The New York herald., 1845-11-14
Court Intelligence.

Court Intelligence.
GENERAL SESSIONS Nov. l3-Before the Recorder and
T,raI for N,sanee~John T. Rodman and Horace
Belden were placed on trial for causing nuisance in
West street. between Beach. and North Moore Streets
by carrying on the business of iron founders, sc.
cuton it that three or four persons owners Of
property and occupants OF houses adjoining the foundry
were the complainants in % the case. case. ,
as folowsl reside at No Ol North Moore street; the
foundry Of Rodman Belden joins my yard and in the
block the defendants carry on the steamboat build
ing and iron castings the workmen make great deal Of
noise; they furnace for the purpose Of casting
chinery; the smoke into house when the wind
blows from certain quarters in the month Of August
person from the country, on visit to my family was
have been set on fire by the sparks proceeding from the
times all night
Mr. Pmos-There is no allegation OF any noise at all
Indictment but describes the existence OF dis
agreeable smoke and unwholesome smell
Croserarnined by Mr.. PRcE.I cannot say that there
is any nauseous unwholesome smell: bought seven
lots there years ago, and built on two them the
there; have stable by. but there is no disagree
able smell Arising from it; there also public stable
same block; do not call the lard and oil factory nui-
sance; fond Of the smell OF oil; when the wind
blows from the northwest the smoke from Cofees isun
dry house; there six houses in the
block in which my own is si'uated have said that
did not beat the defendants in this Court, would sue
them private damages the building used by the
was formerly used pot ash factory there
are four iron foundries in the immediate vicinity OF my
house; the sparks soon go out alter iang IRON the
Rev MIR STARK sworn-My dwelling house is about
forty or fifty feet from the foundry sf Rodman Belden;
the chimneys are so the smoke into the
house when the windows are open; consider that my
house is sometimes in danger from the SPARKS on Mon
day evening leaves in the yard set on fire by
the sparks; have never been in the foundry do not
what they burn in the furnaces believe the sparks
SAMUEL WEBB sworn-I live at 90 North Moore street;
the of my building close to the foundry my am
annoy by the noise and sparks proceeding from
the foundry; servant Of mine had dress burnt by
sparks which had fallen upon it man at work for me
put the fire; when the engine in the foundry is 60
Thomas G,LL sworn-One day while at work for Mr..
Webb at his house, smoke came into the window SO that
obliged to shut the windows; on another occasion
discovereda dress fire, which put out did not
| see the cinders that set it on fire.
| Clarks livery stable the foundry Of Rodman
| Belden; the sometimes; do not know
that have sparks coming from the foundry
| chimneys.
Cross era,.ined-I am annoyed by unpleasant odors
arising from the livery stable sometimes
| Isaac FosrER sworn-I live in North Moore street,
near the foundry the house is sometimes hled with
closed; have got my house covered with tn so that
cannot take fire. am not annoyed with any odors from
the foundry the noise o. the s hn son
work by about oclock other foundries get through
about 8.
stable situated in the vicinity Of the oundry when the
wind blows from the westward smoke comes into the
|
| The prosecution having rested,
WIN. M. PRIcE, Esq, and opened the case on the
a h voune men who had but re-
Gently embarked in the they had leased
the OF ye I'm thu .ney sh
ment and the consequence OF conviction must De To-
tai destruction of their business and further that the
Court in ofa conviction had power to nfict ne
and imprisonment for the offence He therefore, desired
proceed with caution in the matter In the first place
then in the small space of block in which this alleged
nuisance IS situated we find four foundres, lumber
yard, and an oil and lard factory Mr. Price then pro
a backsmiths shop, tallow chandery, or butchers
shop not nuisances carpenters shop had been
nuisance as also nad n c,H c0a S maria take
and where is city city made Of mere tnsel-the
will have the air as pure the God Of Heaven made it,
let them retire to tn Dir villas in the country but in the
city cannot have such blessings In 1877, benjamin
Prescott indicted and tried before Judge Bradford
setting up dstilery the operation Of which was
think il was situated Why gentlemen ii was in
Broadway near White street. and yet in regard to that
that in accordance with his views there were other nu
pernicious to health than dstllery and
mentioned blacksmhs shop and poters kiln, as be-
ing of that character
Mr. Price then went on to explain the difference be-
tween public nuisance and private nuisance, and con-
tended that the private nuisance and
that the comanans ought to seek redress in the proper
court. In illustration Of this position he referred to
in which students at law, occupying chambers
in Cfords Inn prosecuted a tinman for annoying by
the sound of his hammer and other implements used
him, alleged that they unable to pursue their
sudies in oft noise made by the tinman
and Lord Eenborough decided that was not public
nuisance set forth butsa private and that the in
dctment could not be sustained and the accused was ac
cordingy acquitted.
number Of highly respectable witnesses were then
called for the defence They testified that the utmost
caution taken in conducting the foundry Of the de-
fendants that the defendants with view Of removing
all Of complaint of those residing near the foundry
had caused the chimneys be built much higher in or
carry the smoke over their premises; that wood
necessarily used every afternoon for the purpose Of
Fighting the fires Of anthracite coal in the furnaces and
also that in Of accident to boat they occasion
ally worked until late hour for the purpose OF repair
ing damages and sometimes they were led to work on
the Sabbath when it work Of apparent necessity
Mr.. PRicE then made brief but very able and eo-
quent appeal to the Jury in behalf Of his clients
He was followed by the District Attorney on the part
of the prosecution fhe Recorder then explained with
great cearness the peculiar features Of public and pr
nusapces the points Of law as applicable to the
case after which the subject submitted to the jury
Who after brief absence, rendered verdict OF not
guilty.
trial fer libel John Horspool published in newspa
per entitled the SLranean of which the accused was
the time editor and proprietor The alleged libel set
forth that Mr. Horspool had been in the habit OF letting
means he had accumulated large fortune The case
had not been brought close before the Court adjourn
ed until tomorrow morning.
Case of Polly Bodine.
Circuit Court.
Before Judge Edmonds.
Nov l3.-The Court met at the usual hour, ana the
prisoner took her seat near her counsel looking very
much detected and worn. ~
The CouRr remarked that the apparent mpossibility
Of getting Jury who would be competent to try the
cause induced him to oome to such conclusion In max
ing such suggestion he felt that he rendered himself