WEST BRITON AND CORNWALL ADVERTISER NISI PRIUS at SPRING ASSIZES 4 April 1851 BODILLY v. THOMAS (Special Jury) - For the plaintiff, Mr. COLLIER and MR. PAULL; attorney, Mr. J. N.R. MILLETT; for the defendant, MR. CROWDER; attorney, Messrs. HODGE and HOCKIN. This was an action for breach of promise of marriage and the damages were laid at GBP 1,000. Mr. Paull opened the pleadings, and Mr. Collier stated the case. The plaintiff was Miss ELIZABETH BODILLY, of Penzance, and she brought this action against MR. THOMAS, of Truro. [The history of an engagement of about nine year's duration, which the defendant commenced and was assented to by her - which she had been ready to keep, but which the defendant violated. .... The defendant, MR. THOMAS, is the son of Mr. THOMAS, who now lives on his property at a place called Bridge Cottage, Truro. "He [the father] was formerly the editor of the West Briton, but he does not seem to have intended his son for a literary life; he placed him with Mr. PENTREATH, a grocer at Penzance, to learn that business. Whilst there he became acquainted with MISS ELIZABETH BODILLY. They were then about the same age. Miss Bodilly was at that time a young, blooming girl, and had never experienced the trials of life. Mr. Thomas met her at a pic-nic party, handed her over stiles, carried her parasol, and paid other little attentions which are so attractive to ladies at pic-nics. After this he continued to visit at Miss Bodilly's father's, and was received as the suitor of Miss Bodilly. After a time she became somewhat indisposed to receive his attentions, because she understood that his father was averse to the match; and unquestionably his father had always been so from the first. He (Mr. Collier) was not aware, however, that Mr. Thomas, senior, had any reason whatever to object, except from the want of fortune on the part of Miss Bodilly." Testimony was given regarding the engagement, which took place in 1840 over the objections of Mr. Thomas, senior. Eventually, Mr. Thomas, jun. convinced Miss Bodilly that his father would never leave him money, and he suggested they wed "unknown to his father." The young man represented to Mr. Bodilly that his father was impracticable, and Mr. Bodilly was induced to give his consent to the union. A letter was afterwards received from Mr. Thomas's father declaring his objection to the match, and Mr. Bodilly was induced, by young Mr. Thomas, to write his father suggesting the engagement was off. This was in June, 1842. Portions of over 300 letters were entered into evidence, from July 14, 1841 to 1848. In 1843 he wrote "My precious Life - I'm sure, my dear, no two persons ever loved each other with more sincere and devout affection than we do. Would to God that I could do as my heart dictates, we would not be long asunder. I feel as if I could go to the other side of Jerusalem so as to get away from home. I can't go out of the house without being watched. ...." At that time, Miss Bodilly commenced addressing her letters to him to Mrs. ROUSE, of Truro, for the purpose of concealment from his father, at the young Mr. Thomas's request. Mr. Thomas, jnr. then denied himself the pleasure of seeing her because his father was suspicious of their correspondence . -[Throughout the correspondence, he addressed her as "ELIZA" , and "Lizzy", until 1847 when it became "Elizabeth". In 1843, he wrote "I have only one wish, my love, and that is to live to make you happy." In 1844, he noted his 24th birthday, and that hers was coming, too - and signed it "your deeply affectionate husband, J. Thomas". In 1846, "Dear Lizzy, I am in receipt of yours of the 14th instant, but am really at a loss how to make a reply. It is quite plain to me that situated as I am at present with respect to my affairs, my father having so much hold upon my property in a variety of ways, it would be madness for us to think of being united... ..Let us hope next year will bring a change..... Yours, J,. Thomas] In 1847, "Dear Elizabeth - I have made I suppose a dozen attempts during the last four months to reply to your two last letters, but Christmas being my busy time, ... I have been obliged to defer it week after week. " Then in 1848 came the following: "Things have taken such an opposite turn to what I anticipated a few years ago, that it would now be the greatest folly on earth, and certain misery for both of us, to be untied whilst my father is so opposed to it in every way. You know as well as I do, that I am entirely dependent on him, and it would therefore be ridiculous for me to fly in his face; therefore, dear Lizzey, for your future happiness, as well as my own, I think we had better drop the correspondence. I am, Lizzey, your unhappy, J. Thomas." Mr. Thomas then married another lady. The defendant had had GBP 3.000 fortune with his present wife, and now carried on an extensive grocery business. -MISS MARY BODILLY, sister to the plaintiff, in 1840 resided with their father, a glazier, her brother, and her sister, at Penzance. My sister is now twenty-eight years old, to the best of my knowledge. In the autumn of 1840, I and my sister went to a water party. Defendant was there also; he walked home with my sister, and paid her considerable attention. .. . she then stated much of what had been presented in the address by Mr. Collier, above. She said in 1842 the defendant threw the letter his father wrote Mr. Bodilly into the fire, then dictated a letter which he had signed by Mr. Bodilly and sent to his father. By 1842, defendant said he could not get a [marriage] license because he had not lived in Penzance long enough, nor could they be married by the Registrar for the same reason. He said he could not wait the necessary time because he had a situation in view. He said on his return he would marry her in spite of any one. He visited Penzance often, and stayed at her father's house; made her sister many presents. In 1846, her sister received an anonymous letter, which seemed to be in defendant's handwriting; it described his 'wildness'. It was written as if a young lady wrote to my sister, and had been directed to the post office. The purport of it was, that she pitied Miss