The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-04-11 00:00:00

JURYMEN FINED

The case of Hemingway v. Hamilton and other. was nett
in order, and a common jury was called. Some delay
occurred in obtaining the requisite number, but eventually
eleven gentlemen were collected together. There appearing
little or no chance of the twelfth making his appearance,
Mr. MARTIN, who represented the plaintiff, said, he had
no objecti )n to proceed with the trial with eleven jurymen.
The JUDGE said, the attendance of jurymen must he
secured, and he could not assent. His lordship then directed
the list to be called over, with the exception of those who
were serving in the Crown Court and in the Grand Jury-room.
Mr. Forrest and Mr. Carson (under-sheriff) called over
the list, when the following not appearing, the JUDGE directed
them to be tined £5 each,—Samuel Bowers, George Benyon,
Francis Bretherton, Richard Cope, John Crossley, Richard
Cummins, Walter Clarke, Joseph Crossland, Joseph Dawson,
Edward Eady, John Frazer, Nathaniel Howard, William
Heath, Thomas Jackson, James Lister, James Leigh, Robert
Owen, Thomas Owen, George Robinson, Michael Trueman,
John Tomlinson, Samuel Williamson, and Peter Wheedle.—
After some further delay, Mr. James Leigh made his appear-
ance. lie was sworn a juryman, and so the twelve were
made up. Before the case commenced Mr. Samuel William-
son came into court, and applied for the fine upon him to be
removed, alleging that he had been only in the next room,
but he had not heard his name called out.—The JUDGE :
Very well; you have but just saved yourself.

HEMINGWAY V. HAMILTON AND OTHERS

Mr. Martin and Mr. Hill appeared for the plaintiff; and
Mr. Knowles and Mr. Crompton for the defendants. The
plaintiff is Captain Hemingway, and the defendants are
Messrs. Hamilton, Jackson, and Co., of this town, mer-
chants. The pleadings were voluminous and discursive.
Mr. MARTIN in stating the case said, the plaintiff, Capt.
Hemingway, was a person who had long been engaged in the
African trade. Previous to the year 1836, in which the ground
of the present action took place, he was engaged in trading
between the coast of Africa and Liverpool, taking out goods
there, and bringing produce home. At present he was in
the trade as a merchant. In the year 1836 he entered into
a contract with the defendants, who were most extensively
engaged in the trade, to command a vessel called the Earl
Grey. The agreement was, that he should bring home 550
tons of palm oil, for which he was to receive £lOOO, and in
the event of his obtaing more oil than 550 tons, he was to
receive a commission of £6 per cent, upon the overplus, six
months and 30 days, after the arrival of the oil in Liverpool.
This contract was completed on the 2d January, 1836, and
the plaintiff sailed immediately afterwards in the Earl Grey.
The African trade was carried on entirely by barter—the
particular mode of which the learned counsel described
in detail. The plaintiff arrived in the River Bonny,
and he commenced trading with the natives. He was
furnished with two vessels called tenders, the William
and the Pantaloon, to enable him to carry on his trade
the more successfully. The plaintiff succeded in making one
of the most successful voyages ever made to to the coast of
Africa, for he produced to his employers a profit very little
short of £15,000 or £16,000. He purchased from the natives
upwards of 200 tons of oil over and above the 550 tons, and
the William was the first vessel despatched home ; she was
nearly full, and she arrived safely. The Pantaloon then
remained at Bonny, with the Earl Grey. The Earl Grey
next sailed, full of oil, leaving there the Pantaloon also full,
with the exception of about 30 puncheons, which had not
arrived from the interior, and Captain Peel, who commanded
her, was directed by the plaintiff to receive the 30 puncheons
and return home immediately. The question for the decision
of the jury arose with reference to the Pantaloon. The
defendants settled all their accounts with the plaintiff; he
received his commission for all the oil above 550 tons which
the Earl Grey and the William had brought; and the Pan-
taloon was supposed to be lost. The defendants, indeed,
were so much pleased with the plaintiff's exertions, that, in
order to show their sense of his services, they presented a
piece of plate to Mrs. Hemingway. Captain Peel, who com-
manded the Pantaloon, was directed by the plaintiff to return
directly, but, it seemed, that he neglected this order, for,
instead of returning direct to England, he went from the
Bonny to the Cameroons, a river west of the Bonny. The
Pantaloon was there lost ; and up to the end of lase year,
1842, the plaintiff had no reason to suppose but that with the
Pantaloon her cargo was lost, and that it had never reached
the hands of the defendants. During last year, however,
the plaintiff was again in Africa, and at Cameroons be saw
Lloyd's agent, from whom he learned that although the
Pantaloon had been lost, her cargo had been saved by Cap-
tain Lilly, the agent at that plaee for the defendants. He, there-
fore, undertook to demonstrate to the jury that the o;1 was
saved, and sent to England by Captain Lilly, on board the
Dredalus and the Anne ; and if he did this he should be enti-
tled to the commission of £6 per cent. upon the quantity
which the defendants had thus received.
Thomas Sheridan Reed, Ralph Dawson, and Edward Ha-
milton, parties who were at Bonny and the Cameroons at the
time were then called. Dawson proved the wreck of the
Pantaloon on the Cameroons, about eighteen miles from land.
In answer to Mr. Knowles, he said that in case of a wreck
upon that coast it was extremely dangerous to attempt to
save anything. Hamilton proved that a great number of
puncheons of oil were recovered from her, that they had the
brand of the Earl Grey upon them, and they were shipped in
the Dredalus and the Anne.

