Star.
London, England, 1827-09-14 00:00:00

s-
NTELLIGENCE. •

JBEIMMIEmsnmem

IZE

LANCASTER, Slim tr. .
?MI EIREArIf NAVIGATION GAVEL—INCOND DA?.
At nine o'clock this morning Mr. Baron Hota.oce took
his seat, and immediately after
The ATTORNEY GINIIRAIo (Sir J. Scarlett) rose to
address toe Jury on behalf of the defendants. The
Learned Gentleman recited the whole of the evidence
that had been brought forward in support of the indict-
ment, commenting very ably thereon as he proceeded.
He said that the present was as impottant a ease as
was ever brought into a Court of Justice—important
to a town next to the metropolis, the town of Man-
chester, art.l in fact to the commercial world in gene.
ral. From the evidence of the prosecutors them-
selves, it wks quite evident that the works of the Irwell
and Mersey Company were an advantage to the com-
merce and wealth of Liverpool and Manchester, and that
without such, the trade between these large and import-
ant commercial towns could not be carried on, without
great loss aad inconvenience. In the year 1800, twenty-
seven years ago, at time of the commencement of the
Cut, of which they now complain, none but the land-
holders on the banks of the Metsey complained of it.—
There was an action brought by them at Chester against
the'pii)filietors at that time, on which he (the Learned
Counitl) had the opinion of that late and enlightened
Judge, Chief Justice Mansfield, upon the Act of Par-
liament, which gave power to make necessary improve-
ments on the banks' of the river Mersey, and to
make any flesh cut or canal near there, fur the facility
and Convenience of commercial purposes. The Learned
Judge, (Mansfield) in slimming up to the Jury. told them
that if they considered this canal was necessary or
convenient to trade, then their verdict must be for the
defendants, the proprietors thereof. If such a work was
wholly requisite it was his opinion that the Act gave
them authority to proceed with the undertaking. The
Jurf found fur the proprietors, and the work proceeded.
The Sankey Canal communicates with the Norwich
Salt Works, with Warrington, and with considerable
coal mines in Saint Helens, yet no witnesses were called
from any of those places, neither the proprietor of a
coal mine, nor the owner of soy of the flats that trade
between Liverpool and any of the places above named,
to prove that their trade had received the least lojury.
The fact was that the Sankey Canal was a nearer
and more convenient passage, and the mariners. were
not subject to be neaped, therefore complaint was on-
necessary. The evidence of Mr. Giles, the first en-
gineer that had been called on the other side, went to
show that the new feeder to the cut. had taken a large
quantity of water out of the river, and had contracted
and lessened the velocity of the current ; but in answer
to * question in his cross-examination, he could not say
it was lessened so as to prevent the carrying off of the
smallest portion of sand. The opinion of the engineers
generally was, that water taken out of the river at full
tide, was not calculated to lessen the velocity of the
water, and all that was taken out of the river was
at the flood tides, or if not, it was returned again
into the river at Runcorn. Mr. Giles had calculated
that a large quantity of water was diverted into the
lock from the Mersey every twenty-four hours, but be
ought to have deducted the quantity that flowed into the
lock at the height of the tide, bedause, according to
their evidence, whatever quantity was taken out of the
river then, was not of an injurious tendency, and.the
times when boats were not Ruing and repassing the
lock was closed, coesequently.no water was necessary,
therefore none could be taken from the river. It would
be sufficient for him to show, that if his Learned Friend
(Mr. Brougham) had not proved his case beyond a
doubt, he had not made out a case at all, audit was
obviout that he had left it doubtful. He would ask,
it they wquld convict upon the mere speculation of en-
gineers? His Learned Friend had told them that he
would prove the fact, and would not ask for a verdict
upon speculation; but be bad entirely failed. No
objeCtion was made to the Nert Cut, until the new Rail-
way was talked of, and then they began to complain.
In 1821 the new feeder commenced, and no complaint
was made of that for five years ; and then who com-
plains? Do the Captains of vessels trading in that
port? The Trustees of the Duke of Bridgewatees Ca-
nal, who ate likely to be injured by it ? Or the inhabit-
ants of Warrington? These persons were the most likely
to experience injury, yet nut one has complained of it.
Were they, then, to give a verdict upon the evidence
of Mr. Statham, the solicitor to the Corporation, or to
that of a few bathers and fishermen? Or would they
find a verdict for the prosecutors upon the conflicting
testimony they had heard, and which was doubtful?
The Learned Counsel said, that if they were of opinion

that :he works of the Irwell and Mersey Navigation
Company generally had produced any inconvenience
to commerce, then their verdict might be against him,
bet the evidence was very doubtful, and in that case he
warentitled to the benefit of it. It at that rime they

entertained such a doubt, he would ask, and be consi

dered himself justified, not on any grounds of conveni-
ence of -his own, but sclely to save public time, whether
he should offer any evidenceor not ?
Mr. Dammam rose and said, the course was quite
irregular to ask the opinion of a Jury previous to the

. .
summing up of the Judge. and before be had sated Isis
opiriion of the law on the subject, as his Learned Friend
had grossly misstated his evidence.
Mr. Scitat.arr then said, that he should proceed to
call bis witnesses, and would prove to them, that the
quantity of water taken out was not so great as described,
and that if it were taken out to all eternity it would not
make any change in the river. He should also prove,
that at this time the Mersey was as navigable as it was
twenty years ago, and much more so. The Learned
Counsel said, that he trusted that whatever tie decisi n
in the case was, he hoped it would put an end to all fur-
ther proceedings.
Upwards of twenty witnesses wqe examined, whose
evidence went to prove that the land freshes were the
great cleansing powers, and not the tideal waters, and
that these freshes altered the course of the channel con-
siderably , and made frequent changes in the shoals, and
the water shallower. '1 he Company's works had no
sensible effect on the river, and that the dry season or
the two last summers produced all the dersits com-
plained of; yet, notwirhstanding, many of the witnesses
stated that the river Mersey was in a better state than
it was formerly.

At about Ir;11f-past five o'clock Mr. Barn:mot rose
to•reply. The Learned Counsel made a ♦ery luminews
speech, and said that as they had some time before ex.
pressed a desire to deliver their verdict, which we,
contrary to the regular proceedings of Courts of Jus-
tice. he should not trouble them with any lengthened
remarks; but he sincerely trusted, that they would -not
form their opinions acc3rdingto the very able and-jirdi••
citrus manner in which his Learned Friend, the Attor-,