The Sun.
London, England, 1805-07-11 00:00:00

LAU' REPORT.

OF KINC7OS BENCII, WESTMINSTER, IULY9.
ajrIINCS r 141b1 Pit IVA lIN FOR Lox!) t I. NSOROUGH,
AND A. SPECIAL
NtIiSANCF..

THE -3.UNG V. ALF/BATON,

Mr. G-Aa'rlow, foe the 'Prosecution, stated, that
this as an :Indiament prosecuted by several re-
spectable inhabitants of the neighbourhood of Marl-
borough-street, against.the Defendant, who carried
on a very extensive ,pewier rnauufaaory in that
utreet; . which was NeOrked with a steam engine
thisinittetinent was -not preferre,d thrvgh any Mo-
tives- whatever of a maltnant nature, but merely
with ti'view to'retnedy an evil by some easy means ;
in the use of this engine a. large quantity of smoke
was emitted, sans to darken' the atmosphere, and a:
quantity of grease being used in the proCess, which
carried with it such an abominable stench, that he
Might well say, as lie remembered hiSarned Friend
(Mr: EIiiISINE), once speaking of which,
as in this case, some of the Gentlemen of the Jury
had,had oe the premises, that it was. rather a smell
than a view. This, he' observed, might easily be re-
medied,' and he adverted to the case of Mr. Thomp-
. yin, of Aldermanbury„ who had been a nuisance
to his neighbours, but very ingeniously contrived to
—consume the 4rnolte by fire (a process for which Sonic
.person had since obtained a Patent), and thereby
prevented every thing which could be at all often-
sive. If something of the kind Could be done in the
present case, the Prosecutor did not seek for more.
Lord ELLENBOROUGH intimated to the Counsel
on both sides, that this Matter might very well he
settled out of Court.
Mr. ERS.KINF,,, for the Defendant, slid, he was
'eu willing to do so ; the premises had cost his
Client upwards of 70001. he carried on an exten-
sive, ingenious, and useful branch of trade, and it
would be rather hard if he should be obliged to re-
linquish it.
. It NVIAS then agreed that the matter should be left
to the four Gentlemen who had viewed the pre-
mises, and were conversant with the business, to
say whether the nuisance existed; and if it did,
whether it could be remedied, and if so, in what
inu ; the Defendant to undertake to make such
alterations as should be direded ; and a verdict was
entered accordingly.

ASSALILT

TIM KING v. mtg.

This was an indiaruent for an assault and false
Imprisonment.
Mr. Ganitow stated, that the Prosecutor, Mr.
Robert Anthony Lowrie, was an architetft by pro-
fession, and resided in the neighbourhood of the
iveramt, who kept wine Vaults in Glasshouse-
street, Piccadilly. The Prosecutor, who was a
man of education, and had seen better days, had
purchased .4 pia of kill, fin medicinal purposes, at
the shop of the Defendant; `suspeding it wits not
full measure, he tried it in a standard treaiure of his
own, and found it nearly one-eighth part ;
he so9n after went back to, the
,shot', carrying his
own measure along with him, and called for another
half pint, which appeared to_till the meagure be.
longing to the Defendant's shop ; but when he tried
it to his Ten measure, he found it as deficientas the
former, and observed it to the servant who served
hint : she said, her measure was sealed as well as
his—and immediately the Defendant came forward,
called the Prosecutor a common Informer, produced
• a Constable's staff, and sad he would take him into
custody : the, Prosecutor remonstrated ; but the
. other stind him bY the collar, and calling the as-
sistance of another Constabler-who' came np at the
mot/lent, he dragged him to St. James's watch-
house, representing to the people in the street, as he
passed, that he was a common Informer. On arrive
. tog at the watch-house, the watchman, in, the ab-
sence of. the, Constable, advised the Defendant to
bring him before the Magistrates at Marlborough-
street ; but this would not answer his purpose ; he
- insisted on knowing the Prosecutor's name, who,
from motives of delicacy, or, some* other particular
cause, declined givinfr it. The Defendant then
wrote in the watch-book as follows :—" Timo-
'thy Surr, charge a man, who refuses to acknow-
ledge his name and residence, with a charge of false
measure, and FM acitiFf. riot in my house, inasmuch

