The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-09-01 00:00:00

THE LIVERPOOL STANDARD

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WORKS, LORD-STREET and CABLE-STREET.

15, SOU'

M'GIBBON,
30, NORTH JOHN-STREET, LIVERPOOL,
BOOTMAKER TO His ROYAL HIGH NESS PRINCE ALBERT,
SIR H. POTTINGER., AND THE LATE GENERAL SALE,
RETURNS his sincere thanks to his numerous
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London and France, -' " ' -
places the finest En

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GREAT IMPORTANCE TO MASTER BOOTMAKERS AND
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M‘GIBBON has invented a Patent Machine for BRUSHING
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,• , •

by giving

lave it rorwarded to any

cart of t

YESTERDAY'S ASSIZES.

The Court was owned yestf rday at nine o'clock, and a

GERRARD BART. V. biIiSPRATT

Mr. Cowling having read the declaration, which set
forth that injury had been sustained by plaintiff, by the
destruction of his timber by defendant's chemical works,
at Newton• in-the. Willows.
Mr. MARTIN opened the case, and stated that Sir John
Gerrard, the p!aintiff, resided at New-hall, and had
another &state, the hereditary seat of his family, one of
the oldest in the county, upon which was timber, some of
it 200 years old, and new timber was constantly being

introduction into this country of the chemtcal alkali
manufacture. His works at that time were in Liverpool,.
from which,however,he was removed by indictment,on the.
compliint of the magistrates. He had at the time a
small manufactory of soda ash, near to where his present
viorks now stand, to which he brought his entire business,
on being compelled to leave Liverpool, erecting there he
believed the tallest chimney in Liverpool, to carry off the
destructive gas evolved in the manufacture. The learned
counsel, having stated that it was the opinion of scientific
men that the business might be carried on without injury
to the neighbourhood, proceeded to describe the action of

tal.• "At,
mode in which the plaintiff's timber was injured, first by
a species of blight, and in 4 or' 5 years by the complete
destruction of the trees. Having produced a map of the
property, showing the situation of the works, and of
plaintiff's property, he proceeded to state that this was a
case of continually recurting injury, Mr. Muspratt carry-
ing on these works, knowingly to the injury of his neigh.
hours, some of whom were quite unable to contend at
law against a man of his wealth. His client had already
sustain: d damages to the amount of £6OOO, which was

going en every day. •
Wm. Daniels, examined by Mr. CROMPTON.—Was
gardener to Sir John Gerrard and to the late Sir William
, .

••••VIC•A
Gerrard, and it WilS his duty to look alter the gardens
and timber. Entered the service of the family in 1828,
when he supposed that 70 to 80 acres of plantations were
laid out, and for some time the timber continued in a
flourishing condition. In the years 1837 and 1838 per-
ceived something going wrong with the timber. The
shoots began to be less luxurious, and in the Writer they
died off. This effect has continued up to this time facing
the chimney. Was at first unable to account for the cir-
cumstance; but in 1838, 1839 and 1840 examined with
other persons other woods of the plaintiff's. In 1840 ex-
amined the woods at Newhall with Mr. Warrey, arid
found them very bad facing the chimney,which was south-
east of New•hall. Some of them perished every year.
These that were struck they cut out. They found such
trees as were sheltered not so bad as those exposed to the
works. The'alders and sycamores stood best; the oaks
were very bad. Generally in this part of the country the
trees are most luituriant on the south side. Ilere they
were best to the north. Since 1840 they had cut down
many a thousand trees, from 100 years of ancient wood to
five years. The bark of those bad perished lacing the
chimney, on the other side it was better. Witness de-
scribed the appearance of the vapour coming out of the
chimney as ordinarily about a yard in breadth, but on a
fuggy day settling on the woods like a sheet. Saw the

served it frequently, but did not make memorandums.
In 1846, from January to 30th June felt it 13 times. Had
felt the vapour in big oak wood, canal side wood, wood
west of Newhall, young plantation, Vista plantation,
and Holland plantation. TheGe woods arc in a very bad
state now.

