The Sun.
London, England, 1866-10-10 00:00:00

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N°. 23,192.

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-- y ••• - •P•- -.. '7.'

•

the amount of depreciation to the other portion of
the estate. It was for the jury to say in money
value what would compensate Mr. Chapman for
bythetagkr
nagt
tnbuni snaonr :en r tohfa tb %s' 0
purl
ndp
ebre i ntynfleiac
rt e oLn
nn
dhoinm,
and a cottage which was necessary to prevent persons
trespassing on the estate. Mr. Hawkins, in address-
in.g the jury, referred with much satisfaction, he said,
'to a dictum of the learned Under-Sheriff, who
DOW presided, that one fact was of more value
than many opinions. All the evidence was in fact
speculative opinions of the valuers who had been
called. There were two points for the consideration
of the jury—the value of the property taken, and
what was the damage, if any, to the remainder of
the estate. lie submitted that the portion taken did
not infringe the other part, and that the compensa-
tion agreed to be paid for the other part which ad-
joined the present, £350 in addition to the value of
the land, was all that could be obtained. There
was, in fact, no case of " injuriously affecting" the
rest of the land as it was called, and the question he
had raised was more for the learned Under-gueriff
than for the jury. Mr. Under-Sheriff Burchelh ex-
pressed an opinion that, although the property A
and B belonged to the company, and they now
required another portion, which might be called C,
the claimant was entitled to compensation for any
increase hr damage that might arise. The learned
Common Sergeant observed that, if the place was
used for the purpose of sewage, surely Mr. Chap-
man would have a right to claim compensation:

4d.
STAMPED 5d

maker from Glasgow, residing in Hatter's• close,
Pleasance, was taken ill on Tuesday, and died within
30 hours of severe choleraic symptoms. His wife and
child were immediately removed from the house, and
the disease did not spread further in this district.
u Tuesday, also, the disease appeared in Crombie's-
land, West-port, a spot notorious for the crowded
state of the houses, the impure nature of the air, and
the utter absence of sanitary precautions—and dar-
ing the week three fatal cases, one where recovery is
doubtful, and three where recovery is expected, oc-
curred, making seven cases in West-port. OnThurs-
day a woman named Masson, living in Shoemaker's
Close, Canongate, died of severe dysentery. It ap-
pears that the poor woman was a hand-sewer, and
only earned about 3s. per week. She was often
at starvation-point, and on Sunday last her dinner
consisted of boiled cabbage only, which led directly
to the attack of the disease under which sip expired.
A man and woman living on the same flat were
attacked with choleraic syMptoms, and both died
on Sunday. In all the cases mentioned, with the
exception of the cases of two chiidren, the persons
who died of the disease were well advanced in years,
living, in habits of dissipation or under conditions
favouring the attacking disease ; and whenever the
family was removed on the outbreak of the disease
in a house itwas confined to the person first attacked.
In some cases the ignorance of the sick persons and
those in attendance was extreme, and the nurses sent
by Dr. Littlejohn, and even the doctors, were looked
upon with something more than fear. In one in-
stance the nurse was assaulted and forcibly expelled
from the house by the friends of the sick person.
The east wing of the city poorhouse, which was
secured by the city authorities some time ago for an
hospital in the event of the outbreak of cholera, was
opened on Tuesday for the reception of patients.

Mr. Hawkins apprehended that it would only be for
the very small portion of land. The learned Under
Sheriff thought that a gentleman whose property
was affected could ask the jury to consider all the
surrounding circumstances—the position of his
estate to the part required by a company for public
purposes. In placing the case before the jury, he
said no doubt one fact was worth more than many
opinions. The jury had heard the evidence of
three gentlemen, and although they -had given
their opinion, it would be recollected that no
evidence had been offered on the other side and in its
absence he would suggest their opinion was worth
the consideration of the jury and entitled to weight.
There were two questions for their consideration—
the value of the land, and the damage, if any, caused
by the severance. He had already given his opinion
on the latter. The jury would consider the points
taken, ascertain the value of the estate, and what
diminution in its value had occurred or was likely to
occur by the severance now made, and would bring
their common sense to bear on the matter. The jury
retired, and on their return estimated the value of
the land taken at £204, and awarded £225 as com-
pensation for damage to the remainder of the estate.
i