The Sun.
London, England, 1852-08-19 00:00:00

BOW-STREET.

lliarn Avis, of High-street, St. Giles's, under-
taker, appeared to an adjourned summons, charging
him with having buried an infant, " for which no
certificate had been duly made and delivered" to the
registrar, as required by the 6th and 7th William
IV., chap. 86, sec. 27.
The facts proved at the former examination were
—the birth of the infant on the 2d of June, and its
death on the sli ; the delivery of the corpse to the
defendant, wbo undertook to supply a coffin and bury
it for 3;., which was paid to him for that purpose by
the grandmother (who also stated that she supplied
him with the requisite medical certificate) ; and
finally, the discovery that the child had never been
buried at all, which was the defendant's answer to
the charge.
The case was adjourned for the attendance of the
medical gentleman who was said to have furnished
the certificate, and notice was given to the defendant
in the meantime to produce it.
Mr. F. Hatton, solicitor, now appeared for the re-
gistrar, to support the charge.
Mr. G. W. New, assistant surgeon to St. Giles's
workhouse, deposed to having attended the infant's
mother during her confinement. After the death of
the child, which only lived two deys, witness gave
the grandmother a proper certificate for delivery to
the district registrar, and he believed it was taken by
her to the defendant.

Mr. Duncombe, the defendant's solicitor, on being
asked if he produced the certificate, declined to admit
the service of the notice to produce.
Formal proof was then given of the service of the
notice by Mr. Hatton's clerk, the previous evening.
Mr. Duncombe—We don't produce it.
The grandmother was then reexamined. She
stated that she delivered the certificate to the de-
fendant's daughter, who was acting as agent for him
in the shop. The age of the child, the cause of its
death, with the name and address of the parents, were
inserted in the certificate. On every occasion when
witness had called on the defendant respecting the
baby she was assured that " it was all right."
Mr. Duncombe—Am Ito answer the charge set
forth in the summons ?

Mr. HENRY—Yes, certainly.
Mr. buncombe--We are charged in the words of
the Act with incurring certain penalties by burying a
child without a certificate. You have it in evidence
that it has never been buried at all.

Mr. HENRY—I have well considered this cese since
it was adjourned last week, and I am now of opinion
that the defendant is liable to be convicted under the
Act. I certainly had a different impression at one
time, but everything turns upon the meaning which
is to be attached to the word " bury." If we regard
it exclusively as implying an interment, doubtless
there would be some difficulty in showing the lia-
bility of the defendant, but the word admits of a
wider definition. If you look to Dr. Johnson's dic-
tionary you will see that the word "bury" is de-
scribed as signifying "to put in a grave, to hide, or
to conceal." Now, it is quite clear to my mind that
there was in this case a concealment of the body from
the 7th of June, when it was delivered to the de-
fendant, to be buried, until the 10th of August, when
the officers found the body in the coal vault of Mr.
Avis's house.

Mr. Duncombe, interrupting his Worship, hoped
he should be permitted to argue this point.
Mr. HENRY—That is quite irregular.
Mr. Duncombe having contended that no opportu-
nity had been given him to discuss the point, was
allowed to proceed. He was quite sure thaS the Legisla-
ture never contemplated a question of this kind. The
Act says—" any person who shall bury, or perform
any funeral or religious service for the burial of any
dead body for which no certificate shall have been
duly made and delivered," &c., shall be liable to cer-
tain penalties. Now, admitting his Worship's inter-
pretation of the word " bury," where could the line,
of demarcation be drawn ? One moment's conceal-
ment of a body in any shop, charnel-house, or hospi-
tal, would make the parties liable ; and it was a com-
mon thing to have bodies sent to undertakers or other
people's houses to be kept a few days beforeinter-
ment. The word " concealment" was never used in
the Act; but even if it had been contemplated, what
concealment was there in this case ? The defendant
never hid or secreted the body. It was well known
to all , his establishment and to others that the child
was in his cellar, which had never been kept locked,
but was accessible to all. The fact was, the grand-
mother had given Mr. Avis to understand that it was
a stillborn child. Otherwise the burial would have
cost at least 12s. Then, as to the certificate, he de-
nied. having received it, and there was no proof of its
delivery to him, although the grandmother stated
that she had left it at the shop in the hands of the de-
fendant's daughter—a mere child. He had no certi-
ficate, and he did not know the address of the
parents : and even if he had known where to find
them, it was not incumbent on him to hunt for the
certificate, which, according to the Act, ought to have
been delivered to him. The child had not been un-
fairly disposed of, or spirited away, or concealed; and
the conduct of Mr. Avis was praiseworthy in compa-
rison with the obvious neglect of the registrar, who
had never registered its birth even, but now came
into court for half the penalties, to which the Act
entitled him.
Mr. HENRY—He is not allowed any portion of the
penalty under the Police Act, which overrides the
other.
Mr. Duncombe hoped if his Worship still adhered to
his opinion, that he would give the defendant an op-
portnnity of appealing against the decision.
Mr. HENRY repeated that there had been a sufficient
" burying" in the meaning given to the word by Dr.
Johnson, who quoted gery good authority for his
opinion. Besides, it was common to use the word in
that sense. When we say " buried in oblivion," we
do not think of interments. However, ,this was the
first time the question had been raised under the Act,
and therefore he should be very glad to have it fully
discussed at Qaarter Sessions. If his view was not
supported, he could only say that all the evils which
it was the design of the Act to remedy must go
unpunished. His Worship then inflicted a penalty
of 6/.

