The Statesman.
London, England, 1818-12-09 00:00:00

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LAW INTELLIGENCE.
COURT OF KING'S BENCH. Dec. S.
'THE KING V. RICHAIiDII.
Tl•ia was an indictment for a public nuisance.—
The IMenclant wag a manufacturer of volatile salts,
residing on Bromley Common,and the nuisance now_
t•omplsined of was the •tench arising from the works,
which the Learned Counsel said, was an offensive
awl injurious as to affect even vegetation in its neigh-
/14.0rItood. hit+ was destroyed and put toe stop by
it% °paragon. 'lite Defendant was not ignorant of
the ill effects arising' from his works—lie had already
been obliged to remove twice—once in consequenc.
of an indictment, and once in consequence of a
threatened indictment. Mr.Gune ZY called several
witnesses In prowe the nuisance.
Tt.e smell caused many of them to feel violent
h.ad.ischee, oppression at the heart, and weakness
of sight.
Mr. NVALTOUD, for the Defendant, submitted the
present would be a question for the Jury. Many
manufactories-were odisances. which were absolute!)
necesta►y for the production of the comforts of life.
The article which the Defendant manufactured was
• one of impertance, and aware that *erne inconveni-
ence Might attend the pro,ess, he had selected a situ-
ation where I i inconvenience might be the least per-
• cetrible. De called *knew's, who stated their opi-
nion that there was nothing injurious in the menu-

fac.o. y of volatile a.. 115.
The. Defendant having closed his case, Mr. GDR.
Y Msn shout to reply.
The Jury said they were folly satisfied of the ex.
isteoce of it e smisance, and fouod verdict of Guilty
against the Defendant.
The JG3TICE observed, the verdict was a
most correct one. Nu person was justified its too ing-
• hi.; an ()derisive nuisance into a neighbourhood, be..
• cause other nuisances might previously have existed
there. Was it likely the efllovia from the boiling
-of large quantities of gas liquor would be less of-
fensive ?
WHITE 0 WHETSTONE.
This was an action to recover from the Defendant,
a music seller in the Strand, a compensation in da-
mages, for having pirated two country dances, cam.
posed by tho Plaintiff, Mr. White, of Bath, called
le Lady Caroline Morrison," and " Rob Rog."
Cenige White, itie brother of the Plaintiff, and
J ,no late, his father, proved that the Plaintiff
composed the two dances in question, one in 1817,
tie other in February last;, that they were favourite
dances in Bath, and that the Plaintiff had sold of the
first .1000, of the second 806. The publication of
the Dlip:zrd OrucieS by the Defendant, iu August last,
wns also rt oved.
Sir (:. smorart, Mr. Whitaker, the composer, and
Some other eminent musical men were called, who
staled their opiuiou that the Plaintiff's production
was an original composition.
Mr. GURNEY, for the Defendant, contended that'
these dames were not compositions, but mere combi-
jsati9ns made up of bars from other tones.
' 111 r. l'ei!e, Mr. Lonis Jansen, Mr. Wilson, and
othr•rs, gds... it as their optrtuo, that the dances
its.goostion we,e not compositions, but mere combi-
.as of old tunes.
The CHIEF JUSTICE summed op to the Jury, and
WV•swvt tl, tte.t•lthough to his regret he must acknow-
ledge Inmse4 wholly ignorant of the science of music,
)et in law he would tell them, that iu his opinion,
any person 'Aim{ a number of different bars in mu-
' lir, although every one might previously be found in
other conipo.itiona, and giving them a new combina-
tion, lie legally &Rattled a property in them, to which
the law would give protection.
Tile Jury found for the Plaintiff—Damages
tests. 40s.

COURT OF COMMON PLEAS, IJEc.S.

CR I NI. CON.
CLITIIEROE D PETERS.
Mr. CIOTTI( kiated, that in This case Colonel John
Cli.heroe was Plaintiff, and Jelin Peters. Esq. De•l
fendanr. The declaration charged the Defendant
with holding, on the 21st of September, 1817. and
on other days, criminal conversation with the Plain.'
till's wife.—The Defendant pleaded not Guilty.
It was, in other terms, an action to recover a com-
pensation in damages for an adulterous intercourse
with the wife of the Plaintiff.—The damages were
specially laid at 10,C001.
Mr. Serjeant VAUGHAN represented this to be one
of the most adgravated i ages lie had ever stated during
his professional life. 'lke Plaintiff had been robbed
of a wife by whom he was most tenderly beloved, and
whom lie loved with equal tenderness, under trea-t
chery, hypocrisy, and breach of friendship. lie was
persuaded the Jury would consider it a case which I
required heavy damages. The Plaintiff was Captain
Clitheroe, of the Third Regiment cf Foot Guards,
and a Lirot..Cdonel in the Army. Hewes otteofthose
brave men to whom the country was an much in-
debted during the late war. From 1809 down to the
present time his life had been honourably devoted to
the service of his country. lie was a Gentleman of
ancient and honourable family. in 1809 he married
the Lady whose conduct was the subject of this Sc..
tioo. lie was long acquainted with her before
tinge. She was an accomplished young woman, 22
Or 23 years of age, and the eldest daughter of Gene-
ral Burton, a man of gond fortune, and a General in
the Aimy. The Plaintiff, early in life, was Aid.de.
Camp to General Burton, who saw that be deserved
notice and attention. Ile paid his addresses to the
General's daughter, end was receive' by the family.
18t..9 the marriage took place. It promised corn-
piety happiness to the parties, and the tenderest at-
tachment prevailed. The Colonel was 25, and the
young Lady 22. In the spring following 1809, he
was called to his military duties, and went with the
expedition to Walcheren. lie returned at the end
of the year and went to Spain, where he re-
mained some time. fie was wounded at the battle of
.Fueeles livnurcs, and retained to this country. The
most ardent affection subsisted at that time between
the Colonel and his wife. Called again by duty. he
Vent once more to Spain, and was wounded at Bar.
go!. Being severely wounded, he did not rejoin the
!limy till the .cud of 1815; when the Duke of Wel-
lington was proceed* to Paris. After the Treaty
of Paris, in October, 1815, he sent for his wife,
who came to him : and the fatigues of war having
vaseti, ;Ivy c!.j,,yed I:enicets together. She went

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