The Sun.
London, England, 1824-08-14 00:00:00

NT I L.
( &fort Mr. I ..7,,I PORTA
stice BAYLEY and A a .S'peelui Jury. 1
TILE KING v. RUSSELL.
This prosecution occupied the attention of the Court from
4.11-past eight o'clock in the morning till half-past eight o'clock
at night ; and appeared to excite great interest. It arose out of
a recent quarrel between the Keel-men and Ship-owners of
Newcastle; and it' it had been conducted to a successful tenni.
°mics, would have thrown the principal trade of the river Tyne
into the hands of the keel-men. When the list of Special Jurors
wil called over, the following Gentlemen answered to their
14 ea ..,....
r 1,,, tit F. Boynton, Sir W. Strickland, Sir T. Sykes, T. Wilson,,
, P. Saltmarsh, Esq., J. R. Fowles, Esq., H. Ist asterism.: ,
'll,', H. Croft, Es . T;Smith, Esq., E. S. Strangwri, E I.
Tile Other Juror:ll'l(A appearing, two talesmen we e put on
the Jury.
Sh• Pant stated that this was an indictmentpre
Cliarl
ther indivititta , o 1 f r erect.
ferred against
ea Russell, Esq., and various
cill)1( 4 nuisance in the river Tyne.
talfKint the defendants with havingTehreercetewdegreeavragrionunsti etiotaujittitsi
s:
leo struetion of the navigation of the said Wye', and also
Rid, keeping vessels defers before th pleadedea for an unrea-
sonable time. The dants had "
could not
Not GuiltY."--
iiell,*,re.h.ed been a suggestion, that an impartial trial 1a .
sofi au in the county of Northumberland, and4het,enire had in
ileryuence been removed into the county of fork.
BROMIIIAIL—Though on every account but one he
sr"salt satisfied that this indictment had been brought frotntle
itY of Northumberland to be tried by the respectable
rurY whom he then saw before him, there was still one 4,414(1 in ►
which it would have been more conyenient had
tor •
e cYmbetZ ejeerythteityken from the vicinity of the. river Tyne;
would themselves have viewed ths nutio-
-1)4, 'lce, and would so have saved him the necessity of_statmg
co' lel", Itt length the circumstances of which this alleged nuisance
n"ted. The model which they saw upon the table would
greatly,. usin him and them in the statement he should be
Cr "died to offer to their consideration. The defendants were
), 'e PritlclPal members of a large coal
druperty company ; and as their
lar in the neighbourhood of the Tyne, they thoughtir
ecoruipur ,:, _
, 4la view of lessening the price of the carriage of the
_ tiss from their Pus to the river, and of increasing their
.oawnn.
',.‘,l'; lto erect certain structures on the banks and in the ch
re
7•••., of
ithatigveat awl commercial river. These structures wer.
.11°Peguet'esi° t4llwitY, raised a considerable height above the sus)
36 t-,.
~ t.,te ground in the neighbourhood of the Tyne, and 1..
'c'euove the level of the river. The breadth of these rail.
of tiY.,B..itl, H°l less than 36 feet, and their length from the edge.e
other towards its centre was in one case R 42, and in tt_
44,3 " feet. The channel was in this part of the river only
Yards in ei 1 1
up oiie.tenti u 41, so that one of these structures
_ took
width. I Part, and the other one-ninth part of i whole
_
whether op litre,
it" 'night almost stop and ask the Jury
~ is was possible to entertain a doubt as to its being a
itii-utt"tlee3 an
lobootruction, an impediment, a detriment, and
ut. i nnuYance ll persons using the river to have a tenth part
Li ot both up against them, when they had a right to navigate.
l: ugh the whole width of it, if it were a navigable river at
o,44J:belie structures, which were formed of immense piles of
14 r and iron, which shut up' the river for an ImMense num-
et Qf cubical yards, and which appropriated it during that
skee entirely to the builders of them, were not the mere struc-
tur
: mof yesterday. The jury would find, that structures of a
serio
tr.,. ar nature had been in existence more than 40 or 60 years
—dells, indeed, in magnitude, but hardly less in prejudice
wtne navigation of the stream. Of these two structures,
oldest
fanned the substance of the present indictment, the
‘euest a built lbctut 23 the largest was that called the West Gear; it was
o Years ago; the other, which was called the East
lies etiest2l was of more recent date, having been built, lie he-
m ,not more than three years ago. Having said so much
,s, 1a the more
of these gears, he would now call their
ettentiotni to. the effect which they had upon the river and its
riatip on
jirwjAt this stage of the proceedings, Mr. Vansittart, the ne.
r of Lord Bexley, who had been summoned WI a special
2° s but who had not been present when two talestnen were
zillinnelled upon it, informed Alr. Justice Bayley that he
Weal re"YI if 'required, to serve on the jury. One of the
11 Mel) was,,in consequence, discharged, by consent of AIL
r,°llbam,l
ftr, UR
*slum. °Lruitast then proceeded.--Ile was glad of the in_-
hini vlsen Which he had just received, because it enabled
oho mention a circumstance, of which without it he
enerolicliZt have been aware. lie had described to them_the
at high -.eft which these structures had made .on the river
them they ate'; he would now tell them what encroach..
of the river, ae on it at low water. The whole breadth
ecelliderivZre w
„ tenhicii was then navigable, owing to a sand of very
ell., iy qopat - gtll, which laid opposite to these gears, was
.olta 4-0 f feet, and into that space these gears obtruded no less.
trSatige„,, e.et• He epoke in round numbers, because it' they were
itlatee,wz:
tt4tetehiely were a detriment, impediment, and annoy_
gaged in the navigation of the river, it mattered)
au„ (tether he was wron • a few feet more or less. He would
haci"e. °litt he and the ',l"who were not much accustomed. to
buatit (,),?,,bad heard that a building was erected stretching out
itaatittotynki;4lleetrannwdaT ; would they
.not be convinced that it was an •
n?Pediment to them as they travelled upon It ?
tospect r protrusion of a building upon a stream was in every
Irs, net roductive of gieater annoyance ; for instance, nhigh-
duoer changed ; It was liable to receive no injury from the
ettlitto4lue wind, or the sand ; but a stream, or. which an en-
-14"
was made) was liable to suffer from the effects of