The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-09-03 00:00:00

SOUTH EASTERN AND DOVER RAILWAY.

Yesterday afternoon, an adjonrned Weird meeting of
the Liverpm"..l Proprietors of the South Eastern and Dover
RailwaY was held at the Clari,ndon-rooms, for the purpose
of receiving the reply of the London directors to the reso-
lutions passed at a tnee'ing held at Liverpool on Friday
week. Upwards of forty proprietors were present, com-
prising various influential gentlemen of the town and
neighbourhood, and the greatest unanimity prevailed.
Shortly after two o'clock, the chair was taken by William
Cook, Esq.
The CHAIRMAN commenced the proceedings by ei-
. .

pressing his belief that they were all aware that this was
an adjournment of a meeting held at the Clarendon-rooms,
on the 23d of last month ; but as it was possible there
might be some gentlemen present who had not attended
the former meeting, he should read the resolutions passed
on that occasion. He then read the four resolutions,
which stated, in substance, that the small weekly returns
for the carriage of goods on the line were unsatisfactory ;
that the correspondence between the company and all car-
riers should be published ; and that the accounts should
be so kept as to show the cost of each portion of railway
untl opened for traffic. The Chairman then read a copy
of his letter to the London Board, in which he enclosed
the foregoing resolutions, and expressed a hope that they
would receive the serious attention of the directors. He
next read the reply which had been received from Mr.
John Whitehead, the secretary of the board, and of which
the following is an abstract :
I have b en instructed, in compliance with the request con-
tained in the 2nd resolution, to forward to you copies of the
correspondence which has taken place with the carriers using
this railway, and, in so doing, to state that the directors do not
consider they would bejustitied in publishing the same, without
the consent of the carriers themselves previously obtained.
Forwarding the correspondence to you may, however, answer
every end.
In reference to the and resolution, I am instructed to state,
that the interest on unproductive capital having, up to the pre.
sent time, been charged to revenu • with the full privity and
sanction of the proprietors at large, it rests with them to deal
with the question hereafter as they shall deem best.
The directors feel gratified at the interest ou take in the
management of the line.

The CHAIRMAN said it would be perceived from this
reply that the directors declined the publication of the
correspondence with the carriers. It rested now, how-
ever, with the present meeting to decide whether it should
be read or not. Ile was quite satisfied there was not a
gentleman in the room who would not be disposed to pay
deference to the dir, ctors, and to treat them with the
greatest possible courtesy ; but he left it entirely to the
meeting to det:l.rnine the question.

