Northern Times.
Liverpool, Merseyside, England, 1859-01-28 00:00:00

HEALTH COMMITTEE.

At the usual weekly meeting of this committee, held
yesterday, Mr. Sheil occupied the chair. The other
members present were--Messrs. Crellin, Beckwith,
Vernon, Clerk, Anthony, Barton, Stitt, and Crosthwaite.

SANITARY OPERATIONS.
The Borough Engineer, Building Surveyor, and
Inspector of-Nuisances reported various particulars.of
the operations in their, several departments during the
week, from which it appeared that 162 nuisances com-
plained of by inhabitants had been inspected, and means
taken to remedy.them ; 961 houses in the -unhealthiest
districts, containing 3,036 apartments, and 1,017 cellars
had been put under examination with the view of im-
proving their sanitary condition ; and 165 lodging-
hOuses had also been examined and reported upon.
Mr. Beckwith moved that, in order for the committee
to be made aware of the result in each case of complaint
for nuisances, the books of Mr. Fresh, and the .report of
the Borough Engineer he laid every week before the
Tuesday's committee.
Mr. Crellin seconded the motion, which, after some
discussion, was agreed to.

HEALTH OF THE TOWN

The Medical Officer of Health reported that the deaths
in Livrpool, which in the last week of December were
306, and in the two subsequent weeks 260 and 243, were
further reduced in the week ending last Saturday to 232,
being 14 less than the corrected average of the same
week of the preceding ten years. In the parish 167 deaths
were registered; in the out-townships, 65. Of 65 deaths,
ascribed to diseases of the zymotie class, 19 were caused
by hooping-cough, showing, as in the previons week, a
high mortality. From scarlatina, on the other hand, the
mortality was lower than in any, week since the com-
mencement of the epidemic early in August, the deaths
beinc, only 13. Fever caused 10 deaths, the same as in
each of the two preceding weeks, measles 10, croup 4,
small-pox 2, diphtheria 1, quinsy 1. Diseases of the
lungs with consumption caused 83 deaths, being 4 fewer
than in the previous week. Of the total 232 deaths, 131
occurred before the age of 5. The temperature was high
throughout the week, and on Tuesday was 10 deoTees
above the average. The mean .of the week was 46 1-10
degrees, about 51 degrees higher than that of the same
week of the 13 preceding years. The rainfall amounted
to 16 1-100 of an inch. _ _

Mr. M'Gowan mentioned to the committee that Mr.
Johnston, a member of that committee, who was appointed
commissioner with regard to sanitary and other rates,
attended on Wednesday morning, at the Police-court, to
hear the cases of parties summoned for arrears of rates.
Eleven o'clock was the hour appointed; he waited half
an hour, and no masistrate came, and he then went away,
expressing his desire that the attention of the Health
Committee might be drawn to the matter, as he con-
sidered it exceedingly unfair that the people who had
been summoned should be kept waiting., and no one in
attendance to transact the business. _

Mr. J. H. Turner was found, after hunting about. It
appeared that it was this gentleman's turn to 'sit on the
bench ; but he accounted for his absence through some
wrong instructions that he had obtained at the magis-
trates clerk's office, to the effect that his services would
not be required that day.
Several gentlemen complained of the inconvenience
arising from the non-attendance of magistrates at the
Police-court. •

Mr. Stitt thought some representation should go from
that committee, and moved that the attention of the
magistrates be called to the matter.
Mr. Haydock seconded the motion, which was
agreed to.
The Borough Engineer brought before the committee
some proceedings in reference to Blackfield-terrace,which
is a continuation of Gore-street North, and it appeared
Lord Derby was making a new road from Bootle, which
the inhabitants of Blackfield-terrace wish to be continued
along towards Gore-street North; and, if the committee
approved of the arrangement, the inhabitants were willing
to alter the leveLs on their street at their own expense.
The committee agreed to this, on the condition that the
inhabitants sign the necessary documents.

The following report of a sub-committee was read in
reference to the nuisances in courts and alleys in the
town : _

" The attention of your committee has been directed
to the condition of the privies in the courts and alleys of
the borough, and your committee regret to find, notwith-
standing the efforts made by the health committtee to
enforce cleanliness, that nearly all the places in question
are in a most deplorably filthy state. It appears that
they are used in common by all the inhabitants of the
particular court, and that the inspector of nuisances has
no power to enforce on such parsons the duty of keeping
the places in proper condition. The courts being close
and confined, the, mischief which under any Circumstances
would arise from the existing state of things is con-
siderably increased; and many of the places in question
are situated beneath the upper windows of the houses.
In most instances the landlords have done everything
which could be required of them, and the fault rest's
entirely with some of the tenants.

