The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-04-12 00:00:00

THE REV. HUGH M'NEILE ON MESMERISM.

NVetinesday, was repeated and reduced to writing.
The testimony of Mrs. George, of the George and VW..
tore, having been read, Mr. Rushton, by desire of Mr. Da-
venport, asked her whether Mrs. Clayton did not say to her,
that they had taken her into the room, at Gretna, and kept
her there against her will. She replied in the negative, and
adhered to her original statement. _

The witness alluded to by Mr. Snowball having arrived.
her examination was taken.

Susan Raton sworn.—My husband is an innkeeper. No.
40, Great Nelson-street. I know Mrs. Chainley. She lives
opposite to me. I cannot swear to any of the prisoners at
the bar except Mrs. Jones. She was at my house one after-
noon, about a fortnight or three weeks ago. She was with a
little man who used to be seen walking up and down the
street, and he would come in occasionally and take a glass of
ale. tle asked me to take dawn the blind, saying, ha wanted
to watch a person who was across the way at Mrs. Chamley's.
tie remained and watched some time. Three gentlemen
came in the afternoon while Mrs. Jones was there, and they
asked for the ma❑ who was watching, but he had gone. They
asked for a room up stairs to watch from. I said I had not a
room up stairs. They said they would rather forfeit £5O
tha❑ miss her. One of them said his brother was a doctor,
and the person they were watching owed him some money.
They said she was a very singular character, as she seldom
slept two nights together in the same house, and that she
carried her night-clothes about with her in a bag. One of
the party said they wanted to see her without Mrs. Chamley,
for she was a d—d old bail one. The three gentlemen ordered
the man and woman to sit, one at the one side of the window
and the other at the other, and she was to let them have
whatever they pleased to drink, and they would pay for it.
The gentlemen went dut at the back door, on a sudden.
Mr. Rushton asked what rank of life Jones was in

Mr. Davenport.—He is by trade a stone-mason. He un-
dertakes contracts, and he has had, I believe, the manage-
ment of :fOmething in the paving department for the parish.
Mr. Rushton.—lt is my intention to commit all the pri-
soners for trial, the greater part of them on a charge of
felony, either as principals or accessaries. Some of them
will be committed, also, for conspiracy, which commitment
will, of course, be in default of bail.
The prisoners M`Gill, Quick, Rogerson, Jones, Mrs.
Jones, and Duval were severally asked, after the usual cau-
tion, if they had any thing to say. They replied, " Nothing."
Mrs. Clayton was reminded of her former statement, and
asked if she had anything to add, or if she wished it to
stand in the depositions. She said she would leave it en-
tirely to her legal adviser.
Mr. Davenport said, if it were left to him, he should say,
no.

Mr. Rushton asked Copeland, alias Martin, if he had any
thing to say.
Copeland.—l shall leave it to my legal adviser.
Mr. Rushton, (addressing Copeland.)—The charge against
you differs from that against the others. You are charged
with having cheated and defrauded Miss Crellin of the sum of
£250. I have to inform you, therefore, that von will be en-
titled to bail. You will, therefore, be released on giving two
sureties in £lO9 each, and entering into your own recogni-
sance in £2OO, to appear at the next Assizes to answer any
indictment that may be preferred against you, and you will
have to give forty-eight hour's notice of the bail. All the
other prisoners will be committed for felony, and as 1 said
before, some of them will also be indicted for conspiracy.
Those who are committed for conspiracy would be entitled to
bail ; therefore, the only way in which they can be committed
is in default of bail.

Mr. Grocott.—Do I understand you, sir? is Rogerson
to be committed for felony ?

Mr. Rushton.—Undoubtedly.
Mr. Grocott.—Do you not think, sir, there is a shade of
difference in this case?

Mr. Rushton.-1 think not a shade. They will be commit-
ted as principals and accessaries.
Mr. Snowball said it had just struck him, that Copeland,
who was to be admitted to hail, might have the £250, of
which he had defrauded Miss Ctellin. in his pocket. He
might procure bail by giving one hundred pounds to each,
and walk away with the other fifty.

Mr. Rushton said, if Copeland had any money in his pocket
the bridewell keeper would know of it. The Legislature had
intrusted the Justices with the power of fixing bail, and it
was his duty to order such bail as was not excessive. He
had in the case of Mr. Dunlevy, ordered the sureties to be
seventy-five pounds each ; and, in the present instance, he
thought the bail he had named was sufficient. If, when the
bail was tendered, Mr. Snowball could show that the parties
had been indemnified, lie would not accept them.
Mr. Snowball said he had an observation to make, win ich
knowing Mr. Rushtons determination, he did merely as a
matter of form. He had already retained counsel to conduct
the case at the next Assizes. He knew Mr. Rushton's opi-
nion on the subject of a public prosecutor • but at the request
of Miss Creilin, he had to apply that that lady should be
bound over to prosecute.

Rushton said he could not depart from the rule obser-
ved in other cases. The plan laid down and followed by his
excellent predecessor, Mr. Hall, he fully approved of, and
he believed it was the best, for the ends of justice, that the
Commissioner of Police should, in all cases, be bound over
to prosecute. It was an excellent system from which they
never deviated, and it prevented all tampering with the pro-
secution.

Mr. Snowball repeated, that he made the application
merely as a matter of form.

Mr. Rushton said there could be no objection to the appli-
cation; and, if Mr. Snowball wished to found any thing on
it in the way of appeal to a higher quarter, they would take
it as formally made. .

Mr, Davenport said that he was requested to apply for
bad on behalf of Mrs. Jones. .

