The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-08-18 00:00:00

STATE OF TRADE.

-
TRADE AT LEEDS.—The cloth trade in this neighborhood
continues very steady, and it is expected that a few days will de-
velope" the nature and extent of the demand for the autumn and
winter trades, as the London buyers generally come dOwn iu
considerable numbers about the beginning of September.
BRADFORD MARKET.—There is little alteration to note in the
transactions at this market. The demand for both mann-
factored goods and wool has been, if any thing, not quite s"
brisk; but there is an average business doing in yarns of par-
ticular qualities. The stock of goods is very low, so that any
follow the settlement of the struggle
betweenilneffi°vtheent merchantswhiehmay
and the wool factors now going on wit'
be immediately felt by tne manufacturers.

HUDDERSFIELD.—The market on Tuesday was flat ;. prices
continue the same as those lately noticed.
BARNSLEY LINEN TRADE.—A correspondent in the Mercury
of last week again asserts that from three to four hundred wea-
vers might find employment. , It is due to the readers otihat
journal, and to the poor operatives who might he induced by it
to travel a great number of miles iu the hopes of finding eMplor:
ment, to state that a correspondent assures 114 there is no: truth
in it. The fact is that better kind of goods are not so muds wart-
ted as they were a few weeks ago. Though goods of a !owe! de,
scription are more inquired after.

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AUGUST is, 1835.

LIVERPOOL. ASSIZES.

ARRIVAL OF THE JUDGES,

The arrival of the judges, for the purpose of holding the first
eize ever held in the borough of Liverpool, forms an import-
ant era in the annals of the town, and excited an extraordinary
degree of anxiety among every class of its inhabitants to wit-
neas their approach, and to receive them with all the respect
due to their high office and distinguished personal character.
At five o'cleck on Saturday it might almost be said that all
Liverpool was on the move towards the judges' house in St.
Ann-street, and from thence to the end of Boundary-street
where that street terminates in the north road. The crowd
however, did not extend much beyond the end of Netherfield-
latle. At the open space at this point of the road several car-
riages were drawn up full of well dressed company, all anxious
t° see the judges. A great number of gentlemen on horseback
Proceeded on to Walton and other places beyond that village ;
Indeed, from half-past four to half-past five o'clock, it appeared
4" if all the saddle horses, gigs, cabriolets, and coaches of the
t 01551, whether public or private, were on duty, from the immense
number that were to be seen out at that time.
Between four and five. o'clock the constables of the town,
mounted on horseback, and clad in their full livery, assembled
On each side of the Town-hall, from whence, headed by his wor-
ship the Mayor, and the other public" functionaries, they pro-
ceeded to the King's-Arms Hotel, which has been engaged for
the Present residence of the High-sheriff, Thomas Clifton, Esq.,
0. Lytham-bait. At about half-past five the latter, preceded by
hi* trumpeters and javelin-men, and escorted by the Mayor and
uttnerous train of carriages and gentlemen on horseback, set
forth on their mission to meet the judges at the extreme
"urinary of the borough, in Scotland-road. On the way thither
the procession was swelled by numerous carriages and gentlemen
5151 hotsebac'k who joined it at different stations on the road.
e arrangements for themeeting, for the speedy formation of
the procession, and for the prevention of all confusion while it '
was gathering in array, and, subsequently, for its easy and
Pleasant conduct through such a mass of persons, to the judges'
lodgings in St. Ann-street, were admirably mana&d, under
the immediate orders of the Mayor, and ably carried into effect
by Mr. Parlour, the superintendent of police. The carriage of
the sheriff took up a position immediately beyond the new
EouedarY-street that. he Might meet the judges and lead them
into like.toverr, s:oad on the town-side of
the same street, immediately within tireli;aadiy, acid behind
This extended a very-long line of carriages, containing nearly all
the borough and county magistrates, and an immense number
the most respectable merchants and gentlemen of the town.
•Itantediately following the. Mayor, were ,the reverend Rectors
Broreki and Campbell, in his Worship's private Carriage.
Ajout %/minutes past six o'clock some outriders who galloped
Past the end of Netherfield-lane gave notice that the judges
Were near at hand. The crowd at, this period was so dense
as far as the eye could reach in the lineof Boundary-street
it presented a continued solid rtaSS on either side of that road.
Along this line parties of the dock and night police were sta-
aietted to preserve order; but the crowd, although anxious, were
a° perfectly peaceable that not the slightest confusion took
Prate, A few minutes before half-past six the judges, Sir
Nicholas Convnghain Tytidal, Lord Chief Justice'of the Com-
Inou Pleas, and Lord Abiuger, Lord Chief Baron of the Ex-
chequer, drove past the end of Netherfield-lane in a traveliing
e •
harlot and four at a rapid. pace, and were received at the
boundary by the two under-sheriffs,— Rawsthorne and Wil-
Esqrs., and invited to ascend the carriage of the former.
The procession then set forth to the residence provided for the
judges, in St. Ann-street, marshalled in the following ordel*
The two trumpeters of the high-sheriff, twelve yeomen, aimed
'with javelins, the carriage of the sheriff, that of the under-
eberitfv, the Mayar's state carriage, the Mayor's private car-
riage, and a very extensive train of private carriages, egoes-
triaus,
When the cavalcade arrived at the termination of its•journey
in St. Atm street, an introduction took place of the judges, &c.
tn his worship the Mayor, who, with the high and under-sheriffs,-
s'ion afterwards took his departure, leaving the former to that
sePoee,which they so much needed after the fatigue of the day.
On Sunday morning the judges. sheriffs, the woschipful the
Mayor, aldermen, and common council, with their attendants,
l'eoeeeded—the former from St. Ann-street, and the latter
from the Town-hall, to hear divine service at the Church of St.
Georg[;, which was crowded to such an excess that hundreds of
'eighty-respectable persons were under the necessity of turning
back, being unable to obtain admission. The Bev. Mr. Monk
officiated at the reading-desk, and the Rev. Mr. Leigh at the
• communion-table. Te Deum jubilate Dee. and some other pieces
'were beautifully sung by the choir belonging to this church.
'The ern wai.preached by the sheriff's chaplain, the Rev. R.
11. B. Robinson, of Lytham, from the following text, taken from
the xvi. chapter of Deuteronomy, 18th, 19th, and 20th verses :
"Judrss and officers shalt thou snake thee in all thy gates,
which the Lord thy God giveth thee, throughout thy tribes :
and they shall judge the people with just judgment.
" Thou shalt not wrest judgment;- thou shalt not respect per-
sons, neither take a gift : for a gift cloth blind. the eyes of the
and pervert the words of the righteous.
". That in iC;fzetiar just shidt- than fellow, Wet tbou
inayest live, and inherit the land which the Lotd. thy God givoth
asee ~ •

