The Sun.
London, England, 1802-02-24 00:00:00

COURT OF KING'4.I3ENCII, F. 21.

SIT-TTNGS-DEFORZ M. JUSTICE LAWRENCF. AND .A SPE-
CIAL
Jut(, Iti WZ,TNIINSTF.R-IiALL.

.TEBBY, BUTCHER.

THE ATTORNEY GENERAL said, that the Plain-
tiff was
:a-Stable-keeper in Mount-street, Hanover-
square, and this Action Was brought against the
Defendant, for cOnvertirig;ia.coach-house into a
!slaughter-house, which became a nuisance 'to the
Plaintiff," and'by wilich.the occupation of .
iog-honse because uneornfortable to him, from the
stench Which. arose frfnu 'the. garbage of cattle;
from the .noise attending the slaughter; froin the
shakes it gave to the house.; from.tlie groans of the •
cattle ;. from the sight of the. blood, &c. ike. there
being but,a wall of a brick ati-lan half thick between
the Plaintiff's house -and, -the
islaughter-house in
question. It had tier,' long held,
,iltat"tbe leu'iding-
oeition in these Cases W
.Whetlier. the 'rimy
complaining came w the nuisany_s, or the ;nu i
;came to him ?' or, in ~.(ors,,
thing complained of was. iit-being hgore the person'.
complaining came tO hied residence, or,,was erectli
afterwards ? If before lie came, he .torrid chat e „Jo ,
'complaint as for a private nuisance, hetanse coming
by choice, it' was his own fault ; but if it was
'erected afterwards, then the selE2ring party it,ad a
right to complain. Here the Plaintiff,hadocenpi-ed
his house for a.great-,manK years, as did his father
before him--7they had beep in it Sc years. 'ibis
slaughterhouse had beers .ereted but, for a short
time. He knew not 'that there could he arty defence
to this aCtion, but he had been inforrr4d it was to
be insisted upon that this neighbourhood ought not
to'be nice, for that there 'was a tpllow.ichandler in
the neighboprhood, who melted tallow, &c. three
times a-week. This was, in other words, OnlT-say.
'1 That as there was one person who.created a
disagreeable smell for three days in the week, the
Defendant should be permitted to fill up the remain..‘
ing four with something that was much more into_
lerable." But the tallow.:chandler had been there for
twenty years, and could nut, therefore, perhaps,
be the subjed of complaint as for a private' nui-
sance, but the present Defendant had only erected
this slaughter-house a little while ago. The Jule
of Law was, That no man shall; for conveniences
of his own, disturb his neighbour in the'enjoynent
-of his. This man had no right to make his neigh..
bour and Emily-auditors of everygroan, speaators
of every pang, -and witnesses of all the struggles of
dying animals, which he slaughtered for the pur-
pose of his trade. It might be said, that as this
place was:once a coach-honse, and the place before
-it bad. been used- for. the-:reception'of rubbish, and
'the place- being a Mews, the. Defendant had a right
-to ereu this slaughterhouse,
.and this seerned to.be
'the Defendant's opinion ; for, when he was applied
td, on this subject,' be treated.the apOlication wish
contempt. this -sort, of -argument prevailed,..as
well might "it be pleaded that the garden ground
before the house of a Noble Marquis (the Marquis
of.LANsnowx) .had been used for the reception of
rubbish, as most assuredly once it was, and that,
therefore, all His. Majesty's Subjeas might there
deposit what it-was inconvenient-tor therri-to retain,
Ekt2. Irvone word, there was, nothing in this sort
"of defence, and the Rule was as he had stated it..
;already, That one man 'should not; use his, own
a way to disturb his neighbour, or to deprive him
of the comforts he formerly had, and which but for
such interruption, he might still enjoy. The qtres-
'tion then would -he this : " Would the house which
'the Plaintiff now occupied, rents.f4r- the same
,as it
mould have done before this nuisance w erected ?"_
Most unquestionably it .WOrild riot; and therefore
:the Plaintiff would be entitled -to a verdict. As to '
:the damages,. they might he riominal, provided :the
Defendant•consented to abate the nuisances

