The Sun.
London, England, 1863-12-16 00:00:00

HEALTH OP THE METROPOLIS.

(From the Registrar-General's Weekly Return.)
The deaths in London have been less in either of
,3 weeks of December than they were in
last three weeks of November. In the
at hney fiorts
tthtew
week that ended last Saturday the number was
1,357. The average number of deaths in 10 corres-
ponding weeks (taking the fiftieth in each of the
years 1853.62) is, with a correction for increase of
0n1,434. The number actually returned
fpoorplualsattiweek is less by 77 than it would have been
if the average rate of mortality for the second week
of December had prevailed.
The births in the week were more numerous than
the deaths by 743.

Small-pox exhibits a great decrease in its mor-
tality compared with that of previous weeks. Only
11 cases of this disease were registered. But the
deaths both from scarlatina and typhus were nume-
rous, 114 having been caused by the former corn-
plaint, 76 by the latter. The mortality of typhus
has increased since October. Scarlatina appears to
prevail much in Kentish-town, Islington, Mile End
Old Town, and Camberwell.
Phthisis was fatal in 142 cases, bronchitis in 132,
and pneumonia in 96. These diseases were all less
fatal than
they had been in November, and the num-
bers referred to them were lower than the respec-
tive averages. These remarks hold particularly in
regard to bronchitis.

Fifty-three persons died at the age of 80 years
and upwards, and eight of these were 90 and up-
wards. Amongst them were two centenarians—the
widow of a bookbinder died at the age of 100 years
at 33, New Compton-street, St. Giles; she never
had occasion to call in a doctor, except once for
an accident, and both sight and memory were good
to the last; a farmer died at the age of 101 years
at 9, Smith-street Clerkenwell ; he had never taken
medicine in his life. Last summer he was able to
make hay and dig potatoes.
A man died of " exhaustion from want of susten-
ance." He was taken to Guy's Hospital, but life
was found to be extinct when he arrived there.
A man died of bronchitis, which is stated to have
been caused by the fames of exploded gunpowder.
Last week the births of 1,112 boys and 958 girls,
in all 2,100 children, were registered in London. In
the 10 corresponding weeks of the years 1853-62 the
average number (corrected) was 1,928.
At the Royal Observatory, Greenwich, the mean
height of the barometer in the week was 36.034
inches. The moan daily reading was above 30 inches
on four days of the week. The reading rose to
30.24 inches on Monday, and fell to 29.87 inches on
Wednesday. The mean temperature of the air in
the week was 47.6 deg. which is 6.2 deg. above the
average of the same week in 43 years (as determined
by Mr. Glaisher). The mean daily temperature was
above the average throughout the week, and on
Saturday the excess was as much as 10'4 deg. :The
lowest night temperature was 34.8 deg. on Thurs-
day, and the highest day temperature was 53 5 deg.
on Saturday. The range of temperature in the

week was therefore 18.7 deg. The mean daily range
was 8.5 deg. On three days the range was only 6
deg. The difference betwem the mean dew-point
temperature and air temperature was 4.5 deg. The
mean degree of humidity of the air was 85, com-
plete saturation being represented by 100. The
wind was nearly always in a south-westerly point.
Rain fell to about 1-10th of an inch. The mean of
the highest temperatures of the water of the Thames
was 44 9 deg. ; that of the lowest was 42.7 deg.

THE NEW JUDGE,

(From the Times.)