The reverend preacher commenced his discourse by some ad-
, Mirithle and well-timed allusions to the appointment of judges
nailer the Mosaic dispensation, and the emphatic manner in
which that divine lawgiver had enforced the. necessity of exe-
tuting strict justice between man and man ; this was not ,only
brie stoetrine of the bible, but of our Saviour himself and of his
hPostles. Under these divine sanctions, judges were cora-
• "waded tosadminister strict andimpartialjustice, toaacrifiee all
Parsonal regard and feeliugs, without being influenced by gifts,
'Sr awed by power. These being the duties of judges, those who
• !Ire appointed to fill those high and dignified situations should
"a men remarkable for their piety; men who would act for con-
!science sake ; •and a people committed to the charge of such
Judges would be prosperous and happy. If judges were not to
execute justice, the strsug would tyrannize over the weak, and
nothing but contusion a.od misery would ensue. The duty of
submission to these constituted authorities was as generally en-
Joined in the scriptures as their appointment, and St. Paul had
"id, "let all be subject to the higher powers, 'bleause they are
of God." was necessary that he should say thus much of ho-
ttlrjudicature to show its divine. origin and its °necessity.
hile contemplating human tribunals he would urge them to
raise their thoughts to that greater tribunal where everything
tee
be laid opens—the sins of omission and of commission;
lee sins of thought, and the sins of action. When in au earthly
court they sawa criminal brought to the bar of justice; when
sttl•2a saw his' secret offences laid bare and published to the world.
h
e)* should think of the great tribunal at the latter end. Here
Judgment was liable to error,-.---there, certain and free from ei•-
"s3r ;--there it will• he impossible for guilt to escape. or inno-
eetice to be punished wrongfully ; there all must be judged;
t,riet account will be required alike from the poor and the
rich, embracing, the trifles of infancy, the follies of youth, and
the vices of old age. 'I here all sins might be forgiven ; this,
'udeed, was often the consolation that a Christian judge might
offer to a criminal when passing upon him the a.wfui sentence of
'condemnation. The rev. gentleman, in conclusihn, addressed
'exhortations to those in authority, and to those in a humble eta-
t.,ifio• To the former he Suid, if they failed in the discharge of
"lair clotys—if,their buttibler brethren saw dip neglecting the
Precepts of the gospel, the sins of nil those who followed their
c'xainple would be laid to then charge; he, therefore, exhorted
•:hent to let their light so shine as to adorn their doctrine. The
.utter he exhorted to watchfulness; to let the Scenes they would
witness impress on their recollection the eternal judgment; to
consider the certainty of that day; to meditate upon and dread
the Consequences of meeting their God in an unprepared state."
At the conclusion or the-service, an immense crowd had as-
sembled in Lord-street and. Castle-street, to witness the egress
,of their lordships' and, suite, who returned to tae lodgings of
the former in St. Ann-street, while thel Mayor proceeded to
111* Town-ball, each in the same order as that in which they
wens.
. We are informed that the judges acid the sheriff have ex-
Pressed tile-highest gratification at the reception which they have
met with in this town. The excellent regulations made by the
Mayor, and the very orderly conduct of the Liverpool populace
'have
been subjects of their highest eulogium.
Among the new roles end improvements carried into effect
•")" his worship, for the regulation of the law courts, that which
Provides for the admission and accommodation of the reporters
`sr the press is not the sinallest,in point of importaeces nor will
't stand least in the estimation of the public. isthe second
time that we have taken necasion'to direct 'attention to this sub-
ject, ant we trust thecae excellent an example will not be lost
uPon the succeeding o"enpants of the civic chair. •
• At ten o'clock nit Monday morning, Chief Justice Tyndall
;?ntered the Crown Court, attended by T. Clifton, Esq., the
high sheriff. The costontary forin of calling 'over the roll of
!Magistrates, &c., having been gone, through, the following gen-
Menten were sworn of the
GRANT JURY.
lion. R. B. 'Wilbraham, M-Pc, Foreman, Blythe Hall; Jas.
s&spinall, Esq., Mayor of Liverpool; Jos. Ashton, Esq., Wool-
't"n ; Peter stinsworth, Esq., ALP., Sinithells; Sir Thos. B.
nisch, Bart., the Haziest J. Ireland Blackburne, Esq., M.P.,
"ale; Hugh Ilornby Birlev, Esq., Swinton ; Blun-
'llell, Esq., Crosby • Thomas Case, Esq., Thingwell Hall; J.
Rntwisle Esq. Foxholes; WM. Garnett. Esq. Lark Hill;
11. Bold, floghton;, Esq., Bold; R. Gregge Hopwood, Esq.,
'lls,pwood; G. J. Gregg Hopwood, Esq., Ditto; Benjamin
file wood Esq ,
e Claremont; Chas. Horsfall, Esq., Everton
lC;
has. Lawren, Esq., Wavertree Hall; R. J. J. .Norreys,
"q.) Davyhulme; Clement Royds, Esq., Rochdale; S. Sta.
niforth, Est ~ Everton; Humphrey Trafford, Esq., of Trafford.
The proclamation against vice having been read, Chief Jus-
tice TYNDALL proceeded to address the Grand:Jury. He said
that his Majesty having been pleased, by advice of his PriVy
rs ‘-euncil, to direct that the commission of assize and gaol de-
livery, which had usually been held in one place only, should
!tl, future be held 'both in Lancaster and Liverpool, it became
his duty on the present occasion to address the grand jury in
that court. He should make no further observation on the
alteration save this, that be thought, nay, indeed he most con-
fidently expected, that it would be productive of all the advan-
tages which its promoters had calculated from it. It was im-
possible not to foresee that the very great diminution in pri-
vate expense, in conducting suits through a tedious process of
'iligation, would be avoided, now that the necessity was taken
away of carrying witnesses and other persons to distant parts
of the county; and at the same time there would be a very
material reduction in point of expense in the prosecution of err-
mivata for the same reason be obtained. Before he
quitted this subject. be felt bound to sa and he felt the greatett
satisfaction in making the declaratioy, n, that the arrangements
which had been made in Liverpool, in pursuance of the order
which required that proper courts should be prepared for the
administration of justice, and proper lodgings be provided for
his Majesty's judges, were of the moat commodious kind. The
courts, as far as he could see, were admirably adapted for the
due administration of public justice; and the accommodation
for the judges and their attendants was conformable to the
spirit of liberality' which might well have been expected in this
ancient and opulent community. Although he ss as .addressing
the gentlemen before him as now performing the duty of grand
jurors in the southern division of.the county, yet they had pro-
bably observed, in the form of the oath which had been admix
g4itt'?Tsl to them, that they were sitting as jurors for the 1)040f

