The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-03-27 00:00:00

PARISH OF EVERTON.

r

The annual meeting of the parishioners of Everton was held
the same day for a similar purpose, when the accounts-of the
year were examined, unanimously passed, and the public office rs
reappointed.

EXECUTION AT LANCASTER.—Yesterday morning (Thurs
day;, a few minutes after Eve o'clock, John Orrell, who was
convicted on Tuesday for the wilful murder of his daughter
'Elizabeth, a child of eight years of age, by poisoning her at
Great Bolton in February last, was executed behind the castle,
pursuant to his sentence. We understand that the wretched
wan; up to the moment of his conviction, entertained a cunti-
dentTxpectation of art-acquittal ; and it is said that up to the
'last moment he-persisted in asserting his innocence of the
crime for which he died.

.
EXTENSIVE TrOLLF.IfY OF PLATE A.T WiGA*-Tro.ll Satarrla
night or early on Sunday' morning last the iltopeof Mr. John
, Fairhurst, pawnbrolrer of Wigan, was feloniously 'entered and
money to a considerable amount; together with -other articles,
stolen therefrom, consisting of ten silver watches, table spoons,
dessert spoons, tea spoons, several pairs of sugar tongs, Cream-
:tug, half-pint cup, salt spoons, silk handkerchiefs, several pairs
of new shoes, and a large quantity of other articles. A hand-
some reward has been offered for the conviction of the offenders,
but we are sorry to add, that notwithstanding the Unremitting
exertions of the constables, no clue has been obtained to lead to
the conviction of the depredators.

FIRE.—On Wednesday night, at half-past eleven o'cl.ck, a
fire broke out in Mr. Gladstone's foundry, Bath-street. It ori-
ginated in the workshop,. and burst through the roof. Three of
the lire-police engines were promptly on the spot, and, there
being no want of water, it was soon got under. At first great
fears were entertained of the flames extending to the adjoining
warehouses, in which it was said considerable quantities of gun-.
powder were deposited.
- - - -

