The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-03-27 00:00:00

!:41' " ::LANCATER,SPRINGASSIZES

.!;,jty'r business of these 'assizes cdminenced at Lancaster, on
iNtio<y last, before Mr.- Sustice' Patteson and M. Justie
Coleir4age=the: former 'presiding_ in. the Crown Court, and the
latter at Nisi Prins. The calender contained the names of
sixteen prisoners for trial,•af whorn six were charged with man_
slaughter.- .The etithinal business terminated on Wednesday
morning, and Mr, Justice Patteson afterwards took two,or three
civil causes. The cause list contained only nineteen cases for
trial, including..the two indictments from Liverpool. None of
tbe cases tried on Monday possessed any particular interest ex:.
ceptiog to the parties.

TUESDAY, MARcil 20.
Before Mr. Justice CA/len:dye and, a Special.Jary.
THE. CHEMICAL I.4IIISANCE.-THE QUEigN V. A iltEi

„ .
This.was :an indietmeitt againit the defendant, Mr: Oswald
Airey; kir hairing-kt.,,t'a•nd niaintaiued a nuisance iu the town
of Liverpool.
coaasel I.r..the -prusecution ,Were Messrs: Cressivell.
Wightmair, and-Watson; lots the defendant, Messrs. Alexan-
der, Starkie, and Tomlinson.
eff be..Ptosecatieu was conducted by Mr. Crooke, the Deputy
Toivri..elerVorLi'verpool;' the'defetice by Norris...
1111-. C 1-LSSWSLL, in opening the case, said he had the honour
to appear as couussliar the prosecutors, the Mayor and Town
'Coutiell,of the borough of Liverpool, who•had felt it to be their
ditty, as the municipal body.governingthat town; and. watching
ever the interests and Veit-at-e'er its inhabitant* to institnte t hese
praccorlings,• :The defendant, Mr. Airey, was charged in the
j.iinlrctraent with tarrying ort a mantifactory which sent forth.
;volumes
,of smoke and vapour charged With a matter-highly
6.ft7,!tiAve, very `injurnitlit 6-property Of alinost-every detetiption,
`Mitre or less affecting- the health, and• decidedly affeeting the
coinfort of all. who :were. ekposed.ao its influence. The mann-
-Ictory in question was a manufactory of alkali; which Of late
years had been earifkl'on to a eery great "extent in the town of
;diverpool,„. as well as-tit other places; it having been discovered
• Itiat alkalirmantifaeluiarl bi.this.process,Was a good and cheap
substitute for baritla or kelp in the manufacture of soap. In the
',41-rOcesses gases of different kinds were 'evolved, which -never
:clientieally rtin ne d with time • atmospheric air. There was a
Union far a titue'; the gases were carried Sometime§
a shirt diStatie.:e,'SOnietimes ftirther off; but wherever they fell
they. prodketi the canto quenCeS whichlhe-jury -would hear de,
thibed by” the witnesses: He would calla vast number of per-
i„ sons living in the neighbourhoad'of Canning-street, where the
efendanfiCrtianittletory was; and would shew.thatwhen the
54's.ritlWs'aslcont.the:vteetward, or north-west, these vapours affect.-
,scettaed.-yoad, Rose-place,: Rose-hill,' Richmond-rOw, St..
atia,,;as,it.ao SboW' that these fettles were no. re-'
.hectors of persons, he should cad A witness. fzum the:house
cfccupied by the Queen's Judges at the assizes, to show that
fiel 1-h• •-• • • • • '' •
r or( s• ips were'by nA gre-ans. exempt from the-consequenciis.
."14 t!rltich -all,-.wituttame.••witYkin the sphereof their-action- were
' iietnntenting,pn the puinher pf-witnesses sum--
, Tncii.ed,. (we.,,lielieve I fos the.prosecution„). he Said he ,should
s,• tiiily'Call'ettough'to prove that this' was a v ry exteiisiie tjui--
;.84"of- and One 4ficeli-niusf be very Severely -felt by•the intrahi
vapitur occasioned coughing,. a difficulty_of breath-.
-seusation„ofpricking about the e.yeS, almost immediately'
on coining intd-centract With it. It penetrated-dwelling-heuks
7-8-116-fili died' firnituii; the doors and windmVs valid hardey,
14 so- Ousel,' as to exclude; whilst,-if the duorsror windows
opened, the house was almost immediately filled •wita. it.•
Allicetals were tarnished by it ;• all. furniture *as
.diseoloured
"4VIt; and the Vegitation•Was deSti dyed. Dyers, draPeri,
halier-
tlash.ere especially irortitiongerS, suffered in their KiiiineSs'
• ;-jtonLits tendency to rust and .discolour _every Ailing- etposed to
Many
_persons had quitted -their houses in cotise--
i;-....luenee, and rents had beeu much reduced in the neighbour-
-1146(E' He-wen call the rit-iirker inspectors; butcheri, fish
inongers, and othere,•.to show-the effect Which the vapour ,prd-
Auced9o all sorts of provisions and vegetab!es exposed in the
market for Sale. should call" the masters of ono 'or that.
.sehools in the neighbourhood, 'who would describe the effeet pie-
' duce&l on .the scholars, and tell them. that any person might
•• trace, a sort of white naze ou the atmosphere, and note the plaee
. 'Where it:fell; that they had 'seed it entering the school-room,
-a
nd' almes't every pupil' iu, it beginning to cough at the same
time. How could they.doubt that this was a nuisance? 'N,Vliat
uPswer could his learned friend give to these. statements? It
'400,1 ba said that Mr. Airey was not the only manufacturer of
amid it would beSald'that Mr: Airey only committed a
';acct of -the nuisance; but- he should, call witnesses to say that
'they-had seen this. white. cloud. in the .air—that they had expe-'
11euced
.all the. sensationa.dascribed—that all the effects men-
• 1:0,.ed lad been produced; and if it were asked from whose
,this vaptiur came; he- was in a condition to prove that
. it istmed directly from Mr.,Airey'f premises, IF Mt..Airey.did
4(4 Pru,-fiace all the mischief—if. there were seven other
.spirits
"IS:wickail as himself,--still one perscn was not to be allowed to
his neighbOsit's becatisa -others were doing 'something of
itte,sattie,kindliethWie, life was half extinguished 13V one nui-
'sauce, it was not to be wholly extingished by another. Theycould nod al J,e igelualed .in
