The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1855-07-10 00:00:00

YESTERDAY.

ARE CASINOS A " NUISANCE ?"—CVECEOD v. SMITH.—III
this case, John Henry Curchod, proprietor of the Queen's Hotel,
Lime-street, was plantiff, and Edward Smith, of No. 11, New-
ington, dancing-room proprietor, defendant. The claim was
for £5O, " for damages caused by a nuisance to the plantiff as
an hotel-keeper, by the defendant having kept a casino, and
having had music and dancing and assemblages of prostitutes
adjoining the plantiff's hotel for the last six months." The
damages were laid at £5O.

Mr. Aspinall, instructed by Mr. Snowball, appeared for the
plantiff, and Mr. Hime for the defendant.
Mr. Aspinall, in opening the case, stated, that the plantiff
paid £5OO per year for the building which heoriginally occupied
and £l6O per year for part of the adjoining building which he
also occupied, the defendant occupying the other part. The
hotel was immediately contiguous to the railway station, and
therefore in an eligible §ituation for business. Some little
time ago, a large building was erected adjoining the original
hotel, which the public were told was to be a freemason's hall—
o great ceremony was gone through, and the first stone was
laid by one of the most moral and religious men in Liverpool,
the then Mayor, who would, he (Mr. Aspinall) thought, have
been very much shocked,if he had known what use the building
was to be put to. Something afterwards occurred by which
its original purpose, as a freemason's hall, was diverted. Mr.
Curchod had still the lower room of the new building, which
was, perhaps, the largest coffee-room in England, divided into
two parts, by a large staircase which led from the outside to
the story above, which was the dancing room. Mr. Curchod
at first occupied the whole of the new building, but after a
time he ceased to occupy the middle room, and continued to
be the tenant of the lower story, and also the bed-rooms
above. He left the intermediate room in the hands of the
landlord, who let it to a Mr. Woodhead for £l6O a year, for
an exhibition of anatomical figures. That did not pay, and
the landlord made an arrangement with the present defendant,
who kept casinos in more places than one. It was now fre-
quented by prostitutes and persons of the lowest character,
and these assemblages were a complete nuisance, inasmuch
as they took place immediately contiguous to the chief en,-
trance to the plaintiff's house. The dancing and noise were
complained of most seriously, and would probably have been
in some degree whatever the character of the persons was
who assembeled there for the purpose of dancing. The up-
roarious noise was most intolerable in the hotel, and had made
it impossible for plantiff to carry on his business, which must
be against the law, for no person could be allowed to tarry on
his business in such a manner as to injure his neighbours.
The coffee-room had been rendered perfectly useless at night,
the lamps were frequently broken, and a great portion of the
ceiling had been shaken entirely away. Then the bed-rooms
adove the dancing-room were also rendered perfectly untena-
ble from the terrible noise going on underneath; the same
nuisance applied mare or less to the original rooms which Mr.
Curchod occupied in the hotel itself. In fad, the nuisance
was such, that if it could not be abated, the plantiff might,
perhaps, have to shut up his house altogether.
Mr. Hime,-on behalf of the defendant, took objection to Mr.
Aspinall arguing that the plantiff had been injured in his
business, on the ground that the action was only stated to be
for a nuisance, and not for compensation far loss or damage.
His Honour seemed at first inclined 'to allow Mr. Aspinall
to amend the wording of his summons,hut after a legal argu-
ment, it'was determined that the ease should proceed on the
question as to the nuisance atone,
Mr. Henry Curchod, the plaintiff,,was then called, and stated
that the paid at the present time ,kBOO per annum for the
'entire premises that he occupied. He formerly also c ccupied
the room in which the nuisance eemplained of took place,and
paid his landlord £l5O per annum rent, and one-third of•any
profits he might make by letting it for exhibition purposes.
Hehad twelve bed rooms and four dressing rooms over the
dancing room kept by the defendant, and a coffee room under
.It. He had laid out £l5OO in furnishing and fitting ,np those
''rooms. The defendant had told him that he paid '2EOO per
annum for the room he ,occupied. In summer., the 'dancing
e.sually commenced about half-past nine o'clock, andin winter
-about eight o'clock. He' found 70 or 80 persons, in the
woom one night, about three months ago, when he went to
-complain to Mr. Smith *beat the plaster falling. He thought
about 100 persons would- attend there each night. He could
not use his bed rooms andzoffee room whale thedancing was
going on. He had seen Mr. Smith on the matter, and told
him he should be ,obliged to 'proct,ed against him ton account
of the nuisance. Mr. Smith replied brat, if hetil, he would
drive him (plaintiff) to London.
On being cross-eximined by Mr. Hime, the plaintiff ad-
mitted that be had a paled knowledge, 'when'Mr. Smith took
the room, for what :purpose it was to he ,ocettpiel. He also
once entertaineda proposition that he plaintiff) should supply
refreshments to thcroom, and havea communication re-opened
with his house; .and admitted that he placed .a counter in it,
and lent Mr. Smith a number of chairs. He had had an inter-
view with Mr. Mdorhouse, of London, theowner of the build-
ing, on the matter, and the latter wished(him to give up all
the bed rooms over the casino. He had offered to do that, if
Mr. Moorlsouse-would pay him what he hid laid out on them.
Nothing came °Mlle offer. He had also offered to sell the de-
fendant 100 .chairs at 48. each, which was slot accepted, but
that was not the reason why lie had 'brought this action
against him.

