The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-04-05 00:00:00

The impressions were all the way np
—..e. There were several impressions: of the right
loot. but none of the left. I did not find any impression of
a woeum'a foot at all. The impression which I saw was of a ..,e declaration in this case was in trover for the reeovery
man's foot. I made an exact pattern of it with a piece of of cei lain title-deeds in the possession of the defendant.
brown paper. I could not compare it with th,t in the bank The r etendant pleaded first, not guilty ; and second, that'the
because the impression was very faint. When.' apprehended plaini ins were not lawfully possessed of the said deeds.
him, I took off his shoe. I compared it with the pattern, and Mr. CROMPTON having opened the case, Mr. KNOWLES
it appeared to correspond. 1 observed that there was one stated the circumstances on the part of the plaintiffs. The
row of nails in the sole, two in the heel, and the heel bad action was brought by the plaintiffs. Mr. Richard Seimles,
mode a deep indentation. I took the boot to compare with his mire, Sarah ;!;clioles, and Mr. Jonathan Grindrod, against
the impression immediately after he was apprehended, about Mr. William Hilton, to recover from him the possession of
one o'clock. The impression which 1 made with his shoe certain title-deeds of lands in Lower Bebbington, in Cheshire'
corresponded exactly with the others. 111 the kitchen be of which the late Mr. William Hetherington died possessed
made a statement to too. He said he had met with her the of the tee simple. By his will he devised all his estate to hi'
tight before, at Mrs. Winfield's, the Old Cow Public-house. widow, who was now Mrs. Scholes, and to Mr. Joie,'
When he left the house, lie found her standing in her street, Grindrod. Mr. Hetherington had advanced to Mr.
nosite her door. He asked her if she would ;v.) and take a Topham, an attorney of Liverpool, the, sum of £1,500,
with him. They went to the house of Benjamin Udine, he held as security the deeds of certain property in Wootton
•eral Wolfe, in Church-street, where they had a glass and in Brownlow-street, Liverpool. In September, 18:36,
ar two. When they came out, he went to Mrs. Hope's, the Mr. Topham became anxious to pay off this sum, and he
Bull's Head, had two glasses there, and went borne. When wished for the property at Wootton and in Brownlow-street,
lie arrived at home it wanted two minutes to twelve o'clock. to substitute some other security. This business was Ms..
He said he did not go out again that night. 1 searched his naged by a Mr. Pennington. Mr. Pennington communicated
house, and found this book in the drawers in the house. I with Mr. Hetherington, and in the end it was agreed that
asked him where the troe'sers were that he had worn the Topham should pay off £7OO of the mortgage, and give secu-
evening before. He said they were up stairs in
.his bed•roorn. rity for the remaining £BOO. On the sth of September, 1836,
I found them. There was black mud on them up to the Mr. Topham paid off £_7oo; he therefore received back the
knees. The knees were split, and there was a pin in one of deeds relating to the ootton and the Brownlow-street pro-
the knees. It was such mud as there was in the footpath. perty, and he gave in undertaking, to assign a mortgage for
By Mr. WILKINS.—The mud in Warrington is principally £BOO which he himself had upon certain property in Cheshire
black. I cut that pattern on the path, The path was .--the property the title-deeds of which the present action
muddy. I know a man named Boscow. He did not tell me was brought to recover. A Mr. Price had mortgaged that
that the footmark on the bank was his. I have not seen Boa- property to Mr. Topham. It consisted of three parcels of
cow since. I have not good reason to believe that that is laud, and one of these parcels was the property to which the
the mark of Boscow's shoe. After I had heard that Boscow deeds related. Mr. Price mortgaged to Mt. Tophani " The
had been clearing grass out of the ditch, I went and I found Riding," situated in Bebbington ; and as this was an ample
two marks of feet. I told Mr. Stubbs, one of the magistrates, security for the £BOO which still remained due from Mr.
that I had some doubts about. Clough's evidence. At two Topham to Mr. Hetherington, Mr. Hetherington had no
o'clock that morning there was a violent hail storm, which objection to accept au assignment of this mortgage. Upon
lasted about twenty minutes. Frost came on after the hail, that, Mr. Hetherington became entitled to all the title-deeds
but the hail had all incited, seeming as if there had been a relating to that piece of property. At the time when this
thaw. I have generally seen Clough in his sweep's dress,— security was changed, Mr. Tophatu gave up to Mr. Hether•:.
when clean he generally wears a blue round jacket. The ington, as he thought, all the deeds relating to this property;
hedge opposite the body was not more than half a yard high. but by some accident the particular deeds in question were
There was a bottle in the basket will a colourless liquid in not delivered up. Mr. Hetherington died in 1839. There
it, which smelled like gin. was no occasion for any enquiry about the deeds, because
Rose Johnson sworn.—l live at Warrington. On the 14th . Mr. Topliain paid the interest till he became bankrupt in'
November I was sent for to the Ring a Bells. I found the 1841, and it-Was not till after the death of Mr. Hetherington
deceased there ; her dress was deranged. The sleeves of her that the mistake was discovered. After Mr. Hetherington'se
dress were torn out under the arms. She had a bonnet on death the plaintiffs were desirous of availing themselves of •
which was terribly crushed. The crown was torn out ex- their power of sale s and in order to prevent that the ree•:.
cept a little bit. It was tied under the chin. She had a cap presentatives of Mr. Price were anxious to pay off the
on which was hooked under the chin. The cap, bonnet, and mortgage, and their attorney tendered the money. It was
hair were dry, but the clothes were not. One of her stock- then discovered that tile particular lease and release in ques-
