The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-01-26 00:00:00

LIVERPOOL EPIPHANY SESSIONS

FRlDAY.—(Before JAMES CLARICE, Esq.,.llecordei.4
THE KING V. LUTWYDIIE.
An indictment was brought against Messrs. Lutwyche and
CO., soap enanhafeturers, of Paul street, by severe"l of the
inhabitants of Scotland--road, for a nuisance, originating in the
processlof their Manufacture. The defendants, in mitimfactur:
ing alkali for the purpose of snaking soap, produced a dense,
thick, acid vapour, causing all metals to tarnish, and producing
congliing,.aocl a prickling sensation of the eyes iu those who
came amongst it, damaging their furniture, injuring their
health. &c. For this nuisance the indictment was brought.
The case excited a groat deal of attention, and the court was
crowded with witnesses, and the public.
Messrs. COTTINGHAM and Heaineesori appeared for the
plaintiffs; and Messrs. RUSHTON and MURPHY conducted the
defence.
Mr. HENDERSON stated the case, and proceeded to call—
George Pim, distiller, examined.—Stated that on the 28th of
Sept. he went to the top of his distillery, and saw a white vapour
ascend from defendant's works at the south-east end of Paul-
street, in large volumes like white steam, and a portion of which
descended into his premises, in Scotland-road. It-affected his
eyes with smarting. It also caused him to cough, and seas very
unpleasant. It bronzes the fire-irons and other bright articles,
and spoils the furniture.
Cross-examined.—Does not'know Airy's chimney. Does not
of his own knowledge know that the premises, where the smoke
or vapour caine from are Lutwyche's; they are called Lut-
wyche's- works.
Nichol M'Lean, who is a clerk with Mr. Pim, distiller,' de-
posed to residing near the defendants premises, and to seeing a
dense white and pungent vapour proceeding from them, which
injured his eyesight, and caused him to cough. On being cross-
examined, he was not sure but that there might be some other
vapour combined with it from the surrounding manufactories
which might contribute to that effect.
James Logan deposed to being a veneer sawyer, at the mill in
Naylor-street. Ile described the nuisance as a white steam, a
kind of acid vapour which proceeded from Mr. Lutwyche's.
was like vinegae; it affected his eyes with a prickling. This
vapour spoiled all the furniture in Isis house, and it blistered
the paint; all the fire-irons were tarnished in flee minutes with
it. ,If the key was left bright in the counting-house door it was
turned black as his hat in five minutes. It made his house un-
comfortable, and they were obliged 'to shut all the doors. It
sometimes made the veneer saws blunt if they stood for an hour.
He had observed this vapour from Lutwyche's manufactory for
six years, but it had much increased latterly.
Wm. Hall, exCise-officer, deposed to the vapour in the be-
ginning of October last, being more like brimstone than any-
thing else. It prevented his breathing, and affected his eyes
and throat. He ascended on one occasion Mr. Pines distillery
roof, where he was in the' habit of going sev'eral times a-day,
and saw that the vapour clearly proceeded from Mr. Lutwyche's
chimney.
Cross-examined by Mr. RUSHTON:—He went also' to Mr.
Stockdale's soap manufactory ; they used a trifle of salt cake
there. There was a little trifle of this vapour there, to be sure,
but it was not so bad; it floated into the street.
Mr. Groce, grocer, lived near Mr. Lutwyche's manufactory.
In October last his premises were filled with the vapour pro-
ceeding from the street. He went to the top of the next-street,
and there he perceived this vapour distinctly proceeding from
Mr. Lutwyche's chimney. The vapour rusted his scale-beams.
The vapour produced constant irritation on the lungs. If he
were not compelled to live there on account of his business he
would remove immediately. Rents haci decreased within the
last three years owing to it. He considered the .rents had de-
creased in consequence of the nuisance. That neighbourhood
was one of the greatest thoroughfares in Liverpeol.
Robert Kershaw deposed to keeping a little green-grocer's
shop in Bevingtou-bush. On the fith of August last he observed
a thick smoke coming down the street. It came from Mr. Lut-
wvche's tall chimney. The vapour had caused him to cough
when nothing else would. - His wife was constantly complain-
ing about it.
Cross-exaMined by Mr. RUSHTON.—He was 54 years of age,
and had lived seven years in the place. It never harmed his
health.
