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

THIRD COURT.

(Before the COMMON SERGEANT and Aldermen MOON
and HUNTER.)
John Sullivan and James Currie, two young Las-
cars, were indicted for stealing a quadrant, value 21.,
and a variety of other articles, the property of Thomas
Frane, in a vessel in the port of London.
From the evidence of the chief officer of the vessel
from which the articles were stolen, it appeared that
the prisoners, who were in a very destitute condition,
craved his permission to allow them to remain on
board the brig one night, as they had no home, and
the weather was very severe. The officer gave them
leave to sleep in the round .house, but told them they
were not to repeat the application. During the night
the captain's cabin was broken open and the quadrant
and the other articles were stolen.

The jury found the prisoners Guilty.
The COMMON SERGEANT made inquiries, which
satisfied him that it was real distress and starvat;on
that had prompted the commission of the offence. His
Lordship sentenced them to be imprisoned in New-
gate for three months, and by which time he hoped
that arrangements could be made to get them a ship.
The prisoners earnestly thanked the Common Ser-
geant for his kindness, and were removed.

MIDDLESEX SESSIONS.
(Before the ASSISTANT JUDGE.)
THE PARISH OF ST. LUKE, OLD STREET, AT THE PRO-
SECUTION OF GORE, FOR A NUISANCE.
This case (a brief account of which appeared in
The Seen 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 whc..ther 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 pieserve
the health and comfort of the inhabitants, by improved
paving, cleansing, and draining, were rendered almost
unavailing, in consequence of the prevalence of fever
and 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
was necessary to maintain the health of the people;
and he was not instructed to deny that Mr. (ore had
not carried on his business in a proper manner, and as
a respectable scavenger.
Mr. John Gylea, the surveyor of the parish of St.
Luke, was first examined. Ile proved a plan of the
defendant's premises, and described their situation.
It consisted of two large enclosed areas, one on each
side of Hatfield-street. In one of these the day dust
was deposited, and the other, which was called the
slop-yard, was the receptacle of filth of the most of-
fensive
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-
ted, from decaytal animal and vegetable matter from
the slop-yard, and the effluvium was a cause of gene-
rating fever and other diseases. There was constantly
disease in the lanes and courts adjoining—in Mid-
dlesex-row, Dean's-court, and Golden-lane. The parish
had recently put down new paving and improved the
sewerage. The paint of the several houses was dis-
coloured by the gases emitted from Mr. Gore's place.
In warm weather, and after rain, the surrounding
space was crowded with vapour of the most offensive
nature. The smell was worst when it was moved
about, and the witness was of opinion that the place
was a great public nuisance.
William Hettnan Harris, of the City- road, one of
the surgeons of the parish, examined the yard, and
found decomposed animal and vegetable matter, and
scavengers refuse, and he had also seen dead animals
in a putrid state. The vapours from the yard
were very prejudicial to the health of the neighbour-
, hood.

Dr. Southwood Smith stated that he was one of
the Sanitary Commissioners, and for the last ten
years had applied himself more particularly to mat-
ters connected with the health of the public than to
any other inquiry. He had examined the place in
question in May last, and reported the result of his
inquiries to the parish authorities of St. Luke's.
His opinion was, that when the atmospheric
conditions were favourable to the development
of the poison, every inmate, young and old, in
the immediate neighbourhood of the nuisance
was in di.nger of fever. There was there a larger
accumulation of decayed animal and vegetable matter
then he had ever seen anywhere. The height of the
dust-heaps was equal to that of the sleeping apart-
ments of the adjoining houses. He confirmed the
evidence of the preceding witnesses as to the kind of
gas given out from the heaps of dust, and as to the
deleterious effect on the health of the inhabitants.
Witness had been twenty years connected with the
Fever Hospital, and had written on and given great
attention to the subject.
In cross-examination, the witness said that he con-
sidered all such places in crowded neighbourhoods a
nuisance, and he considered Smithfield-market a
nuisance.
The ASSISTANT-JUDGE said every one thought that
a nuisance but the Corporation of London.
Witness then stated that there were too many
dust-yards or lay-stalls in London, and that nothing
could be more clumsy than the arrangements for con-
ducting the business of a scavenger in the whole
country.
Dr. Thompson, Dr. J. Close, Dr. Douglas Chisnell,
Mr. J. F. Cooper, chemist, and several other profes-
sional gentlemen, were examined at great length, and