The Express.
London, England, 1848-07-03 00:00:00

THE E PRESS, MONDAY EVENING, JULY 3, 1848.

that the action should not colt him anything, sad Auld
not comoromim it without the consent of hie solicitor.—Mr.
Justice Wightman having Bummed up, the jury found a ver-
dict for the defendant.

COURT OF COMMON PLRAB.
Before Chief Justice Wilde and • Commas Jury.
Osmosis V. RESDRIL—NVISANCE.-111V. SetjOSOVTilfourd
(with whom was Mr. Courtnay) appeared for the plaintiff
in this ease, and from the opening adores, of the learned
urinal it appeared that the present action was brought by
the Rev. Edward Osborn, lessee of a stab:. and premium
in Vine-street, out of John-street, Minories, against the
defendant, who keeps the Angel public-house at the corner
of Vine-street, fronting into John-street, for erecting an
urinal adjacent to the party-wall separating the premises of
plaintiff, in Vine-street, from the rear of defendant's public-
house, whereby plaintiff complained his wall was injured by
the damp, and the value of his property diminishe I by
noxious smells. There formerly existed an urinal lower
down, against the blank wall of defendant, on the side of
Vine-street, erected princi.sally for the convenience of persons
frequenting the public-house, but in the month of May in last
year defendant finding it a nuisance where it then stood,
after obtaining the sanction of the commissioners of pave-
ment for the purpose (which, however, could not affect
private rights), caused to be removed the convenience in
question to its present position. Where it before stood,
there was a pipe, and it was kept washed by a descent of
water, which was not so now, and it stood directly in front
of houses opposite. It was to put an end to this nuisance
in the neighbourhood, and not for any amount of damages,
that the plaintiff brought this action; but he rested his
right to recover upon the injury which, as owner of the
adjacent property, he hail individually sustained. Wit
neases were then called in support of the statemutts
of the 'cancel counsel. Mr. Nichols, a Purveyor, spoke
to a dampness in the foundation of ptiintiff's wall,
which he traced to the iv inal being contiguous; and
several of the neighbours proved that the smells arising
from the urinal caused great annoyance, (specially in warm
weather, and were more perceptible now than betnre, but it
did not appear that the stable was used except as a covered-
in-shed, it being in a dilap elated state, and no one living there.
—Mr. Watson, Q. C. (with whom was Mr. Warner,)
addressed the jury fir defendant, and contended
that the deleadant had conferred a public benefit upon
the neighbourhood, and especially towards the plaintiff,
by erecting the new urioxl. This was a singular action to
be brought in the City of London, where the complaint in
general was of the leek of sue!, conveniences. It would he
proved that the one in question was constructed of the
beet Yorkshire stone, six feet high, cemented within,
and built so as effectually to screen from the
public gaze those who might have occasion to use
it. Before it was put up, the plaintiff's gates lead.
ing into the stable were in unpleasant request, so that be,
in point of fact, instead of being aggrieved, was directly
has nailed, as regarded particular damage, without proof of
which the plaintiff was not entitled to recover ; he should
show that the wall could not have been injured in the
manner suggested, and that the defendant took espec!al care
to have tl e place kept clean, so as to prevent any increased
infection of the atmosphere by noxious odours. A number
of witnesses were then called to prove the defendant's case.—
The Judge, in summing up, observed that the plaintiff was
bound to make out that he had really sustain d the damage
he complained of. The fact that people had before evil the
stable gates of plaintiff was not at all a circumstance derisive
of this cause. If the plaintiff's premises were diminished M
value or rendered less convenient for use and enjoym nt in
consequence of dampness penetrating, or by an increase of
noxious smells, since the removal complained of, they would
find for plaintiff ; but it not, then for the delendaut.—Ver-
diet for defendant.

COURT OF EXCHEQUER.
bitting In Ranee.—demurrer Paper.
lIASTINOB v. Winvv.—This was an action by the exreu•
tors of a deceased FuNcon, named Watson, in which they
sought to recover 10001. from the defendant. who had catered
into a bond conditioned for the payment of that sum, if he
should at any time, after the expiration of his engagement
with Mr. Watson, as assistant, practise as a surgeon at &Pur-
port, without the consent of Mr. Watson. The case came
on on a demurrer to the pleadings of the defendant; and the
cue is only noticeable from the tut that it raised the ques-
tion whether such a bond was valid and binding. On the
part of the plaintiff,, Mr. Gray contended on this point, that
the bond was good, and that it was no answer to the action
to say that Mr. Watson was dc ad and could not now consent,
and that the obligation of the bond was to be limited by the
life of the obligee.—Mr. Hill, on the other side, objected
that the bond was too large, and that it ought not to receive
any effect afterwards.—Tbe court was clearly of opinion that
the plaintiff was entitled to judgment. The plea was had in
substance. it was no answer to the declaration that the
defendant had not obtained, and could not now obtain, the
consent stipulated for in the fond. The defendant ought to
have obtained such consent during the life of Mr. Watson,
and he might even now obtain a release from the executors.
The judgment must be for the plaintiff.—Judgment accord.

