The Sun.
London, England, 1804-12-01 00:00:00

got possession of them by means of the imposition
praAised on the Captain, and had afterwards sent
them•t<i• the Defendant, not in -an absolute contras}
of sale, but to be disposed of, if Mr... Baker shou:d
think proper to purchase them. Mr. Ro,e had by
this time sent round to the trade, informing them
of the fraud,, and desiring them, if the goods .were
offered for sale, to detain them : the Defendants ac.
cordiogly kept possession of them, to deliver them
to the right pwner. The Learned Counsel said, he
thought it necessary to state, that he' had a real de.
fence on the parr of Mr. 'Baker, who was an opulent
and respeetable tradesdan, before he availed him,
self of an ohjedion which would at once put an end
to the suit. The aftion was against Mr. Baker
and his sun j )intly, whereas the son was a minor,
and no ways concerned in partnership with him.--
This•faf was proved by a witness, and the Plaintiff
was immediately non-Suited.-

COURT OF COMMON PI.LAS, Nnv. 29.

SITTINGS .*T NISI WWI,' 111410 k a SIR jAMt& MANS-

11/I.D,

GOODUE MINTER. •
This was an anion for a nuisance, brought by the
Plaintiff, who kept a conk's shop in Blandford.it reef,
Manchester-square, against the Defendant, a tai.,
low-chandler and tallow.melter, who lived next
door to him.
Serjeant BEST, in a very able manner, stated the
case of the Plaintiff", and called Owen Edwards,'
who deposed, that he lodged in the house of the
Plaintiff, between January and April last ; and that
he perceivedra very disagreeable smell twice a week ;
that he was often awoke our of his sleep by a nasty
smell, which was so had, that he was obliged to
get up and_open the window, .which sometimes re.
lieveti him but often, when the wind blew from a
particular point, it on;y matte it worse, and obliged
him to shut it down again ; that it produced sick.
ness in the-stomach.and retching ; and his wife was
affected with it as b►d, if not worse, than himself";
that when he got up in the morning, after cline
of the melting• nights, the house was full of smoke
or steam, which had a very disagreeable smell, and
:that altogether the house was very unpleasant;
Martin Miter swore he lodged in .the, house of
the Plaintiff aboUt six years and a half, and that
the stench was not near so had when he first went
there as it had been lately. He often muck a
light in his room when he was awoke, hut could
not see the length of hi, arm before him, on account
of the steam ; and that he had often spoken to the
Defendant about it, who jeered him, and said it
was very wholesome.
William Coverdel had been in the habit of 'going
to the Plaintiff's house to get his dinner, and had
been more than once obliged to rise from his meet),
and go out on account of the smell. 'He had seen
other persons do the same, it • made them all so
deadly sick ; and that the Plaintiff bad not now : in
many customers as he had when he first frequented
his *hop.
Sarah Edwards, servant to the Plaintiff, said, the
smell. was past healing twice a week; and that she
had often seen her mistress obliged to go into the
fields with her children, for the. purpose of taking
fresh air. _

........ ____
Some of the people of the neighbourhood were
then called, whit proved that they were greatly an.
noyed by. the Defendant's workshop.
William Kitchen, a butcher, who lived opposite
to the Plaintiff; said, that before the Plaintiff came
into the neighbourhood, the landliard of the De.
fendant had come about to all the neighbours, and
obtained leave from them that the Defendant might
carry on the business of a talhow.chandler, but that
he Should not melt tallow for his own use' or for
the purpose of selling. He said, he now sold his
fat to the Defendant, he hiving come to him and
asked him fur it. The Witness then asked him
how he could have use for his fat, when he had en.
gaged nut to melt it ? to which the Defendant an.
swered, that he would hay is complement at any
rate, anti might as well e
it from him as any
one else ; in consideration o which he sold him his
fat for the future.

Richard Rayner heard the Defendant say, he had
made every thing as agreeable as he could.
Serjeant Sti Ertl lilt) stated the Defendant's case.
Joh Bates was called, who deposed, he lived with
"the Defendant about seven.years ago, and remained
about a year ; 'he then left him, and returnul to him
about four yeats ago, and remained- with hirnabout
the same time. The business bad nut increased;
when he was there last, he had often got the kitchen
seafront the Plaintiff for the purpose of melting,
and the smell front it was munch ,worse than from fat.
They melted fat twice a. week, but did not melt
kitchen stuff More than oncb in six weeks.
Some other witnesses were called, who• swore,
that the Defendant had tto increase of business, and
'that he-took much snore care to oblige his neigh.
boors than any chandler they knew.
William .DJVC, a bricklayer, made alterations in
the Defendant's premises, fur the purpose of allow.
ing his men more rOtin to 'work ; that he low done
every thing by the Defendant's direetions, fortlw
purpose of preventing the smell from annoying his
neighboOrs ; and that be had had a meeting about a
month ago, with three or four chandlers, for the
purpose of sulking out some way of Carrying off the
smell, but nothing more could be done.
'Lie Chandlers who hail met the last witness at
the Defendant's hoUse were called, who swore, every
thing that could be done was done, for the purpose
of carrying away the smell, and that the workshop
was as well sued up as it possibly could be.
Sri JAMES MAliSFiltl.o summed up the evidence
with his usual impartiality and precision.
The Jury immediately returned a Verdift for the
Plaintiff, with Sol. damages, and 401. costs.