-Mr.John Westmoreland, joiner andbuilder, was next called,
and stated that:he was employed by the,plantiff about two or
three manthsrago to take up the floors of the bed-room imme-
diately over .the dancing-ro6M, .and .ptt down fifty bags of
sawdust and•bags of ashes, under theiloeting, with a view of
deadening -the :sound of the music. fit had not, however.,
answered. . . _

Mrs. Stocklran; plaintiff's housekeeper, proved that, for the
last ten weeksi-che had occiaPied one of the bed-rooms over
the saloon, and it was quite impossible to get any• rest while
the dancing was going on, which was usually the ease till
twelve o'clock and after.

Catherine Maeguire, one of the chambermaids, also gave
similar testimony.

Henry Murphy, Inspector of Police; dep..ed that he visited
uje 11-'ll '"•l444th and 19th of April, and kinna
forty women of the town, and several gentlemen there.
Music and dancing were going on. He was there again on
the 23rd and' ALis of April, and found about the same number
there. These visits were made at ten, eleven, and up to
twelve o'clock; at which hour theplace was generally closed.
He never found it open after twelve. He spoke to Mr. Smith,
and told him what kind of characters the women were, and
that complaints had been made, and proceedings would be
taken against 'him. Defendant replied, " Let them try:: I
am prepared. 3 know the man next door is complaining
against use, but it is all because I would not purchase the 100
chairs from.hins. He knew that respectable men's wives and
sisters will not .come, but the women who come conduct
themselves ropirly, and Ido all I can to keep the place
respectable.' • George Philip Woolfei a waiter, proved that
gentlemen would not remain in the coffee-room after the
dancing began.
Mr. Duckworth, architect of the Asuilding, deposed that he
advised lir. Curchod to place the .sav-dust bags under the
bed-room floor,: on account of the noise. Inspector O'Brien
gave evidence similar to that of Lnspector Murphy.
Mr. Mune then,on behalf of the defendant, submitted that
there was no,case, no damage being named in the summons,
and no specialdamTe shown. He argued that it was not an-
lawful to have antssie and dancing, and-lhat not a tittle of evi-
dence had been given on the score of immorality.
His Honour thought there was nothing proved as to the
nuisance being caused by prostitutes inside the rooms. The
same number of decent young women andyoung men dancing
there might have made the same noise. The defendant was
Mot liable for any .noise they might make<outside of his pre-
'raises. _ _ . _ .

In the course of the .ease, Mr:Aspinall referred to the case
bf " Van Sauitarf yv.l3alield," in which an action was laid
for a nuisance caused toy the ringing. of 'wells, at untimely
#►gars, at a RoMich•Convent at Clapham, London.