" The decent portion of the persons having such use
of the privies in common complain that, although they
are willing to take their share of the work required to
observe cleanliness and decency, they have no protection
against their neighbours who neglect their duty, and they
earnestly request that some steps may be adopted for re-
medying the evil. The inspector of nuisances reports
that he has used all the powers at his disposal to induce
the tenants to keep the places in a proper state, but
without success, and he adds that if all the parties using
the accommodation in common could be by law called
upon to do their share of the work, he should, with the
assistance of the two assistant inspectors already ap-
pointed, be enabled to effect a complete improvement.
"By the 23rd section of the Liverpool Sanitary Act of
1846, the council are authorised, and they are thereby
required to make by-laws, subject to the approval of ono
of her Majesty's secretaries of state, for, amongst other
things, preventing middensteads or privies from being a
nuisance or annoyance to any inhabitant,' and your com-
mittee are of opinion that it is most desirable to obtain a
by-law requiring all persons having the use in common
of any middenstead or privy, in any court or alley within
the borough, to keep the same in a proper condition ; and
that if on inspection it be found in such a condition as to
be a nuisance, then that such persons shall severally be
subject to a penalty, recoverable before justices.
" From careful inquiries which your committee have
instituted, it appears there would be no difficulty in ascer-
taining and proving which of the parties had been guilty
of neglect, who might thereupon be summoned and
fined. _ _ _ _ _ _

"Your committee therefore submit a by-law framed in
accordance with the foregoing suggestion, and they
recommend that all proper proceedings may be. taken for
giving effect thereto."
The committee also submitted the form of a bye-law
which would, if in force, inflict penalties on the in-
habitants of those places, if found guilty of uncleanness.
Mr. Crellin moved the adoption of the report, and said
he was almost satisfied that, if they had such a bye-law
in force, they should have considerable alterations in
these courts and alleys. He, and some other gentlemen,
went into one of the worst streets in Toxteth-park,
Albert-street, and when the people heard that there was
somebody coming to visit the place, they commenced
cleaning up directly.
Mr. Barton seconded the motion.

Mr. Crcllin suggested that the two sanitary inspectors
be provided with uniform, as the inhabitants did not
believe they had any power when they appeared in plain
clothes.
The suggestion was seconded by Mr. Crosthwaite, and
agreed to.
A memorial was read from the inhabitants of
Manchester-street complaining of the sulphuric suffocat-
ing fumes issuing from the works of Messrs. Raines
and Company.
The matter was referred to Dr. Duncan to report upon.
• The Borough Engineer mentioned that Mr. Alfred
Taylor had got an appointment and was about to leave
his office, upon which—
Mr. Beckwith asked the engineer, if there had been an
application from any of the surveyors in his office, for a
vacancy in Rochdale,
The Engineer replied, that there had been four, but
none of them succeeded.
Mr. Beckwith drew the attention of the committee to a
statement in the Builder, from which he read the following
extract :—" When a vacancy lately occurred at Rochdale,
six were selected from 36 to go to the ballot ; four of the
six were from the surveyor's office in one of the principal
seaports in Lancashire.. The higher the douceur from
assistant, to a certain officer, the higher the testimonial
with the Barongh arms uponthe faee of it ! so one of them
informed me. Strange doings, Mr. Builder ! No doubt
you know enough." [The above was a contributed com-
munication, signed by a " Town Surveyor."' Mr. Beck-
with thought this ought to be contradicted, and that it
was the duty of the committee to set the matter right,
knowing, as he did, the honest and independent man
they had at the head of this department in Mr. Newlands.
Mr. Newland said he was obliged to Mr. Beckwith for
mentioning the matter, and he wondered that the editor
of the Builder, who was a personal friend of his, allowed
such a letter to go into the paper. It was so scurrilous
that he -would not have taken any notice of it himself.
A. complaint was made against a nuisance in Chadwick-
street, arising from a sewer, and by which two people
were injured. It was supposed it arose from an escape
of gas, but it was subsequently believed to arise from some
chemical refuse.
The matter was referred to the borough engineer, and
Dr. Duncan.
The report of the inspector of nuisances recommended

that several inspectors of police be appointed lodging-
house inspectors.
The recommendation was approved.
This was all the business.