logs was down. I observed all over her body soil and wet, thou were not among the deeds, and it was afterwards found
She had a little mud abdut her nose and chin. I helped to out that they were in the possession of Mr. Hilton, the de-
wash her body. - relid•not obsei-ve any dirt in hec mouth or • fendant. Mrs. Price then refused to pay the money ; Si)
nose. There was rand about her nose and. mouth. She that the present plaintiffs could neither avail themselves of
seemed as if' she had been pulled by a man. [Some of the the power of sale, nor get the mortgage-money back, because
evidence here was not fit for publication.] I observed bruises , Mrs. Price would not pay it till the deeds were given up to
about her knees—below her knees. her. He understood that the defendant married a lady of
Cross-examined by Mr. WILKINS.—I say she was covered the name of Shallcross; and he believed that his defence
with wet and mud all over. I have never said she was free to-day would be this—he would say that Mrs. Shallcross,
from soil above, the knees. I believe I never did. Since I when he married her, had several suns of money in the
was before the magistrates I told Mr. Nicholson that the hands of Mr. Topham, as her trustee, and that part, if not
sleeves were torn out. In the first instance 1 said her dress the whole money which Mr. Topham advanced to Mr. Price,
was not much deranged. I have washed the dress save. I stud price's mortgage to Tophain, was the trust money of
assisted in laying her out. The countenance appeared very Mrs. Shallcross.' The defendant married Mrs. Shallcross ;
placid. by the marriage settlement lie had an interest in her property, •
Edwin Steel, surgeon, Warrington, stated that he had ex- which was afterwards confirmed by .her will ; and he now.
amined the body on the 13th November. 1 did not observe said that lie was entitled to these deeds, because the money
any external marks of violence, except below the knees. The , of his wife was the money which Tophani advanced to Price.
shins looked red, as if something had been rubbed against There was no reason to believe. this stars' to be true, but if
them. I opened the body. There was nothing to indicate it was true, he (the learned counsel) apprehended that his
that there had been recent connexion. .1 examined with a lordship would tell the jury that an equitable right would
view of ascertaining that fact. There must have been some give the defendant no title to hold these deeds. They were
traces if anything of that sort had occurred on Saturday part of the property, and they must go along with the legal
night, but there were none. Witness went on to state that estate. The plaintiffs had the legal estate, and an equitable
he found the lungs and liver congested, but he attributed the equitable estate in the property ; and having a legal as well
death to apoplexy of the lungs. Disease of the lungs would as an equitable right, they were clearly entitled to the pos-
cause it. There were no marks of disease. Suffocation session of the deeds.
would cause it. Cold would cause it—excess of drink, or _ The deed, dated dated 7th and Bth of January 1833, (to re-
injury of the spinal cord. I did not examine the spine. If cover which the present action was brought,) was then pro-
the female had drank freely, and been resisting an attempt ducal from the defendant's custody, and put in : also the
to violate her, the excitement might have brought it on. If lease, by the trustees of the late Mr. Orred of " the Riding
the hand had been put over the mouth, the drink would have at Bebbington, to Mr. Price ; the mortgage of the property,
caused her to be suffocated sooner • but there would have ' dated Ist and '2d April, 1833, to Mr. 'Popham, by Mr. Price
been some mark about the mouth. l'here was•no mark about for £7OO ; and the undertaking of Topham to assign this
the mouth, and none about the neck. If there had been a i mortgage to Mr. Hetherington, dated September 9th, 1836,
struggle with a man who wished to ~"et possession of her for the considerations mentioned in the opening of the learn-
person—if a pressure on the chest had been so ereat as to •ed counsel.
prevent respiration, it might have produced the effect, but Mr. John Pennington, solicitor, was then called, and he
not without such pressure as would have prevented the mus- proved having acted as attorney for Mr. Hetherington in all
Iles of the chest from acting. these matters. Mr. lietherington's will was then put in to
By Mr. WiakiNs.—From all that I have heard and know ' chew, that amongst other property he had devised the mort-
of this case, it is my opinion that this woman may have died gage in question to the plaintiffs.
from natural causes. As she was a muscular woman, if her Mr. James Wilson, clerk to the plaintiffs' solicitors, prov- LIABILITY OF BROKEBS.
death had been produced in the manlier described by the ed having demanded the deed from the defendant, and that DOUGLAS AND ANOTHER tl. GLYNN AND ANOTHER.
counsel on the other side, thee. is by a struggle with a man, he refused to give it up. The plaintiffs in their declaration alleged that the defen-
I should have expected to have found many more marks This closed the plaintiffs case. dents were indebted to them in the sum of £425 10s. for
than I did. I have heard that the deceased frequently corn.
Mr. BAINES, (with whom was Mr. G. Henderson,) then goods sold and money received upon an account stated. The
Henryland Richard P. Glynn, brokers, of this town,
enry Glynn,
were represented by Mr_ Wortley and Mr. Crompton.
the defendants,
plained of pains in her chest. Had I known that, I should - addressed the court and jury. He said he appeared before
have directed my attention to her. stomach, as well as to the -them as counsel for the defendant, and he trusted that he Mr. Knowles and Mr. Cowling appeared for the plaintiffs,
lungs. Ulceration of the stomach is a common cause of should be able to establish, to the entire satisfaction of the
() n
bpulseiandeesds tilni at
N theye
wrowueurdel
annodt ; liable.
an d
who were James Douglas and James William Douglas, who
