The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-08-29 00:00:00

NISI PRIUS COURT.-SATURDAY,

HORSON AND OTHERS V. 1111ANBY.—The declaration was in
trover to recover the value of certain goods a!leged to be ille-
gally held by the defendant from the plaintiffs. The plaintiffs
are the assignees of a person named Manby, an ironmonger, at
Burnley, in this county; and the defendant is his father, also
an ironmonger, residing at Skipton, in Yorks' ire. In October
last, Manby, whose father had advanced him money to the
amount of .t'7so to commence business, by warrant of attorney
made over the property in consideration of the sum due, he,
Manhy the younger, having at the time corn pitted an act of
bankruptcy; and the plaintiffs, the assignees under the fiat,
now brought their action for the recovery of the goods.—An
arrangement was come to between the parties, by a verdict for
*7OO being taken for the plaintiffs.
FARRELL V. HaitittsoN.—The plaintiff, James Farrell, is one
of the parties who, the other day, were tried before Mr. Justice
Cresswell, and acquitted, on a charge of piracy ; and the pre-
sent action was brought to recover the sun] o. .t,13 10s. for
labour performed for the defendant, Mr. Thomas Harrison.
The plaintiff was the mate of a vessel called the Cora, of which
lessetthe defendant is the owner, and he (the plaintiff) now

• brought his action to recover X 43. 10s. wages for a voyage per-
formed hence to the coast of Africa and back, upoot. at vessel.
The case set up for the defendant was, that the plaintiff had for-
feiteff Ins claim in consectuenceof gross misconduct and flagrant
breach of duty. The particulars relative to the dispute which
gave rise to the present action were published at the time the
investigation on the charge of piracy was heard before Mr.
Ithsliton, at the Police-court. The Learned Jrrlge•said the ques-
tron•was this, whether, in their judgmeat, the plaintiff had a
wed-founded fear of great, and unlawful, and.pensonai violence,
mot whether he slipped the- cable and anchor, which act was
the alleged gross dereliction of duty, trotn that well-founded
-fear ; if so, they must find for the plaintiff, but if they should be
of opinion that the defendant had established the case which he
haffinstrueted his counsel to-set up, their verdict must be for
him. The jury returned a verdict for the plaintiff for .tl3 10s.,
damages one shilling.

CROWN COURr.-YESTEIMAY.
TREASONA BLE CONSPIRACY AT LI V BRI'OOI.,

On the opening of the Court. Joseph eu.dg, Matthew .comers,
.Thmes O'Brien, Francis O'Donn,ll, and Edward Murplig, all
confederates, were chargA with. treasonable conspiracy in this
town. O'Donnell and Somers applied for copies of the deposi-
tions taken before the magistrates; on the ground that they did
not know the precise charge against them, sor that they could
not prepare their defence.
H ns LoRDSH I e said they might hear the indictment read at full
length, and if they wished to, postpone their trial until next
assizes they might; but as they had changed their minds be-
tore, their election must now be final.

After smile parley with counsel, all the prisoners traversed to
next assizes, and were put down.

TRIAL: OF DR. AIMOUALL.

ATTENDING AN ILLEGALIVIRETING, AND USING SEDITIOUS

LA,NG

Peter 3f urraq Doitall,Wiegls,atttilthown as Dr. 3PDonall,
was placed at the bar, charged with having, at Ashton•nndee-
Lyne, maliciously and seditiously, with divers other persons,
to the number of 300, or more; unlawfully and riotously assem-
bled to disturb the public peace. One of the•counts also charged
him with, on the same night, uttering certain seditious language
to the people assembled around him.
There appeared for the prosecution the Attorney-General,
with whom was Mr. Crompton and Mr. Mathews; for the de-
fence, Mr. Sergeant Wilkins and Mr. Pollock. _ _

The ATVORNEY-GENEHAL opened the• case to the jury, re-
peating lunch that had been said in introducing similar cases
that have recently been before the public. Parties had a right
to «-njoy their own opinions, but not tosstter lanuage tending
to sutivert the constitution or law of Ur country. He did nut
believe that the prisoner spike from his sincere conviction, for
he should endeavour to show that lie was a hired, paid lecturer.
He was, moreover, a person of good, education and ability, and
therefore on both accounts he was not entitled to that sympathy
usually awarded to persons who are unpaid, disinterested, and
also uneducated. Letters and papers were found upon the pri-.
cotter which he shauld•produce. He then ran over the whole•
of the heads of the charges against the prisoner, (as they appear •
at full in the evidence below.) He concluded by saving that he.
should prove that the meetings referred to were and
that the prisoner-there, uttered language which was seditious.
The letters found would also prove that the prisoner had.ap-
pointments its various towns, there also to sow his poison
awonust the itnorant and disaff:cted.

