The Statesman.
London, England, 1823-11-08 00:00:00

Olk*

1

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During -thie 'Perim'. alan.:ll4 hperiateeti Mtiel hes
'wen continitally in- regrees at New Lanark, has been
freely opened to the moetaninute ieepectinn of the pablie.
Full liberty hat boom giveo to the,rieh and poor, to natives,
and to Neel( neis. 'to come and see, and Aleel;, by the
evideneteaarthele Own senoras' for no BMW bee : n pot to
he bomber 'Of daftt or Weeks dnii n g which 'strangers mirht
examiee the establishment, whether their nljeet Was to
diwover its defects, or to ascertain its value, for Ovate or
p ittlie ex ample. ii .. .
To the proseention of the novel and laiptentrateder.
taking, in which I have etaltarkell, thirty y .'. day life
res
have been devoted, and the kerne. wh ch has 'been
loomed, cannot be mile onelitated t bail
.has exceeded
a large independent' fortone far any- petite family. I
Irene however to this etnenditnre not only without the
slightest regret, but with Pelisse, of reedier satisfaction. •
By many I have heed deemed I ristonarf and a madman.
Red) l'aVe long been aecastorned to see, in print, every
kiad of epithet applied to my under eking.
All this, however, and much more.. I was prepared for,
from the commencement. I had from the first, counted the
possible sacrifice which might he'reqnlred;and,consideriog
the onlimited extent of good to In. obtained for the present
tad al! roonre generations, tharacter, fortune, and life.
seemed hot as duet in the balance, and not deserving of
on.; moment's consideration.
flit I can truly say that instes4 of meeting with the
obstacles and dillienlties I lied anticipated, my progress,
I,SO been one of pleasure and high gratification.. Ile faet
is, Plat the troth of the new system, and the prettiest,
bette6.9 it is ealenleted to confer •npnn mankind, are sea;
• that thee incline the great majority either to support
measure. for its introduction, or to be' neutral; • sure
prornmoic that the time is rpt distant. when all will feel
conetotined to rive it their fall and hearty assistance.
It .ill be necessary that I' should enter Into a mere
pSrimilir eyelike stion of the experiments at New Lanark.
1 pumase therefore to resume this part of tbe subject in
my next.
EVIIIRT Owes.
New Lanark, 23d Oct. 1823. •
•MIMIMIIMINIIIII
COURT OF KING'S BENCH.—Fotoev.
- DISTURBING AN AN ASSF.II BLY OF ROOKS.
ALLAN V. soccer.
This was an action of trespass against the defendant]
for breskinr and entering the plaintiff's close, and shooting i
his rooks, The rave has been tried at the last .Assises
for Mairlonne. when a verdict was found for the plaintiff.
Mr. ROLLAND now moved to set aside this verdict. and
enter a :longish for the plaintiff upon the ground, that he
had not at the trial proved, and could not prove, any pro.
perty in the birds in question. The declaration in the case,
the reading of which convulsed the Court with laughter,
was in two counts. The first charm!" that the plaintiff
was lawfully possessed of a certain close of land in the
parish of St. Peter the Apostle. in the Isle of linnet. with
certain trees growing thereupon. That to the',
remain tree.. a great number of rooks were need to come
amt breed. and rear their young, by Which the said
plaintiff 'was enabled to take away the Triune took, and
bring them to mat ket to his profit, use, viol advantage.
The defendant, not regarding she premise., did enter, kill,
end drive away certain of the said rook., and by firing a
certain run, Amer.,' with gunpowder, and by the smell of
the said gunpowder. prevent, frighten, and drive away one
' thoti-an I otlo r rooks front coming near the plaintiffs
boll+, to,the great detriment which he suffered from the
loss of the point rook', and their eggs, and the loss of
that' pleasure anal delight which their neighbourhood
afforded to him, the said plaintiff end his friends." The
mond enfant confined itself to the loss of the delight
.. which the plaintiff derived from the society of the
rooks." To prove the property. a witness was called at
the trial, who deposed that the plaintiff had been in the