Thomas Henry Lester and William Henry Darby, two
clerks from the house of Messrs. Nicholas Waterhouse and
Sons, defendants' brokers, proved the arrival of the Daedalus
and Anne. The Anne arrived a few days before the 4th Oct.,
1836 ; the Daedalus a few days before the 16th January,
1837. The oil belonged to the defendants.
This was the plaintiff's case.
Mr. lisowLes then submitted that the plaintiff had him-
self shewn the defendants to be entitled to a verdict upon the

statute of limitations. The Anne had been proved to arrive
in Liverpool some few days before the 4th October, and
the Daedalus a few days before the 16th January. The
action was brought on the 30th of January, therefore the
arrival by the Daedalus was clearly within the statute ; and
he contended, on the construction of the agreement, that
the same must apply to the arrival by the Anne.
Mr. MARTIN said his learned friend was wrong on both
points.
The JUDGE suggested that the better course would be to
ascertain the damages. His view of the case was, that as to
one of the vessels, at least, the Anne, the plaintiff Was in
time with his action. As to the other vessel, there might be
some difference.

Mr. MARTIN, in reply, repeated that his learned friend was
wrong; and he contended, from the language of the agree-
ment, that the six years would not begin to accrue till after
the sale of the oil. The particulars put in showed that the
oil by the William and the Earl Grey was not sold till ten
months after their arrival ; and it was quite clear that some
time would elapse afterwards before the oil by the Anne and
the Dredalus was sold. The statute of limitations was, there-
fore, out of the question, and he was sorry his learned friend
had been instructed to resort to it.
The JUDGE said that the first branch of the agreement
contained no ro;erence to net proceeds ; Out the beat course

firlt ht

Ddalus

nd Ann,

'as warehoused

THE CAUSE LIST.

FIRST LIST-SALFORD HUNDRED,

There is only one case remaining to be disposed of in this
list, namely, No. 21, " Ferrand and another v. Moore." It
is an action on promises, and will he tried before a special
- The trial is appointed to take place this morning

Tuesday)

SECOND LIST.-WEST DERBY HUNDRED,

The following was the state of the list for the hundred of
West Derby, at the rising of the Court_ last night :

Plaintiff.-Nos. 1,3, 4,7, 8, 12, 17, 18, 19, 20, 26, 28,
33, 34, 35, 36, 39, 46, 55, 64, 65, 68,
Defendant.-No. 28.
Withdraton.-Nos. 2,5, 6,9, 11, 13, 14, 15, 16, 21, n
23, 24, 25, 27, 29, 30, 31, 32, 37, 41, 42, 56, 57, CO, 61 62,
,
74, 75, 78, 85, 86, 88, 92.
Referred.-Nos. 40, 43, 44, 49, 50, SI,
Non:Wt.-Nos. 72, 73.