Honour neferred•to this and severalother relevant cases,
in ,one of which a boiler maker in this town was sued for a
nuisance, and read ,cases to prove that a person could recover
where a neighbour's dog caused an annoyance either by day or
by akght.
After the evidence had heen .gone through, and the legal
arguments concluded, his Honour. said the case was too im-
portant to be hastily deci43d upon. If he . was prepared to
hold that the proprietor. of the. Queen's Hotel was entitled to
recover at all, he thought it would be merely a nominal
damage any rate. He thought Mr. Aspinall had better
amend his information, and-c,laim for only four months. It
was quit' e.clear that he could.not recover for six months. He
. thought the term Casino, as .applied to the dauoing-room in
the present case, was misapplied; and that, whether it was
frequentedsby persons of goodcharacter or not was of no im-
portance. Ile question was, could, any man so use his house
for music and dancing, to the injury of his neighbour, without
rendering himself liable to an action ? On that question he
would give his judgment on the g4th instant.
WHO SHALL DECIDE WHEN .(FLOILSE) DOCTOH2 DIS-
.A.OHEE ?—PARRY v. CLARlCE.—This,was a question of horse-
warranty. Plaintiff, a car-driver, bought from defendant a
bay mare, for which he paid £9. She was warranted to be
" sound, a good feeder, and a good worker." Plaintiff, on
purchasing her, norticed that she was a•little lame in the•off-
fore-foot ; but he was assured that it was "nothing at all."
He took the mare .to Chester on one of the race-days, and
found her speedily " knocked up." He put a feed of oath
before ,her, but she would not touch it. A veterinary surgeon
afterwards examined her, and found that she had the glanders
and phercy. Plaintiff, therefore, wanted defendant to take
her back again, but he would not. Plaintiff then procured a
certificate from a veterinary surgeon that she was incurable,
and dangerous to keep, and, having sent previous notice to
the defendant, had her destroyed. Defendant alleged that he
had a veterinary surgeon's opinion that the horse was quite
whole.; butane of his own witnesses, a coachman, admitted
that he had remonstrated with his master for taking the mare
back from Messrs. Busby, to whom he had sold her previous
to the plaintilf,:and who returned her into his hands after
keeping her two or three days, because she was too slow. He
thought she might have contracted the disease while in their
stables. His Honour said he thought the plaintiff had
proved his ease; but he adjourned his judgment until the next
Court in this month.

BIRTH.—On the Bth inst., the wife of Mr. John Lindsay, of
Upper Parliament-street, of a daughter.
BANKRUPTCY COURT, YESTERDAY.--Mr. Williams, late a
tailor and draper, in James-street, opposite •St. Geoige's Church,
came up before Commissioner Perry on his last examination.
The case was adjourned for a month, in order that an amend-
ed balance sheet might be filed.
RE GEORGE CLAus.—On Saturday, at the Liverpool
Bankruptcy Court, before Mr. Commissioner Stevenson, Mr.
George Claus, of Crosby, a bankrupt, came up for judgment
on the question of an act of contempt towards the court, in
having torn up a search-warrant issued by his Honour. The
Commissioner, taking into consideration the state of excite-
ment in which the bankrupt was in at the time, the ample
apology he had offered, and the contrition he had expressed,
thought the justice of the case might be satisfied by directing
that the bankrupt be detained in the custoey of the messenger
until the rising of the court that day.
ASSAULTING A POLICE-OFFICER.-At the Police-court, on
Saturday, John Evans, and John, his son, living in a court in
Haigh-street, were charged with assaulting police-constable
139. On the previous evening the officer hearing a great dis-
turbance in the prisoners' house went in, and perceiving a
quarrel, was about to take the younger one into custody, when
the old one attempted a rescue. Another officer then came
in, and a struggle ensued, in the course of which 139 was
struck a severe blow on the head with a poker. It was pleaded
in mitigation of the father's offence, that an excess of paternal
feeling had urged him to commit an offence of which he would
not otherwise have been guilty. The old man was dischargede
but the younger was fined £5, or to be committed for thre,
months,

003fMERCIAL and MONETARY NEWS.

MONDAY NIGHT.

LITTLE has occurred during the week to dis-
turb the quietude, or rather stagnation, which has
prevailed ; and, notwithstand'ng the few accounts
from the Crimea since the repulse of the 18th of June,
the demand for investments on the part of the public
has served to keep up the price of the Public Funds
at a time when circumstances might have otherwise
had a depressing effect. There is the new French
loan of £30,000,000, which has just received the
sanction of the French Chambers ; and the French
Government has also consented to guarantee a Turkish
loan of £5,000,000. Money is, howevei, abundant,
and the rate of discount on first-class paper is still
below the minimum rate fixed by the Bank of England.
The returns on Friday show a decrease in "the stock of
Bullion to the extent of £150,451 as compared with
the previous week, and a diminution of the reserve of
unemployed Notes to the amount of £747,785, arising
from an increase of discounts, as shown in the aug-
mentation of " other securities," by £643,486, and the
increase of Notes in circulation, £623,420. Foreign
Exchanges are, on the whole, favourable, though Gold,
in moderate quantities, continues to be sent to Paris.
The arrivals of specie during the week have been
large, but are more than balanced by the exports. The
total imports amount to nearly £450,000, and the
shipments are estimated at about £700,000, of which
£5OO was in silver. The gold by the last vessels from
Australia having been deliverable at once, some por-
tion has found its way into the Bank ; but, had the
delivery been spread over four or five days, the pro-
bability is that all would have been sent abroad.
The shipping returns of the Board of Trade for the
month ending the 31st of May have been issued, and
exhibit a large increase in the general employment of
foreign vessels :---