ROYAL YACHT SQUADRON REGATTA.
COWES, AuG. 18.—The race for her Majesty's Cup
had not concluded at the time of my last communication
being dispatched, but, as was anticipated by several per-
sons at, an early period of the race, the Arrow succeeded
in recovering the position she appeared temporarily to
have lost on going towards Ryde, for she passed the
station-vessel at Cowes as under : h, m. Bee.
Arrow
The other two vessels appeared to be almost at this
point out of the race, but on passing. Cowes they were
timed as follow : h. m. sec.

Lavrock
Aurora _ _

They then proceeded for the rest of t heContse to the
vessel moored off Yarmouth ; but, on reaching Egypt
the Aurora struck her flog, and gave up all further
share in the contest, leaving the race virtually to the
Arrow alone. The great difference in the time of
the arrival of the two last vessels, it is stated, is ac-
count'd for in this way. Oa going down towards the
Nab Light, the Arrow throughout kept to the north-
ward, whilst the Aurora and Lavrnck were close under
the island. When abreast of St. Helen's, with a breeze
flowing strong from the north-east, she caught it UP,
made a long reach, and rounded the Nab, whilst the two
others, being under the island, went fast to the leeward.
This difference of position will, therefore, °mount for
the disparity between the arrival of the Arrow, and the
Aurora and Lavrock. After passing Garnet Bay, the
Arrow had it entirely her own way, rounded the station
at Yarmouth, and arrived off the starting vessel at Cowes
as under:— h. m. sec.
Arrow
-
The Lavrock on her return from Yarmouth _
experi-
enced the effects of a very heavy storm of thunder and
lightning, with hail and rain, but on this passimover
the wind dropped, and a perfect calm ensued.ours ln this
becalmed state she remained for- two
t_ hours
ti de. She
during
which she drifted back several miles. whith
breeze and got
g
eventually managed to pick up a
back to Cowes at the time under raelni-tioniej?
m. sec.

0
Lavrock .............................. 6 50
The Arrow was therefore declared to be the winner of
her Majesty's Cup, being the second gift of her Majesty
won by Mr. Chamber Jayne with that vessel this season.
It will be remembered that she won the Queen's Cup
at Ryde in the Royal Victoria Yacht Club Regatta.
beating the America clipper by several minutes,
the first time she was ever vanquished in any
waters. It was nearly a " dead heat " between her and
the Mosquito,
as the Arrow beingthela
alone
larger vessel,
of the two, the extra length of her bowsprit gave
her the victory.
The following new members have been admitted to the
Royal Yacht Squsdron:—The Marquis of Bath, owner
of the schooner Lotus, 188 tons, late the property of
Lord Clifden; Mr. T. Littledale, the Ariel schooner, 118
tons; Mr. G. S. 'Xritteu, Orlia
na schooner; and Mr. J.
a WM.

The following yachts aro entered to contend for Prince
Albert's Cup to-morrow, the course being the some es for
her INI, j,t3ty'6 Cup. It will he confined to the schooner
of the Boy al Yecht Sqtrdron:—
C,quctte, 47 tons—Lord Godolphin.
Alarm, 248 tons—Joseph E-q.
Gloriera, 134 tons—Joseph
Gipsy Queen, 160 tons—Sir Br Hoghton, Wirt.
Clayinoro, 138 tons—Archihßld Campbell, Esq.