Bodilly if she should have him. During this time, her sister became ill [from English cholera] and witness destroyed other anonymous letters that came for her sister, without showing them to plaintiff, to save her upset. Could not say how many. When cross-examined, said she was aware of a letter in 1842 from defendant's father, but had not read it. Defendant threw it into the fire. xcc -LOUISA HOSKIN - knew Miss Bodilly for a long time; knew of the engagement between Mr. Thomas and Miss Bodilly. Lives at Redruth; saw the defendant when he had a house and shop in Truro; it was unfurnished, and he asked her to come upstairs to look at it. He then asked her for her sister's address in London, and took out a letter which he said was from Elizabeth, on which he wrote her sister's address. "I remarked they were nice rooms; he said one was intended for Elizabeth and himself, and the adjoining one for the boys. (Mr. Crowder - Aye, aye, the shop-boys, of course.) By Mr. Collier - has defendant ever said anything to you about the engagement being broken off? No. Has he ever said anything to you about his having asked her to do something? He said he had written her to discontinue all further correspondence, but that she would not take the hint; defendant has a respectable shop in Truro." -Mr. GEORGE DANIEL - Lives at Truro, not far from the defendant; he keeps a grocer's shop in St Nicholas Street; it is a "tidy" shop; thinks he has got his share of business; believed he was one of the principal grocers in the town; knows the lady he has married; she stands very well for fortune. Cross-examined by Mr. Crowder - did not know that she had GBP 500, and that the whole was settled on herself; knew nothing about the amount. For the defence, Mr. Crowder alleged that plaintiff did not need to enter so many letters into evidence; it was done to prejudice the jury and embarrass the defendant. The length of the engagement was misstated; it had only lasted seven years, not nine. The fortune of defendant's present wife had been grossly misrepresented; she only had GBP 500, not GBP 3,000, and it was all settled on herself; not a farthing of it could be touched. , The defendant had acted with the most perfect sincerity towards the plaintiff; the engagement had existed, had been broken, and the only question to determine was amount of the damages. They believed it had been terminated in 1842, or at worst 1847. The action could have been filed in 1847, but plaintiff had waited until he married. The action was filed in December, 1849, so it would annoy defendant's whole family. Had they married in 1842, defendant must have become a bankrupt, have passed through the court, and she would have been miserable and wretched. It would have been a most rash act, for they could not live on love. There was not a tittle of evidence to show that he had any further means of supporting a married life, from 1842 up to the time of his marriage. There was no charge of his attempting to deceive the plaintiff. Therefore, he [Mr. Crowder] did not think damages should be awarded which would be ruinous to the defendant. The jury should endeavour to do justice to the plaintiff, and at the same time to do no ruinous injury to the defendant. The jury retired, and in about half an hour returned a verdict for the plaintiff, damages GBP 130. MANUFACTURE OF ARSENIC - QUEEN v. GARLAND (Special Jury) Mr. CAROPENTER ROWE and Mr. KARSLAKE for the prosecution; attorney, Mr. TILLY. Mr. CROWDER and Mr. MONTAGUE SMITH for the defendant; attornies, Messrs. SMITH and ROBERTS. In this case the defendant, Mr. Thomas GARLAND, was indicted as managing partner in a firm engaged in the manufacture of arsenic at Perranarworthal, for creating and continuing a public nuisance. Mr. Rowe said the case was one of considerable interest and importance to the inhabitants of that neighbourhood; and involved also a general question of great importance to the public, - that being whether any man, whatever his position, had a right on his own property, to carry on a trade which was detrimental to the health, well-being, or comfort of his neighbours. Perranarworthal is situated between Truro and Falmouth; it is an agricultural parish, and he was told that the population was considerably above the population of many other agricultural parishes in this county. About 1815, a Dr. EDWARDS, a skilful chemist, established some arsenic works in the parish; but at that time it was of small extent, and carried on under the auspices of a chemist, who was well acquainted with the practice, little or no complaint was caused in the neighbourhood. It was not until 1830, after the death of that gentleman, when the works came into the hands of other parties, that any complaint was made. After that, the works were discontinued; but about 7 years ago Mr. Garland went on with the business, and about three years since, the works were considerably enlarged [Mr. Garland built 3 chimneys, with necessary furnaces. They were not very skillfully built, with the result that they were emitting considerable quantities of a very deleterious and deadly drug, the white arsenic of commerce. It was a nuisance, destructive of the vegetation and the cattle in the neighbourhood; and he averred that MR. THOMAS, the prosecutor, had not been in any way actuated by sinister views in instituting this prosecution. This indictment had been moved by certiorari, to the Court above, and now came down to be tried on a writ of nisi prius. After some further remarks, he called -The Rev. FRANCIS WRIGHT, who stated he had been vicar of the parish of Perranarworthal for about four years, but had not resided in the parish more than fifteen months. The extent of the parish was about 1,700 acres, with about one person to each acre. The arsenic works in question were situated near Mellingye Creek, in a valley which runs to the village of Perranwell. (Plans of the locality produced.) There are several houses in the immediate neighbourhood of the works, and public roads, and there is a church path passing near the works. There is a road above Mellingye Creek which was the old road from Truro to Falmouth. Last autumn, and during part of