The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-04-06 00:00:00

d'OyniCiiiern"t7teirrentiary'oiri:re' bound to take' a copy of
each ticket e "

Witness.—l can re:011w

After sonic further questions respecting Mr. Hall's examina7
tion, the learned counsel asked, " did not Mr. Salmon tell you
that. he had destroyed the ticket ?"
Witness.—lie said he had mislaid the ticket.

Mr. WATSON —Was a person named Mintyre called ? Wit-
ness—Not that I know of. Mr. Watson—Was it not urged on
behalf of the plaintiff, by Mr. Davenport, that the voids •• free
of expense." meant free of cartage but not free of porterage ?
Witness—l don't recollect the question at all. He (witness)
.was called before the Court of Requests; Mr. Salmon was pre-
sent. He heard the statements made by witness. There was a
claim made for seven shillings.
. Re-examined by Mr. MURPHY.—When Mr. Salmon could
not find the original ticket, he (witness) made a copy from me-
mory. (A ticket was handed up to witness.) That was the
copy: he prodirced that at the public inquiry in the court.—
When Mr. Salmon was summoned he looked for the ticket, but
could not find it, and he ordered hith (witness) to make a copy.
There were more witnesses than one examined at the Court of
Requests.
Michael Thornton stated, that he was employed on the Ist of
December to remove some luggage from the Clarence Dock to
Bath-street. He commenced between ten and eleven o'clock.
He was at work until -three o'clock. The reason why he was
so long was, that the packet was not in hei. berth. When he gOt
to the Clarence Dock.he had to wait till the porters came from
dinner. They came at one o'clock; There was then a further
delay. They had to open the hatches, and he had-to get the
luggage out of the hold. He had another man, named Tom
Bruton, assisting 'him •in carrying the luggage to Salmon's
office door. They had a hand-cart. One of the passengers
asked him to get some straw to make a bed. ' He had to go to
three different places for it, and he gOt about 24 stones, which
he carried to Mr. Salmon's store. This occupied about an hour.
He was desired by the passengers to attend at seven o'clock
next morning to take the luggage and the straw to the Pier-
head. He did so. He had two hand-carts, and they took thent
to the Prince's Pier-head -north, where they found a boat wait-
ing. He then asked the men to pay him, They paid him 75.,
hut not until two hours anti a half after he had asked. Mr.
Duffey was Standing on the Pier-head at the time, and he
pressed the men three- different times to go on board the
vessel. The boatmen also they came out of the boat, anti ask-
ed them to go on • board. Mr. Salmon was in the boat.
That boat went away. They said they would not go on board,
and he (witness) would not let them have their luggage unless
they paid him. They got another boat after going up the town.
This was an hour and a half after the first boat had gone. When
they returned they paid him for tkiin porterage. They went in
another boat. Mr. Salmon paid him for the hand-cart a few
days after. If they had taken the luggage direct from the Cla-
rence Dock, is 6d or 2s would have been a reasonable charge.
Cross-examined by Mr. WATSON.—Had no regular scale of
charges. Was at present employed by Mr. Sherlock to solicit
passengers. Was at that time in the employ of Robinson Bro-
thers.. The cart .belOnged to Mr. Byrne, an emigrant broker,
and be borrowed it from Mrs. Byrne. He had been in the ha-
hit of burrowing it for the last seven years. Salmon paid him
is 6d for the use of it, which he divided with the person who
had assisted him. The ship was on her way down the river
when they were on the pier-head. Themen made an agreement
•on the pier-head, when they returned, to pay XI for a boat to
go after the vessel, but the boat could not catch her. Was in
Robinson Brother's employ at that time, (December,) but could
not tell whether he had left them twelve months ago, three-
. quarters of a year ago, or one month ago—as he had no laming,
and had a bad memory. Was never before a magistrate but
once. The magistrate sent him to gaol for four months, but
not to the mill.
By Mr. MURPHY—It was not for going into a riot in the
street and rioting—it was merely for looking on (laughter).
Mr. -Duffey stated that he 'was a clerk in the employ of Mr.
Sherlock. He recollected Mr. Salmon conaing,'to the office to
pay money, and, also recollected Mr. M•lntyre coming. The
4 moneyas paid to Mr. Sherlock for passage money. - He re-
collected being at the Prince's Pier on the following morning
for the purpose of taking the two passengers on board the Roger
Sherman. He asked them repeatedly to go on board the boat.
They were disputing with two men about seven shillings for
porterage. He gave directions to the boatmen not to be de-
tained longer than would allow them time to overtake the ship.
He offered to pay two and six pence out of his own pocket,
rather than the men should miss their passage. He requested
them to go on board more than once, and the boatmen did the
same. They said they would-not pay one farthing., they would
rather lOse their passage They would have had plenty of time
if they had gone on board the boat then.
Cross-examined—Did not hear the men say that they. were to
go on board free of expence. They said nothing like it in his
hearing. He was a clerk to Mr. Sherlock and cash keeper also.
Had never been brought before Mr. Hail on his own account
far cheating emigrants. He had been once or twice before Mr.
Hall; but not befoie any other magistrate of the- borough. lie-
hail been at the Court of Requests respecting detention
money.
By Mr. MURPHY.—Detention money was a shilling a day
which they had to pay to passengers it the vessel were detained
after a certain time.
Jarites Callaghan said that he was in the employ of Mr.
Byrne, and was on the Pier-head when the Roger Sharman
sailed. There were two men (passengers) there disputing
about seven shillings with porters, who would not let them go
until the money was paid. Witness told them to pay, or they
would lose their passage, and never get their money back again.
Cross-examined.—'They were taken away by a person named
Higgins, who said he would make mote money by them.
James. Curren stated that he knew Kennedy and Mac Intyre,
they lodged with him, and to the best of his knowledge they
had returned to Ireland.,
Some conversation ensued as to the statements in the declara-
tioe, Mr. Watson intimating objections to several of the
inuendos.

His lordship said
.there would' have been a doubt as to u hether
it were
~u libel at all, if it bad not been for the words at the be-
ginning.

