The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1836-12-30 00:00:00

Drc. 30 • 1836 LIVEIZPOOL POLICE. . AGAtNST THE %ACXHALL-floso COEMicAt, NUIsANCE.S.—On Wednesday, at the Police-ea - ice, a number Of informations were laid against. the proprietUrs of the vitriol works in- Vauxhall -road, under the new by-law, for - creating a nuisance by' th e generat i on o f mur i at i c ac i d gas, to the discion fort, injury,' and annoyance of the inhabitants. Messrs. Hall, Birch, Logan, Hardman Earle. Heywood, and ltathbone appeared as magistrates on the bench. Mr. VENABLEs appeared in support of the informations, and Mr. HARDEN on behalf of the defendants. JUr.. Shuttleworth. the magistrates' clerk, then proceeded. to ,read the first intormation, which purported to he exhibited on the 27th of December, against Mr. John Nathan Holmes, for the breach of a by l aw o f t h e t own o f Liverpool, by making, , generating sending forth; and dispersing, through the meets, through Bevington-hnsh, &c., a certain noxious and destructive Yiipnitr, being prejudici a l to the h e alth a n d com f or t o f th e li ege subjects of the realm. VENAni,Es then said, " I appear here on behalf of this .., information, and it is the first You have been called on to try Under the by-law relating to aim." Mr. HARDEN here rose. I take a preliminary objection. I Ktsh to know under what authority you assume jurisdiction un• 44 this case. The by-law gives no power to the magistrates. Mr. Ilm.L.—You have not seen it. . Mr. VENABLES.—I am afraid Mr. Harden has not read the Mimicipal reform act with the attention-which he ought to have don e; because I think before the cud of thi s case h e w ill b e himself convinced that lam right in this appeal. I appear, as I said before, for the defence of this information. You are aware, under the municipal act, that a power, by the 90th sec tion, is given to the different councils to make by-laws for the 'prevention of such nuisances in the boroughs. Now I assume, 4 4 a matter of fact, that there is an act of such a community in farce in this borough which gives to the magistrates that power to prevent these nuisances, and therefore that I properly corn- Vain, under the reform act, Achich was the substratum for the authority which I call on you to exercise. The 90th section of the municipal reform act empowers two-thirds of the council assembled to make a by-law for the prevention of such nuisances. Ir shall show sort that on the Bth of August last the council met, of whom two-thirds were present, including the aldermen, and that that by-law was passed. This by-law imposed a penalty on Sty nuisances within the borough, like the present. On the Bth " , f August the by law passed, and by the powers of this act it was not to come into operation. until it had been laid before one of.his Majesty's principal secretaries of state; and if at the end cif that time, in which it wag to be laid, it were suffered to pass, that by-law came in force. That occurred on the 23d of Sep tember, whert it wotild lie in force. I shall show you that these informations were laid within„iliree months of that time. This hyslaWitepoSes a penalty , -- 7 Which is the utmost penalty the council were - enabled to iniligt—it imposes a penalty of £5, for Which I alit suing. On the sth of December I will show you that Mr. J. N. Holmes, who keeps a manufactory of some kind, orother Worki";*created a nuisance by peoniting to come from his chitnney a white vapour, which was prejudicial to the health or the comfort of the inhabitants. I will state to you the words of the act,. "anything which causes any prejudice to the health individuals, or disturbs their cam' &et ;" and therefore I need hardly enter into the Trestion whether this is prejudicial to the health of individuals or not, if I can show that it is prejudicial to the comfort individuals. I will show you this was ex tremely disagreeable to the persons who felt it, and that it caused a, hard cough and injured the eyes; and I shall show that it injured the furnitur.3 in the neighbourhood. These are the facts of the casa; and due notice has been given to the de fendant. I will then prove the by-late in the usual way, by showing a copy of it, tinder the usual seal or the borough; and then, when I have done taat, I will show tile drift of the by law, and then show that ;he defendant has offneded against it. Th es e are the,short facts of the case. I will prove the nuisance, and will then call on the court to inflict the penalty of £5. They !stye na power to mitigate, bitt-a power of suspending the fine. When i t3ve done that I 'shall feel I have done my duty, and thvcoar - I am sere will do theirs. Maaindales proved serving a summons on the defendant on Saturday night, to answer the information. Charles Aaron was then cslled. He deposed to being in the 'Rice of the.. Town-clerk, ill Liverpool, and that he had been there coins time. He was acquainted with the seal of the cor poration of the horonO. He had seen it on various occasions used, was .aequai,nted with its character. He produced a copy fesfil tiro CatitOration books cf the bye-law exhibitted. It was a copy cf -the bye-law he held in his hand. He h a d compare d all w'a - rOmil entry in the corporation hooks. It was affixed to the books. It was..ati exact copy. Ile sent a copy of the bye-law to the post to go to London, on the 31st of August. He compaiel that copy which was so sent, with the one which he compared with the hook.- The copy- which he sent to London Was a fair copy of the bye-law. It was under the seal, and was ( liiieted to the Right Hon, .Lord John Russel, Secretary of Stati for Cho Hoots Department, London. • Cross -examined.-11e did not compare that copy he sent with the original of the book. • Mr. Ha aDEN.—II,ave you seen that copy that was sent ex posed anywhere ? Mr. VENABLEs.—I have got another witness. Mr. - Hati..—With what (lid you compare it ? Withes4.- - -With that hung at the Town-hall, and this copy. Mc. HALL.—And the one sent was precisely similar to the one at the Town-hall? Witness. —Yes Sir. Mr. HA'RDEN.,—Did you examine it with that? Witness.—Yes Sir. Thomas Drutiunnnd deposed to being employed at the Town ball, at the latter en d of August last.' He fixed up a copy of the bye-law on the Town-hall. The paper produced was the one he affixed. It -continued there from the 13th of August till aUth of September. He had not comparechit with any paper. Mr. William Crook deposed-that he compared the paper pro (laced with the original bye-law. It was an exact copy. 111 r. Elattouts.- T Did you compare the one sent to the Secre tary of State with the original in the book? Witness. —No, I did not. Me. H A RDEN.- . - 7 ..Then it has not been compared with that one in the book? _ Witness,--No, it has not. It has been compared with that Paper hUng up, 4tni that is an exact copy of that in the book. Mr. Vkisaist.m, s7 llave I anything to do further to prove that it haS pissed the vuuucil? wawa the bve-liavo. Mr. Shattleworth then rend the bye:lirwl'i)r the • suppression of the chemical nuisances, passed by the council,on the 4th day of August last, together with the preamble „taken from the 90th section of the municipal reform act, empowering the council to isake bye-laws. Mr. Ha RDEN.—I object to the jurisdiction. Mr. VENAOLEs.—i have only to refer you to the 91st section of the act, which gives power to the magistrates to deal with offences in a summary way. " And be it enacted, that all t he provisions hereinafter contained, relative to offences against t his act, punishable on summary conviction, shall be taken to apply to all offences committed in breach of any bye-law or m fr.-dation made by virtue of this act." And then the 127th sec tion goeS onto state, in what mode the penalty shall be levied, and the 128th section gives a power to any rate-payer to be- Toin e a ,couinetentwitness ; though the penalty may go for the Use of the'borough fund. Mr. HARDEN.—A• jurisdiction of this sort must be clearly ttiven, arid not by implication. I take the 91st clause to be this, that all the, provisions hereinafter contained "relative to of fences ; iv/Lich are' against this act, &c.," that is, all the offences "numerated in the act, which the 9lst section relates to; and the offences and clauSes which come after section 126, and after s ection 128, are made to apply to convictions for any breach of regulatiens made in this act. But there is nothing in the 9 1st section, or in any other, which says, the council shall have Power to convict summarily. It merely extends the provisions. i hes e p rov i s i ons app l y to t h e app li cat i on o f penalties to he re overeile in ,a .summary manner. The 12th section gives a Powe r t o summon witnesses, and inflicts penalties for disobe dience of summons. NOW, sir, the 91st section applies, accord '4l; to . the grammatical construction of the section, to giving a Power to punish a n y b reac h o f l aw con t a i ne d in th e a ct, b u t i t 9°es not give an y summary conviction for any breach of a bye vr t Mr. L— r. He r.. The 90th section, it is quite clear, only applied , ;`,) ( "z:•es which were punishable in a summ ar y m a n n e r, because begins by stating, '`that it shall be lawful for the council of 4 , 4 Y haroueli to matte such bye-laws as to them shall deem meet 'or th e good.rule and government of the borough, and for the P r eventiert and auppression of all such nuisances as are not al tr..."aclypanishahle in a summary manner by virtue of any act in ice in such l s t," which shost early tliat the e bvM contethrlated in orough; this section are owsm only applicable to subym inary convirt ions. Then the 9lst section states, "shall be taken apply to al: offencea committed in or any bye-law." , Mr. ti Ait sir ; that is applicable by s u mmar y con -It!tion Mr. HA f.T..—No. no ; th e 128th section contains provisions , to the sur ainan i tig o f witnesses, arid then goes on to state, , that if a•ly person, so. siramoned, shall neglect or refuse to KkPear in di so b e di ence, Shall forfeit a sure of i's; and then the ,l ,?th seeti,:g gees on to say; that. the jestices of the peace m ay K udge stieti convicted to pay penalties. Now, under b ye iv that . plased, itis considered as part of the act ;.'that on"au occasion that was clearly•applicable il utnin , ''' - iY".entiViction. There is no other mode of enforcing a but Sunimary conVictiom The 91st section ex-: 14 :ssly states' that. • • ‘ alr• Eiaelt.The 91st Seetion gives no such power. This on in~ime a lise N p -- ower Without any jury. It is of so -d extensive tu re n that unless it was made as clear as noonay that 'the werwas to,be givier it ought notao be ‘ assumed. I,lMe. Vcelialy.s'.