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

Contrarts.

• LIVERPOOL DOCKS.
TO CARTERS AND OTHERS.
FIE COMMITTEE of the LIVERPOOL DOCKS
T HEREBY GIVE NOTICE, that they are ready to treat
with parties who are disposed to orovia..

plvviue (nem with CARTS,
HORSES, and DRIVERS, to be employed in Carting away the
Sweepings from the Dock Quays, for a period of One Year.
Persons making Tenders are requested to state the number
of Carts, Horses, and Drivers they can furnish, and the price
per whole day, and per half day, at which they will undertake
to supply
_Carts. -

od atife Horses, with , sober
Drivers, above 20 anand d not more than. 45 years ofactive age. The
Drivers will have to assist in loading and unloading the Carts.
Tenders to be made, including or exclusi the Sweepings to
be the property of the parties tende
Printed forms of Tender, a ly further information, m
be obtained on application e Office of the Dock Secretary,ay where Tenders must b elivered on or before WEDNESDAY,
the 9th of Septemb ext, addressed to the " Chairman of the
Sub-Committee f e Department of Harbour Masters, &c.,"
and marked "Tender for Carting."
DANIEL MASON, Secretary.
By order,
Dock Office. Revenue Buildings,2Bth August, 1848.

CONTRACTS FOR POLICE CLOTHING.
BOROUGH OF LIVERPOOL.
HE WATCH COMMITTEE HEREBY GIVE
T
NOTICE, that they are prepared to receive TENDERS for
supplying, by CONTRACT, the following ARTICLES of
CLOTHING for the CONSTABULARY FORCE, namely:
f
FOR CONSTABLES.
GOO BODY and PANTALOONS.
64 FIREMCOATSEN'S FROCK COATS & PANTALOONS.
670 UNIFORM FELT HATS.
750 Pairs LEATHER BOOTS.
1500 Pairs White COTTON GLOVES.
759 ARMLETS.

40 FROCK COATS.
40 Pairs PANTALOONS.
40 UNIFORM FELT HATS.
FOR BRIDEWELL-KEEPER;
f .

30 VESTS,

30 Pairs PANTALOON .
9. 30 Plain FELT HA
The Committee reserve to t nselves the eption of dividing
any one of the Contracts, above-mentioned, into two Lots, of
ennal n--

of any one Lot,

A NEW AND EASY METHOD OF ACQUIRING TIIE
FRENCH LANGUAGE.
BARON DE SEPRES.
Member of the Academy of Paris, Founder, late Director, and
Head Master of the National Lyceum, Fellow of the Poly-
technic School, 4-c.,
RESPECTFULLY informs the Nobility, Clergy,
and Inhabitants generally th the earnest solicitation
of several families of distincti , e has been induced to visit
Liverpool, in order to ma nown his new and easy method of
acquiring in a short s of time the French Language, and of
imparting to his s the pure French Accent.
Classes of Tw ve Gentlemen meet every Evening from Seven

to Nine, at his residence, 57, Elizabeth-street, Biownlow-hill
where his Terms may be known.
Separate Morning Classes for Ladies

Private Lessor

PRELIMINARY ANNOUNCEMENT.
LIVERPOOL, CROSBY, AND SOUTHPORT

RA I ',WAY

ACOMPANY for CONSTRUCTING the above
RAILWAY is in course of FORMATION, and for afford-
ing to the Districts along the Coast a cheap and easy communi-
cation with Liverpool.
The Landowners have beensomThunicated with, and are ge-
nerally favourable ; and thelFwishes will be consulted as far as
possible as to the,co,ursf of the line.
_

A detailed Prot;pfaus will he shortly issued, and communi-
cations may in the meantime be addressed to Messrs. DuNcAN
and RADCLIFFE ; or to Messrs. H. and W. TOOGOOD, Solici-
tors, 22, Parliament-street, London.
Liverpool, 28th August, 1846.