STAIeIP DUTIES.—A petition from the -shopkeepers of this
town is in the course of signature, praying the legislature to
repeal the duty on small receipt stamps.
THE NEW KINGDOM OF GREECE.—The Bavarian papers
contain melancholy accounts of the state of Greece. It is said
that all Messenia is in a state of insurrection; "and that the ►
troops ordered thither by the regency, far from being able to
overcome theta, were obliged to capitulate with them. The
rebeli are said to have demanded, as conditions. that the King
shall immediately assume the government, and grant a liberal
constitution ; and that the regency shall be called to account for
its administration, and for the disbursement. of_ the subsidies.
It is feared that the insurrection will extend to a great part of
Greece, and that the troops which the regency has at its disposal
will not be sufficient to suppress it. Coletti, who by his influence
has hitherto kept the contending parties balanced, is said to
have declared, on this occasion, that he must remain neutral."
STATISTICS OF CRIME I'N THE METtioeotas.—By the criminal
returns showing the number of persons' taken into custody
the metropolitan police, and the result of the charges, in the
year 1834, which have been recently printed., it appears that
64,269 persons were taken into custody, of whom 34,499 were
discharged by the magistrates, 26,302 were summarily convicted
,or held.to bail, 3468 were committed for trial, 2565 were con-
victed and sentenced, 651 acquitted, 329 not prosecuted (bills
not found,) and 23 whose cases have not been ascertained.
The criminal charge under which the greatest number appears
.is that of uttering counterfeit coin, 929 having been taken into
custody under that charge, of whom, however, 819 were dis-
charged by the magistrates, and 98 convicted and sentenced.
The charges of murder have been 26; but only 11 proSechtioris
upon them have been instituted, and 9 convictions obtained, of
which last 8 were declared manslaughter, so that only one exe-
cution followed. Not less than 19,779 have' been taken-into
custody, for drutikeuness, of whom 10,944 obtained their dis-•
charge without fine, and 8835 summarily convicted. A com-
parative statement of these returns with those 'published the
three previous years shows that from 1831 to the end of 'lB3l
there is a decrease in the number of persons taken into custody
of 8555, an increase during the corresponding period of 513 of
committals for trial, and of 4459 convictions by magistrates.
The comparative statements of the intermediate years, following
one another, do not exhibit any sery remarkable differenee, the.
increase in one year of souse cases being counterbalanced by a
decrease in the next.
INFLUENCE OF ?Music ON THE MIND.—Of the solace o
music—nay, more, of its influence upon, melancholY,',l need no
look for evidence in the universal testimony ofantiqtnts, nor re
mind-'ssareh au audience of its reeorded 'effect Upon the gloomy
distemper or the perverse mind of Saul. I myself have witness-
ed its power to mitigate the sadness of seclusion, in a case
where my loyalty as a good subject,. and my best-:feelings
as a man, were more than usually ,interested in .the re-
storation of my patient; and also remember its • salutary
operation in the case of a gentleman in Yorkshire, many years.
ago, who was first stupified,•and afterwarda became insane. upon
the sud.;en hiss,of his property. This gentleman could hardly
be said to live—he Merely, vegetated; for lie was motionless
until pushed, and did not speak to or notice any body in the
house far nearly four months. The first indication of a return
of any sense appeared, in his attention to music played in the
street. This was observed, the second time he heard it, to have
a More decided force iu arousing him from his lethargy, and in-
duced by this good onietil the sagacious humanity of his super-
intendent offered him a violin. He seized it eagerly, and
amused himself with it constantly. After six weeks, hearing
the rest of the patients of the house pass by the door to their
common room, he accosted them—" Good morning to you all,
geutlemen; I amquite well, and desire I way accompany you."
In two months more he was dismissed cured.—Sir 11.1iallord's
Essays and Orations.
THE PRESS IN SWITZERLAND.—There is not a printing-
office in the whole canton of Underwalden. This fact has just
come to light in consequence of the answer of the government
of Obwald to that of Zurich, which had requested that the parti-
culars of the legislation upon the press in the former Canton
might be communicated to it. The counsellors of °herald W.ote •
in reply " How can you ask us for a copy of a law on the press
when there is not one printing-office in the whale canton ?"
If ignorance be bliss 'tie 'folly to be wise."] .•
SToams IN THE NORTH SEA.—Such has been the state of
weather for some weeks past, that great losses have been sustainedl
atsea.. The Donlop of Belfast, from Heine! to Liverk6l. With
timber, put into Lerwick on the 23d ult. Of six vessels sstriCh sail-
ed with the Dunlop, from Memel, she only has escaped ! The
vessel hired to carry the mail from Lerwick to Petersheart, Sailed
on the 29th January, and did not return till the' 7th February,
having been thirty -days on the trip.—Scuisman..
PRA ynk.—Pra)er is the peace of our spirit, the stillness of
our thoughts, the evenness of our recollection, the seat of me-
ditation, the rest of our cares, and the, calm of our tempest;
pr-aver is the issue of a quiet mind, of untroubled thoughts, it is
•
the daughter of charity, and the sister of meekness; and he
that prays to God Kith-an angry, that is, with a troubled and
discomposed spirit, is like him that retires into a battle to me-
ditate, and sets up his closet in the out quarters of an army.
Anger is a perfect alienation of the mind frtnn prayer, and ,
therefore is contrary to that attention which presents our
prayers is a right line to God. For so have I seen a lark
rising from his bed of grass, and soaring upward singing..as he
rises, and hopes to get to heaveh, and climb above the clouds;
but thei poor bird was beaten back with the lotid sighings of an
eastern wind, and his motion made irregular and unconstant,
descending more at every breath of the tempest, than it could
recover by the libratiun and frequent weighing of his, wings;
till the little creature was forced to sit down and hart, and stay
till the storm was over, and then it was a prosperous flight, and
did rise and sing as if it had learned music and motion from au
angel, as he passed sometimes through the air about his minis-
tries here below; so is the prayer of a good man.—Bishop Tay-
Or.

