Star.
London, England, 1824-12-10 00:00:00

WILSON V. RAWLINS.

Tis was an action to recover damages for the annoy.
ante the plaintiff and his family endured horn a smith's
shop, which the defendant had thought proper to erect
on ground adjoining the plaintiff's garden.
The witnesses examined in support of the plaintiff's
case, proved that the defendant erected a forge about
Christmas last, at the back of Mr. Wilson's house, in
Ebury-square, Pimlico. The smoke which issued, and
the noise of hammers upon the anvil, generally kept the
plaintiff and the neighbours in a very uncomfortable
state, from six in the morning to seven at night. One
witness stated, that the ponderous blows upon the miLl•
pieces of iron, agitated the surrounding neighbourhood,
producing the convulsive effect of an earthquake.
Mr. SCARLET?, for the defendant, said the plaintiff
had no reasonable cause of complaint. The defendant,
a poor tradesman, carried on his business in the Common.
way. It would appear from the evidence he should
call, that the defendant did not disturb the neighbour-
hood. The articles be was in the habit of forging were
small rods and nails, which did not require much ham-
mering. If the defendant was to be stopped in the or-
dinary occupation of a smith, the trade of the metropolis
could not be carried on. The Jury would hear that
the business was properly conducted.
Several witnesses proved that the defendant did not
make any noise to disturb the neighbourhood.
Mr. Justice LITTLEDALE, in his charge to the Jury,
pointed out the law with respect to nuisances. " There
are many trades (he observed) carried on which are in-
, convenient and offensive to the inhabitants, but where
these trades have been carried OR for twenty years, the
parties are not liable to an action. If a person comes to a
place where an unpleasant trade has beep long catried
on, he cannot complain of nuisance, because he comes
to the nuisance. With regard to places where no trade
has been carried on, if the inhabitants ate made un-
comfortable they may sustain an action." The Jury had
to consider, in this instance, whether the defendant had
carried on his trade in a proper manner.—The Jury
found a verdict for the defendant.
COURT OF COMMON PLEAS, DECEMBER 9.
BAREATT AND ANOTHER V. COLL/NE.

Mr. CHITTY opened the pleadings, and Mr. Serjeant
'him. stated the case. This was an action brought
against the defendant, a solicitor, for a malicious arrest,
and holding the plaintiffs to bail. The plaintiffs resided
near Dartford, in Kent, and wet e assignees of Cowell,
a bankrupt ; in which capacity they had to bring an ac-
tion against one Budgen, and they employed Mr. Collins
as their attorney. They afterwards changed him, and
employed Mr. Davies, their attorney in the present ac-
tion. Mr. Collins felt aggrieved at being discharged,
and put in his bill for the costs, amounting to £lOO.--
The bill was taxed and.reduced to £6O, for which sum
the plaintiffs were arrested by Mr. Collins, in November.
1623, but nothing was done in the proceedings till Ja-
nuary, 1824. They owed him a small sum of £5 odd.
and a private debt, which they paid into Court, and
which he took out. The plaintiffs then conceived that,
as he took this money out of Court, it was a *set off :or
the whole of his bill, and then brought this action for
false imprisonment. .

Witnesses having been examined,
The Cam Jessica summed up, and the Jury found for the
plaintiffs—Damages, £2O.
SURREY SESSIONS, DECEMBER 8.
T. Skinner, alias " Tom Cribb," was indicted for
stealing a quantity of linen, the property of Louisa Pd-
..l.erd. Verdict—Guilty, and the prisoner was senteaccd
to seven years' transportation.

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011110 ANb 2:011EIG
lENTY EAMEN'S ritIENZ
SOC.

A getting of this Society was held yesterday even-
ing, at the City of London Tavern, Bishopsgate-street,
for the purpose of raising s fund for the temporary re-
lief of the widows and orphans of the seamen who have
perished by the late gales, and also for the formation
of a Society to be called the 44 Shipwrecked and Dis-
tressed Sailors' Family Fund." This Society, in raising
such a fund by the. contributions of the benevolent,
contemplate the relief of all those who may be left
widows and fatherless by future disasters at sea. Cap-
tain Sir George Keith, Bart. R.N. presided, and urged,
in very energetic language, the imperious necessity of
such an Institution. He was supported by a number of
Gentlemen, who proposed several Resolutions, all of
which were carried unanimously. An address and plan
of the Institution were read by the Rev. Mr. Smith,
and a contribution of about 501. was received in the
room. The meeting separated at ten o'clock.

ASSIZE INPELLIGENCE.

HOME CIRCUIT.—CIIRLMSFORD, DECEMBER s.