one.intlictment—they. must be in-
.")_.,eted'OUe bytine,-and
,that the, prosecutors had thme. lie
would iroi detain Mena longer' in' the outset. Heivould call
'witnesses to pro-ve .the.-case, stated; he would call scientific
•:"..atistsao prove.that.such of must escape wherever such
4,-,2Pituut•acture was carried op, and
.then he trusted the jury
wr'4ld lie of opinion that it ;taus high time fur Mr. 'Airey to re-
itrAgclift,WOrki etsewhere.
.164 z -411)1w : Loga.a eX ana irked by Mr. WIG ti TM A N :—OCC ti pi ed
eaveneersaw-finalsin Naylor-street, and lived in the yard.
-;415...w Mr. iiroy's.Works. l'hey were about..l3o yards distant
hthi• f4eii a'whife,Vapdur rising frOni the
"14'.'•'!It--Came 'into the house and saw-mills. The effect it
e.'.4".'i-,,'4P‘)4.hilat and his family was to make them cough, to make
salt,-%.er„,spre,, aud OCea SO a a nausea in the stamach. It
ae,SaWS,in the mill directly, discoloured furniture, took
t,4;7tbiiiAsotf'paiiit, turned fenders, fire-irons, -and polished steel
I,74trador.ust biack, cut•into brass, and tookihe prints out
of
You,. goods, citrtaina,&c.
..Llaabinuticed. all these at-
- ,
•s▪ corvinrid hundteda
e. is tr-iIE4-:ekatiiiiied;at :very great length by Mr.,
ri ntiVally.fbrthe •purpose 4140 w ing that there
amber:of oitierawarkeremit•titirsaioke, anti 'occis'
• tht,tr anneyances, both inahe immediate yiciuity of the
• ti ant'S'works Lind in that art of the town miterallv.
7 • - •
• aed lyy Mr. CA E&6O ELL.-1 Vapour from the'
• "vnrks- was -n•grettudSti ,worst than all the other stnokes
• e•et.
16!. , •
• George Pym, Sctitland7road, gave.rimilar testi-.
to time effects the•vapour on- himself-and otherS, and
articles-oh " - .•
444 Greetkain, examined- by Mr.. Crittsswaaau...—Was• a
-4911yra•• 1 eau *ad trtille„ for alanulaciurioa .lieur in 'Naylor-street,
/..151,9'194:1Ar.L10.4%) Ha'd house in.
-tfand,road,
eleep-fhete. Went tit a hetise'iti'tlia-counity -fOur or
- ,c,Z4 tes'nif sleep sold', on account of theatnnoyance .he re-
, .tirl';i°'-'o'43t. the alkali:wtiolcs, which spread iteelf.into his house
,th,,,a;,P,ie whole neighbouihood. When the:vapour :penetrated
it destreyedifie wires the machiuery. Had
iruugrit specintetts the-Wire. .•;I,The:wittiesa produced-three
,X,tTunens of wire. The :-Erst, whi,ch had
.been wrapt p in ,pa-•
rr, wars bright and free :From rust.; the second, which he had.
unkr uo-.for a week at dikefrense.ni• the otruntry uutside-of--the
• ui<it)wi was nut discoloured; and the third, a part of which had.
47a:covered, and the Test exposed to the action of vapour tor ,
week inSi'otland,roart, 'siteco'ioded in the
exposed part of it. -fie also produced a piece of•wire'Udtt•ze,
...Ntitt•.,4 had been exposed, in as similer . way, from Tueeday tilt
tlurcjY, itt Sem-land-road, aud.,which was so rotten that it
-• .ICd not bear handling.] ' lie droVe itAtitown in the'tnoritinge
-211-aa epen vehicle. Lila harness was bears -mounted, and he
star tea with it pretty well burnished, its a dual& ot'c"urse*
Qu
e toad he fiequelKly:canie in contact with a cloud of th_e unite
'which chanoed the.coblia altitost immediately. kle had
• if ituite•brtght at Everton, anal in five tninutes-afterwards;.
""forehe reached his shop, it was.•tarnished arid diseeloured
WV. ilea the wina was 44)rat direction, they were frequently
• ntiliged to shut the flop clout's •aud keep customers out. S oine-
tillkeS tl-...1•c uStentera,could hardly speak to tell what they want-
ed coneequencemithe,vapour.- He had a house and shop
in
'''',"‘lnw-street, close belt/incline one he occupied, which had let
-.for i:2l a- • • • d 'nee repeatedly offered it for VP....and .
) ear. ela JO
.:0111(1 nut 'lit it. The otojectia'-u to.it was op account of thealkali
..'workS-; :'•-• • • '
Mr. James, Hartle}, •ticeber, dealer, Rosehill, gave similair
tes-
that hies mother had been obliged to reduce
the rent of a house in lieau:street,..a,bept half a mile from Mr.
. Atrey'S WeVka, cnasequesice of thelen'aut:ii•complainta of the
Iti','Ekirta ' ti'a vapour. , = • . •
Mr. James Davies, silk dyer;7 Scotland-road, produced a
004, which ;hp had_ litiaLg.up to dry
-in the c‘peti
ai'iWrt.pping a hart of it roundthe-pole.' Tke part exposed to'
•ihe'vhpour was- uf-a-4utiish red ed:oitr,•whilit the. rest 16s'ats.
exte:.lecit black. 'The witness reittnested-the-inq to examine it,
•: ant', -6*(14 btlai. if they put .1 he-red part ,te • the; Hips they woubf
that it wastinptegnatea witksalt, ,lie produced• -ther spe'ciinren of black, past ad which, afte.r a few hours' ex per-
su re to th-, vapour; Ma lieen turned blue. 14 (it bev:u
xpes,ed tn so attach' acid. His family formerly lived at. the shy.
(..etlatid-roact, but above tw lve montlts ago. he was ohl.gect
• -to riAnciiii&;iii'cO6eciu'euct'aihe 'annoyance from the
,'„--K•vttas.
ali
,-. . •
in Bur'ineton-street, t b
it the a vtit
►and.was
very
''inch
an
thr7Witid-set 111 that ilirvction It
0„f t.& cfr t his-wife wan l• •
v.(6ItIIAVIY'Ia Dr. Pales, Mr.
g, par-.
o. • trtetyled tier, he had sent her
(it4Y andorelj)futri.l °on' Dc
['Z. el
Oceasionaflraffect-
.,:.7n.,.:. h. veryi.ems,.i ties elthiiiettis:l.l f
the
7aapdo'tt
fill ti
17.1'.ireoe
grates,,l be
3. t 4 IllatileD as the former..vir • C.
Avco.ir anfl. Was 6tllicient (q .do :llie Uiiscttirl', slid that his
milt ib,iii,..uit,n.lipik4 as if it had Imen I
in
con ineetz en tf
tvhi he
vgreasy
;
water,tiestreaked-with.idaick lead,
';.:lf it •caught white paitit it took the gloss of and turtril
it -far gas Were about )..
,tut thittlc tliat the-effect on the daoUogrardisdrtrietuphro"-
•c4,cit.ltgiatrmnT Slit- chesiuecal
•• r.'1?....Ne !son, 'master of the Nt.itii:6; rt oation «School, and
Mcrris, teacher of the North lilatrtthechool, testified to
stehlevestand their,
tit i.:4 prOduced by the vapour to
••1•1-i:o;ar,i;. and also toits destructive effects ottu
the. yard, Which adjoins Mr. Alireny'lli,:hne(i-