LONDON AND NORTH-WESTERN RAILWAY.
THE Public is requested to take Notice, that on and
after the Ist September= the Second-class Carriages run-
ning with the 6 a.m. up train from Liverpool, and 6 15 from

Manchester to Birmingham and London, will be removed from
that train and attached to the 9 15 a.m. train_ from Liverpool

and 9 40 from Manc

will be reduced as follows:
Between London and Livegncle.
„ London and lgatfchester

from 455. 6d. to 37s
from 425. 6d. to 355,

Notice is also givfii, that,On 'and. after the same date, the
various Short Fares on the Liverpool and Manchester branch
will be reduced.

(By order)
Easton Station, Angnst 20, 1846.

MARK HUISH

LONDON AND NORTH-WESTERN RAILWAY
COMPANY.

NOTICE of CALL on GRAND JUNCTION .i"25 SHARES.
NOTICE IS HEREBY GIVEN, that the Directors,
in execution of the Acta of Parliament relating to the said
Company, have, pursuant to the provisions thereof, made a
CALL of FIVE POUNDS in respect of each of the x 25 Shares
which were created by the Grand Junction Railway Company
on the 10th day of September, 1845, and h ordered that such
Call be paid to one of the undermertti e Bankers, namely :
London Messrs. Glyn, Ha ax, and Co.;

Birmingham .The Birminglimn Banking Company, or,
Messrs. nolliet and Son ;
Messrsyliloss and Co; or
The Milk of Liverpool:

Liverpool

Manchester.. Sirtenj. Heywood and Co. ; or,
The Manchester and Salford Bat

on or before the 15th day of September next. And the several
Proprietors of such .x'2s Shares are required to pay such Call

accordingly

GEO. CARR GLYN, Cjiairman

By order

CHAS. LAWRENCE, Deputy Chairman,
RICHARD'CREED,} ecretaries,
HENRY BOOTH,

w LUC roau teaumgrrom tne
village of Halsall to the said township of Scarisbrick and North
Meols, and terminating by a junction with the fence wall of the
glebe in front of the said Rectory or Parsonage Hciuse, on the
south side of the said last mentioned road, at a point about thirty

_ ...„ 'row me three cottages fronting tne said road,
in the several occupations of John Gill, Stephen Blundell, and
Luke Huyton, on the east, in part by the said glebe lands in
front of the said Rectory or Parsonage House on the north
PAc.

east, in other part by the said churchyard on the south, in
other part by the said churchyard, and in other part by a road
leading from the said churchyard towards the road to Liver-
pool, and on the south-westerly end thereof by buildings, gar-
dens, and a vacant space of ground belonging, to the said
Charles .Scarisbrick, which said Closes or Parcels of Land,
Cottages, Buildings, Hereditaments, and Premises, first,
secondly, and thirdly last above mentioned, together with all

cue rights, easements, and appurtenances thereto belonging,
are- intended to be conveyed by the said Charts Scarisbrick,
and other necessary parties, to the Rector of the said church,
and his succesors, for ever, in exchange for the said Farm,
House, Outbuildings, told, Garden, and Closes or Parcels and
Butt r Al_• 11 I

sixthly first Before inentioned.
August, one thousand eight hundrea

tniraly, tourtniy, nttniy, anti
Dated this fourteenth day of
nd forts-six.

CHARLES SCARISBRICK
RICHARD LEIGH.

LADIES

BEWARE OF SUMMER !
THOUGH the Season is delightful, yet exposure to
-IL the scorching rays of the Styx produces upon the delicate
skin a species of inflammation. which_

!I Permanent stain of inveterateTAN, or Sprinkles of FiecKLE
In other instances, a discoloration inclining to REDNESS, or
SwELLma—ultimately assuming one of the multitudinous
forms of ERUPTION. The only efficacious preventive against
these -

leSe unpleasant liabilities of the SiczN ana COMPLEXION IS

ROWLAND'S KALYDOR,
a BOTANICAL PREPARATION from Balsamic-Exotics; for, whe-
ther resorted to in its specific character prst'a thorough purifier
of existing defects of an eruptive nat tie and discolorations of
the Skin, or as a benign PRESER R and PROMOTER of its
already bright and glowing tin , this ELEGANT TOILET
REQUISITE han in every i ance, maintained its claim to
thetltle of "Tn I.; UN FA ILI UXI LIAR Y OE FEMALE GRACE."