Mr. WATSON said, lie appeared before them as counsel for
Mr..Pattisson, the editor of a very respectable paper. if be had
the power he should forbear to inflame their minds by allusion
to the liberty of the press after the manner of his learned friend
in his opening speech; and if he did so, he should not gain by
competition with one of his learning and intelligence. His
client, in the conducting of his journal, had been instigated by
a wish to make it as respectable as possible. He did not spend
much time in Liverpool, hut he had been in the habit of read-
ing it. and he thought every person who had done so, must be
impressed with the certainty, that it was conducted in a gentle-
manly tone, and with much talent and inteliigence. He asked
them to pause before they entertained the idea of visiting his
client with damages on that Occasion. The whole matter rested
on the part which had the 'words " cheating emigrants." His
Lordship had already given it as his opinion, that there was
no libel, with the exception of those words. The Jury knew
that in the course of the year many thousands of indviduals emi-
grated to foreign parts through this port. No less 30,000 indi-
viduals annually came to this port for the purpose of emigration.
Some of them came with just money enough to pay their pass-
age to that land where they expected to get employment for
their industry. He might appeal to any gentleman in that box,
if there were not numerous frauds committed on those unfortu-
nate people. There were individuals prowling about in every
direction, crimps watching for them to catch them, and by every
means in their power to take from them their earnings. It was
very easy to arrive at the conclusion that those poor people were
not difficult to be imposed upon. The legislature had done all
in their power to prevent the evil of crowding too many passen-
gers in one vessel, by making certain regulations as to the
number of passengers that each vessel should carry in propor-
tion to her tonnage. They had also some regulations in other
respects, which ;hewed that they must have acted upon some
frauds ormerly committed. Tire government of the day had
found the evil so crying, that th4y.bad stationed Lieut. Lowe
and Mr. Jones to protect the emigrants passing through this
port from imposition. It was the prevalence of these frauds
that had, in point of fact,•given rise.to that which was the sub-
ject of their inquiries this day. The poor individuals were de-
frauded, they had to hurry on board the vessel, they crossed the
Atlantic, and were never more heard of. It was for this reason
that it was, useful for a public journalist to hold out a warning
to those who were about to emirate, which might prevent their
being imposed upon. He maintained that those who took in
this journal would, if they saw a tearless exposure, have confi-
dence in them, and he thought the columns of a newspaper
could not be better occupied, In the year 1837, not less than
3760 complaints of extortion had been made by emigrants and
proved. But there were many more who were defrauded just
when on the point of sailing—they went away and no inure of
complaint was heard. This was a monstrous state of things,
and one which was not to be tolerated, and would not his client
be unworthy of public confidence as a journalist, if he feared,
when it cause under his notice, to call black black. It was said
that Mr. Salmon came before them to clear his character, and
that he did not want vindictive damages. It was a curious fact,
hut he wanted the jury to wash him white—he wanted-repara-
tion for his character, but after this action, if they were to wash
him in all the waters of the Atlantic it would be unavailing.
There was upon the record a declaration; placed- there by him-
self, admitting that the charges of cheating were just. The
learned gentleman was proceeding to read the admission on the
record, when

His LORDSHIP said that the jury had no right to hear this, as
they were not to be taken-as admissions having been made for
a purposeWAttN law.
Mr.proceeded. They had called clever witnesses
for the plaintiff, and see chat the facts were. (The learned
gentleman here stated. the course (if evidence fur the plaintiff.)
They had seen that the plaintiff had paid Sherlock EG 155., and
had charged the paSsengers• la His friend wished them to
believe that this ticket was not' arked " free of expense;" that
Salmon was not to pay the porterage but to pay the cartage.
The Work was done by a man who was employed by Robinson,
and who borrowed the cart, so that there ought not to have been
any charge for cartage. He did not know the rates of cartage
in this town, but the man said the 'cartage was about Is. 6d.
Salmon's office was 200 yards from the place. What right then
had they to charge seven shillings, when the-charge ought only
to have been Is. 6d. There ought, according to the evidence,
to have only been a charge fair the carriage from the dock to Mr.
Salmon's office. But a demand was made for seven shillings
just as the men were going on board. Was that not extortion ?
If it were not he did not know what was. These poor men, it
might very reasonably be supposed, were very anxious to get
across the Atlantic, yet from the first to the last they had reso-
lutely refused to pay the seven shillings which they rightly de-
manded on exportation. This proved that it wits impressed upon
their minds that they were to be put on board free of expense. ,
They would not pay the 7s. because they knew that it was an
express stipulation .that they Were to be put on board free of ex-
pense. There had been a rambling statement of a person about
a Mr. Higgins. That Higgins should be brought before them.
Higgins took them away, and when they returned, finding that
there were no hopes left, they had the 75., and after that they
had to pay one pound for a boat to go aftet the vessel, but after
all they could not overtake her. If they had not been right
they never could have recovered the £B. They were taken be-
fore .Mr. Hall, au excellent and learned friend of his, but be,
it seemed had no jurisdiction. This was a 'must curious case.
One witness said that he saw the ticket torn up. in Denison-
street. Another said he had made a copy but the original was
mislaid. It was stated before the magistrate that the original
had been destroyed. Mr. Hall after cautioning him on some
subjects, finding that he was a pensioner under government,
recommended hint to pay the money or give a free passage to
the poor men from whom he had received it. This was whole-
some advice. If they had not had a Court of Requests in the
town, the money would never haVe been paid, and these men
would have been deprived of probably all they possessed. He
would just state why he laid so much stress upon the evidence
of the ticket having been destroyed. On the day or the day
but one after the hearing before Mr. Hall, Mr. Salmon called
upon Mr. Hall anti showed him a ticket, saying he had found
the original. Mr. Hall, Who was a most intelligent gentleman,
and too old a bird to be caught with chaff, told- him to beware
what he was doing. Was this an honest man, who came before
them to talk about his character?---he whir had attempted to
practise such a fraud as to make Mr. Hall belieVe that
that was an original • document. The doeirment• which
M'lntyre had produced was torn, and Mr. Miirphv had it,,lted
rif were in the private room that that -was exhibited, Wishing
to put it.tvheti the jury thought.that .was the ticket shown to
Mr. Hall by Mr. Salmon. 'They afterwards treat to the Court
of Requests. There Mr. Salt-non was asked by-the Commis..
sinner tor the ticket, and Salmonagain replied that he had it