ENTERED INWARD.
1854. 1855.
British vessels ......... ...... 407,416 403,071
Foreign ditto
CLEARED OUTWARD.
British vessels
Foreign ditto
With regard to the coasting trade, the tonnage
entered inward, in 1854, was 1,126,381 and in the
present return it is 1,078,467. The cle;arances out-
ward were 1,141,877 tons in 1854, ,and 1,176,022 in
1855..

Returns printed on Wednesday 4icre an account of
the imports and exports of iron `in the years 1853 and
1854. The quantities of foreign ',iron imported into.
the` nited Kingdom in :1854 wereas follows,namelyz—
Troia ore, 851 tons ' - chromate. of:iron, 2,670 tons ; pig
iron, 898 tons ; bar iron, unwrought, 41,745 tons:;
?iron wire, 70 tons; iron bloom; "762 tons ; iron slit or
hammered into rods, 53 tons:- old, broken, and cast
iron; 751 tons ; iron hoops, 26 ions ; cast iron, 52 tans;
unwrought steel, I,4oB•tons-; steel scrap, 226 tons.,,;
wrought iron and steel 'manufacturers, 15,458 ,tons
and fancy ornamental artieles of iron and steel, 323
tons. The quantity of foreign iron exported was 27
tons of chromite of iron, 4,351 tons of irontin bars,
unwrought, 3,340' tons of unwrought steel, .and '3,810
tons of iron 'and steel !machinery and manufacturers.
The quantity of 'British iron exported in 1864 was as
follows, namely :-393,432 tons of pig iron, '604,662
tons of bar 'iron, ',2,055 tons of belt and 'rod iron,
69,438 tons of , cast iron, 7,937 thus of 'iron wire,
26,084 tons of anchors and grapnels, .30,709 tons of
hoops, 8;141' tons of nails, 111,249 tons•Of ether sorts
(exeeoptordnance),ll2,242 tons of:old iron,sand 20,793
tons of unwrought steel The quantity of British
lhardware and ‘:eutlery exported from the United
•Kingdomin 1854 amounted to 22,054rt0n5, and the
declared value to 23,867,598. In 1864 the quantity
was 32,375 ions, and the value was 23;665,051.
The Keturnfrom the Bank <if England for the week
ending the 30th of June gives thefellewing results,
when compared with the previous .week:—

Public Deposits ... £6:146,999 ; Decrease ... £339,689
Other bepotits 13,47449 ; Increase ... 210,279
Rest ... 3,140r67; Increase ... 13,788
lan the oche; side of the account:—
Governmtut Securities £l93B96,ooB;tinchanged.
Other Securities 13,497,443; Increase ... 643,486
Notes. unemployed
The: amount of notes in circulation is £20,165,545,
being an increase of £623,420, and the stock tf
bullion'in both departments is-218;018,575, showing
a decrease of £150,451„ when - compared with the
;preceding return.

ISBrE TITTA.RMSBNT.

Notesinned £34305,00 Governrnt. Debt £11,015,100
•Other-Soeurities 2,384,900
Gold coin & bu11'n.17,305,070
'Silver
f.:51,805;M Z31,30i,070
BANKING DEPARTMENT.

