The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1850-04-09 00:00:00

NT ASSIZE CASE-TO BANKERS
lAIPORTA.. AND THE PUBLIC.

.7700DCOCK AND OTFIERS.—Points of
SOUTHWORTFI t. their customers are involved in
interest to bankets met, 'Togging, Queen's Counsel, and
this action, in which Mr: ' for the plaintiff. Mr. Cow-
Mr. Thorburne were en oaf •. The learned judge, Mr.
ling appeared for the defenkdaiN. length of time which
Baron Alderson, perceiving' thtt due investigation of
would be required on Monday kr' a and partly on dit
the conflicting interests of the pattk4,---. -ough his labo-
from his lordship's desire, after gettinff th• sent assizes,
rious share of the judicial business of the' p,,. 'se before
to join Lord Brougham at Paris—stopped' tliv s.. This
it was half opened, and suggested a refererlft- the
course, as it admitted of the examination on oath ti. 'to
plaintiff herself, as well as the defendants, was agrees -
by the counsel on both sides; whereupon the jury gave
conditional verdict for the plaintiff for the full amount
claimed.
Pursuant to his lordship's direction, a searching in-
quiry, which occupied the counsel nearly the whole of
Wednesday, was gone into before the learned arbitrator,
whose award will be final. The pleadings having been
put in, it appeared that the action arose under interest-
ing and peculiar circumstances. The plaintiff, Ellen
Southworth, is an humble person advanced in life, resi-
ding with her married daughter at St. Helens, near Li-
verpool. The defendants are well-known bankers at
Wigan. The action was to recover £l2B 16s. 10d., being
the balance of money deposited with the Messrs. Wood-
cock, as her bankers. The plaintiff was for many years
in the service of Miss Duckworth, of Wigan, and had
saved up wages amounting to a hundred pounds, which
were left undisturbed in the hands of her mistress, to
whom she was greatly attached. Miss Duckworth's health
gave way in 1844. Feeling the hand of death approach-
ing, she desired Ellen, (the plaintiff,) to avoid annoyance
or trouble with the executors, to take possession of her
earnings, and have the money put in a bank, to her
(plaintiff's) own credit. This was done ; and as
the plaintiff could neither write nor read writing,
her mistress advised her to leave her pass-book
for greater safety in the hands of a man named Shackle-
ton, who was a collector of rents, and of reputed trust
among several small families in and about Wigan. Miss
Duckworth died in May, 1847, and left the plaintiff a
legacy of £lOO, for her " faithful services." Of that
legacy the plaintiff added £75 to what was previously
deposited in her own name at the defendant's bank—
Shackleton going with her for the purpose. After her
mistress died, plaintiff left Wigan for St. Helen's, where
she has resided ever since January, 1848, with her son-in-
law and daughter. The bank-book, however, she left at
Wigan, in the care of Shackleton, not only for supposed
safety, but to avoid necessitous people about her, if she
kept the pass-book at St. Helen's, getting to know that
she had £175 in a bank, and pestering her to help them
with loans. On two occasions only, in 1848, when she
went over to Wigan, did she, as was contended by the
defendant, authorise the defendant to pay away any of her
funds. Shackleton was with her to help her with the pass-
book, when she withdrew £45 in May, and again £5 in
August. Each time a cheque was filled up, to which, in
presence of the banker and cashier, she regularly put her
mark ; and it was in evidence that the money was banded
to her, and not to Shackleton. Plaintiff afterwards re-
turned home to St. Helens on the evenings respectively of
the days she visited Wigan. In October 1819 she heard
of the sudden death of Shackleton by cholera. Instead,
however, of his being, as supposed, a man well to do in
the world, it turned out that Shackleton had been in a
state of insolvency for some time before, and at the time
lie expired. After great trouble and hunting about, plain-
tiff found out her passbook, in the house ofba man called
Wright. when it was discovered to her amazement, that,
with the exception of £l5, Shackleton had gone, without
her authority or knowledge, and successively drawn out
all her money by means of cheques signed by him " for
Ellen Southworth," which the bankers had honoured,
and on none of which, as was urged by the plaintiff's
counsel, with the exception of the two already mentioned,
was her mark to be found, or any one's mark, purporting
even to be hers. Hence she brought her action for money
paid away. The bankers declined to refund, and con-
tended that at each time the cheques were drawn and
Paid, the plaintiff herself was present ; and that they
implied the " agency" of Shackleton, because he had
the possession of the pass-book.
The plaintiff's case was supported by the testimony of
several witnesses, who were called and cross-examined at
great length by Mr. Thorburne, Mr. Cross, Mr. Cowling,
and the learned Arbitrator; after which the plaintiff her-
self underwent a minute examination

Mr. Cowling commented with great care on the docu-
mentary evidence, the cheques, and the pass-book. The
deceased, Shackleton, being in possession of plaintiff's
pass-book, with the books of other persons, for whom he
acted as agent, at Wigan, the defendants, in his (Mr.
Cowling's) opinion, had made out a case justifying them
in meeting this action, on the ground that they assumed
an agency by Shackleton for the plaintiff to have been
established. The learned counsel further contended that
if there was an agency, that dispensed with the necessity
of his going at length into the seeming inconsistency that
two only of the cheques had the plaintiff's marks, and the
others had not.
Mr. THORBURNE then, in a very able and lengthy ad-
dress, contended that the plaintiff was entitled to recover,
as the money had clearly been paid away without her au-
thority and in her absence.

