The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-01-06 00:00:00

sooti afterwards to

of the tobacco beir

in London

its course before the magistrat

to be imprisoned six months. An application w•as made in
the prisoner's behalf to Air. Rushton to sanction such a
memorial to the board as might conduce to a mitigation of
the imprisonment. He, however, said, that tilt

'enue was

so often defrauded in this way, by unprincipled parties acting

Ist he would leave the
question of mitigation of punishment to the Excise Com-
missioners themselves, without Offering them any recom-

her gra

A JUVENILE THIEF.-At the Police-court, on Wednes-
day, a little boy, apparently of eleven or twelve years of age,
was placed at the bar, charged with having stolen a purse
Containing a considerable sum of money. The complainant,
Ann M`Kenna, an elderly widow, said she kept a coal-yard
in Shaw-street. On Monday afternoon last, she was in the
but ; and, having given change to a person who called, bad
her purse in her hand, when a customer called. The purse
contained £5, and she put it down on her seat while she
went to serve the party. The prisoner, who was occasionally
employed to wheel coals from her yard, was standing pretty
near, and must have heard her say that the money was for
her rent. On returning to the hut, after serving the cus-
tomer. she missed the prisoner, and also the purse and its
contents. She gave infor nation to her son, and did not see
the prisoner again until Tuesday night. The son, it appeared,
found the prisoner, on Tuesday; in a cellar in Truman-
street. On his being searched, only'sixpence was found upon

. .
him, but with a newsuit of clothes
first denied he took the money, but ,

that he bought a suit of clothes in Trueman-street, and that
"he had taken only £4." He also admitted that he had lent
a man named Brady, who 'keeps a table-beer cellar in True-
man-street, 255. He was given into custody ; and the con-
stable discovered that in addition to the new clothes, he had
that morning bought a donkey. which was found in Margaret-
street ! He was committed for trial. The donkey (which
cost 35.) was ordered to -be given to the poor widow, and
would be all she would receive in lieu of her money.

DANGEROUS MANNER OF THRUSTING OUT SHOP SHUT-
TERS FROM CELLARS UNDER THE PREMISES.--Ori Wed-
nesday last, Mrs. Elizabeth Coker, residing in Bold. street,
appeared in the police-court, at the instance of a Mr. Kears-
ley, who had suffered serious personal injury, from a nractice

.. -
wnich cannot be too highly reprehended-. It appears that a
fortnight ago,"Mr. Kearsley we along the footway in
80ld-street, while one of Mr
ployed in nutting' nr• .'

A passing
s. Coker

the act of 'drawing out the shurtters from beneath the windo
as is usually done by all parties in that and in-my oth

streets, in avery careless and hasty

Ir. Kearsley

, ....
to attend the court ; and as the case could not be legally su
stantiated without his evidence, the complaint was net

forms of the practice complained of, is for some one or more
persons in the cellars of shops, (who are naturally in a hurry
to get home,) thrusting the shutters, in an inclined position,

laving a person above sufficiently active
to receive them, and to warn and protect passengers,—who,
taken unawares, are often exposed to severe blows from these
projectiles. It is somewhat remarkable, that while we have
numerous clauses in our local acts for personal protection,
or annoyance, there is none that goes expressly to put down
this nightly and (from the increase of shops) growing nuisance.
The only responsibility incurred by shopkeepers is in the
event of inflicting personal injury, and even then, it appears,
and in serious cases, too, they may sometimes escape without
incurring penalty or damages. Surely this is an omission
which ought, as early as possible, to be remedied.

