The Sun.
London, England, 1849-12-10 00:00:00

MAGAZINES, &C.--(CONTINUED.)

TAIT:S.

Tait's Magazine for December is full of interest.
The delightful paper on " Amicitzn Shhkspeariante,"
is continutd, from which we quote the following
beautiful and truthful remarks :

"Lorenzo, the husband of Sb) lock's daughter, Jessica,
struck with admiration at her (Portia's) self-denial and
disinterested generosity, exclaims,
" ' Madam! although I speak it in your presence,
You have a noble and a true conceit
Of God-like amity.'
" To this she replies:—
" I never did repent for doing good,
Nor shall I do now, for in companions
That do converse and waste the time together,
Whose souls do bear an equal yoke of love,
• There must be needs a like proportion
Of lineaments, of manners, and of spirit;
Which makes me think that this Antonio,
Being the bosom-lover of /I y lord,
Must needs be like my lord. If it be so,
How little is the cost I have b.stowed
In purchasing this semblance of my soul
From out the state of hellish cruelty 1'
" There is is, and philosophy here, and a distinct veri-
ficalion of the first half of our proposition—'Friendship
is based on similarity and contrast.' Portia justly reasons
when she thinks that Antonio must nt cessarily resemble
Bassani° in all the leading featuri s of bis character and
manuers—similia similibus, noscitur a weds, are axiom-
atic. She, however. goes a little too fur when she in-
cludes in the series of resemblances. But
she was a woman, and this is her excuse.

" Here, tr.,ain, Re see the expansive and diffusive in-
fluence of this relation. It first chains you in sa eetest
bonds to a single individual, then to all be loves, and
then to tha whole circle of humanity. We have no con-
fidence in the theory of those who would have us believe
that we must first embrace, in the ample folds of our
affections, all the myriads of the world's population, and
then, proceeding inwards by a system of concentric
circles, arrive at last at the solitary central individual.
No; we must b, gin at the individual, and end with the
specks. Our love must be like the wavy circle produced
by the projection of a stone into the calm, deep sea,
which widens and extends till it loses itself amid the
distant waters of the boundless waste. It may be here
objected—As it is impossible that we can love as friends
without first loving as worshippers of Deity; as our
affections must flow to man through the medium of God;
and as He is infinite; do we not thus first love the uni-
versal, and then the particular?—do we not first love the
All-embracing, and then the all-embraced ? Our answer
is this, that while it is perfectly true that, in order to a
stable, disinterested, genuine friendship, we must first
love that Being from whom all our affections spring,
and to whom all our affections should return, we love
Him not as many, but as one—not as multitude, but as
unity—not as an abstract universal diffusion, but as a
distinct personality. We love Him as an individual
Being—we love Him first as the centre, then as the cir-
cumference, of the universe. Tbus, in loving primarily
the Deity, we do actually proceed from the one to the
many, from the simple to the complex, from unity to
multitude, from the particular to the universal, from the
solitary individual to the mighty class of Being."
" The Double Trial," a tale of circumstantial
evidence, is as its name almost indicates, a story of
horr.ble but fascinating interest. A murder has been
committed, a young girl is accused, found guilty, and
executed. Years after a man is accused of the same
crime, and also found guilty, and ultimately it is
discovered that the crime had been committed by a
third and unsuspected party. So much for circum-
stantial evidence. Mr. St. John's romantic and pic-
turesque journey:" There and Back Again" is continued.
" A Legend of Ulster," by Francis Brown, " The
Position of the Colonies," " The Correspondence of
General Wolfe," criticisms, and poems, till up the
remaining pages of Tait.

HAY MARKET THEATRE.

On Saturday evening Mr. Macready completed the
first portion of his farewell engagement in the cha-
racter of Macbeth. During the two months that he has
been engaged here he has appeared in the charactersof
Macbeth, King Lear, Hamlet, Othello, and lago, and
every night of his performance the house has been
crowded. On the Saturday the crush at the opening
of the doors was terrific, and the reception of
Macready by a house crammed to suffocation in
every part most enthusiastic. lie was called for at
the termination of the tragedy, as were Mrs. Warner
and Mr. J. Wallack.