By the premature death of Sir Peter Parker, Bart., at the
early age of twenty-five, the Baronetcy of Parker of ,Rapping-,
bon;n, in the county2o.f.lisaex (conferred on Sir 'Parke4
Aniniral of the Fleet, 1783), has become extinct, the deceased's
two brothers having died. before him. The father of the late'
lamented young haronet;-. Captain Sir ,Peter .Parker, It. N.,
was mortally wounded whilst commanding a party of seamen
and marines at the storming of the American camp near Balti-
more, August 3, 1814, and his widow married Michael Bruce, ,•
Esq.•
Inn MM.& MURDER AT SEA.—The latest intelligence from
India states that while the Young Rover, belonging to Messrs.
Cockerell and. Co., of Calcutta, was on her way from Moulmein
to Bengal, tivo.Manilla seacunnies, named Junto and Madrino,
had destroyed the vessel by fire, and murdered the captain and
. •several other persons. It appeared that while one of the of-
ficers was sitting upon the deck, Justo stabbed him in the aria
wills a knife. lie immediately threw himself iloWn the hatch
way and awakened the captain. Ou the latter attempting-to
come on deck the two mantilla men threatened to kill him, and
on his drawing back, apparently with the intention of araii•ng
himself, they closed the hatchway on him, the mate, and a
.Christian passenger. Justo then stabbed two Choolich mer-
chants who were on deck, on which the Serang and all the Las-
,cars flew to the. rigging. The Manilla men then took charge of
the vessel, and ordered the Lascars down from the rigging' to
their orders, one-of which was to fasten the stem wmilows. -
On the following moreing, Justo, not knowing what course'
. would bring the vessel to Rangoon, opened the .hatches, and
asked the captain, on which he fired a pistol, loaded with two
nails, but only a small charge of powder, and wounded Justo in
the cheek and breast. Exasperated at tbis the two Manilla
.men determined to burn the vessel and destroy the captain. On-
the following day they collected combustibles and a quantity of
tar, which they scattered about the deck, and rigging, and threw
down the main hatch.. 'rimy then ordered out the jolly-boat,'
making the crew and passengers, amounting t 0.16, get into it;
they then set fire to the vessel, in which were enclosed Captain -
E*tir (the co.nimander,) Mr. Rode (the mate,) and a -native
'Christian passenger. liaviug then gone into the boat them-
selves, they waited on their oars at a short distance from the
vessel, till they saw it so nearly consumed as to leave no • doubt
of the three victims being burnt. The sea cunnies then caused
the Lascars to row for the shore, forcing seven persons over-
board on their way, and stabbing .and spearing them to death
in the water. Not able to reach the shore from the swell of the
sea, they returned and took from the wreck 8 to 10 vise of silver
which had melted by the fire, there having been on board a lac •
and 40,0tX) rupees in specie. On proceeding towards Rangoon
some of the Lascars told what had happened at a small village,
when they were all taken into custody by a native magistrate;
but the two sea cunnies escaped by bribing the ogicer who had
-charge of them. They were, however, afterwards apprehended,
and confessed the whole. The British Resident -(Colonel
Burney) could not believe,the story, as it was incredible that two
men could awe so large' a number, until the sea c.uunies in-
formed' him that the conduct of the captain had been so violent
that all the men, with the exception of those destroyed, had en-
tered into the conspiracy against him. The two men ale to be
sent to Calcutta to be tried.

LANCASTER ASSIZES.

CROWN COURT.—MoNnAy, (Before Baron PARRS.)
.[His lordship did not take his seat this morning until ten
o'clock, iu consequence of the execution, of Welch..l

INL NDIAUISM.

Thomas gpeight, aged 33, was indicted for wilfully, malici-
ously, and feloniously setting fire to a barn, stable, and out-
house, belonging to John Alston, at Scotforth, near Lancaster
eu Monday the 26th. January: last. •
Mr. Henderson conducted the case for the prosecution, and
Dr. Brown defended the prisoner.
John Alston said he was a farmer residing at Scotforth, near
Lancaster. Had a barn, stable, and two shippons, which were
in one range on' fire on the morning of Monday the 26th of
January last. First saw the tire about five or ten minutes be-
fore .uiue. The roof of the stable, which consisted of wood and
straw, wits then burniug This was the south end of the build-
ings. file ,wind was S.W. The fire lasted about two and a
half or three hours. There was a stack and half of beans,
about twenty thrave' of wheat straw, about twenty loads of
potatoes, and three or four cart loads of turnips, which were
all either destroyed or rendered useless. The stable, the shippon
adjoining, the barn and outhouse were all destroyed. The
total loss might be about £5O. ,The prisoner was in witness's
service hired half yearly. On Thursday before the fire he had
remonstrated with the prisoner for using a sieve instead of a
wisket to cut turnips in, on which-lie said "-as--n you, your are
always grumbling about something. I wish nothing worse may
happen to you than cutting turnips into a sieve. 1 doubt you
will be worse .put about than ever you were before." He then
turned.. round and added—" D—n you, you will be worse
b--e---d up-than ever you were in your life." Witneis asked
hint what he meant, but he walked away without returning any
answer. On Saturday before the fire, prisoner, contrary to his
usual practice, left the house, and did not return until past
one on Monday morning. On that morning he was called up
about six o'clock and accompanied witness to a barn, to fetch
some straw with a lantern. Ibis lantern was first hung up in
the shippon, until about a quarter or half-past seven o'clock,
when witness put out. the candle, and placed it on the ground
between the stable and shippon 'loons. After going in, the wit-
ness observed on his return that the lantern had been removed.
Prisoner and witness took breakfast about eight, and then the
former was ordered to go to dress a hedge some distance from
the house. About nine o'clock the premises were found to be
on fire, andAhe cattle were with ditficulty got out. The pri-
soner stood in, the field, and did not conic to assist in putting
Out the fire--at all. After the fire, the lantern was found in a
corner of the stable, where witness had placed a bottle of straw
the anorningprerious. About an hour after the fire,. the witness
called prisoner to him, gave .hits iris wiiges and said "Begone
from; these pmnises, you dirty- rascal, ;1 Wave every reason to
believe you .buve burned these buildings. " 01-le took the money
and went awky. .
In cross-examination by Dr. BROWN, the witness said he last
saw the prisoner in low shippon, about ten minutes before he
went to breakfast. Ile was then going to remove the manure
from behind •the horses in the stable to the midden. I lost
sight of the'hintern before the candle was put out, whilst I was
in the house putting coals en the tire, and whilst I milked two
cows. About ten or fifteen minutes after the prisoner had gone
to his work, the prosecutor's son called out that the stable was
on fire. Went the night before, about eight o'clock, to the
stable to look at the cattle, and to see whether all was safe.
Last May but one was in the stable about ten o'clock when the
constable came to him (witness.) His wife and he had had some
words, and thought he would stay in the stable till the passion
was off her, and then they could get into bed comfortably toge-
ther. Never said to a person nettled Wilson, (who had been
servant with him) that if the building.did not tumble he would
set it on fire. Saw Wilson the day prisoner. was brought to
Lancaster. Did not tell him the prisoner had taken a lantern
Out of the house, but it had no light in it. Did not tell him he
(witness) had found the lantern under a bottle of straw, after
the barn was fired. Did not tell Wilson that his (witness's)
son Thomas would swear he had seen the prisooer put the lans
tern under a bottle of straw.: Once stood; at the bar in. West-
moreland, and my learned friend, Mr. Baron.Alderson, will state
the case to you. (Laughter.) Was tried for being cut in my
hand.. The prosecution fell to the ground. Was one night,
about ten o'clock, foddering my- cows in a barn I farmed from
Mr. Bleasdale, who had seine hay there, when two men got up
off the hay mow, and asked if I made a practice of that? I
was taking hay off a cart of my own,- and was doing it at that
late hour in cousevence of having been late at market. Mr.
Bleasdale was sent for; but I did not make any apology to him.
There was some scandal circulated about sharp tongues; but I
have taken means to dress that up.. When I told the prisoner
that I suspected him .in consequence of the words he had used
the Friday before, he denied having made use of any such
words.
:. . .