Mr. Rushton said he could not comply, as it was evident
th It Mrs. Jones had been most active in this affair, inde-
pea lant of her husband.
All the witnesses, with the exception of the married women.
wh -He husbands will have to be bound for them, enter into
Cc ,gnisances, in the sum of £lOO each, to appear at the next
~sizes to give evidence.
The prisoners were removed from the bar, and the exami-
nation terminated at a quarter before seven o'clock,

The prisoners M Gill, Quick, Jones and Mrs. Clayton are
committed for felony, as principals in the abduction : the
the prisoners Rogerson, Mrs. Jones, and Duval are also
committed for felony, as accessarics. All the above priso-
crs will be indicted for conspiracy, which isa bailable offence,
but, as they cannot be bailed for the felony, except on ap-
plication to one or more of tha judges, they must be com-
mitted on this charge as in default of hail. Copeland, alias
Martin, staiAs committed for having defrauded Miss Creliin
of the £250.

LECTURES AT THE MUSIC-HALL

On Friday evening week the fourth of the series of lectures now
delivering at the Music-hall, on the novelties of the creed of Pope
Pius, was given by the Rev. W. falloon, We were unable our-
selves to be present, and therefore are compelled to give the follow
ing abridgement of the lecture, which we take from the Protestant
', an admirable and cheap monthly periodical, which we

Sentinel,

take this opportunity of recommending strongly to the notice of
our Protestant friends. The address of the reverend gentleman

was listened to with the greatest attention, and it was replete
throughout with powerful argument and kindly Christian feeling
Mr. Falloon, from all we hear, has produced, by this lecture,
strong impression upon the public in his favour as an orator and
controversialist. The subject of the address was the fourth no-
velty, as follows :
" I embrace and receive all and every one of the things which
have been defined and declared in the holy Council of Trent, con-
cerning Original Sin and Justification." The reverend lecturer,
although suffering from indisposition, performed his task in a very
eloquent and elaborate manner. In the course of his observations
on the subject of original sin, he very ably exposed the fallacy of
the ltomish Church with regard to the sacrament of baptism. In
order to lay before the audience the etact value the Romish Church
put upon this sacrament, he read two passages from the Rhenish
Testament, which set forth that the sacrament of baptism gave
salvation ex opere operato, which meant that the mere performance
of the ordinance took away sin; and that the remission of sins in
this tile, and sanctification, were given by baptism. The subject of
baptism was a grave one; and it was painful to find so close an
accordance upon it between the Romish Fathers and their sons and
admirers the Tractarians of Oxford. It was grievous to hear the
eulogiums passed by men sitting in the seat of the Reformers, on
those who would ennoble the ordinance itself—the mere external
ceremony—into the internal thing meant ; forcing into undue pro-
minence things good and beautiful in themselves, by elevating the
ordinance of Jesus to equal value with Jesus Christ himself. It was
unscriptural and irreligious to make men dispensers of salvation ;
yet this impression must be made on any impartial reader ou a
perusal of the Oxford Tracts. Far be it from him to say they did it
intentionally : their learning was undoubted, and their zeal could
not be concealed; but learning or zeal, however great, was not a
perfect test of truth. In proceeding with the subject, the reverend
lecturer quoted from Bishop Burnet, who said baptism was a pre-
cept, not a means to salvation. Rome said, the very performance
of the act did of necessity bestow regeneration. Bishop Burnet
also said " an internal benefit may be conferred at the time the
external ordinance is performed; but the external ordinance is not
of necessity a charm to give salvation." To maintain that baptism
of necessity gave salvation, was to maintain that salvation was' by
baptism, and not by the sovereign grace of God : and instead of
faith, substituting the mere performance of the sacrament, which
he believed our Lord and Say our Jesus Christ never intended.—
The Council of Trent decreed that " Whoever shall say that sin is
not wholly removed by baptism, let hint be accursed." But the
Council acknowledged that concupiscence remained after baptism ;
but that it was not of the nature of sin. Now St. Paul said, "If I
do that I would not, it is no more I that do it, but sin that dwelleth
in me ;" St. John—" If we say we have no sin, we deceive our-
selves, and the truth is not in us."
The Council perceived it had committed a monstrous error, in
maintaining the doctrine of universal corruption, without remem-
bering that they had involved the Virgin Mary ; for, if universal,
sure enough the Virgin Mary was born in sin ; and the belief in the
immaculate conception was at once destroyed. Upon the disco-
very of this error, the Council further decreed, " that it was not
their design to include in this decree, which treated of original sin,
the blessed and immaculate Virgin Mary." Thus did they tamper
with God's eternal truth, and their last error was worse than the
first. _

The reverend gentleman then proceeded to the consideration of
the decree of the Council, passed iu the sixth session, on Justifica-
ticn by Faith. There were sixteen chapters in this decree, and
thirty.three canons, each winding up with the anathema, "let him

be accursed." His object was to discover the grand feature of
Rome's mistake in the doctrine of Justification by Faith ; and in
doing so he could not produce any thing new or universally ex-
citing. The glorious doctrine of the atonerneut—the precious gem
of Christianity in the English Church—being under ban and inter-
dict ; the current coin of apostolic truth—the pure gospel—hin-
dered from free circulation amongst the counterfeits of the Romish
Church, and the base mixture of man's works substituted in its