sudden death, and would have produced complaints of pains jury, under the direction of the learned judge, that in point
in the chest. Excitement is produced in the system by ardent of law, the defendant was entitled to retain these deeds, which defendants
carry
spirits, and more so in women than men. That excitement were unquestionably in his possession. He should have been
is generally followed by collapse, which, in a cold frosty air, glad if this investigation had taken place elsewhere, not that The action was terouget to recover £425 10s., the balance
will induce an almost indomitable desire to sleep. If that he had any doubt whatever of the justice of his client'
£925
lOs., fora cargos case, of -ofcod oil, which the plaintiffs
,
desire were yielded to, all the consequences might follow but because, in order to explain fully the nature of the cir- . i snpped to this country in December last, be the brig Marge-
which I discovered in the deceased. Alarm might produce cumstances under which it came into his possession, and the
ret. The oil was consigned to Messrs. Valiance rind Henry,
the excitement, and that, coupled with the attempt to scram- nature of the circumstances which entitled him to retain it,.
merchants, of this town, who acted as agents of the plaintiffs
ble out of the ditch, might have produced the apoplexy of he should he under the disagreeable necessity of making strong
in the sale of it. They sold the oil to Mr. John Davies, who
the lungs. I believe it to be impossible to say what caused • imputations upon tne character of a professional gentleman, was then carrying 6 • here, and ti • mode in which
on business the
the apoplexy. . which he would gladly have avoided had it been in his power,
the sale was effected was this :—The defendants who had dealt
Mr. John Robson sworn.—l am a surgeon in Warrington. but which, as he could not avoid them consistently with his with Messrs. Valiance and Henry, acting as his agents, pur-
-1 assisted Mr. Steelan examining this body. Witness stated , duty to his client,he must not flinch from. He only des;rect
chased the oil for Mr. Davies, at the rate of £3l 10s. per
his agreement with Mr. Steel as to the appearance of certain ' the jury to be ilepossession, in a clear and connected man-
ton. The invoice and a note of sale left no doubt that the
parts of the body. His evidence was generally accordant nor, of the circumstances of the case, because when they n-
sale had been made to Mr. Davies. There was considerable
with that of Mr. Steel. He said his opinion was, from the derstood them thoroughly, they would s_eelthat nothing could
difficulty about the money, and at last Messrs. Valiance and
want of marks of violence, that the woman died in conse- be more just than the claim of Mr. nosn to retain this
, Henry- received £5OO from the defendants, leaving the balance
quence of exposure to cold when in a state of intoxication. deed. It would therefore be his busto go througn
of £425 lOs , which it was now sought to recover. On the
Any sort of excitement might have produced the appearances the whole transaction, and if the jury would.e follow him in
day that this balance was to be paid Mr. Davies stopped
which presented themselves. If she had fallen into the ditch dates and facts, he should be able to make r out a complete payment. It was shown by the evidence of Mr. Thomas
and got wet, that would have produced the first appearances case for his client. They had heardotfl .conNtli *Hilton, about
Dover, of the firm of Thomas Dover and Co., warehouse-
and accelerated her death. If she had got wet and then strug- February, 1833, was upon the point . acting marriage
lerable men, that on the 30th December, they received an order to
filed out, that might have caused her apoplexy. From the with MrsgShallcross, a lady of
realenns" securities.property.
She transfer the oil in question to the defendants, and that they
appearances and history of the case, lam of opinion that the Lad several sums of money in
had a further She had
• were still in possession of it. Under all these' circumstances
appearances were produced gradually. , £1,600 in her own hands ; and she
.. .
__ sum of
the plaintiffs contended that Messrs. Glynn were liable for
His LORDSHIP put it to Mr. Brandt whether he would go £BOO in the hands of her bankers, I
11, essrs. Heywoods of this
the balance. On the other hand the defendants contended
town. Being, about to contract this marriage,, it was deter-
that the plaintiffs had trusted Mr. Davies, and that instead
mined that a Marriage settrement s, 'fl
wil' be the r''''"
"'a of seeking to lecoNur from th,, brokers, they should prove
Mr. Topliam, It was arranged, shout trustee under
against the estate of Mr. Davies, under the fiat issued
that settlement. This settlement bore date the 27th of Feb.
against him.
1833; and without going through the whole of it, he would
The jury returned a verdict for the plaintiffs—Damages
state its provisions, as far as they related to the present case.
£425.
deed, It was provided by
. this that Mr. Topham should be-
come the trustee, that ;whichMrs. Shall-
cross the securities Shall-
cross held for money, should be transferred to hint ; that the
sum of £1,600 which she had in her hands should be put in
his, and that the further sum of £BOO, iii Heywood's bank,
should also be put into the hands of Topham, for the purpose
of enabling him to perform the trusts of the marriage settle-
ment. Tire trusts were briefly these—that during the joint
lives of Mr. and Mrs. Hilton, Topham should pay over to
them the rents, profits, and interest of these several securi-
ties ; that after the death of Mrs. Hilton, it' she should (lie
first, Mr. Hilton should be permitted to receive the same for
his life, and that after the death of Mr. Hilton, the ultimate
interest in the whole property should go to such issues as
Mrs. Hilton should, by her last will, appoint. There was this
aleo provided, that it should be lawful for the said John Top-
ham to invest, upon such government or real securities, as he
should think fit, the different sums of money of which Mrs.
Shallcross was possessed, and which came into his hands as
trustee, with the consent and approbation of the said Mr. and