Robert Newton, chief constable of Ashton. being sworn, pro-
duced a placard for a meeting on the loth of July at Ashton.
Witness, in consequence, went to the Charlestown Meeting-
house. It was. eight o'clock. A person named Millington
stopped me at the door. The prisoner was not then there.
When I was stopped a second time he was present. Millington
then said it was-not me they refused to admit, but the deputy-
constable;- 1 was then deputy-constable, and had been chief-
constable since When the prisoner came up I was still refused
admittance. I could see no farther than the passage. I re-
mained some time, and left several of my men te watch the
proceedings. The town was next day quite alive, and I appre-
hended the prisoner on the 16th, telling him that I had a war-
rant against him, charging, him with attending an unlawful
meeting and using seditious language. 1. read, the warrant to
him I now produce. 1 found upon him this. memorandum-
book amongst other papers; a paper, entitled "The Sung of the
Soil," from the Irish Felon; a letter from Bradford ; also two
other letters, one of them containing depositions apparently
taken before the magistrates ; all dated the• t4th of Jule.

Cross-examined by Mr. WILKINs.--Millington said, on my
applying to be admitted to the meeting, Dr. M`Donall has said
that officers had before so misrepresented what had been said,
that he was determined that he would not admit them. or
something like this. I did not know if the Stockport news-
paper employs a short-band writer. I employed no short-band
writer. 1 directed my officers to attend about the meeting, to
notice what took place, and give Ines report of it. Dr. M' Douai'
hat spoken at several meetings at Ashton of late years. I
know not how many. I was present at only two. 1 here was
a (list !rbance at one of these, four or five years since. There
was also a tea-party lately at the Town-hall, the proceeds to go
for the eetence of the prisoner on this trial. A Councillor of
the borough had the letting of the Town-ball. (Mr. Wi.hins
wished to infer from this that there could be no apprehension
of a disturbance in the town, when the Town-council let the
hall for his use.)

His Loansuip entirely over-ruled this view of this part of
the evidence.

Abel Swan, tailor and draper of Ashton, said he had the letting
of the Charlestown meeting house, which is let for a chapel on
Sundays, and for meetings on other days. He (witness) was
present at the meeting there on the 10th of July. Most of the
people who went were admitted. The public and reporters
were excluded. The prisoner said something about excluding
the police. A person earned James Taylor, presided. Thos.
Storer, R. Fillan, and others were also with the chairman. The
prisoner also spoke from the pulpit. He spoke about the land
which he said the people must look to for subsistence. lie
alluded to the parks of the aristocracy, which he said ought to
be culiwated. What witness heard was isolated and uncon-
nected. Prisoner announced a meeting for Friday night, and
advised the young men to go to the Chrrtist meeting, and join
the National Guard. At the chose, prisoner spoke of an escort,
and said they should form in procession. He left the place to
a person named West.