ilk"Agrik •
Nead.rton, keper lodgings iti A

.. .nue-
-4
Ailrfa- Tfraiii,()4,4'the "eirectT of the vapour on grates, fire irons
.i.t 41.9ir .:;.! forks,• plates furniture, &e. there. ,
hland, haberdasher and hosier, Scotland-
-1:114:;' r
i;. -4
-I,7,4lrdti,:aehlaurtrien!s market,--described the injury
. which the
v11.9,41r0inl 30 lain goods. atitbl.exhibited specitnens of thimbles,
me discoloured and rusted after
-43
"11lit.,..*4._eViy.9.e5te4‘ ‘e
,which
ibecame
had had the management of
..
l'a‘';irtio'hir,-..cl'obtereerjna iiinlat slop,
tCihe r pert of the town, and never saw
4to lira nttbe ki,itid deefore. .
i,%14, • • •
-Liuro.oyne, R.N-., residing
_in St.
,i,,1/2"l4..444eilerii'k Wi_ta' l'''
the j ulg,es' lodgings, de.
'.1.-i, meet, next dear out,olle to :
.4n(,,A
_,q‘,44l,;,e...,efectg of the vapour on gra
.e..s, brass ornaments, 'lke.,
4-1-4%*;51,144,‘,viat, tits .the'imeeedttig witness, and stuted that he
~ - •
waolit,t4i,pd.,o.keeplcutvesi. plate, &e..l%iv.rapped up in le.ither.
' -170tsiSisig.'Artjen,. but at wits of-no tree; . is attention had been
,neti.,4,lf4 In thg effect of ttlite.Na,.pcwr tin vegetation in
ha very
jimidxttrhae-
''''itil 4. WI he ,came to the house, he *
' 411':Ei441''''.1%
'..
tea
I i to *iave been one of the.
ere-4,;."ra'hpiersh.
''':'-'t.-rvellit3llltas IS 4rl,4ll.p.tikt'iral.a: t.4'3'eliei.. st-ntniapP4-'iliellEtet oij vine- was .t h.
I I:4lSitlAsiss,sgo.„had produced an. itnuietu. s quail:o_ oirt, rai,,..hes,
'-10.'5;t111,4,4xn lot; eta outer stumps ot tlitte4,,turrat
nit,
' n''.4-4r4iillff4V;it aiti,(l4'ivi, "r Pr4auci444 44
1 i -.
'th. it. for,
Ailing' lie was
teit4/0 .2
, wcsi ,:t ,t, whether' he could do ivil'l•‘•tig. 'lll
,x_.,
it,4l"lak,a l- • h I 1 f 1 i4w lie ,weut to an '
itlat‘ rti, e,,was.. iitt( o gar( en ~..
‘,.` t.,,514-toit6:39i,iii for seeds and other Iltings. Whilst the wilt!!!
44(t)Ilit ea4th.or,west. he fount' the peas coming &p 1'',37.1:44..
. fullVlbt9 UkkieJt so. tliat.he went to a neighbour, sod said.' " 1,.,,'
~
,trk,:k to ine, aliol,t these chimneys: hut it's all -noinien ...
- : -,•'Fitilitetr)2l;.ext eveuinv Ile eras ;If ii;a g (Mt ; 'he Aiponed!sP,
‘ : 7,C, al:111 C ' .' ' ; riL, he *I id feel the V a Doll C in a ro,:at dreadvi,
it..l.'"' -' -' - , Goliged to shut the door. . 'Oil.' fI,V c I. 411 e le it
'',-Zfa-t..ll''' - ;'.... 'O'er.) ' Now 1.• will tsertivilat it•teet tit's 1,1-44
4if'''..!1..,,,4,.,''''' '7.''t 4 ZVI
.114,,,11 11) V 1, eii ttti tg' 1 ,•:,-112-5?.13. 7, ::(44k1,,tthea,1:r,.2;
• I, F.,, ...5.,.! 'J.. ; ./1,,t I, i.,,,1, LI tul •tLry.;100k.T.0t,0z4e.'iv,4+33..4".-''''
1. '''t'l ''''l',l4-fi', ~,:, t,,as.f., Titlit%U. iht.u.xzbith.4l-fW“ry?anitiug CV' ITO 'St
..!"*J6litUy.-.1 in': ,:tii before,. Ili-Aitot:irrlut4 two orrthle4briranpts .'
r • 1,4,1* ,1.1'6•'4 ,ficiti..iiltsti,'4it xs4.),4*.rthidiliwibeir 00. it "p-,
':4" wiltt.l2/t4_,l4l)l4tAtiF'ii*Wiiierifhaielflittllpri keshitivaLtive irtne wag
"'4l"-14`'4 tritthe niultitirk.,:,:- •:"..4,4-4,151,-.lr.sLiel In Vik•,.
-.----- - - ' - -