Mrs. Hilton,—that lie should, at different times, when it
might seem expedient, but with such consent and approbation
of Mr. and Mrs. Hilton, transfer such securities to any other
investment, and this he should be at liberty to do during the
joint lives of such parties. This was material, because they
would find that Mr. Topham, in the breach of the trusts of
the marriage settlement, did transfer to Mr. Hetherington,
whose representatives the plaintiffs were, the deed of mort-
gage in question, which formed one of the securities entered
into under the marriage settlement, and. he did this without
the knOwledge and approbation of Mr. and Mrs. Hilton,
'though they were both in their lifetime. What he should sub-
mit in law to the learned judge, by and bye, was, that if Mr.
Topham did, in breach and fraud of that trust, convey away
property which he had no right to do, it was quite impossible
he could give a title to anybody else, and above all, he could
not substantiate any claim against the defendant. It was oti
the 27th Feby., 1833, that the deed of settlement was made ;
on the Ist arid 2d April the indentures of lease and release
were executed which had been put in. MraTopham had
:looked out for a mortgage security for the £BOO- which had
been transferred to him as trustee ; Mr. Price, whose name
had-been often mentioned, wanted some money ; Mr. Topham
communicated with Mr. and Mrs. Hilton, and they agreed
to let him have that £BOO on the security, and then Mr. Price
executed that instrument, which as the jury had heard, was the
mortgage security from Mr. Price to Topham in fee upon
receiving the sum of £BOO. From that time Mr. Topham
continued to pay the interest regularly to Mr. and Mrs. Hil-
ton, during the whole of Mrs. Hilton's life, and after her
death to Mr. Hilton long after he had transferred the mort-
gage. : That transfer took place in 1836. In September,
1836, Mr. Topham having a debt due from him to Mr.
Hetherington, in breach of his duty as trustee, actually as-
- signed to Mr. Hetherington the' mortgage security which
belonged to those for whore he was trustee, which had been
obtained for money, which he ought never to have transferred
either as a professional or as a moral man, and that without
,approbation, or even knowledge, upon the part of Mr. and.
Mrs. Hilton. Mrs. Hilton died in 1837 : this security there-
fore was transferred in her life time; and by that instrument,
the marriage settlentect, the jury would find, that Mr. Top-
ham was expressly prohibited from making any transfer of
any security except by their consent. This was (lone without
their knowledge or approbation. It was under these cir-
cumstances that the transfer was made to Mr. Hetherington
in the year 1836. Down to 1840, when Mr. Hilton discovered
-the-breach-of tru-51.•0f, which Mr. TOpham had been guilty,
- ~• - • • . .
and learned that tt&-transfer had taken place behind his-back
in 1836, and to the bankruptcy of Mr. Topham in 1840, the
interest was paid by Mr. Topham no doubt with the view of
keeping the parties in the dark as to what had been done;
and it was only when Mr. Topham was finally broken up
that these circumstances came to light. Mrs. Hilton died in
1837. The jury would remember that by the terms of the
marriage settlement she was to have a power of appointing
by her last will the uses to which the whole of the trust pro-
perty should go after her death. Site made her will, and she
devised all her property, real and personal to her husband,
the present defendant, who thus became interested, under the
joint operation of the marriage settlement and
lot the will, in
all the property his wife had ; among the rest this sum of
£BOO, which was put out on the mortgage security, in the
mortgage security itself, and in every other kind of property
of which his wife died osseWhen Mr. Hilton became
. P S .
. • non to Mr. Topham for the
so interested, he made applica f all
different securities which he held,. d for an the payment o
over
money which he, as trustee, had. Mr. of payment
over
money
all the other securities, of every kind, to Mr. Hilton ; butt
this mortgage security, of the Ist arid 2d April, 1833,ewodaes niin
forthcoming. It was above two ears before lie,succ. d
and even in 1839 this mort-
obtaining the other documents ;
made various
gage deed was not forthcoming. Mr. Topham .
excuses for not returning it : at one time he had changed his
office ; at another the carelessness of his clerk had mislaid it;
and at another he was unable to tell what had become of it at
all. At this very time the transfer had been made to Mr.
Hetherington, and Mr. Topham must have known that he was
making these excuses in order to conceal the real nature of
the transaction which had taken place from Mr. Hilton,
whom he had thus been the means of defrauding. Mr. Top-
ham, he understood, was a professional man in this town;
and let it not be understood that he was applying to this case
epithets harsher than it deserved. He was willing to. believe,
from all he had heard of Mr. Topliatn, that he did this im-
proper act at a time when he was much pressed himself, and
with a bond fide intention, upon his part, that no injury
should be sustained by those for whom he was trustee, and
with the full purpose of restoring the deed as soon as he could.
Unfortunately lie was unable to do it ; and it was not until
his bankruptcy, in 1840, that Mr. Hilton had any notion that
his mortgage security had been transferred in fraud of
him in 1836. They would by and bye have some reason
'to believe that he (Mr. Topham) knew the real nature
of the transaction; for lie would now state some circum-
stances to which he would call attention in point of time and
fact. In 1840, Mr. Topham became bankrupt, and then all
these matters came out. He was brought before the Com-
missioners of Bankruptcy. Mr. Norris attended on behalf of
Mr. Hilton ; there was an examination of Mr. Tophani on
that occasion ; it became necessary for him to give some ex-
planations, and then this circumstance came cut, namely,
that there had been a transfer in 1836, without the approba-
tion of Mr: and-Mrs. Hilton, to Mr. Hetherington. It