•Cros-•-examined by Mr. WILKINS.—Mr. M'Douall speaks
rapidly. It was not he who spoke about the young men (trill-
ing, &c. The chapel will hold upwards of I,t 00. The prisoner
said that in consequence of the great increase of machinery,
the people would be obliged to fall back upon the land. 1 did
not hear him speak of the National Land Company.
Henry Taylor called.—l am a police-officer. 1 went to the
meeting-house on the 10th July, but did not go in The meeting
came out abreast, and in procession. The prisoner headed
them, and was between two others. A man threw up his cap
and cheered, and all of them cheered. (Witness here described
the route of the•procession through various strees.) They re-
turned to the Oddfellows' Arms, where they halted. 'There
were 300 or 400 in the procession lit first, and they afterwards
increased to about 800. The prisoner spoke to them from the
window,saying, " I advise you to organise yourselves, and
practice the Caine manceuvres as your enemies. some regi*-
ments 1 aye revolted Tbere is no fpro. iron, t h.., The t mons
at Woolwich have all revolted in one night. There is a com-
mittee sitting at the Horse Guards to consider their gri
and in a few days there would be a pamphlet issued stating to
you their decision. I wish r;ey would call up the militia, but
they dare not, as we should then have their guns, bayonets,
and cartridges and balls, and they would see what they could
do. 1 tell you there are not 10,000 disposable troops, and what
would these be amongst five millions of people. 1 tell you that
by the time of the harvest, or soon after, we shall have the six
points of the charter and something more." He concluded by
saying, "Organise! Organise I "
Gross-examined.—l have been a police-officer since February,
1846. 1 was a marine twenty-one years and six months. (He
was here asked to write hitt name, which he did in a very shaky
manner.) He wrote his account next morning; handed it to
his inspector, and had not seen it since. (Here Mr. 'Wilkins
wished the witness to write—" form yourselves into sections
and d'visions," &c., but his lordship overruled this mode of
examination.

Inspector Dalglish said he had mislaid the notes of the wit-
ness, but he had read them and they were perfectly legible.
Witness re-called (Taylor.)—The prisoner did at one time
warn the people against any acts of violence.
Dalglish re-called.—He was refused admission at the meet-
ing, which broke up about half-past ten o'clock. They formed
four deep. There was cheering as they started. They went
:thing Wellington-road. Oidham-road, and Old-ro.d, passed
the Oddfellows Henry-street, then Cavendish-street, to Old-
street, back to the Oddfellows' house. MSDowall addressed
the people from the window. I took a note of it immediately
after The note is here. (Witness read it, to the same effect
as stated by the last witness, with some little verbal alteration.)
There was cheering after he had spoken, and the meeting
separated.
Cross-examined by Mr. PoLtocx.—What I have written
down was part only of a longer speech. There are two copies
in the book, one of them written by my father on another leaf.
I was busy and he wrote it at home on the same night, at my
request, as he was a better penman. (Here Mr. Pollock wished
to read to the witness several sentences, which he, with his
lordship's leave, would ask the witness to report the heads
of; but his lordship thought this would not be a fair test. A
sentence was, however, permitted to be read, and a long, poli-
tical, and not easily comprehensible sentence it was, which
witness said he was unable to supply the heads of.) Witness
was questioned as to other meetings, attended by the prisoner
over some years, and which it did not appear were interfered
with by the police.
Matthew Marden, an Inspector of Police, at Ashton.—He
saw two sharp instruments project from the trousers of two
men present. They appeared to be pikes. One in the room
said if lie went in he'd be killed. Another said the reporters
and police had so sworn in London, that they could not be
admitted. They said that had he been Matthew Marden they
would let me in; but he was Inspector Marden. (Witness then
spoke as to the procession, corroborating the previous wit-
nesses. He also repeated nearly the same language spoken by
the prisoner at the Oddfellows Arms.)
The ATTORNEY-GENERAL proposed to put in a small memo-
randum-book, found upon the prisoner, in which there is a list
of towns, and dates appended,—apparently appointments to
attend meetings at those places, also items as if of payments,
wages, &c.,—the object being to prove that the prisoner was a
hired and appointed agent of sedition,—and lecturer. His
lordship had some doubts of this being. evidence, bearing on
the present case. Sonic letters also found on the prisoner
were brought forward. Mr. Wilkins objected to these being pot
in in evidence, as they did not bear immediately upon the
tran factions charged in the indictment—as also did Mr. Pollock.
His lordship considered the letters legitimate evidence, and
they were read :
One from John Cree, to the prisoner, dated London, Gtb July,
enclosing .e 2 Bs.; stating the progress of the trials at London,
for sedition.. Another letter from the same, contained items
for wages, and other payments made to the prisoner. Also a
variety of details of tinnily matters, and advice to go and lec-
ture in towns that invited him and would pay him, and not to
be seeking to get up meetings up and down. The " Song of
the Soil" was then put in, and the attorney-General was called
upon by his lordship to argue the question, which he did. "The
Song of the Soil" was put in against the prisoner, but both
counsel objected to either document, as they contained nothing
but abstract opinions, which it was not shown the defendant
entertained. His lordship decided that the song might be
received in evidence, as it would explain some of the language
used by the prisoner. A copy of a small printed paper, a
number of " The Truth Tidier," was next put in, and wus also
objected to. His Lordship deemed it admissable, anti it was
read. It promised the charter to the people, and stated that
the paper would follow up the principles involved. It also offered
its exertions to bring about a repeal of the Union. The paper
was published in Staley bridge.
This was the case for the prosecution.
Mr. WILKINS then addressed the jury in an elOquent and
vehement manner, going over the whole of the evidence, taking
strong advantage of every point which logically or otherwise
make on behalf of his client. lie dwelt very forcibly and ener-
getically on the political rights, liberties, and immunities of
Lnglishmen, and closed a speech of upwards of an hour's du-
ration, by a powerful appeal to the jury to acquit the prisoner;
first, because the language imputed to him was reported by
ignorant policemen, in snatches.—only portions of the speech,
—which might have borne a different meaning; and, secondly,
that there was no proof of alarm or of riot.
The ATTORNEY-GENERAL then replied at great length in fur-
therance of the prosecution.