We believe that the public, no less than the
legal profession, will rejoice at the elevation of
Mr. Sergeant Shee to the Judicial Bench. When
merit is to be passed over in favour of private inte
rest, it is by no means uncommon to plead deference
to public opinion in excuse of the job. There can be
no doubt that the real claims of Mr. A, are superior
to those of Mr. B, but then Mr. B has the good for-
tune to have an aristocratic name, or to have been
placed, by some previous abuse of patronage, in a
prominent position, and so it is supposed that the
public will acquiesce in his promotion more readily
than iu that of the better man. We have learnt
to put more confidence in the character and intelli-
gence of our countrymen. It is our conviction that
an appointment exclusively founded on a regard for
the public service will very soon be appreciated,
even though the name should at first take people by
surprise. It is the duty of those in power to discover
modest ability as well as to reward ability which can
take care of itself, and the reason why the advance-
ment of obscure men is generally unpopular is that
the motives of such advancement are generally seen
to be unworthy. At the same time, no other test of
capacity can be compared to that of professional
success in the selection of a judge. Such success, if
it implies less in one sense, implies a great deal more
in another than any but practical lawyers can under-
stand. It may not imply literary genius or philo-
sophical depth, or even profound learning and lofty
eloquence, for these are not qualities which the
ordinary practice of the English Bar developes,
or which English attorneys delight to honour;
but it certainly implies a rare combination of nerve,
csmnaon-sense, discretion and self-discipline.
There !may be many briefless barristers who have
boasted these gifts without having had the
opportunity of displaying them, but the in-
stances of those who have won their way with-
out them are rare. When, therefore, a man has oc-
cupied for 20 years such a place among cur advo-
cates as Mr. Sergeant Shee, with the hearty approval
of his brethren, it is a very strong presumption of
his possessing the legal virtues in an eminent de-
gree. To have been designated again and again for
vacant judgeships by his own profession is the best
title to the preferment whichhe has at last obtained.
The qualifications for the Bar and the Bench may
not be identical, but it is in the contests of the
Courts and the social intercourse of the Bar that
the judicial character is formed and recognised.
The more we look into the only objection that has
ever been urged against Mr. Sergeant Shee, the
more futile will it appear. He is known to be a
Roman Catholic, and although the Emancipation
Act expressly opens all judicial offices, except the
Lord Chancellorship, to Roman Catholics, it. was
whispered, rather than argued, that it would be
better not to make the experiment. No Roman
Catholic had been made an English Judge since the
Act passed, and therefore—such was the tacit non
sequitur—none could safely or properly be made at
present. It would shock Protestant feeling, and
shake the respect of Protestants for the integrity and
impartiality of the Bench. Why should not the
Reman Catholics be content with an almost entire
monopoly of judgeships in Ireland, and leave us to
be judged by persons of our own faith ?. These were
quiet times, it was true, but religious troubles might
arise, in which the conscience of a Roman Catholic
might he put into a very awkward dilemma between
his temporal and spiritual allegiance. If their pre-
jedices were not stated, they were felt by some
zealous Protestants, who measured the enlighten-
ment of the community by their own. It is difficult
to deal with them seriously, but it is never super-
fluous to expose a fallacy honestly believed. As to
the want of precedents, then, it has to be shown that
a fit case for the creation of a precedent has ever
before arisen. If any Roman Catholic lawyer as
distinguished as Sergeant Shee has been excluded
from our Bench on religious grounds, we are very
sorry for it, but we know of no such example. We
should be the last to recommend the gratuitous
nomination of a Roman Catholic of second or third
rate reputation for the sake of establishing the prin-
ciple, but when we have one of the highest standing,
whose " call" dates from a year before the Emanci-
pation Act, and who is otherwise most eligible, we
think it would have been a miserable piece of
cowardice to supersede him. We utterly deny that
Protestant feeling is the fanatical and ignorant
thing that is thus travestied. It is scarcely con-
ceivable that any subject on which the difference
between the two Churches would be material
could come before a modern Judge. I a Catholic
were called upon to enforce penal laws against
Catholics, his scruples might bias his judgment—
not altogether in the wrong direction ; but in these
days the nearest approach to an ecclesiastical deci-
sion that he could well have to make would be on
writs of Habeas Corpus in disputes about the cus-
tody of children, or on such points as the right of
ringing chapel-bells at unseasonable hours. Even
if a possible case could be suggested in which a
Catholic judge might be tempted to waver, how un-
reasonable it would be to treat this as an absolute
bar to his appointment ! The whole course of jus
tice is carried on subject to such risks, and on the
presumption that honourable and responsible men
will be proof against them. When a board of
country gentlemen try a poacher, when a jury of
householders pronounce upon the guilt of a man
charged with housebreaking, when a judge has to
apply re law against the policy of which he has
perhaps written pampnlets or made speeches in
Parliament, it requires an effort to avoid partiality.
That effort is one of which minds of averagestrength
and candour are not incapable, or we might as well
abandon our whole judicial system. To people who
are not used to distinguish between their wishes
and the conclusions of their intellects, it must some-
times be painful. To a highly educated man with a
legal training, and exposed to the criticism of an
acute profession and a vigilant Press, the effort
must be comparatively easy, while the consequences
of not making it would be highly formidable.
On every ground, personal, professional, and poli-
tical, Lord Westbury deserves credit for having
done justice to Mr. Sergeant Shee. It is well
known that the responsibility rests with the Lord
Chancellor alone. No pressure was needed to in-
duce Lord Eldon to abstain from encouraging the
aspirations of Liberal lawyers, and his successors
have, as a rule, given the lion's share of their legal
patronage to those of their own party. There is
much to be said against this practice, though it may
be fair for both sides of the House, inasmuch as it
tends to make a seat on the Bench a reward for
Parliamentary support. Still, it has never been car-
ried so far as to injure the integrity or prestige of
the judicature. As Lord Brougham truly says, " for
the last century and upwards no whisper has been
heard against the spotless purity of the ermine," and
no modern Junius has repeated the reckless slanders
that were launched against Lord Mansfield. One
reason of this has been that judicial appointments
have rarely been tainted with jobbery. They have
generally been given to the best man, or nearly the
best man, of the right politics, and sometimes to a
man of the wrong politics or of no politics at all. No
questions have been asked about his religious
opinions, if he was understand to be a Protestant,
and no one has yet given even a plausible reason
why any question should be asked upon this point.