During SUMMER anebTUMN, which are peculiarly the
seasons of FASHION) LE MOVEMENTS, the invigorating and
refreshing properties of ROWLAND'S KALYDOR will be
'found singularly agreeable to LADIES TRAVELLING. The
effects produced by temporary •EXPOSURE TO SOLAR HEAT,
upon the FACE, NECK, ARMS, and HANDS, being neutral-
ized, and the cloud induced by relaxation and languor dispelled
by its power of sustaining a perfect elasticity of the skin ; with-
out which, certain (though perhaps unheeded) deterioration
takes place. Thus, in the usual Periodical Visits made to the
Coast, ROWLAND's KALYKALYDOR is indispensable as a preserva-
tive after SEA BATHING, from the irritation caused by the
chemical action of saline vapour.
AS a perfect illustration of the unquestionable safety attend-
ing the application of Rowland's Kalydor, and of the wide
range of its utility, its introduction to the nursery, with the
advantage which ensues in that interesting department of ma-
ternal solicitude, is most convincing ;—liere it soothes every
species of incidental inflammation, and fosters all those infan-
tine graces upon which the parental eye dwells with delight.
This EXOTIC PREPARATION in every case promotes_ a healthy
tone of the minute vessels, and is the most elegant as well as
effective Toilet Appendage hitherto submitted to universal pa-
tronage. Price 4s. 6d. and Bs. 6d. per bottle.
*4-* None are genuine without the words "ROWLAND'S
KALYDoR" on the wrapper.
The HEAT OF SUMMER, also, frequently communicates_ dryness to the Hair and a tendency to fall off, which may be
completely obviated by the use of
ROWLAND'S MACASSAR OIL,
A DELIGHTFULLY FRAGRANT AND TRANSPARENT PREPARA-
dent. No
TION; and r . as an invigorator and beautifier, beyond all prece-
at
TEETH this season can we be too careful to preserve the
from the deleterious effects of Vegetable Acids, (the
immediate cause of Tooth-ach :) by a systematic employment,
night and morning, of
ROWLAND'S ODONTO, OR PEARL DENTIFRICE,
A WHITE POWDER, compounded' of the rarest and most ,fra-
grant exotics.—lt bestows on the Teeth a Pearl-like White-
ness, frees them from Tartar, and imparts to the Gums a
healthy firmness, and to the Breath a delightful fragrance.
CAUTION.
Numerous pernicious imitations of these admired articles are
now offered for sale by SHOPKEEPERS of apparent respectl
bility, who copy the Bills and Labels, and substitute either‘.;
.fttftious narnc, or the word "GENUINE," in the place of
RowLAND's : it is therefore necesslry on purchasino• either
Article to see that the word " ROWIVAND'S" is on the Enve-
lope. For the Protection of the Public from Fraud and Impo-
sition, the Ilon. Commissioners of Iler Majesty's Stamps have
authorised the Proprietors to have their Names engraved on
the Government Stamp, which is affixed to the KALYDOR and
ODONTO, thus :
A. ROWLAND AND SON, .20. HATTON-GARDEN.
11:av' All without are SPURIOUS IMITATIONS I !—Ask for
" ROWLAND'S" Articles.
sold by them, and by Chemists and Perfumers.