--This is as cl ear as . d ay . What would be p his of a. bye-iaiv if th ere could no t b e summar y conv i ct i on. is is verb clear and intelligible—those wh o run ntay.Vead it. h Ilit:rL-'l:tiere,are certain offences that can.bi.punished hY the a c t;'i l iia • , -, rt,iin.eth e r offences. only . .punishable by the ,l e- laws. Vith,e,we.see,the.9lst . clause, - it appears4hat ihe ittot he bed, e•laa' it visiens shallZln inahße,r,-selate to the bye.laws. Now gives the magistrates the power to convict in orts. wi„• 4 r latinr . i —B fo-e we go ou I think the informations • p , tn e gl regard . re . thls ye,lavy do not bring it under the act. About s e ,,, e xareined,eOpy the : same act states - that a copy should be ilto the seretary. of state., , „ • VI% licye eureil that. t e *" . r• liAte...-41'is objection is that you have •proved that the Was sent,butthat it. was not compared with the. original, by g "c with,this,copv here, which was compared with the '• ' ' • *N 4I 4 VeNmitui. 7 .4 apprehend, strictly speaking, that it is an Wi tial e l t copy. There is no direction that it s h ou ld b e compare d or. . de n 1.• theoriginal HA r.r..- 7 -It would have been certaitiry nauc.h More pro to have compared it vrith the original. • th e r • VErganres.—This is the copy which wa s ex hibit e d on N b front of the ToWn 7 hall, and was, in fact, promul ga t e d t o th e tviti!le: and the copy sent to Lord John Russell was compa r ed " this.• • oti . • HARDEE.—A. copy of a copy is not lik e a co py o f the riii hal •-' _ N c ,; r aCt directs that a copy shall be sent to the tla,,, t tary of Stat e o f th e or i g in a l by e -l aw itself. There is . no `on that the'doentnent is 'perfectly go o d, becau se it is vai n to be, enmpaned with the original. The only question 44 1p,. e " is. how far the copy sent up to Lord John Russell is a -Jr cf the Tr bye-law.v v ExAnins.—Perhaps you will consider that. seetir.its en.nN,—From the ambiguity of the wording of this t he l‘ n it is by no means Clear that the copy itself exhibited at • iAt r o wn-hall - sheaf' not have been sent. : . . Nit lt. • ilsi,L.—Th ere is nothing in that. A copy should be the e t g a t , l i a copy affixed. The only debateable point is that in rs nstance—how far it may be deemed to be a copy of f 'iai a • le D • creancEs then called Mr. Henry Boswell Leigh.—He Oe,: - led to residing at 21, St. James's-street North, and being ) . t tet - Z ll et-Tnaker. He knew where Mr. Holmes' alkali menu jsill;)°,,vas. • On the sth of December he saw a white vapour lrmn his chimn ey at ten minutes past twelve o'clock. , 4.. f a t ? , • unt a n , rth-easterly direction. Ihe wind was blowing `", et . ."t• The vapour affected his breathing and sight. The ,)ntei"c which the.vapour was taking would pass over rather a l q h h e l,? t t's Part of the town—over houses and streets where the ants ieerf. passing. The eeneral effect of the valour at r lite r ` • " "U"1 !lint to coegii, and made a twinkling. seusa- P h;s • t \es A I,ich was very disagreeable. exaleire:l ile could not swear that this iejtirious ah nßtProditeed.liy•Me. Mimes' manufactory on the day in. 41 5 s ' i , " , ll 4 ;‘ L it mitlit•ll:eer been' Mr. AA - res. chim- • r , wtited to that effect. '1 here were soap manufactories there, and tiinekiins. lie never noticed any potteries. There were no brick-kilns near. He did not know-.that there were any glass-houses. He had not examined the premises very cor rectly. He would swear that this chiinneV itself had produced the•effects he spoke of. Be-examined.—The vapour was particularly disagreeable on the sth of December. Isaac Needham examined.—ls a groCer . in Scotland-road. He knew Mr. Holmes's premises. On the sth of December he made an observation of his works at ten minutes past twelve in the day. He saw a white vapour issuing from the chimney. It affected his eves, and mouth, and chest. Cross-examined,—He did not remember how the wind was that day. He had seen a great quantity of smoke arise on other necasions, and had been similarly aff,.cted by it. He was cer tain this effect was produ - ced by Mr. Holmes's chimney. By Mr. HA t.L.—He was directly in a line with the vapour. It passed right over him. Mr. James Davies examined.—He lived at No. 32, Scotland road, anti was a silk-dyer. He knew Mr. Holmes's premises. On the sth of December he observed something issuing from his works. He saw a white vapour coming from his works. He had been accustomed to the effects of this vapour for so long a time that he could hardly describe its effects on himself. It was far front pleasant, and would affect the eyes and breathing. By Mr. HALL—He could not say that it affected him as it affected other persons. By Mr. VENABLas.--He did feel its effects. Cross-examined.,--He would positively swear that the smoke of Mr. Holmes's chimney had that effect on him. There were other manufactories in the neighbourhood of his premises mak ing the same white vapour. He could tell the effect of each particular chimney, for it had not taken his eyesight away. He could not tell what the vapour was composed of. There was no other chimney than Mr. Holmes's emitting vapour on the sth of December. He did not observe how the wind was. It af fected hint most when it blew from the westward. John Lloyd examined.—ls a draper, and lives at No. 165, Scotland-road. He had observed the white vapour coming from Mr. Hainies's premises. It injured his goods by taking away the colour froni.thent. It tarnished his brass articles, and rusted his - fire-irons. Cross-examined.fle did not'kuow any thing of the effect of the vapour on the sth. December, but he had noticed it on the 10th. It affected'his' breathing and eyes. He was speaking of the 10th of December. By Mr../I A L. was much annoyed by the vapour on the sth. George Bowes Taylor examined.—He resided at No. 35, Byrom-street, and was a linen-draper. He knew Mr. Hohnes's premises, and otserved on the sth December a white vapour issuing from the:chimney. It took the colour from his goods, and affeatted, tsis eyeikand breathing. It affected the eves p4rti• cularly when small.rain was, falling: it was then like the prick ing of . - a Pin or a nee'ilre. Grass examined.—That was the general effect. There were a great number of similar manufactories near Mr. Holmes's. He world speak to Mr. Holmes's chimney partly producing that effect. It mi4ht arise from Mr. Ayres's or Mr. Muspratt's, in. others. It affected him most at his premises when the wind blew north-northwest. James Logan examined.—Was a veneer-sawyer in Naylor street. He knew Mr. Holmes's alkali works, and had seem the vapour issuing from his chimney. It rusted his veneer-saws in five minutes. He had seen the vapour issuing from the chim ney as plain as he saw the nose on Mr. Venables' face. Cross -examined.—He had known these premises for 5 or 6 years. Land was selling cheaper there, than it was some years ago. . _ Re-examined.—Land was decreased about one third in value n consequence of these works, and people left their houses in consequence of the nuisance. Mr. H A RDEN did not object to its being add:nitted that Mr. Holmes was the occupier of the premises. This was the case for the prosecution. Mr. HARDEN apprehended that in a case of this sort, the magistrates would want a very clear case indeed. Questions of nuisance were, of all others, peculiar questions for a jury. For there was in every case such a number of conflicting circum stances, whether they were or not public nuisances, or what the law called common nuisances. The evidence that had been brought before them that day had not completely substantiated that. It had merely shown that when the wind was in a parti cular direction' the eye-sight of persons was affected; which must he the effect of certain manutacturies, be they where they will. In the case of King and Russell—a very important case—and the cases which had since been decided on, on that point did not go against that decision—it still kept sound law— the effect of that decision was this, that if the public derives a greater benefit, or that the benefit derived by the public gene rally counteracts .the prejudice and disadvantage that is sus tained by individuals—that the benefit sanctions the nuisance, and that in point of law it is not a nuisance. In addressing gentlemen who must be perfectly familiar with the extreme short ness of the notice, which had only been served on .Saturday, they must be aware that no time had been allowed for en deavours to be taken to neutralise the effect of the gas as far as it was possible. It was imposible for him to bring evidence to contradict that which was brought tor - wards. It was quite useless. These manufactories were most important. Thousands derived their livelihood from them; and the workmen employed by them amounted -to several hundreds, and he might say thou sands; and the produce of these manufactures were used in the making of soap, and of glass, in bleaching, and in various other manufactures. The shipping, and the kingdom at large was benefitted by them. On the other and, the temporary annoy ance of these few individuals was set up against the extensive interests which he had endeavoured to point out to them.