Mr. Wm. Jones, attorney, lived in Cazneau-street, near St.
Ann's Church; had seen the vapour there; it caused persons
to cough, and caused a prickling, sinarttno• sensation in the
eyes. The nuisance had increased considerably within the last
few years, and Mr. Lutwyche's manufactory had, no doubt,
contributed to it. It rendered his residence uncomfortable. He
did not know precisely, from whence the vapour came.,
Cross-examined.—lt came from the soap, manufactories ge-
nerally. He believed:the nuisance had arisen from the use of a
cheap substitute for kelp. Mr. Thomas Stockdale, jun., had
recently built a new chimney in the neighbourhood for the ma-
nufaeturing of stone alkali, which had increased the nuisance.
He had not observed particularly whether the vapour caine from
Mr Lutwyche's chimney or not.
The Rev. John Lyons officiated as minister of All Saints'
Church, in Grosvenor-street, about 200 yards from Scotland-
road. Both himself and cengregation had experieueed annoy-
ance from. rwxious -vapours. Ou the Sunday evenings it was
particularly annoying. In consequence of this nuisance he had
telt it his duty to visit the principal manufactories, and amongst
others he had visited Mr. ,Lutsyyche's works about August or
September in the last year. His first objection., to it to Mr.
Lutwyche was, as a minister, that it was a.violation of the Sab-
bath day, and not only was it a personal violation, Let it was a
nuisance to many hundreds whilst in the service of God. Mr.
Lutwyche said if other persons would join hint he would stop
the nuisance on the Sunday nights.
Cross-examined.--He did not distinctly remember whether
-Mr. Lutwyche had told- him or not that it could not be him, as
be did not work ou the Sabbath. That had been stated to him
at some place, but he could not say where.
William Sill deposed to being a joiner, and having had his
shop within one hundred yards of Mr. Lutwyche'sraanufactory.
He had left his shop on account of this vapour producing ill
health. He had experienced the vapour for about two years;
latterly it was on the increase. It produced a kind of bilious
sickness, and made his eyes a little dim. He had been sick
sometimes in consequence. He had seen the vapour coming
from Mr. Lutwyche's chimney like a dense smoke. He had
frequently got his saws trimmed, and in the course of two or
three hours they might as- well have never been sharpened they
were so blunted with rust caused, by this vapour. Since he had
left that neighbourhood,his healh had been. quite restpred.
Henry Dawson. splrct-dealer, and' lived in Scotland-
road, about three..hundred yards from Mr. Lutwyclie's. He had
seen the vapour in August last proceeding film Mr. Lutwyche's;
it was very offensive, and Made him breathe with great diffi-
culty. On the 13th of last October he was particularly anxious
to get some sample of its effects, and he bought a pair of new
scissors perfectly bright, which he took to Mr. Woodward's
shop in Scotlanfiroad, and hung up in the shop against a pil-
lar. The next morning the effect of the smoke on the scissors
had turned them quite rusty.
Cross-examined.—No other cause could have produced such
particular d6colouration on the scissors. Ile did not think that
vinegar or water would have rusted them in•such a manner.
Re-examined.—'flie rust from water might be easily got off;
but it was very difficult indeed to get this rust off.
Mr. Rust-nm here said, if the cause was proceeded with, it
must occupy a great length of, time. He was quite willing to
leave the case to any gentleman of the bar, who should direct
his client what to do from tune to time with regard to the abate-
ment of any nuisance supposed to exist, and his client would be
quite willing to abide by his dictates.
Mr. COTTINGHAM had DO objection to this, (his clients had
no vindictive feelieg,) provided that Mr. Rushton would admit
that this was a nuisance, and will do away with it.
The Recoil ne.n.—l understand the proposition to be, that the
manufactory shall be carried on in such a way as not to produce
this inconvenience.
Mr. RUSHTON was willing to leave it to any gentleman of the
bar. He would make no acknowledgment that it was a nui-

sance.
Mr. COTTINGHAM.—Mr. Rushton's proposition amounts to
nothing. This is a nuisance we wish to be abated.
ItustiToN.-1 deny it; it is not a -nuisance. That is a
question for the jury.
Mr. COTTINGH AM.—Very well. The case then proceeded.