THE LINTRPOOL STANDARD,

. .
MILNER'S like a mist, and spreads all amongst the trees. Recol-
PATENT STRONG WROUGHT-IRON lects the night of the 2d November. Wind was from
HOLD F A S T TREre S U R E SAFES, east, and the vapour was very bad. Was in Smith}
CLOSETS, AND DOORS. Wood, in Garswood. There is a colliery or two between
FIRE-RESISTING by internal non-conduction and that wood and the vitriol works. On Wednesday, the
evaporation in Fire. 21st January, was at New-hall, and noticed the vapour at
THE STRONGEST SAFES IN THE WORLD
nine in the morning. Watched it, and went into a sand
WITH IMPREGNABLE LOCKS AND FASTENINGS.
MILNER'S !'Tse EN T field near the Big Oak Wood, where he could see Mus-
FIRE-RESISTING BOOK,s,SIrFE, HEED-BOXES, prates chimney. Saw it come from that chimney from
OF &LC-SIZES. nine until eleven, and go all amongst the trees. It was a
CASH-BOXES and IMPREGNABLE LOCKS, for all uses. foggy morning—wind as near south as he can think.
Witness deposed to being in Waggon-load Wood on
..e'r SHOW-ROOM, another occasion, and in a field on the 22d of March, and
15, SOUTH JOHN-STREET, near LORD-STREET,
seeing the vapour coming towards him from the chimney.
- WORKS, LORD-STREET and CABLE-STREET,
Has lived with Sir John fifteen years, and has observed
' LIVERPOOL.
the trees worsening every year since the establishment of
the vitriol works, especially for the last five years. Many
DI `GIBBON of the trees cut down during that time have been dead.
30, NORTH JOHN-STREET, LIVERPOOL, Cross-examined by Mr. SergeantMurerusr—Trees were
BOOTMAKE
SIR H. PR
AND THE LATE GENERAL SALE,
R To His ROYAL HIGHNESS PRINCE ALBERT,
2 worse one year after another for the last five years. There
RETURNS his sincere thanks to his numerous are some wet places in Smithy wood. Water came, but it
Friends for their liberal patronage since he commenced was just after very heavy
in that rain. Dug again and a little
business, and is happy to announce that he has lately been ini
moisture came. Theres more dry land than wet
London and France, and selected from the first houses in those wood. Was from two to three miles from the chimney
places the finest English and French C. LF FRONTS, MOR- on the night when he saw vapour coming from it. The
ROCCO and PATENT LEATHER f ESS and WALKING moor, was overcast. Both saw and smelt the vapour. It
BOOTS, that is possible to be p_t trod. He hopes, by strict
attention, perseverance, and, frbm superior materials and ex- was.comin.g in the direction of the chimney. Did not
quisite workmanship, an st style of fashion, with moderate see it coming out of it. It was in the day time when he
charges, to give goner atisfaction to all who may favour him saw it coming out of the chimney. Had seen the vapour
with their esteeme mmands. once on the grass in a stream about five yards in breadth.
GREAT IM .TANCE TO MASTER BOOTMAKERS AND It travelled on and entered a wood. Did not observe
INNKEEPERS.'
IW what appearance it made on the field. There are very
GIBBON has invented a Patent Machine for BRUSHING
BOOTS and SHOES, by the use of which a lad can do more fewaway
r a
two
i t syears in
a g ot.h e
Some woods.o of
the They
rabbits began to c
he
rr leewa r
1-. n
t them
work in ten minutes than a stout man can perform in an hour. woods and will sometimes bark the young trees when the
Any person feeling
rllefshir
.urris
nol
lf
aparioacuarfin.tgloonbe,y bay
post
-niffnacne
tfarokset
ini se omno
rtahned ground roaubnodni
tSh ier Johni
ofGGerraAugust,rd t o 11d845h i. m
He
to
e
said he was to take notice where these vapours came from.
Has seen vapours five or six times coming fromCrosafield's.
Re-examined by Mr. MARTIN.—Dug the soil in the
Smithy Wood at the request of two men from Mr. Mus-
