The Sun. — London, England, 1846-09-04 00:00:00

114161., THE RIVER PLATE. (Extract of a Letter.) MONTE VIDEO; JUNE 9.—After several attacks during the months of April and May upon her Majesty's ships and steam-vessels, from the batteries of San Lorenzo, Tonolero, and other forts on the banks of the River Plate, and that of Parana, the last, and most severe, was that at the former place, on the 4th of June. The firing lasted for nearly seven hours, and most providen tially the loss on our side was not so great as might have been expected. We regret to announce that Mr. Barnes, clerk in charge of her blajesty's steam-vessel Lizard (Commander Tylden), and Mr. Webb, the master's assistant, together with two seamen, were killed by a shot from one of the batteries as the Lizard proceeded up the river, and the same shot which caused the death of those officers and men wounded Mr. Miller, the as sistant-surgeon. Three others of the crew were likewise wounded. _ _ Lieutenant E. J. B. Proctor, commanding her Ma jesty's steam-vessel Harpy, received a shot between his body and one of his arms, by which he was much injured. The barrancas, or cliff*, are about 120 feet in height, thereby enabling the enemy to fire down upon the ves sels, many of them being completely "riddled" or per forated with shot. In some instances her Majesty's steam-vessel Alecto (Commander F. W. Austen) was so near the shore as to be made fast by her cables to the trees. The sudden change of temperature must be very trying to those on the station, the thermometer having within a short time varied from 80 degrees to 28 deg. Her Majesty's steam-vessel Lizard had received lour shots through her steam-pipe. Her Majesty's steamers conveyed 109 merchant•ves sels down the river, four of which went aground, and by order of Captain Sir Charles Hotham were burnt, their crews having been previously put on board other vessels by officers and men from her Majesty's steam-vessel Alecto, whose boats, one commanded by a Lieutenant, and the other by the acting Paymaster and Purser (Mr. Pidcock), rescued them, taking care to preserve clothes for them. Previous to the action of the 4th, a rocket party wa: selected from the various ships, and mustered on board the Alecto. This mode of warfare proved very destruc tive to the enemy, who evinced strong feelings of hatred towards the English and French ; and whilst the boats from the Alecto were rescuing the crews of the four vessels which had grounded, they were subject to a con stant firing from the battery. It is rep,,rted that Rosas has succeeded in landing two 68• pounders near Buenos Ayres, which were subsequently sent up to reinforce the batteries of San Lorenzo. This is the third action which has taken place on this station within four months. During the absence of the fleet up the river, a revolution had occurred in Monte Video, in which many lives were sacrificed. Rosas and Oribe have issued a proclamation that the officers and men of any boats or vessels bearing an En glish or French ensign shall be treated as pirates, and put to death. - On the 6th the Alecto proceeded to Obliged°, and then to Monte - Video, where she arrived this day with dispatches. Her Majesty's ship Resistance was at Monte Video. Altogether the warfare has been severe ; and inces sant energy, exertion, and skill are required by our officers and men, to preserve the navigation of these important rivers, and to prevent depredations and piracy ; although it is evident that our present force on that station is quite inadequate to the entire and im mediate suppression of the usurpers and, their numerous followers. MR. LEADEP, ALP., and the "TIMES.' TO THE EDITOR OF THE SUN. SIR,—If you will insert in your paper the enclosed answer to a very unfair and unfounded attack upon me in the Times of this molting, I shall be very much obliged to you.—Your obedient servant, J. TEMPLE LEADER. Putney-hill, Sept 2, 1846. " Sir,—l should have taken no notice of your extract from a French paper yesterday, but for your comments on it to-day. The story of the deer, roebucks, stags, bounds, and huntsmen in pea-green liveries, is merely a stupid hoax, like others which have in former years ap peared in a French paper, and probably by the same hand; my only surprise is, that there should be any person in London silly enough to believe so very silly a story. You, however, make this absurd nonsense the foundation for a false charge against me. You say that the Member for Westminster does not even pay his con stituents the compliment of remaining throughout the session to represent them in Parliament.' This is entirely untrue. I was in England and in the House of Commons before the end of January. I have voted during the session on almost every question of importance; and I was in the House of Commons on Friday when Parliament was prorogued. As to my con nexion with the electors of Westminster, I have com municated my intentions to those of the electors at whose request, and through whose honourable and independent exertions I first became a Member for Westminster— and I believe they are satisfied that in not resigning my seat I have acted according to their wishes, without re ference to my own convenience. Your insinuations against my patriotism require no answer. I feel certain that lam quite as good an Englishman at heart as any writer in the Times, and I cannot think that an ardent admiration and a sincere respect for the many brilliant and great qualities of the French nation need in the least diminish au Englishman's honest love of his own country. " Your obedient servant, "J. TEMPLE LEADER. "Putney-hill, Sept. 2, 1846." FATAL ACCIDENT ON BOARD HER MAJESTY'S WAR STEAMER SlDON.—Wednesday an inquest was held be fore Mr. C. J. Carttar, at the Duke of Sussex Tavern, Woolwich, on the body of Francis, a convict, aged 32 years, who met with his death under the following cir cumstances :—The deceased had been sentenced to fifteen years' transportation, and having served eight of that period at Bermuda, had been sent home for good conduct, and was in hourly expectation of receiving a free pardon. William Taylor, a convict guard, deposed that the deceased and a gang of convicts were assisting in putting stores on board the Sidon off the dockyard on Saturday last, and that whilst lowering a coil of rope weighing six or seven hundred weight into the hold, the rope, being too heavy, slipped over, upsetting the hatch on which deceased and the boatswain were standing, and precipitating them into the engine-room, a depth of six teen feet. The deceased, whose skull was broken, lin gered in greet agony for twenty hours. The jury re turned a verdict of Accidental death." NEW POLICE-COURT AT CLAPLIA M.—A new Police court is in the course of being erected in Larkhall-lane, Clapham ; hitherto the police charges have been taken to Wandsworth. TUE Naw AERIAL OMNIBUS.—In consequence of the repeated blocking up of the principal London tho roughfares, a plan has been proposed for opening two lines of communication by means of strong lines of rope, capable of bearing the weight of vehicles. So that by suspending the carriages, the inconvenierce of suspend ing the intercourse between different points will be alto gether avoided. It is evident that the only method of surmounting the difficulties of transit which are being continually raised by paviours, commissioners of sewers, and others, is by literally passing over them. Statior.s for taking up and setting down might be opened at the various columns and steeples on the line of road, com mencing with the Monument on Fish-street-hill, stop ping at Nelson's pillar, for tr.e passengers to and from Charing cross, continuing to the Duke of York's, and concluding, while Piccadilly is in its present state of blockade, at one of the arches of Hyde Park-corner.— Punch. THE NEW PAVEMENT IN FLEET - STREET.—This . pavement, which the contractor boasted would last 25 years, has not answered the expectation of the public. Although only laid down a few days, the centre of the street, from Gosling's bank to St. Dunstan's Church, has, in many places, sunk nearly a foot. The whole of that portion must be repaved, which will again stop the thoroughfare between Chancery-lane and Fetter-lane for a few days. The whole of Fleet-street will be com pleted by Friday. RELIGIOUS OBSERVANCES.—A label affixed to a celebrated pump in the Strand, bears the following in scription :—" This pump is locked during Divine ser ' vice on Sundays, and in the week." Loss or LIFE ON THE RlVER. — Wednesday evening the body of Charles Stevens, aged 13, was picked up at the Essex-street pier. The deceased and another boy were playing on the barges close to the pier, on Tuesday night, when the former fell into the river. His com panion was so terrified that he ran away, and said no thing about Stevens's fate until he was missed at night. When the body of the unfortunate bey w,.s brought to his parent's residence, near Water-lane, his father, who was not prepared for the melancholy occurrence, lost his senses, and had?it is said, to be put under restraint. Advices from Launceston to the 17th of April, Lid Sydney, mention the failure of Messrs. Henty and Co., of that place, who, it is stated, have stopped for 90,000/. The Launceston firm is solely represented by Mr. James Henty, of Launceston, who possesses an in terest (one-third) in the house of Henty, Brothers, at Portland. This latter firm is not, however, involved in the failure at Launceston. The creditors at the meeting seemed perfectly satisfied with Mr. Henty's conduct, as they voted to him a sum of 5001., with his personal effects, and an allotment belonging to Mrs. ilenty, in which he possessed a life interest. DREADFUL ACClDElNT.