— Again, supposing that it were a nuisance, they must be perfectly aware that there had been two opposite decisions relating to these manufactories. The first was an indictment against Mr. Muspratt, which failed : the other was against Mr. Lutwyche, which succeeded. With such difference existing, it was not too much to expect that the magistrates would postpone their decision. The effect of such a decision as this was to establish an absolute court or star-chamber in Liverpool. It had been so speedily brought before them, and, before many hours were over after it had been so brought, it was to be decided on. Many thousands a-year were involved in the decision. He thought it was too mach to expect th a t an y b enc h o f magistrates, without the intervention of a jury, should be called upon to undertake such an overwhelming responsibility. This bye-law was an extreme hardship. fiktrusted it +aqua! not .be.. , eoissaretest aftrietlya if there was any doubt about the formalities of that- law.. if there was any possibility of error, they should scrutinise most strictly to find out if there was. any hiatus.with respect to this bye-law : and if so, he _trusted they would give his client the benefit. He was also instructed to state, that since the 29th of September, the manufacturers were anxious to do away with the nuisance. They did not deny but that there was some in jurious effect connected with it. In every manufacturing county such must he the case. They could not drive theM hack and back until they drove them into the ocean; for, till a pre scriptive right was obtained of 20 years occupancy, they might be so driven off. No longer ago than Monday last, a patent had been taken out for the consumption of this smoke. There were various other plans in operation. But it was too much to expect that parties should lay out immense sums in the adoption of plans for the pieveution of the nuisance, until they observed that some successful expedient had been found out. Ruin stared at them on the one hand; and all they wished for was time to try the expedients which might be thought of. He was not going too far when lie pledged their word that they were most anxious to remove every possible objection to their manu factories. When they recollected the inaccuracy there had been in tending the copy of the bye-law to the Secretary of State—the extreme hard s hi p of the enactment—and, above all, when they considered the case of the King and Russell, that a great benefit to the community purges and destroys the effect of a similar annoyance, he would confidently leave his case in their hands. He was satisfied to rest his case on the case of King and Russell. • 1f that should leave any doubt ou their minds, he hoped they would leave the decision to a jury. hl been r. put ,id as the case of King a n d R usse ll h a d bee r in N A B evidence,aa a p i he had a r i g h t t o reply. He could show to the magistrates that the case of King and Russell was no more like the present case than black and white. The nuisance complained of in that case was for the public convenience. Was this for the public convenience ? Was it not for the pri vate benefit of individuals ? Could any one suppose by the greatest stretch of imagination, that the public were to be bene fitted by the work of Mr. Holmes ? They were benefitted by the work for paying for it when it was made. In the case of the King and Russell it was quite different. Mr. H A is not necessary to go into it. The case of King and Russell does not apply to this case at all. Mr. HA LT, inquired what was the nature of the vapour? Mr. Varvaar.as.—lt is au a lk a li, I b e li eve. Mr. Crook.—Mariatic acid gas, formed from the decomposi tion of salt. After a short consultation with the other magistrates, Mr. HALT. said, I quite agree with Mr. Harden that we ought toirse very great caution jai a caee of this sort. In speaking of myself, the power given to ins is one that I wish had never been given to me, •It is it'power I did not seek. I am exceedingly sorry that it was ever submitted to the magistrates. I know. a jury of the country is a much better tribunal; and the nuisance can be much better put a stop to, because then the court would have powers that I cannot possess. This sort of contest may be interminable—a sort of perpetual warfare may be carried on, and, after all, no comparatively great good result, because I cannot put an end to the nuisance. Where it is a mixed case of law and fact, ajury would be governed by their judgments as to the facts, and as to th e t a * by th e presiding judges. It would be much snore eatisfactory. to me to have the opinion of twelve men than to dispoae of this case. However, the quest ion is submitted to tae, and' we must dispose of it one - way or another. The evidence here' is all One way'. There was no at tempt to answer the case. , Wherber'it was in the poises of the party to do so or not we cannot say:, But- the. fact is there is no evidence at all to alter our opinion on the evidence in the case: and, therefore, we insist take all those facts sworn to, as facts that could not be contradicted. With respect to the cases re ferred to of Muspratt and Lutwyche, they prove nothing at all; for each case must stand on its own merits- I acted as counsel for Mr. Muspratt some time ago, and the jury acquitted him. With respect to the case of King and Russell, which kitis been quoted, there is considerable doubt. Lord,Tenterden certainly differed from the other judges. and I believe he entertained the opinion which he expressed- to the very last moments of his days. 'However, supposing you are intitled to inquire if the public benefit countervails the annoyance which arises from the nuisance; there is no evidence of any public benefit. There has 'been some statement made that it will be a public be nefit; but I cannot act on that. It is not sin ilar in the case of King and Russell. That case is not at all applicable, supposing we are to he governed by its principle and consider that case as sound law. Tire evidence that has been produced sat isfiesour 'minds that this may he called a com mon nuisance, inasmuch as various individuals have given evi dence to state that it affects. their eve-sight, and others their breathing; some speak also of the effect it has had on their property—damaging and rusting their saws. It is not neces sary in all cases that the health should be affected. A nuisance is created in consequence of injury to health. In others, a man's comfort is affected. And supp os i ng t h e h ea l t h i s not af fected, but that a man's life is rendered lincomfortabie--,that is a nuisance. According to this evidence, it must be exceed ingly uncomfortable to persons, if, when they walk about they are affected in their breathing and in their sight, and their eyes are, as one witness desciibed, as if prick e d b y so man y pins, when the rain is falling. Considering that there is no evidence against it, we consider it our duty to convict, subject to an opinion as to the copy of the bye-law sent up,to the Se cretary of state—if that copy ought have been a copy of the original. We inflict the penalty of £5. Mr. 7- I A RDEN.--:-Thert is a discretion. Mr. HALL—Whether the penalty be inflicted immediately or time he given. There is no wish on the part of the magis trates to act harshly to individuals. Mr. H A RDEN.—Perhaps you will postpone the infliction. of the penalty Mr. A . ll..—Are ion goi4o , to make any experiments with a , view to ahatit g the nuisancn. Mr. II ARMIN (after a short consultation with ais clients.) - I must leave the nintter in your hands. Mr. HA pa'vkil:s are in good circum s tan ces , an d, therefore, th ere i s no occasion to give time. Therefare,'sub ject to that decision, and the penalty ought 10 be paid. An information was laid against the same defendant, for the same offence, on the 9th of December. The preliminary proof t in this case being the same as the last, the evidence was admitted by Mr. Harden. kir. HARDEN took an objection to the information, that the nature of' the gas was not stated. The doctors had held that all gases were not prejudicial to health. Mr. HA.k.L .—lf it is prejudicial t o the comf o rt it is enough. Mr. James Logan then gave similar evidence as, before, as to seeing tots vapour proceed from Mr. Holme's chimney on the 9th, as to 4is unpleasant effects on his personal comfort, and the injury it (\id his tools: On b e i ng cross.examined, he said he had hiid °IA £lO,OOO on his property in Naylor-street, and he would he very glad to sell it for what it had cost him. Henry Leathom stone-mason, residing at 191, Scotland-road, deposed to traCing , the vapour on the 9th to Mr. H ()line's chimney, from curiosity, ov.ing to its great density: He had . houses that neightiourhooA which he could only let fin £25, for which, before the establishu\ent erf these manufactories, he had ititained £35. On being croa.s-examined, he said the value of land had increased for manufa,-;tories, as they would pay any price for these nuisances. G. B. TA Y Loa deposed to seeing the vapour on the 9th issuing from Holme's chimney. It affected his breathing and his eyes. Mr. HARDEN called Mr. Lutwyche, who deposed to carrying on an alkali manu factory. Ile was a manufacturing chemist. He knew. pretty well the extent of Mr. Holme's works.. He should think that his manufactory produced about. 80 tons per month of the alkali, which, at the present value was. ninth £l6 - per ton. It would require 40 or 50 hands to make that quantity. Some of the alkali was. exported to America, and \ Dieman's land. It was used in the manufacture of soap throughout the whole kingdom. It was sent to London and Bristol, and. was used throughout Lancashire for bleaching, and nearly all the crown glass was made from it Liverpool was perhaps the best situa tion in the three kingdoms for the manufacture of alkali. The quantity made was equal in extent to all the foreign Barilla, nearly all the.potasses,,arid most of the kelp; and instead' now of importing these articles, the alkali was exported. They were sending the' article to Canaria, from whence they used to import it. The manufacture was not of modern invention, but greatly improved in quality. He should think that in this neighbourhood there were lOW hands directly employed in its manufacture ;- but it was impossible -to calculate the number indirectly employed. He had devoted a great deal of attention to ConsuMing thesuroke,'and he fanced that he had now coin. pletely. succeeded. • His manufactory was open to the inspec tion the public, if they had'any doubt no the subject. Land in that neighbourhood - was now worth three times as much as .it had been before these manufactories had beers established. In VaUxhall-road land formerly. worth 7s. a-yard, was now worth 305., and it had increased in value for dwelling-houses, as well as.,manufactories. Cross -examined.