PRINCESS'S THEATRE.
Signor Schirra's long-promised opera of Mina was
produced here on Saturday, and met with complete
success—success owing rather to the exertions of the
artistes, and the music of Signor Schirra, than to
the merit of the librettist; for a more clumsily deve-
loped plot and rhymes more akin to nonsense verses
have seldom been inflicted on a patient public.
Signor Schirra must be possessed of musical
talents of no common order to have been
enabled to make as much as he has made of such
wretched materials. We will now endeavour
(although the task be somewhat difficult) to convey
to our readers some notion of the plot. In the
sixteenth century, Christiern, King of Denmark,
invaded Sweden; and having gained possession of
Stockholm, Gustavus `'Vasa (the rightful heir to the
Swedish crown) fled into exile, followed by many of
his nobles, among whom was Count Oxenstiern,
Vice • Chancellor of Sweden. The Count, being a
staunch adherent of the fallen Prince, resolves to
devote his life to the recovery of his royal master's
heritage. For this purpose he resides with his daugh-
ter Mina (Miss L. Pyne) under the assumed name of
Ritson (Mr. H. Corti) near the mines of Dalecarlia (the
only property Christiern has allowed him to retain),
waiting a favourable opportunity for furthering his
political design, and relying upon the aid of the
miners, who he knows to be attached to his person,
and ready at any moment to espouse the cause of the
exiled Prince. Dalecarlia, therefore, is the scene of
action chosen by the authors. To the government of
this province, a timid and vacillating individual,
named Ulric (Weiss) has been recently appointed.
His morals, moreover, are not of the purest ; for
it appears that previously to a visit to Stock-
holm; of which he speaks, he had been engaged
to Jenny (Mrs. Weiss), the waiting maid of Mina;
but on his return, being inflated with his new-
born magisterial dignity, he breaks off with the maid
and makes love to the mistress, presuming that Ritson,
her father—who is suspected of being a partizan of
Gustavus—will scarcely dare to refuse her hand to so
exalted a personage, and one whose political position
would afford protection to his family in case of need.
But an unlooked-for difficulty arises in the shape of a
young Frenchman, the Count Dorville (Mr. Harri-
son). He made a pilgrimage to Sweden to offer his
sword to Gustavus, and finding the prince already
dethroned, is shipwrecked while returning to his
native land, and would have perished but for the aid of
the prince, whom he accidentally encounters, and
who bestows upon him a ring, taking one from him
in exchange. This Dorville, during his sojourn in
Dalecarlia, resides at the house of Ulric (who, it ap-
pears, is an innkeeper as well 413 a magistrate), where
he runs up a long account, which he is unable to pay;
and not content with consuming the eatables and
drinkables of the worthy magistrate, the Frenchman
also makes love to his mistress. Dorville and Mina fall
in love with each other; but Mina, who supposes herself
to be of humble extraction says she is no match for
Dorville, who is of noble birth ; but as he observes
archly, " true affection levels all ranks,",and when he
tells her that he will " fly on the wings of love " to
France and back to gain the consent of his king to their
union, she is so touched by his aeronautic devotion,
that she responds to his high-flown sentiments
kindly. Before his departure he sends her by Jenny
a ring and letter, which are intercepted by the
jealous burgomaster, who, seeing on the ring the
name of Gustavus, and on the letter that of Mina,
immediatly takes Dorville for the fugitive
prince, and resolves to arrest him in order
to gain the reward offered for his apprehension
and revenge himself on Mina. In the meantime in•
telligence bad been conveyed to Ritson of the arrival
of Gustavus, who is secreted in the mines. The