—Wednesday morning an accident of a most dreadful character occurred to a lad named Samuel Cooper, aged fifteen years, whose friend. reside at Mill-pond-bridge, Bermondsey. It appears that the unfortunate boy was employed at the King and Queen Ironworks, ltotherhithe, and while engaged in the plain ' ing-room, some portion of the machinery caught his ' trousers, which drew his right leg between the works. • His screams brought the workmen to his assistance, who i stopped the engine, but not before the poor fellow's leg was most frightfully torn and mutilated. He was imme diately carried to Guy's Hospital, where he was promptly attended to by the surgeon connected with the institu tion. The poor lad is progressing as favourably as can be expected. ILLEGAL DEALING IN REGIMENTAL NECESSARIES.— The facility with which military necessaries are disposed of in the neighbourhood of Chatham is matter of frequent complaint. A. case of this kind came before the county ma gistrates at Rochester, on Monday, in which James Chalklin was charged with having sundry articles of this description in his possession. The case was heard ex parte, as the offender did not think it inudent to make his appearance. From the statemept of Butes, a constable, it appeared that on the 14th ult. he met Chalklin carrying a bundle containing regimental necessaries, which he took from him, and meeting him again on Tuesday, the latter asked him to restore the articles he bad taken from him. The constable, however, handed him the summons for his attendancebefore the magistrates to answer the charge. H e was adjudged to pay treble the value of the property found in his possession, onto b e i n ,. prisened six months in Maidstone gaol. IT_ EL NUN, J DON, PR IDA V MORNING, 4,_ 1846. NAVAL INTELLIGENCE. PORTSMOUTH, WEDNESDAY.—This morning, at 45 minutes past seven o'clock, her Majsty, Prince Albert, the Royal Family, and their respective suites, embarked on board the royal yacht Victoria and Albert, Captain Lord Adolphus Fitzclarence, at Osborne pier, awl at 50 minutes past seven o'clock put to sea, in company with the Fairy tender, under the charge of Lieutenant Cro zier, the Black Eagle Admiralty yacht, Master-Com mander Cook, and the Garland steam-packet, Master- Commander Smithett. The royal squadron took the western passage, passing through Cowes Roads at eight o'clock, under the usual honours. The Recruit, 12, Commander Slade, arrived this morn ing from the eastward. The Orestes, 18, Commander Cannon, was ordered . . this morning to the eastward to be paid off, but her orders were subsequently countermanded by the Lords of the Admiralty, and she was towed into this harbour this afternoon, where she will be dismantled and paid off. A Board of Admiralty, comprising the Right Hon. the Earl of Auckland, G.C.8., First Lord ; Vice-Ad miral Sir Charles Adam, K.C.8.; Rear-Admiral J. W. Dundas, M.P., C.B. ; Captain M. F. F. Berkeley, C. 8.. M.P. ; the Hon. W. F. Cowper, M.P., attended by Captain Sir William Symonds, Surveyor of the Navy ; Captain W. A. B. Hamilton, R N., Second Secretary : and Captain Brandreth, Director of Engineering and Architectural Works, arrived last evening at the Cla rence-yard at twenty-five minutes past six o'clock, on their annual visit (the first of the present Board) to this port and its dependencies. Their Lordsnips were met, on arrival in the Clarence . yard, by Admiral Sir Charles Ogle, the Commander in- Chief ; Rear-Admiral Hyde Parker, Superintendent of the Dockyard ; Captain Pasco, of the Victory ; Cap tain Carter, of Hasler Hospital and the Clarence-yard ; Captain Robb, of the Gladiator ' • Commander Cannon, of the Orestes ; Mr. Grant, F. 11.5., Storekeeper, and Mr. John Davies, Master-Attendant, of the Clarence yard ; and Lieutenant Rawstorne, of the Victory, their Lordships' chosen officer, who embarked them forth with in the Admiralty barge, and with the Rig in the bow, steered them, under salutes from the Victory and Platform battery, to the King's-stairs, Sallyport, where their Lordships disembarked, and were conducted by Lieutenant Rawstorne to the George Hotel, where a guard of Royal Marines was immediately stationed. Their Lordships having refreshed themselves, pro ceeded to the Admiralty-house, the residence of Sir Charles Ogle, to dine, where the following guests were invited to meat them :—The Hon. Mrs. Talbot, Mrs. Henry Ogle, Flag-Lieutenant Collier, Rear-Admiral and Mrs. Hyde Parker, Captain Pasco, Colonel Jones, R.M., Major. General the Hon. Sir Hercules and the Hon. Lady Pakenham, Colonel Cardew, R.E., Captain Sir W. Symonds, Captain and Lady Harriet Hamilton, Col. Brandreth, R. A., Captain Brandreth, R.E., &c. This morning at ten o'clock the First Lord proceeded to the Dockyard to hold a levee at the Royal Naval College, whilst his gallant colleagues received their re spective friends at the George HoteL The following officers were presented to the Earl of Auckland, the Noble Lord, with handsome considera tion, receiving those earliest who had come from long distances to see him : Vice Admiral—Frederick Warren. Rear Admiral—Browne. Captains—Pasco, Giffurd, Harrison, Hendry, Hutton, Pritchard, Mildmay, Searle, Bowyer, Blake, Collier, Gourley, Carter, Deans, T. G. Wills, Warren, Keele, and Hallowes. Commanders--W. E. Triscott, Sulivan, Matthews, Nolloth, Edwin, Willcox, Holbrook, Langtrey, Wors fold, Ommanney, Miall, Hodges, T. Mitchell, Sabben, Town, Purdo, G. E. Marshall, Roche, Sharpe, Pretyman, Fagan, Baynton, and Sir W. Wiseman. Lieutenants—David Welch (1812), First of the Vic tory ; Griffiths, Burslern, awes, J. West, Finch, Brydges, Rawstorne, Pritchard, Warren, Barnes, Tur ner, and Sadler. Surgeon—Dr. Irvine. Paymaster and Purser—J. Ozzard (1813). ROYAL MA RINES. _ _ • Colonel—Conolly. Majors—Why lock and Mercer. Captain—Stevens, R. M.A. First Lieutenant and Adjutant —A. R. Savage, R. M. A. Ills Lordship rose at about twenty minutes past one o'clock, and will see the other officers whose names are upon the list to-morrow. At half-past one their Lordships embarked in the Ad miralty barge at the King's-stairs, and, followed by Sir Charles Ogle and Rear-Admiral Parktr in their respec tive barges, proceeded to the Excellent, and witnessed practice, but which, to our thinking, was not in keeping with the name of the ship. Their Lordships' flag being hoisted at the main of the Excellent, Sir Charl e s Ogle was obliged to strike his and transfer it to the Gladiator steam-frigate, Captain Robb. At five minutes to five their Lordships left the Excel lent under a salute of 19 guns, with manned yards, when Sir Charles Ogle's flag resumed its place at her main, and was at the same time struck on board the Gladi ator. Their Lordships landed, and proceeded to the George Hotel without visiting any other objects at the . . - This evening their Lordships honour the Superinten dent of the Dockyard with their company to dinner. The same guests who were at the Commander•in-Chief's last evening, are invited to dine with their Lordships this evening. The Comus, 18, Commander Thompson, was in the Obligado, Parana, on the 21st of April. The Eagle, 50, Captain Martin, with the flag of Rear- Admiral Inglefield, was at Monte Video on the Gth of June ; her movements very uncertain. The Muni, 10, Commander Ward, is destined fur the coast of Africa. She is full to the hatches with provi sions, which are also stowed on the lower deck. She takes out 20 supernumeraries for the squadron. The Prince of Wales, Captain Hopkins, 1,400 tons, another of Mr. Green's splendid frigate.built ships, sailed yesterday at 5 A. 31 , from Spithead, for Calcutta direct, with the Lord Bishop of Calcutta and fifty other cabin passengers on board. In nine hours after clearing Dunnose, she discharged her pilot off the Start. APPOINTMENTS. Lieutenant David R. B. Mapleton, to the Torch. Lieutenant Henry A. Norman, to the Devastation, ad ditional. _ _ Lieutenant Charles B. Bayly, to the Devastation, ad ditional. _ . Lieutenant A. It. Dunlop, to the Sidon. Master W. J. W. Burney, to command the Maia gascar. Dr. David Graham Miller, to be Surgeon of the Sidon. Mr. W. T. Doraville, to be Assistant-Surgeon of the Excellent. Mr. George J. Roberts, to be additional Assistant- Surgeon of the Vindictive. • Mr. W. Evans (b), acting ditto. Dr. Archd. Arintrong, — additional acting Assistant- Surgeon of the Caledonia. Mr. Augustus R. R. Preston, ditto. Mr. Andrew Clark, additional acting Assisting-Sur von to the Victory. Clerk Alfred Whitehouse, to be Clerk in Charge of the Madagascar. Clerk Frederick Lucas, to be additional to the Devas tation. A. Ballister, acting Second Master, to the Devastation. DEPLORABLE CASE. Wednesday morning an inquiry of some duration was gone into before Mr. William Carter, the Coroner for Surrey, at the Huntsman and Hounds, Park-place, East-lane, Wa'worth, respecting the death of Francis Howley, aged 37 years, a costermonger, lately living in Park-row, East-lane, who died under the melan choly circumstance briefly detailed in the following evidence : The jury, having been sworn, proceeded with the Coroner to view the body, the appearance of which cave unmistakeable evidence of extreme destitution and want. _ _ _ _ Mary Mowley stated that the deceased was her hus band. He was a co3termongcr and hawker of fish ; but, in consequence of ill health and the want of employment they bad suffered great privation, being often in the want of the common necessaries of life. (The wit ness here became so weak as to be almost unable to tand, which she assured the Coroner and Jury arose from the want of proper nourishment. The Coroner, seeing her exhausted conditon, ordered her a seat and a glass of wine, which were supplied by the summoning officer ; after which she proceeded.) That the only means they had of living were by selling and pawning their goods, &c. They had not tasted any meat for three weeks, and the only food they had was a little bread and tea daily for the deceased and three children. On Monday morning last the deceased went out in search of work, and returned again about eleven o'clock, much .xhausted, and after a short time he was seized with a fit. Witness became alarmed, and called in a neighbour, who raised the deceased from the ground, but he was quite insensible. Mr. Bell, surgeon, of John-street, East lane, was sent for, and attended, but life was extinct. A Juror—What is tita reason, when you found your self in such deplorable circumstances, that you did not make application to the parochial authorities ? Witness (crying bitterly)—Because my husband would rather put up with anything than do so. Brooks, the relieving officer, said he had known the deceased for some years. He was a very sober, steady man, but latterly he had been much reduced, owing to the dull state of the occupations he followed. Other evidence having been taken, confirmatory of the foregoing facts, The CORONER remarked on the deplorable nature of the case; after which, The jury recorded a verdict of " Death from natural causes." At the close of the inquiry, the jury expressed great sympathy for the unfortunate family, and kindly raised a subscription in the inquest room to relieve their imme diate wants, which was benevolently hcaded by the worthy Coroner. THE CONVICT SMlzll.