The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-05-09 00:00:00

without hearing counsel in support of the
determined that the hundred of Salford was liable. The
ahabitarits of the borough of Manchester certainly contri-
uted to the county rate, as being part of the hundred of
Ilford, and therefore did not come under the stipultaion
stained in the 7th and Sth Geo. IV., c. 31, s. 12. It was
e the county rate was paid by the borough, and other
`s of the hundred in different proportions. A separate
ant was kept against the borough, for the expenses of
;nal prosecutions, and the maintenance and transport of
offenders. The borough continued in common,
,ver, with other parts of the hundred, to certain general
nses, such as the repairs of bridges and roads within the
dred, the salaries of the gaoler and chaplain, and some
ors. To 'hese expenses the inhabitants of Manchester
'e liable to contribute, as part of the hundred of Salford,
i the hundred of Salford was liable to the damages in-
rred in consequence of the riotous proceedings within the
rough. The court was of opinion, therefore, that the •er-
ct had been wrongly entered for the defendant at the trial,
ad that the rule must be absolute to enter it for the plaintiff
n the third as well as the other issues.

COURT OF QUEEN'S BENCH.-THURSDAY

(Sittings in Banco.)

THE QUEEN V. FEARGUS O'CONNOR AND OTHERS.
A certain degree of excitement had been created by the
►nouncement that these defendants were to be brought up
r judgment. and on the opening of the doors all the avail-
....

its of this inconvenient court were at once filled.
Attorney-General prayed judgment against the defen-
who had been convicted of unlawfully aiding and abet-
hers in doing certain acts charged as unlawful.
l Denman said, that the officer of the court had in-
I the judges that some of the parties convicted at the
That made no difference with respect
gs. Tile court could proceed to pass
those that were present, and they would have a
Upstanding the absence of their fellows, to say
IT might think fit in arrest of judgment.
ollowing defendants answered to their names:—
us O'Connor, Richard Otley, G. J. Harney, William
John Arran, William Aitkin, S. Challenger, Samuel
D. !Linton, William Woodruff, (all of whom were
1 on the fifth count only,) and J. Leach, C. Doyle,
nathan Bairstow, J. Arthur, T. Cooper, R. Brooke, John
James Fenton, James Mooney, and Frederick

sizes were not here

Parkes

Durhaii

stus

Mr. Dundas, who appeared for R. Brooke, moved an
arrest of judgment on the fifth count, on the ground that
there was no venue stated in it ; and on the fourth count,
on the ground that the statement of the offence was insuffi-
cient. Counsel for the other prisoners having been heard in
support of the same objections, a rule was granted to show
cause why the judgment should not be arrested.—The At-
torney-General having asked when the court would hear the
case again, a conversation took place on the subject, and it
was finally settled that the rule should be argued on the se-
cond day of next term.—The Attorney-General said, that he
did not think it would be necessary for the defendants to
come up again in person.—The court assented to this, and
the defendants entered into their own recognizances to appear
when called upon, and left the court.

FRIDAY

THE QUEEN V. T. COOPER AND G. RICHARDS

These two defendants appeared on the floor of the Court
to receive judgment on a conviction for having been guilty of
conspiracy and seditious practices. Both defended in per-
son, and tendered affidavits in mitigation of punishment, and
addressed the Court at great length.
The sentence was, that Cooper should be imprisoned in the
gaol of Stafford for the term of two years ; and Richards to
be imprisoned in the same gaol for the term of one year; the
difference made being on account of the advanced age of
Richards, and the imprisonment he had already undergone.

ADMIRALTY COURT-FRIDAY, MAY 5

TUE ST

PETERSBIMGH:SALVAGE

The vessel in this case was an American ship of 814 tons,
with a cargo of cotton, from New Orleans to Liverpool,
which, on the 13th of January, during very violent weather,
off the mouth of the Mersey, in the neighbourhood of the
wharf (a dangerous bank,) and the Formby-bank, in
issage of the Crosby-channel, got into a very perilous
She had lost all her masts and her rudder; she
feet water in her hold, the leak was gaining, and the•
fling fast; and the master was meditating run-

UsiTiber upon the beach, to save the cargo and their lives.
In expectation of some accident occurring through the state
of the weather, the Liverpool Steam-Tug Coo pang had
despatched one of their steamers (the Albert) and a life-boat,
which, upon receiving intelligence of the distress of th : St.

