for that period. and
would also tend very materially to check the disastrous
consequences which have been mentioned as already de-
veloping themselves."

THE CAMP AT EVERTON.—The camp not only remains
at Everton, but it has this week received a numerous acces-
sion to its occupants. The 46th regiment, which replaced
the 9th, numbers about 800, and to these have been re
cently added three companies of the 81st. two com-
panies of dragoons, and a strong force of artillery. In
all, there are at present stationed in this neighbourhood
something more than 1,000 men, and it is expected that
the whole of the 81st regiment will pitch their tents with
the 46th. The presence of so considerable a body of
military has, of course, given full confidence to the molt
timid of the inhabitants, and set at rest whatever appre-
hensions might have been entertained of the insurrec-
tionary animus of a portion of the Irish population ;
while,on the other hand, it has furnished the desideratum
of a novel sight to all those who disbelieved in the dan-
ger, and still question the propriety of the recourse to
such a defence. The district around the fields at Everton
swarms each day with visitors.
AFFRAY WITH THE POLICE AT WEST DERBY.—We
iegret to state that. on Monday, a vtry serious assault
was committed on the county constabulary at West Derby.
The facts, as far as we have been able to glean, are as
follows :—A benefit society, bearing the name of " The
Women's Club," held its annual festival on Monday, at
one of the inns in the village, and the jovial guests did
not separate till " the wee short hour ayont the 'twal."
Seveaal, of course, were intoxicated, and their uproari-
ousness led to interference by the police. The constables
were attacked and severely beaten, and one of the force so
much injured that he has since been confined to bed
seriously ill. Five persons, Wm. Gore, Thomas Case,
John Gore, James Forbes, and Joseph Thompson, were
subsequently arrested •, and, with the exception of the
former, for whom bail has been accepted, now lie in Kirk-
dale gaol to answer for the offence. There is said to be
evidence to prove that the attack on the police was pre.
meditated. The prisoners have already undergone one
examination before the county magistrates here, and we
learn that they will be again brought up to-day.
A MAN SUFFOCATED.—On Friday morning, Thomas
Perry, in the employ of Mr. Rose, the contractor for re-
moving night soil, was suffocated whilst in the act of
clearing a place in a court in Blenheim-street. It.is pre-
sumed that, by agitating the mass of decomposed matter
which filled the tunnel, a quantity of gas had been sud-
denly evolved, by which the poor fellow's life was destroyed.
He was a native of Liverpool, 46 years of age, and has
left a widow and seven children, the youngest of whom
is only three months old. 'I he tenants 'of the adjacent
houses, who have only access to the offices connected
with the ash-pit, by a covered passage, state that they are
frequently conmpelled to quit the houses, owing to the
intolerable stench which proceeds from the place, and
have never been free from sickness since they resided there,
but do not know where they would be better among
houses of that class. In another tunnel, in a different
neighbourhood, six of the nightmen attempted, on the
three last nights, to enter for the purpose of cleansing,
but were unable to proceed, three of them having been
taken out in a state of insensibility.

THE BRAZILIAN FRIGATE " Ar.roNso.."—This fine
vessel made her trial trip on Tuesday. She was got out
of the dock about five o'clock in the morning. At that
time Admiral Grenfell, and the officers and crew, together
with the splendid brass band belonging to Mr. Hick, were
on board. She sailed out as far as the Black Rock and
back, and then waited to take on board a number of ladies
and gentlemen. This done, the engines were set to work,
and she made a beautiful start at about half-past seven.
She sailed away along the Welsh coast, within a short dis-
tance of Holyhead, occasionally firing her 64-pound guns,
and the band playing some beautiful overtures, also seve-
ral sets of quadrilles, waltzes, and polkas, to which a
number of the ladies and gentlemen on board kept good
time in the merry dance. In this pleasing manner the
day was spent, the vessel being brought into the river
again about eight o'clock at night, when all the visitors
went on shore, highly gratified with the treat they had had
on board, and expressing their very great satisfaction with
the working of the engines in every respect. The band
and a number of friends repaired to the Brunswick Hotel
to partake of refreshments, where the evening was spent
in conviviality. The healths of Admiral Grenfell and his
family, the officers, Mr. Hick, &c., and prosperity to the
vessel, were drunk and responded to by the parties pre-
sent, when all returned to their respective homes, very
much pleased with the day's amusement.
_ _ _