—The petitions for the ex tension of the mercy of the Crown to Smith, now under sentence of death, will not be presented to the Home Secretary till Friday. The jurymen who pronounced the verdict of " Guilty " have signed a short memorial again pressing their recommendation to mercy. A de• putation offered one of the petitions for signature to Mr Alderman Wilson, the sitting magistrate at Guildhall, yesterday. The Alderman, after reading it, affixed his name. The Lord Mayor has also intimated his willing ness to sign it. BARTHOLOMEW FAlR.—This annual Saturnalia is virtually abolished ; the enormous rents required by the City authorities, together with the restrictions im posed upon the booth and show-keepers by the police, have rendered Bartholomew Fair anything but a pro fitable speculation. POISON BERRIES.—It is said that excessively strong coffee is au antidote to belladonna. LAW INTELLIGENCE. SHERIFFS' COURT, September 3. (Before Mr. Under-Sheriff BuncliELL.) There was only one undefended cause set down for hearing this morning, and was not of the slightest inte rest. The Court was then adjourned till the 17th inst. The following days have been appointed for sittings during the vacation :—October Ist, 15th, 22d, and 29th; and all writs must be lodged in the Sheriff's-office at least three days before the day of hearing. COURT OF BANKRUPTCY, September 3. (Before Mr. Commissioner FANE.) IN RE DONALD WLEAN. To-day was appointed for the last examination of this bankrupt, who had, however, not surrendered, being abroad, end the time had been enlarged to the 22d Oc tober. The business of the day, therefore, was to receive proof of debts. A proof was tendered on behalf of a gentleman of the name cf Page, for the sum of 14,0001., on a bond for money lent. After a short discussion, the Learned COMMISSIONER required evidence as to the consideration for the bond, and the proof stands over till the next meeting The whole amount of debts proved did not exceed 5001. the least doubt the injury was caused by these alkali works, and was not owing to the dampness of tho soil. Had observed the same effects upon two poplars at Everton, caused sonic tune since by Mr. Muspratt's works in Vauxhall road. On cross-examination, the witness stated that Sir John Gerard had an extensive colliery on his own estate. The smoke from this went on the trees. George Lyne was butler to Sir John Gerard. Had • _ _ lived With him thirteen years. Had seen the vapour from Mr. Muspratt's chimney about the house. The window of the dining-room opened on the side of the house facing the works. Had observed frequently that the knives became tarnished after being laid for dinner, and also the brass work in the room was often tarnished by the admission of the vapour when the window was open. H.id frequently observed the vapour. The smell of it was very pungent and disagreeable. Did not go much about the fields, but had observed several trees in the neighbourhood of the house quite dead. Mr. William South, a surveyor of the roads ; Mr. William Mercer .a surveyor and land agent, living at Newton ; Mr. W. Rothwell, agent to the . Rev. Mr. floruby, rector of Winwick ; Mr. William Kerfoot, a farmer in the parish of Winwick ; Mr. Richard Nor man, a farmer at Newton ; and Mr. John Ward, a cow keeper at St. Helen's, bore testimony to the appearance and effect o the vapour from the chimney. It could be traced from the chimney among the woods. It was white, and very pungent, producing coughing, and „ causing the eyes io smart. They imputed the decay which was visible among the trees on Sir John Gerard's estate and the neighbourhood solely to its influence. . Mr. Thomas Green—Resided at Arvistock, in Den bighshire, and had followed the business of a timber surveyor nearly fifty 3 ears. Was called upon in the year 1840 to survey the damage &ate to the trees on Sir John Gerard's property, and again at Midsummer last. The trees were very considerably more injured than in 1840. He believed the soil was favourable to the growth of timber. Had observed the position of Mr. Muloratt's chimney; the trees most exposed to it were rile most damaged. A great number of them were absolutely killed. The bark was also lunch injured. There were many thousands of the trees affected. He had no doubt the injury was done by the vapour from the alkali works. The trees that showed the effects of it now would die in a few years if the cause continued. He made a valuation of the injury done. The injury actually done to the present time amounted to 5,825/. 125., without including any prospective damage at all. He had no doubt that if the works remained every tree would be destroyed. Had made the valuation in company with Mr. Whalley; it occupied him four weeks. The witness stated, that in forming this estimate he had taken every tree whichseeined to him to be damaged. Mr. Jcseph Whalley confirmed the evidence of the preceding witness. Mr. Adolphus Manbert, land agent to Sir John Gerard, gave similar testimony as to the decay of the plantations. - William Reynolds, Esq., M.D., examined by Mr. MARTIN —Was a lecturer on chemistry,• and had be stowed a great deal of attention to the study of che mistry. Was generally acquainted with the nature of the articles manufactured by Mr. Muspratt. There was undoubtedly a noxious vapour arose from the manufac ture of alkali, but when the apparatus was carefully constructed, the escape of vapour was to some extent prevented. The gas emitted was mariatic acid gas, which had a strong affinity to water or damp. On issuing from a chimney such as Mr. Muspratt's, it would have, in damp weather, the appearance of thin white smoke. It would depend in a great measure upon the state of the atmosphere as to whether it would fall at a short distance or be conveyed to a greater distance. In a dry atmosphere it would perhaps float a distance of four or five miles before falling near to the earth. The moisture given out in the manufacture of the material was un doubtedly noxious and injurious to vegetation. It had a strong pungent smell, and made the eyes smart. It likewise Affected respiration a little. Its effects upon the leaves of trees would be, when weak, to turn them brown, and when strong, to curl them up and make them crimp. Leaves were certainly essential to the health of trees; without them they would soon die. He had been over the plantations of Sir John Gerard's estate. There were a vast numbeeof trees injured to a great extent. He could suggest no other cause for the injury they had sustained than the gas emitted from the manufactories of alkali in the neighbourhood. Cross examined by Mr. Sergeant MURPHY—The effects he had seen were only to be attributes to the noxious gas from the alkali works. It was not possible for him to assign any other cause. If the quantity of gas evolved from the chimney were only as one cubic foot to 10,000 cubic feet of air, he did not think it would have any effect upon vegetation at all. He could not say to what extent the gas would be diminished in its passage through a flue of 500 feet in length, and a chimney of 300 feet in height, having also to pass through a descending current of water. He did not know whether, after floating through the air for two miles and a half, its strength would be decreased or ren dered innocuous; it depended, no doubt, to a great ex tent, upon the state of the atmosphere at the time. He thought grass was less susceptible of its influence than the leaves of trees, as the former was always growing. He should think it probable that, if a strong volume of the gas was to pass over a field of grass its effects might be visible; but of course it depended, in a great mea sure, upon its strength, and the length of time it re mained. Did not think that plants were quite so sus ceptible as trees, the latter being much higher. The flowers might be affected, and yet the plant not be iu j ured. By Mr. MARTIN—Was aware that means had been tried to condense this gas, and prevent its mealy/ alto gether, but ha believed they were in:ffeetual as to the entire prevention. The body of gas was too powerful to be overcome by the water through a hich it was caused to pass in its passage up the chimney. As far as his experience went, he had never known any means effectual in preventing the escape of muriatic gas. John Lindley, Esq., examined by Mr. MARTIN—Was a professor of botany in the University College of Lon don, and vice-secretary of the Horticultural Society ; had devoted a considerable number of years to the study of botany. Had examined the timber on the estate of Sir John Gerard. Had found a great number of trees dead. Had examined the soil in places, and found it very good land ; had done so in places where there were trees actually dead and dying. Trees seffering from damp exhibited an entirely different appearance. Their leaves and bark were preyed upon by numbers of insects. He had examined several of the trees carefully, but they bore no evidence of having been injured in that manner. b‘as most apparent at the extre rvanches. lie had observed in m Th it e ie i s nj o u f ry t a h t e its up o p u e ts r et many instances that that side of a tree which was pre sented towards the alkali works was more injured than the opposite side. The alkali works of Mr. Crossffeld as well as those of Mr. 111uspratt had been pointed out to him. He had also particularly noticed six Scotch fir trees, which, from their age, must have been at one time very h.