Star.
London, England, 1815-11-20 00:00:00

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LAIV INTELLIGENCE.

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71.14cHEQUER CHAMBER, NOVE.MBER
LL
mit Ktsl3 v. MADIDOCKS.
b 0: erQnmettt ,Was heard in this case before the
Twelve Judees.—The prisoner was convicted, at the
last Uld Bailey Sessions, upon an indictment.
ch it .ing him with forging an endorsement to a bank
post bill. .The bill in question was endorsed to Mr.
Falcon, of the Temple. end came to the hands of the
prisoner, who was his clerk. The prisoner went to
the Bank of England. and received the amount.
upon writing the following end-vsement Per
procuration, for Robert Falcon, George Maddocks."
'rhe question for consideration was, whether this was,
legally speaking, an endorsement or a receipt ?
Mr. ALLEY, for the prisoner, in an argument of
great length and ingenuity, contended that it was
only a receipt ; while
Mr. Bosatiouez, for the prosecution, held a, con-
trary argument.
The Com t did net give judgment, nor will the re.
sult of their deliberation be known until the next Old
Bailey Sessions.
COURT OF CHANCERY, NOVFMBER 18.
A RACE FOR A DOCKET.
Mr. BELL stated, that this morning Mr. Mon-
tague's client left the papers and tees necessary at the
Bankrupt Offize to have a docket entered ; in a short
time afterwards his (Mr. Bell's) client went to the
Office with his papers and tees, to have the docket en
tered ; on searching the book there was no previous
one entered. The Act of Parliament directed that
no docket shall be struck, except between the hours
of ten and three in the forenoon, and eight and ten in
the evening, and that it is not to be considered a
docket until entered in the docket-book. The ques.
lion was--Which of those Gentlemen were entitled

to it ?
Mr. MONTAGUE said, there was no blame to be at-
tached to the Office. His client went at ten o'clock,
and left his papers and fees; the officer being in a
hurry, did not immediately enter it. Then came
Mr. Bell's client, in half an hour afterwards, puffing
and blowing, after a hard race, and finds he had lost
the day ; but being determined, although he had
been outrun, he would not be out-witted, lie searches
the docket.book, finds it not entered, determines on
another race, and comes down to his Learned 'Friend
to make this extraordinary motion.
The Loan CHANCELLOR.-.—"lf you run first, Mr.
Montague, and gain the winning-post, 1, as umpire,
must give it in you; favour. The order of practice
must be altered. The pet son at the Office is to
blame, for he ought to have entered it into the docket-
bunk immediately, otherwise be would be at liberty
to docket the second instead of the first. I must
make clerks know, that thq must not be in such a
hurry, and find time for the discharge of their duty."
Application dismissed.
COURT OF KING'S BENCH, NOV.S.
THE KING V. 111 E INHABITANIS OF ASHBY.
This was an appeal against an order of Sessions,
fettling a female pauper on the parish of Ashby, un-
der the following circumstances:
The pauper l.ad hired herself as a servant in Ashby
parish for fifty-one weeks, and for her service was to
receive two guineas and A half. At the expiration of
the time she received her wages, and then agreed to
coot:pine one week longer with her mistress, tor which'
she received one shilling, and at the end of the week
she again hired herself for 51 weeks. Afterwards
becoming chargeable, the Justices in Sessions decided
that she had obtained, by her service, a settlement in
Ashby parish. Against this ch.cision the inhabitants
of Ashby appealed.
Mr. READER was now heard in support of the or-
der of Sessions, and contended that the continuation
of the pauper a week in service after the expiration of
the 51 weeks, completed her year's service, and
gained her a settlement :a Ashby parish.
Lord ELLENanuoeutt...".." No. The question is
not whether her one week and 51 weeks make a year,
but whether L'.2 weeks make a year ? Fifty-two
weeks do n t ma ke,a year, and, constrinently, such a
service does not give a settlement."
Mr. Justice 13AILEv--.4 There are but 364. days in
52 weeks, and :365 days 6 hours and 49 mirautes in a
year, and unless the whole of the latter time is inclu-
ded in the contract, no settlement can he obtained by
servi,ode."
Lord ELLetatottovon..."." The question is purely
arithmetical, and the Sessions in Warwick will in
*iot, know the difference between a contract for 5::
rek-, and a contract hr a year."
The Rule f r discharging the order of Session was
then make absolute.