• • WEDNESDAY,.IIIAVIi72I. *
THE QUEEN U.
/If the opettitig of:theCourt this morning; Mr. WIGHTMAN
Robert Grose, the superintendent of St.. Martin's Market,
who stated that the chemical work 4 of the defendant were about
200-yards distant from the west end .of the market. Had seen
the Market completely filled with-the white vapour from Mr.
Airev's works, when the wind was in that direction. Had seen
its .effects on•ateat, fish, and vegetables, and heard many com-
plaints about it from butchers and others. It discoloured meat,
and made it unsaleable until the outside had been pared off.
'l'be vapour rusted the butcher's saws. knivet; &c., and also
the hooks in the market, in a very short tithe. It also dis-
coloured fish, rendered it unsaleable, and withered up vegeta-
bles. .particularly tender cabbages. itecolletted the vapour
coming into the market on the 18th Deceiriber; and again on
the 3d January last: Could trace it distinctly to Airey's chim-
ney. - It. produced the effects which he had. described on the
tneat,,fish, and vegetables exposed for Safe.
Peter Campbell, the market con Stable at St. Martin's, gave
testimony to the saute effect as that of the last witness.
Mr. William Hind, a butcher, occupying a Shop in St. Mar-
tin's Market, described the effect which the vapohr produced
on his Meat, saws, knives, &c. It discoloured the meat, turn-
ing it of a darkish colour. He was obliged to pare it. It rusted
his cleavers, and knives; sometimes in half an hour, sometimes
in tWo:'houis, just according to the thickness and strength of
the vapour. Sold the outside parings at a great losS. If he
were selling the meat at sixpence a pound, should sell the par-
ings alTonipence or fourpence halfpenny.
• Mr. Jolla Kirby stated, that be was almott the only fishrthirt=
ger left in St. Martin's Market. All the rest had ran o, ex;
cepting bile oft,
woman. Had sold fish there ever since the market
was opened,,aix -or seven years ago. All his neighbours were
.Stunk out. Had Observed this vapour coining into the market
tob ofte64."' It came itr.olten, and was quite dreadful. - It very
High-roafited.fresb fish. (Latighter.) After it, had been pretty
well seasoned with the vapour; it was not saleable at all. "When
the quality cotnes;:" 'continued 'the witness, " they say, how
do.you sell ,our fish 1 tells them... Then they say, It's not
fresh.' \Veil 'says I, its because of the vitriol.'
(taughter:) ' Well, never 'mind,' says they, I'll wait tilt to
taorrow,'7,and so -they leave the.fish to perisli." (Much laugh-
ter.) Had put wet cloths over' the fish to protect it from the
'vApour. There;was a Welshwoman at the door I when she saw
the vapour coutingcsile shouted; out, " John I—vitriol."—(much
laughter)-z-and he inamediatelY put cloths over it. That was
when Mr.'Airey was giving sauce to the fish, andlave it ton
strong. (I..,attlillter.) The vapour-was id strung that it would
go through the cloth. It also covered his scale beams With rust.
There Useeto be abOtit thirty fiSh-dealers in the market. .He
now hiAttoarnatropoly altnost,eatirelv to himself. It had taken
then-all urX,bn,t, one,- Mr. Ailey had too strong a breath for
LdWughter.) Dealt is oysterS. The vapour jaw locked