THE LIVF,R.PuOI, STANbARTY

" EMIGRANT AGENTS

not-that it•WOS 'ThiS'isti's a sl range' state of thing's:
did ❑ot understaou how this could exalt Mr. Salmon's charac-
ter. Had Mr: Salmon's character been deeply injured by his
client ? It was true that public attention had been Called to
his act, but could they doubt that fraud had been committed?
But, suppose Mr. Salmon deeply injured—suppose any man
felt himsblf so, would ❑ot. his first impulse be to ask the editor
to allow his' paper to be 'open to a reputation. Did he do so?
If he did, and Mr. Pattisson allowed it to appear, what did they
think of him ? Mr. Pattisson, who had no ill will to any man
in the course of his public duty— •
The JUDGE said this was a subject which he never allowed to
pass without remark. An editor of a paper had no public duty.
It merely was a matter of private traffic.
The learned Counsel having explained that by the words he.
merely meant Mr. Pattisson's duty to his subscribers and read-
ers generally, went on to state that on the 19th of December,
Mr. Salmon published, by permission of Mr. Putt isson, a vin-
dication of his conduct in the LIVERPOOL STANDARD. The
learned gentleman here read the following letter from Mr.
Salmonatother letter having previously appeared in the
Albion:—

" TO THE EDITOR OF THE LIVERPOOL• STANDARD.

" Slit,—Necessity compels me once more to appear in print,
for the
.purFose of showing the public that I am not the man
that smite persons (for reasons well known to themselves)
would wish to make me appear. I allude to a letter of mine
which appealed in the Albion of Monday, the 14th inst. wherein
I proved, (satisfactorily,' i hope,) that two passengers who en-
gaged with me for New Orleans, lost their passage through no
fault or inadvertency of mine, but merely through their own
unwillingness to pay seven shillings porterage, which they,
most unjustly, wished to saddle on me.

.
I have now to inform the public, that the same two passen-
gers have, since then, summoned me to the Court of Requests,
and that the Commissioner has awarded in their favour, the
amount of their.passage-money, together with the costs of court,
but would not allow them the seven shillings of porterage,
thereby exonerating me from the blame which these passengers
wished to cast upon me, by,the refusal to pay seven shillings, in
consequence of whirls they lost their passage. Now, if the
Commissioner had awarded against me only the porterage, it
would have then appeared, that the said porterage was a just
debt against me, and that I was bound to pay it ; and, there-
fore, that they (the said passengers) had lost their passage
through my unwillingness to perform my contract. Whereas,
the Commissioner of the Court of Requests has seen that. I had
no right to pay the porterage, and, consequently, that the two
passengers should have paid it themselves. By a reference to
my letter, in the Albion, it will be seen, that. these two persons
had their luggage detained at the Pier-head for refusal to pay
this porterage, add that they were desirous of making use pay
it, though they have failed to do so. They have, however, com-
pelled use to pay back their passage money, by the deCision of
the court. But when the reader bears in mind that this porter-
age lost theni their passage, and that the court conceives I
should not pay iti•-it I.3llnws that they lost their_paSsage through
no fault of mine,,aud consequently, that I ski-add not be a suf-
ferer by their delinquency. Yet the fact is, that-on Saturday
last, two bailiffs called at my house in DeniSon-itreet, with an
execution, (before balf-past three o'clock) to seize my furniture.
The Commissioner, by exonerating me from the porterage, vir-.
tually exonerates me from all. The porterage being the point
in contentious, if that lost them their passage, I am not to
blame ; consequently, I have no right whatever to refund the
passage money, though I have done so, by the decision of the
court.

‘! I have now to state, that the ticket which I got from Mr.
Sherlock, was handed by the passengers to Lieut. Lowe, who
now refuses to return it. If Lieut Lowe. can show what right
he has to that ticket I shall never complain ; but, as he has no
property in it, and, as 1 humbly believe, he has no authority
for holding it, 1 &elate; before the world, my sense of the in-
justice which he has committed towards me. •

sent a lei ter to Lieut. Lowe for the afore-mentioned ticket
on Saturday -last, and I got, for an answer, that he would not
give it up without an order from the magistrate or the clerk of
the court. I then wrote to the Commissioner of the Court of
Requests, begging that he would grant the same. I got, for
answer, that, the money being paid, he could do nothing. There-
fore, whether it. be before or after I have paid the money, I
have no redress, and I cannot get my ticket. Now, I leave the
public to judge whether this is just or unjust.
"Before concluding, I must mention that Mr. Jones, the as-
sistant to Lieut. Lowe, appeared in court, and when the com-
missioner suggested that a passage might be got for those per-
sons, Mr. Jones said, that he "would not take Salmon's word."
I should also mention that he (Mr. Jones) was not on his oath,
yet he was allowed to speak; and, if he had been on his oath,
he could state nothing but hearsay testimony from those two
reckless characters whose conduct I have endeavoured to display
in. its true colours.

"After what I stated about this case in the Albion, after hav-
ing shown that they lost their passage through their own fault,
after having shown that I am a persecuted man, not only by
Lieut. Lowe, but by his coadjutor, Mr. Jones, will the public
be surprised that I am forced to apnear in my own defence, and
to expose the oppression that has been, most unjustly. exercised
towards me.. I trust I have cleared my own character from every.
attempt at fraud, (for such was the charge against me,) and
I trust also that, I have shown that my conduct, throughout
the whole transaction, has been, at least, as honourable and as
creditable as that:of Lieut. Lowe.

