The Sun.
London, England, 1848-02-05 00:00:00

ALFRED BUNN F. JENNY LIND.

At the sitting of the Court this morning the
Learned Judges were informed by one of the Masters
that Mr. Hoggins, Counsel for the defendant, had no
instructions to appear in support of the demurrer.
It was, therefore, overruled, and judgment is, conse-
quently, in tavour of the plaintiff.
The trial of this case, which has caused so much
excitement, will now come on in its regular course, at
the sittings of the Court of Queen's Bench, at Guild-
hall, after term.

- COURT OF COMMON PLEAS, Feb. 4.
(Sittings at Nisi Pritis, after Term, before Mr. Justice
COLTMAN and Common Juries.)
MIGOTTI V. WATHEASTONB.

This was an action of trespass for the false im-
prisonment of the plaintiff's wife. The defendant
pleaded the general issue.
Mr. Sergeant Byles and Mr. Henderson were
Counsel for the plaintiff.
It appeared from the evidence of the plaintiff's
witne.ses that on the 9th of May last the daughter
of the plaintiff, a child twelve years of age, on leaving
St. Paul's Church, Covent-garden, picked up a gold
chain in the churchyard, and took it home to her
father, a goldsmith, living in Maiden-lane. The
chain was handed round, and admired by the several
members of the family, and was taken next day to
the plaintiff's workshop, in Wigmore-street, for the
purpose of being tested to ascertain whether it was
gold. On Wednesday morning the defendant, the
owner of the chain, who is a goldsmith, residing in
Henrietta- street, called at the plaintiff's house, in
company with a friend named Gay, and asked for the
chain. Mrs. Migotti said she did not know where
it was at the time, that her husband was ill in bed ;
but that if Mr. Watherstone would leave his ad-
dress the chain should be sent to him, or he might
call for it at three o'clock. The defendant then
departed with his friend, but returning in a few
minutes, said he had changed his mind and must have
his chain at once. She again told: him she did not
know where it was at that moment. lie threatened
to procure a search warrant, and ultimately sent Gay
for a policeman, to whom he gave the woman in
charge. She was taken to the 13ow-street station,
and charged by the defendant with stealing the chain.
She then stated that it was at her husband's work-
shop, in Wigmore-street, upon which the inspector
sent a constable with the defendant to that place.
Upon applying there for the chain, the mother of
Mrs. .Migotti, who appeared to keep the shop for her
son-in-law during his illness, admitted that the chain
was in the shop, and gave it up to them. They then
returned to the station-house after the absence of an
hour, during which time Mrs. Migotti had been locked
up, and Mr. Watherstone declined pressing the charge
against her. The present action was brought to
recover compensation for that imprisonment.
On the part of the defendant evidence was adduced
to show that he had caused printed handbills, offering
a reward for the chain, to be stuck in the windows of
several shops in Maiden-lane and the neighbourhood,
and that Mrs. Migotti was seen reading one of them
on Tuesday evening; that she had at first denied all
knowledge of the chain ; that it had only been sent to
the shop in Wigmore-street after application had been
made for it in Maiden-lane ; and it was contended
that all the circumstances of the case had warranted
the suspicions of the defendant, and the conduct which
he had accordingly pursued.
The cause lasted the whole day, although the facts
lie, as will be seen, in a very narrow compass ; and
thejury, having retired for about ten minutes, after
hearing the summing up of the Learned Judge, found
a verdict for the plaintiff—damages 30/.
Mr. Sergeant Wilkins and Mr. Lush appeared for
the defendant.