THE CHARGE AGAINST .A.RCHIBALD MANN,
THE VOCALIST.
Yesterday, Archibald Mann, the singer, was brought
before Mr. Mansfield, at the Police-court. Messrs. J.
R. Jeffery and Alderman Turner also presided. Mr.
Bremner appeared for the prosecution, and Mr. Mitchell,
from Halifax, appeared for tbe, defence. The court was
crowded by persons who were anxious to hear the case,
A number of vocalists and musicians were also present.
Mr. Bremner, in opening the case, said that during a
long professional career, he hid had many, extraordinary
cases to conduct, but never before had he to conduct a case
that gave him so much pain. as the present—a more
painful or revolting case he never had to bring before a
court of justice. He would
.tell His Worship who the
prisoner was, and who the prosecutor. The prisoner was
a musician, and :was originally a singer in Norwich
Cathedral. The prosecutor having heard him sing
there, brought him to Liverpool—lodged, clothed and
fed him, and treated him as a friend and one of his
family, for a period of from twelve to fifteen months ;
and the return he made, for all this kindness was an
endeavour to corrupt the children of his benefactor, and
bring scandal and unmitigated 'disgrace on himself. In
saying this, he (Mr. Bremner) hoped the gentleman
who appeared for the prisoner would be able to disabuse
the mind of the Bench, if he could, that the prisoner was
not guilty of the charge preferred against him ; but he
(Mr. Bremner) was of opinion that the evidence which he
would produce, was so strong, that the case could not be
treated summarily, but that it must be sent to trial, where
there would- be a full investigation into all the facts and
circumstances, and when truth would be elicited, and
when the prisoner would get the benefit of all he could
avail himself of, and where also, if guilty, a measure of
punishment, equal to the offence, would be inflicted, if
the case could be brought home to him. He was about
to call evidence, which, -if true, Would show that, although
he might be a man in name, he was not in nature, but a
beast.
Mr. Mitchell objected to these strong expressions as
improper, and calculated to prejudice the case. -
Mr. Bremner denied that he used any expressions that
lie was not warranted in doing.
Mr. Mansfield said he understood Mr Bremner to speak
hypothetically, and as an advocate.
Mr. Bremner then called Charles John Brown,
an intelligent boy, 10 years of age, who, having
been examined as to the nature of an oath, gave
sufficient proof of his knowledge of the obliga-
tion. He said, I am the son of Daniel Charles Brown,
professor of music, living at 46, Falkner-street. We
have lived there half a year, and went from Islington.
I know the prisoner, Archibald Mann. I first saw him
at' Norwich. He has lived with my father twelve or
fifteen months, and lived in Islington with us as one of
the family The witness then went at great length to
state the charge which he preferred against the prisoner
—it was heinous in the highest' degree. The prisoner,
he said, gave him pennies and twopence a few times, and
cautioned him not to tell any one.
Cross-examined by Mr. Mitchell: I have a cousin
named Robert Burton. He is 16 or 17 years of age.
He lived with us. I told my father and mother of this
affair on Monday week last. Told my cousin before that.
The prisoner is a professional singer. My father received
all the money he received for his singing. He brought
sometimes four, five and six pounds a week in. There
was a quarrel between father and the prisoner, as the
latter did not hand over all the money to him. Heard •
father say he would kick the prisoner out if he did not
bring in the money. I heard that more than once.
Father did turn him out, neck and crop, from the house.
I did not see it, but heard of it. It was after that I told
my brother, not before it.
Re-examined by Mr. Bremner : It was on Tuesday
week the prisoner left, but I had told my father and
mother on the Monday evening ; that was the night
before he was kicked out. I told my brother in Isling-
ton, and he told my cousin.
Robert Brown, 7 years of age, another intelligent boy,
was examined, and having satisfied the bench as to his
capacity as to the nature of an oath, corroborated the
evidence of his brother, and also proved a distinct and
separate charge against the prisoner.
Robert Burton, nephew of the two last witnesses'
father, 16 years of age, was called. He said I lived with
Mr. Brown for about -two and a-half years, and was in
Islington when he lived there, and I am now in Falkner-
street. The prisoner lived with us between 14 and
18 months as a member of the family, having his meals,
&c. The witness went on to detail a charge made by
him against the prisoner.
Mr. Mitchell objected to this witness being examined,