-althy. They were planted on a hill in the form of a loa , nge. The one immediately fronting to wards Mr. Musprett's works was quite dead. The two behind it were dying ; and the other three, which had in some measure been protected by them, were comparatively uninjured. This had struck him as a remarkable case, and he had, therefore, particularly noticed them. The muriatic acid gas emitted from the manufacture of alkali was well known to be injurious to trees and vegetation generally. The trees he saw had undtsubtedly been affected by it. He had no doubt the appearances he had witnessed amongst Sir John Gerard's woods were solely to be attributed to the noxious vapours in the atmos phere, and not to any natural causes. Wherever the trees had been protected, by being in hollows or other wise, they were at present uninjured ; but if the alkali works were continued to be carried on, he had no doubt all the trees on the - estate would be even tually destroyed. Cross-examined by Mr. Sergeant Munruy—The stag-headed appearance of some of the trees, such as had been described, might sometimes be caused by defects at the roots. It was a common result in bad soils. Could no t sa y w h e ther apple trees were very susceptible of i n j ur y from the effects of the vapour. He had noticed that oak and ash trees were affected soonest. If flowers were subjected to the vapour they would doubtless be destroyed, although the plant might not be injured. If the vapour that passed over a clover field in bloom was sufficiently strong, it would no doubt destroy it. It was not possible to say what strength would be necessary unless by actual experiment. By Mr. MARTIN—He had seen no appearance of bad soil on Sir John Gerard's estates that would cause the stag-headed appearance to trees which had been spoken of. By the JUDGE —Had seen no natural causes which could account for the injury done to the bark of many trees he had examined, had particularly noticed a beech tree that was somewhat exposed towards Mr. Crossfield's chimney. On the side which faced it the bark was rendered quite hard, and very difficult to be peeled off, while on the opposite side of the tree there was no apparent injury done. There might have been some very few instances of a tree being diseased, when the others around it were in a comparatively healthy state, but it generally happened that three or four trees near together were all alike affected. Mr. Sergeant MURPHY then proceeded to address the jury, and went through the evidence adduced in sup port of the plaintiff's case, contending that the suppo sition that this injury had been caused by the vapour from the defendant's chimney was inconsistent with the fact of the flowers and gras s remaining uninjured, and isolated trees being affected, not whole clumps , as might be expected if the plaintiff's case were true. The neigh bourhood, too, was full of chimneys. some of them on the plaintiff's own estate, which were always pouring forth gases, which more or less might affect vegetation. It would be shown by a great mass of evidence that farms mere exposed to these vapours than Sir John Ge rard's estate were wholly uninjured ; that the decay of the wood s on t h at estate was re f era be to peculiarities of soil, to b a d d ra i n i ng, and neg l ec t, an d by the evidence of scientific me n , t h at t h e vapour s emitted from the de fendant's chi mney were i ncapa ble of producing the effects alleged. Thomas Tebay—l have for several years been the steward and agent of Mr. Barge, at Winstanley, ad joining Sir John's. I was requested to make an ex aminatiol of Sir John's woods an 3 plantations in August last. I made it. It lasted three days, and was a very minute survey. At Smithy-wood there are ex tensive plantations. The oak, ash, elm, beech, and other forest trees there are healthy and well managed. The trees in the other art of the park are withered at the top from injuries from storms and effects of wet soil. There was no appearance of external causes having produced -this effect. [A report made by the witness of the state of the other woods was put in and read. The purport of it was to show that the trees were generally healthy and foliage luxuriant.] Where trees 11d been affected they consisted chiefly of single trees amongst others. I think there was not a tree upon the estate the decay of which might not be attributed to natural causes. It appeared, on the cross-examinathn of this witness, that twelve or fourteen years ago he attended as the representative of Mr. Biggs at a meeting held at New ton, the object of which was to indict Mr. Muspratt for a nuisance. Jonathan (inns—l live at Lancaster, and am a sur veyor and valuator. I have been conversant wi th timber for years. I surveyed Sir John Gerard's estate in company with the labt.witness, and have embodied the result uf my observations in a report. [Report put in and read. This report also represented the trees to be healthy' and luxuriaitt. He attributed the decay of some of the trees to the want of thinning and draining.] • John Shaw--I am a landscape gardener, and made the sarve:, - of Sir John's estate in company with the last two Witnes , 4s. Dampness of the soil, I consider, has affected the ash and oak trees. The lower ground is defective in point of drainage in many parts, and that would pro duce unhealthiness in wo,ds. The trees exp Ned to the north-west winds were very much dead; the trees on the opposite side were healthier. Natural causes, aris ing from bad management, have produced much of the decay. Cross-examined by Mr. MARTIN—The appearance of moss and lichen is not an indication always of 'the un soundness of a tree caused by a wet soil. Our surves lasted three days. The first was wet in the morning; the second was fine; and the third was vt-ry wet towards evening. The soil was saturated with wet. There are two clumps of tries on the Now Hall estate, which have recently been tratipp!anted, and they are dead and dying. The ash are the most unhealthy trees, gene rally speaking, on the estate. Toey are gPnera!ly in jured. The oaks are sickly, but not to the extent of a quarter. Mr. William Henderson and Mr. Henry White, land surveyors, gave similar testimony At the conclusion of their testimony the Court ad journed till this morning. At the sitting of the Court, the first witness examined was Mr. Samuel Curtis, who said that he had been en gaged in the nursery business for fifty years, during a great portion of which time he had been with the Duke of Newcastle. He had near 4,000 acres of wood land under his management, and about 20,000 acres altogetter of meadow, arable, and wood lend. Was at present in the employment of the Commiisioners of Woods and Forests, engaged in laying out the Victoria Park, in London. Had had considerable experience in the plant ing of trees. Surveyed the woods of Sir John Gerard last week, and took particular notice of the different plantations. Vt ent through the Haydock boundary plantation. The surface of that part towards Mr. Mus• pratt's works was very healthy. Went into New Hall wood. Saw the butt-end of a large beech tree that had been cut down near to the boundary wall. It was in a direction facing Mr. Muspratt's works. The general appearance of the woods in the neighbourhood of New Hall show of good health. The foliage on either side of the canal was very good. Saw a few trees which were rather bare at the roots, which could not be ex pected to look healthy: they were a few which had formerly stood upon banks. Examined the garden, and thought the appearance of it very flourishing, but only observed it from the terrace. Many of the woods were deficient in drainage. A hole which had been previously dug was full of water, although it was a dry season. There was also a good deal of dry land, where the trees did not flourish in consequence of the strong 'and rubbly nature of the soil. The root had penetrated as far se the soil was good, and when they had decayed for want of sustenance, the trees became stag-headed. Generally speaking, the woods looked well. Thought the causes of such decay es he observed were quite natural. Had noticed the effect of the Hind upon the trees. The whole of the trees of that part of the country have an inclination in one direction. Saw trees on the New Hall estate which were inclined from the north west towards Mr. Mus pratt's works. The luxuriant foliage of these trees was invariably on the side facing the works. In the butt of the large beech tree that was mentioned, there was evidence of decay from natural causes. The tree was ripe. Observed several others along the boundary wall that would never be much better. They were ripe and full grown. The leaves generally were full grown. The insects which were upon the leaves of the oak gave them an olive-green colour. Sycamore leaves, generally in the autumn, have a blotched appearance. Extreme drought wculd bring on a premature autumn. Walked through a clover field outside the boundary wall. The vapour from Muspratt's chi:cney would pass over it before reaching the plantations. It locked very well, and had no appearance of ill-health. The more recent plantations have all been made when the trees have been too advanced in growth. The young plantations were very foul. There was no appearance of any tool having been applied amongst them. Saw a good deal of game. The country had the appearance of being preserved. Hares and rabbits damaged young plantations very much. Did not see that any care had been taken of the planta tion. The Scotch firs in the plantation generally are doing well. On the average of the last six years should think that they had grown a foot each, and in some instances two feet. Cross-examined by Mr. MARTIN—The fir trees I ob served in the Haydock boundary plantation. Went over the New Hall