stead—there was enough remaining still to detect the imposition,
to detect the illegality of the tender, even though it bear upon it
the stamp of Oxford. A great deal depended upon the meaning of
the word justification; and this could only be determined by its
use in the, original languages. The reverend lecturer then quoted
from Isaiah, the Psalms, and St. Paul's Epistles, to prove that
justification was a law term, and signified to acquit—to pronounce
righteous on trial; and in this manner it was plainly put in con-
trast with condemnation. He would treat the subject as if there
were two parties—the judge on the bench, the criminal at the bar,
and a fixed standard of law to adhere to ; God the Judge, man the
condemned criminal, Gcd's word the law. He would then call three
witnesses, and ask them how the criminal should be made righteous
before God?—the Apostles of Jesus Christ, the apostolical Church
of England, and the apostate Church of Rome. The verdict of the
apostles was justification by the free mercy of God, through the
merits of Jesus Christ, made ours by faith—not of works, but by
faith, that it might be of grace : the prisoner is pardoned—Christ
haat pardoned him. The second witness, the Church of England,
said, in the 11th article, they were accounted righteous before God
only for the merit of our Lord and Saviour Jesus Christ, by faith,
and not for our own works. Here was a re-issuing of the apostolic
coin, under the auspices of the Church of England, whose image
bore the Redeemer's own name. The third witness, the Council of
Trent, said—" Whoever shall say man is saved solely by the
righteousness of Christ, let him be accursed. " How utterly was
this at varience with the tuneful chord struck by the apostles, and
so faithfully re-echoed by the Church of England ! The lecturer
read several clauses from the decree of the Council of Trent, of
similar tendency. He then quoted from the early fathers showing
their liblief in justification by faith, and not by works, and cited St.
Augustine, St. Chrysostom, and St. Ambrose ; he would also quote
from a father of the lath century—the noble, the judicious Hooker,
in opposition to Trent, which maintained justification by prepara-
tion, by works, by our merits, and not by the merits of Jesus
Christ. There was great importance in defining justification, and
in keeping it distinct from sanctification. In the 7th canon, it was
said, that justification was not justification alone, but also sancti-
fication. The whole of Rome's errors sprang from this : con-
founding that which was done for a man with that which was
doing him; blending justification and the righteousness which was
complete, with the sanctification of the Holy Spirit; blending that
which was perfect and done, with that which was imperfect and
progressive. This was the great point—the gravest error on the
part of Rome.
The rev. lecturer continued at great length to dilate on the
minutiae of the doctrines of the Church of Rome, with regard to
justification by faith ; and after likening the penances of the Itobinoid
st!
Chiuch to a rotten plank, said to his audience, that the atoning 1
of Christ was their plank—it was fixed, and it was eternal, it was
endurable for ever.

Coffee.—Fine East India
The Finest—Full Old East India flavour 1 10J recommeded.
The description which is much esteemed ell over the Con-
tinent of Europe, where Coffee is justly celebrated for its
peifection of quality, and is therefore peculiarly calculated
to •meet the English taste.—ROBERT ROBERTS and Co.,
Royal Bank Buildings.
April 11, 1812,

The mesmeric exhibitions which are taking place here and
elsewhere came under the review of the eloquent minister of
St. Jude's, in his sermon on Sunday last. The view which
he takes of Mesmerism has so much justice in it, and ti e
objection he urges against it, in its present state, at least,
is put forward with so much plainness, that we readily ac-
cede to the request of several readers to report that part of
the reverend gentleman's discourse. Whether he be right
or wrong we shall not stop to enquire; but we must say that
the position he has assumed displays the boldness and
sincerity of his ministerial character in a new and prominent
light.

The text selected was the 2d chapter of St. Paul's 2d
epistle to the Thessalonians, verses 9 and 10.—" Even him
whose coming is after the workings of Satan with all power,
and signs, and lying wonders, and with all the deceivableuess
of unrighteousness in them that perish."
The reverend gentleman gave first a short digest of the
scriptural evidence for Satanic agency among men ; and then
a brief exposition of the kinds of agency which we have
reason to expect from the devil in these latter times till the
second coming of Christ; and he then applied these scriptural
truths to some exhibitions now going on.
The Rev. Gentleman having, with his usual power, dis-
cussed the two first topics, proceeded to the consideration of
the third nearly as follows :

With this scriptural state of things before us, appealing to
these facts, knowing by the sure word of God that such a
power (as Satanic influence over the bodies of men) is abroad
in the world, and that we are liable to be assailed by it—
knowing that many signs and wonders, some true and some
lying, may be exhibited by this power along with men who
deal with familiar spirits—l say, with all these before us, we
come as furnished Christians to examine into one particular
work or power or pretence, or sign or wonder. For this
purpose I have drawn out this scriptural information for
you ; and I ask you to consider what is now going on, in this
very town, and occupying within the last few days, as I per-
ceive, a portion of the public press, which is put into all your
hands to read. First, I institute the enquiry—is there any
real power, any supernatural power, in this Mesmerism, or is
it nothing but fraud ? Is it nothing but human fraud for
gain-sake, or is there anything in it beyond the power of un-
assisted man to accomplish ?
In forming a judgment upon this, I go, of course, upon
what I have read. I have seen nothing of it, nor do I think
it right to tempt God by going to see it. I hold in my hand
a very remarkable paper, taken from a late number of Cham-
bers' Edinburgh Journal, which professes to give an account
of some circumstances which the writers themselves beheld.
The reverend gentlemen then read a description of the
exhibition of animal magnetism, by Mons. Lafontaine, on
the young gentleman who appeared with him on the occasion
of his last visit to Liverpool, the phenomena in which we
described fully at the time. Here, he proceeded, is one of
the cases set forward by apparent authority. I do not vouch,
of course, for the facts of this case as here stated : there may
be some misapprehension; there may be some collusion. But
supposing the effect took place as here stated, then, beyond all
question, it is beyond the force of nature. It is not in na-
ture, so far as we have yet learned (and I shall speak of this
a little further presently), for any one to be so tortured in
sleep without being awoke out of that sleep. Here is some
power then. It may be lodged in nature : there may be some
secret operation, the discovery of which is now being made
for the first time ; something like the power of compressed
steam, which did exist in nature long before its discovery
took place • or like electricity. But if there be, those who
pretend either to have made the discovery, or are making it,
will ascertain the laws upon which those operations of nature
are carried on ; for it is a part of all nature's laws that they
shall act uniformly. And I would say to the professors of
this science, if they call it a science, that they should come
boldly forward, and state the law of nature by the uni-
form action of which this thing is done, and not confine
themselves to experiments in a corner, upon their own
servants, or upon females hired for the purpose. The
uniform action of the properties of matter can be stated,
and it becomes the philosophers who are honest men, and
make discoveries of this kind, to state the law—to state
its uniform action. But this is not done at present.—Mr.
M`Neile then read another paper extracted from the re-
port of the magnetic experiments made by the Committee
of the Royal Academy of Paris, detailing an operation for
cancer upon an old lady, aged 64, whilst under magnetic
influence. Not only was the cancer, which was upon the
breast, removed whilst she was in this state, but it was
dressed and redressed without her feeling any pain, and
what is equally singular, whilst she was calmly conversing.
The operation lasted ten minutes.—lf this be a falsehood,
Mr. M`Neile proceeded, then certainly there is something
almost supernatural in the effect, and we have a whole
academy joining to tell and pnblish this lie. If it
be the truth, if the fact be so, then here, beyond
all question, is something out of the range of nature, out of
the present power of man, sinless this is a new science. We
know what sleep is, and we know what pain is. We do not
know all the properties of matter certainly ; and there may
be some occult property in matter which these men have dis-
covered, and which may have the effect, when applied to the
human frame, of rendering it insensible to pain. if there be
such a property in matter, it will act uniformly, for that is
the character of nature's acts. There is no caprice in na-
eure. All the laws of nature act unifcirmly. Let these
scientific gentlemen remember this—if this be a science, let
us have the laws upon which these properties of matter act.
When the science of compressed steam was sent forth among
men, the law of its acting was given, and its power always
appears in proportion to the pressure or to the compressure.
It is the same in every science. Every physical science is
subject to a rigid examination of its law ; it can be stated as
well as the uniformity of its action. So the shock of the
battery is always proportioned to the charge. Observe,
I am not running down, as they accuse us who take the
Bible for our standard, of running down science. We are
not running down science at all. We ask, if it be a science,
for the law, the uniformly acting law. Let it be remem-
bered that until this is given we are at liberty to reject it
as a science.