Three special juries and 28 common cases remain to be
decided. The Judges have agreed to postpone the opening
of Easter Term until to-morrow week.

CHESTER ASSIZES.-YESTERDAY.

(Before Mr. Justice MAULE.)

RAFE AND MURDER.
James Ford, aged 23, was indicted for the wilful Inurder
of Samuel Shaw, at Mottrarn, on the night of the Ist of
October last. There was also an indictment against the pH_
soner for having violated the person of the wife of the do_

ceased.
The brief facts of the case were that the deceased, his wife,
the prisoner, and some other persons, were drinking at
public-house on Saturday evening, the Ist of October, at
Alottram, where they remained until about midnight, when
the deceased, his wife, the prisoner, and another person left,
having to go the same way. They walked along the road for
about a quarter of a mile, when the latter person was taken
up by a person passing on horseback. When he left, the
prisoner began to take liberties with the wife of the deceased,
on which she desired him to desist, when he knocked the de:.
ceased and his wife down. lie then beat the deceased on
the bead and face with a stone until he became insensible.
The wife of the deceased was also beaten into a state of in-
sensibility, and on her recovery she found herself in an ad-
joining field, and the prisoner near her. He requested her
not to tell her husband of what had passed. She then went
home, and found her husbandthere insensible, and a surgeon
was procured, who attended him, but he died on the Samar-
day following of a wound on the back of the Le-id, which had
produced an effusion of blood on the braia. The [Prisoner,
on being taken into custody, acknowledged having inflicted
the violence on the deceased.
The trial lasted until after six o'clock, and the jury, after
a short consultation, found the prisoner " Guilty. '
His Lordsh'p deferred passing sentence.

INIPROVEMENTS OF TRADE

MA.NcngsTEtt.—Our market continues to
exhibit the
same healthy
appearance we noticed last week, and priaes
for all widths and descriptions of cloth remain firm. The
news from the East is considered favourable, and 40-inch
shirtiugs are in good request at the extreme rates of last
week. 27-inch 72's is the only description of cloth that
is a drug upon the market, and good 51b. is still selling
for cash down at ss. Domestic cloth is in good request,
and at paying prices ; and most of the manufacturers are
engaged for all they arc making, but most particularly for
be quoted 4s. Gd. to 4e.
27 inches. Thep rinters are also very busy, and most. of the
check,
job printers have given notice to their customers, that, it,
consequence of the advance in madder, they must have an ed.
vance of 3d. per piece for printing, which houses will be
forced to give. 27-inch 66's may
9d.: and 79's, 4s. 9d. to 55., although many manufacturers
are asking ss. 3d.-21fauchevter Advertiser of Saturday.
TRADE or LEEns.—The improvement which we an-
nounced last week had taken place in the staple trade of
this district, we are glad to say, has not received any
but, on the contrary, has been accelerated during the present
week. The amount of business transacted in our cloth
halls on Saturday and Tuesdsy last exceeded that of any of
the preceding market days of the present year. Prices, how-
ever, do not advance, but trade in general is " looking op!,
and the manufacturers are doing more work than they ha've
been for a long time past.—. Leeds Intelligeneer of Saturday.

[lmprovements are reported in various other district.,
which we have not space to notice.l
------ ----=-----

