The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-03-28 00:00:00

CROWN COURT.-YESTERDAY

His Lordship (Baron Alderson) entered the court at a
quarter past nine o'clock, when he proceeded to pass sen-
tence on the following prisoners, who had been previously
convicted :

Thomas Kaye being placed at the bar, his lordship ad-
dressed him thus :—You were convicted, on very satis-
factory evidence, of having stabbed a person named
Mawdesley three or four times, and ultimately deprived
him of the sight of an eye. I have taken your case into
consideration, and I have hesitated whether I should not
transport you. However, the sentence of the court is,
that you be imprisoned for twelve months and kept to hard
labour. _ _ _

James Willis, Henry Finegan, and Mary Williams,
who were convicted on Saturday of robbing a man named
Holt, at Manchester, of the sum of seven-pence-halfpenny
and an ounce of snuff, were thus addressed :—You were
all convicted of a robbery, in the dead of the night, on a
person whom you all set upon, and having violently
abused him, you robbed him in the street. You, James
Willis, I am afraid, have been in gaol, accused, and tried
before, as you very well know, though it has not been in
this county. I heard this on Saturday; but then I hesi-
tated about your sentence till to day, in order that I might
make some inquiry into that matter, and I have now to
say that I find it to be so. You Finegan, and you Mary
Williams, both of you, I find, have been residing in a
house of extreme bad character in Manchester. It is ne-
cessary, therefore,—and I regret it much in the case of
youthful persons like yourselves,—that T should be obliged
to pass so severe a sentence, You, Willis and Finegan,
shall each be transported for seven years. (Sensation in
the court, in which the cries of the prisoners relatives
were commingled.) And you, Mary Williams, who, I
find, have also been convicted before, I find it necessary
to separate from the rest of society ;: therefore, in your
case, I must also pass the sentence of transportation for
seven years.. (Sensation.) I am sorry to be obliged to
perform this painful duty, but still it is your own conduct
alone you have to blame.

STABBING

Henry Meddtows. 27: was charged with having, at Sal-
ford, stabbed one Thomas O'Hara, with intent to do him
grievous bodily harm. It appeared, according to the pro-
secutor, that late on Saturday night, or early on Sunday
morning, the 19th December, the prosecutor and another
man (Jackson) were going home, when they' saw the pri-
soner falling out with a woman. The prosecutor's com-
panion told the man not to strike the woman. Upon this
interference the man said " I'll strike you," and after a
lapse of some time, during which the prosecutor and his
friend watched the man and woman, a mutual challenge
took place, and the prisoner and O'Hara fought. After
some blows had been struck, O'Hara found he was stab-
bed in the abdomen. He got the wound dressed, and
afterwards went to the Town-hall to give information.
There a man named Salter was brought up, and prosecu-
tor stated that he thought he was the man. The prose-
cutor, on cross-examination, admitted that he was drunk
at the time ; that he was•a fighting man, and had fought
for prizes ; and that he had frequently been in gaol, and
on one occasion had been committed for two months- for
assaulting a police officer. Jackson, when before the
magistrates, said that he believed Salter was the man ;
but he could not say yet. Salter was afterwards dis-
charged. On the prosecutor being recalled, he in several
parts gave a different version of the affair from that given
by his companion, Jackson. A police officer found
O'Hara wounded, and sent for a doctor, who dressed the
wound. On apprehending the prisoner, and telling the
charge against him, prisoner said he had used no knife,.
and that the parties had maltreated him, and knocked out
one of his teeth. He had previously apprehended Salter.
He produced the knife, which he found three hours after
the fight, on the footwa:k, and on the spot where the
affray took place. This knife was stated, by several of
the police of'-!ers, to be the same which had been found
upon the u....oner when he was apprehended some four-
teen months before. The only manner in which it was
identified was by a slight stain on the ivory handle. Mr.
Por..Locic ably addressed the jury on behalf of the pri-
soner. He endeavoured to show that the knife (the find-
ing of which was the strongest circumstance against the
prisoner,) might have belonged to some other person, as
there were thousands of similar knives in constant use
amongst all classes. His Lontisnip summed up with
great care, and the jury found a verdict of guilty. Sen-
tence was deferred.

FELONIOUS AS'

John Brothertons4, was indicted for having, at Old-
ham, assaulted John Mellor, withintent to commit a rob-
bery. and with having at the same time wounded the pro-
secutor, causing him to lose his right eye. Mr. James
conducted the prosecution. Prosecutor, who is an opera-
tive cotton spinner, said that at midnight on the sth of
January he was going home along West-street, Oldham,
when he heard a noise in the prisoner's house, and
knocked. The prisoner opened the door, and asked pro-
secutor for a shilling, which he would not give him. Pri-
soner then ran at him and gave him a kick in the eye,
which burst it. The jury found the prisoner guilty of the
assault ; and his Lordship said the prisoner had certainly
been provoked, and as he had already suffered nearly three
months' imprisonment, he must be further imprisoned fog
one month.