John Woodward is a corn and flour dealer, and lives about
two hundred and fifty yards from Mr. Lutwyche's. When the
vapour descended, be was not so well as at any other time. It
was difficult to breathe; it produced sickness on some occa--
sions; it caused also a prickling sensation in the eyes. He had
p'erceived the smoke coming distinctly. from Mr: Lutwyche's.
He remembered last witness bringing a pair of scissors to his
shop, and they were hung up for the express purpose of seeing
what effect the vapour would have on them. It turned them
quite rusty, whilst the parts not exposed to the air remained
perfectly bright.
Cross-examined.--Nothing had touched the scissors but the
atmosphere; they had not been even breathed on. •
Mr. John Lloyd kept a linen-draper's shop in Scotland-road.
He corroborated the statements of the previous witnesses as to
the effects of the vapour, and that he had seen it coming from
Mr. Lutwyche's. He produced a quantity of linen drapery
goods, the colour• of which had been completely faded, and in
sonic, places quite taken out, from the effects of the gaseous va-
pour. Ile had kept a shop formerly. in Dale-street, but the
same effects had not been produced there. •
Mr. George Bowes Taylor, is -a linen draper in Byrom-street,
and lived about 500 yards from Mr Lutwyche's. He deposed
to the vapour having the same effect in discolouring his goodi
as the last witness had done, He had the week before sold 36
pieces at half price, entirely damaged in that way.
Mr. James II ammill, sinallware dealer, deposed to the vapour
rusting all polished articles in his shop. Ile produced a quan-
tity of pins and needles which had become entirely spoilt by
being exposed, fora few hours. He was, in consequence of the
damage done to his goods, afraid to lay in a large stock, and
was losing his wholesale custom in consequence• He had lived
in that neighbourhood twenty years, and had never'before Mr.
LutWyche's manufactory was erected experienced this. The
houseuen property neighbourhood had depreciated in conse-
ceCustomers had ceased to come to his shop because
qofit. in the
of the nuisance. •On being. cross-examined—it had not much
affected his health.;. .
Mr. Edwaid Weber, ironfounder, of Bevington-bush, deposed
to the vapour tarnishing all their polished iron goods. He had
some property in the neighbourhood, which he had been obliged
to let at reduced rents owing to the bad smells. On being
cross-examined—the .vapours from Mr. LUtwyche's chimney
were worse than any in the neighbourhood.
Mr. Joshua Tunstall had considerable property imEllenbo-
rough-street. Every time he 'went there his tenants were cora-
plaining of the nuisance, and that if it were not abated they
must remove. He had lost one good tenant a short time ago in
consequence. •
Mrs. Wharton, who takes care of the judges' lodgings, deposed
to the vapour tarnishing all the fire irons in the house, when it
blew from Mr. Lutwyche's.
Several other witnesses-were called who 'did not appear.
Mr. Richard Paine was called to prove Mr. LtitaVyche's iden-
tity with the premises in question.
This was the case for the prosecution. -
Mr. RustiTON, in defence, begged the jury to consider that
they had a serious and important duty to discharge. Many men
had embarked their fortunes in these inilnufactories, and let
them not condemn them to utter ruin hi their business by taking
the prejudice that the business they carried on was injurious to
life and health, and ought to be restrained. His kat nett friend
had attempted to establish his case by calling eighteen or twenty
witnesses, many of them engaged in business, and living in the
neighbourhood. He was free to admit that in a town like Li-
verpool or London, and in all large places; there mast be places
appropriated to those manufactories which are essential to the
trade and the prosperity of the country, and that the inhabitants
on that account might feel some unpleasantness. He did not
mean to deny that this might be the case. It was preposterous
to imagine that they could make a large manufacturing place as
salubrious as a country village. •The jury must be perfectly sa-
tisfied, beyond a doubt, that the vapour complained of was de-
structive to the heAlth of the community; if they did not come
to that conclusion they had no excuse whatever for interfering
with the commercial relations of an industrious and important
class of the community. 'His friend had called a number of
witnesses to speak to the effects produced on their health, but
he had not called a single medical witness—he had not produced
before them a single person conversant in the least degree with
chemistry—he had not produced a single person from whom he
could obtain a single satisfactory answer on any one branch of
chemical science. Why ? Because he knew well from his pro-
fessional experience that the moment he put a medical witness
in the witness box all his allegations would be over; and
therefore he relied on the testimony of certain parties to prove