The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-08-29 00:00:00

BIRCH V. WOOD AND ANOTHER.

This was an action to recover damages for the infringe-
ment of a patent. The plaintiff (for whom Mr. Martin,
Mr. Crompton, and Mr. Webster appeared as counsel)
was Thomas Birch. The defendants (for whom Mr.
Knowles and Mr. Townsend appeared) were Charles and
Richard Wood.

Mr. MARTIN stated the case. The plaintiff was a man
now in very great poverty, and endeavoured to get a live-
lihood by acting as an assistant to an engineer in Salford.
He was a very ingenious man, and in the early part of his
life devoted a good deal of his time to the improvement of
machines, rather than to pecuniary matters. He was
formerly in partnership with two gentlemen of the name
of Shorrocks, manufacturers of carding and spinning ma-
chines, and whilst in partnership with them he made the
invention in question, a patent was granted in 1837, and it
was for an infringement of the patent that the present ac-
tion was brought. In 1830 the partnership between the
plaintiff and the Messrs. Shorrocks was dissolved.
Plain-
tiff sold his interest in the concern for £425, to be paid in
promissory notes, and went to Ireland, where some
tempting offer was held out to him. He remained in Ire-
land till he lost all his money, came over to Manchester
about seven months since, and had remained there ever
since. The patent was for an addition to the old machine
for carding, whereby the seeds, and nots, and dirt which
comes in the cotton from abroad was got out much more
effectually, in less time, and did a great deal more work.
When the plaintiff came back from Ireland he found that
his patent was in very general use in the manufacturing
districts. He applied to many persons, all of whom
agreed to give him something for the use of the patent,
with the exception of the defendants, who used it to about
sixty machines.
Mr. KNOWLES, for the defendants, said that at the
time the partnership was formed the Messrs. Shorrocks
were monied men, and it was of great importance to have
a mechanical genius in manufacturing concerns, and it
frequently happened that such a person was taken into
partnership, on the understanding that the result of his
inventive genius was to go to the benefit of the partner-
( ship. This, he alleged, was the case in the present In-

stance; the partnership was at the expense of moleli and
experiments, and the machines were all made on account
of t'--e concern. He contended, that by the deed pro-
viding for the dissolution of partnership, plaintiff assigned
over all right and interest in the concern, and, therefore,
that the pate,,t right passed to the Messrs. Shorrocks,
who became bankrupts in 1839.
Under the direction of his Lordship, a verdict was re-
turned for the plaintiff. Damages, 40s.
The Court rose at a quarter to six o'clock.

CORRESPONDENCE.

THE BISHOPS AND THE TRACTS.

TO THE EDITOR OF THE LIVERPOOL STANDARD.

SIR.—Not having seen in your paper any notice of the
Bishop of Ossory's primary charge, it occurred to me that
a few words on the main points set forth in it might not
prove unwelcome either to your readers or yourself : there
are many, doubtless, among the former, who, though not
likely to procure or peruse the charge for themselves,
would be glad of the opportunity of seeing an outline of
its contents.

The well-known power and perspicuity of the writer's
mind, his sound judgment and habitual caution, the weight
of his personal chatacter and the dignity of his office, all
combine, together with the topics on which he treats, to
lend a more than ordinary interest to this charge, recently
published. The tracts on " Reserve" and the notorious
No. xc. are especially dealt with : while a valuable sketch
of the rise, progress, and tendency of the entire move-
ment is faithfully and succinctly presented with all the
solemn authority that belongs to such an address.
A line in your " Notices to Correspondents" will de-
termine whether you may hear again from, Sir,
Yours, Scc., .

A. M.

Liverpool, August 27, 1843.
[We have heard sufficient of this admirable charge to
induce us to wish most earnestly to present its principal
features to our readers ; and we therefore receive with joy
our correspondent's communication, and shall, insert with
pleasure his future favours.]

