[list-cumbria] Carlisle Patriot, 18 Oct 1823 - Cumberland Sessions (1)

[Petra Mitchinson]

Saturday 18 Oct 1823   (p. 3, col. 2-4)

 

CUMBERLAND SESSIONS. 

 

The County Quarter Sessions commenced at Penrith on Tuesday, before F. AGLIONBY, Esq. and a Bench of between twenty and thirty
magistrates, among whom we observed Lord LOWTHER, Hon. Col. LOWTHER, Sir P. MUSGRAVE, Sir James GRAHAM, M. P., Rev. Chancellor
FLETCHER, Thos. WYBERGH, Esq., J. R. G. GRAHAM, Esq., Rev. Mr. MATTHEWS, James FORSTER, Esq., Rev. H. LOWTHER, Richard WATTS, Esq.,
T. H. GRAHAM, Esq., William BROWNE, Esq., Richard FERGUSON, Esq., E. W. HASELL, Esq., Thos. SCOTT, Esq., William HEBSON, Esq. 

 

Mr. BUCHANAN, of Penrith, was foreman of the grand jury. Counsel present, Messrs. COURTENAY, ARMSTRONG, AGLIONBY, and SOWERBY. 

 

Wm. JAMES, Esq., of Barrock Lodge, qualified as a magistrate for the county. 

 

The conviction of HEBSON, the weaver, for illegally purchasing weft (see preceding article) was quashed on the ground that it was
alone supported by the evidence of BARKER the approver. 

 

NUISANCE. 

 

Messrs. R. W. & R. PORTER, iron-founders, Carlisle, pleaded not guilty to an indictment found at the last Sessions, for a nuisance,
arising from the smoke of their steam-engine and iron-machinery, near Backhouse's walk. A great many witnesses were present on each
side: altogether, we believe, upwards of thirty.* 

 

Mr. SOWERBY, in opening the case, said the indictment charged the defendants wish setting up a steam-engine, the smoke of which
caused the nuisance complained of: the second count charged them with continuing the same. 

 

Mr. ARMSTRONG.-It falls to my lot to state more at large the nature of the complaint, gentlemen of the jury, which my learned friend
has opened to you-- 

 

The Chairman.-Can there be no arrangement in this case? We all think such a course desirable. 

 

Mr. COURTENAY.-The defendants, my clients, from the first day of the complaint, have expressed their willingness to make any
alteration that the complainants might suggest in a proper spirit; and they are now ready to do the same. 

 

Mr. ARMSTRONG.-As far as this goes I can have no objection, because the defendants themselves have the power of respite till the
next Sessions by pleading guilty. 

 

Mr. WYBERGH.-The way in Yorkshire, where there have lately been several proceedings of the same kind, is to plead guilty, and then
let the matter stand over till the next Sessions, the defendants in the mean time doing that which is required of them. 

 

Mr. COURTENAY.-We are willing to refer the matter on proper terms,-but not to be left at the mercy of the prosecutors. Let some
competent person be appointed to decide; if the Court fix upon any one, we are willing to put an end to the nuisance (if it be one,
but I only call it so for the sake of the argument, and do it without prejudicing our case) in the best and speediest manner that
can be devised. 

 

The Chairman.-I think this can be best done by pleading guilty, judgment to be respited till next Sessions. 

 

Mr. COURTENAY.-Let it be so. We plead that the Court may appoint a proper person. 

 

The Court named Mr. William NIXSON as a referee, to which Messrs. PORTER instantly agreed; and they withdrew their former plea, and
pleaded guilty. 

 

The Clerk of the Peace was then directed to enter a  minute to this effect-"Referred to Mr. William NIXSON, he to examine the
premises and report to the Sessions if the grievance complained of can be removed altering the construction tire furnace employed in
working the engine by steam; and if so, the alteration to be effected without unnecessary delay." 

 

Mr. ARMSTRONG now applied to the Bench for expenses on the part of the prosecutors. They were led to suppose, he observed, that the
defendants intended to contest the point, and therefore had brought to Penrith a considerable number of witnesses at a heavy
charge.-He read a clause from the new Act of Parliament for the regulation of steam-engines, and prayed for costs in this case in
the spirit of the clause which allowed them upon conviction, which, he said, was strictly referable to the present question. 

 

Mr. COURTENAY.-I submit that my learned friend ought to state some grounds for this application; at present he has not done so. How
can he call upon the Bench to put the act in force? Have there been any vexations on our side? Quite the contrary. If he persists, I
shall prove that some of the defendants have offered to do what they have now agreed to, before the bill was preferred. 

 

Mr. WYBERGH.-This is certainly no case for costs. The defendants have behaved extremely well; they have complied with every
suggestion of the Court. 

 

Mr. ARMSTRONG.-The question turns upon the act, and not upon the conduct of the parties. The Court must judge by looking at it in a
large sense. 

 

Mr. COURTENAY.-Then I shall call evidence to certain facts bearing upon this matter. 

 

Mr. WYBERGH.-It would be hard to saddle them with costs: there is no reasonable pretence. 

 

Mr. Wm. PORTER sworn.-When the complaints were made, he called Mr. HENDERSON's office (attorney for the prosecution) before last
Sessions. He observed to that gentleman that he understood a bill was to be preferred, and he expressed the willingness of the firm
to do all that they could to remove the cause of complaint. He told Mr. HENDERSON that he was going into Lancashire where he would
look out for the best mode of consuming the smoke, and that all that was wished should be done. But the answer was, that nothing by
way of arrangement could take place. 

 

Mr. Robert PORTER sworn.-Mr. HENDERSON's father named to me that he was annoyed with smoke, and I went to Mrs. HENDERSON and said it
should be removed if possible; this was the day before the bill was preferred. We were very willing to do it. 

 

To a question by Mr. ARMSTRONG, Mr. R. PORTER answered, that he did not know that he was applied to by a Mr. LOWRY.-To another
question Mr. Wm. PORTER replied: we never received a letter from Mr. CONNELL mentioning any thing about smoke. 

 

Mr. ARMSTRONG.-I have only to say that it is for the Court to decide. The question was put, and the Magistrates (upwards of a dozen
in number) unanimously disallowed costs. 

 

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* An amusing anecdote, in reference to this nuisance, is in circulation.-A washerwoman in Backhouse's Walk put out a washing of
clothes to dry; the smoke gathered around them, and she had to consign them a second time to the bucket. To avoid repetition of the
disaster, she determined to dry them in her house with closed doors and windows; but the relentless smoke entered the key-hole, and
rendered another appeal to the suds indispensable!! 

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[to be continued] 

 

 

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