The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-12-30 00:00:00

theses. Rail limekiln's. He never noticed any potteries. There
:viereariS:47-ielii--dalitSnelr.s Ile did-shot IsMiw.ahat there were
„any glass-houses. He had thespretnrses-Very.
t
reetiv: 'He Woottl swear that this chiionessitself had produced
t be effects he spoke of.
Re-examitied. --The vapour was particularly diSagteeableen
the sth of Decerolmer.•
lassie Needh'itis. examined,—ls 'a
grocer in Scotland-road.
Ile knew Mt. floluitetr's.oretinses; On the sth of Deeenibet he
niada.an observation of his-works at tea minutes past twelve in-
the day. He saw a white vapour issuing from. he chiattley.
It
affected his eyes, and mouth, and chest.- • •.• ••-
Cross-examineti.--Ite did not remember how the wind was
that day. He had seen a great quantity of smoke arise on other
occasions, and had been Sionilariv affacted by it. He-was cer-
tainahis.effeet was produced by Mr. Holmes's chimney.
. By Mx. HALL —He was directly in a line with the vapour.
It paaaed.rilit Over him. s • •
- Mr. James Davies examined.—Relived at No. 32, Scotland-
.
road,aind was a silk-dyer. He. knew Mr. Hotines's premises.
On the sth of December he observed something issuing trim
his works. He saw a white vapour coming from his writ ks.
de had been accustomed -to
_the effects. of this vapour for so
lomaisA time that he could hardly describe its effects ou himself.-
It was far front pieasant, and would affect the eyes and breathing.
By Mr. IlatA.—He could not say that it affected him as- it
affected other. persons. •
By Mrs VaN A sites.—He diti.feel its :effects.
Cross-exantined.-s-He would positively 'swear that the smoke
of Mr. Hultnes's chimney had that effect on There were
o: her niantitaoories in the 'lei:shiniest-mood of his premises mak-
ing the same white vapour. tie could tell the effect of each
particular chimney, for it had not taken his eyesight away. He
could nut tell. what the vapour was composed of. 7There was no
other chimney thansMr, Elolmes's emitting vapour' on the sth
of December.' Ile did not obserye 'how the wind,swas. It af-
fected hina Most when'it froin the westward.
•John Lloyd examined.—ls a draper, and lives- at No. 165,
Scotlandsroad. He had observed the - white vapour coming,
trorn Mr. Holmes's premises, Its:injured his goods by: taking
away the colour from them.. It tarnished his brass articles, and
rusted his fire-irons. • ' , •
• Crossexamined.—lledid net know any thin of the-effect of
the vapour on the sth December, but he had noticed it on the
10th.' ,It affected his breathing and eyes'. He Was speaking of
the 10th of Decetither. ; si • .
By Mr.l-laLtss,-1-le•waa much annoyed by the vapour on the
5:14'• - .
George Mates, Taylor- exarnicied.—lie resided' nt No. 35,
Byren-street,-and was a liuen-tiraper. He knew Mr. liminess
premniaes, and observed on the sth 'December a white vapour
issuing from the -chimney-. 'lt took the coloar -from, -his goods,
and alfectedshiseyea,ataii breathing.. • It affected the eyes parti-
cularly when saaall rain was falling: it was then like the pricks
jag' of a oils l)r a needle, •
Cross-examiliettsiThat was the .general effect. There were
a great namber of similar manufactaries near Mr: Holfnes's.-
He' tvotild statitk to Mr; Holmes's chimney 'partly producing
that'efftet„ It might arise from. Mr. Ayres's or Mr. Mus Prates,
or °Mesa. It effected him most at his premises when the find
blew north-northwest..
Jones Logan examined...--Wiss a veneerssawyer in Naylor-
streets- He knew ALT tlattEleS's alkali works, and hail seen the
vapour issuiag from. his chimney. It rusted his veneer-saws in
live minutes. He hail seen thm; vapour issuing from the chiins
ney as plain as hesaWthe tioseton Mr. Venables' face.. •
Cross-examined,—He. bad -known these premises for 5 nr 6
years. Land was selling cheaper there; than it was some years
ago._ . ' .