The Court was opsned yesterday at nine o'clock, and a
special jury sworn to try the case of epxraatmeis. ni e
gHad
thewoods.directions
c t o
Cannot
egjieevery
lvet
say
that facilityh be has e personseeen e
GERRARD BART. V. MUSPRATT, forest tree injured by a rabbit burrow.
Mr. Cowling having read the declaration, which set Joseph King, accountant, examined by Mr. CROMPTON
forth that injury had been sustained by plaintiff, by the —llas been in the habit of going oy er to aniit Sir John
Gerrard's accounts twice a year for upwards of thirty
destruction of his timber by defendant's chemical works, years. Described the condition of the woods as very
at Newton-in-the-Willows, healthy when he first knew them. They have been de-
Mr. MARTIN opened the case, and stated that Sir John dining for the last five years, but only examined the trees
Gerrard, the plaintiff, resided at New-hall, and had minutely three weeks ago, which he described in similar
another estate, the hereditary seat of his family, one of terms to the previous witnesses. Has not the least doubt
the oldest In the county, upon which was timber, some of
whatever that the injury proceeds fr orn the Vitriol Works,
it 200 years old, and new timber was constantly being
from his own experience at his property in Evertor.
grown. The learned counsel referred brit fly to the first Cross-examined by Mr. Sergeant MURPHY as to Sir
introduction into this country of the chemical alkali John's new colliery—Does" not think that the drought at
manufacture. His works at that time were in Liverpool, the commencement of summer has affected .he leaves of
from which,however,he was removed by indictment,on the trees. Has not noticed such injury elsewhere.
complaint of the magistrates. lie had at the time a George Lynn, butler to plaintiff, examined by Mr.
small manufactory of soda ash, near to where his present COWLING, deposed to a large window being opened about
works now stand, to which he brought his entire business,
on being compelled to leave Liverpool, erecting there he two years and a half ago, opposlte the chimney, and found
on one occasion, the knives which had been laid there,well
believecthe tallest chimney in Liverpool, to carry off the cleaned, turned to a dull blue colour. Saw and smelt at
destructive gas evolved in the manufacture. The learned
counsel, having stated that it was the opinion of scientific
ttohethgelenerignhi;bttoeudrheoopden, peTrcreeeedneddintodveesgcertibeetiethee. aecntdionthoef
men that the business might be carried on without injury e the
ra t same a,
chimney.eme time e stsroatwig
the vapour
a m
same
coming
circumstanceom Mere.
occur
iNu 1r uese-
g
Panother occasion ; and had, in consequence, to make dit-
r tent arrangements. Spoke to injuries tristained by the
mode in which the plaintiff's timber was injured, first by terefiseoenzatmheie-seoduthhysidAelor.f the house chimney.omppuonsiptielyth.LHee
eh.
a species of blight, and in 4 or 5 years by the complete no effect ur.on the knives since the arrangements
destruction of the trees. Having produced a map of the
property, showing the situation of the works, and of servedwere changed. The brass work on the drawing-room
plaintiff's property, he proceeded to state that this was a table, and the gilding is affected every day.
case of continually recurring injury, Mr. Muspratt carry- Re-examined as to the present state of the knives.
ing on these works, knowingly to the injury of his neigh- William Pybus, examined by Mr. CROMPTON.—Is sur-
bours, some of whom were quite unable to contend at
veyor of the roads in the neighbourhood of Ashton. Had
law against a man of his wealth. His client had already in one instance felt the smell in the neighbourhood ofAshton Cross, about three miles from it.