(From the .Daily News.)
The seat on the Bench which was occupied by
the late Mr. Justice Wightman has already, it is
stated, been filled. If the announcement is true,
and Mr. Sergeant Shee has been transformed into
Mr. Justice Shee, the profession as well as the
public have reason to congratulate themselves upon
the selection which has been made.

It would be unjust, indeed, to the memory of a
most excellent man and an admirable lawyer, if
in announcing the name of the new judge no men-
tion were made of that of his predecessor. Having
closed a career not urdistinguished at the Univer-
sity of Oxford by obtaining a fellowship at Queen's,
Mr. Wightman soon acquired a high reputation as
a special pleader, and subsequently joined the
Northern Circuit, at a time when such men as
Scarlett and Brougham were the leaders, and Parke,
Alderson, and Patteson were the chiefs behind the
bar. For some 20 years Mr. Wightman maintained
his position against such rivals. Within less than
30 years every one of that illustrious band rose to
the judgment-seat, and within the same period all
but two hare already passed away. Mr. Justice
Wightman was the last who remained in office.
Nor perhaps is there any incident which could more
forcibly illustrate the character of the late judge
than the manner of his death. To die at the
_ i postn he
of duty is the wish of every true soldier, and
noble.
battle of life such an aspiration is not
less
To the young lawyer courage and Pertinacity are
essential to success as brilliancy
orourscoreuteness will nu-
! ac. P oint
out the man who at the age of
a'ay after day, in
dertake a winter assize—eit
constantlyoin 01: the rack and
close courts, his mindto
his pen constantly at Work, almost
.the very
death is upo).l him, and
moment when the hand of

