The Sun.
London, England, 1850-03-06 00:00:00

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT— Winchester, March 5.
NISI PRIUS ~COURT.—(Before Mr. Justice ERI./3
and a Special Jury.)
TEIVELL V. ETIVILL AND LITCHFIELD.

Mr. Crowder, Mr. Barstow, and Mr. Beetham
were council for the plaintiff; Mr. Cockburn, Mr.
Smirk, and Mr. Massey for the defendants.
This was an action of trespass, for breaking and
entering the premises of the plantiff—to wit, a bone-
boiling house, and taking and seizing the goods and
chattels of the plaintiff, of great value. The defendants
pleaded amongst Other pleas a justification under an
order of justices, made under the Nuisances Removal
Act, 11 and 12 Vic., c. 123, to abate a nuisance
after service of the order to remove it on the plaintiff;
they also pleaded a justification in entering to abate a
public nuisance, eminently dangerous to the health and
life of the neighbourhood. The plaintiff in this case
is a bone-boiler, tallow-merchant, and manure-maker;
and the present action was brought under the follow-
ing circumstances :—ln May last the plaintiff, who
had been a bone-boiler at Southampton, took premises
at Redbridge-lane, which is between Romsey and
Southampton, where he commenced the business of
bone-beiliug. Mr. Etwall, one of the defendants, is
a magistrate of the county, and an ex-officio guardian
of the Romsey union. Mr. Litchfield is also a guardian
of the same union. This action was brought to re-
cover damages for the seizure of a quantity of bones
and liquor made on the premises of the plaintiff, and
principally to try the question whether he could con-
tinue to carry on his business. It appeared by the
evidence on the part of the plaintiff, that owing to
some complaints made by parties living near the fac-
tory, an application was made by two occupiers of
houses near, to the guardians of the Romsey union.
The premises were inspected by two surgeons ; and,
acting on their report, the guardians served the plain-
tiff with a notice to inspect under the Nuisances'
Removal Act, 11 and 12 Victoria, cap. 123. He
was then summoned before the justices, and on the
6th of September the case was heard. -Witnesses
were heard on both sides, when the justices ad-
judicated that it was proved to their satisfaction that
the premises of the plaintiff were kept in such a
filthy state as to be a nuisance injurious to the
lives of persons living in the neighbourhood, and that
upon such premises offal, filth, and refuse was kept,
and they ordered the plaintiff to abate such nuisance
by removing the cause of complaint, being the said
offal, filth, and refuse ; and if the order should not be
complied with by the plaintiff, they directed the
guardians to enter upon the premises, and to do all
matters, works, and things which might be necessary
in such manner as directed by the Act, to abate the
nuisance. This order was duly served on the plain-
tiff, but he continued the business of bone-boiling as
before. On the 12th of September, Mr. Etwall and
Mr. Litchfield went to the boiling-house of the plain-
tiff, and, acting under the order as guardians, and
taking all responsibility on themselves, they, with se-
veral more as assistants, emptied the copper of its
contents, which consisted of bones, fat, horse-hoofs,
and matters of that description, which were boiling
in the copper, to the value of about 15/. ; this they
removed and buried in a field in the neighbourhood. '
This was the trespass complained of, for which the
action was brought.

For the plaintiff numerous witnesses were called,
who swore that in the manner in which the business
of bone-boiling was conducted, no noisome effinv:a
was created, nor any gas evolved, which was in any
way injurious or prejudicial to health. The place
where the factory was situated was thinly populated,
and the nearest house was sixty yards from the boil-
ing-house, and it was proved that the people in the
immediate neighbourhood were all healthy. The
mode of conducting the business was, that bones were
bought of the various butchers in the neighbouring
towns, collected together, broken up, and then boiled
in the large boilers. The fat was then skimmed off,
after which the liquor left was run into a tank for ,