• • "WILLIAM SALMON.
" 15, Denison-street, and 2, Bath-street.
I." Having given insertion to the above, we shall, of course,
open our columns to any explanation which may be furnished by
Lieut. Lowe, or any other of the parties alluded tu.—]E.L.S.'
Mr. WATSON, as he read the letter, commented on certain parts
of it. He did not know why, after such a letter as that, he had
come into court. In the STANDARD of January the 12th Lieut.
Low bad published a list of the number of emigrants which
had embarked at this port. Upon this Mr. Salmon came for-
ward on behalf of the great body of emigrant agents. The letter
spoke contemptuously of the accounts which had appeared in
the public prints, and laughed at Lieut. Lowe and his efforts.
It further said, "We have, in our unfortunate business, to deal
with the very worst of characters—with the e;wourings of the
human race—with robbers, runaways, villains of all sorts and
descriptions, for whom the voice of public sympathy is invoked;
but there is no commiseration for us, if we lose two or three
hundred pounds by a ship. Not at all! This would not suit
your business in Union-street. We are to be held up to the
world as'swindlers I nothing less than downright "SWINDLERS'"
Swindling Whom ? Men that are qualified to swindle us, after
having, perhaps, swindled more acute people than we are. But
the true statement of the case is, that we are and must be ex-
posed as common swindlers; and all this must be made manifest,
in order that you may appear a most useful man. In truth, 1
pity the man who attempts to rise to eminence by such means."
There was also a postscript, which ran as follows:
" P.S..—As our business has been libelled by being called " a
system of swindling that is a disgrace to our community." I
hereby challenge you to produce a single case of direct swind-
ling, to name the persons who were swindled, where they en-
gaged their passage, and who were the actors or abettors in the
crime. I have only one cause of regret in writing this letter,
viz., that it makes you appear to be a man of greater import-
ance than you are; for any man in Liverpool can show an ag-
grieved passenger the way to the police-court. Perhaps it may
be said, lam only breaking a fly on the wheel.'"
This was•the case for the defendant, which would be proved.
They had to take into consideration whether this was a libel
or not. Whether there had not been a pretence made for the
purpose of cheating those two poor men. He thanked them for
the attention with which they had heard him. The defendant
had been dragged into court. They would say what was right,
he had confidence;, and if they should find that Mr. Salmon
had acted like an honest man they would give him•their ver-
dict. If they gave a farthing damages, that farthing was like a
grain of mustard seed, which, though the least of all seeds.shot
out into large branches, in the shape of costs.
• John Jones stated that he had been appointed by govern-
ment here, and had been in Liverpool five years ; Lieut. Lowe
had also been appointed, and their office was to protect emi-
grants from the extortion and robbery of emigrant brokers.
He was under Lieut. Lowe. About 32,000 emigrants embark-
ed annually from this port. There were a great many corn-
plaints of emigrant brokers, upwards of 3,600 having been laid
before them in the year 1837. He recollected the two men
alluded to being brought to them. He went to Mr. Hall's
office and laid a complaint. He had been to Mr. Salmon's
office previously, and requested him to give them a passage
free of future expense, or return the money. The emigrants
were with him. Mr. Salmon said he would not. He might
take him before a magistrate if he pleased, but that was not his
agreement. lie attended when the vase was heard before Mr.
Hall. Mr. Davenport, the attorney, attended with Mr. Sal-
mon. The magistrate called for the first ticket, and Mr
Davenport said that it had been destroyed. Mr. Hall decided
that Mr. Salmon must return the money or find them a passage
free from future expense. Mr. Salmon replied that that was
not his agreement, and he could not do it. He took them to the
Court of Requests, where the case was heard before Mr.
Lowndes, the presiding commissioner. The parties were
sworn and the men told t heir story. Salmon, and Mr. Jones,
his attorney, were there. He (Mr. Salnion).was asked respect-
ing the first ticket. He said that he had destroyed it. The ul-
timate adjudication was that the money should be returned-
The commissioner asked respecting the ticket two or three
times before Salmon would give an answer. A demand was
made for the 7s. but the commissioner took no notice of it.

Cross-examined by M capury.—Was appointed to his office by
the Secretary or State. But he was no: d€ pendent on the num -
ber of complaints made for the duration of his office. Of the
3,600 complaints made, some were decided by Lieut. Lowe and
himself, other's by the magistrates, or at the Court of Requests.
Those decided in the latter way might be about 200. All the
3.600 were decided in favour of the emigrants- They received
Pt hex complaints, but such as were marked frivolous were not
included in the number stated.
Re-examined.—They made regular returns to government.
Had been in the navy thirty years. Was a Master.
Thomas James Hall, Esq., stated, that he was a magistrate
for the Borough of Liverpool. Recollected two Irishmen pre-
ferring a complaint before him. He heard the case, and ulti-
mately stated it to be his impression, that Mr. Salmon should
return the- money or find them a passage. He remembered
that be had a strong impression, that under all the circum-
stances he could not take cognizance of the matter. The ap-
plication was first made by two men named Kennedy, and
MacFarlane. He issued a summons for the appearance of the
parties on the following day. Mr. Salmon appeared with Mr.
Davenport, a solicitor. He had the parties in the witness box,
anti heard their statement. Mr. Davenport said that be had
the copy of the agreement. He (Mr. Hall) asked where the
original was. Mi. Davenport replied, my client says he has
destroyed it. lie (Mr. Hal!) observed, that that was exceed-
ingly strange, that the copy should be kept, and the original
destroyed. He asked what had become of the original, and why it
had been destroyed ? The reply was, that it had been destroyed
to prevent a confusion of tickets. He (Mr. Hall) observed, that
it was a most singular proceeding for them to destrovthe original,
which was the document usually filed by parties, and to keep a
copy. He recollected that on a subsequent day, he believed two
or three days afterwards Salmon called upon him. He was in his
private room, early in the morning, before he went into court.
Mr. Shuttleworth, the magistrate's clerk was present, and he
believed that •Mr. Dowling, the commissioner of police, was
there also. Salmon produced a document, which was in a
very tattered state, and said he wished to snake a Communica-
tion to him. He (Mr: Hall) said, that behind the backs of the
opposing parties he would rather not hear any from him: Sal-
mon said it effected his charactef materially, upon which he,
Mr. Hall, told him he might prOceed. He produced a very
tattered paper, which he said was the original ticket which he
had found. He, Mr. Hall, told him he was Much surprised, for
said he, " I think one of your witnesses, when before me, the
other day, stated tohne that that ticket was burnt." He Mr. Hall
believed Mr. Salmon said that it was a mistake on the part of
the witness, for he had since found the fragments. He looked
at the ticket, and what he thought very singular., discovered
that that part was wanting upon which, according' to the evi-
dence of Kennedy, the words, " free of expense" would be
written. He had Made au observation which tirade an irripres-
slim on his mind, because when Mr. Davenpcirt appeared, he
argued without denying that the words " free of .eXpense" had
been on the document, that they did nut. necessarily, include
potterage.
Cross-examined hy'Mr. Murphy.—Mr. Davenport never de-
nied that the words free of expense were on the ticket. (A.
tieket handed to Mr. Hall.) He should think that that was not

the ticket- ptOduced in his private mirth. lie thon-gfatefterhe
had heard the whole case, that it did notcome sufficiently within
the jurisdiction of a magistrate.for him to give ir decision-, and
therefore he recommended Mr. Jones to go before the commis-
sioner fur the Court of Requests. The ticket which was pro-
duced in his private room, seemed to have a lilt ger chasm in it
than that which be held in his hand, an t was in more minute
fragments. The copy which Mr. Davenport held up in court
was entire.