WAGES CLAIMED BY A MATE.—The chief-mate of the
ship Rosebury (Captain Mawbray), yesterday claimed, be-
fore Mr. Rushton, an amount of about £l2 of wages, stated
to be due to him. He said he had gone as chief-mate of the
vessel on a voyage thence to Cronstadt and back, but that
while there the captain had ordered him to go on shore on
pain of being kicked out of the ship, with other abusive
language. The complainant felt himself compelled to obey ;
and on afterwards applying to the consul, and stating his
case, was provided with a passage home. He clainied, de-
ductions being made for advances, &c., the sum stated, at
the rate of £4 a month, as per contract. He was corrobo-
rated as to the main facts by two of the seamen. A long de-
fence was attempted on behalf of the captain, who sought to
prove that the mate had deserted the ship at Cronstadt when
she was on the eve of sailing; and lie produced an entry on
the log-book signed by all the crew, and also a certificate
from the deputy-consul, which seemed at first to bear out the
allegation of desertion ; but on the case being thoroughly in-
vestigated by Mr. Rushton, it turned out the mate had been
ordered out of the ship, and threatened as stated ; that the
entry in the log-book was signed by the crew by the captain's
order, while they were in fear of similar treatment them-
selves ; and that the consul had signed the certificate merely
from seeing the entry in the logbook, which he no doubt
considered to, be genuine. It was then set up as proof of de-
sertion, that the captain, when the ship was ready for sea,
had gone on shore to search for the mate, but could not find
him. It appeared, however, from several of the men them-
selves, that the applicant was standing on the quay, at a short
distance from the ship, just before she got under weigh, in
Cronstadt Roads, and that the captain might easily have got
him on board if he had chosen—he being, moreover, quite
willing to return home in the ship. Mr. Rushton, after com-
menting on the gentlemanly and respectful conduct due by
captains to their officers, said the complainant had very pro-
perly left the ship after the treatment and order he had re-
ceived, and that the full amount of wages claimed must be
paid.

THE NEW BRIDGE ACROSS WALLASEY Poor..—The
bridge (the opening of which we noticed in our last publica-
tion) is a neat structure, crossing the pool at right angles,
and principally constructed of wood. It consists of ten arches
of 25 feet span each ; namely, a centre arch or span in the
middle of the pool, supported on two stone piers, and five
arches of wooden frame-work on the east, and four on the
west. Although plain, it presents a very neat, and even
handsome appearance, and is a great improvement to the sur-
rounding scenery. In the stone piers there are 15,000 feet
of good red freestone. Between these piers there is a clear
waterway of 25 feet wide, with a life bridge on a new con-
struction, particularly as regards the working iron-work,
which does away with the compensating part in the usual lift
bridges. This is the contrivance of Mr. Alfred Yarrow, of
Birkenhead, the engineer for 'the whole work. The bridge is
340 feet in length, by about 25 in width. In the wood-work
there are 6,000 feet of timber; and, in the whole bridge, about
50 ons of iron have been used. There is a footpath on each
side, somewhat similar to those on our dock-gate bridges,
and the whole is protected by a neat wooden railing. The
new road leading from the bridge towards the south-west or
the direction thence to Oxton, is about three-quarter of a
mile in length ; the distance to Bidstone being, from the
bridge, a mile and a quarter. The new road terminates at a
small public-house on the high road from Birkenhead to
Bidstone, but is to be carried through to Oxton and other
neighbouring localities. This is a capital macadamized road,
with a footpath on each side. There is a handsome lodge and
gate at the Poulton end of the bridge. The structure was
commenced so recently as the 28th of June last, and is now
completed,' to the entire satisfaction of the committee of
management. The contractors for the whole work were
Messrs, Walker and Craven, of Birkenhead. The machinery
for the lift bridge was furnished by Messrs. Murray and
Brown, of this town. About ten years ago an attempt was
made to construct a bridge at the same point, but before it
was finished it was washed away by the tide. In the present
instance, the engineer has taken care not only to preserve the
old waterway, clear across, but even to give it greater width
of run, so that no such accidents may be anticipated. The
main or stone piers are 45 feet in height from their founda-
tion to their top. The tide here rises occasionally so as to
give a depth of water of 21 feet; and the height, from the
lowest part of the bottom to the superstructure or roadway,
is about 30 feet.