, relates in
think?;
----..
f h
eTsti
sc, D
presentedoeo t:n r. ufxo.ThDe ria Se
o.
IRtyi c
of
fo t, o f
medicineNle Betz,
of Strasburg,hig
r.rnforth,
four cases of this disease, which. after resisting the ordinary
treatment, yielded to the Peruvian bark ; one grain
two grains mixed and used as snuff. He
-- says he snuff,
found the above dose sufficient, and in the course of : ways
was
convicted, by Thomas Routledge
three days. Some recommend a glass of ), or
sherry, ti 7
coated over with nutmeg grated.
CONVICTION UNDER THE ACT FOR THE RE,TyL
CHIMNEY-SWEEPERS AND CIIIMNEYS.-00 merTIoN or
last, at the Rotation Office, Pontefract, mr. ..
flour dealer, BadaY week
mayor, in the mitigated penalty of X 5 and costs, Pr-'Bq, the
for known
to
as allowing a young person, under twenty-one years ,we-
to ascend a chimney for the purpose of sweeping the °fa-
'
The public generally ought to know, that householder 'an".
miffing boys to ascend their chimneys are liable to be
ersfi per-
as well as the master sweeps, in a penalty of 4:10, subjectned,
be mitigated to five pounds and costs, at the discretion to
of the
magistrate.
THE INCOME TA%.—ln the quarter ending 10th of
ber, the receipt from Income-tax was £313,841, a Octo-
quarter ceding sth January it was £257,212, hei„ and in the
derived from the tax on the dividends due in July no doubt
ber. Then came the collection upon private i y and Octo-
from the sth of January to the sth of April,
which
£1,885,232. The whole sum, therefore, obtainedk)r." realized
Income-tax is 1:2,456,2M, which probably i from the
half. year by only a few hundred thousand s short of a full
lieve we are not far from the mark in statioPounds. N
-Ve be-
calculations, grounded on the assessments g the best official
made, lead to the conclusion that the tee • which have been
tax will amount to five millions, or five receipt from Income-
ter, sterling per to
millions and a guar-
SALTrto PRovistoNs.—The following •
from the Treasury to the Board of
Cu
g is a copy of a letter
March, relating to the admission of
salted stom on the 6th of
colonial duty :—" Treasury Chainb provisions at the
Gentlemen,—The Lords Comuniss• ers, March 6, 1843,
Treasury having had under consideration
.. of her Majesty's
ports from your hoard. together wititlion copies of three re-
ports on which they are founded, f copies of the applica-
Moffat, and Co., relative to the termsfrom Messrs. Gillespies
pro-
visions imported from Canada would on
which certain '
con-
sumption in this country, forward be admitted for
Board of Trade, I am commanded to t°
my
lords through the
lords are of opinion that saltto acquaint you that My
gone in Canada the whole of the provisions, which have under-
to the preservation or curing processes requisite in order
terms and spirit of the nth olot the article, may, within the
regarded and admitted as se
of the Navigation Act, be
ships therefore desire that colonial produce; and their lord-
at you will
tions to your officers, care b • give the necessary direc•
general rule in each case, according
being taken by them to apply the
not answer to the terms recited.-1
as the goods may or may
To the Commissioners of Customs."
am,t am. G. CLERK.
A GOOD LANDLORD.—Mr s.
has shewn the landlords ofthe. John Gladstone, of Pasqua,
. country an example which,
we trust, will be generally imitated oy all who have the
power, in the facilities which
he has placed in the way of his
tenants improving their farms. So far as we can judge of
such matters, the scheme which he has proposed for the adop-
tion of his tenants, and which, as will be seen from this day's
paper, they have thankfully accepted, promises to be in the
highest degree beneficial to landlord and tenant. He agrees
to give a considerable deduction from the rent of this year to
all who shall, within the year, drain and subsoil plough a
certain proportion of the extent oftheir farms, he himself
paying the expense of these operations, and accommodating
those who may be unable to procure a subsoil plough, with
the use of one. In return, he receives from the tenant four
per cent on the money paid by him for the improvement, in
name of interest, or more properly, additional rent, for the
improved value of the land. Now that there is every proba-
bility that the value of the produce of the land will be per-
manently reduced, it is especially incumbent upon all who
have the power, to contribute to die utmost to increase its
productiveness, so as to repay the farmer for his toil, at the
same time that they are enriching the country, and increas-
ing the amount of subsistence at the command of the people.
There are many landlords, who, perhaps, have not the same
command of means to effect this object as Mr. Gladstone
has, but most of them can do something; and all should, for
their own sakes, do as much as they can. The equity of the
rule cannot be denied, that the permanent improvements
upon land should be at the expense of him who
nent interest in it,—the tenant, of course, paying for the
benefit he derives during the occupancy.—Montrose Paper.
--------___