the county. It had been foreseen that many cases would occur in
which the commitment of offenders, although the offence had
taken place in the other division of the county, was better suited
for this; or again, circumstances of an unusual nature occur-
ring after the persons had been committed, might render it
more convenient to take them for trial to this rather than the
other division. If, therefore, the jury had not been sworn for
the body of the county—for the north as well as for the south—
they would have failed in jurisdiction over offences committed
in the other division. He could not but express his sincere
regret that, though the calendar was small in point of number,
there was a large proportion of serious and heavy cases, and he
should proceed now to single out a few of them in which alone,
so far as he could perceive, it would be necessary for him to
make any observation to aid the conclusions of the jury. There
, were three cases of wilful murder upon the list. The first was
that in which a person, named James Barlow, was indicted for
the wilful murder of his wife, and upon this it was unnecessary
to offer auy observation. The second was that of Jane Board-
man, indicted for the murder of an infant, James Boardman,
and in this it would perhaps be well to point out a few circum-
stances which might arise in evidence, in order to see whether
the testimony was such as would render it compulsory on the
jury to bring in a bill for the greater offence of murder, or for
manslaughter only. In the first place, lie should state that the
person charged as the, victim of this atrocious offence was a-
child just born, and much of the evidence related to the death
of the mother, which took place very nearly at the same period
of time. He called their attention to that fact at once, in
order that they might discharge it from their minds, the death
of the mother having no connexion with that of the child, that
having occurred, as it appeared, from the want of proper medi-
cal care and attention. l'he party charged with the death of the
child was the grandmother. It was alleged that the child was
illegitimate, and this fact, of course, was calculated to excite a
great degree of jealousy as to the sudden death of the party.
It further appeared, that the grandmother, being in a state of
intoxication took the child from its enother, and very shortly
afterwards some person coining into the room, found-it dead,
There were no great marks of violence upon the body, and the
point for the jury to inquire into would be whether there were.'
any antecedent circumstatices ffroin which a jury would feel
bound to say that malice had been engendered in the mind of
the person charged with the crime, and to induce the belief that
this was• a malicious act. A person might, from carelessness
or negligence, produce the same effect as from' malice, and the
jury must therefore bear in mind the possibility that this might
have arisen from another cause than the one which was im-
puted. If the jury were satisfied that the death had been occa-
sioned by malice on the part of the prisoner, then the fact of
her being drunk at the time would make noolifference in her
guilt. The third case of murder was one in which a person,
named Elijah Mayers, was indicted for the murder of Mary
Eastwood, and there was some singularity about this case from
the Mngth of the time which had occurred before it was brought
forward for judicial investigation. The alleged offence took
piece seven yeeossoigo, in
,1825. and the principal witness
was ea person, whileatalest hi cif to hive en epic the•Lipot
at the time, and to have seen the offence committed. This
was a singular circumstance; 'and nt the same time it ap-
peared that the prisoner had been living much in the neigh-
bourhood where he was before that time. Undoubtedly evi-
dence which had been so long concealed would require some con-
firmation, for the jury would look with caution upon testimony
brought forward or kept, back to suit the purposes of a party.
Some consideration was also due as to who the person was or
what occurred at the time.' The cause of death was a blew not
with any instrument likely to cause death but with the hand,
and, therefore, it was for the jury to say under all the circum-
stances—after the parties had become intoxicated and quarrelled
—whether the case would be one of the slighter form or whether
it would range as one of deliberate murder. There were three
other charges of an, aggravated kind, two of which he should
leave entirely to the consideration of the jury, who would judge
from the appearance and the mode of the evidence of the par-
ties bringing the accusation whether their evidence was of a
. nature to which they could give their confidence; with respect
to the one which stood first, that of Richard Lord, who stood
charged with the same_ offence, they would judge when it came
before them whether itwas supported by that species of evidence
which the statute prescribed as necessary. The statute to which
he referred was 9th Geo. IV., cap. 31. sec. 18., and so far as he
could see from the depositions there was considerable difficulty
about bringing forward such evidence. It was always matter of
regret that charges of this nature were brought under the eye of
the court : unless they could be Carried to some certain con-
clusion it was much better that they should be withdrawn from
public notice. In this case the party was charged not only with
rape but also with the robbery of the person. If, therefore, the
bill for the greater offence was ignored the court would direct a
bill for robbery to be prefei red. There were also four cases of
malicious wounding, three of which were of the ordinary kind,
and upon them, therefore, he should not trouble the jury with
any observation; but in the case of a woman named Murrow,
charged with throwing vitriol upon the face of a person, there
might possibly be some doubt whether a wound inflicted after
this particular mode was in the contemplation of the legislature
which framed the act. The statute passed in the reign of George
IV. repeated the words of the old statute, and there seemed to
be some doubt whether the liquid was intended to burn the
clothes of the prosecutor merely or to wound hie person also.
The proper course, therefore, for the jury would be to inquire
whether the vitriol was levelled at the person of the prosecutor
with a knowledge at the time of the nature of the liquid, and if
they were satisfied of that fact he should recommend them to
find a bill. If afterwards any arguments should arise upon the
construction of the statute, this court could hear and determine
upon ahem. With these remarks, which were heard with dim=
tpoke, hislty,an lordshipd the
low tone of voice in which the learned judge
dismissed the jury.
A sheet time afterwards they returned into court with a true
bill against John li'dker, 17, charged with burglary.
Mr. BRANDT conducted the case, which was destitute
.of in-
terest. The prisoner was charged with having secreted himself
in the house of a shopkeeper, named Charles Dane, at Staley-
bridge, and In the course of the night stealing a large quantity
of copper and some other property, with which he broke out of
the douse. He was found Guilty of larceny but not of burglary.
Sentenced to seven years' transportation.

