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London, England, 1824-07-13 00:00:00

Letter, in short, than a quack. But as soon es a regular bred man
came they wished to get rid of him. It was bad enough to take
physic when it was wanted, hut the plaintiff had no right to force
it upon those who were unwilling to have it. The plaintiff ought
to have gear away when required. The Learned Sergeant said he !
had once a narrow escape from taking phyiii 7, and woe betide hint
it evsr be to .t. any again. Wbo assaulted him? Not the defer-
slants, wino had wished him to go quietly out of the room ; but his
own jealousy had been the cause of his being forced out of the I
room • and it' he had gone to his shop, and purged himself of his
jealou'sy, he would have had nothing to complain of. There had
ban no wanton attack made upon him, and whatever he nght
have to complain of. arose from his obstinately refusing to quit a
room where nobody wished him to remain. Where he lately came
from they had a coin called a coterie, not the hundredth part of a
tinhing, and that would be sufficient compensation for the plain-
tit tinder more circumstances.
The Cif it:, .Irs ^ICE said, as there was no justification entered'
on the record, the Jury mast find a verdict for the plaintiff, but .
be should leave the amount of damages to their own consideration. ,
The Jury fatted a verdict fin the plaintiff damages one farthing.
His Loniship said, that he should certify that the costs should I
be under forty shillings, as he was of opinion that the plaintiff'
ought nut to hare brought the action.
WILSON V. stusatasox.
This was an action brought by the plaintiff; a hay-dealer, re..
ceding in I omaitution-row, Gray's Inn-road, against the defen.l
slant, a manufacturing chemist, residing in the same street, for a
trespass and nuisance. There were three counts laid in the de-
claration, viz--stopping up a right of way, by which the plaintiff
ins relented from getting to his stable, the causing a nauseous
effluvia to sane front his funnies in carrying on his business, by
which the health of the plaintiff's family was injured. and his
property deteriorated in consequence of the blacks and filth that I
came mom the defendant's furnaces; and, lastly, that the plain.,
tiff was iujitrisl by a le.!ap of rubbish having been thrown against'
his stalk-tloor. by which an incrustation fool been formed on the'
doors and walls of the vain stable . • the letup arising from which
had ii,jureil his hay in the loft of the stable, and made a dog and a
horse that were kept there sick, d thenby lessening their value.
On the part of dm plaintiff several witnesses were called to prove
the right of way insisted upon by him ; but they all failed to strew .
that they erer remembered more than two persons using that road, •
and they did so by permission of the defendant. To establish the
nuisance, the plaintiff 's two sons, his surveyor, and his lodger and
her servant, were called. They stated, that when the furnaces
were at weak it was impossible to hare I window in 31r. Wilson's
MUM` oven ; that even the victuals were contaminated with the
stench that issued from the d4endant's premises; and :Hrs. Hart,
she lodger, swine that she had given warning in consequence of tile
nuisance.
On her cross-examination she said, that she went there last
Eareh t but as this action was brought last November, 31r. Ser.
giant Vaughan snbenitted that that circumstance could not be
t..ken into consideration.
On the pert of the defendant, twelve persons residing in the
street. two of whom were laundresses, swore that they neva were I
a healthier street, or one more free Irmo nuisances.
On the 12* witness being examined, his Lo eosin r remarked.'
s' Brother Vaughan 770 u have examined enough to form a Jury."
Upon which the I.earttci counsel observed, that every person
who i:as a housekeeper in the street attended to prove, that there
was ro nuisance arising from the defendant's manufactory.
The heuturer in Chemistry to the Ilusael Institution, proved
that the inemstation complained of could not take place on moo.
tared wane., which bad been stated to arise from the manufacture
of' citrons acid, as the alkali in the limner would destroy the acid.
lie tur.hen rated, that the defendant's practice was confined to the
rnarmt AC ore of the finer procanes in chemistry, and that no rough
preemies were tarried on in his laboratory. I
Ills Lordship observed to the Jury, that the right of way
CI.: he put out of their minds. The evidence with regard to the
nuisance Ind been, to his mind, most satisfactorily rebutted; and
the only imestion that remained was, with regard to the rubbish I
aril- ft the stable door. That circumstance the defendant had
not heen able to get rid of; and upon that count they must find
for the plaintiff.
The Jury returned a verdict for the plaintiff on the last count—
'fanners 114 t and negatived that respecting the right of way, and
also tint of the nuisance from the furnaces.
31e. Sergeant I'ArGUIIX hoped his Lordship would certify to
&mire the plaintiff of his costs.
!dr. Sergeant Tenor, fix the plaintiff, was sure his Lordship
would ait do so.
The Cu/ET JUSTICE said that he would consider of it.