Cross-examined by Mr. Sergeant MURPFI v.—When he
first became acquainted with the neighbourhood there
were many collieries, and he knew of two which had been
opened since—one belonging to Sir John Gerard himself,
nearly half a mile from the canal plantation. One col-
liery of Sir John's is about a quarter of a mile from the
canal plantation and the oak plantation ; and a north
wind would drive colliery smoke over those woods: There
had been glass works opened at St. Helen's, about a tulle
and a•half off. There bad been some twelve or fourteen
chimneys emitting smoke erected in the neieP.- -1 of

.banourtioo_ _
the property since 1822, three of which are glass works.
There had been also some copper works. There are tome
other alkali works in the neighbourhood of the IS evr-hall
Park: Muspratt's is nearest to the plantations he had
mentioned. Had observed the effect of the vapour upon
the fruit trees and the flowers in the garden.' Had not
taken notice of a long hedge in the neighbourhOod. The
field, in the centre of the woods, is a very luxuriant pas-
ture. A man named Jackson's property is close to the
boundary wall. He has a number of fruit trees, and the
vapour will pass over his garden to ,get to some of the
woods. rhere are visible signs of injury upon Sir John's
flowers, but the beds have not been destroyed. The
leaves of the fruit trees are not parched up and withered.
A number of evergreens are in the park. There is scarcely
any good foliage, and not one good tree in the canal planta-
tion. There are evergreens near the steward's house in
pretty fair luxuriance, about half a mile west of New-hall,
near Ashton, about a furlong from the Vista plantation.
This plantation has not good foliage on the south-east
side. Other portions are pretty fair. Prevailing winds
in that neighbourhood are west, south-west, and south-
east. A clover field between the chimney and the planta-
tations is in a good state. There is a lean to the east in
the hedgerow timber: The soil is of various descriptions.
The town field is a yard thick of good brown soil. The
plantations are drained by nature ; some of them are wet,
and these are in the best condition. Saw the vapour once
in May, on the 9th, at nine o'clock in the morning. The
trees were pretty fair for being in a forward state. The
vapour on the 9th spread to a very great extent, and spread
and fell all round New-hall. A very huge flower garden
goes close up to. the house. Had out then a few herba-

they had so f, w out at that time. A good many rabbits
about. Does not know a burrow in the boundary planta-
tion. Dares say there might be some in the other woods.
Sir John does riot preserve rabbits, but hes given notice
to have them destroyed. Fourteen or fifteen vear., ago,
they used to eat the bark of the young trees. They don't
cat so much now. Believes that results from Mr. Mus-
pratt's vapour. (Loud laughter.)
Re-examined by Mr. MARTIN.—Nearly 500 dead trees
have been taken out of Towbfield plantation, which is ex-
posed to Mr. i%lcspratt's chimney, this year. The same
has gone on for some years. Pr,vious to the erection of
Mr. Muspratt's chimney no such thing occurred, and the
rabbits were more numerous. A nail of about two fort
above the gra•s with a sunk fence surrounds the pleasure
garden, protected by trees and shrubs. The flower garden
is inside the pleasure garden. There is an ascent from
St. Helen's to Garswood, and New Hall is a little below on
the east. No timber has been taken out within a furlong

or ine colliery. Out or the other part, which is exposed
to the alkali vapour, about 200 have been taken out this
year. Colliery smoke does slightly iniure trees, hut has
not seen it near the colliery at Ashton Cross. At the
steward's there is the house between the chimney and the
evergreens mentioned before. The forest trees near, which
are higher than the house, are injured.
Mr. Unsworth, examined by Mr. COWLING.—Ts a
joiner and builder at Ashtcn Cross, and near Sir John
Gerrard's estates. Was employed upon them from his
first apprenticeship in 1804 to 1810, when he went away
and returned in 1816, and had been employed there ever
since. Had valued the timber. In 1816 the woods were
very healthy, and there was some fine old timber full
grown, about 100 years old, and some younger timber.
The woods were well stocked. About 1E36 and 7 observed
the trees begin to decay both in the top and the foliage.
the top of the tree began to be dead. The body et the
hrge trees became brOwn towards the vitriol chimney, and
the hark would not feed. On the other aide it would he
middling. His opinion was that the change was caused
by the vitriol works. The smaller timber was much the
same. Things have been worse since 1839 up to the
present time. Has superintended the falling of the timber,
and valu-d up to 1829. Has since been a purchaser every
year, to the amount altogether of £l2OO or £l4OO, and
has sold a large rivantity. The wood since 1836 has been
in a bad state, has not arrived at its growth, and was de-
cayed. Alder, sycamore, and some beech have escaped.
Ash, oak, and elm, partially. Poplar, willow, tti.c., have
been mast it,jured. Some of those protected from the
vapour were in a healthy state.
sound. Lives
someLiyt s as
about
da-
maged,
ut
Cross-examined by Mr. Sergeant MURPHY.--The price
he has paid has been the same from 1839 until at present
for the sound ; for the unsound the prices have differed.
When haen sold
sometjt) r
he t
tried
dr
toS sell
r o h
oel
un
half a mile from New-hall. Had never been called upon
to notice the vapour coming over the woods. Had smelt
the vapour many times during the present year. It has
never rusted the articles in his house. They are not so
bright. (Laughter.) Before he went there there were
Very few dead trees.
Ke examined by Mr. MARTlN.—Before the alkali works
were erected there were few dead trees from natural