property twice, once on the 25th, and again on the 29th. Was accompanied by Mr. Johnson, an attorney. Supposed he was sent for through Messrs. Lovvndes. Met Mr. Johnson in Liverpool, he believes at Messrs. Lowndes' office. He accompanied me . merely to point out the different plamiations. Did not see much injury that had been done by the hares and rabbits. Should think the clover he saw was a second crop. The first crop might have been grazed, and then laid up. It might have got into the state in which he saw it in six weeks afterwards. Did not think it was a rich country. It was principally coal. There were some very fine trees where the soil was' deep enough for them. There were large beech trees in the Haydock boundary planta tion. There was a large oak. There might have been other kinds of trees, but could not say pcsitively. Did not inquire whether the beech, the stump of which he saw, had been blown down or not. There were a great number .f ash trees in the plantations. Did not think that one-half of them were dead or injured. Did not inquire as to the age of the trees when planted out, but, from his long experience as a planter, should think they had been planted when nine or ten years old. A number of witnesses, resident in the neighbour hood, were called, whose testimony went to show that their premises were exposed to the action of the vapour, and that notwithstanding no injurious effects resulted. Mr. William Adel Miller, M.D., professor of chemistry at King's College, London, stated that he had, in con junction with Dr. Brett and Sir Robert Kane, of Dublin, conducted a series of experiments at Mr. Muspratt's works the greater part of one day. Muriatic gas is un doubtedly evolved. Part of it is condensed, and part of it escapes into the air. The gas arising from the de composing chamber passes through a flue separate from the smoke flue into a tower, filled, as he was informed, with coke, through which a stream of water was flowing Water war admitted from the top of the tower frum a cistern placod there for the purpose. The gas ascend ing would meet the water and be absorbed and diluted. The gas which was conveyed into the tower was evolved from six reverbatory furnaces—an older method—these opened to the works through doors, through which the materials were stirred up from time to time. A strong current of air passed through the doors in consequence of the flues being connected with a long horizontal main flue opening into the high chimney at its base. A stream of water was flowing through the flue which would condense aconsiderable portion of the gas. Had no means of know ing how much escaped, but he analysed the air as it passed from the main flue into the chimney at different periods of the day. He found the quantity of gas dif fered at the two different periods, which must necessarily be the case, because the evolution of gas is greatest soon after the charge is first introduced. At that period there is a larger quantity of gas given off. The furnaces were all in active operation. The muriatic acid gas, when in the largest quantity was in the proportion of one part to 1,866 parts of atmospheric air. On the second experi - meat it was one part in 6,500. The vapour has the greatest tendency to fall in damp weather. By the JUDGE—No gas escaped from the top of the tower connected with the decomposing furnace. He put his nose to it to ascertain the fact. Examination continued—The vapour was carried to a greater distance in dry weather. The manner in which the fume entered the air was in a constant revolving motion. In that manner a large surface was exposed for gaseous diffusion. As it went along, the quantity of gas in the column was diminished. That was one of the causes of the dilution of the gas as it passed the country. In his judgment the gas would not travel two miles in damp weather. Evaporation took place to a greater extent in dry weather, and when evaporated the gas could descend. The gravity of water was some hundred times greater than that of air. He was of opinion that the gas would be diluted to the extent of fifty times in half a mile. Did not think the gas would be appreciabe at a distance of two miles. Cross-examined by Mr. MARTIN—If the eyes of per sons were affected at the distance of two miles or two miles and a half from the works, the gas was certainly appreciable. There was other vapour besides that from the chimney which would affect the smell and the eyes ; it was sulphuric acid gas. Both gases flowed from Mr. Muspratt's works. Was engaged last Friday in making his examination. Came down last Wednesday according to appointment. The spicific gravity of the vapour is greater than common air. Re-examined by Mr. BRANDT—It may be smelt when its quantity is extremely minute : it is the most pungent gas in existence. It might also affect the eyes when in a very diluted state. Sulphureous acid was produced to some extent by the burning of coal. By the JUDGE—His experience of alkali works was chiefly derived from the examination he made last week. White vapour might arise from steam ; it was no posi tive indication of the presence of muriatic gas. Steam would disperse after flowing a moderate distance, perhaps one hundred or two hundred yards. Dr. Brett, examined, gave similar testimony. Mr. MARTIN replied ; and his Lordship having summed up, the jury, after being in consultation about two hours, returned a verdict for the plaintiff—Damages 1,0001. POLICE INTELLIGENCE. BOW-STREET. Mary Ann Jones, a woman of bad character, was charged before Mr. Henry with stealing 44 in gold and a fourpenny-piece from Mr. James Mason. The complainant, who gave his address 38, Michael's place, Brompton, said that, shortly before two o'clock that morning, he was passing through Constitution-hill, on his way home, and met the prisoner there. She walked up to him, seized him by the arm, and dragged him to the railings at the side of the street. He offered to give her a shilling if she would let him alone, which she at first agreed to, but, having got the shilling, she again attacked him. He pushed her away forcibly, but she again caught hold of him, and put her hand into his pocket. lie then knocked her down. A policeman ( came up then, and he gave the prisoner in char ge . H e found be had lost four sovereigns and a fourpenny-piece from his pocket. Policeman A 69 said that he was on Constitution-bill at the time, and found the prisoner and prosecutor struggling together. He took the prisoner in charge, and conveyed her to the station. She denied that she had any money about her. She struggled violently both in the street and at the station, and they were obliged to force her mouth open with a key, in order to see if sbe had anything in it. Four sovereigns were found in her mouth, and three shillings in her pocket. Mr. Inspector Martin, A division, corroborated the policeman's evidence as to the prisoner's violence at the • station. She war quite sober, but pretended to be drunk. Mr. HENRY said this seemed to him to be a very bad case. He feared that such attacks upon passengers by such persons as the prisoner were becoming very com mon. Ile must commit the prisoner for trial. MARLBOROUGH-STREET. George Richard Russell, a boy about 12 years of age, was brought up before Mr. Hardwick, charged with stealing a silver watch from Mr. Kelly's, 2, Vigo-street, ' Regent-street. It seems that the theft was committed so long ago as Tueseay week, since which time the boy, who lived with Mr. Kelly as errand boy, has been missing. Hannah Ratcliffe, Mr. Kelly's servant, deposed to the f'act that the watch was missing on Tuesday week, after the prisoner had left. John Crampton, one of the prisoner's playmates, said he met Russell yesterday, and asleed him what he had done ss NI Mr. Kelly's watch ? Russell said, one of the oth: r boys htvi p:.wited it for ifs. Ttu• c , ri , table who took him into custody only yester day, on the information lie had received, said the watch had net yet been found. - The prisoner, who denied the charge, was then re manded for a week. WORSHIP-STREET. Mr. Edward Honeyball, the well known brewer of Stamford hill, was placed at the bar before Mr. Green wood, charged with hating; feloniously received a stolen gelding, she property of Mr. Thomas Colson, an ex• tensive brielsmaker, residing at Mercer's-terrace, Upper Mr. Robinson appeared for the prosecutor, who stated that he bought the horse in August, 1845 ; it was stolen on the 21st of September. On Monday last he fund it in the possession of the defendant, who said it had strayed into his field, and insisted on detaining it till he was paid 211. for its keep and other expenses. He said he had advertised the horse in three papers, but ad mitted having failed to do so until six months after it had been lost. The prosecutor added that he was at a loss to conceive how the horse could have strayed into the defendant's field, which was more than six miles dis tant from the paddock whence it had. been stolen. James Foddy, the prosecutor's foreman, also posi tively identified the horse, and stated that it must have been stolen, as the paddock was securely fenced, and there was no aperture to admit of its passage. In answer to the charge, Mr. H 'bier emphatically denied that there were the slightest grounds for such an accusation against his client, who was a person of the highest respectability, and said that the prosecutor and his witness were evidently mistaken in the identity of the animal, as he had abundant evidence to prove that it had actually strayed into the defendant's field a month before it was alleged to have been stolen, and he should also prove that the horse had been extensively adver tised in the ensuing March, and that every effort was made to trace its owner, but without success. Mr. Robinson said, that several other servants of the prosecutor, and also the original owner of the horse, were present to prove its identity; but Mr. GREENWOOD considered the evidence wholly in sufficient to substantiate a charge of felony, however successfully it might be advanced in