sustained damages to the amount of £6OOO, which was He-examined by Mr. Sergeant MURPHY, and nothing
going on every day.
particular elicited.
Wm. Daniels, examined by Mr. CROMPTON.—Was
Mr. Mercer, land agent and collier viewer, at Ashton,
gardener to Sir John Gerrard and to the late Sir William
Gerrard, and it W 55 his duty to look after the gardens examined by 'Mr. MARTIN, was called to prove Mr.
and timber. Entered the service of the family in 1828, M uspratt the owner of the works, which, however, was
when he supposed that 70 to 80 acres of plantations were admitted. The witness corroborated the evidence of the
laid out, and for some time the timber continued in a previous witnesses,th as to the character, colour, &c., of the
flourishing condition. In the years 1837 and 1838 per-
GvarProranre:l and othertsn.jury done to the woods of Sir John
solved something going wrong with the timber. The
Cross-examined by Mr. MURPHY.—Attributes part of
shoots began to be less luxurious, and in the winter they
died off. This effect has continued up to this time facing the damage done in the immediate vicinity of the works to
the sulphurous gas thrown out from the waste which is
the chimney. Was at first unable to account for the cir-
cumstance; but in 1838, 1839 and 1840 examined with deposited the e. Land, where there is a coal formation,
other persons other woods of the plaintiff's. In 1840 ex- is quite as good for trees as any land.
amined the woods at Newhall with Mr. Warrey, arid He-examined by Mr. MARTIN as to the situation of the
found them very bad facing the chitnney,which was south- new colliery.
east of New-hall. Some of them perished every year. Wm. Rothwell, land agent to the Rev. Mr. Hornby,
Those that were struck they cut out. They found such examined by Mr. COWLING as to the timber in the town.
trees as were sheltered not so bad as those exposed to the ship of Win
wick. Had been twelve years.in the situa-
works. The alders and sycamores stood best; the oaks tion. The timber was in a healthy state when he entered
were very bad. Generally in this part of the country the upon it, but has been declining ever since on the north,
trees are most luxuriant on the south side. Here they northwest, and west, which are exposed Mr. mto us-
were best to the north. Since 1840 they had cut down Pratt ' s chimney, par
many a thousand trees, from 100 years of ancient wood totheti chimney.culat
ly in o
On
thesee where the
land slopes down to south-easy side,
five years. The bark of those had perished facing the which lies very low, the timber
l ne quarter,s
healthy. The land is
chimney, on the other side it was better. Witness de. the b
scribed the appearance of the vapour coming out of the has
had
dt
Iv?e
be r e
cutthe trees are
down,
he
edayeieneg . i t
wasA quantity o
damaged.f
whichwo o d
chimney as ordinarily about a yard in breadth, but on a
foggy day settling on the woods like a sheet. Saw the twirnouolndyoathsertwotheso
m treated.ode
of
in
.Witness'sjury to ttelsi e.
that of other witnesses. Last year
vapour 26 times in 1841. In 1843, 1844, and 1845 ob- isethen;ta
timber coincided with
served it frequently, but did not make memorandums.
a ev
In 1846, from January to 30th June felt it 13 times. Had tired it this year. It had been er,
felt the vapour in big oak wood, canal side wood, woodhaveeo o r andbe
been
n
the vapour was very strongandfecrteiquent.
wick Hall this. year.
west of New-hall, young plantation, Vista plantation,
would affect the growth of a tree unless its
and Holland plantation. These woods are in a very bad thiCaroess-gratemined by Mr. Sergeant MURPHY.—Does 1/11PHY.—Does not
state now. roots were loosened; and, if so, it would be six or seven