trust.
The JUDGE was clearly of opinion that he might • unless
somebody or other could a better title by he title deeds.
The marriage settlemeli c, was eventually admitted, in order
to skew how Topham had become entitled to possession ; and
also Mrs. Hilton's chew that if there were any parties
equitably entitled it was 3 fr. Hilton.
M r. J ohn Topham, wlOse name has been so often mention-
ed, was then called by Mll. BAINES.—No answer being re-
turned, he was called by' be Marshal upon his subpoena, with
the same result. •
Mr. BArNES said, that 'under these circumstances he should
tender, as evidence, certE.,in declarations which Mr. Topham
had made, upon the grou ad that he was the principal under
whom the plaintiff chino d.
The JUDGE said he we ulld admit any declarations made be-
fore the transfer.
Mr. Bairqus said he bad no evidence of declarations made
before the transfer, but he had of declarations made after-
wards

JUDGI: said be sho 4111 not admit as against the party
to whom the title was given, declarations to do away with the
effect of his own acts. H e would, however, take a note that
such declarations had been,, tendered, in order to show that the
plaintiff was not entitled to the deed in question, as against
the defendant.
Mr. BAINEs said this wars his case.
The JUDGE said there vras no case at all. The property
bad been conveyed in the regular course, and the plaintifts
were entitled to the deed.
The jury, under his lordship's direction, returned ti verdict
for the plaintiffs for £4OO. subject to the damages being re-
duced to 40s. on the deed being given. •
HIGGIN, ADMINISTRA.TFUX V.
This was an action to recover the value of certain house-
hold goods demised to the plaintiff under the will of a per-
son deceased, which the defendant wrongfully detained. The
parties reside somewhere in the neighbourhood of Burnley.
The circumstances of the ease were turnteresting ; and the
jury returned a verdict for the plaintiff—Damages £54.

