The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-21 00:00:00

ing and merinos blow at the very safety of all machinery, and glass
a cheek to the further progress of the must important Of out
national advantages in the Arts. He should, with those 'bum.
tion., leave the rase, with perfect confidence. in their hands.
The LORD CHIEF JI,STICIt in summing up, observed, that
the complaints alleged in the declaration was for a outshone, sad
which arose from the smoke, heat, and noire, occasioned by the
erection and working of the defendant's steam-engine. As they
had expressed their opinion as to the smoke and heat, it would not
be nectewary for him to say more on those parts of the oat. But
indeed, if they had not, the evidence on those parts weans uneatia.
factory, that he thought it must have failed. The ream:Ming point
then was the noise. It had been urged, that if they put down this
steam-engine, they would in effect be doing an itijury to all the On.
nufacturers in this metropolis. flow far that might be he did not
know ; but this he knew, that if a person did an act which was a
nuisance to another person, lie must bear the consequence', what.
ever they might be. But he should hope, however, that if their
verdict should be against the defendant, it would net be the de-
struction of his property, but that he might very practicably re-
move his machinery from the place where it was now situate, to
some other, farther from the plaintiff, although it might be attended
with some expense. It wet always satisfactory to know, that the
verdict for the one party should not work immoderate injure to the
other. It was very true, that in this metropolis every class were
exposed to much annoyance that could not be prevented ; but if
any individual, whether in a high station or a low one, experienced
a considerable inconvenience from the art of another, either in his
comforts or his health, by the erection of any noisome or noisy ma.
chincry, he was entitled to tedreas at the hands of& Jury.
The Jury consulted about two minutes, and then returned a ver-
dict for the plaintiff: Damage. Is., the effect cf which will be the
t. abatemnt of the nuisance, either by renwesing the atearn-engine
altogether, or by its being so constructed arid worked as not here-
after to produce the effects now complained of.
WEISS v. PRUDEN.
This was an action to recover the aim of 16111. Which the defen.
dant was stated to hate rendered himself liable to pay to plkintiff, by
having fraudulently represented the person by whom the debt was
originally contracted as a respectable and solvent Man, when, in
fact lie was, to the defendant's knowledge, at that tinak an in.
solvent.
Mr. SCARLET? and Mr. PM-Loge were Counsel fro the
plaintiff; and the ATTORNEY-GENERAL and Mr. CAMPBELL
for the defendant.
The circumstances of the ease were these. The plaintiff Being •
cutler and surgeons' inetrument-makci, tesiding in the Strand,
vs', In the month of September, 1821, applied to by a person of
the name of Miller to credit him with some cutlery goods to take
out to India, whither lie sou about to sail in a short tiger. 'The
plaintiff not knowing Miller, spate of the propriety of his having a
reference to some respectable marl, who could speak to his charac-
ter. Miller mentioned the name of the defendant, and said he was
his particular friend. The defendant being known. to the plaintiff.
the latter promised td apply to him, and accordingly he requested
a friend of his to call on the defendant end ascertain Whether Mil-
ler was a person worthy to be trusted with goods to the &Mount of
3or 4001. This posh, whose name vu Pioster, called on the
defendant as requested, and having explained to hiin the applica-
tion made by ;tidier to the plaintiff, he asked whether Millet *as a
person worthy of credit? to which the defendant replied, that he
was a very respectable man, that he (dtfenclAnt) had bad consider.
ab:e dealings with him, arid had trusted him to a large amount.
and that he had always paid him honourably. This *u commu.
nicated to the plaintiff; and When Miller called again, the plain-
tiff, on this representation, agreed to let him have goods to the
amount of 3201. upon the usual terms—that is, half in cash, and
half in a bill at 13 months. The goods were made Sp Ind invoiced
to Miller. They were then sent to Messrs. Taylor 014 klts. Eas'
India ship-brokers, who sent them to India on iceboat Of Miller.
Miller's bill, for the remaining 1601. *as ii' ' had Millet
t=
subsequently became a bankrupt, and had nil' at ditidend.
'f he plaintiffafterwards ascertained that Miller bad Yid consi-
derable dealings with the defendant, audit also appealed Miller
hid been a bankrupt in 1816, and had paid between Ni ei7s, in
the pound upon that coremission. Letters had sled ftalfaamd by
the attorney under the second commission, among MEW/ ,
written by the defendant to the plaintiff, longtbefore Illo.l=l
had itepresented Stiller as being worth, of credit; bugsoth
letters, dated the 7th of March, 1820, was addreelitasa Mier. at
Calcutta. and spoke of a Mr. Watt being Very enmesh hint at net
being able arrest Miller before he left the coundy I, end that he
( Watt) had blamed the defendant is hating assisted 'Mr In by
escape. The defendant in this letter also said, that Maid paid
Watt 4001. on his (Miller's) account, and had twenties* that the
balance due to him should be paid so soon is it had bun Memtained
by the person appointed to arrange their sceotinta. The nthfi
had also sweetened that Miller was then going to t7ateaßa with
goods; that he afterwardi rettirned With a ktter of eteditilorn the
house of Palmer and Ca. at Calcutta, on the house dfs Baring and
Co. hi London. for 6.0001. upon his (Miller's) consigning goods
to Palmer and Co. to that amount, and depositing the bills of lad-
ing with Baring and Co. ; that part of the goods procured by
Miller for this purpose, was the Foods actually obtained by him
from the plaintiff, on the representation of the defendant, lad that
out Of the 3,000 L which hi reeeived front Besiarg and Os-ve we..
count of those and other goods, no less a stun thin !ANL had bah
traced into the hands of the defendant.
dlr. et gAeLetry contended, that on theie !bets being clearly ,
proved, it would be obvious that the representation made by the
defendant could be with no other vied than to enable Millet to r-o- •
cure goods to consign to Palmer and Co., so as to entitle hint to •
the 5,0001., for which he had a letter Of credit on Bating, and then
having obtained that, to be able to pay him (the defendant) the
balance owing to him by Millen This motive then, coupled with
the knowledee that the defendant Must have had of the insolvency
of Miller. sufficiently brought home to him a fraud upon theplaintiff„
and which rendered Him liable to the plaintiff to the fall amount of
his loes by the transaction With Miller.
To prove these facts, several wimemes were called.
An account current between Miller and the defendant was also
put in, In order to show that a consider-ethic balance was due to the
defendant prior to the titne when he recommended him to the plain-
tiffs, worthy of credit, and the inference wail, that that recommen-
dation was tainted by a sinister view.
The A vvonit EY-(JENEEtAt. for the defendant, argued that the
very account just produced by his ',earned Friend, showed that
the defendant was not merepresenting Bit. !Oilier at the time he
spoke of him to the plaintiff's friend, fbr by that seenimt it woulti
appear, that the defendart had lent Miller upwards of 20001. after
the goods had been obtained by him from the plaintiff. The
question was, did his client know that Millet was insolvent when
he spoke of him to Mr. Proster ? Nothing had appeared in evi-
dence to show that he did ; nay, nothing had appeared to prove
that Miller was insolvent at that time. As (o the commission of
bankruptcy in 1815, it had nothing whatever to do with the case.
Miller had obtained his certificate, and had entered upon the world
as a new man. With regard to the letter written by the defendant
to Miller in 1820, that was easily. explained. It often happened
that men claimed more than their due, and finding that the
person of whom they claimed was about to leave the kingdoia,
they retorted to the remedy of arrest in order to detain him.
Now that person feeling that it was an unjust claim, and
anxious to avoid delay, very naturally sought to elude the vigi-
lance of his creditor, while at the same time he entertained not the
most remote wish to defraud him of his just demand. Now it ap.
pcared by this letter that the claim of Mr. Watt, who had been
formerly an agent to Miller, was no less than 1,2001., 8001. of which
Miller disputed ; was it not natural, therefore, for him to seek to
avoid being detained in this country until that dispute was adjusted!
And was there anything eetraontirraty in the defendant, who was
Miller's friend, and who knew the circumstances, writing to htm
on the subject ? Nothing, then, had shown that Miler was insol-
vent, or if so, that the defendant knew it. The Jury must have
c'ear, Ratisfactoty, and indisputable evidence of the fact, for the
plaintiff was here endeavouring to bring home a fraud to a respect-
able tradesman, and such a charge must not be the result of a mere
inference, which was all that his Learned Friends relied upon for
the obtaining of their verdict t but inference in such serious cases
could not be tolerated.

