Northern Times.
Liverpool, Merseyside, England, 1857-08-22 00:00:00

T.'HE QuacN V. SPINCO.—Tbii case was heard b store
a 'special jury. It was an indictment, -charging the
thefendants with a public nuisance. Counsel for the
Torosecutien —Mr. Wilde, Q C.; Mr. Monck, Q.C. ; Mr.
Ovens, and Mr. Aspland. For the defence. Sir F. Th,esiger,
Q.C.; Mr. Atherton, Q.C.; Mr. Hill, Q C., arid Mr.
Manesty. Me Ovens opened the pleadings by saying,
that the defendants in this action ware Messrs., Reuben
Sperm-, and the indictment charged them with, baying
erected a manufactory which was used for the manufac-
turing of chemical substances, the smoke from 'which was
foul and obnoxious, and injurious to the hemith of the
inhabitants, There were several other com i ets n the
indictment which was to the same effect, but differing in
form. Mr. Wilde, Q.C., then stated the case. -to the jury,
and in doing so said the case, as they had heard, bad
a-ssnmel the form of an indictment against the defendants,
who are the proprietors of extensive &tem works, near
Manchester, for having conducted their business so as to
be injurious to the health and tin happiness of the neigh-
bonrhoed, from the stench, smoke, and stinks
which arose from it so as seriously to incommode
the persons living near them. There was no doubt
hut that the case was one of considerab e
importance, and would require n great amount of attention
at the hands of the jury. Ilelelt no apprehension as to
the result, fur after the defendants had had the usual-fight,
the result would be the same as in other similar -cases—
that they would-be obliged to remove from that neighbour.
hood. Ilv next -pointed out how relue'ant persons were
to move in such matters, 'and scarcely ever did se, the
matter being tolerated anti! long after it became intolera-
ble. All people were slow to move. It was a long time
before they cou!d be got to stir, but having taken the steps
at the eleventh -hour, he dish not fear as to the result, but sti'l
it would be necessary to 'fully explain the matter to the
jury. He would let them know what it was that -was pro-
duced at their chemical work!, how noxious it was, and
how necessary it was that it should be stopped. He did
not wish to -say anything against tall persons; but be
would point out to them the tall chimney in the model,
towering over the heals of all the others, and then how
it distributed its perfumes all over the neighbourhood, and
around the beautiful green sward in the district. The
history of the matter was very brief. About the year
1848 the defendants went to' that district, (here be ex-
plained the exact locality of the works, and also the
surrounding district from an immense model which had
been prepared,) where for a number of years the manu-
facturers of Manchester had made their residences after
the toils of the day. In 1848 the deendants, who are the
manufacturers of alum, entered upon the premises, and since
that time have continued he m .nufaeture what is called
ammonical,alum, in which they have to use a great portion of
ammonical gas, which has to be procured from the gas-works
in the neighbourhood; and from that year, when the
works were but small, they have so increased their sale,
that it is said that they manufactured at least eighty tons
per week. The learned counsel then minutely detailed
the chemical process employed in manufacturing the alum,
and the various .gal=s that of necessity escaped, one of
which was sulphurious acid, which ascended np the
chimney, and was distributed over the neighbourhood, aed
sulphurious hydrogen-, which he could only describe as the
smell from a rotten egg, and he contended that that was
exceedingly noxious to the health of the people in the
neighbourhood. He next described the process through
which the ammoniacal rquor had to pass in its distillation,
from which it appeared that there was a very large escape
of a variety of matters, which he ceeld only call hydrogen
carbons, which were excreuingly volatile, and after their
escape from the chimney, infused themselves into the air.
Of these particles, chemists dist not pay much attention,
because they said they were not injurions to health ;
b it he should prove that they were exceedingly annoying,
and caused a peculiar sensation in the theme But he
believed that it would net be necessary for him to show
that such were injurious, but that they were inconvenient.
He believed that would be sufficient, and if not it ought
to be. He then quoted from Cunningham's Law Reports,
in the case of the King v. Neal, in which the defendant
was a varnish maker, and he was indicted for a similar
offence. In that case, the judge—perhaps one of the most
careful ones that had ever presided—Lord Teaterden, said
it was not necessary that the nuisance should be injurious
to health, but that it was an annoyance to the people in
the district, and to the passers on the highway. He eon-
t-nded that such would be the evidence on which be should
ask for a verdict. He then traced the progress of the
extension of the buildings from 1848, when there was only
a short chimney. In the fir- t place, formerly the ammoniacal
fig ior used to be carried through the streets of the town
to the fact ry, but in 1850 proceedings were ta;:en against '
them, the s each being so dreadful and abominable, and
they were obliged to alter the plan. They were obliged
to put down pipts from the gas works to the canal, and
then it was delivered into an air-tight boat, from wheace
it was pumped out and took to the works, where the
monster was costly confined. That was in 1856. In
1854, Mr. Fitzgerald, the owner of the land was
applied to, and he thought it was quite time that
some steps should be taker, in the matter, and
after that, a report of the works was made, in which it
Was stated that the noxious gases should not be allowed
to escape, because if those gases were once at large it
would be very difficult to control them. In 1856 the
d feadants employed Dr Franklin to make a full inspection
of the works, and to report thereon. That was done, and
Dr. Franklin would be called as a witness; and he would
tell them thst the gases to which he bad alluded were
made, and that without the greatest care they would
vac ipe ; but, as they were borne along in the air as one
body, it entirely depended upon the way the wind was, as
to ,Vie direction they took ; but there they were in one
gre-it mass, sailing along until they were stopped or des-
can ed, and then their ell eta were experienced on the
parties there, or on the vegetation. In Jane, 1856, the
deceodant commenced erecting the new tall chimney.