Mr. Hall, as be was about to depart, said he might observe to
his lordship that he had nut come voluntarily to give his evi-
dence, ire was subptened. The papers were put in and admitted
as read. This closed the case for the-defence.

Mr. URPRY, in reply, said, his friend had, in the ffrst in-
stance, made an observation that was little complimentary to
himself, and which was contradicted by the great ability which
he had displayed in the-conducting of this case. He had spa-
ken of his havrtig, attempted to inflame the minds of the gentle-
men of the jury by allusions to the liberty of the press. He
would ask them if he had alluded to one single inflammatory
topic in the course of his address, and whether he did not give
to the press and its conductors every praise, only suspending
with respect to this paragraph, what must be the individual
opinion of his friend himself. Let them look at the course of
evidence set up in defence, and they would see that that which
was inflammatory came from the other side. They charged
Mr. Pattisson with having, by stamping that paragraph with
his opinion, made it appear to the public that Mr. Salmon was
a cheater of emigrants. lie was borne out by his Lordship in
saying, that it was the animus in that paragraph, rather
than the matter related, that poiuted the dart and entered 'into
the feelings of his client. He was alive to thb many bless-,
ings of the press, but he must agree with what had falleir
from his lordship respecting the duties of the conductors of
the press. His friend had travelled out of the narrow path
which they were called upon to examine, and had talked of
politics, the impression which the reading public would have of
what he termed fearlessly calling things by their right names.
But his lordship would tell them, that this fearless candour was
no justification of which injured the character of another. It
was curious, that they bad adduced in aid the fact of an officer
having been established in Liverpool, for the protection of
emigrants. He conceived that this was the very reason why
Mr. Salmon would be cautious not to do anything of which
complaint could be made, he would pause before h- cheated.
His friend had also said, that the waves of the Atlantic would
not wash the character of his client white. Though he had said
his object' was merely vindication of character, and though he
was still even in the face of what had been said, instructed to
go for that, and not to press for heavy damages, yet, from the.
course which had been taken in the case, he thought be was
bound to insist upon ample compensation to mark the sense of
the injury sought to be inflicted. He thought with respect to
the number of cases of complaint that had been tendered as evi-
dence, the jury might conclude that Lieut. Low anti al r.jones,
would admit as many as possible, in order to show their vigilance,
and to swell the number of applicants. Mr. Hall's attention too
must be distracted by the multiplicity of applicants, and the va-
riety of cases which continually occupied his attention. It could
not therefore, be expected, that he could have more than a general
recollection of what had occurred. With respect. to Mr. Da-
venport's admissiou, therefore, of the words free of expense, as
stated to the learned magistrate, it might be that Mr. Daven-
port merely meant that supposing the words " free of expense"
to have been mentioned, they could only apply to the cartage
and not to the porterage. His friend had said that Mr. Pat-
tisson had made compensation by epening, his columns to the
plaintiff. He contended that the conduct of his client in this,
as in all other respects, had been that of a man of rectitude,
who knew that his character had been unjustly aspersed. It
appeared that Duffy had offered to pay 2s. lid. for the men,
which showed that he wished them to go in the boat that
awaited them, and it was in evidence that the Commissioner of
the Court of Requests would not allow this sum, mr,6 it
enough that the celninns of the paper- were opened to Mr. Sal
mon ? If a person were aspersed in a public paper, it would be
expected that the editor should do something more than admit
a letter—He would' be expected to write a leading article point-
ing attention to it. If that had been done he should have been
ashamed of eomieg before a court of law.
The learned SU DO summed up at some length, and con-
cluded hy stating to' the jury would have to say first whether
the publication was a libel, ana, next, whether the plaintiff ever
did commit the fraud allegecl In any case serious damages
would not be called for. . .

The jury consulted for about half
,an hour, without quitting
the box, when they returned a verdict for the defendant.
The JUDGE questioned them as to the find►ng on the issues,
when the foreman replied that they had found that the publi-
cation was a libel, but that justification had been proVed.

THE QUEEN V. MUSPRATT.-INDICTMENT,

. .
(Before Mr. Justice Coleridge, and a Special Jury.)
Mr. Cresswell, Mr. Watson, Mr. WightmarL and Mr. Star.:
kie appeared for the plaintiff. and Mr. Alexander, 1)r. Brown,
Mr. Brandt, and Mr. Crompton for the defendant.
The following gentlemen were sworn on the special jury:
Mr. Henry Harrington Harland, Manchester,—Foreman.
Mr. Wood Gibson. Salford, Merchant.
Mr. John Hoyle, Bury, Merchant.
Mr. William 'Edmondson, Ardwick, Merchant.
Mr. Jonathan Nixon Rawson, Salford, Merchant.
John Clegg, Esq , Oldham.
Mr. John Gandy Walton, Ardwick, Merchant.
Mr. Samuel Lomax.
- Andrew Bannamer, Esq., Tidsbury.
Mr. James Burt, Ardwick, Merchant.
Mr. John Newsam, Chorlton-upon.Medlock, Merchant.
Mr. Oliver Ormerod Walker, Bury, Merchant.