•
The Wiinesies were then .examined,. "and it .4,
peared from the evidence on the part of the Plain.
tiff; that.the case was as had been opened by, the
AttOrriey General. - • • . -

. .
Nineteen Witnesses were produced on the part of
the Defenlian't ; hut. their evidence went chiefly to.
'Shew that the slaughtetihouse was excellent. :in its
kindi.and'theydid tityt'think it-could he a nuisance;
.that many others, were much worse, &c. &c. ; .thit
it was.a common practice for men in the Delendanes
-trade to slaughter cattle behind 'their . houses, and
:that the convenience of the trade recitill'ect it, &c.
Mr. Jti;tire LAWRENCE asked Mr. EitSKISE,
Whether, in the. event of the Jury finding's verdiCt
for the Plaintiff,' the' Defendant would enter into a
'Rule to abate the Nuisance ?

Mr. ER,sKINE said, he did not adinit that a ver.l
xii6t should be found against hiq Client at all, ;and
!that it would be time enough to tall.- of that after
'the Jtity 'should find such a verdiEt.

Mr. justice-LAWit,iN'r r..salcl; i.;4's material to
lotlow this; because the Defendant might, perhapS,
con.,•inue the Nuisance,j and stand anpsher
if the•datna&s were At`'lieteas. if Jury
found that to be his temper; and supposing the Jury
to think-that,tl4Nuisance7ought to be abated, they
might consider of it in thedarnnes they would_give..
The Learned Judge summed up the evidence, and
conftrrned the Rule of Law as • bid down .by the
Attorney General. Tle Witnz.sses fur the Ptainiiff
had positively SwbfrCtxi'faas mOst undoubt_
ealy, created a Nuisance. - They- mint be ivrlured,
if this place wvs not a Nuisance,:—On the other
~hand, • there were tnairf persons-,ivha:•hatlllot en-
dured this, wito, gave .their .opinion. that it could not;
be so. Iflusowas .opinion against fad, and veil
likely ,conseienscious opinion, .for, what wns
spnce to the nerves °lone man, might yield:delight'
to another;; for he remembered Lord M ANS FIE LO'
saying, .that athuntsman swore, once .beibre
(he thought the. Wien 7cf a kennel' of hounds as sweet
as abed, of TOSCS, and-: no doubt he-thcitight: so but
it was,not what ajew.ilidividuals"Might think, 'Who
were. acci4s.tomed: to scenes which: mankind in gene-
ral disliked—these things must be. decided iby-the.
commortile.iing the Mass of mankind. The
Learned judge rook occasion to observe, that there
was.a material.differenco between muck which w,,as
in MeWs; " andabout stables,..and ticyer
suffered to remain long, ece&ing slough-
ter-hotises in'the,neighbou4o4 of squares, Ecc.&c.
The, Jury ,found a vcrditifor the!, PlaintiF ; wben
Mr. EasttlN.E ,said; his Client would consent,. to
Make! such, alteratj'onsi and arrangementl as might,
Make the. Plaitniff's sittiati,N) comfort4le, to him,
&c:; which was agreed to, and left to the,
Foreman of the Jury to say what that shall be.: .so
that the.jury were. not called on to say what
mages they would give.