order; can have it forwarded to any

part of

YESTERDAY'S ASSIZES.

Cross-examined by Mr. Sergeant MURPII Y.—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 mile
and a-half ofF. There had been some twelve or fourteen
chimneys emitting smoke erected in the neighbourhood of
the property since 1822, three of which are glass works.
There had been also some copper works. Toere are some
other alkali works in the neighbourhood of 'he New-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 neighbourho d. 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, there 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, soirh-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 hedge-row 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 eine o'clock in the morning. The
trees were pretty fair for being in a forward state. The
vapnur on the 9th spread to a very great extent, and spread
and fell all round New-hall. A very large flower garden
goes close up to the house. Had out then a few herba-
ceous plants. Did not take much notice of their state, as
they had so few 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 not preserve rabbits, but has given notice
to have them destroyed. Fourteen or fifteen years ago,
they used to eat the bark of the young trees. They don't
eat 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 Townfield plantation, which is ex-
posed to Mr. Muspratt's chimney, this year. The same
has gone on for some years. Previous to the erection of
Mr. Muspratt's chimney no such thing occurred, and the
rabbits were more numerous. A wall of about two feet
above the gra-s with a sunk fence surrounds the pleasure
garden, protected by trees and shrubs. The flower garden
Is in-ide the pleasure garden. There is au ascent from
St. Helen's to Garawood, and New Hall is a little below on
the east. No timber has been taken out within a furlong
of the colliery. Out of the other part, which is exposed
to the alkali vapour, about 200 have been taken out this
year. Colliery smoke does slightly iniure trees, but 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.—Is a
joiner and builder at Ashton 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 1836 and 7 observed
the trees begin to decay bOth in the top and the foliage.
File top of the tree began to be dead. The body of the
large trees became brown towards the vitriol chimney, and
the bark would not feed. On the other side it would be
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 valued up to 1829. Has since been a purchaser every
year, to the amount altogether of £l2OO or £l4OO, and
has sold a large quantity. 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, &c., hate
been mast injured. Some of those protected from the
vapour were in a healthy state.
Cress-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 he sold timber for Sir John. he sold some as da-
maged, and some he tiled to sell as sound. Lives about
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 eresent 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.
Re-examined by Mr. MARTlN.—Before the alkali works
were erected there were few dead tries trona natural
causes; since there have been a great many died.
James Foster, gamekeeper to bit John, examined by
Mr. MARTIN, deposedtoothye
days. Had
vapour affecting hiits eves,
especially on foggy. gloomy
times in the pkintatiun on fogey days. Is often in the
woods ot night, when he has found it strongest, It, comes

rconi in Win-

years before such tree would be killed.
Re-examined.—Does not think the injury to the trees
is caused by the wind. Attributes it to the vitriol works.'
William Kerfoot, farmer, Winwick, examined by Mr.
MARTlN.—Deposed to the jory done to his crops, and
the timber on his farm, since the works were built, and
the discolouration of articles in his house caused by the
vapour. The injury is getting worse.
cross-examined by Mr: Sergeant MuurnY.—There
are glass-works a mile and a halt from his works. Be-
lieves the smell comes from the tall chimney.
Richard Norman, farmer, Newton, examined by Mr.
CnostrroN.—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 CRESSWELL thought that Lord Cottenham
could never have expressed the judgment of the house
in such broad terms.
Mr. CROMPTON said it was not worth while 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 felt 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.—Lives at
Hardystock, Der.bighshite. 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. Muspratt's works were the most damaged. Those
nearest water were more 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 if
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 weeks.
Could not make any value of the damage to the whole
estate as an ornamental one.
Cross-examined by Mr. Sergeant MURPHY, as to the
mode in which the valuation was made.—Thotieht he
surveyed all the woods of Sir John Gerrard. Had esti-
mates of the value of each particular wood, which was
handed in. The total estimated injury put down by bins
in 1840 was £2451 14s. 10-bd. On that occasion be only
estimated the Garswood and not the New Hall property.
Re-examined by Mr. MARTIN.—Did not include in
his 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 Warry, nurseryman and seedsman. West Derby,
examined by Mr. CROMPTON.—Formerly had a nursery
at Everton, where he had considerable experience of the
rAai rrds . 'G er
es teant,e
wi nh
elnB,3b9e, afin)
ednagain effect of alkalilvspours on trees. Examined Sir John Ger-
i tnr
eteheeepresentr
avbelayr
w,
eworsewith
o
this year. Attributes it to the effect of the various alkali
vapours in the neighbourhood. Coal smoke does not pro-
duce 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. MURPHY.—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 bad made a calculation as to what
amount of the eatimate of Mr. Green should be attributed
to Air. Muspratt, 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 bad observed to infringe upon Sir John
Gerard's woods. He estimated the damage done by Mr.
Muspratt at £1309 14s. 4d.
Cross-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 had 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., deposed that he was ac-
quainted with the nature of the manufacture carried on by
andtti the dberfiemnedtaennte..
Olt wail, prepared with nitre or, saltpetre
n the production of the oil of vitriol a
muriatic acid gas was evolved, which had a strong affinity
for water or damp; and in damp weather, on corning into