his success needs no explanation. Such was the
fate of the judge whose loss we deplore, reminding
us of that sturdy Chancellor, Campbell, who after
a singularly protracted career, and in the usual
pause of official business, retired to rest, and was
found by his servant sitting dead in his arm-chair
in the morning.
It is true that the very qualities which enable a
lawyer ultimately to succeed sometimes expose
him to peculiar temptations. Courage degenerates
into unscrupulous audacity, and pertinacity into
impatient violence. At the bar the late Judge never
needed to kick down the ladder by which he
ascended, or to assume a virtue which he had failed
to practise. On the bench he never deigned to court
applause by pandering to popular feeling; or to
explai❑ away expressions used to a jury which none
but himself could have misunderstood. Thoroughly
imbued with the principles of the common law
which he had to administer, hid singularly retentive
memory supplied him with all the learning on any
particular point, whilst his perspicuous acuteness
and sound judgment enabled him to arrive at the
true conclusion. Nor must it be forgotten that for
neatness, brevity, and accuracy of diction,the written
judgments of Mr. Justice Wightman have seldom
been surpassed.
It cannot be said with truth that the eminent
man who has just been appointed by the Lord
Chancellor is cast in the same mould as his prede-
cessor. Universally liked by his professional bre-
thren, and universally admired for his high-minded
character, his reputation at the bar, like that of Lord
Chelmsford and Chief Justice Cockburn, is due
more to his abilities as an advocate than to his merits
as a lawyer. At the same time there is no reason
to doubt that he will admirably perform the duties
of his new office, and sustain the reputation of the
English bench. It has, indeed, been whispered that
the religious faith in which the new Judge has been
brought up should have precluded his appointment.
It is fortunate, indeed, that the Lord Chancellor has
furnished the practical answer to those who hinted
at so gross an injustice. Does any reasonable man
believe that Roman Catholicism absolutely incapa-
citates a man for dispensing justice or administering
the law ? If it does, what is to become of the ma-
jority of Christians, for they must live under
such judges? In Ireland the problem would
seem even more insoluble; for there if Roman
Catholic Judges may be trusted in cases be-
tween those of their own persuasion, who shall
decide between the Protestant and the Catholic
in the same suit ? The question is idle, for experience
has solved it. There is no pretence fur the asser-
tion that since the bench was open to men of all
persuasions justice bas not been fairly administered.
Not even the Record would have the courage in
these days to propose any alteration in the present
system in Ireland. The case is surely much stonger
in England. Even if a single Judge were bent
upon perverting justice, what could all his efforts
avail against all his colleagues on the Bench and a
strong Protestant population ? No Judge can com-
mit injustice, for his decision may be overruled, or
he may be removed from his place.
It is almost an offence to the new Judge to dis-
cuss so ungracious a subject. Mr. Sergeant Shee
has achieved his present position by genuine hard
work. He will no doubt sustain his reputation as
a lawyer. But if, in addition to this, he can succeed
by his impartialiry and tolerance in disabusing his
more benighted fellow-citizens of the superstition
that no Roman Catholic has any sense of justice
when his religion is involved, and that those privi-
leges which in principle have been conceded to men
of all opinions ought really to be denied to Roman
Catholics, he will confer no ordinary public benefit.
It is not many years since some of the most eminent
lawyers of the day were compelled to confine them-
selves to their chambers because they were not
members of the Church of England. That system
has been abolished, and the prizes of the profession
are in theory open to all barristers without restric
tion. To allow such a man as Mr. Sergeant Shee
to reach the top of his profession, and yet to deny
him a seat on the Bench, would be to repeat the
monstrous absurdity of allowing a Dissenter at the
University to enter the arena, but to deny him the
prizes and privileges which usually wait on success.

(From the Morning Post.)
It is definitively known that Mr. William Shee,
Queen's sergeant-at-law, has accepted the Lord
Chancellor's offer of the puisne judgeship in the
Court of Queen's Bench, vacant by the death of Sir
William Wightman, When the fact became known
to the bar yesterday it was the cause of great satis-
faction ; Mr. Sergeant Shee being one of the most
popular, as he was one of the most able, of advo-
cates.

The new judge was born in 1804, the son of Mr.
Joseph Shee, of Thomastown, in Kilkenny county,
and is a Catholic, bat not an " Ultramontane." He
was educated at St. Cuthbert's College, Ushaw, at
Durham, and at Edinburgh. In 1828 (June 19) be
was called to the bar by the Hon. Society of Lin-
coln's [nn, and went the Homo Circuit. In 1840
he accepted the coif, and 18 years later was ap-
pointed Queen's sergeant, ranking next after Mr.
Sergeant Manning, " Queen's ancient sergeant,"
with a patent of precedence. As a barrister Mr.
Shee first earned distinction for his intimate ac-
quaintance with shipping cases, his editions of
A'obott (Lord Tenterden) "On Shipping" and
Marshall "On Insurance" procuring him much
business. He was an eloquent advocate also in
criminal cases, and earned high reputation for the
part he took in such famous trials as those about
the Roupell property, the British Bank, Mr.
Hatch, William Palmer, the poisoner of Rugeley,
&c.