His Loansit ie summed up with great perspicuity, pointing
out and defining the meaning of unlawful as‘ein ling, and other
points, as he proceeded. He admitted that it was remarkable
that three of the witnesses, who put in their notes of the words
imputed to the prisoner, should all have hit upon nearly the pre-
cise same words. lt was for the jury to say whether they thought
they had conversed together so as to arrive at thissimilarity, or
whether the passages were so remarkable that they impressed
themselves upon the minds of all of them with equal force.
After reading over the passages seriatim, he thought the latter
case probable. He then referred to the letters as showing that
the prisoner had been hired to itinerate the country, and he
also referred to the Truth Teller, of which one hundred copies
were found upon the prisoner. -
The jury, after retiring a few minutes, returned a verdict of
guilty on all the three counts of the indictment.
His LORDSHIP said the prisoner had been convicted, on the
clearest evidence, of an act of sedition of great magnitude—cal-
culated to strike at the comfort and safety of society. was
the second time he had been convicted of sedition ; and, after
advising him, on his release, to hire himself out in some useful
vocation, as he had abilities, and not to seek to stir up the peo-
ple to disaffection, discontent, and riot, his Lordship sentenced
him to be imprisoned in the gaol of the county two years.

RIOTOUS ASSEMBLING.
John Flynn, 28, James Downey, 33, James 11.100ney,20, Owe*
Gunn, 23, and Edward Birch, 44, were charged with having at
Newton, together with 539 and more, unlawfully and tumul-
tuously assembled together, armed with pikes, sworcis, and
other dangerotrs weapons, thereby creating a great riot, to the
terror and alarm of her Majesty's subiects. It appeared that
oat the 31st of 'Ma), two processions, headed by several of the
prisoners, one from Manchester and another front Oldham,
marched up,. armed, as before stated, and carrying nags,
to Newton toll-bar. The prisoner Flynn headed tile O.d.
ham procession, and Downey was second in coin/nand near
him. Flynn demanded to pass the gate on the high road be-
tween Martel:ester and Oldham. Mr. Beswick, heancoustabie,
was stationed with a number of police. Ike said peaceable per-
sons ntieiht pass, but no one who was armed. Soule of the. root
processwa,showed weapons. He took. One from. the prisoner
Mooney—a_ walking-stick with a pike or dagger at Du: end.
Others showed pikes in the ranks; also a musket with a fixed
bayonet. The prisoners were all sworn to as bring present.
Flynn was appreaeaded same day; Downey was taseu sortie
days afterwards, and in his possession the poiCce foamd twenty
swords, a number of pike heads. a pistol, an-I other weapons
which thonseized. These were produced. Pikes were exposed
for sale ins he window. Those t hat were 'alarmed wereadowed
to pass in single tiles. To put doer: the processions reinforce-
ments of po:iee and soldiers were procure:l. A gent-A:man,
named Homy, who was acting as a special constable, oil his
way to Manchester on horseback, was hurt. Mooney wasgiven
into custody when the Manchester procession came upait the
toll-bar. A witness, Leary, a superiatendent of ponce was at
the toll-tsar on 31st of May: was joined by 14cswick. He satin
the Manchester procession. They had many of them pikes,
and waved them about their beaus. 'I heir conduct Wits calcu-
lated to, produce alarm. The constables drew their swords.
and the shops in the neighbourhood- were•closed. Inspector
Taylor teas also presentrand saw Downey and Flynn. Atnougst
the flags was the Brian Borhu flag. Another inspector saw
several persons in the procession throw stones at Mr. I teary.
The coach in which witness was going out to assist was stopped
by the rioters. (He produced the broken pikes,. handles,
flags, &c.) Mr. John S. Henry said he- and Mr. Simpson
(another special constable), were together, and were sent to the
Town-hall; Manchester, for assistance. some of the men left
the procession and threw stones at him. He was also struck
on the lip. People on the waiks threw stones_ at him, and
(Altars assailed blur with sticks. He received 9 wounds in all.
His. horse slipped, having been severely wounded by. some-
sharp instrument. A Mr. Clarke saw Mr. Henry riding down
the road from the toll-bar, and saw. Gunn throw a stone at
hint. There were three others with hint, two of them carrying-.
pikes. He saw Gunn afterwards with a nag, and had hire:
taken into custody by Inspector Carpenter. A female witness.
Leant Birch say, as Mr. Henry passed,— 'Sto;abitin, he's going
for the soldiers !"