arrest of Dorville is imtnediately followed by that of
the " true prince," whose " whereabouts" in the mines
has been discovered. The burgomaster and military
authorities being in doubt as to which is the object of
their search, Count Dorville, who owes
a debt of gratitude to the prince for
having saved his life, contrives by means of
the ring of vehich we have spoken, to pass himself
off as Gustavus, and surrenders on condition that the
gentleman caught in the mine be set at liberty. Thus
ends the first act. In the second we have a horror-
stricken burgomaster listening t‘i a storm, and " re-
volving in his altered soul" whether he shall take, the
Danish or Swedish sile of the question, as he is un-
certain which may uliimately triumph. Tired of
politics and Mina, he ratans coca more to Jenny.
Now sentinels are intoxicated, and everybody escapes
into and out of a mine, which is ul imately blown up
amidst slic-utot "Long live Gustavus I" The lovers are
united, and the eurtsill falls upon a happy denouement.
The music by Signo Scbitra is light, expressive, and
characteristic, full of melo•ly, and possessing all the
buoyancy of the modern Italian school—a school at
which your heavy German critics are wont to sneer,
for the same reason that lame persons sneer at
dancing. The tunes of Mina (for there are tunes in
this opera) will no doubt become popular, and albeit
there are to be found in the opera sundry reminis-
cences of the works of other composers (as is always
the case in a first work), yet there is to be found
originality and knowledge of music sufficient to show
-that Signor Schirra is capablelof great things, and we
urge him therefore to go on, taking care, how-
ever, to provide himself the next time with a good
libretto, for the libretto constitutes a much more im-
portant element of the success or failure of a lyrical
drama than composers can be brought to imagine.
In the overture to Mina there are some passages of
high merit, and the introductory chorus is full of
character. The air "I'm but a lowly maiden," sung
by Mrs. Weiss, is one of those beautiful pieces
of pure melody that once heard are never
forgotten, and Mina's first song, " They
twine the bridal wreath for me," exquisitely
rendered by Miss Louisa Pyne, is one of the most
graceful :ot compositions ; it was much applauded.
Her duet with Harrison " Mina, ere I go from
thee," was well rendered by both artistes, and will
become popular. Mr. Harrison has been exactly
fitted iu the ballad " I have roamed the world
over," which suits his style and his voice exactly.
and which elicited an encore. The romanzs "
my dreams I see him," is a pleasing sentimental com-
position, which was delightfully rendered by Miss
Louisa Pyne, who subsequently gave the
"In our forests of oak,' with a quaint
and arch simplicity that told most effectively.
Her execution of the finale was exceedingly fine, and
brought down the curtain amid shouts of applause.
Harrison not ,only secured an encore for his first
ballad, but he had the same compliment paid
to his second ballad, " Ne'er till life shall
leave me," a composition which will no doubt be-
come popular among the admirers of the Harri-
sonian school of vocalization. Weiss was exceedingly
effective as Ulric ; he seemed to revel in the buffo
music assigned to him, and managed to make fun
notwithstanding the " pure no meaning" of the
words which the librettist put into his
mouth. The buffo duet, "In each chamber
I've looked," was given with great spirit and
true comic humour by Mr. and Mrs. Weiss. The
choruses were, generally speaking, full of spirit, and
among them we would pointeout the soldiers chorus,
" Wine, wine," as particularly worthy of commenda-
tion. The piece was admirably put on the stage, the
scenery was beautiful, and the melodramatic effects
were cleverly produced. The theatre was:very well
attended.