At the general election of 1847 Mr. Shee stood
in the Liberal interest for the borough of Maryle-
bone, the other candidates being Sir Benjamin
Hall (Liberal), Lord Dudley Stuart (Liberal). Sir
James Hamilton (Conservative), and Mr. Robert
Owen (Chartist). The learned sergeant expressed
himself as " not an enemy of the Church " though
" not a member of it," and the electors " must
not expect him to distinguish himself by hos-
tility to the Church of the great body of
the people," though he thought that church-
rates ought to be abolished, and considered the
" Church of Ireland a scandal and a shame to Chris-
tendom." He was in favour of secular education,
for an extension of the franchise, and vote by ballot.
The show of hands was in favour of Mr. Sergeant
Shee and Sir Benjamin Hall, but the poll showed
the following result :—Sir Benjamin Hall, 5,343;
Lord Dudley Stuart, 5,367 ; Sir James Hamilton,
3,667 ; Mr. Shee, 662—a result due to Lord Dud-
ley's concession to the Dissenters on the matter of
religious endowments. " During the whole con-
test," said the learned sergeant, " I can say with
pride that I never heard the disgraceful yell of No
Popery' sounded against me." In 1852, however,
he was more successful ; not, however, in England.
He stood for Kilkenny county at the general elec-
tion of 1852, and was returned at the head of the
poll, obtaining 2,153 votes; his colleague, Mr. John
Greene, 1,922 ; while his opponents, Lord James
Butler, polled but 441 ; and the Hon. Leopold Agar
Ellis, 267. In 1857 he was not so fortunate. The
Hon. L. A. Ellis polling 2,587 votes; his colleague.
Mr. J. Greene, 1,630 ; the Hon. Mr. Mostyn, 1,314 ;
and Mr. Shee, 1,034. In 1859 he stood again, and
was again defeated, the close of the poll showing
for the sitting members, the Hon. L. A. Ellis and
Mr. J. Greene, 2,507 and 2,036 votes respectively ;
while Messrs. G. H. Moore and W. Shee, the
tenant-right champions, had respectively but 1,774
and 1,610 votes.
In Parliament Mr. Shee was not a popular
speaker, but he was a very active member of the
Roman Catholic party, and was the promoter of a
scheme of Irish Church reform much more favour-
able to the Church—introduced by much more
candid and fair statistics—than Mr. Bernal Os-
borne's in 1863.

His lordship is, as has been said, most popular at
the bar for his sterling worth and genial manners.
He has several times gone circuit as judge of assize,
and has won golden opinions from barristers and
the public for his dignified bearing, his courtesy,
and his eminently judicial temper. A better ap-
pointment to Justice Wightman's office could not
have been made.

Mr. Shee married, December 26, 1837, Mary,
daughter of the late Sir James Gordon Gordon,
seventh baronet, of Letterfonrie, Banffshire, by
Mary, daughter and heir of Mr. William Glendon-
wyn, of Glendonwyn, sister of the present baronet.
Mrs. William Shee died October 11, 1861, too late
to see her husband a judge, though not too late to
know that he had long earned the honour.