them, .
The .rnooe.—"Wha:t rjti Yon mean by jaw-locking an oyster ?
Dees it give them a locked-jaw ? Witness: They open; and
can't .ciose.againlor the vapour. (Much laughter.)
The J_nprix.—Then 1 suppose the vapour makes the oyster
open of itself, without a knife ?—Witness : Can't tell, my lord.
BY•Mr....Winicrstats.---.Have-- you ever traced the
.vapour to
Mr. Army's chimney?-:-Nes. Has it any effect on you?—Yes.
'What effeet•?-ItSets me Coughing, and makes me setup tuy
back.likeliimisoned rat. _ (Laughter.) _ . •
Cross-examined by Mr. ALEXA NDER.—A poisoned rat sets
up its back as high as it could get it. There was onlY one other
fish-dealer in 'the market, and the bottotri of her. pocket was
nearly bare. She was not a witness, and he was ,sorry for it.
Cthild ntit.l6ll Whether
.she Was ill or not; she might be tipsy.
Thottg,hthtlitti-C verY.likely.' The oysters were- jaw-locked with
the.vapoar„and enough. it killed them. It killed
lohsters tob.*lt set them 'frothing at the mouth and killed thern.
The- etabstittltd not-Steal away either; it killed:them too. Did
not sell. perviwirikles and limpetS. lint supposed it would kill
theM tin); There had been about 30 fish-dealers in the market.
He had stood them all out except that one wbinan, and she.was
as tough.as leather.
Mr. G.l"-folden, inspector of markets, formerly a butcher,
and- Mi.;--11..1-lorner, butcher, Scotland-road, gave similar'tes.
timonyas-to.the effect of the vapour on meat anti other articles.
Mr. William Taylor, Mr. James Gill, Mr. T. S. Barker, Mr.
Daniel 'Brook, and Mr. James Wood, surveyor of buildings for
the northern district of Liverpool, proved the depreciation of
property
_in that quarter; and attributed it principally to the
vapour frnm Mr. Airey's works,
Mr. W. Gregory, pawnbroker,Ellenborough-street, produced
a silver tea-pot, a set of lire-irons, and various other articles.
pledged With hiM, which had been rusted or otherwise injured
by the vapour : . .
Mr. Thomas Atkinson,inspector of weights and measures,
'slated that at"the •beginning of this month be went to the pre-
mises•of Mr. Airey fur the purpose .of inspectiog his weights.
He Asked Mr. Airey bow he accounted for the corroded state
itt which they•Werevand whether he thought it was from the va-
pour or gas froni.the works. Mr. Airy said he could not ac-
count for it any other way. .
' Jahlei•Caltiurne, principal turnkey at the Borough gaol,
spoke to thereffects.produced by the vapour on hitnself and the
prisoners in the gaol, and.also on the vegetables in the yard and
garden.- ' • -
Mr. George 'Rogerson examined :by Mr. CREsSWELL.—Was
a surgeon, anti lived in Duke-street, Liverpool. Knew the nit,
lure of the business carried on at the alkali-works. The ina-
jority of thentirtamifactured-sulphurfc acid. In the process of
manufacturing, sulphuric acid gas. called muriatic acid gas, was.
generated, anti sent up the long chimney along with the smokC
from-the furnaces. He had performed several experiments in
order to ascertain what proportion of muriatic acid gas mixed
with the-iiir'etild be Salubrious. Had first tried it in'aconcen-
trated :state. ''On the immersion Of a grtiwing plant into-it, the
leaves were withered and curled. up, and the plant killed in a
few minutes. It destroyed the branches 'and trunk of 'a young
myrtle tree :in ten minutes, and succulent plants somewhat
earlier. -He then tried the effects ofcurrents of this gas coining
'in the same way as from the chimney throligh the atMospheric
-air,' and fnuild-•that-ii was destructive as well as by immersion;
.b,tit not He then tried it in a concentrated state on.
animals, by immersing mice and birds in •the,gas. He found
that the animal, immediately on its itninersinTh panted, anti
•respiratinkbitc.:Jitn#extretnely difficult; the covering of the eve
.was,kompjetely "destroYed, in its texture, the animal. becoming
blind, and' ifltimatqy expiring' in consittlsiotts in front ten to
fifteenininuten :Lie then triedthe effects of muriatic gas mixed
with yarious...plaportio,ns of air, anti found that one part of mu,
riatie iicid.gas mixed ivith five parts of attnespherke air curled
the foliage nt-Vrowing plants, quickly destroyed the leaves.• af-
terwards affect no..the branches and trunk; and, ors removing.
time plants into the Pure air, they never recovered. Found it
equally destructive to animal' life He. had made the experi-
ments with varions.proportions—always with the same results
excepting as:to tine, and found it prejudicial, though not de-
sffuctive,, britlitto"plants and animals, up to the proportion of,
one part of tneriatic acid gas to 1000 parts .of common alma.,
phericajr. Cried one part to 1500, and found that it then ap-
parently had baTeffeers. Had-inhaled the gas himself and
suffered severely from it, owing to its having escaped from de-
fects in the instruments he used in these experiments. In cori
secieence"Of inhaling 'the gas, he suffered inflimination of the
inner membrane of -the lungs: anti from a smarting of the eyes.
The gas was of,a nature to affect the mucous membrane along
the whole tract-- Had seen the specimens of rusted and cor,
-roiled articles exhibited in court. The gas in question would
piisolifee that-effect. in dyeing articles it would convert vege'
table blues.ilvto;reds.- T The impregnation of the air with muriatic
acid has was decidedly injurious to the comfort of the inhabit•
sots, and decittedly prejudicial to the health of persons subject
'so oeffeetioo4;olthe mucous membrane, covering the eyes, or
,errtering into the lungs, stomach, and bowels.
r. G. Webster, chemist, Mr. J. Cooper, surgeon, and Dr.
gaue corroborative testimony as to the effects of the
gas on -vegetalile and animal life. - I
Ahr,•Aa..Eis.rstiosa addressed the jury at great length for the
defendant, conlendiug,on the one hand that there was, no, evi-
dence to injuries complained of were occasioned
try the alkairunit'sd.tilyor even principally,—and, on the other,
.thattite nosiness. was -one of too much importance,. both to the
itubvicinals.ingaged in it and to the trade and manufaCtures of
the County-generally, to be putdown merely because a feW
the.neiglitiourliood suffered, or fancied. thatthey suf-
fered,;sinne slight iuconvenience froM it, because they saw the
voafhepctru, garissestsis,._tignm,?tere ipiv
olu taiheiou,
.chimneys of the alkali works, whilst
and which might be the cause of
all the tnischie?,Coittplained if, werequite invisible.—The learned
gentleinao ettntd Ito witnesses.
Mr..Justicecougut LIGE said that the doctrine of the law with
respect to ;
nu"ces was this--A nuisance was not that which
was injuriouiio One, -Lien, hr threepersons Only, but something
to the neighbourhomi.,ln the next
ylace, the initirv'erust not be an ituagisgary one,—but a suhstan-
eitii4Wpeisinforproper4 y,,bot Win nature antis Mount.
It must
."itiVtr'irkikiti,l4B4.ll>life or obnoxious to the sepses. It
was not necessary that health should be seriously injured, in
(-rider -it,' eitristit4e'it- =-lint it must be a stibStant ia I in-
jury to itealth.,- or. a substan4;3l: oirenoe,n,the senses of the body.
If it were an Injury to pro+, must he a substantial injury
tiontrihta.tthaelsi. 'Mho; ns
niters; be cot-nth-wed that, he had oceasioneda sultstan-
-orderttrb:' tomtits r.'Aiiey on this indict-
jtuiarlyititujuirhyeitroliilelliiir,operty of his neighbours,—a substantial in-
' It
*0 not
net,,,,1tm.,.y 01'*It Siliastantial injury to titeir's'enOs•
utncient if that it should' amount to all three;- it was
beiatisfiekl that ill
.it--litottnied .4),. In the next place they must
- e- 'Outsell-6e 'was oneW Melt had grtiwo ttp within
few' Yearsi-aotti. hot cam! in which the. neighbourhood had ac-
TneSced•
in ac
the third place, they must be satisfied that
Mr. Airey
tas'i'etift'i:ti4ibleelitter in the whole, or in „part, for
the Ncuitiariee.. If -Mr. Airey only occasioned a part of time
nuisance,. healvg bgt,e,spopsiftle for his share—others for theirs.
TPeY Most be itTaii..ed one,'-14 iliiitVasthedniy way of
gtettstig at tbehil;,iliey42otild not all be included. in one indict-
orient, since thay,were„ntit.engaged in committing a joint offence.
If A was not to be t-onvicted to-day, beeause others were com-
mitting a.sintilßi•offentse, then B could not be convicted-to mor-
POW, because &was.not convicted to-dav,,--and the next day C
could not be cOnvictedhecauSe A and- B had escapkl.- If A..
committed aYweit of the: nittsance,.he Musthe. responsible for it,
and go with Merl hers. .A fter the evidence they had, heard, they-
valid hardlytlonbt that the injury occasionedin the neighbour-
hoed was a anis/thee inl'point•• of law. AS tnthe Hate, it was
.adraitte'd ou,aili'haod that this was a trade Which had grown up
:Within the,last few years, And therefore there was within? 'like
what crauld beeV'dlfecl<atl ailiiieseerice on the pact of the public.
'There byould, tkterefore, he no oitliculty at to the se6nd 'point.-
. As to the third point,:the jury would have to say whether Mr.
,Airey confribk9tfit'hii share to the nuisance, if the alkali works
were a nuisance. The scientific witnesses had,ail agreed that
muriatic gas.,weold produce all the effects described by the wit-
nesses in this Case. • It' appeared that other gases produced the
same effects ; and-if the matter
.stood there, they. could hardly
proceed to a verdict ; but the muriatic acid gas was traced in a
white strearn'Of vapour to the places where the injury was
,pro-
clnced, and.
t-hesses. the, had the concutrent,evidence of the medical wit-
nesges that nikiriatic acid gas would produce, and did produce,
all the effetsts ascribed to the ,vapour by the non-medical wit-
The question was not now whether the annoyances in
De neighbOtrishood p'roceeded in some degree -front' other manu-
factories• hutstietber tbe alkali works occasioned a part of them,
alit! whether they were injurious to the health, comfort, or
prti-
perty the iolaitants.
• The jury iefitetiat .halrpast tive.o'clotk- They returned in
less than tag Inintit•es.With a verdict of guilty. , •