The Rev. Gentleman then proceeded to express his belief
that tne pretended miracles related by Lord Shrewsbury, as
having been seen by him on the continent, the etatiea and
the adolorata were nothing but exhibitions of mesmerism.
They were entirely explained by it. In conclusion, he cau-
tioned his hearers against occult science. Science, said he,
if open and above board, 1 would examine it ; it courts ex-
amination ; but not so long as it is kept secret, so long as it
is a passing of the thumb, and a movement with the fingers,
and signs, and talismanic tokens without any intelligible law
laid down, without stating some property in matter, and how
it acts, the nature of its action upon human flesh, how it
stops the circulation of human blood, how it arrests the sen-
sibility of the human frame, how it prevents the delicate
touch being felt in the cutaneous veins. Let them put firth
a scientific statement with regard to the nature of the
operation of matter upon human flesh, the laws by which it
operates ; and
if it be in nature it will act uniformly
and not capriciously. If it operate capriciously there is
some mischievous agent at work, and we are not ignorant
of the devices of the devil.
The discourse of the reverend gentleman occupied au hour
and twenty minutes, and was listened to with profound
attention.

CHESTER ASSIZES.

CROWN COURT.—MONDAY, APRIL 11
(Before Mr. Justice MAor.E.)

(From our own Correspondent.)

THE MURDER AT TILSTON

Ann Edge, who was acquitted on Saturday, was again
placed at the bar this morning, charged with the wilful mur-
der of her brother, James Edge, a little boy eight years of
age, on the 23d of June last.

-It appeared, that on the day in question the prisoner went
home to see her parents, being at the time living a servant in
the neighbourhood ; that she took her brother and sister into
the garden, and afterwards the deceased accompanied her
part of the way home. On his return he was taken
ill, vomited very much, and next day died. The prisoner
visited him during his illness, and desired a medical man
should be sent for, but none was called in. The prisoner
about that period sent to Mr. Hooper's shop at Malpas, for
twopennyworth of arsenic, which she said was to poison a
dog with, but on being apprehended, she admitted purchas-
ing arsenic from Mr. Hooper's shop, but said it was for a
woman at Bolesworth, whose name she did not know. In
consequence of the sudden death of the prisoner's sister,
supposed to be in consequence of having had arsenic admi-
nistered, the body was exhumed on the 12th of August, but
decomposition had commenced, so as to prevent the features
being known. The coffin was removed to the Rectory Court-
house, at Tilston, for the purpose of a post mortem exami-
nation beinglinade, and the counsel for the prosecution was
about to identify the coffin, by the inscription on the plate,
when

Mr. TEMPLE, for the prisoner, contended that the dis-
cription on the plate could not he given iu evidence, as the
plate itself might be produced.
On this the learned JUDGE directed an acquittal, ruling
that as the contents of a piece of paper could not be given
in evidence without the production of the paper itself, he did
not see any thing in the present case to make it an exception
from the general rule._

.._ -
[The trial of the Stockport rioters was proceeding lust
evening, when our reporter left Chester, at eight o'clock.]

FATAL COAL-PIT ACCIDENT,

SEVENTEEN LIVES LOST, AND EIGHT SEVERELY

INJURED

MANCHESTER, SATURDAY NIGHT.
It is our painful duty this day to relate the particulars of
one of the most melancholy accidents attended with the sa-
crifice of human life that has occurred in this part of the
country for many years. It took place in the extensive coal
mines of Messrs. Swyne and Lees, known by the name of
" Flowery Fields," situate in the township of Newton, Lan-
cashire, a small village about six miles from Manchester.
and about three miles from the borough of Ashton-under-
Lyne.