—He did not now carry on the same premises as he did when the verdict was obtained against him, but similar, Alkali, was made by de-composing common salt. The first operation was byt)ae manufanture of.vitri o l. H e did ou tthi n k 'it quite fair that lie should be asked how the vitriol was made. He did not think he - was bound to disclose the secrets of a manu facturing chemist. He thought he could tell, however, without much danger. The vitriol was made by inflaming sulphur and combining it with nitrous gass. The vitriol is then mixed with common salt to make the alkali. Mr. `'ENABLES.—And I suppose it emits a very pleasant smoke. Witness.—That is a matter of opinion. It is by no means unpleasant to my nose. It depends upon the state of a man's lungs whether it makes him cough or not. He never saw per sons affected by Mr. Holmes's gass. He had seen white vapour proceeding from his chimney. The word comfort was difficult to define; the gass might affect some and not others. He dared say it would effect him. It depended on what description of goods were in a shop whether they were affected or not. • He doubted whether it would take the colour out of printed cottons. It muriatic acid gass came in contact with iron it would rust it. It would discolour iron and brass; the smoke of any chimney could do the same. Mr. HALL.--Generally speaking would it add to a man's comfort ? Witness.—l certainly can't say it would add to a man's coin, fort. Mr. HALT..—Would it not detract from it? Witness.— I should say no. Mr. Viirss B LBS.-1 don't think it is necessary for me to say any thing in this case. Mr. HA R DEN.—Do you mean to press the whole of these cases? Because you might make 365 penalties in alear. Mr. H ALL—The very object of this fine was to make it so severe as to do away with the nuisance. Mr. VEN A RLES.-1 have no objection to say that the object in laying these informations is to lay them diem in diem till they are abated. Mr. HALL—Unless you have an answer, why not submit to them and endeavour to stop the evil. Mr. VENABLES.-1f your clients will submit to the infortna lions, I will not press the penalty, but I must have a conviction on every information. Mr. ills a DEN.—A very few days will prove wh e th er M r. Lut-' wyche's plan of consuming the smoke will succeed, and then they will determine what to do. Mr. HA I. L. -`ghat does your client propose to do ? Mr. HARDEN.—I shall consent to no conviction, for we shall appeal at the next quarter sessions. Go on. • Another information 'was then laid against the same defend-'. ant, for the 10th instant, which was supported by the evidence, of Mr. John Lloyd, and Mr. John Gardner, ironmonger, whO gave similar evidence as the previous witnesses , that it injured their goods and affected their breathing and sight. The same line of argument was taken by Mr. HARDEN, in reply, as before ; and answered similarly by Mr. HA LL. The same penalty was inflicted as in the previous case. Another information was then laid for the 11th instant, against the same defend an t, f or t h e vapour b e i ng i n C herry-lane. - Mr. Logan, and Mr. James Newton, confectioner, deposed to seeing the vapour on the day in question, which was Sunday, issuing from Mr. Holmes' chimney. Juhn Ward, foreman to Mr. flidmes, deposed that the ma nufactory was not working that day. Mr. h aLL said the evidence for the prosecution was becoming very weak. Each case must stand on its own merits. It was unfair to bring. two men, out of the whole town of Liverpool, to swear that they felt inconvenience from the vapour. Each case must be fully proved a public nuisance, however long might be the time it might occupy. He thought, on reconsideration, they must acquit on this information and on the previous one also. An ingot - Illation was then laid 'against the sanae.defendant .for the War instant, for the same offence. Mr. Logan, Mr. Joseph Newton. and Mr. Davies deposed to seeing the vapour issuing that day from defendant's premises, and to its injurious effects. Mr. Ha t.t, acquitted the defendant on this information also, as the evidence partook more of a private than a public dis comfort. Mr. VEN ABLER said he should not press the remaining infor mations against Mr. Holmes, as he hal not evidence to carry further; but he had several more against Mr. Airey, which he moved should be adjourned,- owing to the lateness of the hour. The hearing of these cases was then, by the consent of both parties, adjourned to Friday week, at one o'clock. AN It, Lan it,L "SPIIER."—LAWYERS IN LIMBO ! !—Yester day, at the Police-office, a person named Grace, an attorney in this town, appeared before the magistrates to answer to a charge of being drunk, creating a disturbance,, and wilfully damagin g the property o f M rs L ane, pawnbroker, in Sir. Thomas's buildings, the night before, and also on et further charge of be having in a violent and disorderly manner in Bridewell, and assaulting police-officer Greaves. Miss Clarissa Powell deposed to being assistant to Mrs. Lane, pawnbroker. The night b e f ore , th e d e f en dant, and M r . J ones, solicitor, came into their shop just as they were closing it, and wanted to pawn a watch. She said they could not take it in, it was past hours, when the defendant•kicked up a great row in the shop, and she said, " I will give you in charge if you don't go away." He (the defendant) said, " You may give me in charge if you choose; we have secret use of means of settling that." She (witness) then sent a boy for an officer, and shut the door, as they were making such a noise. She told them twenty times to go away. When the defendant observed that a boy had been sent for an officer, he went to the door and vio lently wrenched the bolt off. The spring was quite a new one, and she had paid 12s. and 6(1. for it a short time before. She had efl'ered to arrange the matter, if they would pay the damage; but they had refused. Mr. Hall.—Which of the two do you complain of ? Witness.—l complain of the one named Grace. Mr. Bardswell (who appeared for the defendant) then cross examined the complainant. She was not aware of any arrange ment between Mrs. Lane and Mr. Grace, that he was to redeem a watch which had been pledged with her by some other par ties. She was not aware that a watch was pledged by a person of the name of Taith ; or that it was pledged by him in the name of Melville, and was to be redeemed by Mr. Grace. There had been no agreement at the pledging of the watch, and the watch was redeemed before they hi.d called. Mr. Hall.—What has this inquiry got to do with that ? Mr. Bardswell.—Why I scarcely understand the charge at present. Mr. Hall.—Her charge is, that damage has been done: her property. Mr. Bardswell.—Very well. Did you not lock the door and prevent this party coming out. Witness.—l did not; I t o ld th em if t h ey did n ot go peaceably we would put them in charge for keeping us in the shop. He came out with an oath, and said "he would not, that they had secret ways and means of settling that unknown to us." Mr. Bardswell.—Was it net in consequence of 'refusing to let them out that the dour was broken open? Witness.--No it was not; 'they refused to go out. We bad told them .peaceably to go. Mr. Hall.—Did vou attempt to obstruct them in going out ? Witness.—We (lid not. Mr. Hall —Thew they might have gone out, and peaceably withdrawn , the bolt Witness.—They might.. Mr. Hall.—Did they ask you to withdraw the bolt ? Witness.—They did not. • Mr. Hall.—ln what state were they Witness.—ln my opinion they were drunk. They behaved in the same manner about three months ago. Ilr. Bardswell.—Yoti 'need say nothing about that. A shop-boy of Mrs. Lane corroborated the statemeht of the previous witness. The spring bolt was neCv, and cost 12s. 6d. Mr. Bardswell.-A.must raise an objection, that the damage dries not come within the meaning of the said act;• because you will observe that the parties were locked up, which was an im prisonment of which tne parties might complain, and that in the excitement the door was burst Open. I apprehend that was a simple action of damage, and that you cannot assume a mali cious damage. The parties refused to let them out of the premises Mr. Hall.—No; they have proved the contrary. It would have been a much better thing to have settled this matter out of doors; lam sorry to see it hrought here. Even now I should recommend the parties to see her oat of court. Mr. Bardsoell.—You see, sir, cc have not a full case before us. Mr. don't know what the case may be. Mr. Bardswell.-You observe that there was some act of ar rangement, that she knew of, about redeeming a watch, about which the disturbance originated. An objection was made which brought on words, and this thing happened in conse quence. The parties themselves are as much the cause of the injury as any other person. They had no right to lock the door. Mr. Hall.—Here are two pelsons who go into a house and create a riot, and she says in a state of intoxication, and she is obliged to send for an officer. There is no law in the world which says she mould not charge. them. And she might bar the door to prevent otbers.roming io shedoes not bar it to prevent them going nut, becau se s h e sa y s th ey were perfectly at liberty to go out. But they'damage the property in the manner she has described. According to her evidence, what earthly reason was there for their adopting that course She positively swears the bolt might have been drawn.' This young woman gives her evidence very well; she.doesi not seem under any bad, feeling towards them, • • Mr. Bards Well called— cit .'" • • • Mr. Jones, who deposed thif`hu ‘ietiVirt‘iii Mr. I.tife's shop about nine o'clock the night before, vrith Graee, for the purpose of getting. sonic rooliey on it watch (al ich• witriess pro duced) that ho had redeemed the day-bi•Poio. Mt. iZO any further. Cake rtiv advi . t'o and settle this matter. l'ain sere if it had 'happened to any,portt cuter friend of mine, that 'W . tjuld' be the advic e I give him. Mr. Baremell (after conferiing.miith the defelidanf, - i'i..'ci"At?- peared to 'sew./ to a Cee tO - Mr. Hall's adVicaY said' fir, ffit: LIVERPOOL STANDARD. - 77 - '7 ; this, Mr. (race feels himself very badly' used. lie has placed 'the inaltr;r . 'in me hands, and I will take on tut self to agree to settle the Matter without their concurrence. Mr. Hall.