The Winter Assizes for this County commenced here
yesterday, before the Hon. Mr. Justice Bunnouoo and
the Hon. Mr. Baron G A R ROW.
Edward Finn, James Horn, and Patrick Collins, wets
indicted for a burglary in the dwelling-house of James
Crossley, Esq. at West Ham, in the night of the '2oth of
September last, and stealing therein a clock, a musket,
a fowling-piece, seven silver sj oons, and sever al articles
of wearing apparel.
The Jury, under Mr. Justice BURROUGII'S directions,
found the srisoners guilty, and judgment of Death was
recorded pursuant to the Statute.
Charles Clarke was indicted for killing and slaying
Thomas Young, at Great Chishall, on the 10th of Oc-
tober last ; and John Burrows and Jesse Fowler were
indicted as accessaries to the same felony and man-
slaughter.—lt appeared in evidence, that the prisoners,
the teceased, and several other men, labourers in bus-
banory, had met on the 10th of October, at a public-
house in Great Cnishali, to spend their harvest money.
Between one and two in the morning they left the house
in a state of intoxication, for the purpose of returning
to their respective homes. In their way home some of
the party f•egan to play rough tricks upon each other,
such as jostling and slapping one another's faces. The
deceased did not appear to have taken any part in this
sport, but the prisoner Clarke challenged him to fight,
and pushed him into a ditch. Goaded by this act of
aggression, he was prevailed upon to fight. Clarke
and he stripped, and the other prisoners immediately
became seconds. About eight or nine rounds took
place, and in the last the deceased tell insensible on
the ''around. He was conveyed home in that state, and
died next day.
Mr. Justice BUaROUGH, in summing up the case to
the Jury, said it appeared to him that the affray which
terminated so fatally, was what is called a fair fight.- At
all events, it was net like any of those cases which had
tit late disgraced the country—he meant prize fights ;
i which, he was sorry to observe, men were pitted
against each other to fight fora purse, in the presence
of thousands of spectators, amongst whom were per-
sons whose stations, fortunes, and education, he would
have supposed would incline them to more honourable
and gentlemanly amusements. For his own part, he
heartily wished that some example would be made of
persons actively engaged in, or by their countenance
encouraging, such disgraceful contests. Should a case
ever come under his judicial notice, when death was the
result, he thought it his duty to declare, that he should
carry the law to its utmost extent. By a late Act of
Parliament (3d Geo. IV. c. 38), Judges were empowered
to sentence offenders guilty of manslaughter to trans-
portation for life. The degrading practice which had
now become so prevalent, renders it necessary to make
a severe example, for the purpose of checking it ; and
his Lordship had come to the resolution, in common
with the other Judges, to inflict the severest penalties
upon offenders of this description. He was happy,
however, to say, that it was very much owing to the
good conduct of tire Magistracy in most counties of
England, that this barbarous species of ealsibition had
been considerably abated. Thete were, however, he
lamented, certain exceptions, which had a contrary ten-
dency. In his opinion, any Magistrate who, either by
his open countenance or passive tolerance, in any re-
spect contributed to the encouragement of such scenes,
was unfit for his station in the Commission. And un-
less Magistrates exerted themselves to put a stop to
such practices, they might expect serious notice to be
taken of their remissness from the highest quarter of,
the state.
The Jury found the prisoners Guilty, aad the Learned
Judge sentenced Clarke and Fowler to twelve months
imprisonment and hard labour, and Burrows to six
months' imprisonment and hard labour, in the House
of Correction.

ALARM OP FLAB AT THE COBURG THEATRE.THES..
day night, the audience at the Coburg Theatre were
thrown into considerable alarm by a very noxious
smell, which diffused itself over every part of the body
of the Theatre, and became in a short time almost in-
supportable, and demonstrations of displeasure were
beginning to be manifested, when Mr. Davidge came
forward, and after stating that a trifling accident had
arisen in the Gas-house, assured the audience that there
was no danger whatever. After this the remainder of
the performances proceeded, but the stench from the
gas was very disagreeable during the whole of the
evening. It appears that the cause of this accident
bad nearly proved the destruction of the Theatre.—
For a considerable time past the proprietors have had
a gasometer of their own, underneath the stage, by
which they extracted gas from oil, and they contracted
with persons to undertake this department. From some
cause or other, on Tuesday evening, the cover or face
of one of the retorts not being sufficiently fastened on,
Was, by the immense heat and expansion of the gas,
forced violently off, and in an instant the gas house ap-
peared to be in a blaze, which, but for the efforts instan-
taneously exerted, Would have communicated itself to
!le stage, and in a few minutes the whole house would
tare been on fit e. The gas, thus escaping, spread itself
6,1 over the house, but more particularly behind the
scenes and in the various di e•sing-rooms, driving before
It all the performers, dressed or undressed ; and so much
:•iected were some of them, that they still feel ill from
:ss effects. In consequence of this narrow escape, the
rropnetols resolved to u-e no mote gas extracted from
and during the whole of Wednesday men were em-
lloyed from the Gas Company tee lay on the gas fromthe
street, with which the Theatre was last evening lighted.