The number of miners employed in the various depart-
ments of the mine is said to be about 50 or 60.
It appears that about eleven o'clock on Friday morning the
men in the mine, and the banksmen at the first entrance to
the mine, were thrown into the greatest state of Warm by
hearing a rumbling noise, accompanied by a tremendous
shock, which was quickly followed by an explosion and all
emission of ignited inflammable air. It was known that there
were 26 persons in that part of the mine where the exPlestis::
took place. Meantime Mr. Potter and Mr. F. Tinker, _
surgeons in the neighbourhood, arrived to render medical
ntiemen
aid. After the lapse of some hours the medical
deemed it safe to proceed in search of the massing
succeeded
and after a protracted and dangerous search, they
unfortunately, all
in finding eight of the missing colliers, but,
and others
quite dead, some of them having been suffocated
cer that it
much bruised and burned. It ,was soorl
E.
orcy
I afterwards
g:ufferers,
was on this spot the air first ignited; anti De- .
me p so , but also dead.
seven more were found near
extxeme end, of the
The search was prosecuted,
the remaining ten were discovea
being about 200 yards
d run fot safety,
first exploded. One
mine, where they had
the deny
distant from the place where
.0" Booker, was in the last
and iirsab-tpbue'ta'n hour afterwards
of them, a person named J pitiable state of ex-
d man named Grimshaw. John
haustion, especially an elderly
found, and Grimshaw was so
agonies of death,
Bowker died soon after n
to Wyeprese his life proved fruitless.
far spent that all efforts
one of his fellow workmen. Four
• din the arras of
uch exhausted as their corn
He expire and theeorlthyers in a
so m
of the eight were
notsomewhat recovered they were conveyed
rades, and beingf the pit, and thereby afforded the remain-
to the mouth 0.
t a better suply of fresh air, ei at en
ing four and th
tirons of d
theants surgeons were much facilitated.by
which the opera

BOWLING GREEN.—This delightful green,
ENNEAD
BM:. to Ai, willoughby's hotel, opens for the season in
attscohnurs
eof the week. The company attending it last year
the
from Liverpool and this side the water was numerous, but,
i.,—(,,, the increase of subscribers, it will be much larger this
season.

CONSERVANCY OF THE CHESHIRE SIDE OF THE MERSEY.
—A petition, signed by the most influential landed proprietors
in this neighbourhood, was last week forwarded to London,
to oppose the application of the Liverpool corporation for an
act of parliament' to obtain the conservancy of the Cheshire
shore of the river Mersey.
WOODSIDE FERRY.--The bill to authorise the commissi-
oners of Birkenhead to purchase Woodside Ferry, has passed
through committee in the House of Commons.
MADAME LAFFA.RGE.—It is' mentioned in the French
journals, that this unhappy person has become lunatic, and
that an application has been made for her removal to an
asylum.

°VTR LANeABIIIIIE Aesins

pecto

,on.ieqttehees ate jest What blight We btett eel
Mr. Lowe, of whom he (Mr. Knowles) wished to
CROWN COURT-3'
RIDAY• I say nothing harsh, as he was a fallen, and he sincerely hoped
(Before Mr. Baron PARKE.) a repentant man, went and raised money on the same pro-
d JUDGE took his seat at a few minutes after perty by a second mortgage, on which Mr. Duncan, who
was his intention to leave town in the evening, was ignorant of the first mortgage, assigned the attendant
hat he would take all the cases which might be terms, and though second, that mortgage was entitled to
him until five o'clock in the evening. take first, and as the property would barely cover the second
\SENT OF A CHARTER PARTY—BROKERS mortgage, his clients, as Mr. Statham said, were entirely
commissioN. " cut out." Another charge of negligence he founded on
'SELL.—This was an action brought by this. Even though Mr. Duncan had not executed the convey-
'' for the recovery of the sum of £67 ance, it was a common mode of doing business in Liverpool,
Le from the defendant, Russell, to to give what was equivalent to a notice of the first to the se-
was counsel for the plaintiff, and cond mortgagee; so that, if the first did not get a legal es-
defendant. tate, he got one in equity. He would show them that was
oed by Mr. HOGGINS for the plaintiff. the invariable practice of solicitors in Liverpool, and he
ship broker, and the defendant a ship- would call before them some of the most eminent of the pro-
-nd in the month of April, 1841, a ship fession. In the usual course of business the purchasers and
',nt, called the Stormont, came to the mortgagee got the title deeds, and then there was no
The nlaintiff then put himself difficulty at 'all, for that made it impossible to execute a se-
hester, the owner of the cond mortgage. But• this was often impossible, for land
eerson named Smith, the being sold in small parcels, only one person could retain the
f his principal, to take a cargo original title, which, in his conveyances of the parcels, he
*nu. and 20s. per tcn covenanted to produce, and have notices of incumbrances, if

ion du

o the detenc
rom H

duras.
th Captain Ibc

Tin Smit

he rest on the same terms as I any, endorsed on the principal deed

clerk t,

I communication.with ti

bt his vessel at

Weaver in April,
aptain of the Stor.

ate of £3 17s. 6d

) the captain a charter-party, and saw,
louse, and asked him if he had got any
about the charter-party ; and he said
I afterwards on 'Change, and some con-
between the plaintiff and defendant.
11 what he thought of the Honduras
"ought it the best he could
He said that
mmunicate with any other party without see-
ichael's authority for proposing
1 that the commission was five

m his ow

y, and

for three

four days

about ten months, and had latterly been doing busi-
i own account. Had been with a person named
id bad been discharged. Weaver had never before
ess for the Stormont. Applied to Capt. lbcbester,
tnont, for the first time, in March. Told the cap-
uld have £lO for himself if he would accept the
•ty. Believes Honduras to be an island in the
:a. Defendant said, if he thought of taking that
would call on Mr. Weaver. Saw Mr. Carmichael,
dered to accept the charter-party.
NT DAS, on the part of the defendant, contended that
Ction had not been conducted in a business-like
ad be thought the jury would see that the verdict
or the defendant, as it would have the effect of
_he adventurous spirit manifested by the plaintiff,
roughout the whole transaction, bad not acted with

cretion. He called several witnesses to show that
of the contract had not been entered into by the

ed the jury on the part of the plain-
wincipal question was whether or not Ras-
- with the plaintiff.