Thomas Alston, son of the prosecutor, was next called, and
gave a long account,of the proceedings el• the morning of the
tire, anti, according to his statement, it was pretty clear that it
originated in accident, on which the learned judge directed the
jury to acquit the prisoner.
fhe jury, after asking a few questions respecting the fire, re-
.turned a verdict of Nut Guilty. His lordship said the prisoner
went out of court without a stain on his character, but the con-
duct of the prosecutor was very, improper, and when the learned
counsel applied for costs, his lordship said the witnesses might
have their costs, but he should not allow any to the prosecutor.
FORGING A DEEn.—John, Stainton, 49, was charged with
forging. a certain deed to convey certain property at Pease
Bank, in Dalton, near Ulverston, with intent to defraud John
Fazakerley; other counts charged the offence with the intent to
defraud the Duke of Buccleugh, the lord of the manor of Plain
Furness. .

Mr. STARR in and Mr. ARMSTRONG were for the prosecutor,
Mr. BRANDT defended the prisoner.
Mr. Cranke, solicitor, of Ulverstun, said he was steward to
the Manor Court of Plain Furness. The custom of the manor
was, that no person who came by heirship ,to an estate• in the
manor could .devise it unless a deed of surrender was made,
which was generally done at the time the will was.made. Where
estates were purchased there was no such instance. On the 19th
of August Mr. Cranke saw the prisoner at Pease Bank, when
he,informed witness that the late Mr. Richard Pemberton had
made a will, making him the sole executor and residuary lega-
tee,..With.power to sell the ~estate. C,-inquired of him
whether there was a ileed with the will, and the prisoner replied
there was not. Ile asked witness what he must do to get pos-
session of the estate. Witness told him he bad better bring the
will to the next court, which was only about two months off. In
September the prisoner was served by witness with a notice to
give op possession of Pease Bank estate. Several letters thou
passed on the subject, in which the prisoner still stated there
was no dead. However, on the 24th of October the prisoner
gave a,deed to a young man named Salmon, which was handed
to Mr. Cranke on the dal .the court sat. Mr. Cranke handed it
to the jury, who returned it to him with their verdict. Deeds
of this kind were obliged to be presented at the Manor Court iu
order that they might be licensed. Mr. C. declined to license
the one in question. This was the deed alleged to be forged.
It was dated the 25th of February, 1833, and was a conveyance
fur the purpose of giving effect to the will of the estate called
Pease Bank froni Richard Pemberton to the prisoner, John
Stainton. The signatures of Richard Pemberton, and Leonard
Gould, and Geo.. Simpson, the attesting witnesses, were proved
not to be in the handwriting of the persons whose name they
professed to be. There was another attesting witness named
dward Stainton, but he was not called, the counsel for the pro-
secution stating that he
.was the son of the prisoner.
The benefit of the new stamp regulation was of service in this
case, for it turned out that the parchment on which the deed was
drawn was stamped on the 9th January, 1832; and not issued
until after the 11th January in that year.
When the case for the prosecution had closed, Mr. BRANDT
took an objection to the indictment which the learned judge
overruled.