as his charge had nothing to do with the charges in the
warrant upon which the prisoner was arrested.
Mr. Bremner said there were three charges
against the prisoner, and he was now proving the third,
having proved two already. He had the prisoner then
on a warraut and he could make fifty charges against
him if he liked.
Mr. Daniel Charles Brown, father of the two boys,
was examined, and said : I know the prisoner, who has
been an inmate in my house for over twelve months, at
least. He left on Tuesday, the 18th. I can scarcely
say that I put him out, but I told him. to pack up his
traps, and leave the house at once, I charged him with
the act as complained of by the children. It was in con-
sequence of something I heard the night before from
the children that I ordered him to leave the house. I
received a letter from him on Tuesday evening, the 18th.
This is in his handwriting. [The letter was produced.]
Mr. Bremner read the letter, which was asking
forgiveness, and requesting Mr. Brown to meet
him on the Landing-stage, an to let him take away his
things, &c., from the house.
Mr. Mansfield : In consequence of that letter did you
meet him at the Landing-stage ?
Mr. Brown : Certainly not.
Cross-examined by Mr. Mitchell : I did not detain any
things of his, except what he got at the Liver House, and
Mr. Hawks, of Bold-street, in my name, without any
authority: I did not write a letter to him, requesting
him to go to France or Italy, and wishing him well. I
did not write to him on the 19th. I did not write to
him at all since this transaction.
Mr. Bremner : That is the case for the prosecution.
Mr. Mitchell then proceeded to address the Court, and
said it was very easy to make such a charge, but very
hard to rebut such. If the charges were true, there
was no doubt they were very appalling, and must
end in the destruction of the prisoner. He said it
Was a case got up in consequence of the prisoner
refusing to give Mr. Brown any more money he received
for his professional services. He alluded to the quarrels
which the boy, he said, had admitted, because the
prisoner would not allow himself to be mulct, of from
£4 to £9 a week, and lie alleged that as a reason why
the present case was got up against him. He argued on
the improbability of such a state of thine-s existing for
. over twelve months, without being discovered, and
designated the conduct of Mr. Brown as wicked,
and that he wanted to rob and cheat the prisoner.
He contended that the boys could not be believed, and
held out that the entire case was got up by Mr. Brown
to ruin the prisoner, because he refused any longer to
hand over his earnings to that man.
Mr. Bremner, in reply, repudiated the vile insinuations
thrown out against his client, and said he had put Mr.
Brown into the box for the purpose of being examined,
yet the advocate at the other side never asked him-one
word on these subjects, although he might have done so.
Yet, he makes a speech full of false charges without the
least foundation.
His Worship said, it was easy to make such charges as
the present, but hard to rebut. He did not think any
man would conspire with his children to make such a
charge without a cause, the more so as some odium would
attach to the children themselves from the nature of such
a charge. He would not offer any opinion on the whole
case, one way or other, but he thought there was a prima
facie case made out, and until he saw something to make
him disbelieve the evidence, which at present was not
presented to him, he must credit it, and send the prisoner
for trial, on the three charges that had been preferred
against him. The prisoner was sent for trial ac-
cordingly.
During the time the depositions were being read, two
letters were handed to the prisoner, offering him engage_
ments to sing up the country.

BIRKENHEAD POLICE COURT.
BEFORE SIR E. OUST AND MESSRS. JACKSON, BARTON,

AND COCKSON

Thomas Smith Rill, residing at Duke-street, Tranmere,
was summoned for selling beer at fifteen minutes past
twelve o'clock on the 16th inst. Mr. Bretherton de-
fended, but, after hearing the evidence, the magistrates
inflicted a fine of 20s and costs.

Mr. Huntress, proprietor of the Rock Ferry hotel,
was summoned for selling drink at half-past eleven o'clock
on Sunday morning last, to six of the men belonging to
Her Majesty's ship Hastings. Mr. Brotherton appeared
for the defendant. The defence was that the men were
travellers; and it was proved that the men had been out
on leave from twelve o'clock on the Saturday previous,
and that their time was not up until twelve
o'clock on the Monday. Some of the men had
been over in Liverpool, and had come across, and when
they went to the defendant's establishment, they ordered
some refreshments as travellers. On these grounds the
summons was dismissed.