re lince 'Rea a

great many died

,s roster, gamekeeper to Sir John, examined by
Mr. :Al ARTIN, deposed to the vapour affecting his eves,
especially nn fogey. gloom! days. Had sten it a few
times in the plantation on fogey days. 'often in the
wueu he has found it strongest, It comes

woods

t night

like a mist, and spreads all amongst the trees. Recol-
lects the night of the 2d November. Wind was from
east, and the vapour was very bad. Was in Spithy
Wood, in Garswood. There is a colliery or two between
that wood and the vitriol works. On Wednesday, the
21st January, was at Newhall, and noticed the vapour at
nine in the morning. Watched it, and went into a sand
field near the Big Oak Wood, where he could see Mus-
pratt's chimney. Saw it come from that chimney from
nine until eleven, and go all amongst the trees. It was a
foggy morn

g—wind as near south as he can think.
Witness deposed to being in Waggon-load Wood on
another occasion, and in a field on the 22d of March, and
seeing the vapour coming towards him from the chimney.
Has lived with Sir John fifteen years, and has observed

the trees worsening every year since the establishment of
the vitriol works, especially for the last five years. Man)
of the trees cut down during that time have been dead.
Cross-examined by Mr. SergeantMuttPuv—Trees were
worse one year after another for the last five years. There
are some wet places it, Smithy wood. Water came, but it
was just after very heavy rain. Dog again and a little
moisture came. There is more dry land than wet in that
wood. Was from two to three miles from the chimney
on the night when he saw vapour coming from it. The
moor► was overcast. Both saw and smelt the vapour. L
was coming in the direction of the chimney. Did not
see it coming out of it. It was in the day time when he
saw it coming out of the chimney. Had seen the vapour
once on the grass in a stream about five yatgls in breadth.
It travelled on and entered a wood. Did not observe
what appearance it made on the field. There are very
few rabbits now in the woods. They began to clear them
away two years ago. Some of the rabbits burrow in the
woods and will sometimes bark the young trees when the
frost is on the ground. Sir John Gerrard told him to
take memoranda about the 13th of August, 1845. He
said he was to take notice where these vapours came from.
Has seen vapours five or six times coming frornCrossfield's.

Re-examined by Mr. MARTIN.—Dug the soil in the
Smithy Wood at the request of two men from Mr. Mll9-
prates. Had directions to give every facility to persons
examining the woods. Cannot say that be has seen a
forest tree injured by a rabbit burrow.
Joseph King, accountant, examined by Mr. CROMPTON
—Has been in the habit of going over to au fit Sir John
Gerrard's accounts twice a year for upwards of thirty
years. Described the condition of the woods as very
healthy when he first knew them. They have been de-
clining for the last five years, but only examined the trees
minutely three weeks ago, which he described in similar
terms to the precious wilnesses. Has not the least doubt
whatever that the injury proceeds from the Vitriol Works,
from his own experience at his property in Everton.

