The Northern Daily Times.
Liverpool, Merseyside, England, 1857-06-06 00:00:00

IMPORTANT SMOKE NUISANCE CASE.

MESSRS. MACFIE AGAIN FINED.— Yesterday, Messrs.
Macfie and Sons, the eminent and extensive sugar refiners,
of Batchelor-street, of this town, were again summoned
before J. H. Lawrence, Esq., at the police-court, Chapel-
street, for having, on the 26th of May last, permitted dense
volumes of black smoke to issue from the chimney of their
sugar refinery, in Batchelor-street, contrary to the provisions
of the " Smoke Prevention Act." The case had been
before the Health Committee, by whom the present
proceedings were directed to be taken, consequently,
the deputy town-clerk, Mr. M'Gowan, appeared
to conduct the case ou t'e"r behalf. Mr. Macfie
was in attendance to answer the charge preferred against
the firm. After some considerable delay (although each
party was ready to go on wish the case) from there not
being two magistrates present, Mr. She took his seat on
the bench, but when he was informed of the nature of the
case he had to dispose of, he declined to act, as he was a
member of the Health Committee, and hence one of the
prosecutors. As no other magistrate put in an appearance,
Mr. Macfie, in order to save time, consented to have the
case heard and adjudicated upon by the one magistrate
present, Mr. Lawrence. This having been assented to by
each party, the deputy town clerk, Mr. M'Gowan, raid :
Sir, I have to trouble you with a complaint against the
defendant. Jlr. Macfie, for having infringed upon the act
of parliament for the prevention of smoke. That is a subject
which h'.s frequently been before this court, and
it has always, after having heard the evidence of the
most scientific persons, been decided that the nuisance
can be prevented with due care and proper attention on
the part of the employes. Indeed, I have heard Mr.
Macfie, who now appears foe the firm he represents, state,
that it could be prevented, and he has done all he
could, by making his men responsible for the consequences,
to prevent it. It had before been contended in that court,
that the works that he had the control of, were of such a
nature that it could not be prevented, but the most
scientific witnesses had been examined on the subject, and
it had been proved clearly to this court that it could be
done with proper care and attention—and this, after the
case had been argued with great ability on the part of Mr.
Macfie, had been admitted by him, therefore, he (Ur,
M'Gowan) h ed only one alternative to pursue, and that was,
to ask the bench to inflict the utmost penalty the law could
enforce. There was no doubt but that the smoke arising
from such manufactories was a great nuisance to the public;
and after the admissions that had been made by the pro-
prietors that it could be avoided by dne care and attention,
he thought it right to ask that the full penalty should be
inflicted in the present instance. The public made great
complaints of the nuisance arising from this smoke ; there-
fore he was, on behalf of the public, called upon to ask
for the assistance of the magistrates in suppressing it
That, he thought, would be best accomplished by inflicting
the full penalty the law allowed ; for then the employes
would see that, through their ceral -ssnees and neglect, their
employers were mulct in the full penalty ; and having such
g masters, who had done all they could in the improve-
ment oftheir works to payout such an cuurrence, they (the
employee) would be more attentive to their duties in future,
and thus prevent the disagreeable necessity of having such
complaints in future. Mr. Wignall, the inspector of smoke
nuisances, was then called, and, in answer to Mr. M'Gowan,
he said : On the 26th of May last, I observed dense
volumes of black smoke issuing from Mr. Mecfie's chimney,
in Batchelor-street, from 11.34 to 12 4, a space of ten
minutes. I have no hesitation in saying that during that
time the smoke that escaped was very black. There had
been a differanc, of opinion between me and Mr. Macfie's
man as to whether the smoke was dense black smoke or
not ; and, therefore, that there might be no mistake on
this occasion, I asked nolico-constable 180, (Marshall) to
look at it. I cannot be mistaktn ; it was dense black
smoke. Mr. Macfie :Is it the same description of smoke
that you pointed out to me the other day, when I
met you ? Mr. Wignall : Itis ; but that was on a
cifferent occasion to the limeta‘ehat I lay the information.
Mr. McGewan : You see that the ..taue to which you allude
is an:icedent to the complaint. MeeeWignall : If the men
used proper care, and devoted proper attention to their
business, the works are so constructed that there need not
be any such smoke that I now complain of Mr. Macfie:
I am willing to admit, that there was smoke that might be
prevented, but there is a difference of opinion between
myself and my partners. I think we have arrived at a
state of perfection, and as all men are not angels we cannot