THE QUEEN •V. STOCK DA LE. •
inapqaeturei.sand soap,builers,
Town-council against Messrs. Thomas Stockdale atitt Son.
This s'ia a THE
indictment preferred by the Mayor and
alkali
in Canning-street. A
special iitry'• Was summoned to Ire it, and the coutisel,were the
ssime as those:en4aged in the last case:
11'. CoLittu.GE also asked whether, with the same
,Itidge and
_Linty the defendants could expect a result different
fri`tl!,that atrthe ,iUdiettnent.
Mr. Altiusantrair -admitted that•he could not hope fit'. a dif-
ferPnt ".-staf, '411141 WAS direction of-his loid Ali') the jury returned
a Vocritifl Mir letribPF.. •
1.40401" bin. 4**, Ans auttiitm for assault and false itnrrrisonment,
maws dried acheititatavl4, tutlxich- .tertninated the business ut Lan-
imam

rariElelt,Tat 75EirPowlsrfri.411,1,11.--:!l.n.e Chief Justice of New-
itas frit it this. duly r‘o lecture the 1. Oman catholic,
bi.‘Suif,)„ npfs.n'lheihrrprnprieiv of ra wing op 'a will r
,thrrstir IMAM, 4,v -whiar will 'he hiutself to succeed to a
~Inal4eftefsta&rf pr.operly. The consequence has been a series
most unjasliti:thle attack* tipo4 the Chief .Just.:ce` by the
• • •
„ • _ - - .• .

LIVERPOOL.SPRING AS-SIZES.

CROWN COURT.---SAToRDAy.