the winter, I went several times to visit Captain RICHARDS, who was then very ill and has since died; he lived in a house close to the works. The vicarage is on the south, about half a mile from the works. Before going down I always observed which way the wind was blowing. The chimneys were at times throwing out a great deal of smoke. When I observed the wind, I have on occasions made a circuit of double the distance of the way I might have gone if I had not wished to avoid the smoke. I have never personally experienced any effect of the smoke, because I have always avoided it. Have seen the smoke lying along the valley. The bushes looked blackened, with a deposit of white on them. Mr. Crowder objected to this part of the question - the nuisance alleged in the indictment was "arising from burning and melting crude arsenic for the making of arsenic, whereby noisome and unwholesome smells arose, so that the air thereby was greatly corrupted and infected." Whether trees were blackened, or cattle affected (as stated by Mr. Rowe in opening the case) was not material to this question. A distinct kind of nuisance had been alleged, and to that the proof must be confined. The Court thought the evidence admissible; prosecution was entitled to show the character of the vapour from its effects on animals and vegetables. -REV. F. WRIGHT's examination resumed - The trees and bushes were blackened, with a deposit of white on them. I also observed the herbage; it was unhealthy looking chiefly so in the neighbourhood of the works in the valley; I should say decidedly the land in the neighbourhood of the works is injured. In the beginning of this month, I saw some cattle of Mr. Carlyon's dead; saw the contents of the stomach, and in consequence of the opinion I formed, communicated with Mr. Garland at Mr. Carlyon's request. Mr. Garland's response was that he would take the case into consideration. -RICHARD THOMAS, civil engineer residing at Falmouth; copied the map produced; had lived in this parish a great many years, but had been obliged to leave. There were ten or twelve cottages in the neighbourhood of the works, and the valley is allotted into closes for agricultural purposes. The land is very variable; a great deal has been inclosed within the last twenty or thirty years; other farms there were more ancient; his father's estate had been inclosed since the time of James the Second. After Dr. Edwards's death, the works were carried on by a firm, of whom Mr. PAUL WILLIAMS was one. I lost a cow, and had another very ill, and called in a farrier. After that the works were discontinued; then the present defendant took them... Before he entered on the manufacture, I saw him at Falmouth, and [told him about what had happened. Mr. Garland reassured witness he would take care the works should be carried on without any annoyance.] Did not experience any great annoyance until the new, taller stacks were built. There is a very great difference as to the quantities of smoke coming from the chimneys; they emit immense quantities, night and day, all the year round except Sundays. When there is a light wind, the smoke spreads out a great deal in the valley; and has the appearance of fog; it gives a shocking bad smell. My own residence at Mellingye is 200 yards from the works; when the wind is south, the smoke from the chimneys comes directly over my house, and spreads over the place. It comes into the house and obliges the windows and doors to be shut. [Had had cattle and horses sicken and die after grazing in the fields near the factory, which were examined by a farrier and by MR. WEBBER. Told Mr. Garland about the horse, and he offered ten guineas in compensation. Witness replied he'd like to consider the offer; had to intention of accepting. Another horse died last Christmas. Let his farm "all run to hay", which was saved and ricked; sold off all his stock.] The effect [of the smoke] is injurious on the trees and vegetables. We do not plant any vegetables now except potatoes, they growing under ground. The fruit trees are most affected; the blossom is prevented by the smoke from coming to maturity. I pointed out my haystack to Dr. Jago and Dr Vigurs, of Falmouth. The Court then rose. FRIDAY, MARCH 28 - before Mr. Baron Martin Cross-examination of MR. RICHARD THOMAS, by Mr. Crowder - remembered his father building the house at Mellingye; there were no arsenic works there at the time. Witness went to live there about twenty years ago, and continued to live there until within the last year and a half. Had considered the works to be a public nuisance ever since arsenic had been made there. Burning coal or sulphur was annoying, but he should not take the trouble to complain about that; it would not kill his cattle. The first time he went before the magistrates was in October last, but he had threatened as long ago as Mr. William's time, after he lost some cattle. There were twelve or fifteen people living close by the factory with their families, all employed by the arsenic works; had not brought up any of these people [as witnesses]. Did bring some others from the neighbourhood who were not so employed. Had been obliged to go out of his own house and afterwards shut the windows down to keep the arsenic smoke out. The arsenic smoke was destroying trees all over his property. Believed the grass was poisoned, although it continued to grow. Believed that all the people about there were suffering in the same way. Re-examined: Witness's father and himself had laid out about GBP 3,500 on the place; the greater part was laid out by his father, before the arsenic works were built. The nearest point of the old Truro and Perranwell road to the factory was 300 yards distance. The distance from the factory down to the new turnpike road near Basset Wharf was 700 yards. There was besides the roads, a public footpath near the factory. By Mr. Crowder - Had himself laid out about GBP 800 on the house about sixteen years ago. Himself as well as other people had landed ore-weed at the bottom on the road, at Tarn Dean. -SARAH SIMMONS, servant to Mr. Thomas, lived on the same side of the old road from Falmouth to Truro, as Mr. Thomas's house, at