HORSE STEALING.

Thomas Carr was indicteefurstealing a mare, the property of
Edward Lewis, and.Johti ,Evans with receiving it, knowing it to
have been stelen....On the inclining of the 4th of June, a mare
liettinginglo Mr.,Lewis was stolen fiom a field adioining his
house, at Northop, im Fliatoltirei a pursuit was uninediatel v
instiuted, and it appearing that it man riding such a mare had
'passed through a neighbouring turnpike towards Chester,
Lewis followed and traced her on to Manchester. Ou the
morning of the sth of June he found his mare at the latter town
in the custody of Bewley, the police-officer, who had seized her
in Granby-row, under the suspicion that she was stolen, whilst
Evans, one of the prisoner', was
,riding ber. The mare was a
valuable animal.. The jury foun Carr Guilty but Acquitted
Evans. Carr was.sentenced to transportation for life..

BIANSLAUGHTER. • • •
Jax. Robintopt, Peter Aforpan, Robert Clarkson,-Thos.&an,
and Jacob Beresford, were indicted for killing and slaying Jas.
Bather Hope, at Manchester.
Bleaze lives in Bradford, near Manchester, and is an
engineer by trade. _ .On Sunday, the 19th April, he saw a crowd
of persons assembled. in. a' little meadow, about 130 yards from
his house. There were 41) or 50 people at first.- He went
towards them, and bad them not begin to fight, or he should
send for a constable. This was betweeh four and five o'clock.
Two men were then stripping, Robinson and the deceased.
Some •of the crowd said they should not be more than five
began making a ring.- Before they began
tmoifinguitiets,,Robinson and the deceased shook hands; at the same
time Robinson hit the deceased on the side of thehead. They
had four or five rounds—a fair stand-up fight. Robinson then
hit the deceased on the side of the head; he fell, and seemed to
have no help of himself at all. Ile never spoke afterwards.
Blood issued from his mouth. They got a handkerchief and
some water, and bathed his face with it. He was quite dead.
Witness went for assistance to Mr. Hyatt's, and returned in
Ave or ten minutes, when he found the deceased lying where
he had left him; Robinson was not there. They took the body
to a beer-shop, and removed it afterwards to the Gi ay Mare.
Morgan was the man who made the ring with his stick. Clark-
son was there toov he had his coat off; and was aside of the de-
began to fight. 111‘Kran bathed the breasts
(a•enadsehdeaw(hi
se n they o
ftlie
men between the rounds. There were not
above a dozen or fourteen people on the ground when the wit-
ness came back from Mr. Hyatt's, and some of the prisoners
were-among them. ,
The next witness, a boy, who saw:the fight, said Robinson
seemed very sorry. and said, "Oh dear, I've done his job now.
I'll go and -fetch him a glass of brandy and water."
Other witnesses were called to state the share which each
prisoner had in the affair.—Guilty—two months' imprison-
ment.