EXTENSIVE FlRES.—Yesterday (Sunday) morning,
shortly before four o'clock, a fire, attended with a con-
siderable destruction of property, broke out in the pre-
mises occupied by Mr. Joseph Parting, a watchmaker and
jeweller, carrying on business at No. 114, St. George's-
street (late Ratciiff highway). The flames when first
discovered were raging in the lower part of the building,
at which time the residents were in their beds asleep.
The constable on the beat, by springing his rattle and
knocking at the door, succeeded in arousing the inmates,
but so firm a hold had the fire obtained of the building,
and so intense was the heat, that the parties bad the
greatest difficulty in effecting a safe retreat. The whole
of the inmates, however, were fortunate enough in get-
ting out of the blazing building without receiving
any personal injury. Shortly before the above
fire occurred, one of a very alarming charac-
ter, and which at one period was supposed was
attended with a great loss of life, happened at
No. 19, Alfred place, Newington-causeway, in the tenure
of Mr. Hooper, a linendraper and silkniererr. The
flames could not be extinguish( d until they had travelled
completely through the building. The premises of Mr.
Mahon, dealer in cigars (No. 20), and Mr, Good, painter
(No. 18), are also damaged by fire, water, and hear,
So intense was the excitement at one time that the
crowd would not believe, until the firemen had searched
the ruins, but that a fearful lose of life had happened.
Other fires occurred during the night from the upsetting
of naptha, lamps; one was at 3, flungerford-arcade,
belonging to Mr. Ellsey, newsvender; the other was at
16, New Church-street, Portman market, belonging to
Mr. Charles Knapp, general salesman. At both places
a deal of mischief was done, and Mr. Ellsey unfortu-
nately was severely burned over the hands in endeavour-
ing to get the flames extinguished.
Fame's loudest blast upon the ear of Time leaves
but a dying echo!—Eliza Cook's Journal.
WESTMINSTER COUNTY COURT.—The vacancy
created in the judgeship of this court by the death o
Dennis Creagh Moylan, Esq., is to be filled up by the
appointment of Francis Bayley, Esq., the revising bar
niter.—John Bull.