.
The' learned .JI;DGE having summed up. the case, the jury,
after a few minutes' consultation, found the prisoner Guilty.
The learned JunnE, in sentencing him, to transportation for
life,.saidlie.o4ed it to the mercy of his prosecutors that he was
not indicted for forging the will, for there could be.no doubt he
had forged it as well as the deed, and had he beep convicted of
that offence be should certainly have felt it his duty to leave the
law to have taken its course. As it was, his duty was, that he
should pass ou him as severe a sentence as the • law would per-
ruit,--that was, transportation for life. The legislature has
lately made some regulations on this head, and criminals sen-
tenced to transportation were divided into three classes;—there
were sonic confined for life in the penal parts of the colony,
where they must, in a dungeon, endure severe labour in chains.
His lordship said he should not go swear as that in the present
instance, but should consign him to the second class, where he
would have to remain in challis in a gang, labouring on the pub-
lic roads for eight years before he could either obtain a ticket of
absence; or a pardon from the governor.
SENTENCIL UN ROGER WH ITEN A I).—Roger.Whitehead hav-
ing been placed at the bar, Mr. Baron PA IOU: addressed him at
some length, stating the particulars of the offence of which he
had been convicted, and obserVed, that ou his being made bank-
rupt the whole of the shameful transaction was brought to light.
Whitehead.—Will your lordship allow me one moment;-1
owed Pollard nothing at the time.

The JUDGE.—Thatstatement, that you owed Pollard nothing
:s perfectly ridiculous. You. acknowledged it by:granting him
.a mortgage fur £630.
Whitelead.—lf. your lordship would have allowed me to have
gone into my defence, I had witnesses to prove I did not owe
.him anything atiell.
The 3 unuE.--jrhat is quite immaterial, and these interrup-
tions are rather out of place;
.1 cannot permit them; and I
must tell you, as I did that unfortunate and wicked,inanjust
now, that for this offence, previous to 18:11, von would have
been punished with death; and it was only a short time before
that, that it waiuthe universal practice to leave such persons
as you for:exec-611On. You are fortunate that the law is altered,
but I hope you did not commit the offence under- the idea that
you would get off with a slight imprisonment, or transportation
for seven years,4or our offence is unpattionable. A profes-
sional man oughtCto set an example to others, who always ex-
pect he will treat them with honesty and fairness. His lordship,
after informing him that be was to labour in chains the re-
mainder of his life, unless his life was very exemplary indeed,
sentenced him to transportation for life.
Prisoner.—l have one thing to observe to your lordship ; I
do not suppose it can do me any good, but I may as well men-
tion it fur the sake of my character, that instead of owing Pol-
lard anything, he owes me £lOO.
The learned JunuE ordered him to be removed fro m the bar

NISI PRIUS, MoNnaY.
(Before Mr. Baron ALDERSON and a Special Jury.)
WHITEHEAD' V. 'PRICE AND OTHERS.—This was an action on
a policy of insurance fur f.:4000, effected on the Union Mills,
Oldham, by Mr. James Whitehead, the proprietor, with the
Protector Fire lusurauce Cumpa,ny, of which the defendants,
Mr. Richard Price, Mr. Joseph ()wen Harris, and Mr.' Richard
Harris, were directors.
The case was tried before a special jury, consisting principally
of Liverpool merchants.
The counsel for the plaintiff • wore Mr. BLACKBURN, Mr.
ALEXANDER. and Mr. WIGHTMANi for the defendants, Mr.
CRI,SSWELL., Mr. TOMLINSON, and Mr. WATSON.
Mr. WIOIITSIAN opened the pleadings. The declaration
steel that the plaintiff had effected a policy •Of insurance On
the Mills in question, amounting in the whole to £4OOO, with the
company of which the defendants were directors, and had paid
the premium theretm; that the said !premises weit'destroyed. by
.tire on the 27th of June last, and that on application to the de-
fendants for the amount-insured they refused payment, alleging
that they were not liable.' To • this the defendants pleaded Ist,
that a memorandum endorsed on the policy had been endorsed
without their authority • 2ndly, that the premises were not de-
scribed either in the policy or endorsement as they really were;
3rdly, that the premium in the policy mentioned iced not been
duly paid; 4thly, that the steam engines on the plaintiff's pre
liaises had, without the leave of the defendants, theii knowledge
or consent, been worked by night and not by day only, contrary
to the conditions on which the policy was granted, sthlr, that
the fire had been occasioned by the negligence of the piailltiff,
his tenants, or servants, for which the defendants were not ac-
eountable;_6thly, that the plaintiff's seam-engine had been
worked for the purpose of turning machinery in adjoining
premises, by means of a shaft communicating between the two;
ithlv, that the plaintiff's mill did not stand apart and detached
froni all other mills as described in the policy; and Sthly, that
these eircumstancesof additional risk bad not been communi-
cated to the defendants at the time the policy was made. The
plaintiff denied the allegations of the defend-ants, and on these
picas issue was joined.