-----
THE LAKE SUPERIOR COPPE R REG
Among the measures necessary to develop full' the
resources of the Lake Superior mineral region, is ono
plrieusdeen is
to strongtlie
construction c
which requires the aid of the Government, and which
laim the
a
tofuovf a onrasbhhiTnsideration.
canal aroun We
fails of the St. Mary, or Sault St. Marie, as it is more
commonly known. The St. Mary's river is the ou
tor the waters of Lake Superior, and connects that with
the great chain of lakes which feral the northeiu
boundary of our country. The river is navigable to the
rapids, which extend for a distance of half a mile cell.
e all
These rapids interrupt navigation, and in consequenc
the supplies for the Lake Superior region, as well as the
orte
products of that region, must be unladen, transpd
around the rapids, and re-sbippoil, of course at mucli
expense and great inconvenience. It is to do awa y wit°
this evil, and to make the navigation continuous, thatf
aid is asked of the Government. The topograPbY °
the country is favourable for the construction of a s
ishiP
canal, which need not exceed one mile in length. It
believed that the tolls derived from the canal
would
for the
ultimately amply compensate the Government
outlay which would be required. This has proved to
.be
the c?.se with the Louisville canal, and, although in°,
navigation through the proposed canal would not
lc'
course b 3 so great as on the Ohio, it must of necessi X.
ultimately become very large. The mineral resources 0
Lake Superior are rich in the extreme. Thep r,oduction
of copper is only limited by the means of transportation,•
and iron and other minerals are found in abuticlaohceen
The copper ore is of the richest quality, yielding,' wTha
smelted, from 60 to 70 per cent. of the pure meta'. . a
iron ore is also of the best quality, and the production
is much greater than has been generally suPlin'ed'y to
would be good policy on the part of the Governine,n
will
aid in developing the resources of a region which bin
add so much to the wealth of the country. 11 Ls.„i',
canal around the St. Mary's is an undertaking in vv,...!1.0
the whole country is more or less interested. Itilswe
public improvement of a national character, as
hhave
trust will be so viewed by Congress. Measua lid
been taken to lay the subject before Congrev, an 100
to be hoped that an appropriation will be granted at
~,
present session towards the construction of this gre"'
work.—Boston Journal.

lON

A CRYSTAL PALACE IN BATH. crystal
project. has been started for the erection of a ~,..
Palace in Bath. An elevation and sections of the butte
itng were exhibited at the last meetieg
ural Society; and we have since been favoured with
b:
privatee inspection of them by the originator, Air.
_ll°4 is
P Sydney Gardens; the eastern side of the open °Pe
preseru4
has been chosen with the especial view of
like the orr
the noble central avenue. The building,
ginal Crystal Palace, consists of a nave and travoelT
the nave is 144 feet long and 48 feet wide, and
of the Sortical-
the tf,7;
Sept is 96 feet long, 48 feet wide, and 70 feet high. j'_,l
outside is supported by ornamental iron buttresses, ao:
several improvements are introduced in the oonstruvt
0 great
addition
Such a building would undoubtedly be
to the amusements of the city, f wing, ars it
or
might in the summer, the scene of horticultural and
other exhibitions, and in winter a promenade and "3; ,
den. We need scarcely add, that the formation
..,,.,
winter garden is a desideratum in a city which ie tithe re.,
sort of valetudinarians. The cost of the building ;
estimated at 6,0001; and it is proposed to form .7 5,
ePolly, and to raise the amount in 1,200 shares
it
ach • There is this recommendation of the di/ to
speculation,h that if the returns from the building 0, cl.nd
ot be remunerative, it might easily be removeti,,:od
we noderLa'
sold for a palm house or other purpose.
that Messrs. Fox and Henderson have a
the building, and render it fit for use, in twelve weev,o
from the day of its commencement; and be believe
may add that there is much probability of the 'dese%i
being accomplished. Mr. Peacock contemplates sev_rree.,
works in connexion with the building. such as the
..vro.
tion of fountains in front of Sydney hotel; the fl`d be
greed to erect
lion of a museum, to which the Gothic Llall co° n.ar..
appropriated, and generally the renovation of the!ted
dens. Wo heartily wish him success in the el?l'e'e it
exertions he is making to carry out his projfot, sill
must add considerably to the attractions of the citY.
_____—.----

