[list-cumbria] Carlisle Patriot, 01 May 1824 - County Sessions (2)

[Petra Mitchinson]

Saturday 01 May 1824   (p. 2, col. 5 - p. 3, col. 5)

 

COUNTY SESSIONS. 

 

[continued] 

 

NUISANCE-STEAM-ENGINES. 

 

Mr. ARMSTRONG applied to the Court on the subject of Messrs. PORTER's steam engine. It would be fresh in the memory of the Bench
what had been done at the Michaelmas and Christmas Sessions. 

 

Mr. COURTENAY, for the defendants, said he would now call a very experienced person from Manchester to show that the nuisance
indicted was completely abated. 

 

At the suggestion of Mr. ARMSTRONG the report of the late Mr. NIXSON was read. 

 

Mr. COURTENAY.-Now, then, I proceed to show that the order of the Court has been complied with. 

 

John CRAMSEY called and sworn.-I am a bricklayer residing at Manchester, I have had much experience in making improvements for
abating smoke in steam-engines. Mess. POTTER sent for me from Manchester; and, in consequence of what I have done, their furnace
does now consume its own smoke. I tried it yesterday, it answers completely. 

 

Cross-examined by Mr. ARMSTRONG.-It is now complete; but not till yesterday. I am satisfied it is completely cured. I have seen an
air-furnace, but not particularly here. I don't know whether any thing can be done to it or not-I never saw any remedy applied to an
air furnace. 

 

Chairman.-Do you undertake to say that the inhabitants will experience no further inconvenience? 

 

Witness.-There will be a little smoke in the morning for about half or three quarters of an hour; but it is as effectually cured as
any in the kingdom. 

 

Mr. ARMSTRONG rose- 

 

Mr. COURTENAY.-Before my learned friend proceeds to argue, I beg to have the order of the Court read. 

 

Mr. ARMSTRONG.-I am going to show that there is still a nuisance-that the neighbourhood has still cause of complaint in respect to
the air-furnace. 

 

Order of the Michaelmas Sessions read:-"Referred to Mr. Wm. NIXON, he to examine the premises and report to the Sessions if the
grievance complained of can be removed by altering the construction of the furnace employed in working the engine by steam; and if
so, the alteration to be effected without unnecessary delay." 

 

Mr. ARMSTRONG.-There seems to be an opinion that the law is altered by the late act (Mr. TAYLOR's) relative to steam-engines; but it
does not at all affect the general law of nuisance. That act gives power to the magistrates to appoint some one to examine and
report if the nuisance be abated. Supposing no abatement could be made, the evil is not to stand in the way of the public; for if it
cannot be abated even without taking away the building, why then the building, I say, must be removed. I shall call a witness to
prove that no abatement has taken place- 

 

Mr. COURTENAY.-But you are wrong in your assumptions. You assume that the air furnace and steam engine are separately specified.
Read the indictment, and you will see that the fact is not so; you will find the nuisance mentioned there as a furnace for steam and
air. 

 

Mr. ARMSTRONG.-The complaint is of the air furnace; and that is not at all abated. The prosecutors wish not to be harsh; they come
not here from vindictive motives; if the thing can be made bearable to the public, that is all they ask for. The particular
authority given in TAYLOR's act does not apply to the air furnace, but to the steam engine; and that part of the complaint remains
untouched. I shall show that the neighbourhood still suffers from this. 

 

Mr. COURTENAY.-The question before the Court has no connection with the air furnace. The act does not apply to it. The indictment
against us is, that the nuisance arises "from a certain furnace for working engines by steam and air." We plead guilty to that. You
make an order, which order we obey. My friend wants to bring in the air furnace, though it has no connection. If he complains of
that, let him indict-let us know what he really goes upon, but not mix the question here to-day. The words of your notice even are,
"a certain furnace." 

 

Mr. MATTHEWS.-I don't see how that can apply to two furnaces. 

 

Mr. COURTENAY.-Not at all; if they find fault with the air furnace, they can indict us to-morrow for it. 

 

Sir J. R. G. GRAHAM.-The indictment is in the singular number, and the reference is in the singular number: one furnace is clearly
designated. 

 

Mr. ARMSTRONG.-I will call a witness. 

 

Mr. Daniel PATTINSON sworn.-I live in the neighbourhood of Mess. PORTER's works. They have not worked during the last week; but up
to that time the nuisance continued. The smoke from the steam engine and air furnace is the nature of the nuisance. The
inconvenience is materially felt in our houses; we could not leave the windows open when they were working. 

 

Cross-examined by Mr. COURTENAY.-The masons and bricklayers have been employed there during the past week. I am a brewer adjoining;
we have nothing to consume our smoke-it is trifling. The air furnace and steam engine are distinct, but on the same premises. 

 

Re-examined.-There are three furnaces and a steam engine. 

 

Mr. COURTENAY.-There is a single charge, a single reference, and on that charge I have proved a complete abatement. 

 

Mr. ARMSTRONG.-I think we ought to have some experience that the alteration is effectual. 

 

Mr. COURTENAY.-The proof is conclusive. 

 

Mr. ARMSTRONG.-Very conclusive-after judgment is passed. 

 

Mr COURTENAY.-You can indict again if incomplete. 

 

Mr. ARMSTRONG.-We knew that; but we have indicted already. 

 

The Bench retired to consider the question, end returned in about ten minutes, when the Chairman announced to the defendants, that,
in consequence of the pains they had taken, and the expenses they had been at in bringing a person purposely from Manchester, the
Court merely imposed upon them a nominal fine of one shilling to the King. 

 

 

[to be continued] 

 

 

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