Mellingye, and went to his house every day to take care of it. When there, had felt very much the effect of the smoke from the arsenic works. Had generally a very bad cough from the smoke blowing into the house; could not say what the smell was like; it was very bad indeed. Could smell it when at the cottage where she lived, as well as at Mr. Thomas's house. Had been obliged to move clothes when put out to dry to some land on Mr. Thomas's on the other side of the turnpike, in consequence of the arsenic smoke blowing on them. The clothes kept the smell of the arsenic all day. In going to Devoran market, had smelt the smoke on the new turnpike road, at the distance of nearly three quarters of a mile from the works. The way to Devoran was along another valley. Had seen the smoke from the Bissoe valley come over the hill and into that other valley. The smoke was visible when she smelt it. It was white smoke. The smell which she had smelt along the road to Devoran was the same as at her own house when the wind was blowing from the works. -HENRY RICHARDS, who lives at Devoran, formerly worked for Mr. Thomas for six or seven years. Left his service about fourteen months ago. Remembered some three years ago some alteration being made in the arsenic factory; four or five new chimneys were built and a new calciner was built. Since that time there had been five times as much smoke as formerly. When with Mr. Thomas, it was his business to work out on the farm. When the wind blew that way there came up from the factory a smoke that would choke a man. Had been forced to put up his hand to his mouth; and had gone away and left the "stinking old trade." (Laughter) Wished he had never seen it. Used to go out of the way of the smoke to higher ground. Had been employed at Mr. Thomas's in transplanting trees. Some of them grew and some went dead. Mr. Thomas took up scores of trees and planted them, and they died away. Remembered a heifer dying on the farm about sixteen months ago; soon after that a cow died there. These animals were feeding down the hill. [Had smelt "very bad smoke" up to a mile and a half distant from the plant.] It was stinking stuff - very different from coal smoke. Cross-examined: it was when Mr. Thomas went to Falmouth that he ordered witness to sell off his stock.... Did not particularly notice the smoke when he perceived it a mile and a half off. Could not see it much then, but could smell it tight enough. Had seen it a mile and half off when the wind was blowing strong. -RICHARD CURGENVEN VIGURS: I have been in practice at Falmouth as physician nearly ten years. I know the arsenic factory, and was there on the 13th instant. There was then a large quantity of vapour. The arsenic of commerce is manufactured there, from the crude arsenic procured from the chimneys of tin-burning houses. When brought to the factories it is a heavy powdery substance. It is then placed into furnaces and exposed to heat and air, by which it becomes sublimed, and is passed through extensive chambered flues at the end of which is a stack. In passing through these flues, the arsenic is deposited in the chambers, in the form of very minute white crystals. These crystals are collected and placed in refining kettles from which the arsenic is taken out in the form of glassy lumps. Some of the arsenic goes to the market in that form, but the greater proportion of it is ground to the state in which it is sold by druggists. When I visited this factory it was at work, and I observed a considerable quantity of white smoke passing out of two tall chimneys which I presume are at the end of the flues. I walked across the stream of smoke, and perceived that it had an arsenical, or as it is commonly called, a garlicky smell. It was extremely disagreeable, and it affected my throat with dryness and unpleasant feeling. If the process of manufacturing arsenic be properly and skilfully conducted, there are thrown off only sulphurous acid, carbonic acid, and a product of fuel. But when unskilfully conducted, a large proportion of arsenic also escapes in the form of a white smoke, such as I have described The cause of that is that the chambers are not sufficiently extensive, or that the work is going on too fast. I observed that the trees in the neighbourhood of the factory, and particularly on the eastern side, below the works, were damaged; the outer twigs, particularly on the factory side, had perished. The specific gravity of white arsenic is between three and four. Arsenic smoke is heavier than coal smoke. I scraped a tree, not far from the factory, on the west, just at the bottom of Mr. Thomas's land, and, by usual tests, I afterwards at my home ascertained that the scraping contained about one-fifth or one-sixth of arsenic. This was an approximate quantity; I did not make a quantitative analysis. I went into the factory on that day and saw two men in the changing-house, one of whom had sponge in his nostrils, and the other was smoking a pipe. I did not go over the factory. On the 20th inst., I went to the factory with Dr. JAGO, a physician in practice at Falmouth. We then went through the factory. (Dr. Vigurs here gave evidence of analyses made by himself and Dr. Jago of the scrapings of several trees at different parts of the neighbourhood. The general effect of the evidence was that in nearly all instances they detected arsenic in quantities varying from faint to very marked traces, according, apparently, to the distances from the works, and the position, whether east or west, in relation thereto. They also took some hay from the interior of a rick, from the side not exposed to the factory, and detected arsenic therein.) [It had rained heavily the day before he took the scrapings, which lessened the quantity deposited on the trees; there had been a very heavy shower an hour before they took the scrapings. On the previous occasion when I was there, it was also very wet.] The smoke does not kill the grass. This is to be accounted for by the arsenic being deposited in a solid form, probably in crystals, so that it cannot be absorbed by the grass; and when washed into the earth, it meets with and combines with lime which