AFFRAY BETWEEN SOME OF THE POLICE AND SOME
OF THE MILITARY.—On Wednesday, three men belonging
to the detachment of a regiment, now stationed at the
barracks in Duke-street—namely, Sergeant Dodd, and pri-
vates Hall and Winstead, were brought before Mr. Rushton,
at the police-court, on the serious charge of resisting several
of the police-officers, endeavouring to rescue some of their
comrades from custody, and assaulting several of them in a
violent manner, at the entrance to the barracks. It ap-
peared that on the previous evening, soon after ten o'clock,
Inspector Savage saw the three prisoners in Canning-place,
in company with some prostitutes, and behaving in a noisy
and disorderly manner. He requested them to go away, and
succeeded in dispersing the women. The prisoners, how-
ever, refused to go quietly, and he threatened to take them
to the barracks if they continued to be disorderly. He saw
them afterwards at a later hour, and as they still persisted,
and used bad language—particularly Dodd—he found it ne-
cessary to call the assistance of several officers to see them
to their barracks. When they got to the entrance and
knocked, Dodd said, " Sentry do your duty ;" upon which
several soldiers rushed out, with their side arms, (which,
however, did not appear to he drawn,) and struck at and de-
fied the police. Police-officer Fox, who endeavoured to ap-
prehend Dodd, was struck by him ; and a soldier who came
out (not, we believe, yet known) struck police-officer
Smith, with what appeared to he a bright instrument, several
times on the head. Dodd cried, "The police have exceeded
their authority, do your duty," and he also struck the in-
spector. Another constable also received-some blows ; but
constable Smith was the most severely hurt in the
affray. An endeavour was made to take the soldier
whose name is not known, but he was got inside by
his companions, and the gate was closed. A corporal named
Naville, who was on duty at the gate, afterwards refused to
deliver up to the inspector the man alluded to, or tell his
name, though he admitted that he knew who he was, and he
also refused to give his own name. He (Naville) appeared
in court, but not (while the case was being heard) in custody.
Several gentlemen, who happened to be passing near the bar-
racks at the time of the affray, (about twelve o'clock) corro-
borated the principal facts stated. The prisoners, it ap-
peared, had been drinking in a house, in Park-lane, shortly
before, and the language used by some of them while the
assault on the police was going on was of a moat threatening
and improper description. Mr. John B. Hiams, surgeon,
Duke-street, stated, that constable Smith was brought to
him soon after the hour stated. He had one large wound on
his head, which reached the bone : the edges of it were of a
jagged appearance, as if inflicted with a heavy instrument.
He had also two other wounds on the head of minor import-
ance. Mr. Rushton said that Sergeant Dodd was the prin-
cipal cause of the whole disturbance, and he should send him
to be dealt with by another tribunal,who would probably de-
grade him from his rank. He then asked Corporal Naville
if he had anything to say in his defence. Naville said he had
told the inspector he could not let him in, as he had orders to
admit no one but those belonging to the barracks, who, had
been out on duty ; and that he had only been asked who he
was, not his name, and had replied that he was coporal of
the guard ; so that, as he was on duty at the time, he
might he found if wanted. Mr. Rushton ordered him
to be placed in custody with the other prisoners, and
then saki that Dodd must be handed over to the custody
of ' the officers of thp detachment to which he belonged
at the bartacks; to whom a copy of the depositions should,
at the same time, be transmitted, so 'that they might take
such steps against him as they deemed proper. The prisoner
was accordingly put down, and the magistrate addressing the
corporal, said that his conduct had been most improper; for
he had told the inspector that he bad the soldier who was yet
wanted in his custody in the barracks, which was not true;
and had also refused to give that man's
name or his own.
The two privates had also been active in the assault and
rescue. They must all be taught that it was their duty to
assist, not to thwart the civil force. If they considered that
.
force acting beyond their authority, was their duty to go
for their officers, not to resort to violence on their own re-
sponsibility. It was only when under military orders that
they could so act; at all other times they were but citizens,
and must respect the civil power the same as other subjects.
They must each pay a fine of £5, or be imprisoned for one
month. The case, from its novelty, excited much interest
in the court.