do more Could we make men angels we might do more.
But I would request of the court to send for a person con-
nected with Messrs. Longtons' and Co., who saw the
smoke, and ask him if it was as black as described by the
informer. Mr. Wyberg : It is the duty of the defendants
to have the witnesses present. Will you ask the Inspector
any questions. Mr. Macfie : When you saw the
Inoke, did you go into the office and inform the
men of ft. Inspeetoe: iV o 1 did not, but .1 called upon
Police Constable Marshall (180) to witness Le same.
Police Constable Marshall was then called, and he fully
corroborated the statement made by Mr. Wignall, as to the
smoke being black, and further stated that he had several
times seen dense black smoke from the same chimney.
Mr. Macfie : Can you tell me from the colour of any gen-
tleman here present, the colour of the smoke, for I am
informed that it was perfectly grey. Constable 180: It
was very black when I saw it. Mr. Wybergh : Was it
black, or was it grey ? Constable 180: It was perfectly
black. Mr. McGowan : How long have you been in the
police force ? Constable 180: About twelve years. Mr.
McGowan : Then you have some idea as to the colour of
smoke in the town. Constable 180: Yes, and I never
saw smoke darker than that I saw on the 26th of May.
Mr. Macfie : The inspector has described it to be black,
and yet he says it is the same as he saw when I was with
him, and then it was grey—the colour of a grey horse.
Mr. McGowan (to the inspector and the police-constable):
Was it black smoke you caw, oe was it grey? Both
replied that most decidedly it was black—very black
smoke that they saw. Mr. McKenzie, an employe in the
establishment, here volunteered a statement, to the effect,
that from the magnitude of the works that it was impos-
sible to feed tee furnaces, -7 hici were very numerous, so as
to prevent the smoke. Mr. IVlcGowan : That point has
already been decided in this court, when Mr. Macfie most
ably and eloquently represented the firm, but Mr. Fairbairn
and other eminent persons were called, and proved that it
could be done, but if it is the wish of the defendant to go into
the practical de tails of the question again, lam ready to do so.
The magistrate (Mr. Lawrence) : I am connected with the
Loncon and North-Western Railway, and lam sorry to
say that we, through our own negligence, have been sum-
moned and fined for the same offence. We know the energy
and vigilance displayed by the officer who has the manage-
ment of these affairs, and I think he has done great ser-
vice. Mr. Macfie, in reply, said that their firm had done
all that they could to abolish the nuisance, and had gone
to a great expense in doing it, and they thought that they
had arrived at .lmost perfection. It was only a short time
since that the Inspector had suggested that a series of bells
should be hung from one furn.ce to the other, to prevent
the firemen feeding two furnaces at one time This,
at an expense of £2O, they were about to carry out,
therefore he did hope that the Bench would
not hold the firm up as felons for an offence until they had
tried by all means to obviate it. Mr. McGowan was sorry
that Mr. Macfie had changed his opinions,
_as he had stated
that the nuisance could be easily prevented, with proper
care and attention on the part of his men. Mr. Macfie
then went on to say that if all the great manufactories
were treated the same as his firm had been, the result would
be that all such manufactories would be driven from Liver-
pool, and have to go to Manchester, or some other place,
where such restrictions were not carried out. The
Magistrate : That is childish talk. Coming before this
court will not injure the reputation of your house in the
estimation of the country. Mr. M‘Gowan : I must call
upon the bunch to inflict the full penalty,
as Mr. Macfie is considered an athority, and it
may prevent you being called upon again to adjudicate on
such cases in future. The Magistrate : Has he been fined
before. Mr McGowan : Yes ; in June, 1855, he was
fined £5 ; in July, 1856, £s—so that you will see that
there was no complaint for nearly twelve months—and in
February, 1857, he was fined £5. The Magistrate : It is
quite clear, from that statement, that the nuisance can be
prevented ; therefore, I shall inflict a penalty of £5 and
costs. Mr. Ma fie : I wish to have the Inspector instructed
to go into the manufactory, and tell the men there when
he sees the smoke that we may be prepared to take up
the gauntlet. Mr. McGowan :We will take up the gauntlet
by telling you that we have served you with notices on the
18th of April, on the 20th of the same month, and on the
14th of May, and likewise on the present occasion. Mr.
Wignall: And I have repeatedly been on the premises, and
showed the men how they could prevent the smoke, if they
liked. They do do so when they like, and when they know
I am in the district they always do it; therefore, they can
do it if they like. All the parties then retired.