3d when on 'Chang

HIP went carefully over the-evidence, and no-
arly those parts of it which he considered wor-

consideration, the jury returned a

g no other case r

ly, his lordship adjourned the

VISI PRIUS COURT.—FRIDAY.
(Before Mr. Baron ROLFE )
[PORTANT TO BUILDING SOCIETIES

AND OTHERS V. CURRY AND ANOTHER.
lintiffs in this case were trustees for the Crown
Society, in this town ; and the defendants, P. F.

1 G. Statham, were

solicitors,

Ind Mr. Crompton were counsel for the
Mr. Cowling, and Mr. Watson were

cnowles
; Mr. Word

)wtEs stated the case. He said, it would be his
to to the jury a case unquestionably of considerable
It was important to the gentlemen who had a
)f money at stake, and to the defendants, who, in

to their interest in the case, were otherwise con-
Is it necessarily imputed to them want of professional
attention, although no gentleman could impute to
,nt of professional skill. The plaintiffs were the
of the Crown Savings' Fund and Building Society,
iction was brought by the plaintiffs, as trustees, to
compensation in damages for the loss that society had
through the negligence of the defendants in a trans-
a which they were retained by the society. The
nis established under the act of parliament which
I societies of this kind. Jt was a sort of savings'
those individuals who wished for a place of safe
or their money, and it had also a further object, that
Log to its own members loans of money from time to
the funds of the society accumulated. He was not
at any thing would turn on the rules. The funds of
ty were divided into shares of a certain amount, and
might subscribe for any amount of shares, or for
a share. The shares from time to time were suld
of auction to the highest bidder, he paying interest
ig some security to the society. At the origin of the
here was a member of the name of Charles Lowe (a
ich would become familiar to the jury) in the society.
to original shareholder to a considerable extent ; an
, a man of high respectability at the time be spoke of,
appeared to all the world. He was a member of the
in Liverpool, a firm which must be well known to
firm of Radcliffe, Duncan, and Lowe, and pro-
-3 circumstance of Mr. Lowe being
t Messrs. Radcliffe, Duncan, and
for the society. In the year

-in Mr. Lowe embarked in some building
He purchased land from Mr. Gladstone, at
began to erect buildings thereon, and it was
carrying that purpose into effect that he was
ave a loan of money from the society. It hap-
time that the society had considerable funds in
re could be no objection to lending a man of Mr.
pectablity ; the only thing that was necessary be-
noney was lent was that some solicitor should be
on behalf of the society, in order to look into the
ler. Lowe, and to take any further precaution which
rs duty, in order to insure that the security which
we gave the society was an ample, indefeasible Be-
n- the repayment of the money. Mr. Lowe offered
gage on part of the property at Seaforth, and in
y cases, as Radcliffe, Duncan, and Lowe were the
rs to the society, it would have been their duty to do
ling necessary for the society in this transaction; but
is case Mr. Lowe was the part borrowing, it would
?.n inconsistent in Mr. Lowe to have acted on both
Accordingly, the two defendents, Messrs. Curry and
, were selected. Mr. Lowe, as was usual in these
epared a draft of the mortgage, and it was laid be-
defendants, as the solicitors of the society. In a
the mortgage deed prepared, and two of the trustees
at defendants' office to advance the money and to
security. When the trustees got to the
Lowe was there, and the deed was lying on the
)re the money was paid over, Mr. Ashlin (one of
) asked Mr. Satham if the deed was a good se-
r. Statham said it was, and it would be his duty
tificate to that effect. Accordingly, a check for
landed over to Mr. Lowe, who executeed the
was attested by Mr. Statham. Afterwards the

c tificate was given to the trustees :
" Liverpool, 24th May, 1839.
et —We do hereby certify that we have perused
c Lowe to a piece of land, messuages and
ted at Seafortb, in the county of Lan-
we do approve of the same ; and we have also
e conveyance of the said Charles Lowe to you of
iessuage and premises, and that the same is a good
ce, by way of mortgage, to you for the security of
of money advanced by you to him, and find that it
—:tv with and contains the several covenants

f (Marks

rules of the society; and we further certify
has discharged our claim for the perusal
Ice of the said deed.
CURRY and STATHAM."

Signed

ind further paid ano-
lo trouble, relying on the skill of

is home

Mr. WolterLiv requ,
tion.

letirne the interest was regularly paid,
ne a bankrupt, and the plaintiffs were
n put down not as a secured, but as
solicitor who had