Re-examined.—Land was decreased about one third in value
in consequence of these works, and people left their houses in
consequence of the nuisance. ,
Mr. HARDEN del not object to its being addmitted that Mr:
1-m Ines was the occupier of the premises. •
This was the case fur the prosecution. . •
Mr. liaanutv apprehended. that in a case of this sort, the
magistrates would want a vet y clear case indeed.. Questions of
nuisance were, of all others, peculiar questions for a jury. -For
there was in every case such ,a number of conflicting melon-
,tatires, whether they were or not public nuisances, or' what the
law called couumon nuisances. The evidence that had beets
brought before them that day had nut completely substantiated
that. It had merely shown that when the wind was in a' parti-
cular directi am' the eye-sight of persons was affected; which
must be the effect of certain manufactories, be they where they
wid. It the case of King and RUssell—a very important
case—andthe cases which had since been decided on, on that
po'nt did not go against that decision—it still kept sound law—
the effect of that decision was this, that if the public derives a
greater benefit, or that the betiefitilerived by the public gene-
rally counteracts 'the prejudice and d'sadvantage that is sus-
tained by individuals—that the benefit sanctions the nuisance,
and that in point of law kis riot', a nuisance. In addressing
genre:nen who must Le perfectly familiar with theextreme short-
ness of the notice, which had ouly been served tin Saturday,
they .must be a-rare that no, time bad been-- allotted for- en-
deavours to he taken to neutralise the effect of the gas as far as
it was possible. It was itopottible for him to bring evidence to
contradict that which was brought forwards. It -was quite
useless. These nianuthetoriea were nit important. Thousands
derived their livelihood from them; anti the workinen employed
by them amounted to several hundreds, and he might say-thou-
sands; and the produce of these manufactures were used in the
making of soap, and of glass, in bleaching, and id various other
manufactures. The shipping, ani the kingdom at large was
benefit:el by them. On the et hsr aittl, the temporary annoy•
ance of these few individuals was set imp against the extensive
interests which he had endeavoured to point out to thetas.—
Again, supposing that it wee a nuisance, they must be perfectly
aware that thete had been two ojiposite decisians relating to
these manufactories. The-first was an indictment against Mr.
Muspratt, which failed : the othsr was against Mr. Lutwyche,
which succeeded. With such dtffe.rence existing, it was not
too much to expect that the inai,sistrates would postpone their
decision. The effect of such a decision as this was to establish
an absolute court or star-chamber in Liverpool It had been
so speedily brought before them, and before many hours were
over alter it had been so brought, it was to be decided on. Many
thousands a-year were involved in the decision. He thought it
was too much to expect that any bench of magistrates, without
the intervention of a jury, should be called upon to undertake
such an overwhelming responsibility This bye-law was an
extreme hardship. He trusted it would not he construed strictly,
if there was any doubt about the forma Ries of that. law. If
there a-as - any possibility of error, they should scrutinise most
strictly to find out if there.was any hiatus with respect to this
bye-law : and if so, he trusted they would -give his client the
benefit. He was also instructed to state, that since the 's.9th
of September, the manufacturers were anxious to do away with
the nuisance. • They tii4-dasiry. but that. there waS'aetne in
furious effect ccunected with it.. In every manufacturing
county such must he the case. They etturdinot drive them back
and 'back until they drove them into the ocean; for, till a pre-
acriptive right was obtained of 20 years occupancy, they might
be so di iven off.' No longer ago than Manday last,.a patent
had' been taken out for the contumption of this smoke. There
we, e various other plans in operation. But it was too much to
expect that patsies should lay out immense autos in the adoption
of plans for the preveation•of the nuisalice, until they observed
, that some sticsessful expedient had been found out. Ruin
stared at' them on . the one hand ; and all they wished for was
, time to try the expedients which might be thought of. lie was
not going too far when he pledged their wind that they were
.most anxious to remove every possible objection to their inane
lacteries. When they recollected the inaccuracy there heti
been in sending the, copy of the bye-law to the Secretary of
State—the extreme hardship of time enactment-sand, above all,
'when, they conSideredthe-case of the .King and Russell, that a
great benefit to the community. purges and destroys the effect of
'a similar annoyance, he would confidently leave. his case in
their hands. He was satisfied to rest his case on the case of
King and Russell. If that should leave any doubt on -their.
tniuds, he hoped theyswould leave the decision to a jury..
Mr. Vaiaiseins said, as the case of. King and Russell had-
been put- in evidence, he had a right to reply. He could shots
to the magistrates that the case of King and Russell was no
mere like the present case than black and white. The nuisance
complained of in that case -was for the public convenience.
Was this for the public. convenience? Was it slot for the pri-
vate benefit of individuals.? Could au.y one suppose by the
greatest stretch of imagination, that the public were to he beoe-
fitted by the work of Mr. Holmes ? They were benefitted by
the work' for paying for it-when it was made. • In :the case of
the King and Russell-it was quite different.
Mr. HA i 5 not-necessary to go into it. The case of
'King and Russell does not apply to this case at all.