Mr. Justice Pattison took his seat this morning. a few mi-
nutes before ten o'clock. He• was attended by the sheriff. The
court having been opened with the usual formalities, the names
of the justices of the peace werssalled over; subsequently the
mayors and coroners within the southern division of this
county. The following gentlemen were then duly sworn on the
grand jury.—
Hon. CHAS. WM. MOLYNEUX, Lord MOLYNEUX,

of ToxTETit, Foreman
Sir Henry Bold Houghton, hart., Bold Hall.
James Aspinall..Esq., Liverpool.
Peter Bourne, Esq., Liverpool.
Thomas Bright Crosse, Esq., Shaw Hill.
Wm. Wallace Currie, Esq., Merslie.
Win. Earle, jun., Esq., Liverpool.
Paulson Ellatnes, Esq., Al!erten Hall.
Jas. Hilton Ford, Esq. Rainford. •
Benjamin Heywood, Esq.,
Claremont.
Michael Hughes, Esq., Sherdley Hall. •
Win. Ford Hutton, Esq., Hutton Park.
Charles Lawrence, Esq., Wavertree Hall.
Robert Josias Jackson Norreys_ Esq., of Davyhulme•Hall.
Charles Orrell Esq., Blackbrooke. •
Shakespear Phillips, Esq., of Barlow Hall.
Stanley Percival, Esq., Liverpool; . •
Rathhune, Esq., Greenbank, • •
Nicholas Blundell, Esq., of Crosby.
Charles Tayleure, Esq.,•Parkfield, •
Charles 'Tempest, Esq., Rixton-
Ilutnphrey'rrafforil, Esq., of 'rrafford Park. •
Win. Gerard Walmersley, Esq., of Westwood.
The usual preliminary proceedings having beetii gone
through,
fHis I.oapSiiir addressed the grand jury to the following
effect:-,-He assured them that it was with considerable pain
he had. to address theta on the duties which 'devolved' upon
them. The calendar was,a frightful one. Besides nineteen
cases of death which were_ to be brought before theM, there
were •several_ others of cutting, stabbing, and wounding, to do
grievous bodily harm. Of. the nineteen cases in the calendar,
six were set down as murder;, but of the cases depotnlnated
manslaughter there were two, he thought. which would turn
out, on examination, to be murder, and there was another'case,
not -mentioned in the calendar.,. which would probably tome
under the same head. He then said, 'that however painful it
might,bc to their fee/iugs to prefer, an indictment for a charge
if,proved, occasioned the forfeiture of life; instead of one
Which was not penal, yet it must be recollected that,thc pritixcs
tion Of the lives of her Me-jest:Om subjects,ivas an important
diary.. Some eithe cases M which lie had. allude,' were fur what
Were termed kicking and punching, although there were not
many on the present occasion: It was a featful,thing that such
a barharOus system should prevail in any part of the country.
He. had hoped that it had been nearly dune away with; but
such was not the fact; there had been several cases of the,kind
at Lancaster. In one of the cases which would come 'before
then, it appeared that the deceased himself had been fighting
in the same fashion, so that there was no reason to suppose that
the prisoner had taken any undue advantage—he had acted-to-
wards the deceased as the deceased had acted towards him. But
death was frequently the result of that savap practise of kickinx
an antagonist When on tile ground, and he declared it. to :be his
determination, when a case was brought borne against any indi-
vidual, to punish him with great severity, in hopes' that such an
example would do something towards the extirpation Of. trrlrtt4l
and disereditable a system. Thegrand jury were most probably
aware that the laws with respect to murder and inanslaughter
were not affected by the act which was passed in the last session
of parliament, but which did not come into operation until Oc-
tober last. Manslaughter was a crime which varied most in the
circumstances with which it was attended. Sometimes it ap-'
proximated very nearly to murder, and sometimes:: it was of a
character very trifling indeed. One person might strike another'
in ,the heat of passion, and falling, his head might come in con-.
tact with a stone; but there was in that case no inteution what:
ever to do murder.- According to the lames of the laud, murder
is defined to be an act of homicide committed with malice `pre-
pense; and it was also most distinctly laid down that all homi-
cides should be deemed to be malicious until the contrary ap-
peared, and it was, therefore, incumbent on the prisoner, when
placed upott his trial, to show the real nature of the case. .oe-
nerally speaking, circumstances of extenuation did arise in the
Course of the proceedings. The circumstances which would
reduce a case from manslaughter to murder were distinctly
stated; of those provocation might be mentioned, when resented
at the time; but no provocation given at an antecedent period
could be admitted as an extenuation. In fact, for a case ofhe-
micide to be so teduced to manslaughter, all Me facts of the case
must lead to the conclusion that it was not the result of a cool
and deliberate purpose, but was the immediate effect of the angry
feelings which had been generated on the spot and at the
moment. Now, there were one or two cases wnere the whole
cause of provocation consisted of words; but words Only were
not deemed asufficien,t provocation ; tey would not reduce
niurder to manslaughter. But when the provocation consisted
of a blow, that was sufficient to do so, provided time weapon with
which the provocation was resented was•in the hand of the per-
son at the time. There were also cases where the nature of the
instrument or weapon with which death was inflicted would
have the effect of limiting the crime to manslaughter; if, for in-
stance, a person was to strike another with his• fist and knoek
him down, so that the fall and blow should be fatal, that would be
considered as manslaughter, for they could dot frbitt the facts
draw the inference that serious injury had been intended. There
Was one case which' would come before them, in which time
pri-
saner stood committed for manslaughter, where the whole pro-
vocation consisted only of Words. The deceaied had merely
remarked to the prisoner, who was
.quarrelling with his, wife.
"Are you not ashamed to behave in such a manner?" on
which. with some sharp instrument, he inflicted a wound (in