COURT OF PECULIARS, 210NDAY, JULY 12.

RIOT IN NEWINGTON CHURCH.

TEE OFFICE• Or JEDOE PrOMOTED BY TALMER ACIAINST

TIJOU.

This day the arguments of D-s. lxsurxoTow and Donsow,
or. behalf of the prosecution, and Drs. JgNNK.I and PUILLI-
)1011E haring been heard,
Sir J. 110 L delivered his judgment. lie observed, that the
Court had to regret that the recommendation on a former proems-
tt.at had not been attended with success, viz.—that of restoring
hstniony to the parish of St. Mary, Newington, by an amicable
adjactinont of this case out of doors. This prosecuuon originated
in the same trauma...Um as the former case of Palmer against Roney,
Se an e:eccien of churchwardens, for the year IteM ; while the
parkin;; WAS (sir g forward in the church, a violent quarrel took
place between lloifey, one of the chutchwanizna, and Mr. Hur.
combo, which continued at the polling-table for a length of time,
the reproachful words of '• coward" and " informer," being re.
peatediy used by those persons: which of the two began was not
arterial. but they had both I,oselv violated the sanctity of the
place. Thie ass followed by a still more diegraectuldisearlemce in
the north aisle of the church, and it was during this disturbance
that the offence charged to Tijou was alleged to have been coin.
Witter!. As fir as it appeared. he was not present at the continent-it-
Anent, but while it was ping forward, constables were called for,
one of ahem Mr. Wright, seized hold of Roffey in the church.
ISO* it wra hardly proper for this Court, being the Ordinary of the
place. to mew over a notion which prevaikd in this parish respecting
the ditties of the several officers; etas, seem to think that it
slid not mutter whether the place watt a church, a term, or a
pollieg ream. There was a disturbance, constables were called
to:, and Mr. Wright took Mr. Rotes-, a churChwarden ; and
aeolhee constable, tamed Passe}, took. Mr. Tijou, the church.
warden's sideman. It shouki be recollected, that the church
was taider the pratection of the Ecclesiastical Law and Ecclesiasti-
cal lie (Sir John Nichol) did not mean to say if a breach
of the piece took place. and the Ecclesiastical officers either were
tot ateseet or were negligent of their duty, that a Civil Magistrate
or Cisil officer alight not interfere, and more particularly if called
on b., the Ecclesiastics) officers for asststance. But the duty bee
longs to the Ecclesiastical officer; and who is that officer % It is
the churchwarden and his assistants, the sidesmen. It is their duty
to attend the church during the performance of divine worship.
They are sworn faithfully to discharge their duty in the church;
and Warty of them dissent from the established religion, they must
provide sefficient sleputies ; and they arc protected by law in per-
forming their duty. Even an assault in some ordinary eases be-
,
comes stone under the Ecclesiastical law. For instance, if they I
take a peaten'e hat off in the church, or put a disorderly person out
of :,:e chure4, they are autbmized to do so, pros idol they use no
nonce:a:it:7 force. In this Case the constables rushed forward with
an amazing alacrity, and seised Roffuy and Tijou; l'aesey seized
Tij,it where in fact he had a ripalit to be ; and it was inverting his
aotlicrity In take into custody the churchwarden and his sidisuan,
theagli leaner* in some extreme east's such an act might be Lgal.
The preeert case contained two queetior.s ; whether the charge
'agaieet Tijou was sufficiently Wahl:shed, and if it was, whether •
there were any pounds for mitigating the costs. lie (Sir John