guard; she saw the prisoner running at full speed, and be
was immediately captured. The w tch, guard, and yesre
were restored to her by a labouring man and two ladies, who
aftewr thise.prmisoninitetedr hafodrthlrriaolwn them into
the.
MARLBOROdk e d
Tt bk. mp
uO
rimer 3
11-STRECaanonor SWINDLING.
—J..B. ilsord, who formerly held a commission. in the Hon.
East India Company's service, wee finally examined charged
with having defrauded Various persons by means of spurious
cheques. The particulars of two cues of fraud, in which the
prisoner had succeeded in getting 0.. from Mr. Lane, of
Lane's Hotel, firAlban'splace, and 101. from Mrs. Hayman,
of No. 68, Haymarket, have already been made peblie at
the prisoner's previous examination. These two charges
bring complete the prisoner was fully committed.—The
prisoner denied that he had received the 101. note from Mrs.
Heyning for the fraudulent cheque, or that he had written
the cheque. There were a number of similar cases against
the prisoner, but they were not premed.
ALLEGED FRAVD.—J. Grieves, alias G. Benson, WAS
charged with having obtained goods by means of fraudulent
pretences—Mr. Bretwell, land occupier, near Banbury, said
he received a letter from the pri-oner, and in consequence of
that letter he had an interview with him in Swallow.
street, Piccadilly. The result of that interview war, that wit-
ness supplied the prisoner with goods from time to time.
Witness had seen the prisoner write, and believed that the
documents now produced were in the prtsoner'e handwriting.
—Mr. Edward Stone, traveller, said, he was on a visit to
Mise Lamb, confectioner, Banbury, when an order for goods,
purporting to come from George Buison, was received. The
B
were sent. Witness, on looking at this letter, wag cu.
fain it was in the handwriting of the prisoner. —The prisoner
wished to ask the first witness where he had seen him write ?
—The first witness said he saw the prisoner write with a
pencil on the sill of a window in Swallow-street, as they
were walking up and down the street. This and the letters
which he bad received and acted upon war all the proof he
had that the orders for goods now produced were in the
prisoner's handwriting. As the evidence was not complete,
and there were several other charges to be brought forward,
an application for a remand rata Friday was acceded to.
LAMBETH.—Sacalutoa.—J.Connonand J.Galdkett were
charged with breaking into the church of St. Ms Magdalen,
Kent-road, end stealing two surplices, a bottle of sacramental
wine, and other property; and with breaking into Cleland's
Chapel, in the Clapham-road, and stealing three bottles of
sacrament wine and other prop. sty therefrom.—The case
was satisfactorily proved against the prisoners, and they
were ordered for trial, but were to be brought up Loin.
SOUTHWARK.—ALLEGED ROBSSMY up SWEEPSTAKE
Tteenre.—Lipe/sans, Gorier, sod Mills wen- charged with
conspiring together to defraud Mr. Harris, the landlord of
the Equestrian Coffee-house, Blackfriars-road, of various
sums of money, by presenting tickets belonging to horse.
racing sweepstakes which had been unlawfully oblained.
Lipeham was formerly clerk to Mr. Harris, and vaiated in
managing the various monster end other sweeps held at his
house. Great numbers of country subscribers belonged tc
them, and their numbers drawn in the lottery were for-
warded to them, and if a prize the ticket of the horse. A
gentleman at Manchester drew the 1001. prize, and his ticket
was for warded to him. A few days after wards the waiter of the
Coal Rule Tavern, Strand, entered the house and tend, red the
prize tier, demanding the money, and sta•ing that the owner
was in ecotlee.room of the Coal liole awaiting the money.
Mr. Barrie, knowing that the ticket belonged to a country
ge:.tleman, refused the money unless the owner came him-
self. The waiter left, and returned in two hours with Mills,
when Harris, believing the ticket to be stolen, gave Mills in-
to the custody of a policeman. Prior to the ticket being
presented, Lipshsm had suddenly left his situation, but was
afterwards apprehended, he haring been sent with several
letters to the post-office, from which ho might have ab-
stracted the tickets. Several other tickets having been sub-
mquently presented were also detained.—The magistrate ad-
journed the case until Saturday to give the complainant an
opportunity of indicting the prisoner% at the sessions, it being
his opinion that the lotteries in question were illegal, and
could not be protected by the law.
GREENWICIL—Roisisrue AND ATTEMPTED SUICIDE.
Lv A LADY.—Cafherstae Berrien, wife of a stockbroker,
residing t Blackbeath-hill, was charged with steal-
ing a hnitciown from the bar of tile White Swan
Inn, Blackheath-road. The daughter of the landlord of the
White Swan said, the prisoner came into the bar and sat
and a half-
op
tbr far
prisoner
ran
hadef er w
:mu° minutes
out
the
tm s
down by the till in which wieners had seen three shillings
she
missed
itthhehehr
emwn.a
terdo rwinlne.atvhiWen ttnlheessp;sl,haLcere
=Wed. About a quarter of an hour after bring locked up,
the gaoler opened the door, and found the prisoner partly
undressed, and sitting with a maim of clotted blood at her
feet in a fainting condition. Dr. J. Smith was sent for,
when it was discovered that she had taken off her stays,
from which she had forced the steel buck, and having broken
it in two, made a deep incision in the veins next the
elbow.joint, from which a vast quantity of blood issued ; and
but for the early return of the officer, death mum have
ensued. The effusion of blood having been stopped, and
the wound bandaged, two females were left in charge, in
order to prevent her Iron farther acts of desperation.