The Sun.
London, England, 1865-12-22 00:00:00

Singular Accident.

In the Manchester County Court, on Wednesday,
an action to recover £5O was brought by John
Walmsley, beerhouse keeper, Henry-street, Oldham-
road, against a tripe dresser, named Samuel Kay,
living in Jersey-street, Ancoats. Some months ago
a disagreeable smell arose from a sough in the plain-
tiffs cellar, and it was thought that it proceeded
through the medium of a drain, from the defendant's

premises. In the month of August a mass of stearn

was thrown up from the sough, and when the nature

of the defendant's business was considered, the
opinion which had been formed received a corrobo-

ration. Eventually a flood of water, containing a
large quantity of offal from the process of ttipc
dressing, found its way into the plaintiff's cellar, and
a most offensive odour was emitted ; and in conse-
quence, it was alleged, the plaintiff's wife and child
became ill, his customers ceased to visit the house,
the plaintiff was obliged to betake himself to lodg-
ings, and he sustained altogether a loss of more than
£5O. An investigation was made, and the nuisance
was traced to the defendant's premises, from the
back of which it was found the defendant discharged
his refuse. From the point where this refuse left
the defendant's premises, two drains ran in con-
trary directions, one of them being a drain which
was under the supervision of the Corporation.
This, it was discovered, had become so ob-
structed that anything discharged into it
was afterwards forced into the other drain,
of which the Corporation had no cognisance,

and the free communication of which with the main 4.

sewer had been impaired by the " settling" of the
ground. It was through this last drain that the filth
passed into the plaintiff's house. It was proved that
after the plaintiff's cellar had been drained of the
water, there remained a heap of most offensive filth
six or seven inches deep. The judge (Mr. Ovens)
said he was surprised that the authorities allowed
such matter to be turned into sewers. He asked if
there was not a by-law to prevent such a proceeding,
Mr. Francis, surveyor to the Paving Committee of
the Corporation, said he was not aware of any by-
law of the kind. The drains were calculated, if in
proper order, to carry off refuse from tripe dressing.
Mr. Ambrose, for the defendant, said he had a right
to use the drain. Mr. R. B. B. Cobbett, for the
plaintiff, said he was not going to raise any ques-
tion as to the defendant's right to use the drain,
but he had no right to create a nuisance. The
judge said it was desirable to see how the two
drains were connected. If that which passed under
the plaintiff's house was a private drain, a man had
a right to use it only as far as he had a right to
easement against his neighbour. If it was a public
drain it would make all the difference. He could
not see any objection at present to the drain sanc-
tioned by the Corporation being used for the dis-
charge of anything which could fairly pass. He
could not see how the refuse got into the private
drain. If it was discharged into the public one and
then, through some fault not resting with the de-
fendant, got into the private one, there was no case
against the defendant. For the purpose of an ex-
amination being made, he would adjourn the case to,
the 15th of January.

In the Matter of the .Public Service.
(BEING A LETTER TO A COLONIAL GOVERNOR.)

Mr dear Sir Adolphus, —
You ask me what you should do if an insurrection
were to break out, after all—if, for instance, 30 or
40 white men should be massacred. Do ? Nothing
can be more simple.

In the first place, you should immediately disband
the troops. Bayonets are the last resort of tyrants.
In the second place, you should send away any of
her Majesty's ships that may happen to be cruising
near the island. I tremble to think of the conse-
quences if an infuriated gang of British sailors
should be let loose upon negroes who have only
put a few whites to death and mutilated their
bodies. In the third place, you should disarm the
volunteers. if those murderous ruffians were to
be surrounded by a justly indignant multitude of
intelligent African labourers, and if they were, as
they would deserve to be, pelted with brickbats and
stones, I am convinced that the dastards would fire
upon the inoffensive crowd.

Having thus proved that you had no intention of
coercing .an amiable but enlightened people, I
would recommend you to invite their leader—who
accused you of stealing a piano—to dinner at Go-
vernment House. Between ourselves, I can hardly
believe that you really purloined the musical in-
strument in question ; but as the coloured gentle-
man is a personal friend of Mr. Chamerovzow, that
good and gifted man, it would be rude to say that
he is a liar.

Your next step would be to distribute tracts
amongst the poor blacks, who will by this time have
assembled in considerable numbers.

All this beicg done, I should then recommend you
to try the efficacy of moral force by proceeding in
person, and unarmed, to their camp.
But as a mere matter of worldly wisdom, I should
recommend you previously to make your will.
Bear these principles in mind, my dear Sir Adol-
phus, act upon them, and you will earn the eternal
gratitude of Exeter Hall, and of the Lambeth Baths
—of Mr. Chamerovzow, and of Mr. Murphy. To
be sure England will lose the island—what of that ?
Act otherwise ; and I will tell you what will be
your fate.

You must remember that Lord Palmerston is
dead, and that as your name is neither Elliott nor
Grey, you cannot rely for support upon Lord
Russell.

Public meetings will be held, a deputation, con-
sisting of a China merchant, a dissenting minister,
a blind man, and a street preacher will wait upon
the Premier ; a commissioner will be sent *out to
Sugar-cane Island ; you will be superseded ; you
will be put upon your trial ; and you will probably
be disgraced —Fun.

MARKETS—This Day.
-4.

M ARK-LANE.

The arrivals of English wheat, fresh up to our market,
to-day, were very moderate, yet the trade ruled quiet, at
Monday's currency, The condition of the produce was
tolerably good.

The market was fairly supplied with foreign wheat. In
most descriptions a moderate business was transacted, at
late rates.

Floating cargoes of grain moved off slowly, at late rates.
The supply of barley on sale was tolerably large. The
trade, generally speaking, was dull, at the recent fall in
prices.

Malt sold heavily at last week's currency.
Oats were in fair supply and slow request, agate prices.
Beans were a dull inquiry, at the late decline in their
value.

Peas met a slow sale, at late rates.
For flour there was a moderate demand, at previous
quotations.
The Corn gxchange will not be reopened till Wednes.
day next.
SHIP ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English and Scotch. 1170 3410 2000 3260 1120
Irish .................. 360
Foreign ............... 2500 3990 6910 1330 sks.
310 brls.