house of Du Bou
of Russia to establish a line of steamers,
by the Emperor
The Journal el i parlye:snadol
ot.lroflitohuuenit:haandnbocuenticeasuttibioartistehde
IlisnosrAN o. .
Ti .
here on the 3d instant, at two p.m b •
which
_r ergAtr:
ili,sy.
steamerbeEts‘xt.eran„
left Suez
fr Marseilles
lleelzetst
er and
from Odessa.
Adenzs
on Feb. ,at
a'hsaltn°ld:idia Company's steamer Atalanta 51 hours
p,m., eating
ftedrhl
oaeetnve,ledinsol:anle.. azmEr c.
started 17 hours before the
itioantscoalf coal, and
before
tohetrheesnieeamuovitiß•ombay; "'—
Mink/stun, and arrived 34 hours after her.
to Aden, she having star
The Hindoatan
started from this place, sth instant, at 8 30 a.m , after t IC it
..
._ every probability
oofahheoraurdrris.sovin

r fit Ai titii

Mr. J. Waterhous was tliFn called on the part a the plaih.
tiff to show the amount realised by the oil, but it appeared
that he could not state what it was.

Listerani Mr. Darby were recalled. and they stated that
some parts of the oil brought by the Anne were warehoused,
and some sold from the ship. Tile entire cargo of the Med*-
, .1

Mr. KNOWLES then addressed the jury for the defendants
contending that this was precisely the sort of case whioli the
statute of limitations was framed to meet—a case in which
the plaintiff imputed no fraud to the defendants,and in which
he said they were liable to pay him, although they had them-
selves been cheated. He said he should show that the oil
Put on board the Anne and Daedalus had been paid for; and
that commission had been paid upon it to the captains of
those vessels, both of whom must have proceeded upon the
assumption that this was not oil belonging to the Pantaloon,
but oil bought by Captain Lilly for them from the parties
who plundered the wreck. If, therefore, the oil was bought
by Captain Lilly, it was clear that Captain Hemingway could
have no cHin upon the defendants, because they had not
bad the advantage of the oil from the Pantaloon. The learned
gentleman then called,
James Franklin, a clerk in the defendant's service, proved
certain payments by them to the plaintiff; and he said that
all the commission had been paid on the Daedalus and the
Anne, to rive different persons, namely, Captain Lilly, Capt.
Holmes, (for oil on hoard the Lisbon packet) Captain Grin-
don, and Captain Masker. There was no portion of oil
either by the Dirdalus or the Anne on which commission was
not paid. Captain Peel, master of the Pantaloon, name to
Liverpool in the Anne, on the 28th September, 1936. The
plaintiff was in Liverpool at that time. Several other men
who belonged to the Pantaloon also came by the Anne. hi
May, 1838, Captain Lilly was in Liverpool ; and witness saw
him and the plaintiff together in London, on a trial. The
Daedalus arrived on the 12th of January, 1837 ; the Anne on
the 28th September, 1836.
James Armstrong examined.—Was mate of the Anne in
1836, and was at Cameroon river when the Pantaloon was
lost. Capt. Lilly went down to look after her, and Capt.
Peel came on board the Anne. Saw the natives afterwards
with oil. The natives are a savage kind of people. Some of
the oil which the natives had was put on board the Pretty
Lass; it remained on deck three days, when the captain
would not pay for it, and it was put on the beach. The Anne
was nearly laden with oil when the Pantaloon was lost ; the
notices brought some oil to her; Capt. Lilly was present,
and he paid the natives for it, as for any other oil.
Captain Blackie, commander of the Anne, gave some
testimony to the same effect ; after which

Mr. INIARTIN replied in an animated address.
The jury. after a few minutes' consultation, returned a
verdict for the plaintiff in respect to the oil brought in the
Dredalus ; and it was arranged that the amount of damages
should be settled between the parties.
The court rose at seven o'clock.