liquid manure, and the bones were taken out and
(.1_
afterwards ground for bone manure. The proc es s
or
boiling was represented not to cause any noie resented
e. ven unpleasant smell, and the witnesses rep,,
" like the smell of a gentlemans
to
the
" not offensive at :ill ;" caused no injury
but was really beneficial." One witness liked tin:,
smell—it was healthy." Another, like boi!ed bee, _
Mr. Wood, a chemist in London, was called, w"
gave it as his opinion that the small portions of ilvld.
were o°' to
dro-sulphuric acid and ammonia which kitcbep;,
from the bones in the process, were not lninri°l/3 el
the health of the neighbourhood. He had exatninnta
the prerniFeß when the boiling was in operation,
said ,c he had smelt worse smells at a public dinnelloit
A surgeon was c died, who Mated that the sn..`t,
caused by the process of manufacture was not 00'1
but was not calculatd to injure life.
For the defendantes, it was contended that they
whe
only acted as they were bound to do at a dine
the cholera was raging close to the spot in they and that they were perfectly justified in all theY
done, as they were only parochial officers acting 111;1-
der the order of the justices in removing whatd
been adjudged by the order to be offal, filtb, go
fuse accumulated on the premises, so as t° be irVceS
rious to life. It was also contended that the jottso
were right in their decision ; and numerous wi.tne! in
were called, who described that at the tint'.o,
question the stench proceeding from the bout
9:
house was avaal, and frequently made Pas'ethe
by sick; that the bones were brought t° 001-
boiling-house in a dreadful state of ,de,,c the
position, covered with maggots ; the stench Ir?"• de.
cask in which the liquor was found was a`s° were
scribed to be very bad. Several medical men vrcit,
called, who proved that the gasses evolved b7s to
composing animal matter were highly offehsl"- it
the smell and injurious to human life, webxertreevaierretellt
extended, and that cholera was likely to be
mortal where such exhalations existed ; and that Li-
having heard the evidence they should not haved'res,
tated in having ordered the removal of the bew
house. to the
• Mr. Justice ERLE, in summing up the case rin
jury, left three questions to them—first, Dyed
fact the contents of the co pp er, which was re'll°ore
by the defendants on the 10th of September, 114th
identically the same as that contained in it on Oleos
of September, when the complaint to the arisingjusti
made. Secondly, Was the cause of pant( ,ho
from the bone-boiling on the 12th subllY4h.
same in character and degree as that on thefilth,
Thirdly, Were the contents of the copper, curious to
and refuse so kept as to be a nuisance, iniitood
the health of persons living in the neighbebr"i to
On the first question it had been contended, tbarder
justify the removal of the bones, &c., under the order
of the justices, the matter removed must be ',ye. of
to be the identical matter which was the Inet'roeel
complaint on the 4th of September. The beastion
Judge stated, that he should leave the 61'1500
to them, to prevent the case from coming,. was
again ; but that he should hold that l's it
not necessary to the justification, thativero
should be the identical matter 4 it to one
of the same character, and he likened.the ease wage,
of a nuisance produced by accumulations of oe.rf ibis
brought daily, and removed the next day' :1-'0 1311
were not so, the order of the justices 11305;25y of
cases be a nullity, and there would be ne v'e As
abeting the continuing nuisances of that kine•or as
to the fact, of course there was really no que'tlielen,
the contents of the boiler were changed dailY• sieion
as to the second question, he expressed his ereat be
that the matters authorised to be removed must 1
that the matters authorised to be reflioV, klaus
such as were of the same character and effeetlhe eth
and degree, as those in the boiling copper en the
and degree, as those in the boiling copper °ged it to
of September, when the magistrates adjudgre,. 50, hbe
filth, offal, and refuse, within the Act. 11 store,
held that the nuisance was cf a continuing 13,•ofii-
and the defendants were justified, as parochialm to
core, acting under the order of the justieea,i th:a'e
t_bt;
the third question, the Learned Judge state"
his opinion it was an immaterial matter to the
some
but as the issue caused on the pleadings was it the
degree ambiguous, he thought it best to put " ought
jury ; and if it were material, he thought theYhongat
not to find it in the affirmative, unless they t use of