NISI PRIUS COURT.
The court for the trial of civil causes commenced yesterday
morning, at 'ten o'clock, before Lord Abinger, and a respect-
able jury. The court was crowded to excess in every part, and
the gallery filled with elegantly dressed ladies. It looked ex-
ceedingly well, and, notwithstanding its crowded state, there
nas no want of accommodation' for either barristers or attor-
nies---the number of the former attending this court might ex-
ceed eights. On the bench, during the day, we noticed James
Aspinall, Esq., Mayor of Liverpool, Peter. Bourne, Esq., John
Bourne, Esq., 'Wallace Currie, Esq.,. John Bentley, Esq., end
other county magistrates.

_
DENsoN r. WiLLiAMSON.
This was an action to recover from the administrators of the
late Mr. Williainsou, an attorney in this town, the sum of
ths. 9d., being a balance due Co the plaintiff, on the sale of
his goods under a distress warrant, which it was alleged had
been placed•into the baud.; of the late Mr. Williamson:, •
Mr. ALEXANDER having stated the case, Mr. CROMPTON
called
Charlotte•O'Neil.—ln March, 18.33, I lived near the plaintiff;
Benson, in Upper Beau-street. t was sent for to the house of
Mr. Benson in March, 1833. When I gut there, I found Mr.
Mpurr and another bailiff. They staid there from Saturday to
onday, and an advertisement was printed advertising Mr.
Benson's goods for sale on the Wednesday following. Mr.
Spurr subsequently took the goods away in a . cart, and they
were not sold upon the premises. The key of the house was
taken away by Spurr, and the plaintiff anti his wife went away.
By Mr. ALEXANDER.—The rent was-128 per year.
James Benson, son of the plaintiff, sworn.—l remember any
father entering the house in Upper Beau-street in August, 183`2.
The rent was £2B per annum. I did not live in the same house
with my father. I recollect the goods being taken from the
house to a sale-room in Manchester-street, where I saw them
sold. The produce of the sale was upwards of £3O. After the
distress was put in, I weot to the late Mr. Williamson, an at-
torney in this town, and saw him. Mr. Williamson asked me
what I wanted, and I told him it was about the distress. Mr.
Williamson then said that he had received his orders from Mr.
Howton, and I must go to him. I went to Mr. Ilowton, who
refused to answer me any questions, and referred me to Mr.
Williamson. On returning to Mr. Williamson, that gentleman
asked me if I had a wife and family, and on answering yes, he
said it would be better for me not to interfere between man and
wife. I did not see the money paid over to any one.
Charles Chester sworn.-1 am an assistant to Mr. Spurr. On
the first of March I received a warrant of distress from Mr.
Spurr, and took possession of the plaintiff's property. I re-
moved the goods to Manchester-street by direction of Mr.
Spurr. I paid to Mr. Williamson a balance of about L•I, but
the receipt has been mislaid in consequence of Mr. Sperr's
death.
The warrant of distress and correspondence of the parties
were then put in and read by the clerk.
Mr. George Spurr sworn.—l am son of the late Mr. Spurr, a.
bailiff. I remember a receipt having been given by Mr. Wil,
liamson for £3. the. l ld., being the balance due from Mr.
Benson's sale. The receipt has been since lost. The book
produced contains an entry for that sum.
Mr. Weighlman was about addressing the jury for the de-.
fendant, when he was stopped by the Judge, who 'directed a
nensait on the ground that the action should have been brought
fur an excessive distress. Nonsuited accordingly.

SUTTON V. BRAf!CICISR.
This was an action brought by the. -plairititt, a vitriol Manu-
facturer in Liverpool, against Alderman Brancker, defendant,
to recover darnagesatatained by the plaintiff from the defendant
for injury done to a horse and gig.
Mr. Botch, with whom was Mr. Alexander, stated the case,
and Mr. Cressuell appeared for the defence.
Mr..A.tr,..asvprt: stated that the present was an action that
svigbt !►re 403 settled out of court, which would have beep's

