The National Register.
London, England, 1822-08-25 00:00:00

RANKIN O ACRAMAN AND OTHIRS.

TUESDAY. AUGUST 20.—This was au a..tion for a nuisance.
Mr. Adam led on the part of the pidtutitt and Mr. Seroeiint
Pell appeared for the defendants.
The plwintili is a timber-merchant carry.ig on business in
Bristol ; the defendants are great anchor-smiths, hating cuuti-
guous premises in the same city ; and the complaint WAS, that
Messrs. Amanitas had of late much extended their manufactur-
ing operations, erecting new furnaces, forges, and engines,
whereby so much smoke and foot was driven into the deal jard
of .‘lr. Rankin, that his goods were injured, and his repusitury
rendered untenable. .

It appeared faun the evidence in support of the case, that the
inconveuienne. sustained by Mr. ltankio was considerable. Near
live and thirty Hues ran from the manulactui.i of the defendants,
which covered the timbers of the plaintiff with grit and soot
to such a degree as diminished tbesr saltable value.
Mr. Sergeant Pell relied, for Messrs. Acrstnans, die delta •
dents, upon slowing that the priority of occupation was in them;
and that the plaintiff Or. Rankin) hair tales; bt premise► sub-
ject to a very material proportion of the moot eumuce lie now
complained of.
Mr. Justice Burrough, when the cause had occupied some
time, suggested the advantage to both parties, of a reterence.—
It was well known that these cbeinnet s could be trade to con-
sume their own smoke.

.....
Mr. Sergeant Pell said, that be would make the plaintiff an
offer. The defendants were willing to tsar his yard alt his
hands, at any rent which a hur appraiser might put upon it.
Mr. Justice Barroo.;11 tiwujlit the piop.,uat extremely tea-

277.

sonable ; but terms could not be @greed upon, and the ow-,
proceded.
Mr. Sergeant Pell then addressed the jury nn the part of the
defendants, and was on the point of sitting down at the con-
clusion of the address, when the plaintiff agreed to refer all
matters in difference.
Mr. Justice Burrough commended the determination.
A Juror was then withdrawn by consent, Messrs. ACMI2I2I
Ole understand) being to take Mr. Rankine/ premises.

NORTHERN ClRCUlT.—Arimanv, Atio. IP.
The Lord Chief Joslice having this day opened th•
commission and gone to church, presided first at Nisi
Prins, and afterwards tried the prisoners.
John Paxton, a decent looking swan, about 51 years of
ace, stood indicted for stealing a grey mare, the property
of John Whitearnith, of Tailhert, in the parish of Ship,
on the 21st day oh May last, which lie fold for el. The
evidenee toeing clear and deeisive, the prisoner was found
guilty death.
John Austin, a young man 'bunt 0 years of age, stool
indicted with feloniously and maliciously slaying, coffin
and maiming lee sheep, otherwise ewes. otherwise tee
lamb., the property of Mrs. Mary Close, widow, on itte
9th of May last, at a place called Winton Gill, or Hill.
Mr. Courtney conducted the prosecution.
Joseph Close, son of widow Close, deposed as to the
tar 1.

John Hardcastle corroborated the former witness as to
the store in w Web the sheep were found, with their throats
cut. &c. on the moil,. of the 9th of May last.
The prisoner, in his 'defence, told an unemberreeeed
plain story about the Closes continually kenneling his meow
tees sheep, and assaulting him, winch put i/1111 in peril of
his life, and witness 's master, satisfied with the malice
they bore him, did all he could to protect him (the pets
boner) as his servant.
Mr. Alderson submitted the point of law, whether me..
lice being proved on the part of the prisoner towards the
sheep Isom the act of coming their throat's, or towards
the two brothers, would amount to malice towards the wi-
dow Close, whose property the sheep were, with whims
the prisoner never had any !ion so as to inter
malice towards her; and if so, whether 11114 would ansimitt
to maliciously cutting and niiiiming within the aseautug of
the Act of Parliament. _