that the boiling in question was in the usual lc of
the business a substantial detriment to the 11 bow so
the neighbourhood. It was not necessary t°,s"-„eb
actual injury to health, if the effluvia was ei s'ots it
character as that in the natural course of eve
would be injurious to health. ,oroe
a
The jury, after an absence of some time, re' give.
and answered all the three questions in the n„egto he
Mr. Justice ERLE then directed the Yerdieurfes 151.
entered far the plaintiff on all the issues, darn% corn"
This case, which created the greatest interes7i sees
menced yesterday morning at,
ten o'clock, einb"nugh
not concluded until two o'clock to-day/ a't lest
Mr. Justice Erie sat until half-past tWelle
night. ien).
CROWN COURT.—(Before Mr. Justice TOr"-eien'
Edward Charles wasPhilps . indicted for thie4-10 of
slaughter of Richard Thomas Farrell, on the '—
September, at Hyde, in the Isle of Wight. for the
Mr. Poulden and Mr. Cooke
prosecution ; and the prisoner was defended hi
Wise. which
The • '
principal evidence consisted of the deP v,eich
and dying declarations of the deceased, eveningfre
it aypeared that about half-past eleven in the wife
appearedgr.
of September 15, on his way home, he saw tiled the
of the prisoner outside a public house "'to give
Thatched House, and, upon her asking him d sent
her some gin, be complied with her request, °now for
her
into the public-house with his son, wh° ouP
it. When she came out she asked Farrell to go
the street with her, as she was afraid the pot,. went
fall in with her. The deceased agreed, and t—it
aP-
on towards a house called St. Peter's, whereae Ore
peered Mrs. Philps's mother then lived, to to went
ofh it. Instead of going to the front door, thef jot
t rohugh an underground passage into an area'ashea
outtt they were leaving the passage the prison eres 00'
upon them. Farrell said, Ned, th- Pll
Tbe
thing amiss between me and your wile- , eenie„ll
soner then struck Farrell a most violent blow'o the
rendered him insensible. About half-past
unders,
mother of the prisoner's wife called uP
a chairman, near St. Peter s-hens
brought him to the house with his ehal•
ores,
then found living 'ei: ele
•
Farrell in a knife-house in thegreat
lying down and in a dreadful sta` e• pose'
deal of blood was seen in the area, but 113 which
tion that a person falling from the arch shovethe
led to the front door might have 'llia 1,11;1 into
prisoner was with Farrell, and he was 1° loner
the chair. He was then taken borne by the POO ex'
and Saunders, and Dr. Barrow was sent for' 00 the
amination, there was a severe wound foun"r001 the,
back of the head, and the whole of the bodyiew
chin downwards was paralysed. Dr.
the deceased had evidently been drinking' a upOns
gered until September 25, when he died ; adhere ``tae
post modem examination, it was found that es of tlicei
a displacement of the fourth and fifth ,b°l2Lhieh
neck, and a pressure upon the spinal cora) 'thong'
caused the death. Dr. Barrow stated thet ay, beciii
both the wound and the injury 'nights he 51:61
cained by a fall from the height, such And a 090,i;
before mentioned, in his opinion the eased And
'Noted by a blow or kick. The deceaseurno, 1113 t
prisoner had always been on intimate tteoted th!o
on several occasions the prisoner had s d to hi
the deceased had fallen down, and adhere
end
statement. • oiler'
Mr. Wise addressed the jury for the Pr"dent, en
o
urged that the injury was the result of accih into the
that the deceased had fallen from the erf,avira r°'
area. He contended that the deceased, "
drink
ceived so severe an injury when ha bad bee,nich eoulif
a good deal, coald not give an account wn, even o
be relied on. He further powerfully urge' showed
the statement was to be believed, that it
'd the
prisoner bad committed the violence deerase
for the
niugto
strongest provocation from jealousy ;
being with his wife at such a time and Pt upoo fdija
have appeared to him unaccountable, exceP,:ef, he PP
supposition, and that, acting upon that, berstoge wlnr
r..th
been unable to restrain his natural and jos esse
Mr. Justice TALFOURD summed uP thfeor an h°
great care, and the jury having retired hut reel;
and a half; returned a verdict of Guilty,
mended the prisoner to mercy. tiffs Lord s.,.llo3evaP•
u t,
entirely agreed with the verdict and the reesisoerne°
tion, and sentenced him to six months iinP"

whBi,.UhCIIIAREST, FEB.
nd'arrAesntedii gt Stepbev;
13.—The crown 0' '"-'it is 01,
Being (-)sstilli was supposed to h3ve carried Vplis i
ad se • b 0
1 beLnging to the crown were iou'
pozisession. ral
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