The learned gentle-

..arrative of the interview which will
the evidence of Mr. Ashlin.] All that
do was to go home and make inquiry, and
find that, as Mr. Statham bad so happily
" cut out," that the money was irre-
-417 gone, or could only be recovered by the verdict of
He would now go into the particulars on which he
'he charge of negligence. Mr. Gladstone purchased
', of which this was a part, from the Earl of Sefton.
of course the same title as his lordship's. They
id there was no title so universally well known in

ated the r

Iciety was

No
oneir
e:efton title."
Dance. No attorney ever inquired
Now
thought of going any further for a safe
1 their freehol:ll
Lord Sefton and his ancestors had pro-
file
wr!terest by two attendant terms, the one
1 years on
He
would
estate, and the other of 1,000 on
iey.
lf what were eaneendd,eavour to explain to the jury the
ses granted for various
.` attendant terms." They were
. of mortgage nls purposes—marriage trusts,
ate fee—since no And it happened often that the
freehold and the I:th:could have two titles, the
-ri at once, withoutther to the leasehold interest,
1 desirous to keep up lesser being merged in the
Iffidetrhe term, would have it
me other person, trust, and, while owner
fee, the term would down in parallel lines
thoentrivance there were
'n heritance. For tht
re
would explain to
r‘ehased a freehold
,I that one of the jur Puy one very obvi-
, money for it, and that &nod his title
title
title was
,rit terms, though the ih
re was some flaw in it.
have his
the fee
,e purchaser would still,
ahsis title
protected
in
eat
Aendant term, and an estate almost as good
itself. In every conveyance of an estate
d by
it was the first duty of the professional
,it was properly conveyed. When Mr GZin..
Aght this estate of the Earl of Sefton, this terns
,nveyed in trust to Mr. Eden. When Lowe Poe_
d of Mr. Gladstone, it was conveyed to his partner,
Duncan; and there could be no doubt that it was the
of Messrs. Currie and Statham to have that term
ned in trust in some one to protect their clients. They
I not but know—every attorney must know, that such a

or tha

a term,

ry ; and if not, in the conveyance to
found the term assigned. [Tbe
ead the deed of conveyance to Lowe, de-
.ist in Mr. Duncan of all unexpired terms.]
Ac•nrel the

e was necess
y would ha

Ir. Lowe was made a v.-arty to th
d to hP f

that this mode of doing

For even if Mr. Duncan

The effect of thi

hJciia,;i,t do, there w

„,..ing the term over to somebody
...y might hate their remedy by filing a
, and Mr. Duncan was a very unlikely person
thing of the kind; but, at all events, the title'was
ae one, and would need the assistance of a court of
) perfect it ; and he believed the highest names in
their disapprobation of the substitution
for an assignment of it. He was
there to contend that, if executed properly, a declaration
iuld not protect a party from injury, or that he could not
to equity for a remedy. But what was the fact? Mr.
Duncan never executed the deed at all, and the first charge
of negligence -which he brought against defendants was, that
instead of seeing everything done which ought to have been
done, they saw his clients paying away £BOO without seeing
anything done beyond taking a conveyance from 'Awe him-

ad expres

tion of a

the trade, and the homeward voyage to be at the that in this case had the attorney for the second mortgage
the owner of the ship. The captain, however, said looked to Gladstone's conveyance to Lowe, and found the
authorised to decide upon the matter in the ab- incumbrance endorsed, he would have known the fact; and
s principal. A charter party was afterwards drawn even had defendants done nothing else, it was their duty to
the captain received, and said he would commu- have made a note on the deed of Gladstone to Lowe, and
t his principal. Soon after this a meeting of the. thus prevented the second mortgage. Neither of these were
k place, and the terms of the charter-party discus- done by the defendants. They suffered plaintiffs to lend
:fendant, however, said he had not made up hie money without a title, and they had no mode of getting the
her he would go to Montreal or take the• voyage money back but through the verdict of the jury—that, then,
i. It was afterwards understood by the plaintiff was negligence on the part of the defendants. Could any
efendant had eccepted the terms of the charter- one, looking at the circumstances, say that they were not
everything was considered perfect, Weaver having guilty of negligence? It was of great importance, when neg-
thing that was necessary on his part. The defen- ligence was clearly proved against attorneys, that juries
yards, without making any further communication, should give ample damages. No profession was of more
iyage to Belize, and on returning, the defendant importance to society—none exercised a wider influence.
e money for the cargo, but refuses to pay Weaver Every man's property was at their mercy, and on their skill
is comission, and the present action was and integrity every one relied. He had made no imputation
Mr. Noggins then called the fol- on the defendants beyond that of carelessness. Messrs.
Currie and Statham were doubtless highly respectable men,
and he was certain that the jury would not, because they
were respectable men, be less inclined to do justice to his
(Mr. K.'s) clients.
Mr. William Parr was called

—ls a proprietor in the so-

Mr. WORTLEY objected.
Mr. KNOWLES read the act relating to building societies,
making members competent witnesses in any trial relating to
the " property" of the society.
Mr. WOR'TLEY contended this did not relate to the " pro-
perty" of the society. It was an action arising out of a con-
tract and personal relation.
Mr. COWLING followed on the same side. The witness
was a partner, not in form but in fact, and was incompetent
if this clause did not make him competent. The learned
gentleman contended that the object of the clause was quite

tions relating to property. If the intention had been what
Mr. Knowles contended for, the language would have been
quite different. The intention clearly was to apply to crimi-
nal proceedings and actions of tort.
Mr. WATSON followed on the .same side. The witness
was clearly a plaintiff, and it never could be the intention of
the legislature to couch so strong a provision in such ambi-
guous words, when the full meaning might have been so much
more briefly and fully expressed.
The COURT thought the form of action was quite immate-
the_real object being to recover money for the

