The Sun.
London, England, 1835-04-30 00:00:00

GLORIOUS TRIUMPH

AT
MANCHESTER.

MR. THOMSON RETURNED BY A
MAJORITY OF 1366.

MANCZESTER, Seven o' Clock, Wednesday Evening.

At the close of the poll, Mr. Thomson addressed a very nu-
merous assemblage from his head Committee-room, thanking
then, for the very triumphant majority with which they had
placed hit at the head of the poll. The people greeted him
with enthusiastic applause, and at the conclusion followed him
to his hotel, bestowing on him their hearty congratulations.
The Election has passod over without the slightest inter-
ruption to the good order l/f the town.

WEDNESDAY, Amu. 29.-SECOND DAY.

TEN O'CLOCK.

Thomson .:...... 2BOl

Braidley ..... ...
ELEVEN O'CLOCK

1609

Tloutson—...... ..... —... 2881

-- -
Braidley
TWELVE O'CLOCK.

Thomson 2961

Braidley

ONE O'CLOCK.

Thomson
Braidley

VICE-CHANCERY.-(THIS DAY.)

QRISSELL V. THE MARQUIS OF SALISBURY.
PENTON'S HOTEL.

Mr. KNIGHT applied on behalf of the plaintiffs in this
case, for an injunction to restrain the defendant, the Mar-
quis
of Salisbury, from appropriating the first floor of some
new buildings in Blue Ball-yard, St. James's-street, next to '
Fenton's Hotel, to the purpose of stables. The plaintiffs
were the landlords of Fenton's Hotel, as trustees under the
will of Mr. Peto, the great builder. The defendant, the
Marquis of Salisbury, had been making various alterations,
and erecting new bnildings in the neighbourhood in ques-
tion, part of which ,close to the party wall of Fenton's
Hotel, he intended to appropriate to the purpose of stables,
the horses to be on the first floor. This would be a very
great nuisance, and would materially injure the business
of Fenton's Hotel, inasmuch as the place occupied
by the horses would be level with several of the back bed-
rooms, which hitherto had been considered by many per-
sons of distinction visiting the hotel as the most quiet and
retired rooms in the house. If the noble defendant was
allowed to appropriate the building to the purposes he in-
tended, not only would the customers of the hotel be an-
noyed with the horses, but they would have to endure the
disagreeable smell arising from the stables. It was true
some persons could sleep notwithstanding the noise of a
stable, but the Learned Counsel thought that none but
those whose early associations had taught them to consider
the smell of a stable a perfume, could enjoy rest within its
precincts. If the noble defendant was allowed to adopt
the plan he had in view, the result would be the utter ruin
of the hotel in question, as those persons who were in
the habit of frequenting it had stated their determination of
going elsewhere if stables were allowed to be there. It would
not be so objectionable if the Noble Marquis intended to
occupy the stables himself, but that was not the case, for a
board had been erected stating that they were to be let.
Under these circumstances he trusted that his Honour
would grant the injunction.
Mr. HULL followed on the same side.
Mr. -‘,VIGRAM opposed the application on behalf of the
Marquis of Salisbury, on the ground that the plaintiffs
were too late, and, as the buildings were erected, it ought
to be tried whether their occupation as stables would prove
a nuisance. No nuisance had been proved, and the Court
would not anticipate one.
Mr. KNIGHT replied.
His HONOUR, in giving judgment, said that the matter
was one which was extremely difficult to deal with.
There had originally been stables on the premises in ques-
tion, and Lord Salisbury now proposed to do that which
he undoubtedly had a right to do, raise the buildings on
which there formerly were stables on the ground floor. It
did not appear to his Honour as a necessary consequence,
that if the upper floors were used as stables there would
necessarily be such a degree of additional annoyance as
would amount to a nuisance. It was obvious where the
inhabitants of a large town lived together in houses close
to each other, that there should be some degree of forbear-
ance on both sides. A person might live next door to a
lady of fashion, who was constantly in the habit of giving
routes and balls, which might be very annoying to her next
door neighbour, but his Honour thought a party would have
some diffiwulty in maintaining an action against her for a nui-
sance. Honour once had the good fortune to have Mr.
St. John Long as his next door neighbour, who was in the
habit of keeping diseased sheep in his cellars, who were
bleating all day and night, whether returning thanks for
their cure, or praying for their deliverance, his Honour did
not know, but the noise was incessant.—(Laughter.) Not-
withstanding this, he did not think it necessary to take any
steps. There were a variety of cases in which a person's
neighbour might legally annoy him, and he must bear it.
On the whole, his Honour thought the subject was too un-
certain and untangible for him to deal with it ; the motion,
therefore, must stand over, with liberty for the defendant
to bring an action.
Mr. WIGRAM said that Mr. Fenton might understand
from him, that it was the intention of Lord Salisbury to
use the stables himself.
The VICE-CHANCELLOR—For myself, I would as soon
sleep in the back-room at Fenton's Hotel, if the stables
were occupied by the Marquis of Salisbury, as I would in
the front bed-room of the house.