makes it insoluable. The effect of arsenic on animal life is to destroy it, howsoever it is taken into the body; if taken in large quantities it will destroy life rapidly; if taken in minute portions, slowly. If a man inhaled for a considerable time the white vapour I have spoken of, it would eventually materially injure his health. Arsenic, when taken in slowly, may cause disease either of the stomach, intestines, or lungs; or it may cause disease of the brain or nerves; and it may kill without leaving any appreciable mark in the stomach; but when taken in large quantities it irritates the stomach. Cross-examined: Arsenic is as valuable a medicine as any we have; it is generally the case that the rankest poisons, animal or vegetable, furnish the most valuable medicines. I did not detect any Visible particles on the trees; if the weather had been dry, I might have done so with a microscope. [Had not examined the manufacture before this occasion, but did go through the chambers of the factory about four years ago, as a matter of study.] All that is deposited in the chambers is arsenic for sale; and every particle that escapes the chambers is so much lost to the manufacturer. It is in the interest of the manufacturer to prevent such escape, provided it does not involve too heavy an expenditure to enlarge the chambers; but it might be necessary to expend GBP 100 to save a penny worth of arsenic. Did not perceive much heat in the stream of vapour that I passed through; the vapour had come down from a great height, from the top of the stacks. Arsenic is, perhaps, fifty or sixty times as heavy as air, and, consequently, its tendency is to deposit itself as close as possible to the stacks; but a good breeze might take it half a mile off. At the point near Perranwell, I found no traces of arsenic in the scraping; the wind had not been blowing from the eastward for a long time; but we detected it nearly as far as that in the direction of the wind. I went to the factory at the request of Mr. Thomas, to know what was likely to be the effect of the works on the health of the people and cattle in the neighbourhood. It might have been desirable to make a quantitative analysis; but I detected the presence of arsenic and satisfied myself with that fact. On the windward side of the factory we had comparatively slight traces of arsenic; but on the leeward side, the traces were much stronger in every instance. The prevalent wind throughout the year is S.W. to W. The tests I applied were three liquid tests. The white arsenic of commerce has no smell; it is a combination of the metallic arsenic and oxygen; but arsenic in the metallic form yields an odour like garlic. The white arsenic of commerce - arsenious acid - also possesses no odour in a state of vapour. Before the occasion of my visiting this factory, I had never seen any crude arsenic. To do injury to man or beast, it is not necessary that the particles of arsenic should be taken into the stomach. Experiments have been tried, but it has not been found that the skin will absorb it; but if arsenic were placed on a wound, either in man or beast, it would be absorbed, and, if in sufficient quantity, would cause death. It would also be absorbed by the nose. I went into the factory, and remained there about five minutes, and saw the men there; I did not go into any of the cottages. When I tested with burning charcoal, I did not get the metallic arsenic; but I smelt it, and that was as good evidence as sight, for the smell told me that metallic arsenic was burning. Re-examined: [went further into the testing, and the smell. Repeated much of what has been mentioned above, with nothing new added.] When I find the three liquid tests all detecting the presence of arsenic, I am satisfied as a scientific man; I don't know of any other metal to which those three tests might be applied with the same result. It is much more difficult to detect arsenic in the stomach of an animal, because of its mixture with salts and animal matters. At this stage of the proceedings, the Judge strongly advised on an amicable settlement; and suggested that, as he had known done with reference to alkali works in the north, persons should be appointed to examine the premises from time to time, in order to insure their being properly conducted. No could would direct a manufacture of this sort to be put an end to until every possible means had been tried for carrying it on. After some discussion, during which Mr. ROWE pressed for a verdict and the costs, the suggestion of his lordship proved unsuccessful, and, consequently, the examination of witnesses was proceeded with. -THOMAS TREGASKIS, examined by MR. ROWE - Was a merchant, carrying on business at Basset Wharf, in the parish of Perranarworthal; and frequently sent timber and other merchandise up to the valley in question. Had four tenants occupying premises of his by that road from Tarn dean. Frequently had occasion to traverse that road himself; on such occasions had frequently smelt a disagreeable smell; at those times, had seen the stacks of the arsenic works throwing out smoke. For a short time, he lived on the hill on the Devoran side; in the mornings could smell the smoke all the way from his house down to the wharf; at those periods the Bissoe valley was filled with smoke from arsenic works. [Whether the smoke came from one more than the others he could not say; probably they all contributed. Could not say that Mr. Garland's stacks had contributed to the smoke a great deal, because of the Bissoe works. The first of the works up the Bissoe valley was TODD's, about a mile up. ] On that part [of the valley] where the Bissoe smoke does not come, there was no question that more smoke was thrown out than there was three years ago. Last year, witness had cattle grazing in his fields - a horse, a cow, and a pony. The horse died; he was well before put into that field. The cow was ill at the same time as the horse. The Pony was affected slightly, and witness got a farmer in Feock parish to take him for a short time. The horse became very stupid, and very poor, and his hair came off in spots until witness was ashamed to keep him any longer