The declaration stated that James Muspratt was indicted on
the prosecution of the Mayor, Alderman, and Burgesses, for
creating and maintaining a nuisance in the Borough of Liver-
pool, and to this indictment he pleaded not guilty.
Mr. CNEsswEi.t., in opening the case, said the inquiry
into which the jury were about to enter was one of great
interest in the town, and, indeed, he might say of interest
in other towns, for it was an inquiry into the extent to
which it was lawful for any person in pursuit of his own gain,
and in carrying on trade, to interfere with the comforts and the
property of others. Mr. Muspratt the defendant, on this record
had for some time past carried on a large manufactory in the north
part of the town. The population not only of that part but of
other parts considerably removed from the site of the works,
imagined rightly or wrongly that they had sustained a very
serious prejudice in consequence of the works, which were so
.carried -on by Mr. Muspratt, and at the instance of the inhabi-
tants of the district, the corporation of the town had deemed it
their duty as in some sort the guardians of the welfare of the
town, to institute the proceedings which had called for their
attendance that day. The works carried on by Mr. Muspratt,
and by several other gentlemen in the same neighbourhood,
were for the manufacture of alkali. For this purpose two pro-
cesses were necessary, first that of manufacturing sulphuric acid
and using it with common salt in manufacture what was called
salt cake or black ash, that being used instead of Kelp or Span-
ish Barrilla, imported from foreign countries, and used in the
manufacture of soap. He understood that the processes by
which this article was manufactured was so conducted as to dir-
charge into the air from the lower partof the works of sulphurous
acid gas, and from the high chimney in which the other pro-
cess was carried on, a large quantity of muriatic acid gas. No
person could pass within sight of this chimney when the works
were in operation, without observing not only a column of
black smoke, the product of the coal fire below, from the
chimney, but also a white vapour which looked like a cloud of
steam also issued front the chimney, carried along in clear
weather, still remaining a compact body, not much mixed with
the air on either side of it. He understood that that vapour
which they saw come originally from the chimney in the form
of muriatic acid gas, but speedily combining with the water of
the atmosphere, assumed the form of a vapour, lost the gaseous
form, and was then driven along with the wind, being heavier
than the atmosphere, and ultimately descended, and where it
did produced tho consequences which he should describe. In
the first place with respect to vegetation. He was told that it
withered and destroyed vegetation wherever it fell. The leaves
curled un and became shrivelled and embrowned by it, and
timatelyfell ; and if it continued in that direction a sufficient
length of time they would crumble to dust. On metals it hada
very peculiar action. Brass was speedily tarnished by it; a red
or rather a bright rust was produced by it on all metallic
substances. Fenders, fire-irons; and every polished arti-
cle was speedily rusted by it, so much so, that in half
an hour after any metallic substance was submitted to its
action, they would find it was entirely rusted. To the senses it
was, particularly disagreeable. There was a pungent acrid
taste which was extremely irritating to the lungs, produced
cough as soon as it was inhaled, and smarting about the eyes.
In short, it irritated wherever it came iu contact with the mu-
cous membrane. They might imagine this was a source of
great annoyance and loss: Mr. Muspratt having erected an
exceedingly high chimney, the effect of that we, felt where
the same gas, from a lower chimney, would not be perceived.
Because, of course, as this gas was heavier than the atmosphere,
the place where it fell would depend upon the height from which
it was discharged. in damp, hazy weather, when there was
more moisture in the atmosphere, it fell more speedily. In such
weather they would find, that this vapour had been traced to
parts comparatively n?arr Mr. Muspratt's chimney. His ehim -
nev was in Vauxhall road, and in such weather as de had de-
scribed, they would find the gas perceived in Scotland-road,
Beving,ton-bush, St. Anne-street, Cazileau-street, and that dis-
trict of the town. In clear weather, of course, there was less
moisture fur it to combine with, and it was carried further;
and then, instead of falling in that district he bad described,
it descended as far off as Everton; and he was told that Ever-
ton, from being the favourite residence of the wealthier inha-
tants of the town who there had escaped from the smoke
and denser atmosphere of Liverpool, had suburban villas near
Liverpool, the trees flourished, and it was an exceedingly
ageeable residence to those who could escape from Liverpool
for a short distance. Unfortunately for their property upon the
remission of the duty upon salt which was exceedingly high,
this manufacture of alkali had sprung up and from this time it
had been speedily increasing to the great encroachment of those
engaged in the trade, and much to the annoyance and impoversh-
ment of all in the-neigourhood of the works. They would find
from a large body of evidence from Everson,. Netherfield-lane,
and the not th road that the trees had perished under its influence
—that the evergreens and shrubs and truit trees; and when they
came out, in the spring were destroyedand ail prospect of their
coming to perfection was gone at once. The small shrubs with-
ered away and if any frail formed, it became embrowned and
fell off perishihg before. With respect to those lower down in
the town they there go to a different class of sufferers. They
there had a number of tradesmen in different lines of business—
many dealers in stnallwares, thimbles,needles, pins, and articles
of that description. He dared say before the day was over they
would have articles of various descriptions which had been expo-
sed to the influence of this, muriatic acid gas he could hardly call
it, because it came down in the shape of mnriatie acid. They
would find that the butchers' meat, on the outside, became
blackened and slimy, and they were obliged to tut it off; in
short, there was hardly a tradesman in that part of the town
but suffered whenever the wind was such as to affect the vapour
to his premises. With respect to the fields in the neighbour-
hood, they would find that its effect was the same. He had
several Cow-keepers to produte before them who had fields in
that district. '1 hey would tell them that whenever this vapour
fell it corrupted the grass, which became brown add withered.
The cattle refused it, or if, drivenliy hunger, they did eat, it in-
jured the health of such beasts; they got out of condition, and
they milked very badly ; and they would find that all this
seriously affected the value of property in that neighbourhood.
He believed there were instances of fields letting formerly for
£l2O and £l3O which now scarcely produced £9O. They would
find houses of £6O value reduced to £5O and £4O; Others of
£3O to £25. In short, lie did not know any descriptoin of pro=
perty which was not reduced in value, unless it were concerned
in carrying on nuisances of this description. Now, when he had
proved to them, by a multitude of witnesses of this deleterious
matter .issuing from Mr. Muspratt's, certainly they would
say, is hat possible answer could be given to this indictment.
Why he had do doubt that an atgurnent would be urged, viz.
that it was ad extensive concern—that Mr. Muspratt had gone
to great expense in building his works, and that therefore it
would be exceedingly hard to say that Mr. Muspratt Should not
carry on his trade there. They would see at once the impos.i-
bility of that affecting a verdict of this sort, because if that wet e
right, a man had only (however ingenious his %iorlis might be)
to expend a large sum in proportion in what no human being
could interfere, and then say that lie had invested so much
money in these works, it would be cruel to stop them, and
"therefore let me make my profit and every thing else ruined