COMMITMENTS TO THE SESSIONS.—On Thursday a
boy named James M'Ginn was committed for trial for
stealing a shirt, value 2s. 6d., out of the sale shop of Mr.
Thomas Higginson, pawnbroker, Park.lane. He ran off
with the article, but dropped it on being observed in the
street, and pursued.—On Friday, Patrick Bryan, a boy
who had come out of jail the previous day, was committed
for stealing a pair of boots, value £1 55., from a shop in
Dale-street. Also, a woman, named Catherine O'Neill,
(who had an infant in her arms,) was committed for trial
for stealing a pair of boots from the shop of Mr. Ileyes,
pawnbroker, where she had gone to price them.

FEATHER-DRESSING MACHINE.—An entirely novel,
and certainly unique, contrivance for restoring old and
dressing new feathers has recently been introduced into
this town, by /Messrs. Lee and Co. We had the pleasure
of seeing it in operation a few days since. It consists of a
large cylinder, in the interior of which are several arms,
which work not unlike the devil !n a cotton factory, tear-
ing the feathers asunder, and keeping them in continual
motion, while the heat emitted from a large coke fire
under the cylinder, which is constantly revolving, com-
pletely disinfects and expands them far beyond' their
original bulk.—See Adverlisement.

POLICE CHARGES OF DRUNK-AND-DISORDERLY.--
We have frequently had occasion to remark that the mass
of the police-officers, in preferring a charge of " disor-
derly" conduct against any individual, appear to deem it
necessary to prefix, on almost all occasions, the little
monosyllable " drunk," on the supposition, apparently,
that it would scarcely be credited that a man would be
violent unless he were inebriated. The constant recur-
rence of the double charge has on many occasions—when
parties quite as respectable as police-officers have utterly
denied the drunken portion of it at least—often brought
ourselves and others to suspect that the practice is a ra-
ther sharp one ; and we had an instance at the police-
court yesterday which confirms a very general opinion that
(as has been remarked in one of the newspapers) the
words are " stereotyped" on a policeman's tongue. A
clerk to an attorney was brought up and charged by In-
spector Brown with having been " drunk and disorderly,"
and the witness added that he had consequently committed
him to Rose-hill Bridewell. The defendant (who
was perfectly sober) denied that he was any more
drunk than at that moment, and appealed to the Bride-
well. keeper, Edward Keenan, whether he was or not.
Keenan said that he was not drunk when brought there.
Mr. Rushton asked the keeper why then he had entered
him in the book as drunk as well as disorderly. The
witness said that he had before refused to receive a charge
of drunkenness and disorder from an inspector, the person
given in charge not being, in his opinion, drunk, and
that he was, in consequence of such refusal, brought be-
fore the police committee, and told that he must receive
and write down the charge, whatever it was, from his su-
perior officer. Mr. Rushton said that no bridewell-
keeper ought to do so unless he himself saw that the man
was obviously drunk. If such a charge was given by an
inspector as that under consideration, he ought to write
in his book, "charged by with being drunk and dis-
orderly; but Ido not believe him to be drunk." The de-
fendant in this case was then discharged.
THE WORKHOUSE.—We direct at'ention to a report
in our paper of this day of a case of aggravated assault on
the governor and another officer of our Workhouse, into
which the tender mercies of the new poor-law have at
length found their way, and though not yet to their full
extent, in a manner sufficiently to show that that heart-
less enactment never can be brought into full play in the
town of Liverpool, wherever else it may be tolerated.
Here we have an instance of a pauper, refractory and out-
rageous we admit, but nevertheless a human being in des-
titution, labouring under disease, and consequently enti-
tled to some modicum of the humanities of our common
and sinful nature. He had been confined in gaol for re-
fractory and threatening condnct for fourteen days, during
which he was in the gaol hospital, and having no means
of living, returned to the workhouse. He stated at once
that he was " past labour," from the disease that hung
upon him, and that two surgeons out of doors had so
affirmed. But no examination whatever of his person
was made : he was pronounced fit for work ; and the new
governor (for the administration of the new poor law) on
hearing of his return, exclaimed (by his own account)
" What ! the notorious Smith come back again 1 send
him to break stones." A hammer was then put into the
man's hands, and he was told that he would be punished
if he did not work. Being, as must be admitted, a despe--
rate character, and exasperated at such treatment, he
st ruck the officer, and afterwards the governor, with the
dangerous weapon, and was proceeded against for a mur-
derou: assault, though it appears, from the evidence of the
surgeon of the gaol, that the blows were not dangerous to
life, and alleged, that he in reality was still labouring under
disease which would be aggravated by the work he was
ordered to commence. His being sent to break stones
was certainly no palliation for so savage an assault ' • but
why should a man who had undergone punishment for a
former offence, and had legally purged himself of it by
undergoing it, be received and treated on his return to
the house as a criminal? Why was he not examined es
to his infirmity, and treated accordingly? We can devine
no reply that can be made, but that the new poor law
contemplates poverty as a crime, and adjudges all who
seek relief under it to a measure of irksome and degrading
labour, which shall compel them to one or other of the
alternatives—begging, stealing, or, as in this instance, to
desperate revenge. As the magistrate properly remarked,
character, in a case of want and illness, ought not to be
taken into consideration. If he and we (who accord with
him on this point) be not mistaken in our position, the
case is one which, we think, the Poor-law Commissioners
are bound thoroughly to investigate, for the benefit of the
public. Of the general working of the poor-law act so
far, in this town, we have only to say that it is already
driving the poor wholesale from the establishment. Al-
though there is little or no improvement in the market
for employment, the inmates are already reduced by
about 400; and if the system be persisted in, there will
be no need for the erection of the contemplated build-
ings on a larger scale. So stringent are the rules,
that in a short time it will be deserted by all
but the utterly helpless ; and the town, inundated by
persons struggling in desperation for a living, will be
more grievously burthened for the prosecution of
criminals than for the support of paupers.