Excluaively for CLOTHING nprs from 6 to 20 Years

LEWIS & COMPANY, Ranelaeh street

LUCIE IN ODD NUMBERS.—A latAr from Rome, in ►he
Courier Franco-ltalien, mentions the death of the Baron
Gazioli, who by his talents in business. in a few years,
amassed a colossal fortune. He arrived at Rome as a
journeyman baker, with 17 balocchi (sous) in his pocket,
and at his death left one of the largest fortunes In Rome.
In memory of the 17 baiocchi of capital with which he
commenced, be has always held that number in veneration.
He had 17 farm., 17 houses, and 17 different kinds of
investmente of money.

IMPORTANT TO APOTHECARIES.

A CHILD POISONED BY MISTAKE.

-

Yesterday, an inquest was opened, before P. F.
Carry, Esq., the borough coroner, in regard to the death
of a child, named Edith Mary Siller, aged two years and
one month, the daughter of Mr. David Siller, merchant,
who resides at 41, Shaw-street. The case created consi-
derable attention, as it was alleged the child had died in
consequence of having poison administered, instead of
sugar, in some powders that had been prescribed by Dr.
Bickersteth. The powders were made up at the shop of
Mr. W. H. Jackson, St. George's-hill, Netherfield-road,
north, the compounder being a young man, named Paul
Strange. Mr Aspinall, barrister, instructed by Mr. Martin,
solicitor, attended to watch the case on behalf of Mr.
Strange, and also Mr. Jackson. A very respectable jury
having been sworn, the following evidence was given :
Mr. David Siller said, I am a merchant, and reside at 41,
Shaw-street. My daughter was two years old. Dr.
Bickersteth is our medical man. He called and saw
deceased on Tuesday morning ; the child was almost
dying when he arrived. The child was taken to him on
Monday by Mrs. Siller. He gave a prescription (produced
it) ll', was sent to Mr Jackson's to be made up on Mon-
day afternoon. I heard on Monday night about 12 o'clock
that one of the powders had been given to the child. The
child was awoke to take the powder. The powder was
given by Mrs. Siller, in presence of the nurse. About
four in the morning I was awoke by one of the servants to
say the child was very ill. I went up at once with Mrs.
Siller, and the child was lying still, and I thought dead.
We sent for Mr. Denton, of the same street. Mr. Bicker-
steth was sent for about a quarter past sir. The child
died about half-past seven. This gentleman (pointing to a
young man, Mr. Strange) called on me at my office at
Rumford-place, on Wednesday. He is from Mr. Jackson ;
his name, I believe, is Strange. He asked if I had