The Lord Cotet Justice said, he should reserve the
point for the consideration of the Judges. He remarked
upon the inconsistency of the Closes, and left it to Jury to
find their verdict of guilty or not guilty. If they low .1
the prisoner guilty, they would say whether the killing
and manning was with malice towards the owner of this
sheep, or towards the sons of the widow Close.
The Jury found the prisoner guilty from malice, not
towards the sheep, or widow Close, the owner, but from
malice towards her sons, Joseph and Wiltiam Close.—
Sentence of death respited lOr toe opinion of the twelve
Judges.

MEETING TO RAISE A SUBiIItiPTION FOB f 77 if •

FORTUNATE 11 RN Is.

On Monday evening, at eight o'clock, a meeting was
held at the Whi..e Lion public-house, St. Alhan's-places
for the purpose of raising a subscription for Byrne, the
unfoitunare man who was public!), whipped in Ireland
on the MI-anions charge preferred against him by the
Bishop of Clogher.
Tire room in which the meeting was held being very
many persons could trot gain admittance. Had it
been more sA to it would have been cratnitied.—.
Numbers were staading ni front of the horse.
Ex-Sheriff' Nest N 9 tank the chair, at the unanimous
wish of the company. Ott doing which lie took a re-
new of Byrne's ease, and concluded with an appeal to
the emit patty to promote as h as possible the otjtct
for winch they had met,
A Mr. KAVEDIAGH next addressed the meeting.—He
said, that he was chairman at a meeting at the York
Minshr Tavern, Ninth A tidley-street, where a subscrip-
tion haul been raised for unfortunate Byrne, whose se-
vere plinishinert he had witnessed in Dublin, arer har-
ing been coovicted on the charge of the 13:shop. On that
oceasirm Byrne, who was a line looking young man, Wall
tied to a car, and whipped hy •,u athletic MIMI, the dis-
tance of a mile and a halt, at leegth he became so
exhausted as to loose the use of his legs, but still the
punishment was continued. Sa enraged were the mul-
titude that followed, at the plea of Byrne's crime, that,
although he had received the selere punishment, they
called out to the I.loler to lay it on him, arid the popu-
lace seemed to exult and carmuler tile inutishitient too
lenient, so lugh was the Bishop of Clogher in their
estimatiou. On his being Fellow ed from thecae he was
covered with blood, and missies of every descripti 111 l ,
which the mats ltn l p••lted at hint ; and he (Mr. K.)
War one of the most motions to punish him in this way,
SO eXCCSSIre was his indsgoation at the insult finer, d to
the Protestant Church. Na one could regret more than
lie did that he had taken to active a part, and now he
felt desirous to promote the welfare of the individual so
much injured.
lit the course of the evening several other speeches
were delivered, and a subscription was entered %M 0.....
resolutions We're proposed anti carried, and it if
the Intentioit to raise a subscription to enable Byrn.. to
t titer itita some busiucss, Wittrrby he may live eons.
furtably with Ica faintly.

Uu Mon•lov of at eight o'clock, being high-
wauer, Lord Hemlock r.ul neatly fallen a sacrifice to the
w ttery element, in einistipience of cootintung nut of his
tteptii, fri.nt uite of the Lathing machines, situated to
the westward of LeWeb, lint far from his present reii•
deuce, Velhant.plact 1.10. lordship was suddenly seised
with cramp. and front his calling out, his danger was
immediately ascertained by two sailors, who with pronitt-
' le launched a boat from the shore to his assistance,
add we have touch pleasure in coot nunieuting, tescuul
his lordship front his perilous situation.
On Tuesday last, one of the Bligitton csaehes passim{
by the Asylum, in consequence of the pole breaking,
and the homes bi.coming u manage .ble upset. by which
unfortunate accident several of tne pectsengers racuiveti
ratuus injnry, and a child %ea very much butt.

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