Mr. Alderman Mem. imagined that the correspond-
ence was sent for the purpose of being read by the Liver-
pool proprietors, and not for the exclusive use of their
chairman. As he understood the letter, the wish of the
directors merely was, that it should not appear in the Li-
verpool newspapers. (Hear, hear.)
It was then agreed that the correspondence should be
read, but not published. After it had accordingly been
read, the chairman spoke as follows :
I have carefully perused the letter from the carriers to
the directors of the railway, and I must say the result ap-
pears to me only to make is more apparent from the evi-
dence of the parties the roost interested in producing a
contrary impression, that the proprietors should become
carriers on their own line. (Cheers.) I have also no he-
sitation in saying on further consideration, that I think
the proprietors ought not any longer to sanction the system
of charging to the revenue account from tr.ffic, the interest
on unproductive capital. The schemes not completed are
the Maidstone Branch, to open this moneh, which costs a
sum approaching halt' a million—the Tunbridge Wells
Branch, to open in March, which will be cont'nued to
Hastings—the Canterbury, Ramsgate, and Margate,
Branch—and then the line to Gravesend, Rochester, and
Chatham direct. These are all undertakings most capable
of bearing their own burdens. 1 feel confident the pro-
prietors would not have any objection to find the capital to
construct them by a creation of new shares not bearing
interest until the respective branches were productive, but
to assent to the interest on all these very desirable adjuncts
and future feeders of the traffic being made a drag on the
trunk line now, and so being allowed to keep the whole
property in a state not to pay a dividend worthy of the
name is, 1 am sure, what the proprietors will assent to.
(Hear, hear.) It is my opinion that the advantage of
what I may call our plan being acted on will be so appa-
rent that the directors will now feel much obliged to us
for having urged it upon them. (Hear.) lam quite
ready to take my share of the responsibility of its
being adapted, and of acting with what I hope
I am not saying too much in calling becoming firmness,
in our communications with the directors. (Hear, hear.)
To those gentlemen I entertain no unfriendly feeling, but
at the same time I, for one, will not fail to oppose them
when I think them in the wrong ; and I shall be equally
ready to support them to the utmost, in all sound mea-
sures for the protection of the property of the South
Eastern and Dover Company. The general meeting of
proprietors takes place in London on the 10th instant : it
is an adjourned meeting from a previous one. The ac-
counts, therefore, that were then laid before you, are still
awaiting your investigation and revision ; and I am glad
to be able to say, that I believe our principle—the true
one—of treating them will give a handsome dividend,
though it may prove to be the smallest the company ever
pays. (Cheers.)
Mr. Laerence HEyworrrn said he had to apologise
for not having been present at the last meeting. He
had, however, been kept away by the indisposition of his '
brother, who was now, he was happy to say, convalescent.
He had heard the correspondence 'Which had just been
read and he felt more confirmed than ever that the pro-
ceedings of the last meeting were perfectly correct.
(Hear.) Those letters justified every inquiry and step
which had been taken. There was only one of them,
(No. 6 ) which gave them any accurate information; and
that information was calculated to confirm them in the
opinion that if their goods traffic were properly managed,
-and taken into their own bands, it would yield them a
largely increased revenue. (Hear.) He begged it, how-
ever, to be distinctly understood that though a meeting
had been held here for the purpose of considering the
proceedings of the Directors, the Liverpool proprietors
had nothing inimical towards that body : on the contrary,
they held them in high estimation and none more so that
the Chairman of the Directors (Mr. Baxendale.) They
knew that gentleman's general good management ; he
bad displayed great ability and great powers of mind ;
and he had moreover framed different resolutiors to
carry out the scheme advantageously. He (Mr. Law-
rence) had had the honour of sitting at the same
board with him, and there could be no doubt that he was
a man of business, sound at heart and determined to
proceed in a masterly style. (Hear.) Therefore, they
had nothing inimical to either him or the direc'ors : their
only object was, to place the carrying business on a better
footing and to alter the system of charging the interest,
with a view of doing justice to those who sold out their,
stock. He had great pleasure in moving :

" That the Proprietors now assembled are confirmed in their
opinion, by the information this day receiv.ed, that a thorough
change in the system of carrying Goods on,the Sout'.-Eastern
and. Dcver Railway is imperatively called for, and they record
their conviction that it would be as much for the advantage of
the Public as of the Company that the South Eastern and Dover
Proprietors should themse yes become carriers."

Mr. CHARLES GROVES, in seconding the motion, said
it was difficult fairly to estimate the value of the goods
traffic. Under the present system, by which they probably
got only one-thild,of the value they, ougnt from it, the
average weekly receipts in August. 1844, were fully double
that of August, ]B43,—being £493 against £242. But
September, and the two following months, were of con-
siderable importance in respect of revenue from goods ;
fur, last year, they yielded the weekly average of £397
for September, £760 for October, and £437 for November
—a great part arising from the carriage of hops. But
now that a branch was being just opened to Maidstone,
the very heart of the hop country, and the most populous
town in the county, it would not be unreasonable to ex-
pect £l5OO or £2OOO a week for the month of October,
even under the present system. But, if the company be-
came their own carriers, £4OOO, or even £5OOO, might be
expected per week during that month. This, therefore,
was the time for urging on the directors the necessity
of making a change in the system. (Hear-, hear.) I
The resolution, together with the two subsequent ones,
was put, and carried unanimously.
Mr. N. D. BOLD said that his opinion so completely
coincided with that of the chairman, with regard to the
system of charging the interest, that he had great pleasure
in proposing the second resolution, which was in itself
sufficiently explicit :

" That it is the opinion of this Meeting that the net earnings
from traffic, from the Ist October. 1843, cannot in equity be
charged with interest on Capital then unproductive. and there.
tore such net earnings, allowing for the subsequent opening
from Folkstone to Dover, and of the Bricklayers' Atms Branch,
are applicable for a dividend."