LONDON ADJOURNED SESSIONS.
GAS INDICTED AS A NUIAANCE:
Saturday them was a special adjournment of the
1.4 nd it Sessions, held before the RECORDER, Alder-
men. &c. at Guildhall, for the purpose of trying a
quest tun id considerable importance to the scientific
w. 110, as well as the public at large. It was an in-
dictment preferred against Fes:Detrick SPARROW and
WILLIAM KNIGHT, laid in the month of May last,
and charging them with a public nuisance, but post-
polled .o the present period. On this occasion, how.
ever, Mr. SPARROW only appeared in Court as the
Defendant, when the following must respectable
Jury were sworn :
Edmond Goldmiith, Thomas Richards,
ithan Downing, John lirogdcn,
John Schofield, Henry Carr,
• John Ben. Cole, John Moore,
Joc•ph D. Lewin, William Leith,
Itobert Trench, sainuelThuroughgood.
Mr. ARABIN stated the indictment, which charged
the 1) fendants with a public nuisance, by means of
a certain Manufactory of Gas, in Dorset-street, Se-
lisuory-square.
Mr. Gomm( stated the case to the Jury. He ob.
served, that the question was one of the most vital
impuraisce, not alone to the individuals who were
exiclimentAlly engaged therein, and to the public
generally, but in,re pa:ticulatly to that class of so-
cieLy, whose fate it was to reside in the precincts of
the manutactoty, which was now so justlj preferred
to the consideration of the Court, as a common nui-
sance and public offence. The utility of the gas
light none would have the hardihood to deny—its
beauty and brilliancy was equally apparent. The
At save advantages derived from its rstabli-hment
were, nu doubt, of a very considerable nature with
;11,! Defendants; yet, under all these circumstances,
it was highly necessary that the comfort, the health,