Prop:Zapital £14,Z153-,000 Gov. Securities.. £12,896,068
litatc !:140;06.7
_(:1/4TT:e2: Seturities
1.17.,z0
10ther Deposits 13,437749 Gold&—Silver Coin 713,505
'7►day., other bills 971m6

E38,246M1

£38;244,541

Our SHARE MARIET has -continued to 'droop- all
me-ek, and prices to-day are ,quoted lower than for
.some time past. London and North-Western have
declined to par ; Midland to .Leeds tcr 81 e. Ad-
'verse 'rumours of coming reports:are the cause cif this
depression, As far -as we can' learn, however, Ithese
,proceed from interested daemons, and are circulated to
.benefit their speculative-operations. We are informed
on good authority., that'the London will pay its casual
dividend, and issue s -very satisfactory report. The
:Midimad will certainly 'net pay less than at the same
time last year ; and there are those who think that
'they 'can, and will pay an. increase ,of an eighth or
,quarter per cent., seeing they could have paid
premium at Christmas, :but did not. The Leeds
will -pay 4 as before. -The traffic ?reports for the
:half-year past are generally favourable. The London
.has -earned £29 per Tale more than in 1854;
£163 more than in 1853. The , reports of our local
-companies are also generally good. It is said Unit
the 'Royal Insurance Company- will inerease its, divi-
dend 'to ss. per share. 'We snnex. the -:prices of this
day's Imsiness)k the market closes with an - improv-
ing Appearance :A-Ambergate and .astern. Junction,
4 3-16:; Caledonians, 31+ ; East Lancashire, 191;
Lancashire and Yorkshire, 81141 ; Liverpool, Crosby,
and ..Southport, 131 ; London Stock, 1001, 100.2 ;
Sheffield Stock, 241 ge ; Midland Stock, ZI 2 1
North 'British, 7 7-16 ; South Eastern, 113 7-16 2_;
Bristol and Birmingham pref. 42 per cent., lc ;
Liverpool and London Fire and Life Insurance,. 61p
COITON..—The market during ;the week ims been
steady, priees having given way about id. for middling.
The trade is now well supplied, and the demand for
goods being slack, there is a disinclination to operate
until the.probabilities of the future can be more clearly
ascertained. The sales for the week, up to Friday,
amounted-to 4,5,410 bales, of which .11,180 were taken
on speculation, and 2,330 for export, leaving 31,300
for the trade. TO-DAY, there was a.very slow market,
the sales being only 4,000 bales, :including 400 on
speculation and for export, but prices remain unaltered.
The following is a comparison of present rates with
those of the corresponding period last

New Orleans,.middling
, fair ......
Upland, middling ......
„ fair .....

1854 1855
6 7-16
• 6-1

i SALES.
-.-- IMPORTS. STOCK
r- A. —7, r—A.-____, —.
OrECRIPTION. PRICES. Week 1 Previ- Week This
ending' ously ending July 6
Year. --*
Jay 6.,thisyr. July 6.
-- --
Sea Island
Stained
Boweds
Nubile
gew Orleans 44 84 19790, 744650
Pernams,&c 7 8 540 28270 1902 34709 18280
Bahia, &c.
Maranham 64 74 520 30130 .... 14026 14840
Demerara,&c — .... 118 30
Egyptian, 6 94 1680 72330 2137 48788 58540
Com.W.l..Bze 64 590 4380, .... 1896 350
Surat ...,
Madras
Bengal — .... 1710 „.. .• • . 1030
, -- -- -- ---
I 45410 1849540 52877 1321955'605590

PsonucE.---Sugar, for refining purposes, has com-
manded higher prices, but business, owing to short
supplies, is limited. In Coffee little doing.. Tea very
inactive. Rice neglected. Rum without spirit. Palm
Oil in good demand. Tallow in fair request at 53s to
54s for Petersburg Y,C. TO-DAY, there has been a
good inquiry for Sugar, particularly for refining
descriptions, and full prices have been realised ; in-
cluding Saturday's business, the sales comprise 200
hhds. Antigua at 355. to 375. 6d., 20 hhds. Porto Rico
at 38s. 9d., 10,000 mats Mauritius, to arrive, at 365.
from the quay, and 600 bags Maceio, on the spot, at
355. per cwt. from the quay. Nothing has occurred
in Molasses. Rum remains firm, and 50 puncheons
Demerara have realised previous rates, 545 bags
Laguayra Coffee are reported at 555., and 20 tes.
Jamaica at 545. to 595. per cwt. The Tea market
continues heavy, and prices of both black and green
are simply nominal. The Rice market is still quiet,
100 bags Saltpetre have realised 325. 6d. per cwt. for 11
to 4 per cent. refraction. There continues a good
demand for Seeds, 700 bags yellow Mustard, by
auction, having brought 645. 6d. to 655., and 300
quarters Linseed, to arrive, 695. for Calcutta, and 70s.
per quarter for Bombay, c, f, and i.
WooL.---We still continue to have a good demand
for nearly all descriptions of wool, but the extreme