.. T _ .

Mr. Bear en toter: stated the case to the?ury. The plaintiff
was proprietor of the Union Mills, at '0 Oldham, which were
erected In 1823, and had since been insured iu the Protector
Fire Office at the rate of 16s. per cent. premium. The plaintiff
did not himself work the mills, but had let them to others who
did. In 1826, a person named Wharton, a manufacturer of
steam-engines, built a shop adjoining the plaintiff's premises,
and having need of steam power in turning his lathes was sup-
plied with it from the steam-engine of the Union Mills by means
of a shaft connecting his machinery with the engine. There
was no increase of risk occasioned by the erection of Mr.
Wharton's shop, and the plaintiff continued to insure with the
defendants at the same rate of premium till April, 1834 when,
finding that other offices were insuring at lower rates, he applied
for a reduction. On this application the company directed their
agent at Oldham to make certain inquiries respecting the pre-
mises. He did so, himself examining the mill for that purpose,
and on his report a letter was received from the secretary in
Loneon, authorizing him to reduce the premium from I6s. to
-14 s. per cent. The reduction was accordingly made .by the
agent, as specified by a memorandum endorsed in the policy,
and on Lady-day, 1834, the plaintiff paid the premium at the
reduced rate fur the ensuing year. In June following the
premises were destroyed by fire, and the defendants on being
applied to for. the sum insured with them, refused payment, al-
leging that the premises had not been properly described, and
that the endorsement had been made without-their authority.
If, hoive,:er, the premises had been erroneously described, that
was the fault of the company's agent, not of the plaintiff; the
company were bound by the act of their agent, and the plaintiff
under the policy of the endorsement, on which he had paid the
premium, was entitled to the sum which he now sought to re-
cover at the hands of the jury. The learned gentlemen called
the following witnesses.
Mr. John Booth, agent to the Protector Fire Office, at Old-
ham, stated that nine years ago he had received instructions to
insure the Union Mills, and had done so at the rate of 16s. per
cent: In February, 1831, the plaintiff applied for a reduction
of the premium to 14s. Wrote to the office on the subject and
received an answer directing him to put certain interrogatories
respecting the premises, and the mode of working the mill.
Went cud examined the premises himself, answered the
questions put, and wrote back to London- stating the result of
his inquiries. These interrogatories were afterwards put in.
The most material of them were these:—" Is the mill detached
flour all other mills?" and " Is the mill worked by night and
day, or by day only ?" To the first question the answer was
" No," with an explanation referring to a plan Which the agent
sent to the office in London, and to the second "By day.only."
The witness then produced a letter, dated April sth, 1831, from
the secretary to the company. It was to the following effect:—
reply to your letter of the 2d instant, it appears from
the answirs to the interrogatories put. by us under the policy,
No. —; Mat Chis mill (the Union) &es not stand-apart from all
others, b,ut this, I apprehend, simply means that the part marked
A in the plan is not apart from B, and vice versa; and not filet
A and B or one of them adjoins a neighbouring manufactory.
I am fortified in this opinion by the fact that the ground plan
shows no adjoining erection whatever. If, therefore, I am
correct in my supposition, you may endorse that policy as per
the annexed ferns and not otherwise."