JACKSON V. PRESTON

This was an action to recover damages for an illegal dis-
traint, at Warrington. Mr. Wortley and Mr. Atherton
appeared for the plaintiff; Mr. Dundas for the defendant.
The jury returned a verdict for the plaintiff—Damages
I £lB 18s.

Mr. BRANDT said he did not think he bad evidence enough
to get over the difficulty.
His LORDSHIP said unless there were proof of violence
the case could hardly go on. He was, however, perfectly
ready to pursne the inquiry.
Mr. BRANDT said he had evidence of the prisoner having
left her, but whether alive or dead he could not show.
Mr. Robson was recalled. He declared his opinion to be
that the deceased had fallen into the ditch, and being intoxi-
cated, had struggled about for a few, minutes, had scrambled
out, and in crawling along had, from the effect of drink and
exhaustion, fallen forward, and there died.
Mr. BRANDT said, after this he felt it would be useless to
go on.
The jury immediately acquitted the prisoner, and he was
discharged.

ILLEGAL DISTRAINT.

MARSH V. GERARD AND WARD.
The parties in this case live at. Eccleston, near St. Helens,
and are connected by relationship. The action was brought
to recover damages from illegal distraint, under circu►n-
stances of no public interest. Verdict for the plaintiff,
damages £6O.
The court adjourned at seven o'clock.

THIRD EDITION.