THE couNTity inAitos.b.--, is
oil
LEEDS, AuG• 17.—The weather since FridaY15ia
district has been pretty favourable, and to-deY Vef
a
fine. The accounts from the south aro somewhat o
contrary character, yet we are unable to follow the ye.
trance quoted on Mark-lane. Fresh wheat was in ra° re
rate request at is over Friday's races,. but holders w(O..
generally firm at an advance of 2s to 35, thus the 14.1
ness done was extremely limited. Barley nominally o_4!
same. Beane fully as dear. Oats and other articles ola
•altered.
NEWCASTLE CORN MARRET, AVG. 17.--There WO:ocit
quaiities of both south country
fair supply of wheat at this market to-day, and fight
a s
EDINBURGH
much
I‘biuFsAi or:
MARKET, done.
fully is per qr. more money than on Sateay, bet lsolo'w
sale, at barely late rates. In 11 h "''
cur CO C ° . fa
17•--There were
ig
the meal market 4
2avtiOerlab: imperial, which sold thus:-2 °aattiglel Vs, and 2atl/ 7
' average price of the whole 118 s Od 0-I:2ths. Ava• 11.'.:
EDINBURGH HAT AND STRAW MARKO, trol3
Oat straw,
from 7s 6d to Os Od per kemple of 16 stapes ~,,.
wheat ditto, 7s Od to Sc 6d ; barley ditto. 65 Od ° 7ii v`
Hay, from 9d to lld per stone ; new ditto, 7d to Sd• ,re ie
DALKEITH MEAL MARKET, AUG, 16.--ghere Ivs- and
the market to-day 79 bags of oatmeal, 6of barleynaeal, a6d
lof potbarley. Sales dull. Oatmeal down on the top is oi
per bag ; second quality al3o Is 6d per bag cheaper ; barl )111
6d per bag up. Third'
Oatmeal, per sack, of 280 lbs. First Second sa
A8:6:1:661Y.. f.
° et
i g°ll°
: : ' ...e
imperial .., ..• ... 265 6d 25s 6d 9.3 Od
Peasemeal .. .. --s Od ---3 Od "*.S od
Barleymeal, per ditto . 203 Od —s Od -.4 pd
—sFlour
Od —a Od -1 od
Potbarley ••• ... ..... 233 Od —s Od "'''''
.-------- .

COAL MANlib::

T.--YNSTIRDAT.
the close of them arket 11_ 63
etton ................. °: 6d
................... /Ls rd
Russell's setton.••••" 130 Od
Shotton (unscreenear ,4.
Cassop ..........M••..••. is- 9d
Ke110e.............. ;43 6d
Hartlepool •"' . 14s 0,1,
rhornley ............... 6
Backhouse .............. r 6, 61
lees ...... ....... 149 Od
I Cowpen liartleY •••,' 14s Od
Derwentwatergati
Nixon's Merthyr sin 210 01
AL .. .............
,2181.0 0601
Ramsay 's Garirdree esliew,,e 17th 6u
Seymour Harvey Co
st, 63. ..... Sold, 6.

Prices of Coal per ton at t
Bate's West Hartley 13s 6dl
Chester Main l2s 9d
New Pelton Main l2s Od
Wellington Hartley l3s Od
Holy well
Smith's W. Hartley —14 s
North Percy Hartley l3s 6d
New Tanfield
Townley Trader
Redhengh Main
Tanfield Moor
Canfield Moor Butes l2s 3d
West Hartey
West Wylam
Wylam
Eden Main ...
Lambton Primrose