Cross-examined by Mr. Sergeant Muni,ny as to Sir
John's new colliery—Does not think that the drought at
the commencement of summer has affected the leaves of
trees. Has not noticed such injury elsewhere.
George Lynn, butler to plaintiff, examined by Mr.
COWLING, deposed to a large window being opened about
two years and a half ago, opposite the chimney, and found
on one occasion, the knives which had been laid there,well
cleaned, turned to a dull blue colour. Saw and smelt at
the same time a strong vapour coming from Mr. Mus-
prates chimney. Saw the same circumstance occur on
another occasion ; and had, in consequence, to make dif-
ferent arrangements. Spoke to injuries s•istaioed by the

trees on the south side of the houe opposite the chimney.
lie examined by Air. Sergeant MURPHY.—Has ob-
served no effect uron the knives since the arrangements
were changed. The bras's work on the drawing-room
table, and the gilding is affected every day.
Re-examined as to the present state of the knives.

William Pybus, examined by Mr. CROMPTON.--Is sur-
veyor of the roads in the neighbourhood of Ashton. 1-111.1
in one instance felt the smell in the neighbourhood of
Ashton Cross, about three miles from it.
Re.eiamined by Mr. Sergeant MURPHY, and nothing
particular elicited.
Mr. Mercer, land agent and collier viewer, at Ashton,
examined by •Mr. MARTIN, was called to prove Mr.
Muspratt the owner of the works, which, however, was
admitted. The witness corroborated the evidence of the
previous witnesses, as to the character, colour, &c., of the
vapour, and the injury done to the woods of Sir John
Gerrard and others.

Cross-examined by Mr. MURPHY.—Attributes part of
the damage done in the immediate vicinity of the works to
She sulphurous gas thrown out from the waste which is
deposited the-e. Land, where there is a coal formation,
is quite as good for trees as any land.
Re-examined by Mr. MARTIN as to the situation of the

new colliery

m. Rotbwell, land agent to the Rev. Mr. Hbrnby,
examined by Mr. Cow'llsto as to the timber in the town-
ship of Winwick. Had been twelve years in the situa-
tion. The timber was in a healthy state when he entered
upon it, but has been declining ever since on the north,
northwest, and west, which are exposed to Mr. Mus-
prates chimney, particularly in one quarter, where the
land slopes down to the chimney. On the south-cast side,
which lies very low, the timber is healthy. The land is
the best where the trees are dying. A quantity of wood
has had 'o be cut down, because it was damaged. which
would other wise mt have been so treated. Witness's tes-
timony as to the vapour and the mode of injury to the
timber coincided with that of other witnesses. Last year

the vapour was very strong and frequent. Had also no-
ticed it this Year. It had been felt in every rcorn in Win-

wick Hall this year

Cross-examined by Mr. Sergeant Mourne.—Does not
think a storm would affect the growth of a tree unless its
roots were loosened ; and, if so, it would be sis or se.-

years before such tree would be killed.
Re-examined —Does not think the injury to the trees
is enuird by the wind. Attributes it to the vitriol %yolks.

William Kerfoot, farmer, Winwick, examined by Mr.
MARTINT.—Deposed to the injury done to his crops, and
the timber on his farm, since the worki were built, and
the discolouration of articles in his house caused by the
vapour. The injury is getting worse.
Cross-examined by Mr. sergeant MURPHy.—There
are glass-works a mile and a half from his works. Be-
lieves the smell comes from the tall chimney.

Richard Norman, farmer, Newton, examined by Mr.
CnomProN.—Had lived 32 years in Newton. Described
the injury caused by the works on the crops and timber.
Witness was asked whether he had not been paid from
time to time for such injury, and said that he bad, but
not for last year.

Mr. Sergeant MURPHY objected to the question, on
the ground of a decision of the House of Lords, that it
could not be put, on the ground that it involved a colla-
teral inquiry as to whether such money might have been
paid for peace.
Mr. Justice CRESWELL thought that Lord Cottenham
could never have expressed the judgment of the haute
in such broad terms.
Mr. CROMPTON said it was not worth whil

e pressing

the question.
Examination resumed.—Had felt the vapour nearly as
much since the chimney was raised. • It goes further off.
Thinks that part of the injury frit by witness comes from
the chambers. _ _