n !,14. ,
ti; t* tttO

QUEEN'S BENCII.-(THIS DAY.)

QUELCII V. WAKLEY.
This was an action brought by Charles Quelch, a
bootmaker, in forma pauperis, to recover dama,es from
the defendant, Mr. Thomas Wakley, son of Mr. Wak-
ley, M.P•, and one of the surgeons of the Royal
Free Hospital, for neglecting his daughter whilst
placed under 'ds care in that institution.
Mr. Sergeant Wilkins appeared fur the plaintiff,
and the Attorney-General, Mr. Martin, and Mr.
Brammill for the defendant.
The case seemed to excite much interest, as the
court was much crowded. Mr. Wakley, M.P.: sat
uncle; the Attorney-General.
Sergeant \\TimmNs having opened the case, called
evidence to substantiate it.

Charles Quelch, the father of the child, was the
first witness. He eaid his child was now thirteen
years of age. On the 29th of March last his daughter,
Emma Quelch, fell down stairs and fractured her
thigh. He had her immediately removed to the
Royal Free Hospital in Gray's Inn-road, where she
was placed under the care of the defendant. The
limb was set. Afterwards she was much neglected.
On the sth of April a woman afflicted with the small-
pox, named O'Connor, was brought into the same
ward with his daughter, and two days after his
daughter showed symptoms of labouring under the
same malady. Shortly after he found that the child
was also labouring under syphilis, in consequence of
having had bandages applied to her which had been
used by women afflicted with that loathsome com-
plaint. sore 3 showed themselves on her body, and
she suffered much from them. His child was also
so much neglected that the bandages and splinter gave
way, and the leg could be moved about. The fracture
had not been reduced. He determined to remove her
from the hospital, and intimated to the defendant that
he should do so in consequence of the disgraceful
conduct pursued towards her. The defendant asked
him to call upon him at his private residence, which
he did. In the course of a conversation which he
had with him, he told him his child had the venereal
disease. He said, " How the devil can you know
that ? " He told him of the proofs. He added, "It
is beyond human power to save her, and when
she dies all evidence of that will die with her."
He said further that he would rather give him 1,0001.
than that he should remove the child, as he was in
great expectation of obtaining a professorship at the
University Hospital. He (witness) said his prospects
were nothing to him; in consequence of the way in
which he had treated his child he should remove her
—that he had obtained the interest of some influential
gentlemen connected with a public institution, and
that he should certainly remove the child. The de-
fendant said he would turn the nurses who had
neglected his child out of the ward, and have the
place fitted up fit for a princess, and in the event of
his child becoming a cripple she should be provided
for for life by the interest of his father. He had no
doubt he could give her the place of a lodge-keeper at
his country house. He also promised to aid him
in his business. He begged him to allow her to re-
main, and asked him to call and see him the next
morning (Sunday). He produced a sheet of note
paper, and asked him to sign it, which he (witness)
declined to do, as it would have exonerated the de-
fendant from all blame, and expressed his surprise
that he should hare made such a proposition to him,
after the determination he had expressed the previous
day to take his chill away. He consented, at the
request of the defendant, to meet him and his father
at the Lancet office the following Monday. After
some consideration Mr. Wakley, sen., putting his
hand. into his pocket said, " The man is an intelli-
gent man, but poor, and it is nothing but right that
he should be remunerated for his trouble."
He (the witness) said he Idid not ; come
there to listen to any proposal of the kind, and
said, if they had nothing more to say, that he would
take his leave. He told them that he should lay the
matter before the committee of the hospital on the
succeeding 'Wednesday, and Mr. Wakley, M.P., said
in reply to a question, that he should be there if possible.
In the course of this interview, on the 21st of May,
Mr. Wakley, sen., exclaimed—" Why, Tow, what
have you been doing with the limb all this time ?"
He replied, "He threw that aside altogether ;" to
which Mr. Wakley, M.P., replied " That's a d—d
pretty thing." Young Mr. Wakley, on his leaving,
said, " When you are before the committee, don't say
anything about me, and I will rise up and be your
staunch friend." On the 22d May, 1848, he
took the child to St. Bartholomew's. She was
there seventeen weeks, but the fracture had never
been reduced, and his child's leg was 2* inches
shorter than the other the bones lapped
over each other. Her condition was very filthy when
he removed her ; her leg was loose, and moved about
like a thresher's fail. He had frequently been
obliged to remove her excrement and water in order
to relieve her pain. She was always a healthy child
before she went to the hospital.
Cross-examined by the ATTORNEY-GENERAL—
Mr. Peacock was the physician to the hospital, and
the defendant was one of the surgeons. The wards
were divided into partitions, with curtains before
them. Mr. Jackson performed the operation of setting
the leg, with some other person whom he did not
know. The small-pox patient came in on the sth,
and was placed three beds off on the same side of
the ward. There was but one partition between the
patient and his daughter. There were three sores on
the child, one of which was on the bottom of her back
and another on the instep. Dr. Peacock attended the
child on the 12th, and wrote prescriptions in con-
junction with the defendant. Could not swear that
he saw the defendant write any prescriptions after the
12th of April. Mr. Jackson saw the child every day
in common with the other patients. Saw the
defendant three or four times after the 12th, but
could not say that he had attended his daughter.
He had admitted that his child had con-
tracted the venereal disease in consequence
of using bandages and sponges used by persons so
afflicted. Knew the child bad the disease because
she siselt of copaiba. He gathered from the expres-
sions of the defendant, with respect to the traces of
the disease dying with her, that it was intended to
bury the child. He had published a pamphlet upon
the natter, but did not send a man with placards
opposite Mr. Wakley's door in Bedford-square. He
had heard that a man he had employed to walk about
with one had gone there, but not with his instruc-
tions. He did not think the man knew where he
lived. The placard was headed " Caution to Parents
—History of a Child experimentalised upon in the
Royal Free Hospital, by Air. Thomas Wakley, jun."
Knew Mr. Healey, of the Medical Times. He sent
for him to come forward with his child as a witness in
a case in the Exchequer. He saw him in 1848,
whereas the pamphlet was not published until 1849.
Had seen Dr. Worthington, Dr. Cronin, and a person
connected with the newspapers. They did not
counsel him as to publishing this pamphlet. Did not
say, when he took the child away, with an oath,
"that he would have some of Waklay's shiners."
Never made improper overtures to two women in the
hospital, named Agnes Williams and Mrs. Weston.
He had lived five years at 10, James-street, Clerken-
well, and was a shoemaker. He had taken the child
to several eminent surgeons.
Mrs. Quelch, the mother of the child, deposed that
the name of the surgeon over her daughter's bed was
that of the defendant. On the ith of April the
defendant said to her (Mrs. Quelch) we have just
been re-setting your daug'eter's "limb, to which she
replied she was very glad of it, for you made a sorry
job of it last time. The position of the splinters was
altered on the 12'h. During the time she was in the
hospital she was frequently obliged to clean the child
herself.