TOWN COUNCIL PROCEEDINGS

rrnv.,n-

y, in the

1. Th

he resolutions suCb°roniitntei(titebe;

ad Pau'

resided

the Pa

provision of the Municipal Acl
.ge and custody of the charters'
r•nrripil not • ►1..,► ►h ratee:

be observed."

val iru out.; una tnat Env rz, to
ought-clerk, in his statement, ought

It might he considered that this resolution was an ilso
fcrence with the municipal act ; but it only went to decji
that the municipal act should not be interfered with by_n

,
council, and that the proper officer (the Town-clerk) 5,10" i,
take upon himself the whole charge of the deeds, muniment,
and records of the corporation, which the 65th section itop,
ratively placed upon him. There would have been n° nee
cessity for this resolution if the Paid Officers' Commuted
not found that the first time when the council had se'l,
upon the provisions of the act, and stated where their (leen
should be kept; was in 1839. The council then passed tl;
following resolution—" The Municipal Corporations Act bojl
ing proYided that all charters, deeds, and muniments, silt
be kept in such place as the council shall direct, and t,.
Town-clerk he responsible for the safe custody of the sanld
it is directed that the strong room in the Town .hall cap,",,
the repository shall be the place for keeping the deeds, ou:i
niments, and records, and that the Town-clerk be authorii
to make such arrangements for access thereto as may c"a
sistently with their safe custody be necessary for the WO')
'—isiness, approved by the Finance Committee, and Ove
',e council." The committee found that to tad
present time this resolution had not been acted upon; an,
they thought it was now high time for the council to retie,
itself from any responsibility ; and they were of oninion the.

firmed.by tl

some resolution should be ti4med which would so far suP
sede the resolution of 1839, that not the slightest respon,elb
bility should be placed on the shoulders of the youncil,Wb'
responsibility the Municipel Corporations Act placed at
others. The proposed resolution, therefore, only stated th
the law should be carried out ; and it must be observed the
if the resolution of 1839 had nut been upon the books a;
ready, there would have been no occasion for the one 1319 d
proposed. It was clear that hitherto the Town-clerk ha
never taken upon himself the custody--
Sir THOMAS BRANCKER.—Then it is high time he suo-alLi.t
Mr. LLOYD added, then let the Council declare that schl,
the act stated, and gave the Town-clerk power to carry out
he should carry out without interference.
Mr. BIRKETT.—Who has interfered with him?
Mr. LLOYD replied, that it was in evidence that, frog',
-12 ' licavy tntvnr.ic nal,na, at.— rre • had no

carried nut the act
Mr. BIRKETT.—

You are stating that from the evidence•'
S. I have stated nothing in this row

qt is tounuett upon the evidence. _
HORNBY said it ought to be stated what interferes
__, i_

N CE contended, that, if the Town-cle,r'
__ I'
posed to do s."o
,
toe custouy of the deeds and muniments, that sts'ed,
ment would be sufficient without the resolution proposed,
The Council, indeed, could not lay down any rules of t",,,
sort. If the law had not been carried out, it was not the
fault of the Council ; and. if it w.. ~..rth"

G. H. LAv

:o the Council what he pro

- - vya. 111/ I. l.:41 [-ICU UUL iv.
future, the responsibility would fall upon the Town-cler.re
and upon him alone. All the Council could now reqol
was that the Town-clerk should satisfy them as to what ,0

Mr. LACE said he should oppose the resolution because 4
seemed to convey a reflection upon the Town-clerk ; but `,
would ask the committee whether the Town-clerk had too"
any proposals in pursuance of that resolution ?
Mr. LLOYD admitted that the resolution would have beeo
unnecessary if the previous resolution of 1839 had not a'
geared upon the books. -

•
Mr. LACE rejoined, that it was a vote of censure upon the
Town-clerk.

Mr. LLOYD said it was a mere declaration that the 18!
should be carried out. The committee had asked the Town.
clerk why it had not been carried out, and his reply "1,:.;
through the influence and interference of others. It was "
these grounds that such a resolution was necessary.
Mr. KILSRAW suggested that the Town-clerk slioulda°
be heard.