and the lives of their fellow-creatures were not to be
endangered. The present case he considered one of
a most flagrant and outrageous nature, because when
mischief had been done, and remonstrance made of
the evil, the nuisance, instead of being removed, was
rather increased. The gas manufactory of the De-
fendants was first established in Fetter-lane. 'rhere it
was conducted, as now, by a joint stock company ;
but the inhabitants of that district finding it avers-
sary to have the establishment indicted as a nuisance,
the proprietors removed their manufactory to Dorset-
street, where it was commenced upon a more exten-
sive scale. Here the
process became equally offen-
sive, and in
proportion as the system enlarged, so
the effects became more obnoxious and dangerous.—
It appeared that in the present manufactory there
were four retorts of considerable size. Beneath these
were firs constantly burning, the vapour from which
w.' con I..cred by several iron tubes into a globular
vessel, called a arromeier. The smell which issued
from this part of the manufactory was of a most
offensive nature. There was also a process of- eae,
which likewise produced an insufferable stench, by
means of tubes which carried off the effluvia, and
was conducted to the River Thames. Titis was not
alone offensive to the inhabitants and passengers, but
even to the bargemen upon the River in that quar-
ter. Complaints of the evil were made on all sides,
and while, in some instances, the most shameful in-
attention was manifested, in others, the injured ap-
plicants were received in a cavalier sort of way, and
although promises bad been made of remedying the
nuisance so bitterly felt, still nothing had been effec-
tually done to remove it, and it remained in its per-
nicious force. An indictment, however, being pre-
ferred in May last, by the inhabitants of the district,
the Defendants, it was understood, had, at a consi-
derable expense, adopted experiments by way of im-
provement. These, however, had not the desired
effect, and the nuisance still existed in a minor de-
gree; but still with such contagious effects, that the
comfort, the health, and the lives of the inhabitants,
were exposed continually to danger. Under these
circumstances, he was convinced the Court would
feel it their duty to pronounce a verdict of ceniem-
nation upon the party ; and it the latter could not
succeed, in so far improving their manufactory as tc
obviate the evil in question, they must then abandon
their scheme altogether, however lucrative to them-
selves, or however beneficial to au .admiring pub-
lic, with whom the lives, the safety, and conve-
nience of a respectable port of the community, was
not to be compared. The Learned Gentleman con-
chided by an appeal to the Jury, in justice of his
case, which he should fully establish by the most re-
spectable and disinterested testimony.
John Hill, examined by Mr. Ananta, deposed,
that he was an upholsterer, residing in Crown-court,
Salisbury-square, about two hundred yards front
the building belongi, g to the Gas Light Company :
between the months of February and May last, when
the Defendants were indicted, he observed something
daily issuing from the establishment exceedingly
offensive : it was a kind of smoke producing a salme
effluvia, which operated upon his senses, and consi-
derably affected his respiration : the smell was of a
sour and acid nature, partly sulphurous, and was
altogether most offensive : witness was unwell in the
months of December and January last, and ,was ad-
vised by Isis L'hysicians to open his windows occa-
sionally ; when he did so, however, he found himself
worse from the effects of vapour from the gas :
when obliged to go into the street, he was also vin-
, lendy affected, and his health became so bad, that
he was eventualsy obliged to go into the country :
this was solely in consequence of the nuisance is
question ; the smell and smoke which issued from
the building, night and day, and the oppressive heat
accompanying it, was insupportable. Was convinced
that this arose from large fires, which discovered
themselves by immense ci limns of flame. When iis
bed at night has often wished to get up and quit the
muse ; even on Sundays was as much if not mere
affected than any other day. Witness frequently re-
monstrated with Mr. Sparrow, and stated the nature
of his health. The Defendant told him two or three
times something would be done ; at another period
he was told cavalierly, that it he did not like the
situation, he had better leave it. Believes nothing
was dune prior to the indictment being preferred to.
wards removing the nuisance, or until the burning
down of the premises in March last.
Crowexamimd Ly Mr. PoOLEY.
Remembers the burning down of the building,
and knows that it was since erected upon a larger
scale, to obviate the nuisance. A column or funnel,
of extensive height, had been raised to carry the
smoke higher up. Admits having complained of a
lead manufactory at the rear of his house, about a
year since, but did not complain of a distillery in
Blackfriars. Thinks he remonstrated with the de-
fendant, Sparrow, so late as July or August last.
Aixansitud by Mr. GVlttilMa
The column is raised much higher, but in thick
or windy weather the smoke still comes down, and
there are a number of tubes which carry off the va.
pour from the gasometer, and prove excessively
offensive. The tubes are about 53 feet from the
ground, and in damp weather the noxious effects are
strongly inhaled. Has felt an inconvenience from
lead, but it would be ridiculous to compare this to
the offensiveness of the gas.
William Barnes examined by Mr. GURNEY.
Resides in Water-street. A wall divides his house
from the yard of the gas light concern, forming the
east side of the manufactory, as. the rear of his house.
From the Mouth of February to May he experienced
the utmost inconvenience and want of comfort from
the process of the gas manufactory. There was a
constant effusion of apparently deleterious principles,
but could not say what these were, not having access
to the interior. When the effluvia was abroad he
could not open his windows ; chi!, however, was not
hourly, though he daily, when in the house, was
affected, but in a lesser degree, and the smell proved
exceedingly injurious to his appetite, and that of his
wife, who had been affected with a dreadful cough
in consequence. His own lungs were hurt, and there
WAS a certain nausea produced upon the stomach.—
A taste was also continually in his mouth, like sul-
phurous acid. There was an immense quantity of
smoke proceeding from excessive large fires, and
when these appeared to be at work, he was compel-
led to close up his doors and windows. Crownatourt
is situate at the north side of the manutactory, and
appeared most affected. The such side being open

to the liver. the wind usually drove the matte id
that direction. The Court was frequently filled with
smoke to that degree, that inhahiunts or passengers
could not walk through if, Ourld crimpare the nui•
iance to nothing but the bilge water of a ship, but the
stench from the gas WAS infinitely more excessive.—
Thinks the evil had increased since the erection
the new building ; was compelled to move his` arder
Irom the yard, to the upper part of his looe, on
the eastern side, as he discovered that by leaving it
exposed to the vapour from the g.ts, the victuals be-
came putt id ; had given notice to leave his house,
hut to the present moment could not procure a situ .-
lion to suit him—would not remain an hour in that
quarter if he could remove with any possible conve•
nience—never knew of the least step bilog takt.n to
abate the nuisance, until the indictment was ptrlci led