Up to that time they had only had a very short (see
—but this it would he found was nearly twice the height.
of any other in the neighbourhood. But so it was,
sal it was only at that time that they erected that monster
chimney. Wny did they do that ? The old short one
had done its work. It is difficult to answer it, unless
th y thought to carry the contents away high above all
others. 13 it they did do so, and yet the evil has not been
remedied ; for, as they in the law said, it was only the
venue had be. n .shifted, and instead of its being annoying
t, the Berne pert es who lived near the worlts, it had gone
to those who lived at a greater distance, and then it was
that they exeleirned—" 011, now it has come to us." That
11 was th ' simple history of the ea e. What was to be the 1
answer to it ? They might fancy that they would say—
we have done all in our power to present the nuisance,
.end have gone to a great expense to do a e But would
they say that the gases were destroyed I If they were
not, then the plaintiffs had a right to comelain. It was uo
answer for them to say they had done all they could, for
al they had done to abolish it depen led en the workmen ;
and if they were negleetfal, and it could scarcely
be allowed to depend oe workmen when the
works were going day and night, and ads) on a Sunday.
Then it might be said that some persons did not smell it,
Vireu:d that be an a- severe Would they put the evide ce
ufone man who sai l he did not s-nell it against the evidence
of the man who sai ihe ei'l. He then cent on to argue
that, supp,se the decedents should ask where they were to
go to carry on their werks, and to th at tae would only
rep'y, that is no business of ours, but this is the very last
place on earth where you shou'd come, and if yin do not
prevent the nuisance you mess go away. But they did not
ask them to go,; all they required was for them to remedy
the evil, which coald be dune at sena: expense and trouele.
He concluded by saying that he sh 'till not refer to any
further point that might be raised by the defendants, for it
was their duly to answer the case he shoutd submi
to the jury, and if they did not do so,
he should ask for a verdict. [4s the witnesses
in the case had net arrived, some considerable delay
in the preceedings took place, in the course OF sehich Sir
F. Tnesieer, oc the part of the defendants, hamled in a
proposition to, as we understood, the efioct that the
deendants were wiling to have the wnole matter referred
t, a committee, of six gentlemen, consisting of a march an;
and them at, chosen by each aide, a id two others ch.:sea b 1
ths se four geet'emen, and, aster .a careful examination, to
abide the dscisiou of a ea j eety of th.t committee, and to
mike any improeereent teat might be suggested at their
own expense. The counsel for the plaint ff re,irod, and, or,
their r.thra into court, his Lordship observed that he had
caiefully read over the report, and he real'y did think
that it wag a e ice in which some agreement should be
made. Mr. Wilde objected to the adoption of the
suggestions, unless the defendants pleaded guily, and
thus establish a case. Sir F. Tnesiger would not comply
with that, as he had a great am Ault of rebustine evidence
to call, end, after some di.cu,sion, the hearing of the case
was proceeded with. Several witnesses were ixernined to
preve the nuisance. They all d,-;,c ib,Nl it :.:a almost
intolerable, causing serene,s of the eyes, coign and a ire
throat, and as prejudicial to .some d serioliees of mega-
far urea, and al. keels ef veget itioi. Mr. Benjarn'n heoth,
s irgeon, of Swint ri, rENcrihi•l the nuisance es ems 'ed:celly
disagreeable and injurious t i health. It was rust
observable p .r icelarly a. early mornieg, and late at night.
Toe phoutiff'd case had Rot cent; u :e4 at the rising of tae
Sour'

THE DEWS OF PALR3TINII —ln th-- Serlpturrs, frrvent
allision it filmic to Lie de *8 of lesque. Luring the
months of June, Jury. an i August. the atmosphere is
mild aad Bean! ; a c'o,id is seldom ~een, and scarcely a
drop of rain descend=; but, to 81171)1 in some measure this
daciencyt the earth is moiste.led by nocturnal dews, which
ire so copious as to r-,semble small, thick, penetrating
rain, and u per exposed to them would woo be wet to
his skin.