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

pool; and in the afternoon the Victoria came to the assistance
of the St. Petersburg, and it is represented—and really for
anything that I see to the contrary in the proceedings, 1
think truly represented—that with great energy and with
great exertion, with considerable risk to the damage of the
steamers themselves, the vessel was piloted into a port of
safety in the neighbourhood of Liverpool. Looking at the
value of the ship and cargo, and looking at the exertions
made, I should have in the first instance to determine, if the
case rested here, whether the tender of £l,OOO was a sufficient
tender with reference, as I have said, to the degree of dis-
tress, the merit of the assistance, and the value of the pro-
perty saved. If the case rested here, I should have very
little or no hesitation in saying that the tender was insuf-
ficient; because I think the property was in the greatest
possible peril—because I think the assistance afforded was
most meritorious—because I am of opinion, that when such
a power as that possessed by steamers is called into exer-
tion, to render services which no other vessel could ren-
der, they are entitled to very high salvage reward. But
it now becomes my duty to pronounce my opinion upon
the defence set up ; and with regard to that defence,
I must confess, 1 think the court has been left in
more difficulty than it ought to have been ; because, it
having been distinct), affirmed in the defence, that if this
vessel had been permitted to be beached, she would have
been in a state of safety, both as to the lives of those on
board and the cargo. Issue having been directly taken on
that point, on the part of the salvors, there is not one atom
of evidence to support the statement. I am, therefore, left
in a painful situation in considering the effect of the evidence ;
upon the other side that evidence is equally unsatisfactory to
my mind, for what is the nature of the evidence to support
the averment? Beyond all question, those who admit ser-
vices, and set up a defence of this description, are bound by
the strongest aed clearest affirmative evidence to satisfy my
mind that that defence is founded in fact. Now, the evi-
dence that I have consists in certain persons swearing, with-
out assigning any reason or cause whatever, that this vessel,
if beached, would have been in a situation of comparative
safety. But how could she have been so beached,—what
part of the coast would have been selected ? As to what was
the state and condition of that beach on which she would have
come, and what were the circumstances that would have
worked this miraculous preservation, the court is left totally
in the dark. The court is not satisfied with any part of this
case ; in the first place that this vessel could have been
beached in one particular direction; for, looking to the cir-
cumstances in which she was placed, having nothing but a
jurymast, almost waterlogged, without rudder, anchor, or
cable, the wind, although moderate, yet the weather not
altogether moderated, any change of wind, any unfore-
seen circumstances which arose would, in my opinion, in all
human probability have prevented her being beached
in a convenient situation. It might have utterly pre-
vented the vessel being beached at all, and I am not
satisfied that she could have been beached in the most con-
venient situation—nay, there is not one fact or circumstance
set forth in any one of the affidavits to satisfy my mind that,
if beached, she would have been in a state of safety. It will
not do in this or other courts for parties to produce positive
affidavits swearing the things will be so, without stating the
circumstances rendering it probable. The court must have
the means of judging for itself, and cannot take it for grant&d
merely upon the strength of the asseverations with which it
may be affirmed. I feel, therefore, in much uncertainty as
to both ; but, then, there comes another consideration into
this part of the case. If all this is, as now stated, on the part
of the owners, I am utterly at a loss to understand how it
comes to pass that the assistance of the steamers was so
readily accepted, and that the signal for assistance still con-
tinued to fly. I have been told that there was no danger to
the lives of the parties, because if the vessel had got on the
Formby Bank, the life-boat might have gone out with perfect
facility, and have rendered any assistance that was necesssary. .
But it so happens that not only is that not stated on the part
of the owners, but the negative is stated by Eccles himself ;
for, he says, that at the time he approached her no life-boat,
from Formby Point or elsewhere, could have come out
to her assistance. But I must again ask the question, if
there was this entire confidence reasonably to be enter-
tained that by prosecuting their original intention of
beaching the vessel. at some expense, the lives of the crew
might have been saved? Why was it no mention was made
of it at the time ? At any rate this is abundantly clear, that
compared with the safety which beaching the vessel would
have procured, according to the statement on the part of the
owners, they consider the acceptance of the steamer infi-
nitely the preferable course, therefore according to the cir-
cumstances under which they formed a judgment at that
time, they could not by possibility have entertained that con-
fidence of prosecuting their course, and beaching the vessel,
which they now state they verily do believe to have been the
case. Then, looking at all these circumstances with regard
to this defence, I feel myself bound to come to this conclu-
sion, though I have arrived at it with more difficulties to en-
counter than ought to have been experienced, that the affir-
mative is not made out. Whether she could have been
beached or no is a matter of extreme uncertainty ; and whe-
ther the ship and cargo could have been preserved is involved
in contingencies, the probability of which it is impossible for
the court to estimate. I am, therefore, of opinion that the
defence fails • I think the tender insufficient, and I shall add
another £l,OOO.