Another female corroborated the last.
Mr. JAMES, who had defended three of the. prisoners, that
addressed the jury in their behalf, at consider:Joie length. and:
with great ingenuity, taking advantage of every uvailabke
portion of the evidence. He argued that it did not,. he
thought, follow, that one or wo parties having, fi a.
procession, thrown stones at Mr. Henry., would imphcate
other parties who happened to be present. He tilongnt
that the only two witnesses against With might be.
mistaken in the man; and, moreover,. he contended that
the first assault alleged against Gunn was a separate
as-
sault. rit a different spat, and under dilferenz circumstances,
and that as but one assault was chareed in the indictment, he
did not see that the same count could involve another- charge.
He contended that there was nothing Mega! in a quiet prcxes-
.sion, even if they carried pikes or other weapons. He knew of
no law to prevent this, and argued that there was nothing
riotous or tumultuous in the procession. lie slit:mid call one
witness.
Mr.. Fry appeared.for Flinn and Mooney, and spoke ably in
their behalf, with regard to the assault. Fiinti was not present
when the assault took place. (This his learned friend on the
other side just intimated to him.). The police were armed, (a
new custom,) tuni the defendauts thought they had as good a
right to carry arms.
Joshua aniwoodie was called by Mr. JAMES, but said
nothing that could make in behalf of Gunn, as he had lost
sight of him, for a few minutes, at about Site time Mr. Henry
was attacked. About 12 o'clock Flyn passed hint and witness
spoke to him. lie immediately saw a gentleman mounted,
whose fie was cut. He saw no stones thrown, and Flynn was
not then. with the procession.
Thomas Flynn, brother of the prisoner, said he saw his
brother in Oldham-road, but the latter was sp,etking to a
person on the roan. He afterwards saw a gentleman riding
with. his face bloody.
Mr. PoLeocK addressed the jury for the prosecution. It was,
enough to show attiatimidating spirit on the part of an assem-
bly, without any act of violence. Twenty or thirty pikes were
helu up anti waved over their heads, and they proceeded to
other acts which alarmed the neighbourhood, so that the shops,
were closed, and all was terror and alarm. Some of the in-
habitants had locked up their houses and gone away,
The Learned .lUDGE summed up, exp.nnung the law on the
two charges in the indictment—first, the riotous assembling;
and, second, an assault on a special constable. His Lordship
very succinctly summed up the evidence.
The jury found Flinn, Downy, and Mooney guilty of riot;
Gunn and Birch guilty of both the riot and the assault.
Sentence was deferred anti, to-day.
[A vast number of swords, pikes, sticks, guns, bludgeons
&c., were brought into court in this case, taken from the riot'
ers, some of them very formidalye weapons.]
This terminated the criminal trials of these assizes, and the
court rose at half-past seven o'clock. His Lordship, after dis-
posing of some applications for bail, will this morning take
some civil cases.

NISI PRIUS COURT—YESTERDAY.
His Lordship took his seat on the beach at ititte o'clock, and.
proceeded with the special jury cases.
_ .