The form referred to in the foregoing letter was as follows:
" 11,1einoraudurn. The boilers he!onging to the steam-engine
being completely outside the building insured in this policy,—
and the mill being completely detached from all other mills,—
the premium to be reduced to 145., say in the whole E2B instead
£32, subject to all the conditions within mentioned."
The witness then stated that he had made a corresponding
memorandum on the back of th© policy, and that the plaintiff
had paid the reduced premium. He (witness) was aware that
the machinery in Wharton's shop was turned by a shaft com-
municating with the plaintiff's steam-engine, but did not. think
that that circumstance increased the risk' so as to affect the
premium.
Mr. E. H. Levison, agent for the Globe Fire Office, at Man-
chester, stated that he had insured part of the machinery and
stock at the Union Mills at l is. per annum. Knew the premises.
The risk was not greater than the common risk of cotton fac-
tories. 'Wharton's shop did not increase the risk. The shop
was insured at ss. The mill might increase the risk of the shop,
but the shop could not increase the risk of the mill. He would
not insure the shop for less than I is. 'Working "by day " only
meant with one set of hands.

Mr. H. C. Morris, agent for the Union Office, Manchester,
gave similar. testimony. •
Several other fire office agents, manufacturers, and cotton
spinners were called to show that the risk had not been increased
by the vicinity of Wharton's premises or by the circumstance.
of the machinery there being worked by.a shaft communicating
with the plaintiff's mill.
No evidence was riven on the part of the plaintiff respecting
the fire or the extent of damage, it being agreed between the
parties that in the event of a verdict fur the plaintiff the amount
of damages should be settled out of court.
Mr. CRESSWELL, for the defendants, contended That the fire
had occurred through the negligence of the plaintiff's tenants,
(Messrs. Bowden, Garside, and Mayhall,) who had kept the
engine going by night as well as by day to furnish power to
work machinery in the adjoining shop, and that if by their neg-
ligence or misconduct, or by working the mill out it the time
covered by the policy, they had occasioned the fire, it was
against them the plaintiff should bring his action, not against
the insurance office. He also contended that the agent, Booth,
bad exceeded his authority in endorsing the memorandum on
the policy, when, according to the evidence he was about to lay
before the jury, it dearly appeared that the mill was not de-
tached as described in tfie policy, and that it was worked by
night as well as day, contrary to the stipulations contained
therein.
Several witnesses were then called, from whose testimony. it
appeared that on the night before the fire the men at the Cialou
Mills left work at eight o'clock, and the wheels were thrown out
of peering, but that the engine was kept going till half-past
twelve o'clock the following morning, turning the machinery of
Mr. Wharton, who had.a.particular job in hand, which he was
requirod to tinish.by a certain time. About two o'clock in the
morning smoke-was observed issuing from one of the upper
stories of the mill. and in a short time the whole building was
in flames. The object was to show that the fire had been occa-
sioned by the friction of the machinery.
Mr. Baron A's,nxitsos,.in-strinaiirtg uptheF•evidence, observed
that the main questions for the-jury were, whether the agent
had authority to make the endorsement on the policy—whether
Wharton's shop, adjoining the plaintiff's premises, was to be
considered as coming under the term "mill"—and whether the
plaintiff or his-tenants keeping the 'engine at work to turn
Wharton's machinery, was to he taken. as a working of the mill
by night, contrary to the conditions of the policy.
The Jury-, after remaining an hour iu consultation, found ge-
nerally for the plaintiffs, subject to a motion in some of the
issues. _ _ .

---
The court was occupied during the rest of the day in tle;•iding
a dispute relating to an !Attorney's bill of cuts, Greenhaigh v.
Thutnely, which ended in a verdict for the defeudant.