THE CURRANT Caops.—Advices from Cephalonia,
Zante, Ithaca, and Patras reach down to the sth of Au-
gust. The crops are likely to be under the usual average
from the dryness of the season.

The collectorship of the customs of Bristol, vacant by
the superannuation of Thomas Morris, Esq., has been
conferred on the late assistant-secretary to the Board of
Customs, John Ker, Esq.
WILL OF COL. FAWCETT.—The will of this gentleman
has just been proved in Doctors' Commons'. The pro-
perty is sworn under £3OOO. The following remarkable
sentence occurs :—" In the event of the death of myself
and my said wife at the same period of time, from acci-
dent or unforseen causes," &C.
THE QUEEN'S SPEECH AND REPEAL.—In pursuance
of a regular summons, a cabinet council was held
into on Sa-
turday. at Mr. O'Connell's non-official residence in Mer-
rion•square, for the purpose of taking consideration
such paragraphs of the Royal speech as had reference to
the repeal sedition at present organized in Ireland, and
to found a report thereon.
DEATH FROM CUTTING A CORN.—Died, on the 17th
instant, aged 64, Mr. Richard Herbert, of Beaconsfield.
About ten weeks since deceased cut a corn on his fobt till
it bled; he neglected it, and inflamation ensued. This
confined him to his bed for about six weeks, when a fatal
termination took place from mortification.—Aylesbury
News.

REPEAL INTIMIDATION.—The Newry Teleyraqh states
that many Protestants in the neighbourhood of Keady,
in the county of Armagh, are joining the repeal ranks
through fear, in consequence of the organization of the
repeaters, and their method of recognition by cards is-
sued from Dublin ; but, above all, in the absence of
Military to protect the loyal and right-hearted.

- -
SYDNEY SHIPPING.—The number of vessels arrived
at Sydney, New South Wales, from the Ist of January
to the 31st of March, this year, amounted to 119, whose
united burdens made 26,813 tons, by which 1,645 passen-
gers had arrived. The departures during the same period
were, 128 vessels, the aggregate burdens of which amount-
ed to 21,833 tons, and the number of passengers was
1.232.
Two young Englishmen, driven by want to commit a
highway robbery near Salbris, in France, were tried, on
the 22nd, at Blois. The jury,
their youth and repentance, and the
tc
ez cur s t
ted it as much
ashwich the crime was perpetra d
t„et;,,ecex,l the eldest to only
taking. into csonneseisdeurnt:ier
possible ; and the CourLse
d the other to fifteen months.
two years' imprisonment,

substances, particularly i

t and

* Mr. Davis, Mat