:sled a note to be taken of the objec-

Mr. Parr was president of the society in May 1839. Mr.
Lowe apPlied for money on mortgage ; he was a member of
the society ; he was an attorney, of the firm of Radcliff,
Duncan, and Lowe, solicitors, of great respectability ; they

were our ordinary solicitors. [Witness pioduced a written
application from Mr. Lowe.] There was a discussion upon
it. It was agreed that Currie and Statham should be applied
to. They are a well-known respectable firm, and it was agreed
they should prepare the mortgage.
Cross-examined by Mr. WORTLEY.—The society is carried
on under rules. Every member has a copy. There are some
copies in court. I have heard the mortgage deed was pre-
pared by Lowe, but I cannot say positively. I heard some-
thing of the sort. lam president yet. Ido not know when
the second £BOO was paid. The secretary is here. Duncan
and Lowe had been our solicitors from the first. The soci-
ety was established in 1837. Cannot say what fee was given
to Messrs. Currie and Statham. Never heard it was one
guinea. The mortgagee always pays the expenses. It would
not appear in the accounts of the society. By a rule, I sup-
pose.
The COURT
expenses.
Cannot say that it was usual to take mortgages by demise;
that was the business of the trustees. My duty as president
is to state the amount of cash received, and to sell shares.
The general body does not know to whom money is lent ;
only the committee, until the annual report.
By Mr. CROMPTON. —I am not a conveyancer. Ido not
understand legal points. 1 think I heard that Lowe pre-
pared the draft.
Mr. Capes Ashlin (the same objection was made to this
witness as the last, but was overruled) was a member and a
trustee in 1839. Was present when Mr. Lowe's proposal
was made, and heard the discussion. It was agreed to lend
him the shares. After that met Mr. Lowe at the office of
Currie and Statham. Mr. Evans, another trustee, was with
me. We met by appointment with Lowe. Saw Mr. Sta-
tham. It was on Friday, May 24, 1839. Mr. Lowe was
there. On walking into the office I said Mr. Lowe requested
them to act on behalf of the society, as the mortgage was to
himself. Mr. Statham said that he was aware of it. My
co-trustee inquired of Mr. S. if the deeds were all right. He
said they were, and had prepared a certificate accordinsly.
I cannot say that the word security was used. The deed
was lying on the desk, with a book of the rules of the so-
ciety. It was executed whilst we were there, after the con-
versation. I handed a check for £B4O to Mr. Lowe. Did
not take away the conveyance. Mr. Statham said he should
have to prepare a certificate in reference to the conveyance.
I then went away. On the following day went with Mr.
Evans, by appointment. to the office. Then received the
mortgage-deed and certificate, and copy of conveyance and
abstract of title. Went away. Mr. Evans took the docu-
ments. Air. Statham gave no further directions about them,
nor gave any further advice. I recollect Mr. Lowe's bank-
ruptcy. 1 think it was about May, 11311. I.lp to that time
the interest on the mortgage had been paid. In consequence
of information I and Mr. Neilson, another trustee, went to
Currie and Statham's office. Found Mr. Currie there, and
subsequently Mr. Statham came in. Mr. Currie is the se-
nior partner. Mr. Neilson inquired of Mr. Carrie why
Lowe oad placed the society amongst the list of general cre-
ditors ? He repl;ed, that he had acted as solicitor on the
part of Mr. Lug.. and that Lowe informed him that a se-
cond mortgage had been effected on the same property, but
he would send for Mr. Pritt, of the firm of Avison and Pritt,
as they held the second mortgage, as he was anxious that an
arrangement should be come to between them and us, other-
wise he should advise Lowe to quit the country. Mr. Pritt
came. An explanation was entered into with reference to
their claim having the priority to ours. He contended he
had the priority to the property, and explained that they,
were solicitors for Hind's executors, and had taken the mort-
gage from Ralph Peter's executors. I said ours must have
been the first, as we had made an advance during the build-
ing of the premises, and we held the certificate of Currie and
Statham that the conveyance was good. Mr. Currie asked
how was that ? He appeared angry, and asked Mr. Statham
if that were so. Mr. Statham said it was, but it was a good
conveyance at the time. Mr. Currie replied, he should not
have done so without consulting him. I asked, who acted
as solicitors for Ralph Peter's executors? Mr. Statham re-
plied they had. Then, I said, you are actaally taking a se-
cond mortgage on the same property for which we hold your
certificate. He said, " There must be something wrong
somewhere, otherwise there would be no difficulty in transac-
tions of this kind." When he said it was a good one of the
kind, he went on to say how, in consequence of Hind's exe-
cutors having taken a mortgage from Peter's executors, the
society was cut out. Mr. Currie said he wished an arrange-
ment could be come to with Avison and Pritt on the part of
Hind's executors and the society, and suggested that, the
society being a wealthy body, should pay off Hind's mort-
gages, and be possessed of the property. The amount was
asked by Mr. Neilson, and the reply was somewhere about
£7OOO. 1 said, we had no authority to make any arrange-
ment, but we would refer the matter to the committee. We
have never been able to get any thing back. _ _ _

—lt is always a rule for the mortgagee to pay

By Mr. WORTLEY.—This is a wealthy society. I heard
of the second advance when the buildings were completed. I
have seen the property. It is at Seaforth, six miles out of
Liverpool. There was one house, and the ground attached
to one house. There were other houses, one of which he
occupied. I found Lowe at Statham's, and the deed ready
prepared. The certificate was ready prepared. It was not
said that the certificate bad been dictated by Lowe. In our
society the trustees remain in office as long as the society
think fit. I was removed last December. 1 was not aware
they had any reason to complain of me. I was removed for
the purpose of being a witness. Mr. Evans was also removed
for the same reason. I did not peruse the mortgage deed. I
do not know that it is different from the usual form. I am not
aware that the mortgages were always taken by demise of
the term, and not of freehold. Mr. Priest is secretary : he

is not a lawyer. I never saw the draft of the deed :-these
were never sent to the society ; it is not usual to do so. On
the second day we took away the deeds and the certificate.
Mr. Evans took them to his office, and we afterwards depo-
sited them in the society's box at. the bank. We were bound
to deposit them by the rules of the society. I do not know
that any fee was paid by Mr. Lowe. The name of Rector
Brookes is mentioned as connected with Ralph Peters's exe-
cutors, the person who had the second mortgage. It was
proposed we should purchase up all the mortgages and get
good title to the estate, as we were " cut out."
The CouaT.—Tbe proper legal expression is more ex-
In the books it is called "squeesed