—You have shown your good sense. (To com plainant.) You hear what the de fendant agrees to do, are you agreeable? Complainant.-011, quite, provided he paws for the damage. Mr. Bardswell.—The other case is on the same groom). I am taking it on myself that all this will he settled. There was some little disturbance from the excitement. Mr. Hall.-1 am sere the defendants could notdo better than be governed by your advice in this matter. Mr. Parkin:an,' of the Bridewell.—l have no objection to withdraw the charge if the defendant will make an apology for striking inc in Bridewell. Mr. Bardswell conferred with his client, who appeared to re fuse this offer. Mr. Bardswell then said, lam here for Mr. Grace, and I will say Mr. Grace is sorry fur what took place. Mr. Hail.—We must protect the officers when we find they are doing their duty, in every instance we can. I thiuk the offer is exceedingly fair. Mr. Bardswell—There is some extenuation. When bail was offered it was refused. Mr. should say when a man is in a state of intoxi cation it would be wrong to take bail. Flow could that re cognizance be enforced Mr. Bardswell.—lle denies that. All these matters are un pleasant. Mr. Hall.—l think Mr. Grace should apologise himself. The complainant says it will be settled if he will make an apology. He has a right to ask for it. Nothing could be more fair than the offer made, and he should say it was rather a kind offer. Well, Mr. Grace? Defendant.—l have nothing to say. Mr. Bardswellconducts my case. Mr. Hall.—You hear what is said; if you will express your regret. Defendant.—l am very sorry certainly at what took place, but I do not think it my fault. Mr. Hall.--Very well.• Go on. Police officer Greaves then deposed, that Mr. Grace was brought to Bridewell bet waen eight and nine o'clock the, night before ; and that he kept the plaCe in confusion upwards of half an hour. When they had got him hooked bail was tendered. When they wanted to take charge of the property he had on him. and take it frem him, he distrusted them and struck him. After they had brought him out of the room and put him in another room by himself, he struck him (witness) again, and he afterwards struck him a third time' on the neck and nearly knocked him down. All the blows were violent. Cross-examined.—They were in the habit o f taking`, people into custody for damage wilfully done. He knew Mr. Grace before, They would have discharged him if he would have settli'd with the lady, fie was not put into a dark room amongst felons. There was - a'emnfortable fire. He offered bail which was entered. After itavas entered, Mr. Jones refused to be an swerable for the amount. He said, "he did not consider it a proper charge." The party who sustained the injury did not appear, but the party who saw it done did. He was detained after the bail had been entered by the bail's request. He did not strike Km before the hail was taken. The bail was to call again in an hour or two to try him when he got sober. Mr. Parkinson deposed that Mr. Jones and Mr. Grace came to Bridewellatlinig with the complainant in last case. He told Mr. Grace he had better settle with her, hut he refused, and then the lady gave him in charge. Mr. Whittle was with hiM, and he told him he would take on him-self all the responsibility and see all.discharged. He refused that, and when bail was got for him he refused to avail himself of it. Both himself and his bail afterwards objected to his being released. The defend ant then forged himself up into his private office, and he was obliged to nee all his force'to get him down stairs. Such an up roar was created, that he was afraid persons would get out, and he ordered an officer to force the defendant into the first lock-up. There was such a noise in the lock-up afterwards, that he went to see what was the master, and found the defendant dancing about with the prisoners, and the place in a complete uproar. He told him he had better come outside and conduct himself like a gentleman, but he refused to do so, and, also, to give up for safety a large sum of money which he had about him. They were obliged to force the money from him. Mr. Jones had commended hint for his forbearance, under the provocation of language as low as any person could utter. Mr. Hall said; I am very sorry the matter has been brought here ; however, having been submitted to us it is our duty to deal with the case as we consider it deserves. It certainly does appear that very consider r bl e v i o l ence h as b een offered to the officer without any reason.'So far as the evidence of the officer goes, there has beeu nothing but civility shown, and yet he officer strikes the three di s ti nc t.ti mes . 'I he stun total of all that had, led.to this violence that 'Mrs. Lane's assistant bad charged him for damaging bet' mistress's property. We adjudge for the ()tannage 12s. and costs, or six days imprison ment in-thw Borough gaol,- rind 203. and costs for the assault, or in default, ten days in the Borough ga o l. The defendant.—Will you be good enough to state when the ten daya'vrill commence ? • Mr. Hall, —From the time.,,of Conviction of course. Mr. Bardswell inquired of Mr. Ellis if the defendant had the right of appeal in either case? —but` was answered iu the nega tive. The parties then endeavoured to leave the court without pay ing the fine, but were stopped by the officers, who were pro ceeding to take them - into custody, when the fine was paid. Mr. Jones then, on behalf of Mr. Grace, immediately wrote a notice of action, which he delivered then and there in court to Mr. Parkinson. EXCISE INFORNIATION.—Yesterday, at the Police-office, a man named Reynolds, was charged by the officers of Excise, with having in his possession a large quantity of smuggled tea and tobacco. Mr. Brooks appeared on behalf of the Exci se : Policeman, No. 306, d e p ose d that on the 3d of August, he was on duty in Plumb-street, between two and three o'clock in the morning. lie was induced to go into a cellar, No. 48, in the street, from information he had received. He first made a signal for his inspector, Cottam; on entering the cellar, they found a man of the naive of Owens, and a box of tobacco, and a bag full of tea. They took Owens to Bridewell, and delivered up the tea and tobacco to the proper officers. In spector eottatn, deposed that from information he had received from the man Owens, he weotao a room in Key-street, tenanted by the defendant, Reynolds, and there he found a box qUebacko.. 'wets sing 24tbs., and a bag Of - rex; Welighitik - 121 bi, Elizabeth Owens, the sister of the man Owens, deposed that she took the room for Reynolds, and that she saw him take a bag of tea theta, and some tobacco, and that she had often heard him ex press his apprehensions that the officers should search the house. Mr. Hall was of opinion that the case was proved. The Excise hail dealt very leniently with him in only going for treble the v.alue, instead of the fine of LlOO, which they might have gone for. The magistrates awarded three times the value, which made the fine amount to £29 9s. fid. EXTENSIVE EMBEZZLEMENT.—Yesterday, at the Police office, a well-dressed young man named John Craven, formerly the keeper of a public-house, near the docks, was placed before the magistrates, under a charge of being concerned in an ex tensive embezzlement of, Manchester goods. Mr. William Stanley Bent, manufacturer of Manchester, deposed to having sold in May last to -Messrs. Dufay, and Company, of Man chester, 100 pieces of four quarter ginghams of his manufac ture. On Saturday last, Mr. Hutchinson, of Manchester, sent him some samples of goods which he found to be those he had sold to Dufay, and Co., in May last, Ile made enquiries of Dufay, and Co., and found that th e goods had been stolen. The 29 pieces produced were a part of what he had sold to Ditfav, and Co. They were of a particulat pattern, and each piece eontained 30 yards. .1. Beckford, clerk to Messrs. Du fay, and Co., deposed to receiving the goods bought of Mr. Bent, and packing them in cases, which were delivered on the list of May to a carter in the emplo ) inent of Mr. Nightingale, a carrier, to be conveyed to Liverpool. They were consigned to Messrs. Penny Brothers. The pieces produced are of the same quality as those lie packed. A!exander Gilbody deposed to being clerk to Mr. Nightingale, carrier, and receiving the goods. They were forwarded to Li verpool by the boat "Swift:" Thothiti Seddon, the captain 'of the boat •' swift," deposed to delivering the goods along with the cargo at the Duke's Dock, Liverpool, on the 24th of Mar. He delivered the cargo to Chits. Meere, warehouseman of Mr. .1Y ightingale, in Liverpool. John Burns, clerk to Mr. Nightin-; gale, in LiVerpool, deposed that on tie 10th of July last appli cation \vas made fitnn -Penny Brothers for th e goods. They place all th e ir goods in a warehouse in Duke's-yard. He searched the warehouse, but could not find the four chests con taining the goods. Ile infor me d M essrs . P enny of this, and was shown the freight note. of their arrival, on the.24th of May, by Mr. Gardner. Moore, who had been their warehouseman, had left their service at the latter end of July. John Gardner, clerk to Messrs. Penny Brothers, deposed tb 'receiving ' irifor- Mation in May last that 100 pieces of ginghams had been coll.. signed to them by Dufay and Co.; of Manchester. They re ceived a freight,note of .thejr arrival on the 24th of ' May. He sent to request that they might .be warehoused. On sending for the goods on the 10th of July he was informed they, could not be .found,_ Benjamin Ilutchinson,' merchant, of Manches ter, deposed to purchasing from Henry Lord, in- Mincheiter, the 29 . piecei Of:gingham. On Friday night he sent some of the pieces as samples 0' Mr. Bent, to see if he would purchase them. Henry Lord,. merchant, of Manchester, deposed to purehasing the goods at the latter end of September last front Thos. Hague, of Manchester, end selling them o n th e 29th t o M r . H utc hi nson. Thomas Hague, cloth manufacturer, of Manchester, deposed to Purchasing 4I pieces of ginghams of Nr. Cawood, of Leeds, at Liverpool, where he hail been in the habit of meeting the pri soner,.atthe Grapes Inn. 