-1.
it;,,, a-7
by them." That vea's the sort' or result to- retro h such' atr • '
merit must lead. What, because a speculator chose to s
a large shin of money- for his own gain, ass it to injure ~,„:17k-
fortune and interest of every persun areuird him ? The uex •
argument was, that it was a large trade, that the cheapness of ••!/V•gH--'
the alkali encouraged the manufacture of soap, and that soap
was productive of great benefit to the people of Liverpool, be....
cause it produced large returns, and there was so much more
capital brought into the instil, and that trade was made to flou-
rish by it. Neither could that be an answer. To a certain
extent the ease and comfort of citizens most be sacrificed:
for the more general interest of the state;' but to assert
that any individual because he introdueed a new, be it au
extensive trade in the town, was therefore to interfere
in' destroying the comfort and property of all around him
was a system of ethics that certainly could not be tolerated for
a moment. Certainly he should think that the science of politi-
cal economy, if it taught so, that any person for the sake of in-
creasing the trade of a community, might, for the extent to be
shown in this case, injure the property of others, was a most
mischievous doctrine, which ought nut to be encouraged. There
*as another topic of which they would hear. If was stated that
in !hat district were other rival nuisances. They' wodld hear
of limekiln works, and carbonic acid escaping from them. They
would hear of horse killers, and tanners, and others, and they
would hear of sulphureited hydrogen, and various other dis-
agreeable odours issuing from various places, but what had they
to do with Mr. Muspratt? If all made a minor or a gwater
smell, was that 'any reason why Mr. Muspratt should be ellowed'
to make a stench that was in itself a nuisance? It never could
be. But it would he' said, perhaps—they had some reason to
suppose it from placa-rds on the walls, which bad met then:l.:for
the last few days—" We know that this is a most kindly'
gas, is this muriatic gas; that it is extremely beneficial;
that but fur Mr. Muspratt and his fellow alkaliers the
town of Liverpool would be poisoned. (Laughter.) In short,
that it was the happiest thing that ever was invented, that
Mr. Muspratt discovered, and those who assist him; by ma-
nufacturing alkali he actually saved the lives of thousands'
every year." Why, if he made that out, he would, instead of
a verdict of guilty against him, have a statue erected to him on
top of the highest of the chimneys of his works. (A laugh.)
Atter a few more observations, he called on the jury to prevent
thv injury caused by this muriatic acid gas,'byputting a stop to
its manufacture in Liverpool.
Mr. Edward Tyrelf, snperintendant of police, was then ex-
amined. He knew Mr. Muspiatt's preMises, at the north end
of Vauxhall-road. It had two chimneys, one was, he should
say, 200 feet high, and the other about one third lower. He
had seen white vapour coining from both of them. frequently.
The white vapour affected his health; it produced a smarting
pain in the eves, and a difficulty of breathing: He was affected
with sickness after inhaling it. He had often seen people
running coughing,, and endeavouring to get out of the way of
the vapour. He had observed the vapour in the immediate
neighbourhood, and also at Everton. Evertor% was a•Mile and a
half from the manufactory. He lived at Rose-hill, which was
half a mile from the manufactory. The vapour corroded metallic
articles in his house. A frame of glass which he brought
from London 2 years since, was now turned almost bronze. It
tarnished the fender, producing a blue colour on it which, if
not wiped off, turned to rust. It made the walls of the house
damp, and changed the colour of the paint, making it a sort of
mottled colour. It also made the walls, which ought to be
stone colour, mottled. He recollected tracing the vapour on
Tuesday evening, the 28th of March last, about half past 6.
o'clock, to Mr. Muspratt's chimney. Ile could trace it so as to
see where it went, into Vauxhall-road. Mar bone, Great
Crosshall-street to Standish-street. Standish-street was about
a mile from the works. The vapour was then very bad. It
was a hazy night; It caused a prickling of the eves ,and
coughing. - Several persons were with him, and traced it with
him.

Cross-exainined by Mr. ALEXANOER.—IIe went with the
intention of tracing, ttw smoke. They lost scent of it some
times, it was•rather too high.
George Bowes Taylor.— He carried on the business of a
draper, in Byrom-street, and had been there ten years. He
had seen the white vapour proceeding from Mr.• Mospratt's
works. It tarnished the metals in his house, appeared like a
sort of damp smoke on the glass, anddamaged his goods, taking
the colour out of prints.

Cross-examined.—He noticed the white vapour on the evening
of. the 28th Nuve►nber last; it affected his eyes and breathing
very touch. He traced the vapour to Mr. Muspiatt's with the
police, whom he met accidentally.
Mr. Edward Lunt examined.—He lived in Burlington-street,
and was a bricklayer, and had lived there eight or ten years.
He had frequently seen the white vapour issuing from Mr.
Niuspratt's chimney. It injured the health of his ch►ldren, and
he was obliged to remove them into the country. It caused in
them the sensations above descr►bed, tarnishing also all kinds'
of metals in his house. It got into his room at night, and be
had been obliged to get np and light a fire in his bed-room, its
order to consume out the gas. It was a very great annoyance'
to him. _ _

Crosi-examined.--It affected his wife in her breathing very
much, and also his children, and he was obliged to have medi-
cal advice in consequence for thew.
Joseph Birch exaiuined.—Lived at Beacon's Gutter, in Kirk
dale. _

Mr. ALEXANDER. objected to the witness's evidence, because'
he lived out of the boundary of the old borough. He contended
that the municipal act which enlarged the boundaries of the
borough, did so for the purposes of the act,-namely, for political.
purposes, and nut for other purposes.
His Lotdship overruled the objection.
Witness examined.—When the vapoui cause' toWardS his'
house, he had been obliged to shut the doors and windows.
When the wind was in that direction, it came rolling just like
snow across a field. It hada gfeat effect on bhth hini and his'
family. After the vapour had passed across a field, it destroyed
the grass and the hedges, the shrubs- and the trees,-ttlrniog the
leaves uf ayellowish known colour; it turned the glass of a black,
sooty brown.
Cross-examined.—There were extensive brick-fields between'
hint atol the alkaline works. He tented a field for Xlooa-vear,
which used to rent for a-year.