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METROPOLITAN FIRE-BRIGADE DILL

Yesterday a special and very important meeting of the
representative vestry of St. Marylebone took place at the
Court-house, for the purpose of considering a propO sal for
the introduction of a bill by Government, to take the. Fire
Brigade out of the hands of insurance companies, amd, by
means of a tax upon the ratepayers of the metropolis
for
support, place the control in the hands of the Metropolitaa
Board of Works.
Mr. Churchwarden Hodges having been called to the
chair,
Dr. BACHIIOFFSEIt contended that, as the Government
received an enormous amount in the shape of duty upon in-
surances, they had a right to sustain the expenditure of a
fire brigade if it was to be taken out of the hands of the in-
its
surance companies, and not tax the ratepayers for such a
purpose. It was proposed to raise a penny rate over the
whole metropolis, and as Marylebonc would have to contri
the
buto about one twelfth of the whole, the matter was of
highest importance to them. He moved a resolution. to the
effect—That the members for Marylebone at the
litan Board be requested to oppose the contemplated at range'
ment of placing the Fire Brigade of the insurance offices
under the direction of that board unless the cost of Wain;
tenance and expenses incidental thereto be annually deft Ye"
by the Government. Motropo-

The motion having been seconded,
Mr, SHAW moved, as an amendment, "That the vestrY
looked with anxiety at a further attempt on the part of the
Government to extend its interference with the princiPle.i
of local self-managament which it condemned as unoon
tutional and impolitic." Mr. Shaw contended that ono
whole tendency of the proceeding was centralisation, allds
he believed the real plan was to put the matter in thet inaali
of the police. If that were the case, they would 110° hd
the parishes burnt down before they got assistagice, tho
they would be coolly informed by Sir It. MaYae that
police were on some other duty.
Mr. WAKE seconded the amendment, and said if thciehret
was to be any change to be effective, the Fire Brigad 0111'
to be in the hands of parishes and local boards.
This amendment was put and negatived,
Professor MAatts was of opinion that the Metropo
Board had quite as much business upon its hands as it c 613
possibly dispose for the advantage of the public and w,o
ratepayers, and that the members are requested to oPI% -
the bill unconditionally.

This was also seconded and negatived. #
o tba
A third amendment was moved by Mr. FREETO,
effect that he was opposed to any scheme for alteriog,
tht
management of the London Fire Engine Establisbn'en,o
which would throw the whole or the greater part of t'`ila
expense of that establishment upon the ratepayers of
at
metropolis ; and was alike opposed to the placing t
establishment under the control of the Metropolitan Vcnit
of Works.

This having been seconded, prlt
Mr. NonTox 84id it appeared to him that the Govero3-0,
were determined to carry this measure, and if the getle,
litan Board refused the control, it would go to the P°"-

which would be infinitely worse.
Mr. VEREY agreed to some extent with Mr. an
Freeth'
but he thought it a most unfair thing that not more
one-third of the metropolis should pay for insurance, 1.
that the others who had the benefit of a fire brigade ill ce!sse
of fire should escape. The present organisation of tile;:r
Brigade was mot inefficient, as the great fire at i°11"
bridge and more recent cases testified. It wanted, there the
either a municipal or some other control than that of
03e
insurance companies. He therefore disagreed witAjliate
latt3r part of Mr. Freeth's amendment, which roPa',.lls
`—,l3
the control of the Metropolitan board of Works, I°.„
looked upon the Metropolitan Board of Works as the to
-
bodiment of local self-government. Mr. Verey pointecived
New York, where large bodies of young men were eor!,:,
as members of the fire brigade, and considered that the i'""
principle could be carried out equally well in London'

Mr. Freeth's amendment eg. n e'
Mr. FILMER considered that prnopearty tivedrequiring Pr-t e
te,
tion from fire should bear the expense, and that if the P'll-,
sent system were changed, a separate board should be OS
lished to manage the brigade, and charge the expenee °Pe
managet,.
the insurance offices, the Government paying a fair Pr°P°'

tion for public buildings. 'os
Mr. CARR considered the present system of supportit
the Fire Brigade was the proper one, and should be perpe

ated by law.-
A variety of other opinions were enunciated, And °r
six
M amendments having been put and
xpnegatived,
essrs. NICHOLAY and D'IFFANGER eroseu an not
nion that the Metropolitan Board, although theY did lib%
seek the power, would not hesitate to take the control a
brigade if called up to do so.
ultimately an amendment was moved by Mr. 5tr111119,,,;
and carried, that it be referred to a committee of the vi""
board to oppose the measure.