and sold him for twenty shillings; the horse took away a load of coals from his place, but died before he reached Redruth. Since this happened, witness had not grazed cattle in any of these fields. Cross-examined by Mr. Crowder: Had altogether seven tenants; four of them were in one building; the Tarn Dean property had been his for about four years. The Bissoe valley and the Mellingye Creek join at Tarn Dean Point. Todd's arsenic works up the Bissoe valley were tolerably extensive, but smaller than Mr. Garland's; they were about three-quarters of a mile from Tarn Dean Point. There were other arsenic works besides Todd's up the Bissoe valley, and also large tin burning works which threw out a good deal of smoke. At the tin burning works, he presumed the arsenic emitted was in a metallic state. In the direction from Tarn Dean to Perranwell, there were no works but Mr. Garland's. There were extensive iron works at Perran Wharf Foundry; a great deal of fuel was burnt there, and large quantities of smoke issued from the furnaces. There was a large population at Perran Wharf. -Should not like to put any horses to keep in his field; had not grazed any cattle there since the horse died; was now breaking up the ground for tillage. [Had built a new road from his place to Tarn Dean; all witness's tenants came that way, but no other person had a right there. The arsenic carts went to Mr. Garland's works on that bit of new road. Fish carts and other carts would go that way to sell to the cottages. Witness had been living at his place four years, and had made no complaint of any public nuisance. RE-Examined: Had spoken to Mr. Garland privately about this nuisance at the time he lost his cattle. Was on friendly terms with Mr. Garland and supplied his works with timber, deals, and slate. Ever since witness had made his road, no person had been stopped there; it had been used without let or hinderance. The public had a right to come as far as Tarn Dean and unload articles; and occasionally oar-weed or other manure was landed there and carried on over his road. The land between Bissoe Valley and Mellingye Creek was very high. -HENRY EVANS, a small farmer, living in the neighbourhood . [Cut the fields for Mr. Thomas; showed Dr. Vigurs and Dr. Jago the hay stack.] The smoke had been more of late years than it used to be; it began to get worse perhaps four or five years ago. The lands about the valley were not stocked particularly full; there were cattle in some of them. The trees in the neighbourhood were some dying and some dead. Had seen other persons of the neighbourhood going about these roads and had never been turned back or told they were private roads. -JOHN NICHOLL, a carpenter, occupying a leasehold tenement at the top of the old road, stated that since the enlargement of Mr. Garland's works the smell had become a great deal worse than before. [Had cattle die; would no longer keep them in that field; the smell was very clear on the old Truro road; at his house the smell was so bad that if he kept bullocks he should be obliged to keep them in house.] -JOHN KENDALL, a small farmer living in the valley near the old Carnon Bridge; rented some fields just above Tarn Dean on the N.W., and just below the old Falmouth road. Had seen and smelt the smoke from the chimneys of defendant's arsenic works; it was a rather offensive smell; had smelt it when he had been on the road about Tarn Dean. The smoke bothered his breathing. Did not notice that the smoke injured him at his house. Had smelt it when going on the old Truro and Falmouth road, but did not take much notice of it there; had smelt it more when about Tarn Dean. -JAMES COLLINS, mason, [occupied a cottage and two acres near Tarn Dean. Same testimony as above, including the fact that he had to close his doors and windows when the wind was blowing from the right direction.] -WILLIAM CARLYON, farmer, living at Perran church-town, occupied some land just south of the factory. In going about the parish, had felt the effect of the smoke, but could not say he had been much annoyed by it; it was a disagreeable smell, but could not say it was very disagreeable. He lived at Perran about six months. -MARY THOMAS, (wife of MAURICE THOMAS, who is absent from England) stated that she carried on a farm of about twenty-six acres adjoining Mr. Richard Thomas's. had lived there about fourteen years, and during that time had had pretty much stock on the farm. No damage occurred to any of her stock during the time that Mr. Paul Williams had the factory; but since Mr. Garland had occupied the works, her cattle had been taken ill. Four cows feeding in the field nearest to Mr. Thomas's were taken ill, and all died. Mr. Garland made compensation to her for them, after they had been examined by MR. CROWLE, the farrier. >From that time she had not been able to stock that field; and the two adjoining fields had never been stocked by her consent. On other parts of the estate where she allowed cattle to be grazed, she was obliged to take particular care which way the wind blew, and to move the cattle accordingly; should think there were ten acres where this precaution was obliged to be taken. The farm was a valuable one; had laid out GBP 4,000 in purchasing and improving it. The cattle which had been affected, and did not die, became very poor; good feeding had no effect upon them if they were fed near Mr. Thomas's place. About a year and a half ago, two horses died on her farm; another was still living, but she believed he was in a dying state. Some of the fences of her farm had been let down by her hind, and consequently, there was a thoroughfare for the horses into the fields near Mr. Thomas's estate. Witness lived between Perranwell and Mr. Richard Thomas's. When walking on the farm, could perceive the smell and the smoke; it was a very disagreeable smell; sometimes the valley was full of it, when the wind was that way. With regard to vegetables grown near the factory, she always took care to wash them very well herself before dressing them. -JONATHAN WEBBER, had been a farrier about thirty years, and during the last twenty years, had had pretty much experience with respect to