The Sun.
London, England, 1862-04-02 00:00:00

THE SUN, LONDON, WEDNESDAY FIVENiNui, APRIL 2, 1862.

CITY COMMISSION` OF SEWERS.

Yesterday, at the weekly meeting of the Commis-
sioners of Sewers, held at Guildhall, Mr. De 'jersey
in the chair, Dr. Letheby, the medical officer of
health, reported on the state of 171 houses that had
been inspected during the week, and submitted a
list of 128 places for sanitary improvement. He
likewise reported that the markets, slaughter-
houses, and cow-houses of the city had been duly
inspected in the week, and that the officers had
seized 4,8711 b., or rather more than two tons, of
meat, and 179 head of wild fowl,as unfit for human
food. It consisted of 27 sheep, 3 calves, 7 pigs, 31
quarters of beef, and 36 joints of meat; 41b. of it
were putrid, 4,4601 b. were diseased, and 3701 b. from
animals that had died from natural causes. All of
it had been destroyed. On Friday last Mr. Bruce,
of Fox and Knot yard, was summoned before the
justice for having received into his slaughter-house
the carcase of a cow that had died from pleuro-
pneumonia in a London cow-house, and dressed
it as food. He was fined £2 and costs. The
mortality returns were a little below the average
for the season. Last week the number of deaths
was 58, whereas the proportion for the correspond-
ing week of the last six years was 63; 34, or more
than half the deaths,were among children of less than
five years of age,and 12 were among old persons of 60
and upwards. The chief causes of death were as
follows :—Phthisis, 4; pneumonia, 6 ; bronchitis,
11 ; mesenteric disease, 5 ; whooping-cough, 3 ;
croup, 3 ; continued fever, 3 ; and scarlet fe7er, 1—
making together 11 deaths from tubercular diseases,
18 from inflammatory affections of the lungs, and
10 from diseases of the zymotic Blass. Sixty-three
births were registered in the week, namely, 35 boys
and 28 girls. Mr. Newman, one of the inspectors,
said, in reply to Mr. Young, that in one cow-house
he found no less than 24 cows in a diseased state,
and which, notwithstanding, were regularly milked
for public use. He had reported the fact to the
medical officer. Mr. Haywood, the engineer of the
Commissioners, called their attention to the nui-
sance, both to the neighbouring inhabitants and to
the public, caused by the hoarding at the corner of
Eastcheap, which projected far into the public road,
and had impeded the foot and carriage traffic for
the last 18 months. The matter was referred to
the General Purposes Committee, with the view to
a speedy remedy. A communication was read from
Mr. Shepard, one of the directors of the Carburet-
ting Gas Company, with whom the Commissioners
recently entered into a contract to apply the process
by way of experiment to the public lighting of a
district in the city, describing the progress of the
work, and stating that they had fitted up 1,200 car-
burators to the public lamps in the district allotted
to them, by which there would be a saving of 30s.
on each lamp in the year, without any diminution
in illuminating power. The Improvement Com-
mittee reported that they had succeeded, after nego-
tiation, in inducing the directors of the Oriental
Bank in Threadneedle-street to set back the line of
their gates so as to range with the line of the Baltic
coffee-house, without requiring any compensation,
from which great public convenience would result.
The Court then adjourned.