Mr. DANIEL WILLINK seconded the resolution.
Mr. Alderman Nicol, said he was absent from the last
meeting, and that when he heard it was intended to hold
such a meeting for the purpose of considering the con-
duct of the directors as regarded the goods traffic, he
viewed it with alarm ; and knowing that meetings of the
kind had before led to differences which had caused a de-
preciation in the value of stock, he confessed that he was
considerably alarmed. But, when he read the proceedings
of the former meeting, he took a very different view of
the matter; and to-day he had great pleasure in agreeing
with the shareholders in all that had passed at both their
meetings. (Hear, hear.) But the information they pos-
sessed was very incomplete. It might he that the direc-
tors could explain every point fully and satisfactorily. He
hoped it would be so. He was glad to hear every gentle-
man who had spoken that day express a desire to support
the directors, and to co-operate with them in all that was
likely to be for the advantage of the company. He was
extremely glad to find that no unfortunate feeling at all
existed among them, and that their desire was, to do
everything to forward the general good of the establish-
ment. (Hear, hear.) He concluded by moving :
"That the Proprietors present pledge themselves to support
the Directors in all sound measures for the protection of the
South Eastern and Dover Railway Company."

Mr. JAMES BUCHANAN seconded the motion.
The CHAIRMAN said he had himself been present at
one of the annual meetings of the company, and that he
could concur in all Mr. Heywo, th h td said respecting the
courtesy and ability of the chair ma t of the directors, Mr.
Baxendale. He was sure no gentleman present would
throw anything in the way of a conciliatory course bring
pursued towards the directors, and that the present meet-
ing would only be viewed as one of a friendly nature.
(Hear, hear.)
Upon the motion of Mr. Alderman NICOL, a vote of
thanks was unanimously passed to the chairman for his
kindness and attention to the interests of the company,
and the meeting separated at three o'clock.

BRA.P.N.M'S CONCERT.—This interesting musieal enter..
tamment will (as elsewhere advertised) take place on Monday
next, and not on Tuesday. as before stated in our paper. We
wish the veteran ♦ocalist, who is accolvparded by his son, every
success.

SIR HOWARD DOUGLAS AND CAPTAIN

WARNER.

We have all along been at a loss whether to consider the
gallant captain, whose vaunt of the possession of some
wonderful powers of destruction, applicable against either
fleets at sea, or stronger works ashore, has, of late years,
excited such attention in military, naval, and even scien-
tific circles, as an enthusiast or a patriot. Few men really
possessing a secret, so important to his country to pre-
serve, and of which it is in all respectS so important•to the
liberties of mankind, that a forbearing and humane use
Should he made, could have withstood the magnificent
offers which Captain Warner is said to have had made
him, or kept his temper under the rebuffs which he has
certainly received from various ministers to whom he has
submitted his inventions for purchase, or from profes-
sional men who have been appointed to determine upon
their merits. We are still unwilling to believe that he is
to be classed under any other tide than that of an honest
and a truithfui man.

But, if coming before the world in the light we would
fain view him, we cannot admire the spirit which has of
late characterized his remarks upon the conduct of many
of those British officers, to whom his been deputed the
•task of testing his supposed powers. These are in bad
taste; much calculated to injure him in the estimation of
his fellow-countrymen, however much disposed, like our-
selves, to think well of him; anti shere a frame of mind
which is anything but likely to attract, either from go-
vernment or the British public, that candid consideration
of his claims, which the importance of the question which
he brings before them demands. In particular, the style
of his attack upon the gallant representative for Liverpool,
recently addressed to the editor of the London Times,
merits, in our opinion, reprobation, whatever may be the
degree of truth upon which it is founded. To no man,
we are convinced, would Sir Howard Douglas do a de-
liberate injury; arid Captain Warner should have been
very careful before imput ng to a man of high honour an
inclination to commit injustice or to sport with a claim
legitimately made by any one, least of all by a member of
either branch of the service.