much more creditable course, considering the respectability of
the parties concerned, had the defendant been agreeable to do
so. The defendant, Mr. Brancker, was a gentlemen of high
respectability, and, he believed, an alderman of the borough; •
and the circumstance out of which the action arose occurred on
the 26th of February last. At that time the plaintiff was pro-
ceeding towards home in a gig with his wife, when he observed
on the road a cart and a pbaston. The carriage was going at
full drive in the middle of the road on the paved part, there
being a portion__ of the road paved, and another coveted with
ashes. When the phaeton came up to the gig, from some inju-
dic.ons driving of the coachman, or probably from entertaining
an idea that a phaeton had a greater right to the rood than a
gig, instead of allowing room for the gig to pass, it came forci-
bly in contact with it, upset it, and threw Mr. and Mrs. Sutton
into the road. Mrs. Sutton was injured, and the gig and horse
trieterieliy so. Whether Mrs. Sutton was killed or not, it did
not appear worth the while of the defendant to inquire, as he
drave on without noticing. Mr. Sutton called to some persons
to take care of the gig, and then ran after the phaeton, when he
i discovered to whom t belonged. A conversation ensued be-
the plaintiff and defendant, but, as the plaintiff could not be a
witness in his own cause, ho (the learned counsel) should re-
frain from alluding to it. Mrs. Sutton fortunately was not
seriously injured; but the horse was so much so, that the plain-
tiff, in consequence of the injury it sustained, was obliged to
sell it for Len under the real value. The gig was also could-
! derably damaged, and the action was brought to recover com-
pensation for such damage, which, had the defendant been wil-
ling to give, the action would never have been bfought. Having
concluded stating the case,
John Pennington was examined by Mr. ROTCII.-.4 am a la-
bourer in the fields, and live near Gateacre. On the 2fith Fe-
bruary last I wes in some fields, and saw Mr. Sutton's gig. I also
saw a phaeton and a cart in the road. The gig and cart were
going towards Wootton, the cart about twelve yards first. I saw
the gig draw up behind the cart. Mr. Brancker's phieren with
a pair of horses quickly passed towards Liverpool. I did nut
see any one in the carriage. The phaeton was driving in the
middle of the road, and did not give the least way. The pave-
ment was, in the middle, about six yards wide. There were two
yards and a half of unpaved road at each side, and room for the
phaeton to pass the gig without leaving the pavement. It was
quite wide enough for both the phaeton and gig to have passed
without either going off the pavement. The cart left the road
three feet and the gig about oue foot off the pavement. Both
the gig and cart were on their right side of the way. The phae-
ton then came up, overturnettthe gig, and went straightforward.
Mr. Sutton and Mrs. Sutton were thrown out and the horse
thrown down. Mr. Sutton immediately followed the phaeon ;
and the phaeton came back, but did not hear the conversation
between Mr. Sutton and the person in the phteton.
The Junee (to the witness.)—Did Mr. Sutton leave Mrs.
Sutton on the ground to run after the phaeton. (A. laugh.)
Examination resutned.—The phaeton passed the cart with
case previously. Mr. and Mrs. Bitten walked home, and I took
the gig home.
Cross exaneielei by. Ms. C e esS w e.—W are abont sixettards
from the place where the accident happened. Looked at the
wheelmarks of the gig to take particular uotice. This was after
I took the gig home. The near wheel of the phaeton appeared
'o be about three yards from the edge of the causeway. The
hind leg of the horse was cut. Could not tell from observation
who was in the phaeton. The phaeton was an open one.
By Mr. ROTCH.—I was eating bread and cheese at the time
I observed the accident.
By the Junna.—lf the gig had followed the cart there would
have been no accident ?
The learned JUDGE here said that from what he had heard it
appeared to him, that by the slightest deviation in the road on
the part of the plaintiff, the accident would have been avoided.
At present the plaintiff had made out no case whatever in his
(the Judge's) opinion.'
Mr. Aenxerenait differed in opinion, and after some further
conversation the case proceeded.
John Critchley, a carter.—l was driving on the way to,
Woolton when the accident occurred. I lookel back and saw-i
gig, and I drew the cart off the pavement, for the gig, I
thought, could have got on before the phreten came up. The
phaeton was driving in the middle of the road as safely as you
and I stand here. (A laugh.) 1 cannot judge whose. fault it
was that the gig was upset.
By Mr. CRESSWELL.—If the had followed in the track
there would have been no accident, but this coachman did not
behave well—did he now ? [ro some one in the court.] (Loud
laughter.)
Mr. Robert Hector, a surgeon, examined by Mr. Roecii.a-
On the 26th of February had occasion to go to"NVavertree. Mr.
Sutton passed me at a steady pace, and afterwards a carriage.
When I came up to the parties I found the gig lying on its right
side on the road, and Mrs. Sutton cryin4, With her hand
scratched. She appeared much distressed. The horse was in-
jured above the thigh.
Mr. Chambers, a veterinary surgeon of Liverpool, examined
by Mr. ALEXANDER.—I should think-the Vise received Ell)
worth of injury by the accident. I examined the gig, and con-
sider that it received injury to the aliment of 12.4 or £5. One
spoke of the gig was cut, and the splinter-bar damaged. The
brass work was also injured.
By Mr. Citaswsi.i..---One spoke of the gig was broke, and
the body grazed. The body was not otherwise injured.
This was the case for the plaintiff; and the counsel for the
defendant being satisfied with the opinion of the judge, de-
clined addressing the jury.
The learned JUDGE then a..lressed the jury. pointing out the
law of the case.. He was of opinion, that where a road was
large enough for two vehicles to pass, and one baying, the
centre, and the other wishing fur it, and by endeavouring to
obtain it met with injury, that he could not recover, as one in-
dividual was as much entitled to the road as the other. It en-
pPared from the evidence and the plan of the read, that the
plaintiff might have passed the defendant had he chosen to do
so. He complained that the phaeton did not make way for his
gig, and the defendant might complain that the gig did not
make way for thraplimton. Now, from the plan produced by
the plaintiff's counsel, there was 251 feet of road vacant for the
gig to have passed, had the plaintiff chosen. If two persons
drove their carriages together, and one refused to make way
for the other, they were each to blame, and neither entitled to
compensation.
Aeuryman here said that the carriages were first seen a hun-
dred yards asunder, and he thought that the phaeton ought to
have made way for the gig.
The LEARNED JUDGE again attempted to show that, accord.
°vitt nem arta pla44.),he gig could easily have passed tbs.
pliretou ; but the jury, was> appeared to have a greater pcedile:3-
tion for gigs than phattons, could not of would not see it.
One jurymau incoited whether a gig was not entitled to one
half the road ; and another said that had he been driving the
gig he would not have gone one foot on the unpaved road in
order to let the phaeton pass. Three or four othe, jurymen ex-
pressed similar opinions, and then retired to deliberate on their
verdict. After an absence of half an hour they returned with a
verdict Qf 141 for the plaintiff.