'the prisoner showed- him some sam ples of ginghams, and wanted to sell him them. Robert Ca wood, cloth manufacturer, of Armley, near Leeds, deposed, that at the end of August last, he bartered with the prisoner for 42 pieces or check ginghams, which he sold to Mr. Hague. He -was certain the prisoner was the person from whom he got the' ginghams. Jiiiuea Sowley; one of the Manchester police, de #osedttntracing the-pieces through the various witnesses, and, accompanied by Mr. Cawood, finding the prisoner out, and taking him into custody at his lodgings. He accompanied the prisoner to a warehouse in Orford- s t ree t, W app i ng, f or hi m to find an invoice of tho goods. He could not, however, find any. and in consequence he took hint into custody. • He said he had bought them of a person named Henry. lie (witness) then went in search of Henry, and found a man named Henry Hall, of whom the prisoner said he had bought the goods. When Hall and the prisoner were together Hall denied that he bad ever sold him any gotids. 'Hall deposed to being a porter, and that he hail been in the habit of visiting a public-house at the Duke's Dock, formerly kept by the prisoner. He had been employed by Messrs. Nightingale. He never had any dealings whatever in the Way of tittying and selling with the prisoner. The prisoner declined to sav-anything. He was committed to take his trial at the sestkimi, arid the witnesses were severally bound over to appear,. A Mis'-Daat,.—The Rev. 1%1 i.r , Thant, of Govan, had just risen up in the pulpit to lead the congregation . in prayer, when a gentleman in front of the gallery took out his handkerchief to wipe the dust from his brow, letting that a pack'of cards was wrapt up in it; the whole .pack .was scattered over the breast of the gallery. Mr. T, could not resist a sarcasm, solemn as the act was in which he Was ahmit to engage. "Oh, man, man ! surely- your psalm-book . has been ill bun (bouad) I" EdiOuryh Observer. To THE. ESPEcIAL NOTICE OF THE LAHIEI.—C. emel 4. Oldridge's Balm qlCulambia. 7 -The per uliar virtues of this pre paration cempletel' removes the difficulty experienced by la dies in preserving their ringlets after exerci4e; its use so tAvi gorates the hair, that, tresses ; previously theAtraightest and most destitute of curl, rapidly acquire a vigo* which maintains in permanent ringlets the heathdress of the ufast perseYeriog votary of the ball-room, the ride,. or the prometiade. Aftei-the Miner. ale and vegetables of the Old Worldthkie been compounded in all imaginable ways"- in fruitless att M lAS to discover soimpor tant a desideratum, we are indebt e d 6 th e W este r n netnisphere for furnishing the basis of OLDI 4 IDGE'S BA LM of .C°' f LAJNIBIA, the efficacy of which in /preserving, strengthening, and renewing the hair has become 4 matter of notoriety among all civilized nations', Its restorative Virtues are indeed a pro. vet h.:and the mnst.sMisraclory atte s tations to its infallibility in reproijue;o , ,2 hair.up,:ti .persons otherwise hopelessly bald, m a y be examined at theOtrice. of the Proprieto'rs; No. 1, Wellington• street; Strand, London; - lihere the Balm is sold ; and by all . , r,pectahle •1 -I ,erfuniers and Medicine Venders in Liverpool.—? Price 3s. 6 , 1,,,. es.,. and U 5...„ per .Bottle. No other p rices are genuine. N..--the Public are requested to be on their guard against Counterfeis. Ask for Oldridge's Balm, 1, Wellington street,, Strand', London. Sold by RENNIE, Lord -street, PAR- Son.' i3Olil d -it,reet, and Wholesale by C. 111s.w uor,a,. 20, Suuth l'*.ti ) Iftiii ) .', Eilieri)ool-.• ' 4 . ,N•••• THE CHM-mu amount of the sui)Qeriptioll4 for the erertion of I.3shop Ryder's Chin ch, u raptdiy approaching El OA), M Benton, of Nee'aells, has wade the rt•ty , tonatiori of 3..).0,k) bricks, towards the erection of this sacred entfit•e. . . _ The Incorporated Soy iety fur pruiniiting the enlargement, building, and repairing of Churches and Chapels, have voted a sum of .t.:500, in aid of the proposed new Chapel of Ease, to contain 7(X) free sittings, in the town of Stroud. The subscription fiir the eroction of additional churches for the diffusion of Christian knowledge ainon a the poor, in the po pulous distri c t s o f th e me t ro p o li s an d its suburbs, at present amounts to nearly Eloo,(Xlit. The parish church of Grittleton, Wilts, has lately been con siderably enlarged, at the sole expense of the Rev. W. Borne!, the rector, at an expense exceeding Ei,ooo. CUURCH-HATE, LAMBRIM, CLOSE OF 11411 POLL : For the late 133 Against the rate .. 128 Majority for the rate .. 25 By plurality of Totes: — For the rate ..• .. .. • • • • • • .. 311 Against the rate 11.30 ill:lj,rity for the rate .. MISCELLANEOUS. Mr. Theodore Hook has accepted the Editorship of the New Monthly Magazine. The King of Naples is to be married at Trieste on the 9th of next month. There are now living at Jarriatown, a few miles from Carlisle, two men (father and son), whose united ages amount to 183 years—the father beiug 102, and the son 13. The Hon. Mrs. Norton has•been emp'oying her time in wri ting a poem in favour of the poor factory children, entitled "A voice from the Factories." The Tunnel at Primrose-hill, on the London and Birming ham Railway will be opened about the 10th January next ; the length is one thousand one hundred and five yards. The Eclipse Foot, at the next Ascot Races, will be left with the Jockey Club, and his Majesty's gift of £2ooappropriated in a manner more likely to produce sport. The Agricultural Bank of Ireland, recently run down by an extraordinary and unexpected combination against it, will re sume business on the Ist of January, having honourably paid off all its former issues. Accounts from all parts of Ireland describe the condition of the Poor as wretched to the last degree. Statements are at the same time issued that the contributions to the liebellion Rent • average £1,500 a month. The disasters of the French ships employed in cod-fishing on the coast of Iceland have been so many, and so extensive, that no fewer than 117 seamen belonging to the port of Dunkirk alone have perished duriug the season. At the last monthly meeting of the Friends at Manchester, twenty-two further resignations of members, consequent on ex isting differences in that body, were received; this twill make the whole number fifty. A pauper named Trewin, recently died nt Trevolga, Corn wall, who had receivod parochial relief for several years. His widow, on opening his box, to her gteat surprise found upwards of CIOO. • The failure of a long-established foreign house has this day been announced. The debts amount to upwards of £50,000. A calico-printing establishment has also given way.—Glusgow Chi snide, Friday. • By the 6th and 7th William IV. cap. 63. no arrears of high way rates, and composition in lieu of statute duty, due prior to the official year 1836-7, can be recovered after the 19th of March next. Junoas.—The number of persons qualified and liable to serve on juries is greater in this county than in any t)ther county of England, with the exception of Middlesex, in which the num ber is 2.581. In Lancashire it is 17,590; in Yorkshire, 14,615; in Surrey, 21,042 ; and in Cheshire, 3.660 Mr. Amos has given an opinion in answer to a case sent from the Town-council of Cambridge, in which he declares that the Vice-Chancellor has no right to licence public. houses unless ne is a Magistrate, and then only as one of the body of town Ma gistrates, having an equal voice with the others.—Cambridge paper. The Staffordshire .4dreriiser of Saturday says—" We are sorry not to he able materially to vary our rep or t to reference to the ' turn-out,' which still continues, and the privation and suffering consequent upon it are daily increasing, affecting not only those who belong to the union, but, to a greater or lees de gree, nearly all the inhabitants of the district." T._?. American papers are keeping up a fire of wit nt the marriage of a Mr. Steel with a Miss Flint, at New Hampshire. One of the papers, da%sn East, save they were married a year ago, and that, it is shameful to keep them before the public so long, as they have done nothing more than to produce one little spark. Not less than £150,000 worth of Scotch salmon is sold an nually in London, apart from what is consumed at home. Of the exact value of the myriads of oysters which are annually gobbled, or served up as sauce to sister and brother tenants of the great deep, the trade in London far exceeds that of nalmor —perhaps doubles it, or iu other words is worth £300,000 yearly. DUNGARVAN ELECTION.—it has at length been determined that Mr. J. Power, of Gurteen, step-son of Mr. Shed, M.P., is to be the ministerial caudidste for Dungarvan. The young gentleman will gust be ut age when the writ is issued. Mr. J. M. Galwey has avowed his determination to contest the borough, in which he has considerable interest. RADICAL ECONOMY.—The Cambridge Poor Law Union has advertised Tor a chaplain. Salary £4O a year! Duties—" To perform Divine service and preach in the workhouse every Sun day morning; a similar service once in the middle of every week ; to bury the dead in the workhouse burial ground, and to perform the other duties of a chaplain described in the general order of the commissioners." THE PEEL B•NQUET.—We understand that the Right Hon. Baronet will be accompanied by one of his brothers or some other relative. Sir Robert will, in all likelihood, arrive on the Monday previous to the Festival, and intends to proceed direct to Blvthswood House, which will he his temporary residence during his necessarily short visit to Scotland. The tradesmen engaged in construct►ng the Banquet Hall for the dinner to Sir Robert Peel are getting on pretty well, the whole of the side walls and part of the ratters being already up. Every part will be finished in a most substantial manner—and we have no doubt it will, when completed, exceed the expectation of the most sanguine, for neatness and tasteful elegance.—Glasgow MYSTERIOUS A FFA IR.