Thomas Rouse, aged 29, was charged with having, at Roy-
ton, induced by divers others to the jurors unknown, violated
the person of Mary Whitehead, wife of James Whitehead,
nurseryman, of Pendleton.
It appeared from the evidence that, on Sunday, the 12th
September, Mrs. Whitehead went from home to Poyton,
which is about eight miles from Pendleton. She went into a
beer-house, and had some drink. She was in the habit of
drinking, and was nearly intoxicated when she left the house,
which she did in company with the prisoner. It was alleged
that the prisoner had, with others, taken Mrs. Whitehead,
into a field, and there abominably ill-used her. Mrs. White-
head now stated that the prisoner had done all he could to
screen her, which was at entire variance with her testimony
in the depositions taken before the magistrate.
The details of the case were exceedingly disgusting. It ap-
peared that the outrage was witnessed by. several individuals,
who did not dare to interfere. The prisoner was certainly
present, but the only witnesses who swore to his having taken
any part in the affair were two police-officers, who were
brought to the scene by a man who had seen what was going

Standard-office, Three o'clock

LIVERPOOL CORN EXCHANGE,—TaIs DAY

(From Messrs. R. MAKIN & SONS' Circular.)
Since this day week we have received very scanty arrivals
of Grain and Flour coastwise and from Ireland, and of Oat-
meal the quantity is only moderate. From the Continental
ports of Europe and the American States, however, we have
to note a tolerable supply of Wheat, with 929 qrs. of Indian
Corn and 3363 barrels of Flour from the latter source, inclu-
ding 1000 quarters of Egyptian Beans, all of which, under
the existing duties, are being placed in bond.
The following are the quantities of Grain, Flour, and Oat-
meal, computed to remain i❑ Liverpool, on the 31st March,
1812 :—Wheat, in bond 178,808 qrs., free 50,000 qrs. ; Bar-
ley, in bond 10,371 qrs., free 6,000 qrs. ; Oats, in bond
13,887 qrs., free 10,000 qrs. ; Rye, in bond 500 qrs., free COO
qrs. ; Beans, in bond 20,800 qrs., free 23,000 qrs. ; Pease, in
bond 7,627 qrs., free 6,000 qrs. ; Flour, in bond 103,555 bar-
rels, free 30,000 barrels and 10,000 sacks ; Oatmeal, free
85,000 loads.
The present advance upon Wheat, in London, and recently
in other leading markets, having been preceded by the rise
here in the course of the last two weeks, has not produced
any general effect upon the value of that Grain at our market
to-day, although the samples displayed were less numerous
than for some time past. Except a parcel or two of very
fine Pomeranian free Wheat, which brought 10s. per 701bs.
for Ireland, no improvement was obtainable upon the cur-
rency of this day se'night : our quotations of that date there-
fore remain unvaried, and the millers having been rather

on.
The jury retired at a quarter before two o'clock. They
returned into court in about ten minutes. They found the
prisoner guilty of an assault with intent, and recommended
him to mercy on account of his previous good character.—
Sentence deferred.
FALSE ACCUSATION, WITH INTENT TO EXTORT MONEY.
Daniel Seholefield, aged 21, was charged with having, at
Middleton, accused Henry Moore of having committed an
unnatural crime, with intent to extort property from him.
Dr. BROWN prosecuted ; M r. WILK' s defended.
The details of this case are totally unfit for publication.
The prisoner, it was alleged, had accused Moore, and de-
clared he would press the accusation unless a suit of clothes
were given to him.
It was stated by Dr. BROWN in his opening, that a person
named Cheetham, who was named by the prisoner as a par-
ticipator in the crime against Moore, had been taken into
custody since he had been before the Grand Jury, on charge
of having really committed such a crime some time ago.
His LORDSHIP said, according to the state of the law, it
did not matter whether the offence alleged had been actually
committed or not. If there were any charge to be made, it
should be made before a magistrate, and not urged with the
intent of extorting money.
It, appeared that the accusation had been mere vulgar
Under the direction of his lordship, the prisoner was

inactive, no extensive business was transacted.
In bond, about 500 qrs. of Ancona Wheat have changed
hands, at Gs. Bd. per nibs, and a cargo of Odessa, afloat, at
41s. 6d. per qr., including freight.
Free States and Canadian Flour, upon a moderate demand,
supported the advance of Friday, English and Irish remain-
ing dull at _former prices.

acquitted.
Cheetham was subsequently placed at the bar charged with
the abominable offence alluded to. The case broke down,
the evidence being insufficient to sustai►► the charge. The
jury acquitted the prisoner.