Wall's End, &c.
Braddyll
Ships at mark(

-----
RAILWAY SHARE l'il.A.Rsl'.
BRISTOL, AUG. 18. rather
MT
STOCK EXCHGE.—The share market baS bcraeirieleVO'
firm to-day. The transactions reported were--,,
38 IA —York and North Midland, 47.
LIVERPOOL, AUG. 18. t to-flal"
STOCK EXCIIANGE.—We had a very quiet Make ate r/
The transactions were as follow:—Caledonian,•ann
Counties, I(P—East Lancashire, 16 -LancasoLstr
Yorkshire, 76 Yi—London and North- W esters, 1,4,2;4 Pre;
cheater, Seffield, and Lincolnshire, 273A—Ditte, .'" Ow
ference, 4% per cent., 3.16 p.—York and North gi
Preference, 23—Dublin and Belfast Junction, 634 dis'
MANCHEST.HR, AUG. 18. d beSvili
STOCK EXCHANGE.—The share market opene d better
this morning, but improved during the day, and elad,burn
this afternoon. The transactions were as follow: -.4).'"1„ 19."
(No. 1), 61A—Ditto, Preference, 249/a—Caledoni;cola.
East Lancashire, 16%—Manchester, Sheffield, snore/ere:o,
shire, 27%-I;itto, Preference, 12M—Ditto, New tii. dis.---
9-16 p.—Midland, 701/z —North Staffordshireyr
yorkollire'
South-Eastern and Dover, 2014—Lancashire r_..aoirestorti
75 /—Ditto Fifths, 5 dis.—London and I"
Stoc7, 120)A.
...........--.--------.....--"" • en
ern t and
, I, 01" d re•
......Ata. 1100 r_ti..
[ADVERTISEMEN --- Hollows)" -
Pills certain cures for Wounds in the
siding near Low Moor, Bradford, -v" Lefitre, was dreadft ItiT,
afflicted with a bad leg, which was -I°:kss°
t be the
that the faculty declared amputation -° ~ a disordered
ease
saving her life. A large piece of flesh
Continued to incr. of
came away from the calf. The wounds be an t° delagnt-
in size, and the pain was so great that she
gflolloways -,4
obtaining relief until she commenced using ...es have effect
ment and Pilis, but these unparalleled medic'
Llngeornovusi:eanes,taalef
a perfect cure of her leg, and completelY.
health.—Sold by all Druggists and at Prole
Establishment, 244, Strand, London.
reiostrorsedolioewro

BIRTHS.
OF A SON. ~,ay Of
•,, ck 4 the .1"
On the 12th inst., at Folverton-house, Pa '
if-0 f Charley
Richard Harrison, Esq.
On the 15th inst., at Keppel-street, the vi-- 0
at Brook-street,
Rodneyo On
th
ell ulll
he y ,
inst.,Esq
littoover'sclasre' tila
lady of Haynes Walton, Esq.
On the 14th inst., atO the fii"
ofm ooSnantmoi
theiii
ue 1111I6itahmi Meredith,nmsets 1
ae3.t, Esq., Chester-square,
FHAinptoAnu-acolitTEtagle., Berkshire' •
:r. of o"gh
tlhateelL2tiheuitnesnta. hscies.ter-square, the W.—
______
AR WED- t,ingo-
of O thne
mill Alanley Power, Esq., of the Hill-court, ROSE, fieCV 0.13:
inst., ongh pe Gloucestershire, I'd on
Lieutenant-General Sir Manley Power, P-'OO
and K.T. S., to Anna El'enaßlanche, only daughter of u
Probyn, Esq., of the Mainzar-house Longhope.
On the 17th inst , Edward° Lasce'lles Lloyd, Esq., of CPP.f..
st '
Brook-street, Grosvenor-square, to Catherine, young .3ber
viving daughter of the late Peter Lovekin Esq., of .0u
heath, Herts.
DIED. terrBc6
On the 17th inst., at his residence, in Connaught-
Edgware-road, Hugh Bisshopp, Esq., aged 78. Colon
On the llth inst., at York. terrace, Cheltenham,
William Croker, C. 13., aged 64.
On the 12th inst., at Brighton, Miss Mercote, aged.q• the
On the 13th inst., at ltothley Temple, Leicestershire,
Vice-Chancellor Sir James Parker, aged 49. 11a, Wife
On the 16th inst., at Cheltenham, Josephine lobe
of the Rev. Henry Tufnell Young, vicar of Alendon, Osel(eet
•On the 16th inst., at Oak-lodge, West Wickhopeptiord
John Wilson Davis, Eq., of the 13roadWaY,
aged 80. ____,
--_--- - - -- - 40, °I
London: Printed and Published by /
hiIIRDO TO 02
so. 112, Strand, Printer, at Th.e Sun Office, .7:41 of
Rraild. in the Precinct of the Sorov. Jo tae 00--
Pdiallekex, Thura4y, August 19,-,1402.