OLD -

srx:rx DAY----T177.6/VY, FEB. 23,

•
William George llarriSO?l, Pete? Daly, Israel
Da~ii is, Jaiirei,lo)res, anti. Jaile 117.i110c4, were in_
diced, the two former forfeloniously stealing 'on.
the OM: of January a box, containing a fluailtity
of valuable 'v.;earing alrp4rel; and several -.7rticies of
gold` and. jetvelloy,the property of Capt.:tin Thou-las,.
BrOwo ; and the three List PrisOners; for bein„,o--ac
cessaries after. the 1:46 to the said felony,
rz..,...eivers Of. time .r.O9ds knowing them. to b.C.s'to:cn.:
•

This case, as alreding the Prisot:ers,.rested chiefly
on the deposition of :one• Auntield,, an accomplice,
and hypo had bait admitted as King's evidence.
stated, that, on •theii:j.th of january, the., day
orcceditlg, that on-.which the fad was committed, he
;Tld. the ~prlstoners flarri on. at,id Daly met at..the
Peahen, !,in Gray 's-iniLlane, Order to arrange
their,plan „thieving for thc.day,; in eonsequence
of whiciithey out.,ioto Holborn, and shortly
after,. near til:e top,,nf, that
.street,.. they met . a-boy,
.carrying two boxes, who (unfortunately). asked him
the way to the rcwrv. : on .which he entered
into: con‘,,er•iaiio!!, extra:c.ted froni hire the 'd4.
true of hk.err.kr:!, ar,(l the partic,..ilar,pfac,i Wriititek
lie was going, by olit.aining.a sight of the cata, on
which the direction was written on one Side, and
the name of Captain Bro.vnprii:ited on the other.
This and other liecess.qu ptrticurars, this accom,
plished dcpredator contrit'ed. to pump from the
pile' vktim ; anti. among •Ither.voints, learnt that he
was' to get a for his trouble. With this
intelligence he ran Lack to Hat viSon and Daly, Who.
followed at a due distance;. on which Harrison was
dispatched to ad the•repre;:min,,CatiVe, or rasher the
'enitssary ,of .Captain Bros ii : •'taking a circuitous
route, he cririveti to meet the be as coming ttic..
contrary way ; when lie counterfeited a passi4x),
raved at him for his long-delay,. said he came from
Captain. BroWn for the, boXes— s:f id. he knew he viras ,
promised a Shillitiz,',Whieh he should then have, and
'no further trouble, on giving him the boxes, in.
orderto take them as expeditiously, as possible to
Captain ,Brown : the shilling was administered, and
the boxPs
,fatally given up. The Contrivance did
not end here ; it was managed, with a view to,
fuse the boy, lest he should repent of his
,error, that
the prisoner Daly should repair to the..spot immedi-
ately, ask' the .boy the nearest w 4, to St. Giles!s,
and even io give
,hitn sixpence, for accompanying
him (Dalyito *chat quirter.,: Thjs third irick was
successfully' played old, --arlArthe boy was carried
away. The accomplice, Armfield, and -soon after
Daly, then followed narrison to the appointed spot
for the'.l6speetion a* .disposal
,of'the booty.
In these fads, Artnfleid was corroborated by.the
boy in question, whose name is-Butler. Captain
Brown also proves'. the delivery of them sb a porter
(one Carpenter), who being ill, employed the boy
to carry the. boxes.

By the continuation,of Arrnfield's evidence it ap-
peared,' that the boxes were, taken to Harrison's
lodgings, in Baldwin',s,giirtlens : they all three met
a• quarter of'aiT hour. 'at that 'place ;. aid he en
tered•-into a•ciircilmstAntial detail of the opening•of
the box in presence. of-ithesprisoner Bullock, who
cohabited with Harrison,, and the particulars of their
also (which were io' stated by Cape: Brown,
and their accounts,nearly:agreed) ; the' particulars
of their Sale to the prisoners Jones and Davis—the
gold ',articles and Jewellery to 4"the former*, and-the
wcaring:apparet to qlo.latter : for the whole, ir,ap.
peared, they . only •received 51. Bs. ; whilst they,
were valued, at a low computation, to amount to

near sol. , .
_
Otr evidence to this general effea, which how-
,ever--was farther corroborated by some ,collateral
tircurnstanges, the Jury found the prisoners flarri-
son, Daly, Davis, anti
_tones --•Gurity ; ands AC:.
quitted Jane Bullock.