The Learned Arbitrator (Mr. TTNTIT A NK) °aid he ',Lout('
carefully review the whole evidence, and a day or two after
his return to London make his award. The question was,
which of two innocent parties,—the plaintiffor the banker,
had to suffer.

TO THE EDITOR OF THE LIVERPOOL STANDARD.
read with interest and deep regret the painful
statements regarding the cotton porters in your paper of
last week, and think the public ought to feel themselves
much indebted to the press for bringing such statements
forward. It had long been a matter of wonder to me how
the men whom I have seen from day to day hanging about
the area of the Exchange managed to keep life and soul
together; and my heart sickened when I thought of them
returning daily to their starving families with the same
tale, " no work."
Your statements remind me of what the Morning
Chronicle has been immortalising itself by doing ; and
if you would, like them, take charge of any contributions
for these poor wretches, I will with pleasure send you a
trifle.—Your obedient servant,

SAMUEL MARTIN.
No. 2, High-street, Exchange, April Bth, 1850.
[We shall be glad to be the almoners of our corres-
pondent, whose bounty would meet with grateful accept.
ance.]

The Bishop of Exeter's letter to the Archbishop of
Canterbury, on the Gorham case, in less than a fortnight,
has passed through fifteen editions, and obtained a sale of
upwards of 30,000 copies.
BALL.—A grand charity ball was held last night, at
the Assembly Rooms, Great George street, under the
patronage of Mrs. Charles Moore. Gribbin's band was
in attendance. The supper and the other refreshments,
which were of the most recherche description, were pro-
vided by Mr. Lawton, of the Bee Hotel, in a style highly
creditable.

DETECTIVE SPEECH.—Of the many ills which attend
human nature that of stammering and defective articula-
tion is one of most serious. Who the t has heard what in
vulgar phrase is called "a stutterer," does not pity his
infirmity ? We have had, however, brought before us a
case of complete cure, in the instance of a boy, eight
years of age. The improvement was so rapid and effec-
tual that it is but justice to mention that it was effected
by Dr. Weinthal, whose advertisement appears elsewhere.
ROYAL AMPHITHEATRE.—This establishment was
opened last week, with a complete and effective company.
During the recess it has been thoroughly redecorated, a
new pit added, and its tout ensemble is superior to any
other place of amusement. Last night the play of
" Hamlet" was performed, Mr. Barry Sullivan and Mr.
Cathcart supporting the leading characters; and during
the present week a series of first-class dramas are an-
nounced.

GRAND WELSH CHARITY CONCERT.—We are informed
that in consequence of Mr. W. Sudlow's illness, the con-
ductorship of the Welsh Choral Society has been kindly
undertaken by Mr. Edward W. Thomas, first violin of
the Philharmonic Society, who has also consented to play
an "Elegy" of Ernot's ; and this additional attraction
will no doubt induce a very large attendance. His Wor-
ship the Mayor and several members of the Town-council
will be present. The programme is very attractive. The
following is a rough outline :—Spng, " If guiltless blood,"
Handel, by Miss Stott ; air, "With verdure clad," Haydn,
by Miss Stott; duet, " Lord, bow thin Ear," Mendels-
sohn, Miss Stott and Miss Parsons; song, "To thee, 0
Lord, Laurenz Weiss, Miss Parsons ; song, " If with all
your Hearts," Mendelssohn, Mr. Joseph Robinson ; two
solos from Mr. Armstrong ; quartette, " Cast thy burden
upon the Lord ;" and nine well-selected choruses by the
Welsh Choral Society.

THEATRE ROYAL.—THE OPERA COMIQUE.—The in-
troduction by the :lessee the Theatre Royal of the very
talented company of French operatic performers, selected
by Mr. Mitchell, of the Theatre Francais, London, has
afforded to the playgoers of Liverpool a great treat during
the past week ; and we trust has been remunerative to all
parties. The attendance during the three nights, and es-
pecially on Friday, comprised the elite of our town, by
whom the reception given to the artistes engaged was dis-
criminating throughout, and occasionally most enthusias-
tic. The operas each night appeared to have been got up
reeardless of expense, and with excellent taste. One of
the most striking features exhibited during the whole of
the performances was the chaste dressing for their parts,
of both the male and female performers. They displayed
nothing of the tawdry taste in attire which even our own
best actors and singers evince, and which deforms some
even of our leading Italian operatic performers. They
appeared throughout in unambitious, but elegant and be-
coming costume. Another distinguishing characteristic
of these operas was the excellence of the orchestra, with-
out which the music of our best foreign composers is so
frequently marred. On Monday Auber's opera of "Le
Domino Noir" was very finely sung. Madlle. Charton,
in particular, won greatly upon the favour of those who
had previously had the pleasure of hearing her rich voice
in concert singing, and added all the graces of a finished
and most attractive actress. Madlle. Guichard's singing
was also greatly admired, as was also that of Mons. Lac.
On Wednesday " Les Diamans de la Couronne", by
Auber, was given with splendid effect, and drew down
frequent and enthusiastic cheers, the whole of the corps
acquitting themselves admirably. The duets between
Madlle. Cherton and Mons. Lac, and the latter and
Mons. Buguet, were very beautifully sung ; and the
Diana of Madlle. Guichard was a most meritorious
performance, and showed this lady to be a most talented
singer. On Friday " Fra Diavolo', was played to a very
crowded house~ and it was impossible to have been better
played. We regret much, however, that the pressure
upon our space today compels us to quit a more detailed
notice. We observe that this excellent company have
been induced to give three more peaformunces next week.