KING'S BENCH.-(THIS DAY.)

THE KING V. SUTTON.

This case, which was an indictment to try the right of
the defendant to contribute to the repairs of a bridge, by
virtue of his being the owner of a certain manor held to be
liable, and in which a verdict had passed for the plaintiff,
occupied the Court the entire of yesterday. A rule to shew
cause why the verdict should not be set aside and a new
trial had, having been obtained by the Attorney-General,
Sir FREDERICK POLLOCK was heard against the rule
and Sir JOHN CAMPBELL in reply.
Lord DENMAN this morning observed that there was
considerable difficulty with respect to the second ground of
objection urged by the Attorney-General, namely, that the
defendant was the owner but not the occupier of the manor
lands in question. The Court would take some time to
consider the matter, and if necessary, would hear the At-
torney-General again.
Judgment deferred.
DOE DEM. WRIGHT V. DARE.

This was an action of ejectment, brought to recover
the possession of four small pieces of ground, in which a
verdict had passed for the defendant.
Mr. Serjeant TA LFOURD now moved for a rule to show
cause why a new trial should not be had, on the ground of
misdirection on the part of the Learned Judge before whom
the case had been tried. _ .

.
Mr. Serjeant LUDLOW and Mr. RICHARDS were heard
against the rule.
The ATTORNEY-GENERAL was about to reply when,

The COURT observed that it was evident that a consi-
derable portion of the land in dispute had been encroach-
ments made by the tenant without the consent of the land-
lord, and for which he merely paid the rent originally
demanded and paid for the small portion. It was of
opinion, therefore, that the rule for the new trial should be
made absolute.

EXCHEQUER COURT.-(THIS DAY.

PICAS V. LAWSON.-DICA S V. BARNES.

A few terms ago the plaintiff brought an action against
the Times for three alleged libels, and he thought it neces-
sary, in order to support his case, to subpoena Lord
Brougham, then Lord Chancellor, and Mr. Barnes. In
Michaelmas Term he applied to the Court for an attach-
ment for contempt of Court against the Noble and Learned
Lord. The Court on that occasion said there was not the
slightest pretence for saying that the Noble and Learned
Lord was a necessary witness, as he was merely wanted to
prove that which could be done by any one, and which was
actually done by the plaintiff's clerk. They therefore re-
fused the application.
A Rule for a new trial in the case of Dicas v. Lawson,
(the verdict having been for the defendants) had been ob-
tained, which was argued on Tuesday last at considerable
length, when the Court refused to disturb the verdict. On
the same day Mr. V. LEE moved for an attachment against
Mr. Barnes, for a contempt of Court in not appearing upon
his subpoena.
The ATTORNEY-GENERAL this morning had a proposi-
tion to make, which was, that if the plaintiff would forego
the motion for the attachment against Mr. Barnes, he (the
Attorney-General) would consent to a stet processus in
the case of " Dicas v. Lawson," in which the Rule had
been discharged.
The COURT recommended that the matter should be so
settled.

The plaintiff's Counsel agreed, and the matter dropped,

INSOLVENT COURT.-(THIS DAY.)

William Dale, a miserable looking man, applied upon
his petition to be discharged from Horsemonger-lane gaol.
The insolvent, who had been a green grocer in Paradise-
street, Lambeth, had been in confinement ever since the
2,9 th February, and all he owed in the world was 241. lOs.
On being asked by the Learned Chief Commissioner how
much he had paid his attorney (Mr. Bowden) for conduc-
ting his busit:ess in this Court, said, " Four shillings and
sixpence."
The attorney said this was a most distressing case ; and
had it not been for ciility, the insolvent and his family
would have starved. There were two or three duplicates
mentioned in the schedule to a smal! amount, and he hoped
the Court would allow the discharge to issue, without
giving them up.
The Learned COMMISSIONER said certainly, and ordered
the immediate discharge.
The poor fellow appeared very grateful.

LEAD AND LEAD ORE.—The total quantity of
lead and lead ore imported into the United Kingdom in 1833,
was 2,398 tons ; and in 1834, 2,122 tons. The quantity of
British lead and lead ore exported in 1833 was 11,145 tons;
and of foreign, 863 tons. In 1834 it was, of British lead,
10,411 tons ; and of foreign 867 tons.
____

COPPER AND TlN.—The total quantity of copper
imported into the United Kingdom, in 1834, was 159,304
cwts. The British copper exported amounted to 177,731
cwts. The copper smelted in this country from foreign ore
exported, to 23,714 cwts ; and the foreign copper ex-
ported, to 12,790 cwts. Of tin, the quantity imported in
1834, was 46,76 d c7.-tq. The British tin exported amounted
to 9,341 cwts. ; and the foreig.l, to 46,684 cwts.
BAILABLE WRITS.—The number of Bailable
Writs issued in the years 1830, 31, 32, 33, and 34, out of the
Court of King's Bench, was 63,793 ; out of the Court of
Common Pleas, 22,794 ; and out of the Court of Exchequer,
34,691.