MALICIOUSLY WOUNDING

Richard Jackson, 44, was charged with having, at
Newton Heath, on the 13th of February, maliciously,
wounded his step-daughter, Catherine Harrison, with in-
tent to do her grievous bodily harm. It appeared that
the• prisoner and his wife lived unhappily, and that a quar-
rel had taken place between thew on the previous- day,
arising from some foolish remarks made to him by the
wife. Prisoner went out next morning and got drunk,
and en going home attacked the prosecutrix most vio-
lently, striking her on the head with the poker, so that it
was at first thought that she was killed. The prisoner
said, he had no animosity to the prosecutor, and neverhad.
He had brought her up from the time she was six years
old, along with his own children. He added that he had
been extremely ill used by his wife, so that after doing his
best he found he could no longer live at his home. He
had in his passion flung the poker, and he was sorry for
it. He spoke in rather superior language. The jury re-
turned a verdict of guilty of the assault, but not of the
felony. Sentence was deferred..

_
STABBING FELONIOUSLY.
James Campbell, 30, was charged with having, at Pres-
ton, feloniously stabbed John Tipping, with intent to do,
him grievous bodily harm. Prosecutor said that on the.-
Isth of February, he was going along Sedgwick-street,,
Preston, with two others, Barton and Parkinson, when,
they met the prisoner. Barton remonstrated with the-
prisoner for committing a nuisance which he saw him
doing, in the footpath of the street named, in which pro-
secutor and the two others-lived. Prosecutor went ,up
to him, and said, " If I knew you, I would have you
summoned." The three had been to school, and each
had a school slate. They laid down their slates, and said
let us rub his nose in it. The prisoner ran at Barton with
a knife in his hand. Barton got out of the way. Pro-
secutor tried to secure him but could not, and ran .away
to escape, but fell. Before he could rise prisoner came
up and kicked him. He,. Tipping, got up and collared
the prisoner, who made a blow at him, and soon after he
(Tipping) found he was stabbed in the abdomen. Par-
kinson said he saw the prisoner take a knife from his
pocket and run after Tipping. It was a moonlight night.
Barton swore to the prisoner being the man. None of
the three had before known him. There was another man
named Bateson with the other three before the- stabbing
took place. A witness deposed to finding a knife, which
was produced. One of the blades was stained with blood
at the point.—Mr. Booth, surgeon, said the wound might
have been dangerous, but he did not probe it.—The
Judge, after hearing some cross-examination respecting
the knife, said it was of no importance whether it was
the identical knife or not. The probability, was that it
was not, but the case did not hinge upon that.—Mr.
Pollock addressed the jury for the prisoner in a very able
manner.—The learned Judge said it did not follow that
because a man drew a knife and used it he was 'guilty of
a felonious assault, for if the prisoner did so in self-
defence, being attacked by several others, be should be
acquitted. He noticed the provocation given by the four
witnesses, who. threatened to do towards him an act more
indecent than, that of which they had accused him. On
the whole his Lordship took a view, of the case, so far as
the evidence would permit, in behalf of the prisoner, the
main point being that he ran after Tipping who was
endeavouring to escape.—The jury requested to be allowed
to retire. On their return they brought in a verdict of
" guilty of assault." The learned Judge sentenced the
prisoner to a month's imprisonment, without hard labour.

ASSAULT AND ROBBERY

John Jackson, 20, Thomas Williams, 19, and William
Swift, 28, were convicted of having, at Manchester,
assaulted Henry Ilea, and-with great personal violence
robbed him of two sovereigns. The Judge said that
Williams had been frequently convicted before, and also
Jackson more than once. Swift had not before been
before a court for any, offence. His Lordship said he
should make a great distinction between the punishment
of each. He then sentenced Williams to two years' im-
prisonment ; Jackson to. eighteen months ; and Swift to
nine months.

BURGLARY

Y. ... AA. .
Henry Toole, 17, and Joseph. Hollows, 17, was charged;
with having, on the 30th of January, burglariously broken
into the house of Alice Marldand, a pawnbroker, at Bal-
ton, and having stolen therein one suit of clothes, her
property. Both prisoners made some admissions when
apprehended accusing each other. The clothes were
removed from one place to another. The jury found the
prisoners guilty, with a recommendation to mercy. His
Lordship sentenced them to 18 months' imprisonment,
and hoped they would come out better boys.