horses poisoned about the factories. In August or September last, saw a horse belonging to Mr. Thomas. The horse was in a most dreadful state, trembling every inch of him, and froth working out of his mouth and nose. The smell of that froth was very little different from that which came from the arsenic works. The horse died, and in witness's judgment, from arsenic. Afterwards opened the stomach of Mr. Thomas's pony, which died a month after the horse; found in the stomach a "condensed smoke" from the arsenic - a bluish powder mixed with grass. The internal coat of the stomach was rotten, and had several holes which he could put his fingers through. Had no doubt the pony died from poison; the stomach presented the same appearance as the stomachs of other horses which he had known to be poisoned. In twenty years, had known of one hundred horses, cattle, and pigs dying in the neighbourhood of the Bissoe arsenic works. A little before Christmas last, examined another horse of Mr. Thomas's, which had died; found the same appearance as in the other case, except that there were no holes through the stomach; the internal coat of the stomach was rotten as dung, and the stomach was left thin as a bladder; the stomach was, like the pony's, of a blackish colour with bluish stuff on it. In his judgment, that horse also died from poison. On the 23rd of August last, saw a cow belonging to Mr. JOHN NICHOLLS; she was in a very low, droopish, stupid way; he told Mr. Nicholls that she was poisoned and would die, and she did die on the 28th of August. Witness afterwards opened her; her stomach was gone altogether; her liver was very rotten; the stomach was rotten and black, and there was the condensed smoke in it. In his judgment that cow died from poison. At Mr. Garland's request, met Mr. KARKEEK, veterinary surgeon, about a fortnight ago, at the dwelling house near the works. Mr. Garland asked him to sit down and answer Mr. Karkeek's questions. Mr. Garland asked him how he found those cattle and horses; and witness told him the same as he had now said; and Mr. Karkeek put it down on paper. On Tuesday week, witness saw Mr. Garland again, with his lawyer, Mr. ROBERTS; they also talked to him, and put down what he said. Lived near the Bissoe works, and was int hehabit every day, of going about the neighbourhood. Had smelt the arsenic in the Mellingye valley; knew the smell very well; it was like stinking garlic and sulphur together. Cross-examined: Was born at Bissoe and had been living about there for fifty-four years. (Mr. M. Smith, the examining counsel, remarked that the witness did not seem to have been much hurt by the smoke or smell.) Had picked up his education as a farrier from others and from his own experience; had never gone away from where he was born to learn his trade. If cattle had been ill a long time from arsenic the liver got rotten; always considered the rottenness of the liver a sign that the animal had died from arsenic. By the JUDGE - If a poisoned animal lived out the winter, the hair came off in patches about the size of one's hand, and never grew again; in the end the animal would hardly have any flesh, but might linger on for years. By Mr. ROWE: The white powder which he had found on grass was the same kind as he had found mixed up in the stomach. The outside of the stomach would be in putrid spots, and the inner coat would be rotten altogether. -JAMES JAGO examined by Mr. ROWE: I am a Bachelor of Medicine at the University of Oxford, and am in practice at Falmouth as a physician; I took my degree in 1843, and have had more or less practice ever since. I have seen persons under the effect of poisoning by arsenic, but I have never seen the stomach of a person who had died from that cause. I have read a good deal on the subject. I heard the description given by the last witness of the stomachs of animals which had died from the effects of arsenic; and I consider that description to be in the main exceedingly accurate; the appearances were such as one would expect to be caused by chronic poisoning by arsenic. Generally speaking, spots of extravasated blood, of a dark colour would be met with, and these would be taken by persons unacquainted with pathological subjects, to be putrid. They are, according to the best medical authorities, indications of poisoning by arsenic. The hair coming off in patches, and the pining away, as spoken of by the last witness, are remarkable symptoms of chronic poisoning by arsenic, in the human subject; and Dr. Becker, who has written on medical jurisprudence, is of opinion that the effect is the same with beasts. [Discussed various effects of arsenic poisoning.] I accompanied Dr. Vigurs on the 26th instant to the factory, and was present during the taking of the eight specimens from the trees of which he had spoken. There were other scrapings which I alone took, and they were analyzed by myself and Dr. Vigurs. (Dr. Jago gave evidence of the results of these several analyses and expressed his concurrence in what Dr. Vigurs had stated.) I have no doubt, said Dr. Jago, that we found arsenic in all the cases stated by Dr. Vigurs, but it strikes me that he ought to have said, in some instances where he has not said so, that we found it in a very marked degree. In the hay-stack it was very decided and remarkable. Concerning the three tests we applied, I say from my practice and reading, that the three tests could never give collectively the results which indicate arsenic, without arsenic being present. In one instance we tried five tests, and they all concurred in showing the presence of arsenic. [Testified regarding the smell originating in crude arsenic, and how crude arsenic reacts to chemicals, especially oxygen.