• Mr. Hata, inqUired what was the nature of the vapour?
Mr. VILNA BI.US.—It is an alkali, I beliere.
Mr. Crooks-sMuriat,ic.acid gas, formed from the decomposi-
tion' of. salt. ,
Aftet a short consultation with the other maeistrates,
Mr. HAGS, said, I iluite agree with Mr. Harden that we ought
to use very great caution. itra case of this sort. In speaking of
myself, the power given to inc is. one that I wish had never been
given to me. -It is a powei I did hot seek. 1 am exceedingly
sorry that it was ever submitted to the magistrates. I know a
jury of the country is a muchbetter tribunal; and the nuisance
can' he much better putas Stop to, because then the court would
have powers that I cannot pus-ess„ This sort of contest may
•be interminable—a soo of perpetual warfare may be carried on,
and, after all, no comparatively great good-result, because I
cannot put an end to .the nuisance. Where it is a mixed case
of law and fact, a jury would be governed by their judgments
,as to the facts, and as, to the law by the presiding judges. It
would be much more satisfactory to the to have the opinion of
twelve men than to dispose of this case. However, the question
is submitted to me, and we, must dispoae of it one way or
another. The evidence here-is alt one way. There was no at-
, tempt to answer the case. Whether it was in the power of the
party to do so or not we cannot say. But the fact is there is no
evidence at all to alter our opinion on the evidence in the case :
and, therefore, we must take all those facts sworn to, as facts
that could not be contradicted. • With respect to the cases re-
tested to of Muspratt and Lutwrche, they- prove nothing at all;
for each case moat stand sin its-own merit-s- I acted as counsel
for Mr' Mdpratt.some time ago, and. -the jury acquitted him.
With respect to the case of King and Russell, which has beeri
ducted, there is considerriblediiutit:- tOrifTenferalen certainly
differed froin the tither j'tiiiieS:ind entertained the-
opinion which hesexprettsed,' tos the -very- -lasts moments of his
do'. Hawever, - sunrinsitig Jou are ..in titledataa, itaqu eit the
public benefircuantersailtstbAityries am* which arises final thelt
• nuisance; there is o' eou•nve ,or any public benefit: There
has been- souse itatearierit 41:Ole-that it- will be a public-be-
nefit; but 1 'catmint act- lon that: It ts, not ,sittilar in
the. case- of King_aed _'That case is riot at .all
applicable, supposing toe are to be. governed by its principle
and consider that case as' sound law, Theevidence that-hate
been produced satisfies our minds that-this mast be calleda coin-
- Moll nuisance, inasmuch as various individuals have given evi-
deuce to state that, it, affects their eve-sight, and others their
brembiligs smile Wperik aiSo of the effect it has had on their
property—datnaging. and. rusting, the. irsaws. It is not neces-
sary in-all cases that the health should.he affected. A. nuisance
ls,created in
.consequence of injury..to health. In others, a
man's comfort is affected. And supposing the health is not af-
fected, but that a inan'a life is 'rendered ouctiinfortable—that is
a nuisance. According to• this -evidenee.- it must he exceed-
ingly uncomfortahle..ty .persons, if, when they walk ahem they
are affacted in their breathing and- in their sight, and their
eyes are, as one witness desvitbed, as- it pricked •by so many
pins, when the rain is: Considering that there is, no
evidence against it, we consider it. our .duty to convict, subject
to an opinion as to the. copy of the byes'aw sent up to the Se-
cretan of slate—if that copy ought' have been a copy of the
original. - We infliet the'penalty-of
Mr. viart tss:N.s-,There. as a diacretion.,
Mr Fla 1. L.—Whether the penalty be inflicted immediately
or time lie given. These is no wish on the part of the magia-
trates to act harshly toiodividnals. • •
'Mr. HaevaOr.-'-sPerliapayou will postpone the infliction-of
the penalty: •., -
• nr. HALL—Are-you mooing to make any experiments With a
clew to attatit g the nuisance.
Mr. 11-A UIIE.N (after a 'shia ,corixoltation with his clients.)-s
I must leave the matter in your 113 r: .
Mr. I-I sc.—The parties are. in good circumstances; and,
therefore, there, is no, occasion to.give. time. Therefore:sub-
ject to that derision, and the penal() ought to he paid. -
An information was' laid agaitist the same defendant; for the
sante offence, on-the 9th of December.
The preliminary: pmwits, in this case being the. same as the
last, the evidence was admitted by Mr. Harden.
NIT% tjAltpLIN to-ids an objeetiOn to the information, that the