—A family consisting of four individu als, a father. two daughters, and a mother, went to bed, in a room in the Wallace Fens, Dundee, on Monday night. On Wednesday, one of the daughters awoke, but could not awake the other members of the fatuity. She immediately procured a light, when shocking to relate, she found her lather and sister dead, and her mother dying. The mother is since dead. The daughter who awoke onWednesday morning from her protracted sleep of thirty-two hours, becoming again lethargic on Wednes day night, was removed to the Infirmary, where the proper means for her recovery were promptly and successfully applied, and we understand that she is now almost well, The circum stances attending this mysterious affair are uudergoing investi gation by the proper authorities.—Wasgow Courier, THE MISSING WHALERS.—The condition of the two ves sels belonging to Dundee, the Advice and the Thomas, as re gards provisions, has naturally enough been the subject of anxious inquiry. Repotts, too, have gone abroad to the effect that the companies to which they belting had stinted them,,Or, at least, had not prtivided for such an emergency as has occur red. 'On inquiry we find that the Thomas was provisioned at full allowance for nine months and a half front the date of her the beginning of April, and the Advice fur twelve months from the same date. Bight mouths have now elapsed, so that the condition of the Thotnas, as regards provisions, is alarming, unless the crew at an early period had been placed On Short al lowance. It is supposed that such an arrangement would be alopted in September when the prospect appeared of detention in the ice. If so, the provisions may hold out -sill May. The Advice. having originally twelve months! provisions, will be in better Circutnstances.---Dundee Advertiser.. • CitaosioNtenres.--The officers of the surVeying ships, Ad venture and Beagle, have made some very interesting observe thins on the effects produced upon chronometers by different circumstances. It has. been ascertained that temperature is the chief, if not the only cause of Marked changes of rate, and - that the ordinary. motions of a ship, such as pitching and rolling moderately, do nut affect tolerably good chronometers, which are fixed in one place, and are defended from vibration and concussion. It often happens that the air. in.port or near the land, is at a temperature very different frotn that of the open sea in the vicinity, fr',m which arises the difference sometitnes found between harbour and sea rates. A cushion, wool, hair, or any such substance, is preferable to a solid bed ; but the chronometers never go better than when the boxes are bedded in saw-dust, and the watches move freely in welt oiled jimhals. Suspending them in cots not only alters their rate, but makes them go less regularly, and, when fixed to a solid substance, . . they feel the vibrations caused by people running on the decks, b♦ shocks, or by chain cables running out. Magnetkui, al- though supposed by so►ne persons to. affect the rate of going of chronometers. is yet very difficult to detect.—Athenaum. ANNUAL VAl,ce OF AGnIctli.TuRAL PRODUCE.—We have . already seen that the yearly.yalue of the whole., agricultural pro "duce of England &Wales inav'be estimated about£l32,ooo,ooo, j and that of Scotland at about £23.000,000, making a gross sum of £155,000,000. Now, dedueting from this amount £12,000,000 for the value of the seed, and the sums required to keep up• th e stock of horses, tic., we have the sum of £143,000,000, as refire ' sewing the entire value of the various articles of agricultural produce annually consumed by man. At present (183(i) the population of.Preat Britain may be taken et nearly 18,000,(0), which, consequently, gives (14A-18ths) XS, very nearly, for the average annual consumption of each individual; and it seems to be the concurrent opinion of those best entitled to decide as to such subjects, that this average is not very wide of the mark We have estimated the value of the entire annual produce of the land of Ireland at £55,500,000; but we have since been assured by gentlemen intimately acquainted with thd:Stitt e of that country, and on whose judgement we are disposed place much reliance, that this estimate is above the mark, and that the an neal value of the agricultural produce of Ireland does not ex ceed £15,000,000. Now, if we deduct from this L 6,000,000 :for the value of seed, and of the sums required to replace horses, &c., and £3,500.(X)0 for the values remitted in the shape of rent, &c., to absentee proprietors, we have £35,500.000 to be distri buted among the resident population ; which as the latter. may lie taken atabout.,7sQo,(XX'. gives hearty 3.1 to each,-.: 4 lf'Cii/- loch's Statistical Account of the Waists Empire. • CounAGE 6 Os CONDUCT OF A MAGISTRATE,--On Monday morning, a large concourse of people assembled in a field at Mellor, in White Hamlet, where a pitched battle was appointed to come off, but the circumstances coining to the knowledge of mr. H. Medfield, a Magistrate, :he party were dispersed. The !nob, about 500 in number, then adjourned to hawk-green, near maple,. wh en ' Mr . R. Simpson, of Melton lodge, one of our Magistrates, was sent for. This gentleman quickly mounted his nag, rode amongst and dispersed them. The conibatants not having time to dress, took different directions, and Mr. Simpson followed o ne of them, AbrahaM Barber, over hedge and. ditch, for nearly a mile, when the man falling, he immediately closed on him and put a handcuff on one wri s t. As sir. Simpson was conducting his prisoner, he was met by a mob of ZA) men, armed with bludgeons, who demanded that he should imme diately given!) Barber, or they would force him, at the same time using the most horrid oaths and threats towards him. Mr. • • Simpson told them he wain Magistrate, and dared them to at tempt to use violence to him; on which one man offered to strike him with his•bledgeon. Simpson forced his prisoner through tlpin, and took him into Mr. Eccles's house, where the mob increased and tin eatcued to pull down the place. The man was pUt into the stable, and Mr. Eccles went out to remonstrate with the fellows, but was received with blows and imprecations. 'So violent (lid the mob becoMe, that the inhabitants were obliged to use fire-arms in their own defence,. A party of constables was *cured, and Barber, an Irishman named Murray, and Hellen, the ringleaders, were apprehended and taken ander a guard to Stockport, where they were examined-and committed • to prison for re-examination.—fftoekport Advertiser. /lira ESEX.--It is the intention of the retortners of Middlt sex io gp,e a gratni 'lmmo, either at Di-my-lane or at the English Oiiera-house. to tbeil• steiitileh Menibeis, Messrs. Flume and By ng. . . At the Tredegar iren-warks, on Tuesday, the shed tinder which the boiler!makeri; no, k, was completely destroyed by lightning. A !mast tuiracuiodsly; not one of 20 workmen labour log under it ut the time received even the slightest injury.— Met th yr Guurd,an. The Dundee Courier of Wednesday, states :—" We regret to state, that it is fearea the brig Dundee, of this port, Captain Davidson, from Memel to London, has met with a similar fate to the Clansthan. Smite articles belonging to her have been, washed ashore on the coast of Holland, and from her not hav ing arrived at her destined port, it is apprehended that she has been lost during some of the recent ;,aies." Nest year a fair trial of the English and Scottish greyhounds, may be expected, as Lord Eglington has declared his intention to challenge any seven greyhounds bred in England with seven greyhounds bred in &ottani!, one !Mildred soverei;.-.7tis each dog. each brace of dogs to be tried the best of three runs, and five hundred sovereigns the main. The match to comae off in No vember next, somewhere in England.—GfOsyme Courier. Buell na La FLANNEL MAF:KET, oxiia a . , Dec. 2C.—Thea market to-day has b een extreme l y d u !! and thinly attended; and very little business of any kind has been done. From. Christmas day to the new market (which is always the first Monday after the sixth d - of January) business is almost at a stand here. For wool higher prices have been generally asked. to-day, and parbaps som e s i x or t en s hilli ngs more per pac k have been given for skin wool. A NEW VELnIGPEDE —We learn from the Philadelphia Cen iinel, that one muddy day at the beginning of November, a huge portly gentleman, having got into a,New York omnibus, the flooring suddenly gave way beneath him, and with his head and shoulderl in the omnibus, and his legs and feet in the mud, he was constrained to run a considerable distance before the buss could be pulled up. He now goes by the name of the "The New Telucipede." A recent letter from Grenada states, that several hundreds of captured Africans have lately been imported into that island who have been apprenticed out for three years, some in town - , but inost,of them in the country. It is supposed they have been brought from the American settienients on the Western Coast of Africa. We could wish to know, by. whom these Negroes were captured, and with what view ? And whether such im portation is not equivalent to the slave trade, although under another name. RecnumeG.--We understand that orders have been issued by the commander-in-chief to the several reeiments of the line, that on all future occasions recruits will-be admitted of the sta ture of five feet six inches, being a diminution of one inch from the present standard. With regard to the household infantry, the royeil artillery, and the cavalry, the standard Of height is to remain unchan ge d— v i z., fi ve f eet e i g h t inches for the two for mer. and six feet for the latter. MINERAL 'fa tLow.—Specirheni of this substance were lately, found in a bog on the herders of Loch Fyne. This curious mi neral was first observed hy somepeasants on the coast of Fin land in 17W; afterwards it was found in one of the Swedish lakes. A similar substance was found at Strasburg by Dr. Her man, and in this ciuutry he Professor Jameson. It has the colour, end feel, and taste of tallow, but Without smell. It is as volatile and combustible as any of the volatile oils or naphtha. On Thursday night, a ball was given at the Lowther Rooms. in King William-sfreet Strand, by a party of ladies and gentiemen of the Jewish persuasion. Several ladies proceeded to the rooms in the hackney-coach No. let'-1, taking with them, in a brown paper pat eel, diamonds and other jewellery of the value of near 1:2,0W. In their hurry, the whole of the party forgot the parcel until nearly half an hour afterwards. Not one of the ladies knew the coachman, the number of the coach, or even the colour of it, and their consternation at their loss was, as may be well imaeined, extreme.. The coachman, on returning to his stand in Trafalgar-square, opened his vehicle. and discovered the precious parcel. On ascertaining the very valuable nature of its contents, he immediately proceeded to the house from whence he had conveyed the ladies, and to their great gratification returned the property. NiGHTINGALES.