The TOWN-CLERK commenced by saying there could b!,
no doubt that in deference to feelings, which, perhaps, I_,
law, ought not to have been paid, the Municipal Corporatioi!f
Act had not been carried out according to the spirit or let
of its proyisions. His determination was—and as to wl°r„,
he was bound to state he ought entirely to relieve the coon]
cil, because he had the legal power—to take upon hinOe
and his immediate assistant the actual charge and cusiot%v
of the deeds, muniments, and records of the corporation;
and, in doing so, most steadfastly, without delegating to allfi
one but his immediate assistant, to give the most extensid
access, that by law he could give, in favour of the clerk
committees, and any other proper officer of the corporatio;':
'He could not delegate beyond his own immediate assistao,!,
but to the extent of any access that the law would, upon for
most liberal construction, enable him to grant, he should
ready to grant it, and with every anxious respect toivar,,';
the feelings of the officers of the corporation with whom .b
might have to deal upon this part of the subject. In at)
so, he was only doing his duty to the council, which requi"
that every facility and harmony should exist between these
officers. After he had taken upon himself the actual char"(
and custody, and when be had made such arrangements 11,
,°
granting this access, (as to which he should be glad of tP
suggestions of any member of the council) be proposed to
submit them to the Paid Officers Committee ; and throthij
the Paid Officers' Committee he should hope they wood
come to the council. He did so, not to relieve himself fro,
responsibility, because that attempt would be vain, for
council had not the power to relieve him. The law, indee
was so stringent, that to none other but a succeeding ToW
clerk could the custody pass. The law was, that the cone
should appoint the place, but that the custody should be,
the Town-clerk. He should hope that this explanat
would, perhaps, render it unnecessary to proceed furt
with the resolution.
Mr. ASPINALL said the Town-clerk had told the coup
what he meant to do in 1843, but not why the resolution
1839 had not been carried out. The council wanted to ICO
that.

Mr. G. H. LAWRENCE.—He has told you.
Mr. ASPINALL.—No, indeed he has not.
The TOWN-CLERK.—I said, in too much deference to the
feelings of others, and which, by law, ought not to
had been paid.

Mr.
Mr. G. H. LAWRENC
resulted.

—And from which no harm I'3l

The TowN-CLERK.—And from which no harm has red
suited, or can result, if the precedent be corrected. He rie,
the most unbounded confidence in the honour of the genthe
man who had charge of the repository, and he should pay
greatest respect to his arrangement of the deeds. He wisbeo however, to make the system, as far as arrangement 'C
concerned, more perfect. It was requisite, and he intend
to extend the arrangement which Mr. Okill had made, .fib
adding a great many important things in the repository
NO' were not now included in any list.
Mr. BIRKETT thought that the council having heard I,e,
statement of the Town-clerk ought certainly to pass
resolution, because it was merely verbal, and the recollect'
of it might die away in five or six years.
The MAYOR said the substance of it would appear uP the face of the Paid Officers' Committee's report.
Mr. BIRKETT explained that he meant the statement Jll5,
now verbally made by the Town-clerk rendered such a ter"
lution necessary.