Cross-examined by Mr. Sergeant MURPHY, but no-
thing elicited.
John Wardle, cow-keeper, St. Helens, examined by
Mr. COWLING.—Was employed to watch the vapours
from the chimney. Placed himself in a position to see
the vapour come out of the chimney, and when he saw it
enter Sir John Gerrard's woods, he' followed it, and
experienced its effect, smell, &c. Witness described the
sensation felt, and the mode in which the vapour is carried.
Cross-examined by Mr. Sergeant MURPHY.—Has fre-
quently felt the vapour in a warm state. It feels warm
to the eyes. but not so much to any other place.
Thomas Green, examined by Mr. M ARTlN.—Lices at
Hardystock, Denbighshire. Has followed the trade of
a timber-valuer for nearly fifty years, and was called upon
in 1840 to survey the damage done to Sir John Gerrard's
estate. In midsummer was called upon again ; found the
timber much worse than in 1840. The trees exposed to
Mr. Muvratt's wciks were the most damaged. Those
nearest water were morn affected. Many thousand trees
on the estate are affected, more or less. Believes that the
trees at present green will be dead in a few years, and it
the works go on, Sir John may cut them down as soon as
he pleases. Made an estimate of the present existing
damage £5,525 12s. 2d., which does not include prospec-
tive damage. Could not give an estimate of the prospec•
tive value without taking the whole of the woods. Every
tree will be destroyed. Mr. Warry was with him when
he made his valuation, which occupied him four wet
Could not make any value of the damage to the whole
estate as an ornamental one.

Cross-examined by Mr. Sergeant AcURPHY, as to the
mode in which the valuation 'was made.—Thoutht he

mates of the value of each particular wood, which was
handed in. The total estimated injury put down by him
in 1840 was £2451 14s. 104 d. On that occasion be only
estimated the Garswood and not the New 1-lall property.

Reexamined by Mr: MART lN.—Did not include in
hii valuation any tree which he considered was affected
by natural decay. When making his valuation this year
found that many trees had been cut down since 1840,
which ought not to have been cut down under natural
circumstances.

Joseph Worry, nurseryman and seedsman, West Derby,
examined by Mr. CROMPTON--Formerly had a nursery
at Everton, where he had considerable extrizrience of the
effect of alkalilvapnurs on trees. Examined Sir John Ger-
rard's estate in 1839, and again in the present rear. with
Mr. Green, when he found the trees considerably worse
this year. Attributes it to the effect of the various alkali
vapours in the neighbourhood. Coal smoke does not pro-
duos the same effect. Mr. Green and himself took par-
ticulars of all trees above six inches in diameter, and they
agreed in their estimate. Has the same opinion as to the
prospective damage. Considers that the trees have re-
ceived so much injury that if the works were removed
now they would never be good trees.
Cross-examined by Mr. Munenv.—Did not form the
estimate without considering the value of the timber
when cut down. They took about one-third of the value.
Adolphus Moobert, land agent to Sir John Gerard.--
Examined by Mr. COWLING..-- Had resided on the
estate since 1839 : had made a calculation as to what
amount of the estimate of Mr. Green should be attributed
to Mr. Musprqt, and how much of the damage should
be assigned to other parties. Had formed his calculation
by the relative amount of business done by each, the
height of the chimney, and the quantity of vapour from
each, which he had observed to infringe upon Sir John
Gerard's woods. He estimated the damage done by Mr.
Muspratt at £1309 144 4d.
Crose-examined by Mr. Sergeant MURPHY.—lncludes
woods four or five miles from Mr. Muspratt's. His
works are nearer than those of the other parties. In no
one instance bad pointed out to Mr. White a single tree
injured amongst a group which were luxuriant. There
were insects in the leaves of some trees.
William Reynolds, M.D., depo'ed that he was ac-
quainted with the nature of the manufacture carried cn by
thend
It
vas
prepared with nitre or saltpetre
production of the oil of vitriol a
adberfiemn
brimstone.-
On the
mut iaiic acid gas wateevolved, which had a strong affinity
for water or damp; and in damp weather, on coming into

contact with the air, a white steam or smoke was pro-
duced which was iduriou; to vegetation. It bad a strong

pungent smell, irritating to the lungs and eyes; it acted
upon trees in early spring, turning the leaves brown.
The leaves had to do with the health of trees, and if de-
stroyed, the tree would shortly perish. He had seen the
woods and plantations belonging to the plaintiff, and found
a vast number of the trees injured, in such a manner as
would arise from the operation of the muriatic acid gas.