contact with the air, a white steam or smoke was pro-
duced which was ii.juriou; to vegetation. It had 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 of injury bad been produced in that
part of the lantation at New-hail, facing the defendant's

works.
Cross-examined by Mr. Sergeant MURPHY—Can
assign no other cause for the injury observed. 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 mile 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 of
the gas. With a tube of 500 feet and a chimney 350 feet
in height met by water it would be weakened ; but the
gas is very difficult to condense. The gas will not retain the
same strength after passing 2i 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 be likely to affect flowers.
Does not thank 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
and a-half off.

Re-examined by Mr. MARTIN.—Manv means have
been adopted to condense this gas, none of which have

ureu succestul. noes not believe it to be impossib:e.
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 Horticultural Society ; had gone through
ot:e of the plantations of Sir John Gerrard, where tb
trees were dying, and found the soil very good
able for the growth of trees. Ther was no appearance
of injury to the trees from damp. When thus iujureil
they are invariably covered with lichens, noth;-

1 which h

Described the na-

liv at Sir John Gerrard
which seemed to have arisen

and suit-

hire of the injur

Gave a

with one point towards Muspratt's chimney. The tree at
the nearest point was quite dead. The next two were
much injured. and the remainder, which were screened,
showed no symptoms of present injury. Should consider
that the action of the vapour from the vitriol corks would
produce the results observed. Some trees are more sus-
ceptible than others to the operation of gas. The syca-
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 cluse of destruction
of Sir John Gerrares woods except the action: of some
noxious vapour. Did not remark that there was mote de-
struction in the neighbourhood of water.

Cross-examined by Mr. Sergeant Murphy.—lt would

3 wers would be affected. If the
a strong enough, a clover field in flower might be
,ted ; but could not say to what extent, except from

t to say how

al experiment

Mr. MARTIN stated that here ended the plaint'ff's cas,
after which, the witness explained the effect of acrid v

pour upon a beech tree, by destroying the leaves on one
bleb always caused the bark to fall off. There
tree in a lot was found

might be some cases where on

unhealthy amongst others healthy. He accounted for
this_by the difference in power in some to resist injury.

Mr. Sergeant MURPHY rose to reply
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 injury to Mr. Muspratt, and inviting him to take such
remedies as science tells us will be efficacious. He called

thl con:merited

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 he 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 bad arrived to
such a distance. He remarked upon the fact that
there bad been no evidence as to injury done to
the flowers or the grass ; and commented upon
the fact, as chewing that the injury could not arise
from the gas, that single trees wer

and affected, whilst
those surrounding the-rn were not affected. Dr. Reynolds
had slid that he could not be confident as to the cause of
injury, were it not that the frequency of the injury ren-
dered natural causes 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 his own door. He had located
himself in a neighbourhood surrounded by such nuisances,
and had no right to visit on the devoted head of Mr. M us-
pratt the consequences of all these. The learned counsel
then enumberated a number of parties in the neighbour.
hood, whose property he shou:d show had not been visited
at all by this vapour. He then proceeded to remark
3- I upon the estimate of dam.ge nroduced. which, he con-

tended

Was most locsely fratc-d

They had bad no

dence—no joiner who had used the timber—to shew that
the timber was rotten. He contended that there were a
number of ways in which the injury complained of might
have been caused ; and commented upon the fact that the
landed proprietors around, none of whom could be said to
be poor, had not come forward:to bring an action against,
or to indict Mr. Muspratt. He should call before them

lege, and Professor Miller,

who would shevi