We did propose entering at some length into an exami-
nation of the charges brought by Captain Warner against
the conduct of Sir Howard Douglas,' in his character of a
commissioner appointed to examine into the merits of his
invention. We shall do this in our next. Our present
space is quite inadequate for such a task ; and the late
period at which the necessary evidence has come before
us, scarcely leaves us time to form a candid judgement of
the merits of the case.

PROPOSED JUNCTION OF THE SHEFFIELD
AND MANCHESTER, AND BIRMINGHAM
AND MANCHESTER RAILWAYS. WI '1 H THE
LIVERPOOL AND MANCHESTER LINE.

We understand that the long-contemplated junction of
these railways, by a line to the south of Manchester, with
a central station in the neighbourhood of Oxford-road,
has been fully determined upon ; and, from tbe energy
with which railway improvements are just now being
prosecuted, we may anticipate its speedy formation. Our
readers may remember that we contended for the advan-
tages of this junction long before the present Doe through
'Manchester to the present terminus in Hunt's Bank was
conceded. We foresaw that such a junction with two
such powerful companies as the Sheffield and Manchester
and Birmingham and Manchester must eventually be
made, and that a more central station than that at Hunt's
Bank, for the Liverpool traffic, would be loudly called
for; and it may now, at least, be questioned whether the
Board of the Liverpool and Manchester did well at the
time in submitting to waive their admitted preference for
that junction, and expending so large a sum upon the line
through Salford, by which nothing but the Leeds traffic
is benefited, and to pay for which rassengers between the
two towns have to submit to the imposition of an addi-
tional shilling per head in fares•already exorbitant.
Whil4 upon this subject, we may be excused if we
throw out a hint or two to the Directors of, what we may
call, our own railway. The station to be formed in
Oxford-road will, no doubt, be one worthy of three such
wealthy companies as those which it will unite. The•
existing stations in Manchester are sufficiently commit.
dious and splendid. Compared with them, the Liverpool
station is a paltry affair in every respect, and affords per-
haps the least amount of public comfort and convenience
to•be found at the terminus of any it.ading railway in the
kingdom. Surely this might be amended; and comfor-
table• waiting and refreshment rooms at least might be
provided, if we are to have nothing better. We pay quite
sufficient for travelling upon this line to entitle 113 to look
for decent accommodation at both its termini.

NISI PRIUS COURT.-YrSTERDAT.

CROSSKILL V. GROUNSEL.

This ease was resumed.

Mr. KNOWLES briefly addressed the jury.
His LORDSHIP then summed up, and the jury, after a
few minutes' consultation in the box, returned a verdict
for the plaintiff.

RIGHT OF FOOTPATH THROUGH A-FIELD.
PAST V. JAMES ELLISON.

Mr. MARTIN, for the def. ndant, stated this case to the
lury.