support of an action of ttover, and he should, therefore discharge the defend ant, with the assurance that nothing had transpired in that Court to militate aeainst his character. THAMES. Richard Ronan, a boy about 14 years of age, the son of respectable parents, who was for some time employed as collector of tolls in the Commercial-road East, sur rendered on bail before Mr. Brederip to answer a charge of defrauding the trustees of the road. The lad was collector of tolls at one of the numerous side bars on the road, where his labours ceased at nine o'clock every night, and he had no right to collect any toll after that hour. During the last fortnight, however, he had gone to another side bar after that hour, and col lected toll there. Mr. BRODERIP, when he consented to take bail for the appearance of the prisoner, made some observations on the irregularities which prevailed in collecting toll on the Commercial-road. It appeared that a number of boys were employed for this purpose at the side streets, where there were no tollhouses or gates, and he had when riding green run after himself by lads who ran from the side streets and demanded toll. Travellers, who were strangers on the road, hardly knew what such a practice meant. The system ought to - be altered. On the prisoner surrendering himself, Mr. W. Baker, jun., clerk of the trust, said that the trustees had taken into consideration the extreme youth of the pri soner and his contrition, and did not intend to prosecute him. They, however, wished it to be distinctly under stood that if any person offended in like manner here after, the trustees would suffer the law to take its course. Mr. BRODERIL' said the conduct of the trustees was highly creditable to them. He would not stand in the way of mercy, but allow the prisoner to depart. Mary Ann Irwin and Prancer; Lowrey, women of the town, were breught before Mr. Broderip. charged with violently assaulting •,-end robbing Michael Ostrowski, an old man, a Polish refugee. The complainant stated that he obtained his living as a shoemaker, and lived at No. 7, Devonshire-street, Commercial-road. On Tuesday morning he was coming out of a public-house, when he met with Irwin; of whom he had some previous knowledge. She asked him to give her something to drink, and he did so. She then asked bins to go home with her. He foolishly accepted the invitation, and when he reached her lodgings, he took a shilling out of a handkerchief, which contained a so vereign and eighteen shillings more, and asked the wo man to procure more liquor. She immediately made a snatch at the handkerchief, and took it away from him, money and all. A signal was given, and the other woman, Lowrey, came in. The handkerchief and money were thrown to her by Irwin, and she ran away with them. Irwin also tried to escape, but he prevented her, and seized her by the waist, on which she beat him in a savage manner, and rendered him nearly insensible. He was covered with blood, and win difficulty escaped from the house, and gave information to the police.—The pri soners were committed for trial. LAMBETH. Louisa Arney, Julia Arney, Charl•tte Arney, Emma Arney, and Henry Arney, were placed at the bar for re examination on a charge of felony. Mr. Clarkson appeared for the prosecution, and Mr. Rippon for the prisoners. The property in question was so bulky as to require a large van for its conveyance to the office. It appeared that the prosecutor, Mr. Thomas Blaydes, was a retired banker, having estates in Yorkshire, and -a mansion at Englefield-green, near Eghain, Surrey. The elder prisoner, Louisa Arney, entered his service as housekeeper in November, 1843, at a salary of 401. per annum. and a system of plundering by wholesale must have been shortly after begun, and carried out up to the period of her arrest on the 9th of August. At the time of her engagement with Mr. Blaydes she represented he rself as a widow without family, the fact being that she had four daughters and a son living at No. 17, Hart ford-place, Walworth. Mr. Blaydes having on the Bth of August last got certain information as to the removal of property from his house, applied at this office, and went with Sergeant Morton o 1 the police force to the house in Welworth, where the four daughters of the prisoner were residing, and found in their possession such a quantity of his property as justified him in giving the three elder girls into custody, as guilty receivers of the property stolen. N o thi ng appeare d to be too large or too small for the housekeeper's notice. The goods displayed for identification included every variety of article in domestic use up to a mattress and a feather bed, with bed linen, bed curtains, window curtains, car pets, stair carpeting, blankets, counterpanes, decanters, sugar basins, wine glasses, looking glasses, wine and brandy, and, in fact, the table of the police-office gave the court the appearance of a miscellaneous sale room. The defence attempted for the female prisoners was, that the elder prisoner was entitled to take the articles as perquisites. Mr. ELLIOTT committed the female prisoners for trial, and allowed the son to be at large on his own recogni sauces, to appear if called upon. WESTMINSTER. Richard March, William Biter, and James Clark, three privates in the Scots Fusilier Guards, were charged with the following outrage, and Edward Stockwell and Alfred Withers, civilians, were charged, the former with assaulting the police, and the latter with inciting the populace to rescue the other prisoners. Biter, who was drunk, sallied with his two military companions out of a beer-shop in Great Chapel-street, on the previous evening, with an evident determination to amuse themselves by insulting and ill-treating any person who had the misfortune to cross their path. Biter commenced operations in Orchard-street, by kick ing over a poor woman's stall, loaded with crockery ware. The next exploit was throwing a poor deaf organ grinder and hii machine into the road ; and the third knocking down a man named Burrell, who has the charge of New-square, because he interfered to prevent their doing mischief at the expense of the humble resi dents in that locality. Burrell, who in his fall from the effect of the blow, had his head cut, fetched the police, who in vain for a length of time endeavoured to secure Biter, but were obstructed and assaulted by his " com panions in arms." A crowd of 500 or 600 persons as sembled, and it was not until the arrival of a large party of the police that the three military defendants were captured and anything like order restored to the neigh bourhood. Withers, in the course of the riot, used language calculated to excite the mob to rescue the mili tary, and_Stockwell on being repeatedly requested to remove from the entrance to the station, struck one of the constables a violent blow. Clark received a good character from a sergeant of the regiment, the other two were spoken of but ques tionably. Biter was fined Si., or two months' imprisonment ; Marsh, Si., or six weeks'; Clark, 31., or one month ; Stockwell, fourt een d a y s without fine; Withers, 205., or ten days. GREENWICH. A person, fashionably aired, about 25 years of age, and six feet high, with the address and appearance of a gentleman, and described in the police-sheet as Henry Nicholson, of 14, Gray's Inn, barrister, was placed at the bar, charged with indecent conduct towards a little girl, aged 10 years, on the previous day in Greenwich park.. The prisoner had been locked up all night at the sta tion-house, bail having been refused in consequence of his giving a fictitiou's name and address. On his taking his position at the bar, Mr. UAW. ASSIZE INTELLIGENCE. NORTHERN ClRCUlT.—Liverpool, Sept. 1. (Before Mr. Justice CRESSWELL and a Special Jury.) GERARD, BART. V. MIISPRATT. This was an action brought by Sir John Gerard, Bart., to recover damages for the injury alleged to have been sustainftl by him from the alkali works of the defendant, situated near Newton, adjoining the Liverpool and Man chester Railway, in this county. The trial occupied the whole of yesterday and the greater part of to-day. The tall chimney of the defendant's works is a strik. ing landmark at the junction of the Liverpool and Bir mingham Railway with the Liverpool and Manchester, and well known Lo all travellers on . the line. Mr. Martin, Mr. Crompton, and Mr. Cowling, ap peared for the plaintiff ; Mr. Sergeant Murphy, Mr. Brandt, and Mr. Pashley for the defendant. Mr. MARTIN stated the case to the jury, and gave the substance of the evidence as it afterwards appeared from the testimony of the witnesses. The plaintiff, he said, was a baronet, whose family was of very old standing in the country, and he resided at New Hall, near the defendant's premises, where he occupied the family seat, one which had descended to him from his an cestors, and which they had, through a long series of _ _ years, embellished and improved. — Mr. Muspratt, the defendant, had formerly been the proprietor of certain alkali works in Liverpool, but had been obliged to remove from thence, in consequence of indict ments which were preferred against him for a nuisance, and had established his works at Newton, adjoining the Sankey Canal. Very shortly after he commenced the manufacture complaints were made by the neighbours of the injury which they sustained. Actions were com menced ; but in consequence of the expression of a very strong opinion by scientific men, that means existed of preventing the injury complained of, legal proceedings were stayed. Mr. Muspratt raised his chimney to an enormous height, and the result of this was that the gas, which did the mischief, being emitted into the air at a greater height, it travelled further before it reached the ground. In consequence the plaintiff, among others, was injured by it. The gas emitted was muriatic acid gas. It had a great affinity for water—on a damp day it combined with the moisture in the atmosphere, and, being carried along by the wind, Caine in contact with the trees and hedges, and condensed upon