Cross-examined—The nurses never told her that
the child soiled the bed because she never told them
when she wanted the bed-pan.
Re-examined—The child was of clean habits, and
was sorely grieved at the dirty state she was kept in.
Mary Collins, formerly a nurse at St. Bartholo-
mew's, said the child was so dirty that not only soap
but soda were required to clean her. There were
five wounds upon her, Her health was good, but she
required much nourishment. She improved in the
course of a week or two. She was placed on a water-
bed for thirteen weeks. She was not a child of dirty
habits.

Mary Steer, another nurse, corroborated the above
evidence.

By the ATTORNEY-GENERAL—The child screamed
very much, nevertheless they washed her.
Mr. Edward Stanley, one of the surgeons at St.
Bartholomew's Hospital, was next examined—He said
that from the 29th of March to the 7th of April there
would h,,ve been more than ordinary difficulty in re-
ducing the fracture. That difficulty was insur-
mountable under the circumstances stated. The fever
and weakness from which she bad suffered rendered
it indispensable to remove the bandage and splints.
When not suffering from either fever or exhaustion,
there would be more than the ordinary difficulty in
consequence of the unusual position of the
fracture, which was situated in. the upper
third of the thigh-bone. Such a fracture was
most difficult to deal with in an adult—most unusual
in a young person, and most difficult to deal with in
consequence of the motion of the muscles of that part.
It was a case requiring much attention. He doubted
whether with the utmost skill the difficulty he spoke
of could be surmounted. He would not say it was
insurmountable. He did not find the child in a filthy
state, as she had been in the hands of the nurses.
Though the ulcers were large, they were not un-
healthy ; there was nothing that denoted neglect.
By the ATTORNEY' GENERAL— It was of paramount
importance to attend to the health of a patient. Such
was the state of exhaustion of the child, that it was
useless to examine the limb ; but he judged that the

bones were in process of union, and afterwards he
found the union complef:.. Scarb-t fever would pro-
duce such sores as those on the child. The cure was
as good as the circumstances of the case would admit
of. In the adult as in the youth a shortening of the
limb was a common result. His attention had been
most:directed to the case, consequence of intending
to write about it. Could not say there was any de-
fect in the surgical treatment.
Re-examined—Under the circumstances it was
correct to re-set the thigh on the The muscular
resistance was greater in the child than man.
Mr. Justice COLERIDGE inquired if the lapping
over of the bones of the limb was, according to his
view, a proper setting of the bones ?
Mr. Stanley replied that setting of the limb con-
sisted in placing it in the best position. The best was
done under the circumstances.
The ATTORNEY GENERAL then addressed the jury
on behalf of the defendant. He contended that the
prosecution was one of the most cruel that could be
brought into a court of justice. It was evidently set
on foot by parties who wished through the son to
aim a blow at'the father. The defendant was a young
man of much intelligence, and was rapidly rising in
his profession, and he begged them to consider that
the investigation was one of character and not of da-
mages. The defendant attended the hospital without
fee or reward, and his days of attendance were Wed-
nesdays and Saturdays, but he came almost every
other day to the hospital to tender his services. He
gave his best attention to the case, under the direction
of the house-surgeon, who, being a paid servant,
should have been selected as the defendant. Every
attention was paid to the child, as he should prove ;
and, in conclusion, he implored them to consider that
in their hands depended the very existence of a young
professional man.
The case had not concluded when we went to press.