It is said that his Excellency the Earl de Grey, Lord
Lieutenant of Ireland, has directed a supersedeas to issue
against eleven magistrates in Ireland who have taken part in
the repeal agitation.

YORK CASTLE,—Within less than six weeks from the
termination of the late Yorkshire assizes there were no
fewer than 46 prisoners in custody for trial at the ensuing

assizes

JOSHUA. JACOB.—A communication has, we understand,
been addressed to the Lord Chancellor, signed by five female
White Quakers, calling for the liberation from imprisonment
of " the Lord's annointed," Joshua. Jacob. His lordship,
of course, declined to accede to the application.—Dublin
paper.

LINCOLN'S INN, MAY 4.—The following gentlemen were
this day called to the degree of Barrister-at-Law by the Ho-
nourable Society of Lincoln's-inn, viz. :—John Thos. Betts,
jun., Esq., John Edmund Birmingham Curtis, Esq., Geo.
Miller, Esq., Pierre Laterriere, Esq., Leofric Temple, Esq.,
Charles Price Green, Esq., Louis Petit, Esq., and Walter
Grant James M'Grigor, Esq.
THE TAXES.—II is now pretty well ascertained that an
alteration in the assessed taxes is contemplated. The window
duty, it is expected, will undergo alteration. Lay hold of
those gentlemen who have set up "Tom and Jerry" gigs,
with their names, &c., upon them. As returns are already
making of assed taxes for the present year, any alteration
which may be made will not, we expect, take effect until next
April.—London paper.

The Liverpool Times has put into circulation a very foolish
statement, to the effect that it is doubtful whether Sir
Augustus D'Este is not the next lawful heir to the throne of
Ireland after the descendants of the late Duke of Kent and
the present King of Hanover. The writer seems not to have
been aware, that by the act of union the English and Irish
crowns are indissolubly united, and that they cannot be
separately enjoyed by two distinct persons. That being so,
unless Sir A. D'Este has soiree claim to the soverignty of
England, he can have none to that of Ireland.—Leeda paper.
QUESTIONING PRISONELLS.-Mr. Justice Coleridge last
week made the following remarks in reference to the conduct
of a policeman who had put some questions .to a person in
his custody :—" Au officer ought pot to presume to question
any party in custody,even though, as in that case, be first
told him he need not answer,unless he choose, and that if he
did should use his.anyaer iu•evidence against him. Neither
a juror, nor even a judge, had A I ight to put a single question
to any accused person, as to a portion or circumstance of his
life ; and most undoubtedly a prisoner ought not to be ques-
tioned by the constable who had him in charge. If the pri-
soner chose voluntarily to make a statement, it was the duty of
the officer to listen to it ; if the prisoner began a conversa-
tion, he did, to a certain degree, invite questions, and could
not perhaps complain if they were put, but they ought never
to be originated by any officer of justice to any accused per-
son whatever."

PROPERTY TAX DEDUCTIONS.—Those persons who have
proved their exemptions from property tax for the past year,
on account of their income not amounting to £l5O per
annum, will, by direction of the Lords of the Treasury, be
allowed to receive their dividends for the present year free of
any deduction, provided the stock belonging to them remains
in every respect the same as when the deduction for the tax
was made for the last year. When any alteration has been
made in the amount since the former deduction thi, parties
entitled thereto will be paid their dividends, in full, provided
their income has not increased to £l5O per annum, if on or
before the 27th of May they send to the office of Stamps and
Taxes a statement of the amount and description of the
stock in respect of which the exemption was allowed to them
last year, and also a statement of thy amount and description
of the stock now held by them ; all such particulars to be
stated on a form which may be obtained from the surveyor of
the district in which they reside.