the deceased, which' severed the' carotid artery. They had
also the case of a man named Davies, who was quarrelling
with his wife when in a state of drunkenness, (a great many
offences were committed by men when in that state, but
drunkenness was no extenuatien—it was rather ate aggrava:
lion,) and then seized hold of her by her clothes and knocked
her on the ground. Though she was six tnontlis advanced iu
pregnancy he also kicked her most shamefully .when upon thb.
ground; and that was called a case of manslaughter; but,lf the
facts stated in the depositions could be established it was a clear
Case of murder. The, next case which
..he should notice was
marked Nos. 8 and 9 in the calendar, where a person named
James. Walters was said .to have been killed by a cart rusting
over him; that seemed to
.be a case of manslaughter. It ap-
peared, however, that there had been three carts running rates,
and if the accident could be proved to have occurred through
negligence then it was one where severe punishment was
tnerited. No. II also appeared to be a case of manslaughter,
as did that marked 21, where a constable had beat a' resistirist
person about the head with a stick. The next, Nos. 28 and 29,
was also a case of manslaughter; but he did not know whether
there was sufficient evidence to implicate both.. If the act was
committed by may one of the prisoners, the other had probably
assented to it; the case was somewhat ambiguous, but thee
would no doubt be able to pick out the truth. No. 31 was
case of manslaughtet, where John Whitehead was ailedged to
have been killed by Joseph Charnock. They had disagreed,
and had begun to fight in the savage way peculiar to a porthiri
of the county ; one main knelt down, and, while he was kneeling,
the other.seized hold of him and broke tine of his ribs. He then
wcaornti
led to
findN To• 4n2e, acno
no tt hraetri
itclaosrey
eott:
idence. u gNhot, Inser46 a nwd.h4k7h
they
s a
case of manslaughter, which should undoubtedly be preferreu
against the engineer or the person whose duty it Was to keep a
look not, though. who.: that was did not appear to be-certain.
No. 57 was another case of manslaughter,
l
one; the death hail resulted from a blow in fighting,
no e
peered that no blows were struck except
iiegdanitoellil
fighting, however, was undoubtedly
caser
heen n.ethitai,tgi included hvei
having,
leeittthdearr,had
o f
througha
Bence, caused the death of a woman iii it was
left to,thetri whether it should .go before a jury or nut
neared that the medical man had been in the habit of * It ape
upon the deceased, and it was said that, when first calleda"ending in, he
had administered medicine for the purpose of dela •
partu-
rition, When, as other medical men declared, it
.11111 V
my to have
been forced. lie, however, had distinctly stated tirl
that he was elsewhere indispensably engaged, and-advised patient
if necessary, to call in another person and not to depend'ed
him. To this the deceased had an objection, and deathherll'"
the result: If the person accused had not attended his wfis
properly he was undoubtedly amenable to law; but, it I patient
properly
trary was the fact, he thought that the individual Ought' not put upon his trial, because it would he a fearful thing ifotidor
• everK failure of medical skill, aJnedical.practitioner were-
' brought before a legal it ibuoul. It appeared to him that nettlm 't
could not be attributed in the present case, he had
distinct
• told the woman he could hot attend Upon her,and A
t
• cireumsantes it was • • - -
very' questionable whetheeheought to he;
put upon his trial. Ile therm came to those called reu r Casei •
of which Were were six.. Under that head should have
-placed the case. of John. Hyatt,- who was indicted • r
slaughter, hut he thought. it quite elthat • ear a bill for murder
should be found; there had been inflicted on the deceaseh
wound with-a
sharp instrument, Which had severed the carotid.
artery... Whetherany -thing could be foutedfirt3t4e.evidenee to mi-
tigate it, he could not tell, but the case seemed to fall clearly with-
iii role he, had•taid=rilovia in 'the. distinctibe'whith he had
-drawn between :the Awe offences of .inauslatighter and murder.
140: eio related to a flew-born child; but it could not be consk
dered as a case of Coneenlioent, beeause by that the 'act (it pat-
lianment meant the secret burying or otherwise disposing of the
dead body of a child, for the purpose of concealing it; but in
the:ease before, them it was a:liVing body, and the act. matte no
eir
"".respecting the hiding of -a living
provision ignorance al9nbsrnfir:yd'als''tthntsi:t;itvahailell
boily.• The child,
had•livedintSmne time, and medical men declared th4t
the
it had (lied by suffocation, and that tt n ere were •arks o pressure
on the throat. 'lf that had
d been done in the act of delivery,r the
woman was guilty of. no offence—it would not even be niattis
slaughler;. but it was said the mayks were such as could writ
have been made unintentionally. There was also an unfortu-•
hate expressitia she had made use of, living: which would tend tot, hOw
was but then, watt•
that she was aware that the child
also,known that there wag 'nothing so difficult as to give the very-
possible. L'Px-
words' which a person had used; it was al
hile"tcsitdiirnivn, they would
cept ashert-hand writer were to take
IdS had used ; 'they
be quite unable to repeat the prccise words he w
•ould 11. The
might give the substance, perhaps, and that h was charged
The Cage of Charles Worthington, (No. 61,)
w 0 .
with.murder, was as clear a case of manslaughter as he ha, ever
read, and of manslaughter only. James Callagan, it .app.
would not suffer the boy togrind his chisel at the grind-stone;
• having a
altercation ensued; he struck the boy ; and the boy
hip
chisel en his hand, kttuck-Callag,an with it; the blow caused
death. the two nett (Nos. 62 and 6.3) the learned judge de
scribed as very serious cases s be gave a brief view of theirs na-
tare. went through several other cases, of forgery, poion-
. ing, shooting,ke., commenting upon them as he proceeded.
' His addreea occupied an hour and twenty minutes in the de
livery. 1
.

LIVVR'iN)oi