FORGING A BILL OF EXCHANGE.
William Edward Davis, 37, was arraigned for having,
at Manchester, forged the acceptance upon a bill of ex-
change for £43, with intent to defraud Messrs. Percival
and Yates, and pleaded guilty. At the request of his
counsel, his Lordship consented to defer passing sentence
until witnesses, including Mr. Yates, could be brought
up to speak to the prisoner's character..—After the lapse
of some hours several gentlemen gave the prisoner a good
character over 16 years. It appeared that the prisoner
bad long been in flourishing circumstances, and had up to
this time, been esteemed an honest man and a gentle.
man. Some other witnesses not being present, his Lord-
ship said he would receive any further testimony as to
character in writing, if it were authenticated—as a con.
venience to the parties. The prisoner was then put down.
-- • ------

BURGLARY IN MANCHESTER.
John Chorlton, 32 James Riley, 18, and Caroline Win-
ton, 29, were charged with having, in Swan-street, Man-
chester, early on the morning of the 15th February, bur-
glariously broken and entered the dwelling-house of John
Faulkner, and having stolen four boots, and a pair of
slippers, The jury
.found the prisoners. Chorlton and
Caroline Winton guilty, and Riley not guilty. The
female had before been convicted of felony.—The Jude,
said Wiliton lad-Iden fourteen- tidies Idciiiiiafed, and
sentenced her,to-be transported. for 10. years. Chorlton,
who had not before been committed, was sentenced tc
year's imprisonment. Riley was discharged.
The Corrt thee rase—at i qunrter

Mara 28, 1848._

NISI PRIUS COURT.—Ygmankt.
(Before Mr. Baron RoLYz.)
WALTER V. PRESTON.—This was an action to reccrver
balance of amount due upon two promissory notes.
The plaintiff was a maltster, residing at IVlirfield,York.
shire. The defendant was a shoe manufacturer' in Sal'
ford, and had given a promissory note and acceptance for
amounts due from his brother, a brewer in Manchester, to
the plaintiff. The question was whether certain psY"
ments made by the brothers were in liquidation of WV
securities.

The Jury found for the defendant.
ELLIOT Z. HEGINBOTTOM.—An action to recover&it
for goods sold and delivered. The plaintiff was a /Loin
merchant in Manchester, and the defendant a shop"
keeper at Gatley, near that town.—The plaintiff was 11011'
suited.

QUESTIONABLE NOTICE Or DISHONOUR.—ALLEN
EDIMNDSON.—This was an action to recover the sum of
£17.6 Bs. 3d., the balance of an amount for goods sold
and delivered. Both the plaintiff and defendants ad
silk merchants in Manchester, and had dealings together
to a considerable extent. When the account was balanced
between them there was a balance of £167 Bs. 3d., upon
which the defendant paid in cash £3l, and a bill drams
by a person named Canning, and accepted by a person
named Murgatroyd. The bill became due'on the2ndOct4
last in London, which was on a Saturday. On the Tues-
day following, the plaintiff would receive. notice of the
dishonour of the bill which was protested. On that dal
he sent a clerk to the office of the defendant, to give bill
notice of the bill being dishonoured, but could not fill'•
him at home. He called again every day the same weed'
with the like success, and it was not until the week foe
lowing that he was able to obtain an interview with bin
The defendant, on hearing this state of things, pies?.;
that he had not had due notice of the dishonour-of"`"
bill, and paid .£26, /2s. 3d. into court, to balance the
amount, contending that the acceptance was a valid' p3l
ment.

I
Mr. ATHERTON cited a judgment of Lord Ellenbororby
to show that the first call at the office of the defendant
was sufficient notice in law of the dishonour.
Mr. MARTIN contended that it was not.
The learned JunGE.said, as it was necessary for hin2ls
decide one way or the other, be should decide in favour ni
the plaintiff.

Mr. MARTIN thereupon addressed a few observation,
to the jury, and called the son of the defendant, a youth"
16 years of age, who stated that he had kept his fatherly
books for the past three. years, and was at the 0ffi.,,,,c0
the whole of the week the clerk of the plaint's'
called ; that he saw him on the morning of the 6th, fold
told him that his father had' gone to London the previa°
evening, and would not return, for a few days.
His LORDSHIP then ruled that the notice was suffici-
ent, observing that had it' not been for the authority
quoted by Mr. Atherton, he should have ruled differentlil
A verdict was then entered by the direction of the Cour'
for the plaintiff, with liberty to the defendant to move W
enter a nonsuit if the court above should be of (viol?!
that the first call at the office of the defendant was nob"
notice of dishonour. _

One or two other uninteresting cases were tried during
the day.

LATEST FOREIGN AND COLONIAL,

PRUSSIA.
BY ELECTRIC TELEGRAPH.
The Rob Roy steamer arrived at Hull on Sunday hi
Hamburgh, bringing intelligence up to the evening 4/.
Thursday, the 23d. inst.

The Ilorsenhalle of Thursday evening contains intellit
gence from Berlin of the morning: of that day. Ti'a
capital was then perfectly tranquil, and the deepest deo'
tion and enthusiasm were exhibited towards the King 11
the inhabitants.