COMMISSION OF LUNACY ; SINGULAR. EFFECT OF THUN-
DER.—A commission of lunacy was opened on Tuesday, at
the Bridge-house Hotel, London-bridge, before Mr. Com-
missioner Winslow and a jury of sixteen gentlemen, to in-
quire into the state of mind of Mrs. Sarah Bird, a widow,
aged 76, formerly of Lincoln's-inn, but now residing in
George-street, Blackfriars-road, and possessed of consider-
able property. Mr. Dean, of the Chancery bar, appeared
in support of the commission. It appeared that Mrs. Bird
was the widow of a person who formerly carried on business
as tavern-keeper in the neighbourhood of Lincoln's-Inn.
Since her husband's death, and for the last nine years, she
had been living on the interest of her property in the funds
and residing in George-street, Blackfriars-road. For six
or seven years, although her mind was not strong, she had
been perfectly able to manage herself and property ; but a
dreadful thunderstorm' which occurred on Christmas-day,
1840, had so affected her mind as to render her perfectly
imbecile. She was introduced. She entered the room with
a light and active step. In answer to the learned Commis-
sioner's question, she said (clapping her hands) " I know the
object of this inquiry : I am quite able to take care of myself
and my property. lam not advanced in life. Some black-
guards have been talking about me, and I should like to
catch them. phis year is 1839, and the month is August."
She then rose and addressed some rambling observations to
the jury. In answer to further questions, she replied, " I
won't tell you (the Commissioner) nor the jury how much
money I have got, and I shall not say where it is. I worked
hard for it, and (striking the table vehemently) no one has
any business to ask me such questions. As for the Lord
Chancellor, only let him come and see me cook a dinner.
Good God ! what a fool he must be to allow himself to be
imposed upon. (To the Commissioner.)—l do wash,. dress
and undress myself, and I don't sleep in my clothes—and if
you will call upon me I will show you. 1 only wish I knew
the blackguards who have been talking about me." The
jury immediately returned a verdict, dating the unsoundness
of mind from March 1, 1841.
SHEFFIELD OLD BANK.—At the Leeds District Court of
Bankruptcy, on the 3rd instant, a meeting of the creditors of
Parker, Shore, and Co. was held. The balance sheet, which
amounted to upwards of 150 folios, was produced, and the
following is a summary. On the debtor side :—January 16,
1843, ledger accounts, £324,806 18s. Bd. ; deposit accounts—
principal, £155,465 15s. 9d. ; interest, £3,993 2s. 6d .—making
the total due on deposit accounts, £159,458 18s. 3d. Notes
in circulation, £46,581. To Rogers and Co., London bankers,
£9,881 3s. ; making the total of debts owing amount to
£540,727 17s. 2d. The liabilities are stated at £151,810 9s. 9d.
on each side of the account. _ The profits of the business in

_ •
each year are stated to have been as follows

-1835,

£5.020 4s. 10d. ; 1836, £6,964 15s 10d ; 1837, £8,765 14511 d ;
1838, £4,841 2s. 4d. ; 1839, £6,46155. 6d. ;1840, £6,552 5s 8d ;
1841, £6.739 85. Bd. ; 1842, £4,704 19s. Bd.; 1843, £795 6s 10 ;
total profits £50,809 4s. 3d. Capital on the Ist of January,
1835, being the balance of assets and liabilities appearing in
the private ledger to be in favour of the hank at that date,
being the commencement of the partnership of the bankrupts,
£76,338 16s. id. Balance unaccounted for, £2.601 13s. 10d.
The total on the debit side of the balance sheet amounts to
£822,238 Is. Id. Besides the abovementioned sum set down
as capital, there is a memorandum at the foot of the balance
sheet stating that the bank had the use of the following
sums :—Brought into account of Samuel Shore, £84,809 15s. ;
to account of Hugh Parker, £16,294 4s. 7d. ; to account of
Offiey Shore, £18,200: total, £119,803 19s. 7d. On the
credit side of the balance sheet we find—" Interest on de-
posit accounts, debtor side added to principal upon the
amount proved, and which interest appears under liabilities,"
£3,993 21. 6d. The debts due to the bankrupts are stated to
be—good, £220,705 is. 4d. ; bad, £165,889 15s. 4d. ; doubt-
ful, £151.655 Ils. sd. ; total debts due, £538.251 14s. Id.
The liabilities, per contra, are as before stated, £151,81095. 9d.
The property (exclusive of debts) taken or to be taken by the
assigneess, is stated at £22,654 2s. The amount of bank
rents included in the amount of ledger accounts on the
debtor side of the balance sheet is set down at £16,37005. 9d. ;
the losses by bad debts at £43,277.25. 6d. ;.making the total on
the credit side of the balance sheet to be £822,288 Is. Id.