The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-26

lying the foot Of Market street The Magistrate
fined him S25 for the offence which was paid BY the
captain, and he was thereupon discharged
Court OF Oyer and Termincr.
Before Judge Edmonds, Aldermen stoneall and Comp
ton.
March 25.-Nuisanee Cas.-71e People r.. Robert
Elder-Ths indictment found against the Butch
the Association erected furnace at the corner Of attn
street and the LIST avenue for melting aow From the
became dissatisfied, and they laid the before the
Grand Jury, who found true bill The case came on
yesterday Mr. Joseph Blunt, behalf Of the people,
opened the case He said this was of those
which is important to the whole deeply
its effects upon their health and property, which would
appear to the Jury, from the testimony that would be
the dscomos danger and pocunarv io. to The psepis
in the neighborhood and when any establishment pro-
ducss these effects. i was a nuisance but hspPily,
pie protected BY il against nuisances and Of the
very best principles of It. s that i will not even allow
neghboa that is done steps in and directs
ito abatement Mr. Blunt here laid down the law regard
American ami English books, in support Of his
view OF the subject He said that when the
about to erect this establishment they waited on them
and demonstrated the improperly Of erecting it, and
the danger to the health and the pecuniary loss tn at
would result to the inhabitants from Carrying that
trade; but they were met by positive refusal, the
part Of the Association dess He made some further
witnesses to prove the nature Of hs nuisance and it,
effects upon the neighborhood. Amongst other wit.
examined min an old JO;:
smell from the defendants estabshment it seemed to
him as il the whole neighborhood boiling bad
sages; and dense was the SMELL I've suppose the wit
meant vspor that it could be caught in handsfu
every morning; he considered that long the smell
low fever would ever mako its appearances in the neigh.
borhood After the examination Of about dozen other
witnesses, the case for the people wa: rested. The
the ground that the allegation in the Indictment
not sustained by proof the allegatio being that the
whoIssoa i; hsrsas there was no proof but that the
substance melted fresh and wholssoms aad there
dictment
Couar.-Ths substantial charge IT, that a noisome
smell the nuissncs and not the melting Of the fst-
does not matter whether the SMELL IL il be noxious il
created BY the melting ofsound or unsound fatthe nui
sance Is the The application denied and the
Mr. CLAsr opened the defence. and rested upon the
Of men, had right to follow bis their pursuits in
any legal way that they might judge best for their own
were no. guilty Of the stated in the
dictmen Thirdly that the business carried in the
establishment was not unhealthy; on the contrary, they
more than ordinary share q animal health; and fourtSy
that there were EIGHT slaughter houses thewar
and twenty four Of them Ia this neghborhood against
which no complaint was made and, filthy that the de-
PENDANTS took every pecaution to carry the business
Win tne least possible danger TO the health and comfort
Case OF Colonel Thomas-Libel.
WARRINGTON. March %, 1885,
CRIMINAL COURT.
Before Judges Cranch, Morsell and Dunlap.
United States vs. Thomas.-This important cause, be.
ing set down for this Of the Court and. being
generally rumored that the trial fixed for this day
Of Sons o Il viii b
has obtained considerable celebrity from the fact Of his
conversion With dvorce case involving seris: Of do
rounds Of the press In connexion with these family
troubles, the defendant. it - alleged, published PAM
public men IN Congress and families Of dissincsion in
ton defendant was indicted for libel and the trial was
set down for hearing in another court when in
The wa. Changed and the case Wa.
set down for trial on the calendar Of this court
At O'Clock the Justices took their seats upon the
bench whom the March term Of the court formally
opened.
Mr.. Josrs hersupon applied to the court and begged
the postponement Of the Of the Unites States
Thomas, which, by mutual consent, he stated, It was
agreed should be fixed for the lt May next.
The cS.sT granted the application
Somehow occasions were made to the bar by the
admission Of some seven or eight qualified members,
when, after the disposal Of routine business the
court adjourned.
NB.-FRaM rHr RkroHrKa.-while strangers in the
tbs good citizens Of washington. few can deny but
there scarcely city In the Union whore the goodly
auth0rles require more 10 mend their ways" Not to
talk Of the eternal dust Of avenue the mud
dy Streets the absence Of lamps &C., the many nui-
sances that exist in the city Of magnificent dstances II
the broken and ricketty sepsthe wreched exterior Of
the criminal be evidence Of the inner purity Of
this temple Of the law in Washington, would ad-
wise suitors to look for justice elsewhere. The steps
and general front outside have the appearance Of
demnsd prson for the execution of convicts Az pub
lie building, it is dscrsdtsble to the metropolis the
frequent subject Of rdicule to every locker and,
while appropriations squandered for many idle pur.
poses: keeping the in mud and attn, and pay
ing idle oafeis for idng about it, without doing any be-
neft, three fourths the expenses would put decent
front to this public court whore justice administered
almost weekly. Why not some move DO made In II II 10
Marine Court.
Before Judge Smith.
MARCH 25.-John barley vs. John L. Moore.-This was
IN action brought to the amount Of $67 So for
sundry articles of wearing apparel furnished the do
PENDANT the past The plaintiff 10 draper and
tailor doing business at lac Broadway Of Liberty
street; and appeared the part Of defence, made
certain overtures 10 one Edward 6herman upon which
he entered into sort Of partnership (no written agree
mont however made) with the plaintiff 10 this suit
at this time he was boarding at the Crotcn HOTEL Got
which the defendant proprietor, and with Whom an
understanding made, that Shermans bill was 70 %
paid IN clothing from this joint establahmsnt The oi
Of Mr.. Moore was at length made OUT and charged 70
Mr. Edward She rman, and credit Of this amount was
made 70 Mr. Moore, and his account balanced subss-
20 vnisu dnrntn