BANKEkS' ACCOUNT.
HALIFAX AND OTHERS V. IiItoWNRIGG AND OTHERS.—ThiS
was an action to recover the balance due upon a promissory
note endorsed by the defendants to the-plaintiffs.
Mr. Martin and Mr. Crompton were counsel for the plain.
tiff's, and Mr. Watson and Mr. Hill for the defendants.
Mr. MARTIN stated the case to the jury. The plaintiffs were
Messrs. Glyn, Halifax, Mills, anti Co., and the defendants
Messrs. Cockerel! and Co., formerly East India merchaids, the
firm consisting of Mr. Cockerel!, Sir George Larpent, and Mr.
John S. Brownrigar. The defendants, Mr. Cockerell and Sir G.
Lament, bad suffered judgment by default, and the simple
question for the consideration of the jury was whether Mr
ownrigg was discharged from his liabiiity upon a certain pro.
missory note for .155,00 t, a balance upo7. which was still due. H.
believed that Mr. Brownrigg was acting under some misappre-
hension respecting the case, which he (the learned counsel)
hoped would be removed when he explained the whole of the
circumstances, which he would shortly do. The house of
Cockerell and Co. was one of the lai,est Last India houses in
the country. In 1843 they borrowed from tine plaintiff,
£lOO,OOO, which Wne reduced, in July, 1846, to -i50,0e0, when he
arrangement ,vas made for its liquidation by three instaii-----
Abaai that time Mr. Wilson, who was a partner In o,n4!'„"V".;.!:
tent Candle Company, owl to tine Cofirm of ckerell and Co.
the sum 0f 415,5(10, and he gave to Cockerell and Co. two pro-
missory notes for .t'io,ooo each. The Patent Candle Company
had then been transferred to a joint-stock company, and Mr.
Wilson had 1300 shares allotted to.lnim as his share of the con-
peeh
reri
enioi
promissory
onlricyeteit:.le:ol tiiteieottsti
Ichifteaoirai sfeuly, Mr. lnia.t7ciaio,9ll7:sinientod,be:ei number of
nosala;aaeerbt
eettrseoatail
siltoieoetemtcueorttlicf ty,.
00.
the 1300 shares in the company were deposited. in order to
negotiate these notes, the shares were transferred to Mr. Wel-
lington, one of the clerks to Messrs. Glyn and Co., hi trust for
the benefit of the plaintiffs. On the 20th July the promissory
note for at. 50,000 being two or three months over due, a settle-
ment was required, when it was arranged to place certain seen-
rities in the hands of the bankers, and amongst others 1828 •
shares in the Candle Company belonging to Mr. Brownrigg.
Sir George Larpent, however, by some mistake, agreed to trans-
fer to Mr. Wellington, on behalf of the plaintiffs, 3123 shares, •
which included the shares belonging to Mr. Wilson. The
question therefore now was, whether the shares belonging to
Mr. Wilson should be applied in payment of the debt due by
Mr. Brownrigg, or to the payment of Wilson's own.
[The agreement between the plaintiffs and Cockerell and Cc.
was then put in and read.]
Sir George Larpent was then called, and he stated that he
was a partner in the firm of Cockerell and Co., of which Mr.
John Studham Brownrigg was a partner. He retired at the
end of 1816. At that time Mr. Win. Wilson owed the firm
£19,500, which he and his partners wished to realize, and in
accordance with which an agreement was entered into.
[The agreement was putt in, which secured 1,300 shares in
Price's Patent Candle Co. and along with which, two promis-
sory notes of £lO,OOO each were given by Mr. Wilson to Cock-
erell anti Co.]
The witness continned.—On this arrangement being made
and the 1.300 shares transferred to Mr. Wellington, clerk to
Messrs. Glynn, the two notes were discounted. The firm of
Cockerell anti Co. were also indebted to their bankers, Messrs.
Glynn and Co., to the extent of £50,000, and an arrangement
11 was made in July, 1546, to pay this by instalments of ..115,000
in October, .4'15,000 in November, and £20,000 in December;
in addition to which, a box containing valuable securities was
deposited, amongst which was a debt of William Wilson, a
partner of Price and Co. Price and Co. afterwards sold the
concern to a joint-stock company, each of the members to
have shares to the amount of interest in the concern. His
(witness's) impression was that tine shares of Mr. Brownrigg;
the patent candle company, amounting to 1823, were to be de-
posited as security for the debt of .t'50,000 due by Cockerell and
Co. to Glynn, Hallifax, Mills, and Co.
Cross-examined.—Air. Brownrigg did not take any active part
in the concern after the end of 1845, but he did not go out of
the concern until the end of 1846, and he was to have £3OOO as
his shre of the profits for that year. The Patent Candle Com-
pany was a very profitable concern. When the box of secuti-
ties was last deposited with Messrs. Glynn and Co. they were
estimated at considerably more than .1250,000. The bill for
.150,000 became due in May, 1847, and was held over by Glynn
and Co. On the 10th July that year security was given for
.elOO 000, on condition that about ,e 30,000 above the £53,000
then due should be advanced, and, in addition to which, the
box contained securities to the.extent of about £340,0e0.
Mr. Wita sox, on behalf of the defendant, stated that the cue
that he had to make out in behalf of Mr. Brownrigg, for whom
alone he appeared, was that there had been a payment of
note of £6270 11. s. cal., which was due to_thaebut
£46,543 2s. 7d., leaving
plaintiffs on the
Britte vi•asa balance due upon the promissory_
thatt' admitted by the plaintiffs. Then
14th August, 1848. That there was4ieo
cdocinutbetnde
pro-
ceeds of the 1300 shares belonging to Mr. Wilson more than
covered the balance due by Mr. Brownrigg, and he contended
that was a question for the Court to decide upon, from the evi-
dence adduced, and was not a question for the jury. He was its
a condition to prove that the plaintiffs had already realized
,C 6400 on the shares belonging to Wilson.
His LORDSHIP ruled that as the 13,0 shares belonging to
Wison had not been appropriated by him to the payment of
the particular debt of £50,000, it was in the option of the plait -
tiffs to appropriate the proceeds of these shares as they though t
proper. .