Henry. Lathatn, of Collingwood-street rtepOSed to similar
effects produced on himself and in his house by the vapour. He
had been obliged to lower the rent of some of his property in
consequence.
Cross-examined.--He had traced the vapour to' Mr. Mus-
pratt's out of curiosity.
Mr. Samuel Holine examined.—ls an architect and builder.
in the town, and the proprietor of houses at the north end of
the town, and was well acquainted with property generally
in that part of the town. He knew Mr. Muspratt's works, and
bad frequently found inconvenience from the vapour issuing
fioni them—coughing and prickling of the eyes. He had
frequent occasion to visit some brick kilns adjoining, and
was often very glad to get away from them in consequence of
the vapour. ke imagined a vapour issued from the lower'
part of the works, though he had not actually seen it.
He was well acquainted with brick making. The smoke
from the brick field did not produce the same effect
as the vapour from Mr. Nluspratt's chimney. Since the
alkali works had been erected property had greatly de-
creased in value in that. neighbourhood. Four houses of his
had done so. It damaged the garden of some relations of his
at Everton. He was the executor of a widow lady, who pos-
sessed some flour warehouses in Vauxhall-road, which were
much depreciated in the rent in consequence of the vapour.
When parties came to take houses they beat the landlord down
in the rent because of the alkali works. . .

Cross-examined.-11e did not know any other particular
instances of the rent being depreciated—he spoke generally.
He knew of 100 to 126 manufactories of various kinds in a circle
round the alkali works. Lime-kilns, brick-kilos, tanneries,
soap manufactories, &c. &c.
Edward Byrne examined.—ls a slater and plasterer, and
lives at Rose-hill. The vapour turned plaster casts' brown;
prevented the paint to his house. drvioc, and it had been soft
for twelve months; injured the healtft of his children till hews&
obliged to send them ink() the country. Hinted the knives
when placed on the dinneriable, so that when he sat down the .
upper side would be quite dirty and rusty while the under side
was bright. Turned his steel watch chain in a night the colour
of red rust by morning; made it look more like cast iron than
steel. He was obliged to pay £2O a yearyfor a house for his
aunt, in the cnuutry, her health declined so in consequence of
of the vapour.
Cross-examined.—He had " promiscuously" met Mr. La-
tham, and the police, on the 20th of December, and traced the
vapour to Mr. Muspratt's chimney.
A great number of witnesses were then called to prove that
vegetation at Everton had decreased within the last ten years,
and gradually getting worse and worse. For the defence,
it
waswasendea
voured to be proved,- that this was owing to the
not to be attributable to the alkali works solely. A number
accumulation of smokes from various manufactories, and wag
of witnesses were examined to prove the depreciation of
the value of property at Everton, in tonsequence of the mu-
riatic acid gas, which it was endeavoured to be proved by the
defence was owing to the accumulated smokes from the
various inanufaCtinies. A number of gardeners were exa-
mined to prove that the vegetation of the gardens' at Ever-
ton suffered greatly trom the vapour—that the hedges, and
the grass, and flowers, and the fruit-trees all gradually
curled,garden snit the
withered,aves of
died where before they had flourished with luxuriance—that
tahfteetrrethese
wouldvapolir
nexthad
dayl) eebtei todbisseerreed to be
d
mla
and blighted, and would fall off; and the fruit withered and be-
came blighted. it was endeavoured to be proved for the de-
fence, that this was owing to the blighting effects of the west
wind, and not to the vapour it brought with it.
A nurriber of cowkeepers were eXamined, to prove that the'
vapour destroyed the grass, and the cows would not eat
t,nd if they did it made them sick, and refuse loud; that they
would not drink the water over which the vapour had gone; that
it was a scum on the water, and that the cows got out of conditimi
and gave less milk. Several respectable inhabitants of the neigh.:
bourhood of Everton were called to prove the depreciation of the
property there in consequence, which for the defence was endeavoured
to be attributed to other causes, and to the annoyance and discomfort
the nuisance occasioned them ;amongst others Charles Elorsfall, Esq.
was examined, and on his cross examination said the palm oil trade
had been greatly increased in consequence of the improved manu-
facture of alkali. Mr. Rogerson, surgeon, was examined as to' the
component parts and qualities of the muriatic acid gaSs. The Mode
of is being given out was in the manufacture of salt cake by pOuring
out a quantity of sulphuric acid upon common salt. Salt was a com-
pound of muriate of soda, and by pouring the sulphuric acid upon it
the muriate was separated front the soda and came from it in the
form of a gas, which united and formed a compound of sulphate of
soda. This gas driven up the chimney and poured out iii the form
of a white vapour from uniting with the vapour of the atmosphere.
It was highly deleterious in a condenSed form, killing both plants and
animals, but he should think bec.ame itinoxious in the proportion of
1 part of the gas to 1500 of the atmosphere. Though, then, it was not
good for the health; as producing a hurtful stimulant to the lungs.
When in a condensed state it greatly injured the conjunctiva, a mem-
braise of the eye, the mucous membrane of the nose, the mouth, the
throat, and the lungs, and Sometimes of the boweli. lie was cross
examined at great length as to his knowledge of the proportion of the
admixture of the gas with the atmosphere, and generally answered
that he had not ascertained the knowledge of these facts.
The case was here adjourned, at a quarter to seven o'cloCk, till to-
, doy. We have been, of course. obliged, very greatly to cur tail the
immense mass of eiidende, in order to bring it at all within oar Unlit'.
The trial appeared to excite notch interest in court.

Fst.sE Rnsioun.—lt has been very generally reported through
the town, that the unf.rtunate man, Hill, is to be executed on
Saturday. We are authorised to state that the ruusnurs'are
utterly unfounded, no order whatever having been given on
the subject.
MECHANICS' INSTITUTION.—We are informed Ma! the direc-
tors of this valuable institution, with their usual spirit and
proper feeling towards every class of the community. have re-
solved on fitting up their spaciona Hall in the new Building.
allotted for the Museum, as a Gallery of Sciettee, for the Obi-,
bition of models of new intentions in mechanics, as Well as for
specimens in nature, as illerstrations of every bran Ch. of natural
philosophy.
PoVEltlY AND Carsiit.—Any one May if be please send a
round of beef to Newgate, where it will be readily received and
promptly devoured; but if the same person were to send a
• ling's worth of bread and cheese to a union workhouse it would
be refused adinittance, and his benevolence stiguiafised at im-
proper. •
ltioN.--The item conveyed doWn the Monmouthshire Canal'
rind tram roads during the year ending 31st Dec., was f43,2P8!
tons, while that conveyed down the GlamOrganshire canal in
the same period was 123,2.3-1 tons, being a olfierenre of 19,974
tons in favour of the Manufacture of Monmouthshire.
APPROPRIATE NAlily.-11i au account of some recent kr,
tivities at Aberdeen, it is stated. ilta4 " Governor Grub toot 04
twain,.