Petersburgh, proceeded to her assistance. In to win; her
into Crosby-channel, the steamer's power could nut prevent

the water-fogged vessel from getting upon the Jcrdan fiats.
The Albert proceeded to Liverpool and procured the co-ope-
ration of another of the company's steamers cthe ietoria,)
and by their joint assistance the American ship was brought
into the port of Liverpool. The value of the ship and cargo
was about £20,000. A tender of XlOOO bad been made and

The Queen's Advocate and Dr. Addams, for the salvors,
argued that the sum offered was inadequate; that the vessel
was almost a derelect, and that life as well as property had
been saved by the steam-vessels and life-boat.
Dr. Haggard and Dr. Curteis, for the owners, admitted
that the vessel was in want of assistance, for which the owners
were ready to pay, and they had offered a 20th part of the

property.
Dr. Lushington, in delivering judgment, said—The main
facts set forth in the act on petition on behalf of the salvers,
and amply supported by their affidavits, have scarcely any
- been denied in the answer made on the part of the
. The facts being admitted, the defence resorted to
owners is, that if the assistance had never been ren-
but the vessel had' been allowed to follow her
course, she would have come into a place of safety—a
,ace of so great safety, that she might have been brought
,gyp to Liverpool, together with the cargo, at comparatively a
trifling expense. I must first briefly consider the facts upon
which the claim of salvage is founded, and afterwards whe-
ther the defence, as set up on the part of the owners, is so
well founded as to take from the merits of the salvors, and
to cause me to pronounce for the tender in question. It will
not be necessary, in this investigation, to enter minutely into
311 the circumstances so amply detailed in these proceedings,
ae reasons to which I have already adverted, viz., that
e main and most material facts are not contradicted on the
art of the owners. It is sufficient, then, to say, that in
,onsequence of a storm which took place on the night of the
13th January, this vessel was reduced to a situation of very
great distress, and no doubt, at one period during that night,
was in the most imminent danger; because, in the protest
itself, it is admitted that the vessel struck about half-past
three, a.m., in about five or six fathom of water, and conti-
nued to strike very hard. Fearing she would go to pieces,
they cleared away their longboat to try to save their lives,
and to lighten her they stove their water-casks and so forth.
They found,. at five in the morning, that the vessel had then
7 feet water in the hold. She had previously lost all her
masts, her rudder was gone, and she had lost two anchors
and cables, though she had a kedge anchor and a cable still
eft. At five they hoisted signals of distress, the life-boat
clog in sight ; and finding th ship filling fast, and the life-
oat not approaching them at that period, they fitted up a
ry foremast, got a hawser from the starboard quarter to
,2 starboard chain cable to pay her off, slipped the chains,
'sted a sail on jury mast, and, when she fell before the
d, they cut the hawser with the intention of running her
`he beach, to save the cargo and their lives. Now this,
rding to the description given by the master and crew,
state and condition of this vessel during the morning
14th, and up to the period which I must now more
e, when the salvors came to their assistance.
help here referring with great admiration to the
,ations which seem to have been prescribed for the ma-
,ement of these steam-vessels, together with the life-boat.
or it is exceedingly praiseworthy that orders should have
been issued by the company, that, in all cases whatever, so
great a preference should be given to the saving of life over
the preservation of property ; and furthermore, that where
assistance could be rendered to vessels of another descrip-
tion, they were to proceed to the cases most difficult, and in
which their great power and efficiency might effect the pre-
,tion of life and property. The storm having been ex-
ad on the night of the 13th, preparations were made
a steamer to proceed to sea, in the expectation or
yiction that the assistance of? such vessel would be
The Albert accordingly, accompanied
proceeded on the morning of the 14th, and
ne occurrence of certain circumstances, which it is not
nary to particularise; with respect to the other vessel
ent on till she discovered this vessel, the St. Petersburgh,
e condition already described. Now, it is not an unim-
-'nal of distress was flying at

owners,

irl'erecl at all,

arly notic

serva

necessary

that the si

.s distinctly so sworn in the affidavit of the
,s not alleged on the part of the owners that
time taken down. The Albert having approached
esitation whatever, as it would appear,
rich was proferred was accepted ; she took
w and proceeded with her towards Liverpool,
very great weight of the vessel—she at that
-yet of water in her, though the precise
ery distinctly appear, furthermore than as
she had seven feet in her at five o'clock,
master and crew state that the vessel was fast
.1d consequently there must have been much more
at nine or ten o'clock in the morning. At half-past
She struck heavily on Jordan's Flat, and the tide then
t was impossible she could be got off. It is said this
la a defficiencv of strength on the part of the Albert.
true. The Albert might not have
power alone to have effected the salvage of
~ut it is also to be taken into consideration that
the size of the vessel—such was her disabled con-
was the quantity of water in her—that it was
-, I think, to be expected that any one vessel
1 perfectly competent to the task. The only

time; it

I salvors

Mout any I

1g to tm
1 many

--such

uld not give precisely the same rate of
ver deserving, who are not perfectly
ct they have in view. She

ce to etl

Sand till the afteroooO. With regard to the

cll. •••, .1.0.• La Gt.,/ quiLLII% Luc amp,
board the life-boat and being conveyed
rpool, I am of opinion that they have
iring on the case ; because, assuming
1 for fear of their lives—assuming that
n of the state of the case, that
g that occurred

presenta
!,1 did not arise from any thi

be life-boat—it never can be sup-

that there was an intention of utterly abandoning the
and cargo. It is only upon the ground of an utter
ent of a ship and cargo that a derelict should be
tly to take place. The Albert proceeds to Liyer-