CROWN COURT, TUESDAY.
.Tohn Orrell, aged 40, was placed at the bar, charged with the
wilful murder of his daughter, Elizabeth Orrell, at Bolton, in
February last, by administering a quantity of arsenic. The
prisoner pleaded not guilty.
Mr. BRANDY, with whom was MY.TRAFFORD, stated the case.
Sarah Orrell was then called. She said—l am going of six-
teen, and am prisoner's eldest daughter. My father returned
from Lancaster on the Bth of January. On the 4th of February
my mother died, and was buried on the 11th. My father then
lived at Barrow Bridge. On the my father went to live at
Bolton, stunk with my sister and brother. My sister was eight
years old, and my brother four. I was living with my grand-
Mother, and ou Sunday, the 22d, went to Bolton. Saw my
brother dead in the cradle, and my sister was very ill. She was
sick twice, and purged twice. My father said my brother hail
never been well since be went to Bolton. Prisoner showed me
a little bottle, and said it was for • Godfrey, and he had given
the boy some.
By the Judge.—My brother and • sister were in very good
health when they-went to Bolton. •
John Orrell, uncle of the prisoner, lives in Bolton, about turn
doors from the cellar which the prisoner occupied. Ile came
there on the 17th Feb. (Tuesday). I called to see him several
times. No one lived with himlut the two children. On Sun-
day, the 22d, went to his cellar, and found the boy just dead.
The girl was ill; saw her vomit once or twice. Was in on the
day the boy was buried, and heard the girl ask for water. Pri-
sumer wanted to give her gin and water, but she would,not have
any. On the next duty was knocked up between one and two
t
sraisdtl;:s.'Ll'ncl I "Uncle, I wish you would come in
tressed myself, and went in;
aybitth,c
ourprisoner,
girlone
veryeiso
e
she was very ill, and did not live fifteen minutes after. Prisoner
said he should want Some one to lay her out. On the Wednes-
day night told the prisoner he had better get a doctor, and said
if he could not afford, if he was acquainted with any of the sub-
scribers to the Dispensary he might get a recommendation, and
he said he did not know of any.
By the Judge.—Prisoner was out of work when he came to
Bolton. lie had been a fanner. The cellar appeared to me
a close unhealthy place, and damp.
Thomas Youne.—l am in the employment of Mr. Fletcher.
On. the 16th Feb'. prisoner came and took a cellar belonging to
my master. lie came to it next day. There is a beam across
the top, about eight feet from the ground. I swept out the
cellar, and remember particularly sweeping the beam.
John Burrows, constable of Bolton, said he found the parcel •
produced on the beans which goes across the cellar; it centained.
arsenic. A child eight or ten years old could not have reached-
the place. . - • ,
Thomas Young said the last witness' pOint4d out the 'peace
where he found the parcel, which was the same place he. had_.
carefully brushed, and where he found a piece of brass. • !The
cellar was unoccupied from the 12th Nov. to the 17th Feb.,
when the prisoner took it.
Margaret Pincoek recollects the prisoner coming to tho
cellar its Bolton. Saw him the same day. Was called iu to as-
sist its laving the little boy out on the Sunday following; his
uncle John asked me. There was no one else there. The
Thursday following. his uncle cause again for me. Thegirt
was then dead. Primmer said he was very sorry the children
were dead—that they had died so suddenly. The girl was very
sick the Sunday and Wednesday before.
Selina Morns.—The prisoner's wife and my husband were
brother and sister. On Monday, the 23d Feb. saw the prisoner
in the cellar. His daughter visit he were at tea. She had drank
one cup, and the prisoner had poured out another for her, which-
sitevery
it
t eart.t e nisrrtiesodnteor dwriinpekd, uutp.laidHeitsady down
he at,.gain,as
was so ill. Prisoner was.cating, cold bread and butter, and the '-
never had.,
deceased ht. he
sasdtthoaats k
nEolwi zaobreetxliewe
ia)ts
tah
eh esamltat
pcohxil.d ;
•
thrisjana Seddon went to see prisoner on Wednesday, the.
25th Feb. Prisoner had just finished his tea. '1 he girl wag
very ill in bed; she vomited a good deal. Prisoner said the
child had been eating an orange. Prisoner said Elizabeth
would not continue long, ; two of the eldest could do for them-
selveseand the two boys were with his soother, and then heshould
be by himself. The child was very ill, and prisoner offered her
gin, hut she refused it, and asked for water. I asked him if-he
would get a doctor? He said uo, it would he of an use, for if
• she would not take good stuff she would not take physic. The
child cried out, "0 my belly." Heard of the child's death next
morning, and called on the prisoner. Ile said she died about
two o'clock.
Mr. Richard Daley, borouehreeve of 13olten, went to the
' ,
cellar of the prisoner .ou Friday, 27th Feb., with Burrows. The •
prisoner was not. at }time, and the door was locked.- Went -
again about half-past two with Burrows and Mr. Heap, and
forced the door open. He found the body of the child laid out.
We then searched the cellar, and Bus rows found a small par-
cel, tied up in a rag, on the beam near the fire-piece. In the
rug was paper with "arsenic—poison" written on it. Burrows
found a piece of brown
paper, but nothing in it. Mr. liesis
examined the parcel.
Mr. James llorrocks said the writing onthe parcel was his.. .
Recollects it from omitting the letter " a", out 4.f the word are
settle. It was either on the 11th ar 12th of Feb.—thinks the , •
latter. It was not the prisoner I sold it to. '1 he quantity I solo
was two ounces. I sail at the time it was not customary to sel'
such a quantity without there being some one present who knew
him, and he referred sue to a person at the dear, but cannot say.
whether he was the prisoner. 1 was making up an order at this
time for Mr. Davis, at Iluthven, which occupied me two days.
Beej. Davis weighed the arsenic brought to him by the con-
stables; it was one ounce and one drachm.
John Lennox Heap examined the parcel found by the con-,
stable, judged it to be arsenic, and found it was so ell tasting it.
Opened the body of the girl; found a quantity of mucus, and
eight ounces of trowu fluid in it, mice d with a white powder.