EXCHEQUER.—(THiS DAY.)
(Sitting at Nisi Prius, in Middlesex, before the
LORD CHIEF BARON and a Special Jury.)
DATEY V. WATSON AND OTHERS.
This action was brought to recover compensation in
damages for an alleged obstruction of light and air,
occasioned to the plaintiff's premises by the erection
of a very elegant building in Pall-mall (at the corner
of George-street, St. James's•square), for the use of
the Army and Navy Club, of which the defendants
are the trustees. The damages were laid at 500/.
Mr. Cockburn, Mr. Lush, and Mr. Wells appeared
for the plaintiff, and Sir Frederick Thesiger and Mr.
Peacock for the defendants.

The plaintiff it appeared carried on the business of
a tailor at 42, Pall.mall, and was also in the habit of
letting out the upper part of the house to lodgers
during the fashionable season in London. He
had formerly occupied No. 38, which he
sold to the club in order to enable them
to erect their mansion, and being desirous
to continue his business in the same vicinity, he
became the purchaser of a lease for twenty-one
years of No. 42, which previously belonged to a
neighbour named Tattersall. The plaintiff put the
premises in thorough repair, and spent a considerable
sum upon them. Soon after the building of the club
commenced the plaintiff happened to go to Glasgow,
and on his return, two or three months
afterwards, he found that the light behind
the house, which was before free and
uninterrupted, had been diminished so much as to
render the lower rooms al:nost useless. Applications
were made to the club to have this remedied, but
without avail, and the consequence was that he had
been compelled to apply to a jury for compensation.
Several witnesses were called for the plaintiff, and
they agreed in stating that the effect of the erection
had been to greatly diminish the light in the
rooms, one saying that the back parlour was so dark
that he could scarcely find the way to his mouth at
dinner, and another that he was unable to distinguish
leaders from advertisements in a newspaper unless he
stood close to the window.

The defence was that the portion of the building
complained of had been erected with the entire
sanction of the plaintiff, and on the understanding
that if there should be any diminution of light, it
would be a matter of no consequence to him, and it
was further alleged that there was no actual inter-
ference with th• ordinary rays of light, and that, in-
stead of obstructing the free progress of air, a portio❑
of a building which previously existed had been
pulled down, and given the plaintiff's
house the benefit of the breezes from
the Green Park and the south-west. The
defendants asserted likewise that, having re-
ceived a large sum of money, viz. 3,8001., to quit
one set of premises, it was neither fair nor just for
the plaintiff to obtain the possession of another house
contiguous to the club, in order to give a colour for
a further claim to compensation.
Several witnesses were also called on the part of
the defendants, and they gave it as their opinion
that so far from the plaintiff being injured by the
erection, he had been benefited by an additional
quantity of air, which was admitted by a narrow
passage that had been thrown open by the defendants,
but only one of these witnesses had been inside the
plaintiff's house to see the effect produced, as far as
regarded light.

The CniEF BARON having summed up the evidence,
The jury retired, but had not returned into court
when our reporter left.
In the course of the trial, one of the jury expressed
a wish to be allowed to visit the premises, as from
the contradictory nature of the evidence it was im-
possible to know what was the real injury sustained
by.the erection, but the Chief Baron said he could
not give his sanction to such a course without
the consent of both parties. He was there,
he observed, to try the legal part of the
case, and as that was the last day of the Westminster
sittings, it would be highly. inconvenient to allow the
jury to leave, as the Court must remain unoccupied
until their return.