habit of selling the rooks' eggs as plovers' eggs in the
London market, and the young rooks to make pigeon
pies.—(Langliter.) The Learned Counsel contended that
this did not prove property in the rooks. as they were sold
not as rooks hot pigeons. If this doctrine were carried to
any extent, it would make a man answerable for shooting
a crow which came prowling about his grounds.
Mr. flunocv, who was on the other side, contended that
the evidence proved the birds were sold as rooks, not as
yreorts.
Mr. Justice BAYLEY inquired whether it was shown that-
the plaintiff" had any interest in the young rooks before they'
left their nests.
Mr. BOLLIND replied that theta was no evidence of that
fact. He added, that there was no allegation that the rooks
had been shot milicionsiv.
Mr. Justice BAYLEY observed that that was summer
ra-y, 114 the quo amino was a question for the Jury at the
trial.
Mr. HOLLAND contended that this case was different
from • trespass committed upon the decoys of a plaintiff,
for these were• put up at generally at a great expense. By
law, a man could not shoot within a mile of decoys.
Mr. Justice IlavIAT observed that thine was no allegation
that the rooks had been taken away before they werecapable
of living, which was • material omission in the statement
of his property in the rooks.
The COURT, under all these circumstances, granted a rule
./Visi. WA' expressed a wish that the case might be put iato
a special'skape, and set down for argument.
SIR HUDSON LOWE AND BARRY O'MEARA, ESQ.
TIIR KING V. O'MARA.
This case being called on, which was • motion for a cri-
minal imfot °Winn against Mr. O'Meara, for an alleged libel
in a wok, called " A Voice from St. Helena," and which
stood over from last term. •
Mr. C. PHILLIPS (With whom were Mr. PATTESON and
Mr. WessTWORTI? •I.llearr.d for Mr. O'Meara, and said. that
his client had yie dell to the suggestions of his Counsel, as
t a C..e inexpediency of entering into the matters contained
lu the numerous affidavits which had been tiled in answer to
the rule Nisi obtained by the prosecutot. Mr. O'dleara's
Counsel had taken upon themselves the responsibility of this
advice inasmuch as Sir Hudson Lowe's Counsel had with.
drawn from the proceeding, and proposed that the rule
shool.i.be discharged. It being agreed therefore, on all
hands, that the rule should be discharged, thequestion now
was, whether it should la• discharged with or without costs?
Tile Learned Counsel zealously contended that it should be
discharged with ales. to be taxed by the Master of the
Crown Office, considering the circumstances under which
Cue case had been presented to the notice of the Court. It
%could he recullected that two Terms had elapsed, and ten
I:rand Jules had sat, before Sir Hr. 'sou Lowe ventured to
make any cumplaint of injury to his character. The Conn,
whets the role was moved for, very naturally inquired
it liether there was any precedent far erantino information
Where the prosecutor bad so long slumbered over his sup.
j:osed injuries? Tile Solicitor General replied, that he
hnew of n one, but took the rule on condition that he should
urorluee some authority far such RA application.-1( was
will .rstoo I tts ,t the Le.atied Stancher was to twArcli for

Precedents. aro', if he fo•tad none. that the [idle was not to
he drawn up. 1;n•, nutuitlistending this condi iou, which
It Id not dc.-ti p.trfortoul. the Ital. us. Ivry .41 upon
O'Meara, titerehy i 11l ;rasing upon hint the nacessity of that
cumin ms esprit le which he hal incurred in procurine
ta, in an Arts ,trr to the charge of libel. Cordident el%
Mr. o'.olears'a Cue to.el were in the validity of the oljectio.l
a 4 to the lateness of the application to the Coon, rid they
owed a duty to Ore Court, in requiring . their client to pre-
pore adi lavi:s to meet the Kale upon the merits. Under
t'se4e circumstances, Nero urp*.l, us .the Prosecteor's
Counsel had herti, of the ne.:essi,y of prod !clog some
porcerlent, and cousiJering the enormons es rretwo shu•h
Mr. O'lleAra hot been °Wiled t.t itterte, he trusted that the
Coin, .toil) cAnsider his dieat as entitled at kart to some