New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-04-03

Court OF OYER AND TERMINER.-Before Judge Ed
mond5 and two Adermen.-Thc alhdSed Nuisance Case.
The trial of the indictment against individuals,
trustees of the Butchers Melting Association charging
them with creating nuisance by the melting of fat
OF stavepue and Fourth.st. having caused consid
cradle pubic interest, we give brief view showing the
principal points of the Judges charge.
No improper motives. the Court said to be atrib
ued to the association in erecting their establishment
where they did, or in the other parties complaining fit
The business of melting fat carried time
in different parts of the CITY, and the association erected
their establishment in neiehborhood where it
less densey populated and where there already
number the Judge said OF nuisances So they
right On the other hand there number OF gentle
having residences In the neighborhood who believe
the vapor which proceeds from the melting house to be
unpleasant and unwhoesome, and make their complaint
they justified in doing. If it private nu.
it would be liable to private suit but public
nuisance can only be reached by public complaint. Per-
suffering from public nuisance have three modes
of remedy lst by indictment, in this case; 3D. by
injunction from the Court of Chancery or Sd, to go
with strong and tear down the building. How
much better it is for parties to ill., these
have done. rather than exert their personal force.
1t 10 old rule that any person has right TO
nuisance-the persons in the neighbohocd have right
go and abste itand the is that may take
long, oftenmes. by which injury would accrue
the parties compelled to delay. There n
Albany in which building occupied by a very large
number OF families, which became nuisance was torn
down by the neghbors after warning the parties quit
and the Supreme Court suit being brought,
held that the reighbors Justified As 10 fine and
imprisonment which could be imposed upon defend
the Of verdict of guilty the counsel for
prosecution have distinctly stated they do not seek
suit but merely removal of the establishment that
the jury need heed the appeal OF counsel them
that hesd-and the punishment besides is thing with
which the jury have nothing TO do but they say
whether this is Is nuisance. The defendants
are charged with having erected establishment the
conducting of which the air be impregnated
and the dwelling houses in the vicinity be rendered
unwhoesome The defendants plead not guilty and the
jury from the evidence, must decide between them
public nuisance Is such Inconvenience annoys the
whole ueghborhood There many kinds OF nusances
described by the Court. There Is another kind
which 10 under consideration, which relates
to current in the air which Is made unwholesome
uncomfortable. Every man has right TO enjoy
pure ART Is one OF the gifts of nature with which
ene has right 10 interfere. Living in city
like this. subject 10 great many Duisances yet they
do not deprive US of rights and any person who
corrupts the air. to render impure unwhoesome
uncomfortable. TO the neighbOrDg inhabitants,
public nuisance. No has right 10 act with
his property annoy his neghbors at least he
is bound annoy them ittle possible. An inquiry
will also arise whether an establishment complained Of
a nuisance and unpleasant 10 the dwellings in the
neghborhood, erected after the district became in
hablted before IL the latter II will be hard to convict
In order create nuisance II necessary that the
air should be rendered unhealthy-its enough that 1t
renders the enjoyment Of life and property uncomforta
ble The Court alluded to the testimony. IL appears
that Il cent about 1900 lbs per day. escapes in
vapor and the bad air arising from the vapor Is stated
by chemists be caused by the minging Of the water
with the fat but why it is they canno, say number
annoy thern-others stated that annoyed them very
much and some that il makes them sick. The Jury
TO determine As the idea Of the trade being injured
by verdict of guilty, that so be considered
the most probably that will by the removal will be
little trouble in carrying the fat 10 new location.
II the defendants In locating their establishment where
they did, made the air any than 1t before they
liable The Court gave an instance OF brew.house
Brooklyn which was indicted nuisance, caused by
mkmen's carts congregating their 10 get sw from the
brewhouse and the Supreme Court held that although
he nf WA
nuisance for which the proprietor liable, and must
be remedied.
The given to the Jury about halfpast 6
o'clock on Wednesday evening. who after few minutes
consultation returned verdict OF guilty. We under
stand they were unanimous for such the first ballot
The counsel gave notice Of appeal.
CouRr OF OYER AND TERxTSzR-Case of Pouer-
The District Attorney moved that this individual be re
committed to the State Prison and the Clerk asked him
what he had say why ], should be done Mr. Ora
ham, In behalf OF she prisoner denied Jurisdiction in the
Court 10 commit the party present-denied that he
the Potter sentenced, &c. and demanded issue Mr..
G. was allowed TIL this morning put in plea showing
cause, &c.
CIRCUIT CouRr-Judge Edmonds announced tina. his
term will expire after week and except the OF
Mccarthy rs Hodges faction of eectment relative to
the Carlton HouseJ brt short causes will be taken
up the remainder of thc term
COURT OF COMMON PLEAs-Before Judge Daily.
-Caarks Ferguson Vs. EdnsRnd CctFs-Action for false
Imprisonment Sc referred yesterday. For defence,
while it is admitted that Mr. Ferguson guilty OF
what imputed him il Is contended that there
probable cause for what was done by the hrn The
store had been fred and larceny committed. Plaintiff
locked up the that evening coming with Macy
aud others; and although Macy finally indicted for
the offence the circumstances were such as rendered
the duty of Mr.. Coffin take the course be did rather
leaning toward plaintiff than strongly urging the case
against him. To be continued this forenoon.
Court Calendar.
COMMON PLEAs-fhis Day.-Part ]. Nos. 1879 l5T. l5o
l6l l63 l65 1877 2Ti leg Ill. Part 9. Nos. p 90 ia
lls l26 l2e l4 I5o los go La, IT, 1856 CO. 30, no.
100 1873 1874 g.
cmcv1T CouEr.-No Il. lao cases per day win be