WIIICH TESTIMONY IS TRUE ?—ln the letter from
Ireland by Mr. Whitty, published in the Journal of Sa-
turday week, the writer says—" Many dreaded rebellion,
but, with the exception of the aristocracy and the Orange-
men, all wished the experiment, if made, successful." A
few lines further on, the same writer states—" Contrary
to the general opinion, the initiated contemplate com-
mencing in the north, and reckon confidently on a great
accession of Orangemen"—the very men who, according
to his previous declaration, hoped the outbreak would be
unsuccessful ! So much for this witness. As we have
thus alluded to this noble body of men, we may as well
give the evidence of the London Times in their favour—a
paper which until very recently never alluded to them
but in terms of anything but a complimentary character.
That journal says—" Of course there is a quiet strength
and an immense strength on the side of loyalty in Ireland.
There is a well-disciplined and well-appointed army of
45,000 men, including 10,000 police, worth twice the
amount of those very miscellaneous, ill-trained, and ill-
officered forces we had in 1798. There are also a million
and a half of Orangemen, as superior to the Cells in per-
sonal courage and strength as they are in loyalty and
INTELLIGENCE. Every Englishman who has had the
opportunity of comparing the two classes, is persuaded
that these million and a half arc more than a match for
the six or seven millions who claim to monopolise the
Irish title and soil."
MANSLAUGHTER—CAUTION TO DRIVERS.-011 Mon-
day a child named Sarah M'Cluskey, daughter of parents
living in a court off Edmund-street, died at the Northern
Hospital, in consequence of being run over by a horse and
cart. The deceased was crossing Edmund-street when a
cart, driven by a lad named Cornelius Jones, was coming
along the street at a furious rate. Several passers by see-
ing the danger likely to arise to the deceased called out to
the driver, but he took no notice. The horse ran against
her, knocked her down, and the near wheel went over her
body. She died about three hours afterwards at the hos-
pital. Jones was taken into custody at the time of the
occurrence. The cart belonged to an Irishman named
WlCenna, who said he had engaged Jones to drive ; he did
not know that he was to pay him anything, but to such
boys were usually paid ls. 4d. per day, while men received
21s. per week. The coroner remarked that the occurrence
might, in fairness, be brought home to the owner of the
cart, who had, for the sake of economy, entrusted the
sole charge of the cart to a mere boy. It was a disgrace
to all large towns, and particularly to Liverpool, to per-
mit such boys to drive vehicles through the streets. The
jury returned a verdict of manslaughter against Jones, but
expressed their belief that the owner of the horse and cart,
M'Kenna, was absolutely more culpable than the unfor-
tunate prisoner, for having allowed the boy to drive. They
fully agreed with the Coroner as to the criminality of those
persons who engaged boys as drivers. Jones was committed
for trial at the assizes, and as he was leaving the court, he
burst into tears, and earnestly called upon his mother to
protect him. His wretched mother, who sat at the back
of the court, sobbed bitterly, and wrung her bands appa-
rently in an agony of despair. "Oh ! mother, mother,"
cried the boy, " will you take me home ?" "Oh ! my
son, my son," exclaimed the sorrowful mother, " are we
never to meet again ?"