The greatest amount ofinjury bad been produced in that
part of the ulanta'ion at New-lia!1, facing the defendant's

Cross•examined by Mr. Sergeant MURPHY—Can
piian no_ other cause for the injury otserved. A

single dead tree may die from natural causes, but so
many could not. The vapour will travel a considera-
ble distance sometimes before it falls. It will depend
considerably upon the state of the atmosphere. It
would depend upon the height of the chimney and the
wind whether it would travel a wile and a half in a moist
atmosphere. The effect of a strong stream of air passing

up the chimney would be to condense a great quantity
the gas. Wlth a tube of 500 feet and a chimney 350 fe(

met by water it

be weak

but the

gas is very difficult to condense. The gas will not retain the
same strength after passing 24 miles through the air,
which it had when it left the chimney. If the vapour had
fallen upon grass it might not be perceived. Grass is not
so susceptible as forest trees, being always growing. A
stream going over a grass field would depend upon the
length of time it passed and the strength of the acid to
cause an effect. It would b.: likely to affect flowers.
Does not tipnk that flowers would suffer so much as forest
trees. if the gas was deposited for a sufficient length of
time it would affect the leaves of an apple tree two miles

Re-examined by Mr. MArtTlN.—Many means have
been adopted to condense this gas, none of which have
been succesful. Does not believe it to be impossible.
Witness described the processes tried, and how they failed.
Professor Linlev examined by Mr. MARTIN. Is Profes-
sor of Botany to University College, London, and vice-
president to the licrticultural Society ; had gone through
oLe of the plantations of Sir John Gerrard, where the
trees were dying, and found the soil very good and suit-
able fur the' growth of trees

Ther was ito appearance

of injury to the trees from damp. When thus injured
they are invariably covered with lichee:, nothing like
which he saw at Sir John Gerrard's. Described the na-
ture of the injury which seemed to have arisen. Gave a
description of six trees placed ;in the form of a lozenge,
with one point towards Muspratt's chimney. The tree at
the nearest point was quite dead. The next two were
much irjured. and the remainder, which were screened.
showed no symptoms of present injury. Should consider
that the action of the vapour from the vitriol works would
produce tile r: suits observed. Some trees are more sus-
ceptible than others to the operation of gas. The sfca-
more is least so. Trees are blackened by coal smoke, but
it would not produce the same appearance as is done by
gases. Can refer to nothing as the cause of destruction

of Sir John Gerrard's woods except the
Did not remark that there was more de-
struction in the neiglibc urhood of water.

noxious vapour

iction- of some

Cross-examined by Mr. Sergeant Murphy.—lt
be difficult to say how flowers would be affected
acid was str

a clover ti

in flower might

; but could not Eay to what ex

, except from

actual experiment

Mr. M ARTIN stated that here ended the plaineff's case ;
after which, the witness explained the effect of acrid va-
pour upon a beech tree, by destroying the leaves on one
bide, which always caused the bark to fall off. There
might be some cases where one tree in a lot was found
unhealthy amongst others healthy. He accounted for
this by the difference in power in some to resist injury.

_
Mr. Sergeant Al unruY rose to reply, and commented
upon the fact as unfair to the defendant, when he saw the
injury sustained in 1838, and has seen it going on since,
to call upon him, in one sweeping action, to pay him the
damages of succeeding years, without previously notifying
the ipjury to Mr. Muspratt, and inviting him to take such
remedies as science tells us will be efficacious. He called

upon the jury to bear in mind the distance of the chimney
from the places where the injury is said to have been in-
flicted, as be proposed to lay before them the result of
tests resorted to for the purpose of determining the
strength of the acid when it left the chimney, and to show
that it must be quite innoxious after it had arrived to
such a distance. He reworked upon the fact that
them had been no evidence as to injury done to
the flowers or the grass ; and commented upon
the fact, as• shewing that the injury could not arise
from the gas, that single trees were round offrcted, whilst
those surrounding them were not effected. Dr. Reynolds
had said that he could not be confident as to the cause'of
injury, ,were it not that the frequency of the injury ren-
dered natural caus:!s inapplicable. Mr. Muspratt had
done all that he could to check the noxious effects of this
manufacture. Sir John Gerrard himself had invited the
nuisance of a colliery '.o his own door. He had located
himself in a neighbourhood surrounded by such nu
and had no right to visit on the devoted bead of M

" consequences of all these. The learned counsel
berated a number of parties in the neighbour-
showd show had not, been visited