- Mr. Jbhn Part, of the firm of Woodcock and Part,
Solicitors, Wigan, appeared as plaintiff, but was only no-
minally so, the real plaintiff being C. Scarisbt ick, Esq..
a wealthy proprietor in the neighbourhood of Wigan;
and the action was brought against the defendants, James
Ellison, a weaver, and another, for breaking down certain
walls that blocked up a certain foot-walk leading through
a field, known as Folly Field, " near Wigan-lane,
(north of the town.) and which the plaintiff had in No-
vember last enclosed for beneficial purposes-to himself.
The defendant stated, in defence, that the road, which
had been in public use as long as the oldest inhabitants of
the neighbourhood could remember, ought not to be so
blocked up. Hundreds had daily passed along it for at
lest 70 years. A number of witnesses, all of them of
great age,,were then called by the defendants, and proved
generally that the rt ad in question (and also another path,
with respect•to which another action bad to be heard) had
been in use upwards of 60 years without interruption to
those• who used them. After a variety of tedious evi-
dence was heard, as to the long usage by the public of
the particular foot. path referred to in this action, the
plaintiff agreed to withdraw a juror, so that the case fell
to the ground, it being understood that an arrangement
would be made for the accommodation of defendants.
The other case was by consent similarly disposed of.
ALLEGED BREACH OF CONTRACT,
VON DADELZEN V. LUND AND ANOTHER.
Mr. Baines and Mr. Denman were counsel for the
plaintiff, Mr. Watson and Mr. Crompton appeared for
the defendants.
The plaintiff was a German merchant, carrying on bu-
siness in Liverpool on an extensive scale ;• and the de-
fendants were soap manufacturers in this town. It ap-
peared that, in ept. 1834, the defendants had a quantity
of palm oil on hand, and they were anxious to notice the
stock without at the same time bringing down the price
of the article in the market. They accordingly consulted
Mr. J. H. Reyner, a broker, and it was-agreed that Mr.
Von Dadelzen should take 200 tons of oil:at £27 per ton,
he, at the same time binding himself to sell to the defen-
dants some time between the Ist of February andlthe
30th of June the same quantity at the same price. Aft r
that the price of the oil began t' rise, and the defendan a
were congratulating themselves on their profitable specu-
lations. The price continued to rise during the months
of February and March, after which time its tendency
was downwards. On the 18th of June the plaintiff write
to the defendants, informing them of his readiness to deli.
ver the 200 tons. On the 22nd he again wrote, informing
them that the oil was landing, but, receiving no alum r,
he, along with Mr. Reyner. waited upon the defendants.
They saw Mr. Lund, who said Mr. Unsworth knew about
it, and he wo❑ld have nothing to do with the matter. Mr.
Reyner wrote out a delivery order; but Mr. Lund rt..
fused to sign it. Nothing more was heard of the matter
till Saturday, the 29th of June, when, after Mr. Von Da-
delzen had left the office, the delivery orders were sent to
be signed. Mr. Von Dadelzen not being at his office.
his clerks refused to sign the orders, and on the ground
that the contract had not been completed according to
agreement the defendants refused to receive the oil. Ac-
cordingly the instead of being kept—seeing that the
markets were falling—was sold by auction. The gross
amount of sale was £5,012' 2s. 3d. ; and after deducting
expenses plaintiff received only £4,930 15s. 2d. The price
at which the oil was invoiced to the defendants was
45.228 4s. Id., so that loss accrued to the plaintiff of
£297 Bs. 3d., which sum the plaintiff sought to recover.
After a long investication the jury returned a verdict
for the plaintiff for the amount claimed.

NDICTMENT.- REGINA V. THE MANZHESTER AND

LIVRRPOOL RAILWAY.

This was an indictment preferred by the boroughreeve
and constables of Salford against the Company of the Li-
verpool and Manchester Railway, for a nuisance alleged
to have been committed in violation of their act of Par-
liament, by the placing of pillars for the support of a
bridge in New Bailey-street, Salford, which contracted
the footway on each side to the extent of two feet six
inches. The questions resolved themselves into a point
of law, and the jury, under his direction, found the de-
fendants guilty.
Leave was given to enter a verdict for the defendants,
should the court above be of opinion that the defendants
were authorised by their act to make this obstruction. Ki
The Court adjourned at six o'clock.
There remain now only four cases for trial, but the
Court is not expected to get through them to-day.

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TESTIMONIAL TO A CLERGYMAN. —The Rev. J. C.
Wood—recently appointed curate of St. Thomas, Toxteth-
park —has been presented on his leaving his curacy, at
of D'Oyley and Mant's Bible, " as," as
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a beautiful Pocket Communion Service, presented to him
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burn.