The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-03-31 00:00:00

NISI PRIUS-YESTERDAY.

The learned Judge in taking his seat at ten o'clock,
apologised for having kept the Court waiting from nine
o'clock ; the mistake was on the part of the Under Sheriff,
who had fancied the Jury was summoned for ten o'clock.

CARDWELL AND OTHERS V. CANE.

Mr. Knowles for the plaintiff and Mr. Martin for the
defendant. Verdict for the plaintiff by consent. Dama-
ges £5OO.

WOOD AND OTIIVRS V. ROBINSON.
This was an \undefended action, to recover the sum of
£3O, the amount of a Bill of Exchange, and 9 6d.
interest Mr. Blackburn for the plaintiff. Verdict
£3O 93. 6d., with 40s. costs ; his Lordship granted ex-
ecution in a week.
SHAW V. GARTSIDE.
The plaintiff was a farmer at Winney Croft, in the parish
of Rochdale, and defendant kept the Sun Inn, on the
Turnpike adjoining. Mr. noggins for the plaintiff, and
it appeared from his statement that an ill-feeling existed
between the parties, in consequence of the defendant hav-
ing been summoned before the Honour Court at Ponte-
fract, and fined £3 12s. Od, for permitting his cattle to
trespass on the farm of the plaintiff. On the 31st of
May, about five in the morning, James Gartside, the de-
fendant, was seen to go into a field belonging to the plain-
tiff, called the Rooden Field ; and there forced 9 cows
and an ass, over a stone wall in the adjoining field which
belonged to John Gartside, brother of the defendant.
They then sent for the prisoner, and had them taken to
the pinfold, but in the meantime, Shaw was informed
what was going• on and came down to the Rooden Field.
Re then offered 10s. far thew, but the defendant refused,

and said they would have their £3 12s. Od. back again.
Plaintiff had to pay £1 98. Od. to the prisoner for the
cattle; and suffered considerable damage by the cows
being taken out of his own possession, one of- whieh
calved while at the prisoners.
Witnesses were called to prove this statement; and
subjected to a severe cross-examination by Mr. Watson,
for the defendant, to show that there was a gap in the
fence, and that the cattle went over by themselves. The
only witness who swore to this fact was Moses Mills, and
he it appeared was but an indifferent character, baying
been imprisoned many times in Lancaster Castle and
Manchester House of Correction. Mr. Watson then
addressed the jury, and called Giles 'Wood and his Son,
who happened to be passing the field early in the morn-
ing in question, and actually saw the cattle going through
the gap themselves ; and Wood. on his return called at
the Sun Inn, and knocked up James Gartside, the land-
lord, who came down half dressed to let him in. Three
others also proved that at the time Mills said he saw the
cattle diving over the gap, they were quietly lying down
in the defendants field, as if they had been over some
time.

His Lordship briefly summed up, and the jury re-
turned a verdict for the defendant.

DEMURRERS.

His Lordship said that he would hear the argument in
the demurrer, Hobson and others v. Kenworthy, No. 23
in the first list, in which Messrs. Hill and Cowling were
the contending barristers, on Tuesday evening, at his
lodgings.

The demurrer Case v Woldon, 18 in the second list, is
to be taken the same evening.

CLAYTON AND OTHERS V. NETHERWOOD.

This was an undefended action for £l6l 165., the ba-
lance on a bill of exchange. Verdict for plaintiff for that
amount, and 40s. costs.

ALCOCA V. HATTON.

Another undefended action for a balance on a bill of
exchange. Verdict for the plaintiff. Damages £2O 6s. 4d.
and 40s. costs.

FIJOU AND OTHERS V. MOORE.

This was an action brought by Pijou and Wilks the
celebrated gunpowder manufacturers, for damages against
a person named Moore, a gunpowder dealer in Brook-
street, Manchester, who had injured the plaintiffs by sell-
an inferior article, as that of Messrs. Pijou and Wilks.
Mr. Martin and Mr. Huggins appeared for the plain-
tiffs, the defendant did not appear.
It appeared that in January, 1845, the -defendant
ordered a certain quantity of powder, and was supplied
with labels and cords. In November, Mr. John Hard-
castle, the traveller of Messrs. Pijou and Wilks, called at
Moore's for payment: while he was detained at the door
he looked in at the window and observed a large number
of packages in the window, with the genuine window card
hanging over them, and on the top one or two genuine
packages : the rest were all spurious. Witness found a
little at the door and after a little consideration, he went
in, and being quite unknown to the defendant, he asked if
they sold Pijou and Wilks's sporting gunpowder, and
Moore said " yes." Witness asked for treble C the best
that was manufactured. Moore gave him some, told him
he might rely on the quality, and asked Is. 41(1, a pound.
Witness said how is that at Mr. Conway's, a large dealer,
it is 2s. 6d. per pound. Moore said that he did an im-
mense business and frequently sold 4 or 500 lbs. per week
for Messrs. Pijou, and they allowed him an extra disconnt.
Mr. Baron, a respectable dealer in Manchester, after a
communication with Hardcastle, went to the shop and
bought 2 pounds of treble C at Is. 3d. per pound. Witness
had dealt with Pijou and Wilks for 6 years; and latterly,
the sale had very much fallen off. His shop is in the neigh-
bourhood of Moore's. Other witnesses gave similar testi-
mony. Itwas proved by the foreman of the works of Messrs.
Pigon & Wilks, that on trying the composition strength of
the genuine powder, and that purchased of Moore, with
an instrument called an evoquette, at the manufactory at
Dartmouth, the difference in the strength was 11 to 44.
Verdict for plaintiff £lO damages.