—M. Alerveaux has communicated to the French Academy of Sciences a curiuue circumstance respect ' ing some nightingaies in his garden. They had built their nest in the lower part of a hedge, when some water in the neigh bunrhond rose with such impetuosity as to inundate the garden. Mer%eaux watched the nightingales with some anxiety, and one day, when the water had reached to within six paces of the nest, he only perceived two eggs. He at first thought that the nest had been abandoned, hut coining to it very soots after, he only saw one, and waited this time to see the result. He was much astonished to behold the last egg disappear with the birds, who, flying cautiously, but rapidly, carried it to a pew nest, a t the highest part of the hedge, where he saw all four eggs de posited in safety; and where they were afterwards hatched. He could not ascertain how the parent birds carried these eggs. Hoax.—Some mischeivous wag has played °lithe fi wing trick at Glocester, which has created much merritnen .n that city. About six o'clock on Monday evening, a person passing through the Fox Entry found a brown raper parcel. A young man behind him called out " halves." They proceeded to open it, when they discovered a packet inside, endorsed " To John. Chadhorn, they James \\Toed, Esqr.'s codicil." The lucky finders were in ecstacies. With the visions of the £20,000 re ward before their eyes, they started off to Mr. Chad born, who received them most courteously; but, wishing that a ll d ue formalities should be compli e d with, he sent to several alder men and town-councillors to he present at the opening of the packet. Fold of paper after fold were duly unrolled amidst the most contending feelings of hope, fear, and breathless anxiety. It cannot be expected that we should paint the last scene of this eventful inquiry when out tumbled a piece of dirty oil-cloth. which the wag had enclosed in order to create a sensation in the city, in which he succeded to his heart's coutent. SINGULAR CIRCUUSTANCE.—The ship Persian, Commander Hopkings, for Sydney, New South \Vales, which encountered the hurricane on Tuesday, the 29th ult., in the Downs, and which induced , tne captain to cut away the masts, as the only means of saving the ship, cargo, and emigrants, has returned, and has, been hauled into the W.ast India Docks, to undergo the neces sary repairs. The following singular circumstance occurred on board the ship whilst lying in the Downs during the gale:— A few minutes before the cominencement of the hurricane, a fine Newfoundland dog, which had been pursuing his gambols, on the deck, suddenly commenced running furiously from one end of the ship to the other, foaming at the mouth, and exhibit ing all the symptoms of hydrophobia, when stone of the crew,. becoming alarmed, betoule . thein aloft for safety ; the animal then descended below, where there were several passengers, and ran through every part of the ship in the same violent manner,. but, fortureitely, without doing any injury. The captain, in the meantime, ordered the chief mate to f tliow the dog and destroy it. The animal, again, suddenly made his appearance on the dock, and. bounding towards the stern of the vessel, where a boat is usually attached, leaded into it, gazed for a moment, plunged into the foaming waves, and was seen no more.—Car out,ian. THE LAND TAX.—The county of Middlesex, the real pro; petty in which is stated at £5,595,637. per annum, pays £236,246, or about 10d. in the pound; while in Lancaster it is £3,087,774; and the land t4x. only £19,109, or about lid in the pound. The, great county of York pays about 41d, while Bedford is near is 84 in the pound. The little county of Rutland pays about, 10d, Buckingham, Is 51d, while Cumberland is left off for 11d. Stafford pays 50, and Hampshire about the same value,. is mulcted in I la, or just double. The large county of Nor thumberland is let off for 21 , 1, and Sussex is charged with Is 3,143, Hereford Is 6d, Westmorland 21d. The inequalities among the towns are still greater:—The small parish of St. Paul, Co vent Garden, pays 2s 4d in the pound, and Nlarylebone only a farthing. The city of London near Is Gd. The town of Liver pool does not pay one-tenth of a penny. Manchester contri butes not exceeding 2d. City of Norwich the enormous rate of 2s Id. Brighton not more than Exeter city, Is 5. Leicester 2{l. Cambridge is 9d. L ancaster id . O x f or d 2s 3d. Berwick 11. Gloucester is 7d. D over 7d. B ury 3 s old . Har wich 7d. Winchester Is 5.1. Southampton 31d. Kiddermin ster £1 Os O}d. Tewkesbury 4d.. Winchelsea 3s Id. Bath lid.. Leeds 211. Southwark 11d.— The, Land Tax ; iis 0 igin, Pro gress end Inequality. ASCENT TO TUE TOP or THE PEAK OF TENERIPPE.--A paper WaS read at a recent meeting of the Geographical Society giving an account of a spirited asi:ent to the top of the Peak of Teneriffe, by Mr. Leacock, of 11Iadeira. The ascent was ac complished in cue day, and that in the depth of winter—an ex ploit without parallel. Our adventurous countrymen arrived at They were extremely e he of November. d l e 'e s n ir e o r u iff s e of in as t c h e e nd m in ic g ldl t peak, tint were assured by everybody that it was quite out of the question at that season of the year, and that it would-be madness to attempt it. Being cleterratned, at a n e vents, to go as. far as they could, they hired horses, and told the mein that they intended to go only part of the way, as far as they could conveniently. The guide would not listen to the idea of going to the top; Mr. Leacock and Mr. Veitch, therefore, made their arrangements quietly, aad started from Oratava about half-past four in the morning of the 28th of Noy., and arrived at the Ptimeira Estattga between nine and ten. The peak here rises abruptly from an immense plain of pumice stone; the sight was beautiful—the day was remarkably fine, and the sun was shining hrtghtly on the snow on the top of the peak. The travellers asked the guide if he would go with them, but he refused, and said he would not for all the world ; money was offered him, but he still .refused. They• put or; some ad ditional clothes:without being observed, and then role on la fast - as they could, which was only a walk after all, and left the . rnenlehnid. They rode the horses up the ascent till they could go up further, and .then dismounted, leaving the horses to them selves. As Mr..Leacock and Mr. Veitct, had na guide, they went straight up the face of the peak, and got to the top be tween twelVe and one o'clock; they climbed on the highest p o i nt , and gave• three cheers; in the act of which a stronger gust of wind than usual carried away Mr. L.'s cap in the air, and be saw no more of it. They descended into thecrater, collected specimens of the scoriae, and of the sulphur, which was quite hot, and then made the best of their way down, and reached Oratava again, between seven and eight o'clock the same day.—Literary Gazette. A TRUE Sporty . — An elderly gentleman, of retired habits and plain address, took up his abode some years ago at a small inn in a remote part of the most Milesian counties of Ireland. He brought no servant to publish his affairs, and his travelling. supeller indicated nothing of more than ordinary means. The Mllesian squires were hospitable, after their fashion; that is, they entertained the militia offic ers and dashi ng tour i sts, until .. all their nieces and daughters were married off; and if $ stranger of any distinction or supposed wealth came among them he was sure of good entertainment, and an' offer of a foundered' horse at full price. The pedestrian sojourner ,f whom we speak, however, possessed none of the talismans which awaken Irish hospitality, and he wits permitted, dining several weeks of. his abode, to creep about the roads—he had a hint not to tres pass upon the fields—as onregarded as the curate himself, , though the latter had nine children, and was, moreover, a heretic. One morning, however, introdued a smart gig, car rying the gay person of a smirking lawyer, and the gig was followed at a distance by two post•cha Iles !rpm the nearest town,. filled with surveyors and surveyors' men, and surveyors' instill tricots. More vehicles of various kinds followed, bri ng i ng bales of parchment and black tin box.s wittiout end. 'ib is truth soon escaped; th'e despised eldenly gentfemen turned out to be a returned Indian of enormous wealth, who had purchased the whole surrounding countr y frotn.a..broken•d o W ti lord, and,- pour arroadhiser,.;haii flout fit a waggon ,load of f Mortgages upon the estates of the neighbouring squir-eF. The Poor 1,4 , e oil emen were thunder,struCk. Flow were, they ruzirain, and, what . Was : t o atone. for their con- - • ' e general mortgagee? temptuous neglect a. the DeVi . local A meetin g was held worse, peettapa, th . , . had been; suflicient!y softened li , /, 6impliments . . the nabob was, invited ,to the club dinner, Mkt, aftetit was sup- ,hist hobbling apology was offered' ter the posed that he that he had experiene-d in a Coutitrv . sty . - • famed for hospitality, d . pc.t all that. - Cs'entle;Men," calrolv re-: u a n nd ite w co iri ti c h , ta a b .c i :ri n e z t le ell t plied the thonghtfol, senior, " you owe• roe no apology, If j .s• have lost the oppull4Uiti of. your conversation; ycit has 4 Mo., frited the-opportunity o mine; and from the sample. I hereg:. -, had this evening, 1 thibk; without vanity I may se" it, the, ' greater toss has been on y our s id e . F or t h e rest, 4 must ' try to snake a neighbourtuAl for myself that will afford me something more of profit than I can hope te reap in social communication. witb you: You will . please t-o direct your future communications. to - the_ gentleman whom I have .appointed to act is aryl/ter:aid and my lawyer."--44 . .faries's Ciiron`iige. '' ';511,4 , I sty me all no