the leaves and branches. Its immediate effect was to destroy the leaves ; the bark then became affected, and the final result was to destroy the trees altogether. Up to the time of the establishment of these works there were NO plantations more healthy than those of Sir John Gerard. He would show, that since their establishment they had been injured to an enormous extent, he would trace that injury to the vapour emitted from Mr. Muspratt's chim ney, and would then claim at the hands of the jury an ample remuneration for the damage which had been sustained. William Daniels—l am gardener to Sir John Gerard, and was also gardener to the lste Sir John. It is my duty to look after the gardens, and the timber as well. I entered the service of the family when, I suppose, from seventy to eighty acres of plantations were laid out; and for some time the timber continued in a flourishing con dition. In the years 1837 and 1838 I perceived some thing going wrong with the timber. The shoots began to be less luxurious, and in the winter they died off. This effect has continued up to the present time, and is particularly observable upon all the trees which face the chimney. I was at first unable to account for the cir cumstance; but in 1838, '39, and '4O, I examined, with other persons, different woods belonging to the plaintiff. In 1840 I examined the woods at New Hall, with Mr. Whalley, and found them very bad facing the chimney, which lies S.E. of New Hull. Some of them perished every year. Those that were struck we cut down. Such trees as were sheltered were not so bad as those ex posed to the works. The alders and sycamores stood best. The oaks were very bad. Generally, in that part of the country, the trees were most luxurious on the south side; but now they are best on the north side. Since 1840 we have cut down many thousand trees, from one hundred years of ancient wood to five years. The bark of those facing the chimney has perished, that on the other side is better. Ordinarily the vapour comes out of the chimney about a yard in breadth, and on a foggy day it settk•s on the woods like a sheet. I observed the vapour twenty-six times in 1841. In . 1843, 1844, and 1845_1 observed it frequently, but did not 'nuke memorandums. In 1846, from January to the 30th of Ja;:e, I felt it thirteen times. Oe the 21st of March last the smell was very bad from the chimney, t singlt elk day in the canal Wood. The weather waa then foggy. There are three woods in the vicinity of Sir John's house. and also a young plantation. There are besides the Vista plantation and the Haydoek boun dary plantation. The woods are now in a very bad state. In cross-examination, the witness stated that many collieries have of late been opened in the neighbour hood. There are also gas works. Twelve or fourteen chimneys have been erected since 1822. There are other alkali works in the neighbourhood. Has not ob served the effect of the vapour upon the fruit trees or flowers. There is a cltiver field outside the boundary of one of the injured plantations, lying between it and the defendant's chimney, which is in a luxuriant state. There are a number of rabbits on the estate. The estate is strictly preserved. On re-examination, the witness said that they had taken 500 trees out of a plantation calls-d the Town Field plantation last year. Had to take a great many dead trees out off the woods every year since the chim ney Was erected. _ James Unsworth—l am a joiner and builder living near Sir John's plantations. I have resided there for the greater part of my life. I have been employed since 1816 on Sir John's estate as a joiner, and have been also employed as a timber valuer there. In 1816 the woods and plantations were very healthy. There was some fine, old, full-grown timber there, above one hundred years old, and eighty feet high. Tha estate was then very well stocked; the soil was good, and everything ap peared in good health, until the years 1836-7, when I observed the timber decay both in the tops and the foliage. The tops became dead. The middle part of the large timber, which was exposed to the vitriol chimney, became of a brownish colour, and the hark would not feed. I then attributed this change to the vitriol works. The small timber decayed in pretty much the same manner as the large. The effects hare been worse since 1839. Up to 1829 I valued the timber; since then I have been a purchaser almost every year. I have purchased altogether about 1,2001. or 1,4001. worth. The trees which have been cut down were in a bad state. A great many of them had not arrived at their proper growth. They were cut down because they were de cayed. Alde., sycamore, and some beech have escaped; *oh, oak, and elm partially; poplar, willow, &c., have been most injured. The greatest injury has been done on the south-west side—the side facing the vitriol chimney. James Foster, a gamekeeper to Sir John Gerard, was next examined—He stated that his business led him to go a good deal through the woods upon the New Hall estate. Knew Mr. Muspratt's chimney very well. Had seen the vapour rising from it on many occasions. It had a very disagreeable smell, and affected the eyes very much indeed. It was worst upon damp foggy days and at night. Had tracked the vapour fur a consider able distance among the plantations. Remembered par titularly observing it on the night of the 2d of November last. The wind was then blowing from the east as near as he could think, and the vapour was then on the Smithy wood very strong and thick. Was sure that it carp from Mr. Muspratt's chimney. Remembered also observing the vapour very strong at New Hall on the 21st of January, about nine o'clock in the morning. When he first saw it he was going from the house to the stables, not thinking anything at all about the vapour, until he smelt it very strong. Went then into the field near the Big Oak wood, where he could see Mr. Mus pratt's chimney. Saw the vapour coming from it from nine o'clock until eleven. Saw it coming in the direction of the wind, and tracked it amongst the trees of the plantation. Saw it again on Feb. 21. Was at the Waggon load plantation, and saw the vapour rising from the chimney, and settle amongst the trees of that plan tation. It was very strong, and made him cough a good deal. Had lived with Sir John Gerard fifteen years. The woods were always very healthy before the establishment of these alkali works. The trees had been getting worse every year for the last five or six years. The young trees and the old ones were equally affected by the vapour. A great quantity of trees had died dur ing that time. A great many trees had also been cut down in consequence of the injury they had sustained. In cross-examination, the witness denied that the wood called Smithy wood was very wet. He examined it by digging there lately, but it was after wet weather. There was then a good deal of water apparent. Rabbits and hares bark young trees a little when there is snow on the ground. On re-examination, he said that both in the Wet land and the dry the trees had looked well before the erec tion of the alkali works. The trees were generally too old to be injured by game. Joseph Kin g —Was agent to the Gerard estates, and in the habit of going over them twice a year. Had done so for upwards of 30'years. There was a good deal of ornamental timber about New Hall estate. When he first knew it the timber was all in very good condition, and very healthy. It was very different from what it was now. There had been a great change in it during the last five years. Had observed the woods par ticularly about three weeks ago. The leaves of most of the trees were considerably discoloured. The tops were stag-horned, that is, without foliage at all, and the branches standing up like bare spikes. Had particu larly noticed an oak of about twenty years' growth, which was about 40 or 50 yards from the draw ing-roone window, within the garden-wall. A great many leaves were lying under that tree quite parched up. - Had not asked him if the name he had given was the proper O' —The prisoner said it was not quite the proper ail His real name w as Ni c h o l. H e th en sug gested tha t women should leave the Court. The Court having been cleared, Elisabeth Garlick, the mother of the child in qtlest i t was called to th e w it ness b ox , and stated that bee daughter was born in Feburary, 1836. She was se i c t d into the park on the previous day about two o'clock het about four the witness went to seek her ; daughter on the lawn near one of the gates, troop of children ; the prisoner was lying on the gr l 7 - 0 near them. Witness was remarking to a neighbour ery what she consider e d i m p ro p er con d uc t o f the pi a __, proceedingand was towards him when the child gv' ii and ran towards Or, and said the gentleman bad led her a shilling to go with hi m f or fi ve m inutes, ano,'"' nne r if she had ever be e n w ith gen tl emen b e fore. must have heard this. He then got up and went a"l 4 Witness followed, and asked him what he Melt ° 0 0 offering her daughter a shilli ng ? H e w as a genetleelot in appearance, but no t i n manners . H e said he di d P know what witness meant. put Mr. TRAM to . asked the prisoner if he wished t ie d any questions to the witness ?