seen Dr. Siller ? (my father) ; I told him I could
not direct him to where he could see him ; he asked if I
could. It was about the prescription. I asked if he had
correctly copied the prescription into his book ? and he
said " Yes." I asked if any mistake had been discovered ?
to which he replied " No." That was all that passed. I
wrote an account of the death to my father, Dr. Siller,
and he came early from the country on Wednesday, and
communicated his suspicion that the child had not died a
natural death. He sawthe box of powders, and went with
me to have them analyised. To Mr. Aspinall : The child
was cutting her teeth. Margaret Hislop said she took the
prescription to Mr. Jackson's, and gave it to the young
man Strange ; and a boy proved having delivered the
medicine at the house. The nurse proved that Mrs.
Siller gave a powder to the ch ld at twelve on Monday
night. Mr. Edward Robert Bickersteth, surgeon, said, I
prescribed for the child on Monday last, and gave this
prescription. I was called early on Tuesday morning to see the
child, and found it insensible and breathing laboriously.
The pupils were not contracted, bat insensible, I believed
it to be dying, and it died in about an hour. I had no
idea that a narcotic had been admini-tered. From the
symptoms, I could not say what was the cause of death.
I supposed at that time the child was dying from coma,
caused by convulsion during sleep. The coroner said
it was clear that the inquest must be adjourned in order to
have a pose otorfem examination, in order to ascertain the
positive cause of death. Mr. Aspinall proposed to examine
Mr. Strange. He (Mr. A.) stated that when the pre-
scription came in to be made up, Mr. Strange pro-
ceeded to do it. In the middle of his doing so,
another prescription came in to be made up in great
haste. He left off making up the first, and
proceeded to make up the second. Thera were two bottles,
one containing sugar, and the other Morphia, both very
like each other, and it was feared that he took the latter
for the former. He admitted that fact. Some discussion
followed, when Mr. Strange was examined as follows :
I am 22 years old, and am assistant to Mr. Jackson for
eighteen months ; I had served my apprenticeship before
I went to him. This prescription was brought to me to be
made up for one of Mr. Siller's children ; I made it up, is
I supposed, right; two of the bottles containing the
ingredients were on the counter ; one of the items is white
sugar, and it is in a bottle labelled "Pulvis SacJntri"—
which means powdered sugar. On Wednesday I dis-
covered a mistake, when Dr. Siller came to the shop,
and asked Mr. Jackson who made up the powders ? I said
it was me; he said he had an idea the powders were made
up wrong, and no sugar put in them, but some intense bitter
was substituted for it, and he said I must have put in helibore
powder for it. It then flashed on my mind that I must
have substituted the morphia bottle instead of the powdered
sugar. After I commenced making the powders a person
came in to have:a prescription, which contained morphia,
made up, and I left the bottle on the oounter, and after
v,vva.a LV 11/11021 LUC, vo4er, ante u ulu murpUla got
into the powders it was by this mistake. The colour and
bottles were quite like each other. L was dusk, about five
minutes to nine at the time. After some discussion, the
inquest was adjourned to Tuesday, at hal= pact 010 Von
o'clock.

The Coroner also held the following inquests :
On the body of a fine child named William Callaghan,
sixteen months old, who was suffocated in bed in a court
off Hopwood-street. The cause of death was one that fre-
quently happens, but without particular notice, namely, suf-
focated whilst at the breast. The Coroner, in summibg up,
remarked that all cases of this description (which were
frequent) arose from the same cause, and it could not be
too extensively known to mothers, so that they might
' avoid it. They went' to bed with the child at the breast, a
most dangerous and too often fatal practice. It was well
known that the child, before able to procure the milk, must
have the lips compressed so as to exclude the air, and in
this position the child remained, so that the smallest pres-
sure on the nose, of course caused death. Now, mothers
should never go to sleep with the child at the breast, and
he trusted thi would b,-; a warning to them. The jury, in
returning a verdict of " Accidentally suffocated," said it was
of great importance that mothers should be made aware of
the observations of the coroner, and, no doubt, if they
were, many lives would be saved. They had observed
that the child was a remarkably fine one, and it
was a pity that it should have lost its life.
The Coroner said he was glad to see a gentleman from
the NORTHERN TIMES present, and no doubt he would give
publicity to the observations, which would produce much
good, as every one now read the newspapers, and, there-
fore, the publication would roach all mothers. The
foreman said the suggestion was very good, and he had
no doubt the publication would be attended with beneficial
results. If only one life out of every five so lost could be
saved, it would be beneficial to the public. [We cannot
do better than strongly advise mothers to adopt the course
pointed out in the above observations.]
On the body of the boy Milne, who was killed at the
Industrial schools, as reported in our paper of yesterday.
Verdict—" Accidental death."

