The Sun.
London, England, 1846-09-03 00:00:00

ASSIZE IN TELLIGENCE.,

NORTHERN ClRCUlT.—Liverpool, S ept. 1.
(Before Mr. Justice CRESSWELL and a Special. Jury.)
GERARD, BART. V. MITSPRATT.
This was an action brought by Sir John Gerard, Bart., li
to recover damages for the injury alleged to have been
sustained by him from the alkali works of the defer idant,
situated near Newton, adjoining the Liverpool and Man-
chaster Railway, in this county.
'The trial occupied the whole of yesterday :And the
Wander part of to-day.
The tall chimney of the defendant's works is a strik.
lug landmark at the junction of the Liverpool and
ingham Railway with the Liverpool and Manchester,
a, ad well known to all travellers on the line.
Mr. Martin, Mr. Crompton, and Mr. Cowling, ap-
peared for the plaintiff ; Mr. Sergeant Murphy, Mr.
Brandt, and Mr. Pashley for the defendant.
Mr. MARTIN stated the case to the jury, and gave tb.e
substance of the evidence as it afterwards appeared from
the testimony of the witnesses. The plaintiff, he said,
was a baronet, whose family was of very old standing
in the country, and he resided at New Hall, near the
defendant's premises, where he occupied the family
Seat; one which had descended to him from his an-
cestors, and which they, bad, through a long series of
years, embellished and improved. Mr. Muspr:Att, the
defendant, had formerly been the propriktor of
•certain alkali works in Liverpool, but bAd been
obliged to remove from thence, in consequence 4r indict-
ments which were preferred against him for,. a nuisance,
and had established his works at Newton, ad;,oining the
Sankey Canal. Very shortly after he core.cn' enced the
manufacture complaints were made oy e.ie neighbours
of the injury which they sustained. isAc.ions were com-
menced ; but in consequence of the epression of a very
strong opinion by scientific men. tnat means existed of
preventing the injury complairA of, legal proceedings
were stayed. Mr. Muspratt. raised his chimney to an
enormous height, and the 'result of this was that the gas,
which did the mischief, being emitted into the air at a
greater height, it travelltd further before it reached the
:ground. In cons,...pence the plaintiff, among others,
was injured by The gas emitted was muriatic acid
gas. It had. a great affinity for water—on a damp day
it enmbir.ed with the moisture in the atmosphere, and,
being `..tarried along by the wind, came in contact with the
trees. and hedges, and condensed upon the leaves an';
branches. Its immediate effect was to destroy the
leaves ; the bark then became affected, and thr., final
xesult was to destroy the trees altogether. ID"? to the
Mime of the establishment of these works there were no
plantations more healthy than those of Sir john Gerard.
He would show, that since their establishment they had
been injured to an enormous extent, he would trace that
injury to the vapour emitted from Mr. Muspratt's chim-
ney, and would then claim 4 the hands of the jury an
ample remuneration for the damage which had been
sustained.
Wiliam Daniels—_f am gardener to Sir John Gerard,
and was also gardener to the late Sir John. It is my
che,y to look 0:.,-ter the gardens, and the timber as well.
I entered the service of the family when, I suppose, from
nseventy to eighty acres of plantations were laid cut; and
for some time the timber continued in a flourishing con-
dition. In the years 1837 and 1838 I perceived some-
thing going wrong with the timber. The shoots began
to be less luxurious, and in the winter they died off.
This effect has continued up to the present time, and is
particularly observable upon all the trees which face the
chimney. I was at first unable to account for the cir-
cumstance; but in 1833, '39, and '4O, I examined, with
other persons, different woods belonging to the'plaintiff.
In 1840 I examined the woods at New Hall, with Mr.
Whalley, and found them very bad facing the chimney,
which lies S.E. of New Hall. Some of them perished
every year. Those that were struck we eut down. Such
'trees as were sheltered were not so bad as those ex-
posed to the works. The alders and sycamores stood
best. The oaks were very bad. Generally, in that
part of the country, the trees were most luxurious on
the south side; but now they are best on the north
side. Since 1840 we have cut down many thousand
trees, from one hundred years of ancient wood to five
years. The bark of those facing the chimney has perished,
that on the other side is better. Ordinarily the vapour
comes out of the chimney about a yard in breadth,
and on a foggy day it settles on the woods like a sheet.
I observed the vapour twenty-six times in 1841. In
1843, 1844, and 1845 I observed it frequently, but did
not make memorandums. In 1846, from January to
the 30th of June, I felt it thirteen times. On the 21st
of March last the smell was very bad from the chimney,
it smelt all day in the canal wood. The weather was
_then foggy. There are three woods in the vicinity of
bi.r John's house, and also a young plantation. There
rare besides the Vista plantation and the Haydock boun-
dary plantation. The woods are now in a very bad
state.