The Loin) Cttirn JtAt.len briefly summed tap the evidence.
and left it to the Jury to say whether it had been sufficiently 'nude
appear that the representation made by the defendant was with a
fraudulent intent to prejudice the plaintifT in order to rime
spit ? or whether it was done Irma fide. and as his real orinion of
Miller at the time in question ?
Th:. Jury deliberated a few minutes, and then returuel a verdict
for the defanlant.

THE 1/NO V. tronaosr.
This was an indictment for a nuisance, arising from the magus
factory of the defendant for melting and rolling lead and drawing
pities, situate in St. Martin's-lane, Tower-street, and which emit-
ted such a stench and offensive effluvium, together with large volume-4
of dense smoke, as to render the place unwholesome not only to the
persons residing in the immediate neighbourhood, but to all his
Majesty's liege subjects who passed to and from that place.
Mr. tiluttNEY and Mr. BOLL AND were on the part of the wows •
elation, and Mr. A SOL en us and Mr. T spats. for the defendant_
Twelve witnesses were called to prove the nuisance, who all spoks
of the stench and smoke to be in the highest degree intolerable.
The Lord Mayor also attended as a witness to pnwe that he had, a.
Alderman of the Wank called on the defendant and cautioned hi
previous to the ereztion of his steam engir:e, not to erect it, Si it
would certainly he deemed a nuisance and suppressed as such. Hi
Lords:Mi came in his robes, and was attended by his sword at •
mace bearers and the City Marshal. Re took his seat on the bout
with the Lord Chief Justine.
Mr. AntaLeutis addressed the Jury for the delendanL and ash.
that he should be able to prove that these premises had liven k-
at), years in the occupation of a sugar-baker, who had live chin,
nies emitting smoke continually, and consuming annually no ks
than six hundred chshlroit of coals, and that still his was not
deemed a nuisfnce ; whereas the defendant had but one chimney,
and consumed but one hundred and twenty-6ve chaldros of cos:
yearly, so that the inference must be, that the defendants could ac,e
be a nuisance as to the smoke. With regard to the other points, lie
should produce upwards of twenty witnesses, who lived in the
neigUbourhood, and were in the habit of passing the premists eve:
day, all of whom would swear that they never experienced any ni
since or disagreeable smell from the derendaut's manufactory._
The Learned Gentleman then called his witnesses.
The Loan eittEr .Irsricr summed up the evidence; sett
the Jury returned a verdict of—Not Gaikp.

On Tile,lay last, as Mr. Stevenson, land steward to Owe
Earl of Darnley, was riding on horseback in company wf :t
his Lordship and 11r. Collis, at Cunton, he was taken 1.! t
fit of apoplexy, fell from his horse, and instantly eapiree..
.I.faids to le Gaze:te.