Mr. WATSON wished it to appear upon his Lordship's notes
that he contended that the question was one for the considera-
tion of his Lordship, and not for the jury, and that, therefore,
he declined to address the jury on the subject.
A verdict was then entered for the plaintiff for £6270.
Mr. MARTIN applied to his Lordship for speedy execution.
Mr. WATSON said the application was a most oppressive pro-
ceeding, more especially as it was in evidence that the:plaintiffs
held a considerable amount of security already.
This led to some discussion, and eventually it was agreed
that speedy judgment should be signed, but that execution
should not issue without an order from the judges.
BELL (P. 0.) V. LORD I scEsTRE.-LThis was a special jury
cause, and being called on, Mr. WATSON asked for its post-
ponement, on the ground that a witness, who had come from
London to prove some material facts, Lad gone into Cheshire
to see his friends. _ _ •

His LORDSHIP said it was his duty to be present, and the
case ought to go on, and if the witness did not appear, he
should be called upon his subpoena.
Mr. WATSON said he could not do that. If his learned
friend persisted, there was no other course for him to pursue
except to withdraw the record.
M. MARTIN said his clients were fully prepared to try the
case, and all their witnesses were attendance. He, how -
ever, would not object to the case being postponed for the day,
if the Counsel would undertake that the witness in question
should be called.
Mr. WATSON said be wouldnot undertake that, as the at-
torney who instructed him, was not present.
His LoansumP said the attorney acted very improperly in
not being present.
The case was then withdrawn.
BROKERS COMMISSION.
FORSYTH AND OTHERS V. GROVES.—This was an action
brought to recover 41003, being the amount due to the plait-
tiffs, as their commission on business transacted by the plain-
tiffs for the defendant. The plaintiffs were share-brokers in
Liverpool, and the defendant a merchant in this town also.
He was formerly one of the provisional committee of the Liver-
pool, Ormskirk and Preston Railway, now amalgamated wi h
the East Lancashire Company, the latter being in reality the
defendants. The defendant paid 4'273 into court, and as to the
residue, pleaded not indebted. The claim of the plaintiffs was
for a per centage of 28. 6d. per share on those shares which had
been applied for through the plaintiffs, who were brokers in the
company, and Is. 3d. per share upon other shares which the
(Concluded in the Eighth Page.)