In cross-examination, the witness stated that many
collieries have of late been opened in the neighbour-
hood. There are also gas works. Twelve or fourteen
chimney have been erected since 1822. There are
other :Audi works in the neighbourhood. Has not ob-
serrrad the effect of the vapour upon the fruit trees or
flo..wers. There is a clover field outside the boundary of
one of the injured plantations, lying between it and the
defendant's chimney, which is in a luxuriant state. There
luxe a number of rabbits on the estate. The estate is
strictly preserved.
On re-examination, the witness said that they had
taken 5(.`,0 trees out of a plantation called the Town
Field plantation last year. Had to take a great many
de
..d trees out off the woods every year since the chim-
-:.tey was erected.
James Unsworth—l am a joiner and builder living
near Sir John's plantations. I have resided there for the
greater part of my life. I have been employed since
1816 on Sir John's estate as a joiner, and have been also
employed as a timber valuer there. In 1816 the woods
and plantations were very healthy. There was some
fi:ae, old, full-grown timber there, above one hundred
years old, and eighty feet high. The estate was then
very well stocked; the soil was good, and everything ap
peered in good health, until the years 1836-7, when I
observed the timber decay both in the tops and the
foliage. The tops became dead. The middle part of
the large timber, which was exposed to the vitriol
chimney, became of a brownish colour, and the hark
would not feed. I then attributed this change to the
vitriol works. The small timber decayed in pretty much
the same manner as the large. The effects have been
worse since 1839. Up to 1829 I valued the timber; since
then I have been a purchaser almost every year. I have
purchased altogether about 1,2001. or 1,4001. worth. The
trees which have been cut down were in a bad state. A
great many of them had not arrived at their proper
growth. They were cut down because they were de-
cayed. Alder, sycamore, and some beech have escaped;
ash, oak, and elm partially; poplar, willow, &c., have
been most injured. The greatest injury has been done on
the south-west side—the side facing the vitriol chimney.
James Foster, a gamekeeper to Sir John Gerard, was
next examined—He stated that his business led him to
go a good deal through the woods upon the New Hall
estate. Knew Mr. Muspratt's chimney very well. Had
seen the vapour rising from it on many occasions. It
had a very disagreeable smell, and affected the eyes
very much indeed. It was worst upon damp foggy days
and at night. Had tracked the vapour for a consider-
able distance among the plantations. Remembered par
ticularly observing it on the night of the 2d of November
last. The wind was then blowing from the east as near
as he could think, and the vapour was then on the
Smithy wood very strong and thick. Was sure that it
came from Mr. Muspratt's chimney. Remembered also
observing the vapour very strong at New Hall on the
21st of January, about nine o'clock in the morning.
When he first saw it he was going from the house to the
stables, not thinking anything at all about the vapour,
until he smelt it very strong. Went then into the field
near the Big Oak wood, where he could see Mr. Mus-
pratt's chimney. Saw the vapour coming from it from
nine o'clock until eleven. Saw it coming in the direction
of the wind, and tracked it amongst the trees of the
plantation. Saw it again on Feb. 21. Was at the
-Waggon load plantation, and saw the vapour rising from
tto chimney, and settle amongst the trees of that plan-
tation. It was very strong, and made him cough a
good deal. Had lived with Sir John Gerard fifteen
years. The woods were always very healthy before the
establishment of these alkali works. The trees had been
getting worse every year for the last five or six years.
The young trees and the old ones were equally affected
by the vapour. A great quantity of trees had died dur-
ing that time. A great many trees had also been cut
down in consequence of the injury they had sustained.
In cross-examination, the witness denied that the
wood called Smithy wood was very wet. He examined
it by digging there lately, but it was after wet weather.
There nas then a good deal of water apparent. Rabbits
and hares bark young trees a little when there is snow
on the ground.
On re-examination, he said that both in the wet land
and the dry the trees had looked well before the erec-
tion of the alkali works. The trees were generally too
old to be injured by game.
Joseph King—Was agant to the Gerard estates, and
In the habit of going over thetn twice a year. Had
done so for upwards of 30. years. There was a good deal
of ornamental timber about New Hall estate. When he
first knew it the timber was all in very good condition,
and very healthy. It was very different from what
it was now. There had been a great change in it
during the last five years. Had observed the woods par-
ticularly about three weeks ago. The leaves of most of
the trees were considerably discoloured. The tops were
stag-horned, that is, without foliage at all, and the
branches standing up like bare spikes. Had P articu•
lady noticed an oak of about twenty years'
growth,
which was about 40 or 50 yards from the drawing-rooni
window, within the garden-wall. A great many leave; ;
were lying under that tree quite parched U. Had not
the least doubt the injury was caused by these alkal',
works, and was not owing to the dampness of the soil..
Had observed the same effects upon two poplars a t
Everton, eeused some lime since by Mr. Muspratt' s
work, in Vauxhall-road.

On cross-examination. the witnnss stated that Si r
John Gerard had an extensive colliery on his own estat
The smoke from thiwent on the trees.
George Lyne was 'butl,T to Sir John Gerard. ll:rad
lived with him thirteen years. Had seen the vap,,i,ir
from Mr. Muspratt's chimney about the housr.
window of the dining•-room opened on the side of t l e
house facing the works. had observed frequently tlis t
the knives became tarnished after being laid for dint, et.,
and also the brass wore in the room was often tarnish ea
by the admission of the 'vapour when the window w
as
open. Had frequently observed the vapour. The smell
of it was very pungent and disagreeable. Did not gc
much about the fields, but had observed several trees in
the neighbourhood of the house quite dead.
Mr. William South, a surveyor of the roads ; Mr.
William Me:eor .a surveyor and land agent, living
at
Newtox ; Mr. W. I, rihwe:l, agent to the Rev. Mr.
Hortaby, rector of Winwfck ; Mr. William liertnot, a
farmer in tie plrish of tVinsvick ; Mr. Richard Nor-
man, a far ner at Newton ; and Mr. John Ward, a cow-
keeper at St. Ifelen',4, liorc testimony to the appearance ,
and effect o the vapour from the chimney. It could be,;