} I took some crude arsenic from the works home with me, and by the testing with the blow-pipe and charcoal, I obtained the smell of metallic arsenic. In furnaces the great object must be to allow as little as possible of the arsenic to escape; but to prevent escape, it is necessary to have a great draught by a very high stack, or by very extensive works. To manufacture a large quantity, a draught of air is necessary, and the effect of that draught is to send some portion of the crystallized matter out of the chimney into the open air. Arguing from what I have seen and heard, I should say that is the case in the present instance. Such being the conditions of the manufacture being carried on I should say it would be very unsafe for the cattle and injurious for the pasturage of the neighbourhood. The condensed smoke, as the last witness called it, is a precipitation of that which would be injurious perhaps at the distance of two miles. Cross-examined: The metallic arsenic contained in crude arsenic is quite an appreciable proportion -enough to give a very decided smell to a very small quantity. By an appreciable proportion I may be perfectly safe in saying from 1-20th to 1-30th part of the crude arsenic is metallic arsenic - that is, twenty-nine parts of arsenious acid to one part of metallic acid. DR. VIGURS recalled; said he had heard Webber's description of the stomach of the animals that had died, and Dr. Jago's opinion on those symptoms; and he concurred with Dr. Jago in that matter. The pining away of the animals, the dropping off of the hair, the purple spots in the outer coat of the stomach, and the rotten state of the inner coat, were all marks laid down by authorities in such matters. Mr. CROWDER then addressed the jury for the defence. As regarded arsenic works generally, he impressed on the jury that they were among the most important works carried on in this county. Arsenic was one of the most important medicines to be found in the Pharmacopoeia; and it was quite clear that it must be manufactured somewhere. In this county, too, there were not only arsenic works but burning-houses and other works, not the most agreeable things in the world, but still necessary to be carried on, and the county would be utterly ruined if they were not carried on; therefore, it would be monstrous to attempt to destroy them by such a process as had now been adopted. He admitted, however, that if any such work could be proved to be a public nuisance, affecting the public generally either in their dwelling houses or on public roads, so as to make life disagreeable and unhealthy, such work could not be allowed to exist. The jury would see whether they could come to the conclusion that this factory was a public nuisance, as charged in the indictment. It was stated in the record that the defendant did unlawfully burn and melt crude arsenic for the making of arsenic, whereby divers noisome and unwholesome smells did arise, so that the air was thereby greatly corrupted and infected. [He said the evidence regarding the smells was of a most trifling character, while the evidence concerning the death of cattle and horses did not apply. The cattle, it was charged, had died of eating grass coated by arsenic; that did not have anything to do with smoke, or smell, as the coating was of particles. The parties should have taken an action at law between the parties, and not an indictment as for a public nuisance. Mr. Thomas should have taken his personal grievances in an action for personal injury, rather than charging a public nuisance. There was no evidence given regarding the health of the cottagers living near the factory, although all the residents of the cottages appeared to be quite healthy, nor of the inhabitants of Perranwell, where it seemed no one noticed the smell. Most of the population lived in the western part, from which part no evidence whatever had been given as to any noxious smell being perceived.] The learned Judge then summed up, directing the jury that the question for them to determine was whether or not there proceeded from the works in question, habitually, during the time they were in working, an offensive and disagreeable smell, offensive to the senses and making the air which would otherwise be fresh and pure, disagreeable and unwholesome to the inhabitants of the neighbourhood and to people travelling on the public roads there. If they should find in the affirmative, then it would be their duty to find the defendant Guilty. But it was not an offensive smell now and then that would constitute a nuisance; for, if so, the common affairs of life could not be carried on. To constitute a public nuisance, the offensive smell must be habitual, making the air that would otherwise be fresh and pure, of an offensive and disagreeable smell. Such being the law in respect of this indictment, he still thought it was competent to give evidence of the effect of the vapour from the chimneys of the arsenic works on the grass and trees of the neighbourhood, for the purpose of enabling the jury to form a judgment as to the smell; but their verdict must be given with reference only to the smell itself. The learned Judge then spoke of the importance of the case - on the one hand, to the defendant, in respect of his employment of capital, skill, and labour; and on the other hand to Mr. Thomas and other persons living in the neighbourhood, who, whether in their houses or on the public roads, had a right to pure air. His lordship then went through the evidence; and, in conclusion, observed that it was undesirable that any man should be prohibited from carrying on a manufacture which was beneficial to himself and to the public; yet at the same time, he must take care so to conduct his works as not to injure other people. The Jury, after about five minutes' consultation, returned a verdict for the Crown. The effect of the verdict, we believe, will be that on the occasion of the next application to the court, some arrangement, such as that intimated by his lordship, will be adopted, whereby the works may be carried on without offence to the neighbourhood. The business of the Assizes was concluded about two o'clock on Saturday last, and the Judges left Bodmin the same afternoon for Plymouth. They next proceeded to hold the Assizes for the county of Somerset, which commenced at Taunton on Tuesday last. Julia Mosman, OPC for St.Austell,Charlestown, and Treverbyn Website at http://freepages.genealogy.rootsweb.com/~staustell W. Briton newspaper transcripts at http://freepages.genealogy.rootsweb.com/~wbritonad Please visit the OPC website at http://cornwall-opc.org