tbd
The MAYOR
repeated that the same thing was said in
report upon the arrangement of the Town-clerk's office. of
Mr. BIRKETT still thought the council would be perfee,,s
justified in placing upon their books a solemn deelarat,l'At
that the recommendations which the Town -clerk hill"
had made should be carried out.
Sir THOS. BRANCKER said the adoption of the office
clerk's scheme by the council would suffice to answer
Birkett's purpose.
to
Mr, - was of opinion that it was unnecessarlo
press this resolution, because although the law bad not u,-0
carried out from 1839 to the present time, it was ininceat,i,re
upon the Town-clerk to take such measures as would ens",,
its being carried out. It now devolved upon the conser.r_w
tive majority to shew that they would not wink at the
rg;),,
being set aside from deference to the feelings of others. I, it
Town-clerk had frankly declared why he had not earrie(!w.
out, and he had not shrunk from passing censure upon ill
il
self for not allowing the law to take effect ; but the cone)),
were now called upon to see the law carried out ; and he 5%,
mitted to the chairman of the Paid Officers' Committee w.Phe
ther the object would not be answered by the report on
Town-clerk's department.
tbel
Mr. NORTH had two objections to the resolution.
.- Tll to first place he was unwilling that any thing should be dolleie,
interfere with the present excellent and judicious
inalsi
ment of the repository by,Mr. Okill. He wanted to re,
him in that office because he thought it was possible const;tl
ently with the legal custody of the deeds, muniments, sch
charters being, as by law it must, in the Town-clerk. Silos
a management of the repository
was quite consistent with 'at
r. acknowledged legal custody, He was also unwilling, withthe
meaning any reflection upon the Town-clerk, to commit , „
management of these documents to him. It was almost the
consistent with his other business. Attornies were, at 0t; best, but ill-calculated and ill-disposed for such employ
ireept,)
they were, he might say, a disorderly set. (i,auglni-
They had not, perhaps, the same respect for their own ban
work as other men ; and he believed, in spite of the 0"-tist
and system that the Town-clerk would introduce, they tijsrt
fail unless there was a separate officer to attend to this
1)1,41
of the corporation business, For these reasons, he sb°the
submit, as an amendment, " That the Town-clerk is
legal custodian of the records and muniments of the ccrP° to
lion; but that, consistently with and without prejudice °,
such legal custody on his part, the management of the rs..frer
sitory may be specially deputed to Mr. Okill as heretotutea
and is hereby, with the consent of the Town-clerk so dell° 11,
accordingly, subject to the following regulations rianiew that no deed or muniment shall be removed from the rel 3%.
tory (even for use in any other part of the building),
Llorellls
spected there, nor produced to any person whatever, es-,..0,
in the presence, or with the written authority of the
r.
clerk (and in his absence), the Deputy Town-clerk, and o'
Okill, shall alone have access to the muniments in the rePo,
sitory for any purpose whatever." With these regaistl°,.id
he thought the objects of the council would be fully ca"
be
out. If this amendment was passed, Mr. Okill would
retained, and the present excellent system preserved. Ise
Mr. G. B. LAWRENCE said, he once thought the Ph
suggested by Mr. North the best suited for the council so it was not for them to say whether it was good or Deu'iol
long as the Town-clerk felt that the deeds, muniments, a°'
records were not in his custody. By adopting this 80 ,the
ment he really thought they would be flying in the face 01"
act of parliament.
000 The TOWN..CLERK rose and said, his duty there was, the
every occasion, to pay the most implicit obedience t°ooo
resolutions of the council, except when those resole!. of
should, which they never yet had done, apply to mattTost
principle, as to which, in honour and conscience, and wlrroit•
forfeiting his reputation as a legal man, he could not sir_tioe
[He did declare, on this occasion, that if that rese,t! the
amendment] were passed, and he were to submit to
eontroul of it, he should disgrace himself as a profes
man for ever. He could not consider, for a single mewthst
that he could do otherwise on this occasion than declaefeeds,
he would take the actual charge and custody of the
the
muniments, and records, as some small compensation wore
error he had allowed hitherto to
prevail. There_ saY,
occasions, he trusted the council would allow him
when the individual who should pay implicit obedieT'td,
general to the commands of those by whom he was apc13,133/ be
when a question of principle might arise, as to whi
haa
were to submit, he must forfeit his own esteem. rni
tal re'
declared, on the one hand, that he would satisfy the re (te"r
talents of the Municipal Corporations Act, the char be
on th.c,_. se;
the present CorpOratfon of Liverpool ; and,
hand, he would satisfy it by' having himself ttr's:'
tual charge and custody of " the deeds, munirrino
records."
aoatl
In doing so, he had a right, he trusted, tO. ktol
himself of the assistance of the gentleman provided fortil or;
the liberality of the council at a salary of ZOO,.
a!' 0.;
to be a man of business; who was to be a method.,cni,
and surely an officer of that kind, under his direction
assist him in the charge and custody of the deeds. nth tt,wo
saw that the system of an attorney was contrasted r'_o‘; the
system of another party, he must, while on the one rele,
system of attorneys was referred to, on the other bra2lP,,
to the system adopted with regard to the Reposito soa
Town-clerk then proceeded to show in what respect

uobe
00
to 0
tjOat
01

tern
litho ,
wbro'
)iutiov
to tillssalienot
°re tbeC
deeds'
the
for -
were