PREPARATIONS TO MEET THE CHOLERA.—A meeting
of the Health Committee was held on Thursday, at which
there were present nine members—six being absent. Mr.
Tinne presided. It appeared that 725 orders had been
issued for the emptying of ashpits. During the week 1661
loads of soil had been carted away. 36 nuisances had been
inspected, and measures taken to remove them. 129
notices had been served for the draining of filthy and un-
wholesome cellars. A conversation took place on the
subject of providing public urinals and cabinets d'aisance,
the deficiency of these conveniences, especially in the
neighbourhood of the markets, being much complained of.
Referred to the engineer. It was reported that 3000 dead
dogs had been taken out of the pits in Toxteth-park, and
a sub-committee, consisting of Messrs. Harbord, Earle,
and Walthew was appointed to report on the state of the
pits in the neighbourhood, with a view of getting them
filled up. An important letter was read from Dr. Duncan,
the medical officer of health, on the precautions desirable
to avert cholera from Liverpool. He first alludes to the
predisposing causes—impure air moisture—and urges
court and cellar drainage, filling up the stagment of pools,
and an ample supply of water. He states that within the
last few months nearly 2,000 filthy houses have been
cleansed, thJough the committee, and points out several
nuisances that still remain to be removed. As to mea-
sures of alleviation, should the cholera unfortunately ap-
pear, he recommends an addition to the parochial medical
staff, and to the dispensaries, so that relief might be given
in the early stages of the disease ; secondly, the providing
of hospitals in different quarters for the destitute. lie
states that it is the generalopinion of the medical profession
that the disease is not contagious. He thought the public
should be made aware of this by placards. A series of
stringent resolutions for the carrying out of all the recom-
mendations were adopted, and copies were ordered ta be
sent to the Select Vestry, the Water Committee, aud the
Dispensaries.

CORRESPONDENCE.
THE ALFONSO STEAM FRIGATE.

TO THE EDITOR OF THE LIVERPOOL STANDARD.

SlR,—Were it not for the high repute and large circu-
lation of your paper I should not trouble you, but having
had a paragraph headed " The Brazilian Frigate Alfonso"
put before me, containing much untruth, I have to re-
quest you will give it immediate contradiction. Ist. The
engines are 300 horses' power. 2nd. I had the honour to
be the designer and contractor of 11. M. steam frigate
Fury's engines, and was also the contractor and designer
of the Alfonso's, as well as the sole inventor of the im-
mense wrought iron framing. Yours, &c.
JOHN RIGBY.
P. S. I beg to observe the machinery of the Fury was
executed by me at these works. J. R.
Hawarden Iron Works, Flintshire,
August 13, 1848.
[We have only to say that we think Mr. Rigby might
have conveyed his corrections of our slight errors in a
little more courteous language. In such reports as our
correspondent alludes to, we can have no object beyond
making them as accurate as possible.]

THE NEW ORGAN AT ST. PAUL'S, PRINCE'S-

PARK.

TO THE EDITOR OF TIIE LIVERPOOL STANDARD.
Stn.,—ln the Liverpool Mail of Saturday last, a short
paragraph announced the opening of the above instrument,
in which, through an unaccountable mistake. I ant styled
the organist of Or, church. I consider it due to Mr. W.
H. Buck, the recently-appointed organist, to state that
such is not the tact, having merely consented to preside
at the opening by desire of the Rev. Dr. Al`Neile and
other gentlemen connected with the church.
I am, Sir, yours faithfully.
W. T. BEST.
23, West Derby-street, August 14,1848.

THE MILITARY AT EVERTON.

TO THE EDITOR OF THE LIVERPOOL STANDARD

Sir,—l beg, through the medium of your valuable jour-
nal, to call the attention of the authorities to the annoy-
ance caused by the military being stationed at Ever-
ton, without proper precautions being taken to prevent
such large assemblies gathering about them. On Sun-
day last, coming from church in the morning through
Everton, I found people not only exposing fruit. cakes,
&c. for sale, but also crying them. These, with men with
tables with nuts, &c. should be at once put down, espe-
cially on the Sabbath. I would also particularly recom-
mend that no person be allowed in the field where the
military are stationed, as this would materially assist in
suppressing the assembly of such characters as now fre-
quent the place, and which is becoming so detrimental to
property at Everton.

AN EYE WITNESS.