ja.ogfarsey and Thomas Gill utre tried, the
Cornier for a burglary in- the house of Mti 13isx, of
Carnhill, on the sth of January; and, the latter,- for
b..!iug an accessary after the fad: The- evidence
againstPaisey was that of a Publican into whose
hotbc he came with a. quantity of plate in' his pos.
'session on the morning after the burglary, and there.
he acknowledged his havi ng.rOgied a-ho use in
Guilty:—Deati). till .was ac.qth:tted.,

.
, 'S
k -The following-Epigrammatic
. ..,
1
a La3v, were recei% cd.. at PQP E'S Lottery OIL"'
' Royal Exchange ; . , . .
-
, ' Fo RTUN r leaves the-Akii sky, . . .
, . • When the Lottery's nigh, , , . . .
"'' The Maid who. attends her is Hal, r - '
Are you t ager to know
Her abode here below ?
-I'll tell you, she lodges with Pots.
. Each Freemason' knows
- • He must not' disclcise:
The Aigns which from Masonry rise— --.• . ~
--- Fcia.tv &es LorICl.- has full scope, ..
. The GRAND MAST ER IS,POPS -
• Tke Sign is—aq.,,,,.prrA.t.. Paris!
n:: ::, One Pope liv.kslin I.orne, .
And'much I presume, .
•
- - 7-- =-By .hia,l-IF)lirtes9 iiisnthers-ar foolki— '.
But a far greater POPE .
. " )'' j Lives in'L'Ofitton,' I-hope, - '-• .
W hoc:ta Nuotherc convert into Gold.
_.i. ,
MacTdot-Street, Hanover. square; Feb': 1-7, 1130 z.

• • _
STATE -LOTTERY =oyFT C E, ;No, -iS; CO 014'
Mr.NlcHoLso'N rette&fully acquaints his Frienjs
and the Public, that
,t,he,State Lottery begins cln"y;
ing on Monday next; -the -First 'of -March ; ,
Tickets in the ig rea fest variety Of Nurribers: are 01°I
and divided into Halves, Quarters, Eighths, lt
Sixteenth Shares, which are duly.siampt,
to Aft 'Of Patliainc..nr.• Schenies at large gratis, a
miney for the pries as;_soooas drawn.

1 • At Sherborne market, on Saturday, 'W;lcat NVZIS YetSs P"
b'u'shel, •or64s: pe.r.qtiatter:;• Bar-leY 61,11 ditto, er'`;'-;"
quarter ; Oats 3s..diito, or 24s . per. sassier ; Beans 5-1.,111
ta' 6s:- -or '4.45. to' 4.85. 'per quattcr ; Wittte
IffgtwF than)? t;',:lic•k. The s.el 4sLeri snoic inoney ttssd
• last week for Barleyand but -Niie believe 'the tY:IYer
bai:k.ward toixiivasty•a;ivlitce..
•
;et ••,,:qtnin Market, on the 13th instant, corn ,ell cons
abE•); --Oats:s .Barley,tcrs.• ditto ;
•ditto,, of 24 gallons. . • - • r
• Cara Astk expenitieed‘ a- depression -in- is-lymotitli rnat-c
on Thursday. . •
A t,Devizes market, on the JBth instant,
- Wheat Was 655•
to 695. ;. Barley 345. 'to 4,z's. ,(Begns'3Bl-.. to 555. ; Oats 205'
to 255.
At Newbury, the iffhihkaht, Wheat was 565. to 735';
1 Barley 33rs. to 403. ; Beans ..fOli:'l3 485. ; Oats 'Ss. to 255•
_CR ea.cti ng; on t hr.+ 3,til n s mat eat -wall 4s: to 48s'
Beatty, 325. to 405..
; Pease 38s. to 445. ; Oats 19s. to 215 '
4.00. • ' * •