Prime malting Barley was ls. per quarter dearer, whilst
grinding qualities, as well as Malt, Beans, and Pease, con-
tinued to meet a limited sale on the terms last noted.

FORGERY

-hard Parker, aged a 9, James Jackson, and Mary
Taylor, 39, were charged with having, at Rnadiii6;lbtOtti=.
ously uttered a forged note for the p:tyment of £5, with intent
to defraud the Halifax and Huddersfield Joint Stock Bank-
ing Company.
Mr. Robinson and Mr. Pollock prosecuted. Mr. Green
defended Parker and Mr. Wilkins appeared for Jackson.
Thomas Whip, watchniar and jeweller, Rochdale, re-
membered a man and wor,,,a (Mary Taylor and Jackson)
going into his shop on ff, evening of the 2d of Pebruary.
They asked to be shown a wedding ring. Mary Taylor said
she should like a better one. She purchased one. The man
bought a guard chain. Mary Taylor pulled out a£s note on
the Halifax and Huddersfield bank, and told him to take pay
out of it. He refused the note, telling her he thought it was
a bad one. He went out and compared it with some other
notes of the same bank. He did not discern that it was a
forgery, but had his suspicions. He returned and found that
Jackson had gone. The woman Taylor remained, and he
saw Parker looking carelessly from the opposite side of the
street. He returned the note to Mary Taylor, saying he did
not like it. Ile gave information to the police at the railway
station. On his return he obtained sight of Jackson, who,
with some exclamation, ran off.
Sarah Jackson proved that about seven o'clock on the even-
ing of the 2d of February she was in the shop kept by Mary
Taylor's mother. While there Jackson and Parker entered.
They asked Mary Taylor to go out. with them, saving they
wanted her to buy a ring, and do an odd job or two for
them.

Although choice Irish Oats are quoted 3s. ld. per 45 lbs.,
other descriptions were in slow request, and the-turn cheaper.
Oatmeal, likewise, having been taken off very sparingly,
scarcely retained our last quotations.

ARRIVALS OF CORN.
From the 29th March to the 4th April, 1842, inclusive

COLST- CANADA' VG-
TOTA
LAND. I WISH. & U.STS.I

319 537
isgo
21 1742
996 462

2654 6560 ; 10070
1890
1763
1458

1000 1514
4

Wheat,

It appeared, by the further evidence, that the three pri-
ls,o,
ant ee rhs
wwaesn
st u
bto s 4tu
epnut ll iyl i es -eht oiui
ps eo n a
tnhde dp
ar ar
tni
ek s
,s oanni
de
tti ii
emye
were A
•
seen offering the £5 note for several articles which they at•
tempted to purchase. They were taken into custody, and
on searching Jackson's house an impression from a plate for
the manufacture of £5 notes of the Halifax Bank was found.
It was not filled up.
Mary Taylor addressed the jury, stating that she was
Taylor an excellent character.
re-
quested to go a few errands for Parker and Jackson. They
gave her a £5 note, and requested her to make some purchases
for them. She did as they desired her.
Ralf-past six o clock. They returned
..rcyharac.ter.,
found Jackson guilty, acquitting
in
Parker
TSa oii me
quartere
jury i
also• it
retiredtrioeefsc sae eni hour,
received
ret , 1
goodaiNanll
daf
the other two prisoners.
Jackson was sentenced to ten years' transportation.
SENTENCE ON JOHN TAYLOR.
having killed his
R.
John Taylor, convicted, on Saturday, of
brother, James Taylor, was placed at the bar. His Lop .D -
snip, after a feeling address, passed sentence of fifteen years'
transportation

SENTENCE ON ROUSE.
Thomas Rouse, convicted yesterday morning of an assault
with an intent to commit a rape, was
placed at the bar. He
was sentenced.to eighteen months' imprisonment.
The court rose at half-past six. •