KENYON v. LUCAS AND HEATON.
This was an action for assault and battery, instituted by a
young man, apprenticed to Mr. Lathan:, surgeon, of Waver-
tree, against Mr. Robert Lucas, proprietor of the celebrated
Hoiee.Repository in this town.
.Mr.-CnomPToN opened, and Mr. ALEXANDER stated the case,
from which it appeared, that in April last, the defendant and a
friend, was crossing one of Mr. Lucas's fields near Wavertree,
when he was assaulted by Heaton, a man employed by Mr.
Lucas as a labourer, (and encouraged to du so by Mr. Lucas,
as the learned counsel observed), as will be seen by the evi-
dence. The defendants separately pleaded not guilty.
Mr. Charlea Hand exammed by Mr. Cnompros.-1 was in
company wills the plaintiff, who was an apprentice with Mr.
Latham, surgeon, at Wavertree, in April last. We had been
to Allerton together to see some patients ; as we were coming
towards Wavertree, we passed through some fields belonging
to Mr. Lucas's of the Horse Repository. We struck out of the
public footpath into the grass, in order to shorten the distance.
Whilst walking over the field, we observed two men and a dog
running towards us. The names of the men were Robert Lucas
and George Heaton. The dog immediately ran at Mr. Kenyon.
Ii
and he kept it off by kicking it. I said to Lucas, "I know you .
well, I have been at Kenyon
Repository," and whilst saying this,
Heaton struck Mr. Kenyon on the head and knocked him
down. Mr. Kenyon had not said a word. He lay on the
ground about a minute quite senseless. He then got up and
attempted to articulate but could not. I asked Mr. Lucas the
man's name, and Lucas replied, " Never mind the man's
name, he's, my man, and I'll be responsible." Lucas then
asked me my name... Mr. Kenyon wished to go to. Mr. Cleggs,
a gentleman in the neighbourhood, to state she case. Lucas
said we were both drunk, and we might go to h-11. When Mr.
Kenyon got up he staggered, and Lucas said, " See how
drunk he is." I said, " Do you call use drunk, and Lucas
said, " No, but be is."
Cross-examined by Mr. CestssweLt., for the defence.—This
happened abort five in the afternoon. We crossed the fields
instead of coming on the footpath. Heaton was close to me
when the dog was kicked. Lucas was close by also, I was
talking to Lucas at the time.
By Mr. A sex Nnee.—We had frequently been in the habit
of crossing the same way. There was no truth in the statement
of Lucas that Kenyon was drunk.
Mr. John Latham, a surgeon, of Wavertree, examined by
Mr. ALEXANDHR.—Mr. Kenyon was my apprentice for five
years; On the 6th of April last recollect hins•coming home
with a black eve. Ile had a bruise on the side of the temple.
At twelve. o'cl.Pcle at night it was deemed necessary to apply
leeches to the wound. Medicines were administered, and, from
the syrnptoms, I appretsended danger, and sent for his friends.
After the three days I chnsidered bins out of danger.
By the Junus.-s-I apprehended concussion of the brain. He
had lott his recollection, which is one of,the symptoms.
:.'By Mr. .41.11XANDILR.'—I made no charge for my surg Nil at-
•tendaneOso I saw Mr. Liieds subsequently, and, he complained
of my young man having misbehaved:himself. , Lucas suet that
Kenyon was in liquor at the time he met with th-obloWs, 1 men-
tioned in Mr. Lncas the danger the young man' vras'ln, and
Lucas replied that there could not he any danger, because
Kenyon had walked to town that evening. Lucas said that he
was fearless of man and beast:, Mr. Clegg, the gentleman al-
luded to preciously, was ,s person of largo landed property.' • .
By Mr. CaF.ssWELL..-131ainta was not able to attend to ,
business three dayi afterwards. He was not able to do so whets,
Dr. O'Donnell called. The symptoms of the plaintiff were
sleep and wantAof recollection.
By Mr.AsExtiNoan.—Believes Dr. O'Donnell attends Mr.
Lucas and fain tv professionally. Dr. O'Donnell called about
three days after he accident:
Mr. C nesse/ELL addressed the jury on behalf of the defendant,
with a view of showing that Mr. Lucas was not accountable for the
conduct of his man, even supposing he had stated that he would be
reponsible for him, us he was not present when the assault'svas
alleged to have been committed. With respect to Heaton, he
naturally resented the insult implied by the plaintiff kicking his
dog, a dog which, instead 'Of 'being of the bull species, was Po-
thing more than a farmer's cur.
John Iloldgrave was then called and sworn for the defence.—
I am a labourer in the employ of the defendant. I recollect
the day that Kenyon and Hands came through the field. Hea-
ton was on the cart helping me to load hay. Mr. Lucas was
near the garden wall. I told Heaton that two men were cross-
ing the field. Heaton shouted to them to turn back, but they
refused. M. Lucas then told Heaton to go and turn them
back. Heaton then got off She, cart, and the dog ran after him.
The dog got up to them betty Heaton. The dog went barking
round theme, hut, did not offer to bite. Kenyon began to kick
the dog, and Hasefon gate him a box for it. I cannot tell how
long. it was !afore Lucas got up to the men. Heaton and Lucas
did not go together. The men were off the footpath. I did not
hear what passed between Lucas, Heaton, and the men.
CRESSIVELL.—Did not hear M Lucas tell Heaton
to go and 0 pitch into those devils!" I did not hear him say
atythilig of the kind. I have never spoken of the affair since.
I told James,Mawdsley that I had beard that Heaton had said
he would not have struck the gentleman if Lucas had not told
bins. I cannot say exactly who told me of Heaton's expression,
hilt suppose it was Heaton himself. I have said that I did not
like to appear here, because it is unpleasant to do so against
ones master.' . „.
The JUDGE. Kto the Witness.)—What sized dog was be
Witness.-He was a middling sort of a size.
The J c 00.a.5--WaS he .a lap dog?
Witness.—No, a lap dog's a little an. (Laughter.)
Mr. Cnaiswatt, then called Mr. Heston, a turgerm,. Isho
stated that he, met with Hand and Kenyon on the night the
affair happened, his eye was black, and witness advised him to
apply a lotion to it.
Dr. O'Donnell, a physician, examined.---t Went to Mr.
Latham's, to see Mt. Kenyon, by request of- Mr; "Limier I