as he called out ." irder !" when several persons
were present, where no p4rsonal injury ettuld have
occurred to then laid stria injunaion
ee on the watch not to accept of any 'bail for hlin. This
occurred on Saturday evening, and the Prosecutor
was kept a close ',prisoner till Monday morning,
When he was brought 'before the Magistrates at
Marlboroughstreet the Defendant swore an as-
. sault,against hint, and he was obliged to find bail.—
Ho afterwards attended at the', Quarter SesSions,
and the Peteridant not appearing to prosecute, he
wilurew his recognizance, and commenced :thi3
proiccution.
The'Prosecutor having proved these faes, he was
by Mr. Ensmgn, on the part of the
Dvtilld.int 3 ht wholly denied he had used any op,
vrohl.iorts words at the i'Defendant's shop, but adintt-
ted he had made use of some- hatittlt expressions in
th,.. Watch-house; and positively denied: tl at the
Defendant kid'otferiNl to liberate hint it he Nrll
tell his; name, W.hdri Mr. ElitlyaNi; pressed 1); aTioit
the sithjeet of his profesittn, and his••mnde' of lice,
he btziluo visibly aircaed, and '‘.4,s at last so tool
agitated, that he was obligeil to retire. While ab-
•
sent, one of the Jury declared hehad known him for
- sonic years; he was much reduced in the world, and
be had employed him sometimes as a jottrne • yman
. p:yer-hatiger.
tilt h a return, Mr. Easrailr. was proceeding in
• his examination ..vitb respect to the measure and
fraud on the public ; when
Lori ELLENBUROUG o:4,?rved, that if the man
COOCIVed himself impo,el upon, it was no risott
chould be dragged to the watch-arouse; hi I,fir4-
sllip said, lie mentioned this as a caution to the De-
" l'endarn, When the Proiecutor had 1(.11 his mea.i.nre
to 'stand a fair trial, w.,9 he t,-) be brought to the
watch'•house, and afterwards :in assault set up against
him ? if this NVL` pei..T:isted in, he declared the (_.turi
would hereafter vi:;it it wi ii a severe punishinent.
Mr. Fo:sx.lNr! said, he was instructed that ne had

LUlst PON t muted by R
• ;it th. SGN-1..)17.

several No, itness'estcl,eontradia the whole of the Pro-
seeutor's testimony. , . .

• After some other witnesses were examined, as to
the imprisonment of the Prosecutor, Mr. ERSKINE
was proceeding to state the del.ace, when
. Lord ELLEWBOROUGH again observed, that he
would hold the Charge in the Watch-house Book as
conclusive evidence tint there Wasno assault by 't'Ae.
Prosecutor at the time; it was an after-thought of
the, Defendant ; and if any persons were brought to
perjure themselves, it should be visited hereafter with
doubler weight upon the head of the Doferiamit.
Mr. k4RWINE replied, that he should reserve the
rest. of his case for the time of the Defendant's being
brought uP tbr Judgment.;
Lord
.ELLENBCIROI7GII asked for the measures, in
order that they might he impounded in Court : the
Prowcutor's was produeed, but the Defendant's was
not; however,- Mr. Ensursr. said, he should po4-
tively prove it was the identical one the Prosecutor
had seen in the shop.
The Jury found the Defendant Guilty.

JULY 10.

LORD MACCLESFIELD V. lIODGES AND OTHERS.

The Plaintiff resides in Conduit-street, in the P -
rish of St. George, Hanover-square : the Defendants
are Commissioners tOr paving and lighting that diS-
tat:

The SOLICITOR. PENER AL said, that this adieu
was brought-against the Defendants for polling' down
and carrying away some gates belonging to the Noble
Plaintiff, which obstnicted the communication he-
tween his Lordship's stables and Maddox-street.....
He should slim the title the Plaintiff had to the pos-
session of the yard thus separated from the street;
and he should prove the violence was committed-,
after which he was authorised to expeet the verdi&
of the Jury. The witnesses having withdrawn,
Mr. PARKE, for the Defendants, said, that the
parish of St. George, Hanover-square, had always
the reputation of decency and propriety, and its af-
fairs were concluded by Lords Romney and Hampden,
and many other persons of the first dlstindion in that
neighbourhood. The yard froth which the Public.
were excluded by these gates .of the Plaintiff was
Public Ground, to the enjoyment of which all His
Majesty's Subjeds were entitled. As a proof of this
right, he should slim, that for twenty. years past it
bad been lighted; and that in 1793, and in 1799, it
had been paved at the parochial expense. The
Commissioners, who were the Defendants, were ap-
pointed under the Statute of the e9th Geo. HI. C. 75,
and it was their duty not to admit the public pri-
vileges' to be infringed. If the place were occa-
sionally converted to the reception of prostitutes,
every situation was liable to be abused, and the io.
oftensive passengers were not to be denied that ac„..
corm-iodation which, the parochial limits :Itl'orded
them. When the evidence was conelvitied,
Lord. ELLegeoaouon stated the nature cif. the
;alp, the pnuciples of taw, and the fads as refer-
able to them. He said, the consideration for the
Jury was, whetter the space froM which the public
were prevented free admission' was, a pleCe.under
the care of the Parochial Commissioners:; within,
the filming of the Ad. A place might be entirely
laid open at all times, ar'inight be public 9tily sub
If the Jury thought that biS Lordship had no
general right, .they. might consider he had a partial
right, 'at particular times and seasons, to prevent
intrusion on the premises. The circumstance, how-
ever, of the liipiting and Paving at the expellee of the
Pariah, was indicative that no' such right existed'
but the Jury would attend to all the circumstances
of the case, and draw their conclusion aecorditigly—
Verdid for the Defendants.

of his habits, his Lordship maimed up the ei-idencc
and the Jury delivered the Verdi .--Not
The sensation which this decisien occasioned
produced some disorder. one Gentleman expre.sled
his feelings so clamourously, that he with difficulty
escaped immediate punishment. His Lordship said,
it he could discover the person who conducted him-
self so indeeentFy he would instantly coramit.him:
Gentlemen ought to be instructed in the resped due
to the institutions of public justice.