Nichol) on viewing all the cireuinstances, was of opinion that the ,
charge etas proved, although did ate appear of a very aggravated
nature. The character of the transaction must be conceived, in a
great degree, from *hat was going forward at the time ; the-c
a violent disturbance ; Roffey was taken into custody. Tijou
WAS not then in the church ; he had been at a neighbouring
tavern, and was in the church-yard when he heard a noise
in the church. Ile went in and saw the crowd, and, being a
Powerful man, lie forced his way through in order to get at the im-
mediate snot where the scuffle took place. Ile must have disco. ,
rend the struggle between Wright the constable aLd nullity; and
it be went there for die purpose of performing his duty as a riles-,
man (part of his oath being fatthfully to assist the churchwarden),
or of rescuing hie friend flaky, the Court thought he in the first
instance was notified, and in the, second instance there was great
es tanea.inn. T I.e Court could not arrive at such a Strad' of can-'
AN to suppoia he went merely on his duty as sideman. If
t feel done either, he ought to hr. c done it in a proper um-
-10.7 ; tier if done with improper actions or words, his conduct
it...tasted him in a violation of the law. The Court was of opi-
nion that he had violated the Lw • but he was no doubt stimu-
lated by ircuinstarces then existing. Ile was not the original
brawler ; !toffee and Ilurcombe had for several hours kept up the
quarrel. etel were the authors of the disturbance. IVith readier to
a Mt. Bielit,p'e being pushed oa'a pew by Tijou, by which his ancle
was seer usly inered, theme was no proof tint such was the case;
for even air. Bishop alnfated that be fell, and his uncle turaLl
tattler hire. The question of coats bore very strong on the case,
and it b -acne a consideration whether tide prosecution ought to
lave been c ~nmenced against Tijou, who was a subordinate officer
to Roffey the churchwarden, and not the beginner of the quarrel.
r. l'a,n..: had no doubt acted right, because he was instructed
to Leasceete both Radii and Tijou by a vine of the! vestry but
ti i ens ccantry that tato prosecutions should he carried on, he
tt,"..: Joh,. Nithul) was of cpteion that Ilurcombe and not Tijou
iateht t.; have been sebjected to it. The Learned Jndgc made
some tLrther obser:ations as to this cane, bearing on that wherein
Rceiy was concerned, and at length ordered Tijou to be suspended
freia entering the church for one week, end to he condemned in
lent. costs.

--.llllllw-
SO-RD OF Excisr.. moNDAI, 3i IT II

wha keeps a glass and china warehouse in Great
Ouryri-toriut. Lincoln's Inc-fields, wss charged on an information
kecr..:g pitee for the manufacture of glass without its being
he was lutiile toe penalty of 24inl. There were
othe.. t. obts, eack the same penalty.
.ties weer I•Knight, an Li,iise officer, deposal, that on thy
ii.st he, with two °thee officers, went, in COII%ffiIICMCC
Ci ilforoviii in he received, to a house in Cliequers-wmane, 't.
Luke's, ohe,e, on searching, they found in the cellar a fernacc for
making glwr, two crucibles charged with glass, and a leer adjoin-
ing the fumsn p:rtly charged with glass; there were two men and
a boy there. 'lvey also found 34:1gle's bottles, consisting of Ills-
carat oil ant! scent bottles ; there were two brass moulds there in
which the bottles had been cast. While the officers were there the
dakndant's son arrived with a bag loaded with cullett, ready to put
jinn the pat. The whole of these articles, furnace, fee., were seized.
ipules Jaffe, another officer, who was with the last witness,