THE MORMONS IN Uran.—The following items of in-
telligence, in reference to the Mormons, taken from the
latest New York journals, will be found of interest :
" St. Louis, May 18, 1857 : The Overland Utah mail has
arrived here with Salt Lake City dates of April 2. The
territory was quiet. Preparations were making to send a
large umnl,er of missionaries to all parts of the world.
The accounts of the movements of Brigham Young do not
accord with those received via California. He seemed to
possess the entire confidence of the people, and was plan-
ning a pleasure excursion to the Mormon settlement of
Salmon River. For some unknown cause, the Mormons
at St. Bernfirdin, and the surrounding settlements,
have been summoned to Salt Lake City. The
Cheyenes were becoming bold and defiant. A trader,
arrived from Fort Lar irnie, reported that the Indians
acknowledged a loss of sixty warriors sent to com-
mit depreciations on the California roai, in consequence
of which they have made prisoners of sixteen traders,
and have sent one hundred warriors to the road to avenge
the loss." " Washington, May 19.—A member of the
Cabinet to day received a telegraphic despatch from Major
M'Culloch, declining the governorship of Utah. He,
however, expects •to reach this city in the course of ten
days. It is not true that Judge Drummond has been
offered this appointment, but this afternoon a telegraphic
despatch was sent to a western man, whose name is
officially concealed for the present, tendering it to
him. Recent information has caused a change in the
policy hitherto contemplated, the condition of Utah now
being such as to require rigorous measures. Troops
in large numbers will be sent thither, probably under
command of General Barney. The administration is
anxious to at once act on this important matter, especially
in view of the late obstruction to judiciary proceedings,
and accounts frequently received relative to oppressions by
the Mormons of those who do not belong to their frater-
nity." A private letter from Utah territory states—" I
think there will be a great many leave here in the spring.
Brigham and Connell, with two or three hundred mis-
sionaries, I fear, are going to leave here on the Ist of May
to explore north in the British possessions for a
more suitable country for them." We learn from
another correspondent that women are becoming
scarce in the territory, and the Mormons coolie-
qoently are resorting to merest children to replenish their
harems ; while the most fiendish oppression is resorted to
for the purpose of forcing reluctant females to become the
" spirituals" of Mormon Turks. A new doctrine had been
practically introduced into the Mormon creed, and was
expected soon to be promulgated—to wit, that of furnish-
ing proxies to supply the place of husbands to wives of
missionaries absent on foreign service, so that " the duty
of raising up a kingdom to the Lord" may not fail of
performance during their absence.

JUDGES' CHAMBERS.

BEFORE THE LORDS JUSTICES, 4TII JUNE, 1857.
In re DEANE, YOULII, AND CO., MERCHANTS, LP/IMOD.
—This was an appeal from the decision of Mr. Commis-
sioner Perry, upon the question of double proof, which was
opposed, on behalf of the assignees, by Mr. Bacon.
Lord Chief Justice Turner said: This case of Deane,
Yonle, and Co. stood for me to consider the effect of the
new evidence which had been adduced ; and, notwithstand-
ing the further evidence which has been adduced in the
case, I feel myself compelled to adhere to my original
determination of upholding the judgment of the learned
commissioner. So far as respects the general rule as to
double proof, the further evidence seems to me to bring
the case more directly 'within it ; for it appears that the
joint and separate estates from one common fund for the
payment of the joint and separate debts, and the joint
creditors, therefore, draw from the separate estate ; and so
far as respects the exception to the rule, this is not a case
of voluntary composition. If it is to be considered at all
as a case of composition, it is the ease of a composition
made under, if not compelled by, the law of the country,
and whatever might be the effects of a composition made
voluntarily, the case in re Vanzellar seems to me to decide
that such a composition as this does not bring the case
within the exception to the rule. We cannot, I think,
reverse the decision of the learned Commissioner without
overruling that case, and looking to the length of time for
which it has stood, I feel myself as much bound by it as
by " Exparte Moult" and " Exparte Hilton." Repeating,
therefore, the doubts which I before expressed, and adding
that I feel at least equal doubt as to the case " re Vanzellar,"
I abide by my former opinion. The special case, therefore,
must proceed, bat, of course, it must be re-modelled to
introduce the facts which the further evidence has brought
before us. If you will have the case re-modelled, and name
a day on which we can dispose of it, I shall be rather glad
to get it off my mind, and I shall be obliged by the further
assistance. It is plain that the new facts introduced by
the further evidence must come into the case. What day
will suit you on both sides ?
Mr. de Gee : The first bankruptcy day after the term,
perhaps?
Lord Justice Turner : Yes

Lord Justice Knight Bruce : I am afraid you will no'
be able to have it heard this session, will you ?
Mr. de Gex : No, my lord.

Lord Justice Knight Bruce : I am afraid not.