against the Defendants.
Thomas Edgely, is a coal.merchant, and has a
wharf adjoining the Gas.lit,,ht Manufacon y. an i
from which there is a coastant stench. This ar;st.s
principally from the liquor which is let in the
drains, and runs beneath his counting-house into the.
Thames. The eft' via about the concern causes a
smell, and gives a sort of taste like copper to the
mouth, seizes upon the palate, and dastroys die np.
petite for a time. Never remembers to smell any
thing so offensive in his file : even the coat heavtrs
complain, and are sickened by it. Believes it is no
easy matter to"turn a coaMeaver's stfmmh." lied
often complained, as if affected by vetdigreasz in his
month, and an indescribable nausea upon the sto
mach. Several persons had threatened to desert his
wharf, in consequence of the nuisance ; and persons
in business were afraid to come there. At time of
high water it was scarcely so bad ; but at low water
the offensive smell was beyond description. He had
remonstrated 'Ton the business with the defendants,
and was very politely told every thing should be done
to abate the nuisance. Since the indictment was pre-
ferred, something had been done, but the evil ap-
peared as great as ever. Thera was a quantity of
tar produced from the coke ; and this beir.i; exposed
to the sun, tended much to increase die nuisance.
That had, however, he undo-stood, bean removed.
There was, he thought, rather a lessening of the
evil, with respect to the vapour arid smoke, since the
erection of the present building, lint with regard to
the liquor and drains nut the least. WM not say po-
sitively that ire remonstrated with the defendants
Knight and Sparrow, before the new building was
raised, but thinks he did ; is positive he ofd since.
William Stewart is a shoe-maker, living in Crown.
court ; has been considerably annoyed since Vebr tett-
last, from the effects of the Gas Manufactoi y. -
was a constant noxious smell, and appeared of a
sulphurous nature, which made himself and Ws fa-
mily very unwell. His complaint was a sickncss
ii
the stomach, accompanied with a C:,Ugh,
casionally seized him, and lasted half an hour. His
wile was affected in a similar way, and both were
more attacked in that way now, than before the new
building was erected. The effects of the smoke and
vapour, particularly when the wind was at W. or
S. W. were dreadful ; and the stanch from the sewers
or drains was often worse than that of putrid car-
cases. Is obliged to keep nil his windows clovd, and
passengers complain bitterly as they pass through the

There

court.
William Snoxell resides in Dorset-vreer.
house is only divided by a wall from the g ma
factory. From February to May la,t, the most:
Pensive smell was expel ironed by himself and family,
and so great was the stench, that ha has frequently
been obliged to quit his dinner in one room, and II ,ve
the table laid in another. It was equally offensive
by night as by day, and was as will subsequent as
hetore the new building was raised. Thinks, low.
ever, it was a little diminished .of late. In thick
weather it was intolerable : and instanced the Lord
vlayor's dor, as being exce:dingly offensive and dis-
tressing to the inhabitants and passengers. Mr. Hill,
the first witness, is his lodger, and gave him notice
that he would leave the house in consequence of the
nuisance. He had promised, however, to remain,
hearing that there was to be an abatement of the
evil. The drains which carried off the water from
the manufactory were peculiarly stagnant, and he was
obliged to contrive various traps, by which it might
escape his premises.
Mr.GuItNEY proceeded to call other witnesses, when
Mr. POOLEY, on the part of the defendants, ob-
served, that after hearing such a body of evidence
from the most respectable individuals, and which he
was not at all prepared to controvert, it would be
disrespectful, and a waste of time to the Court, to
enter into a defence, and admitted that a verdict
must be recorded against his clients. His clients
would undertake the nuisance should be most effec-
tually removed within a given time, and trusted that
the Court would forego judgment against the party
until, at least, the Sessions, in January next. Mr.
Knight as well as Mr. Sparrow should plead to the
conviction, and both gentlemen would adopt every
means which art and money could effect in obviating
the nuisance. This was an object as dear to them-
selves as their existence, Inasmuch as the establish-
ment promised to be one of a most lucrative nature.
'lb obviate any serious ground of opposition to their
pursuit, must be, therefore, an object of vital interest.
Mr. GURNEY, on the part of the inhabitants, con-
sented that the judgment of the Defendant might be
respited until January next.
file RECORDER observed, that k only remained for
them to pronounce their verdict, the justice of which
they would be satisfied with, when he read to them
the opinion of Lord Mansfield upon the question of
a nuisance.—This was delivered in the case of two
men who had commenced a chemical process in
Whitechapel, the effects of which had caused noxious
vapours and smells. On that occasion his Lordship
held, that it was not actually necessary that the nui-
sance be unwholesome or tending to indisposition ; it
was quite sufficient to prove, that it rendered the life
of any individual or family uncomfortable.
The Defendants were then found Guilty ; their
recognrzances ordered to be respited, and themselves
to appear at the Sessions in January next.

Saturday, as the cook of Lyon's-Inn was hanging
up something to endeavour to prevent the kitchen
chimney from smoking, her clothes caught fire, and
before any assistance reached her her face was so
dreAdfully burnt that scarcely aay traces of the ori-
ginAl remained. She was conveyed to St. Clement's
Workhouse.