—The prisoner reY dr - e - 0 that he was cert a inly t a lki ng t o some little cki A l t he whilst lying on the g r ass smo ki ng a cigar, 5111 1 0 0 nearest approach to the charge was that he certaim.rdone offered a shilling to buy cakes and fruit, as he bad on other occasions. v i l .h . efed Mrs. Garlick, reexamined by Mr. TRAILL-- - ii* -- the prisoner handled her chi d irorly. of The prisoner said he di.i not runaway, but imply" re and had no idea of any impure motive. There eve two y oung women near them. dor& Susannah Mather, of Holdsworth's Rents, DeP deposed that she was in the park at the time. Tb?ifers soner was lying on the lawn smAing a cigar. se were two maid-servants with children ; h e made op o i them. They refused to ha ve an) thi ng to say toterto. ran off. Thtre were some young c hildren en ..a 0 0 The little girl, (laughter of the witness Garlick, "'r o ot of them, close to the prisoner. Witness heard pr,1 5 , 00 , say, as he isy on the g r a s s , t o th e c hild, " know what I mean?" The child was sitting with' n— a of of him, Ind he was lying down. Saw him lay her hand, and pull her frock tow a rds him. The c got The pr away and moved off. ot . ° l° prisoner he re remarked that he took ho ' d hands of most children there. Hannah Cavannah, of New Town, Deptford, CO part of the 1 st witness's evidence. tbeo, Franees Jane G3rlick, the comphinant, wa s t 0 1 called, and in reply to Mr. T ra ill as to h er knowle d g e to the sanctity of an oath, stat e d t h a t s h e h a d not bet - j ob church for two years, had tit ver learned a este c ;et was only imperfectly acquainted with th e L o rd's ; .„ had never heard God spoken of, and had no idea tuture state. The child's mother said she had a family O f se lb ell e children, and did the best she could for all of th( v os child had been to school and church also, b ut regularly. 131 01 Mr. TRAILL said, it appeared as though her parents__A, done nothing more with her than send her out to g' e : o It was very horrible in a Ch r i s ti an country t ° Ile child ten years of age who had not heard of God. ligh t could not think of receiving her evidence, but th 001. that sufficient had been stated to justify him la r ein ing the case for further inquiry. o celV e ' The prisoner, who repeatedly declared his inn - „pest was then informed that he would be required to L u r ci not again that day week, but as he admitt e d t h a t he 0 , 1 ,0 given his proper name and address at first he 132D' i e for then lie accordingly rk tired into the clerk's Out of the purpose, but neither his name nor address w a n ; a fered to transpire. An officer was sent by the, he Nos trate with the prisocer to test his statement, an :" o tra liberated on such condition, and entering into recognizances of 401. to appear on Wednesday !I° n Al r ) MARKET NEWtS—(YEsTERA — N 4 Y MA.raitairri, ditt ‘i ci SMITHFIELD.—OId Meadow H a y, 3/ to 41: - 04 " A •tto v t i 21 lOs to 31 14s; Old Clover, 41 15s t o 5110 s; Net ' fi" 15s to 41 Iss; Oat Straw, I/ 8s to 11 10s; Wheat S ti ed 0 1 * 103 to 11 12s per load. Both Hay and Straw re ° ' heavily, at barely late rates. Se CUMBERLAND.—OId Meadow Hay, 31 to 4 1 35 ;v ditto ditto, 2112 s to 3t 15s; Old Clover, 4/ lOs to 5/10s; S;*sirav i : Si 15s to 41 I4s; Oat Straw, 1/ 8s to 1/ 10s; Wt te3 s . higg is " 11103 to 1/ 13s per load. A full average supply, and demand. New A i t toi ' WHITECHAPEL.—OId Meadow Hay, 31 to 41; 2/ lOs to 3/ 12s; Old Clover, 41 15s to 51 16s; Ilttrao'i ew di 1 3l 15s to 41 18s; Oat Straw, 1/ 8s to 1/10s; wheat lOs to 1/ 12s per load. Supply good, and trade veil NEVITGATE AND LEADENII- 0 4 1 ' 1 " . f mOJ There was more business doing here in each kin g d ° ttc!!' fi r t very full prices. Beef, from 2s 8d to 3s 8d; - - d to 4s 6d; Lamb, 4s 6d to 5s Gd ; Veal, 3s Gd to nd Pork, 3s 6d to 4s 10d per 81bs by the carcase. MEAT AN.Elw.k SOUTHALL, SEPT. 2. M We had rather S an active ~ d t , t ioe i for each kind of stock, and, in some instances, the cluivotio'' had an upward tendency :—Beef, from 2s 10d to as 43 0; 3s 4d to 4a 8d ; Lamb, 4s 6d to 5s 4d; Veal, 38 6tl and Pork, 4s to 4s 8d per Sibs, to sink the offal. itt yrev; ROMFORD, Styr. 2.—Prime Beasts and Sheep were t;ia, request, at higher prices, while the value of all o tter of stock was well supported :—Beet; from 2s 8d to 43s 6c191 ton, 3s 44 to 4s 10d ; Lamb, 4s 8d to 5s 6d; 17 °, 1 ' 4s 4d; and Pork, 4s to 4s 8d p e r 81bs. Suckling ki 3 , to 295; quarter-old store Pigs, 16s to 19s; and I gitG with their small Calf, 161 to 18/ 5s each. an d „ 9d; HAILSHAM, SEPT. 2.—We had a good derail 43i a o 3510 stock on the ibllowing terms :—Beef, from 3 s t Mutton, 3s 8d to 4s 10d ; Lamb, 4s 8d t o 5 s 6d; Veal' 5§ to 4s 4d ; and Polk, 4s 10d to 4s 6d. v atotl , k , ARUNDEL, SEPT. I.—Beef, from 2s 10d to 4s; re i t l 10d to ss; Lamb; 5s to 5s 4d; Veal, 4s to 4s -Id; frau' d 4s to 4s 4d per Blvs. A moderate supply and a ' zte ., 3 ,Tia 14 3 ; CHICHESTER, SEPT. 2.—The general quotations `I - frc0,,, 1 on the advance, with a very steady inquiry. B ee 'A,' ; ve ,„ - e to 4s 2d; Mutton, 3s Gd to ss; Lamb, 4s 8d to 5 s 3s 8d to 4s 4d ; and Pork, 4s to 4s 4d per fa& _ igs; Calves, 18s to 295; Quarter-old Store Pigs, 16s to Mitch Cows, with their small Calf, 16L to 181. each. CORN AVERAGES- 0 , 1 0 GENERAL AVERAGE PRICES OF BRITISIL' t - 00 0 4 0 For the Week ended Sept. 3, 184 6, made u p from the i° ,l /' Inspectors iu the different Cities and Towns in El , :g lAn per Imperial Quarter. BEA'S.,• 03 WHEAT. BARLEY.' _, ya I 3P 4 PRICE •• I ' 47s 10d 29s Id 23s OAT Od 31s RYE. 10d •v' DUTY. •• 108 Od 4s Od I s 6d I 4s Od 40 r be Captain B eec h ey , R.N., i s at presen t eng a o tr t ft an explorin g expe di t i on t h roug h the Swilli e ';' s tes° l- Welsh coa s t. Li e i s on b oar d t h e Goverrhen" Firefly. 41 p gal l O - ~r.tl HAVANNA CIGARS.—A letter from uo informs us that the cultivation of tobacco is 1 ; clufdsne ,1 0 immensely in Cuba, in consequence of the g rea ts 0 1 th e for Ha vanna h c i gars, w hil st i n many distric se. T e , island the cultivation of coffee is on the clecl ea ns atiso system of traffic in tobacco is very loose and 11- 60' - I, tory, the commodity is chiefly brought to th i e w horses, and there offered for sale on the so - c a '" e - s si s 4o zada," in eating-houses and inns. The hus' n h ois ` f jo the hands of certain speculators, who Pre(' the 50, goods of the country people by anticipation , an d broVA is then effected by small cigar manufacturers 3 ° ire cl. to to treat with whom the utmost caution is req u w ishe o j e rumour was recently afloat that the Governor, e for 0 1 remedy the evil, and to erect a store magO in e ec l lo) deposit of alt tobacco destined for sale, ar ra July' O w o °s ' classified by sworn brokers, but hitherto is nothing has been done. The crop of this Yea r i jitl 0 1 prolific, but there is a prejudice against the gl o p 0 40 certain cases, as the building for drying, Soll t j o tO packing the tobacco were too smal l in proport'fot .a quantity, and the tobacco was brought to mat' 06: e f y immature state. Still, the demand continues tc 'e oig the supply by a great deal. The preparation ° h ` 003 w o i occupies a great portion of the population; w., i , 1- 0 000 creasing. consumption, the exportation to 11 "1,j0h,4 the world continually augments ;in proof of fl i jo shall merely observe, that the French reie for fo r4 o, itself compelled to conc l u d e a new contra ct —e o boxes of cigars a year, whilst the precedi 4 CADVERTISEMENT.I—A LIVER AN D ., '0,,„ 0 1 _ 4 80,000 remains still in force. :A c e ; ll , s/ 00 , COMM AINT.--WONDEIIFUL EFFICACY OF F 101 .1 4" II•Ov; The son of Mr. Thompson, national schoolmasterhs op% had been in a most precarious way for upwli r to be in years, and at last became so consumptive a s fo rrow n d rently in a dying state. Three flstulous cor e ! food s e - dll ick ti ohest, so that the stomach usually rejected bot a „ A rs a t ; ctir,,, dicine. Mr. Robert Calvert, chemist, StokesleY, r ,.. 5 that by the use of Holloway's Pills, the youth is n 0 ,," ce: r er 1;0 of his ailments, his appetite and digestion being* gris Saw.i O i n t, gaining strength and flesh; yet, be it remembered,,o9!..,,aie nearly at death's door. Is not this truly extr d ittots Pills are sold by all druggists, and at the Proprietor al 244, Strand, London. ___ - ___:..--.'-- ------------ 1 BIRTHS. e WV On the 27th ult., at the De rw e n , ShroPs bre 'r t ss ohl3 ',- I. r . Edward Oswell, Esq., of Linc o l n ' s I nn -fields, 'l a dy 0 On the 31st ult., at Hurley, Berko, th e Diet os2 ‘ Hodges, Esq., of a son. 10arr isoOf of On the al st ult., the wife of the R e v. Mr• rj 34 bent of St. Michal's, Piml:co, of a son. ,I 1 0 5 0 0, On the 31st ult., the wife of J. Ranu.— , p charlee '".• -.11 I / We ° Vernon-place, of a son. On the Ist inst., in Bath, the w if e m . pogr Esq., barrister-at -law, of a son. EsseX, 3lll. od, On the Ist inst., at Park-place, Ley ton, Coa ill Tuc On th ker, of a son. J. 3 . 1 ' e Ist inst., at Bocking, Essex, Mrs. of a daughter. ppeit O ntda n ar, t rv lie es 3 s ls t t ult., at',--------VamlcAotß'Cß.lhEuDrc.h, Bath, Ei cb t a ger trini. Esq.,oAlary ci An m ne, youngest daughter Forster, Esq., to Anne, third daughter .0 rciil l fif On the Ist inst., at St. Pancras New Church, -Le•:, gel' of the l'e" oolf Walker, of Fitzroy- square. 19gb ). ' ' l'' On the Ist inst., at St. Mar' Paddington, - te ovie son of the late John Turner, Esq.,. s, of Erdington, " i f .;- , ssq' shire, to Mary, eldest daughter of William Eaves° , s P of Howley Villas, Maida-hill. Ol vir, On the Ist inst. at St. Olave's, Southwark, I:11,7;0! Leadarn, Esq . of Tooley-street, latersugeon, to "", ii nclef'" Harriet, youngest daughter of the Rev. Isaac P' Rector.of St. Andrew-by-the-Wardrobe, Blackfriars- DIED fus clis l3 ' On the 30th ult., at his residence, Sea Lawn. '''' . James Powell, Esq., in the 69th year of his age. 0 f OP On the 16th ult., at Fulham, Susanna, the widovt late Alexander Mundell. oithe r On the 22d ult., at Bridgewater, Mr. John Lomb wick, aged 24. .. tre et• On the 27th ult, Mr. Henry Robottom, a St. John . road, Clerkenwell, aged 56 . On the 27th ult., in Baker-street, Portrnan-scluare' T. Jackson, Esq., aged 75. v a s. Oi l ' On the 29th ult., at East-hill House, Hastings, ^--- t ., Bayley. genii ' • 0 n ar t d h , e h2s3qd.,ul Secretaryt., at B etrolinh,erSi‘eivaiilleas,tydftughter of ed 4 . How ' On the 28th ult., at Freshwater, Isle ofseeoygLio, only child of G. Miller, Esq. of Goudhurst, R' W e i n j t i " ~.... ;O . ph T ip t s h , e o 3 f l c s u t i u h l a t m ., ,aot Oxfordshire. (3 infant son of Jo ~.,,,r , o f I.lt A l f; Loudon: Printed and Published by 11171030 Y0U.0—. 0 , 3 i-, ;., Strand, Printer, at The Sun O ffi ce, N 0.112, Strand, iFivridio of th 3 Savoy, in the C 9 ty 1 1indd1.44.1• un o Wilber 4, 1846. _ f