This case (a brief account of which appeared in
The ...Van of yesterday) was adjourned from Thursday,
and resumed yesterday morning.
Mr. PARRY, in stating the case for the prosecution,
said that the parishioners of St. Luke's were not
actuated by any feeling of hostility against Mr.
Gore, but solely from a sense of public duty, and in
consequence of the great injury to life and property
which was suffered in this parish from the nuisance
which they sought now by this prosecution to sup-
press. They wished the case to be fully and impar-
tially investigated ; and he hoped the inquiry would
be conducted in an amicable spirit on both sides, as
the only object was to ascertain whaher the nuisance
was really of the pestilential nature as the prosecu-
tors believed it to be ; or, on the other hand, was it so
innoxious as it was understood the defendant would
endeavour to establish. He would lay before the
jury a body of evidence of a most decided character
to show that the scavenge yard in question was a
most pernicious nuisance. He would produce
the evidence of some of the most eminent
scientific men of the day, who had devoted
their time and talent to the study of subjects con-
nected with the health of towns and other populous
localities, and from these gentlemen they would hear,
that the exhalations emanating from the defendant's
yard in Hatfield-street, were of the most pestilential
nature. And he would also show, by the evidence of
a numerous body of the inhabitants of the immediate
neighbourhood, that not only was the property dete-
riorated, but that the health of the inhabitants was
destroyed, and life was endangered by the proximity
or this accumulation of decomposed animal and vege-
table matter, and other offensive materials. The
neighbourhood was crowded with a poor population,
and the efforts of the parish authorities to preserve
the health and comfort of the inhabitants, by imprOved
paving, cleansing, and draining, were rendered almost
unavailing, in consequence of the prevalence of fever
an.i.other diseases, occasioned by this depot of dust
and •"
muck." To abate the nuisance was the only
desire of the prosecutors, and they had no desire to
injure or inconvenience the defendant more than what
wus necessary to maintain the health of the people ;
and he was not instructed to deny that Mr. Gore had
not carried on his business in a proper manner, and as
a respectable scavenger.
Mr. John Gyles, the surveyor of the parish of St.
Luke, was first examined. He proved a plan of the
lefendant's premises, and described their situation.
it consisted of two large enclosed areas, one on each
dde of Hatfield-street. In one of these the day dust
teas deposited, and the other, which was called the
slop-yard, was the receptacle of filth of the most of-
finisive description, collected from the streets and
'markets of the metropolis. This heap of dust was
described as of a prodigious height, occasionally
;':reaching up to the roofs of the adjoining houses.
When the wind was high or when the dust was moved
about or being sifted, the inhabitants were annoyed
- - to a great extent. There was a very bad smell emit-
OLDCENTR4I COURT. 1- CRIMINAL--s
COURT. ted, from decayed animal and vegetable matter from
ALUADER OF TWO CHILDREN IN ST. LUXE'S.
the slop-yard, and the effluvium was a cause of gene-
The trial of Harriet Parker (continued from our
rating lever and other diseases. There was constantly
Afternoon Edition of yesterday). disease in the lanes and courts adjoining—in Mid-
Mr. Thomas Mallet, the chief clerk at the Cies-
dlesex-row Dean's-court, and Golden-lane. The parish
had recently put down new paving and improved the
kenwell Police-court, proved that when the depositionas
sewerage. The paint of the several houses was dis-
were read over to the prisoner, on the Bth of January,
coloured by the gases emitted from Mr. Gore's place.
she made a statement to the magistrate which was
In warm weather, and after rain, the surrounding
afterwards reduced to writing. space was crowded with vapour of the most offensive
The statement was then read. It was simply a , nature. The smell was worst when it was moved
detailed account of what occurred from the time
about, and the witness was of opinion that the place
Blake came to tea till she missed him from the Duke
was a great public nuisance.
of Bedford public-house. William Hetman Harris, of the City- road, one of
George Maddox, a police-constable, stated that
the surgeons of the parish, examined the yard, and
after she made this statement she told him that she
' found decomposed animal and vegetable matter, and
watched the children on the night of the murder for 'scavengers' refuse, and he had also seen dead animals
a long time, and fancied they would never go to sleep..
in a putrid state. The vapours from the yard
At length, however, they did close their eyes, and
were very prejudicial to the health of the neighbour-
putting out the candle, she sprang upon the bed and. I
hood.
seized the female child by the throat, when she felts
Dr. Southwood Smith stated that he was one of
4
that if there had been a thousand children she could'. ;
Coe Sanitary Commissioners, and for the last ten
have murdered them ; but she showed them no mercy, i yearshad applied himself more particularlyto ma -
mat-
and she did not want any mercy shown to her.
i tern connected with the health of the public than to
Mr. Frederick Wright, a surgeon, deposed to being i any other inquiry. He had examined the place in
called in on the morning of the Ist of January, about t. nin
.and reported. the result of his
four o'clock, to examine the bodies of the two chil-
dren. He found marks of violence an their faces, and, 'nquiries to the parish authorities of St. Luke's.
when
His
i opinion was, that the atmospheric
upon a post mortem examination, he discovered that
death had been caused by forcibly holding the nose conditions were favourable to the development
and mouth, so as to prevent breathing. of the poison, every inmate, young and old, in
the immediate neighbourhood of the nuisance
This was the case for the prosecution.
Mr. CLARKSON then addressed the jury for the was in danger of fever. There was there a larger
defence, entreating them, before they returned accumulation of decayed animal and r vegetable matter
their verdict, to take into their serious consi- • than he had ever seen anywhere. 'rho height of the
deration the frenzy and madness which she,
dust-heaps was equal to that of the sleeping apart-
cruel conduct of the witness Blake had producedl
ments of the adjoining houses. He confirmed the
upon the mind of the prisoner on the night of they
, evidence of the preceding witnesses as to the kind of
murder. It was extremely doubtful whether. the-
, gas given out from the heaps of dust, and as to the
deleterious effect on the health of the inhabitants.
prisoner was in her right senses when she committed/
Witness had been twenty years connected with the
the dreadful act, and although it was beyond the scope'
Fever Hospital, and had written on and given great
of human evidence to prove putative insanity in a crsae, ; attention to the subject.
In cross-examination, the witness said that he like this, the jury, he was sure, would not disrega 01
con-
the tantalising brutality the had been su lo- sidered all such places in crowded neighbourhoods a
jetted to by her paramour Blake. No e• ii- nuisance, and he considered Smithfield-market a
dence, however, could more strongly prove an
nuisance.
unsound state of intellect, could more strongly ilk E- 'the ASSISTANT-JUDGE said every one thought that
trate an instance of momentary insanity, than th , st
they had already heard, and as they were just as co
ene nuisance but the Corporation of London.
petent to decide whether the prisoner was of sc
med. ~ a Witness then stated that there were too many
mind when she murdered the children as the most ; or B dust-yar _ d lay-stalls in London, and that nothing
evould
experienced medical men, the ends of justicecould be more clumsy than the arrangements for con-
not be accomplished if they overlooked the pr,o ofs
of lucting the business of a scavenger in the whole
insanity with which the case for the prose.culion 00 T Dr. J. Close, Dr. Douglas Chisnell,
c, iuntry.h
much abounded.
Mr. Baron ALDmisois having summed op at grea t - Dr. ompsnn,
Mr. J. F. Cooper, chemist, and several other profes-
length, mom 1 gentlemen, were examined at great length, and