understood that I saw him forty-eight hours 4fter the blow was
etruck. I did nut see any symptoms of diseask about the plain-
tiff. His eye was black, and 1 asked .him whether it was caused
by leeches, and he told me that the blackness had preceded the
bleeding.
Mr. ALEXANDER then addressed the jury in reply, and the
Judge having minutely summed up the evidence,
. the jury re-
turned a verdict of £5 against Lucas, and £2 10s. against
Heaton. This the Judge informed them was not a legal mode
ot . proceeding as they could not dividd the damages between the
two defendants. ' The • jury again etiristilted and broug in
a rmera.l verdict of £7 10s. •
QUIO4IN v. Dom—This action was commenced by Mr.
Quiggin, of. Douglas, Isle of Man, against Mr. James Duff, of
this town, to recover the value of two boxes of type, forwarded
by Mr. Figgins, a type founder in London, to him, to the care
of the defciudent, in LiYerpoid. 'The gr;ais never reached their
destination, having been supposed to have been stolen from the
Duke's Wharf. '
Mr. ALEXANDER and Mr, Tont,tateow Appeared for the plain-
tiff and Mr. Citasswart, fOr the defendant.
James Daish sworn.—l am warehouseman to Mr. Figgins,
type-founder, of London. On the Gth of March.last I packed
up two boxes of type of the value of about £36, and addressed'
them to Mr. Craig Quiggin, Douglas, Isle of Man, care of Mr.
James Duff,. Liyerpool,
.I desired
.the porter after packing the
goods' to take them in the truck to Kenworthy's, the carrier.
Thomas Brunette, sworn.-1 am porter to Mr. Figgins, of
' London. On the 6th of March last, .1 took a couple of boxes
Of type to the Axe Inn, Alderma.nbury, which is the office of
Messrs. Kenworthy and Co., and received* receipt for them.
James Yates examined—l am porter at the Duke's Wharf,
Liverpool. On the 12th of March last, I discharged from the'
flat Finn, a quantity of goods which came from Kenworthy and:
Co's, Amongst- the goods discharged, were packages from
Figgius and C 0,,, of London. I put them in No. 4, on the
wharf. 1 saw the goods three days after landing them.
Cros-examined by Mr. Caessive.t.L.—The boxes were not
covered with other goods when I saw them. The direction was
upwards, so that any person might see it. Saw the goods.
a day/01er when the rain had washed a portion of the direc-
tions 'off. Generally covered goods at night. These goods
were covered, and the reason why the direction was effaced was,.
that people who came for goods trode upon it. On the fourth.
day after the arrival of the goods, I did not see them. No one
came to ask for the goods on the 14th, but about the 6th day a
person did come to ask for them.
John Farebrotber, a boy of about 13 years of age; sworn,
lam errand-boy. at Kenworthy's. I deliver notices of goods
having a:rived. I left. a paper of notice of goods having ar-
rived at James Duff's. I have a copy of it. A person in Mr.
Duff's office signed the hook produced.
The receipt was read by the clerk, which was to the effect
that two boxes of type had arrived from Figgins's, signed by
Orford; the defendant's clerk..
John Foster.,-.1 am carter to Kenworthy and Co. I remem-
ber th'. boxes eiimicig, and five or six days subsequeirtly some
pepeau...galled for them. Tho goods were not thcxe. My masters
had done business with Mr. Duff before, aird'we-thaye-oftrn had
notice from Mr. Duff to let the goods remain on the wherfafter
their arrival. The notices were generally in writing.
the JUDGE,—The notices have been to the effect, that
:Mr. Duff would send for the goods.
Baamination resutned.—The cartage would be in a great
measure saved by sending for them.
Cross-exarnined by Mr. Cnesswer.t..—ls sure he saw the
goods three or friar days afterwards, they were direCted to
Quiggin, care of Duff.
James May examined.-1 am a Custom-house officer in
Liverpool, and all goods going to the Isle .of Man go
through my hands. I produced the clearance at the Cuitom-
house of time 18th of March, signed by me, and made out by
Duff's people.
John Deakin.—l am agent for Kenworthy and Co. I know
Mr. Duff by name. but not personally. I do not know the
handwriting of Mi. Orford.
Mri,Thomas Orford.—l am clerk to Mr. Duff. The sea rch-
er'akill is signed by me, and contains a list of part et the arti-
tidies sent by the Isle of Man steamer on the 12th of March
last. It contains an account of two boxes of type to be for-
warded to Mr. Quiggins of Douglas, Isle of Alan. The mani-
fest of the cargo shipped on board that vessel was signed by me.
The manifest was :Tao, and from that it appeared there was a
memorandum affixed stating that the boxes were not sent, hav-
ing been lost.
At this stage of the case the Jones stated that, as it did not
appear the goods ever came into the possession of the defendant,
the plaintiff must be nonsuited. The case would have been dif-
ferent bean contract heeti made that the defendant should have
fetched the goods. The plaintiff was accordingly nunsaited
COLE AND ANOTHER V. ACKERLEY.
. .

The plaintiffs in this case are architects and surveyors in this
town, and the defendant a broker. The plaintiffs, it appears,
claimed the sum of £23 for plans, drawings, and designs for a
portico and bruise of the defendant at Bidston Hill, and super-
intending the building of the same, being five per cent. on the
cost of the buildings. A verdict for the amount was returned.