said it no 'doubt rested entirely on the evidence ofi
Mr. Westall, the gentleman who had struggled
with the burglars so bravely.
The jury, a-fter tan minutes' consideration, found
the prisoner guilty.
the
The learned Judge, in passing sentence, aaLl
crime was one of the most serious which could be
committed, and, as it had been accompanied with
great violence, and the prisoner had been guilty of
wounding as well as of a burglary, it would have
been his duty, if the case had occurred at the last
assizes (before the act of last session abolishing the
punishment of death in several other cases), to pass
sentence of death; as it was, he could not do less
than sentence the prisoner to six years' penal ser-
vitude.
(Before Lord Chief Justice Brie,)
BATTE.RSHALL V. FITZGERALD.
This was an action for false imprisonment. The
defendant did not justify the charge, and pleaded
not guilty.
Mr. M. Chambers, Q.C., and Mr. C. Wood were
for the plaintiff; Mr. Sergeant Ballantine was for
the defendant.
The plaintiff had gone with one Capt. M'Can to
Brighton, where they bought a horse, for which
they gave a check of the latter, which was not
honoured. At Riegate the defendant, who was a
friend of the seller, by his desire gave the plaintiff
into custody on a charge of felony. The charge
was dismissed, and this action was brought.
Mr. Sergeant Ballantine, who Vas not in a posi-
tion to call witnesses, addressed the jury as to
damages, and
The Lord Chief Justice left the case to them on
that point.
They found for the plaintiff—Damages £25.
TAYLOR V. JONES, THE YOUNGER.
The plaintiff in this action complained that the
defendant had thrown heated oats in his eyes,
whereby he was seriously injured.
Mr. Sergeant Ballantine- and Mr. Laxten were
for the plaintiff ; Mr. Hawkins and Mr. Holl were
for the defendant.
The plaintiff was a labourer who had been engaged
as a "corn runner," in taking up corn out of barges
at the defendant's wharf. On February 4, as he
swore, he saw the defendant take up a handful of
damaged oats (which were in a heated state) and
dash it in his face. Ho said he cried oat, " Oh,
you have blinded me !" and that he had suffered
great pain, and had been injured in his eye. He
also swore that he had complained to the defendant
about it.
The defendant was called, and distinctly denied
that he had thrown anything at the plaintiff; and
the father was also called, and confirmed the con-
tradiction as to the complaint alleged to have been
made.
Mr. Sergeant Ballantine made a very energetic
appeal on the part of the plaintiff in reply ; and,
The Lord Chief Justice having summed up the
case to the jury, they found a verdict for the plain-
tiff—damages, £l5.
TAYLOR Y. TYLOR.
This was an interpleader issue in which the plain-
tiff was claimant under a bill of sale dated Feb. 28,
and the defendant was execution creditor, who had
seized the goods under a writ and warrant on the
3d March.
Mr. Sergeant Parry and Mr. Hance were for the
plaintiff; Mr. Dickie was for the defendant.
It was proved that the execution debtor was
really indebted to the claimant, and the case for"
the defendant, the execution creditor, being only
that the writ was dated before the bill of sale, and
no notice being shown to the claimant before the
bill of sale was given.
The Lord Chief Justice said there was no answer
to the claim, and therefore directed a verdict for the
claimant.
Several cases wore taken and turned out to be
undefended.
In the next case (No. 12), the plaintiff, an attor-
ney, suing for slander, not being present,
Mr. Hawkins, on his behalf, applied to postpone
the trial, on the ground that his client was acci-
dentally absent.
Mr. Lush, for the defendant, opposed the appli-
cation. The absence of an attorney plaintiff could
hardly be excused.
The Lord Chief Justice said he was willing to
take any other case which was ready.
No other case turned out to be ready.
Mr. Hawkins remarked that the cases had gone
off much more quickly than had been expected.
Mr. Lush said, on the other hand, it must be
admitted that the absence of a plaintiff, and he an
attorney, who had only yesterday himself entered
the cause, was unexplained, no ground for post-
ponement.
The Lord Chief Justice said the case must be
called on unless a guarantee could be given for the
costs of the day.
This not being given, Mr. Hawkins -.withdrew
the record.
No. 13 was then called on.

NORTHERN CIRCUIT, LIVERPOOL, April I.
(Before Mr. Justice Mellor and Special Juries.)

CLEMENTSON T. THE LONDON AND NORTII-

WESTERN RAILWAY.

This was action to recover damages for an acci-
dent which occurred to the plaintiff by reason of
the insufficient lighting of the railway station at
Mossley.
Mr. Edward James, Q.C., and Mr. Aspland ap-
peared for the plaintiff; and Mr. Overend, Q.C.,
and Mr. Simon for the defendants.
It appeared that on the 14th of December last
the plaintiff had been dining with his brother, and
was going from Mossley to Ashton by the 5 48
train, and was waiting on the platform of the Moss-
ley station for the train with a crowd of people.
The old station had been pulled dawn and was
being rebuilt. At one end of the new station a
verandah was building, which was imperfectly
lighted with an oil lamp. At the other side of the
railway there were two gas lamps, which cast a
light across the railway. On the train coming up
the carriages shut out the light given by these
lamps. The plaintiff was under the verandah, in
the crowd, and as the train came up he stepped
back to get out of the way. In doing so he fell
over a block of wood, striking his face against a
large piece of slate. His face was cut, and for a
long time he was confined to the house and unable
to attend to his business of a cotton dealer. He
had since suffered from severe headaches, and was
unable to masticate his food on that side.
The defendant's case was that the station was in
the process of being built, and the plaintiff had
frequently been there, and knew that the building
materials were lying:bout, and that it was his own
carelessness and negligence which led to the acci-
dent.
The jury found a verdict for the plaintiff.—
Damages, £2OO.

"OXFORD CIRCUIT.—GLOCESTER, April 1.
(Before Mr. Baron Channell.)
George Collins, 24, a soldier, was charged with
burglary in the dwelling-house of Francis] Veale, on
the night of the 30th of December, 1861, at Stow-
in-the-Wold.

Mr. R. Aikwright conducted the prosecution.
The prisoner was undefended by counsel.
It appeared teat the prisoner was a private in
the Royal Horse Artillery, and on the night in
question he was seen near the premises which were,
broken open, but not entered, and evidence was
given that footmarks in a newly-dug garden and in
the snow corresponded with marks made by the
prisoner's boots, but as this evidence was not satis-
factory to the jury, he was acquitted.
The prisoner was then tried upon a charge of
attempting to commit a burglary at another house
in the same neighbourhood and on the same night.
The evidence was similar to that given in the first
csse, with the addition that in the yard of the pro-
secutor's house was fonnd an envelope addressed to
the prisoner, and containing a letter written by the
prisoner. Upon this evidence the prisoner was
found guilty, and
Mr. Baron Chan n ell sentenced him to six months'
imprisonment, with hard labour.
Tryphena Wayman surrendered to take her trial
upon a charge of maliciously setting fire to a rick of
straw, the property of Henry Anstey, on the 20th
of February, 1862, at Tortworth.
Mr. J. 0. Griffits conducted the prosecution ; Mr.
R, Sawyer defended the prisoner.
The prisoner is a young girl, about 15 years of
age, who was formerly in the service of the prose-
cutor as nursery maid. The prosemiter is a farmer
at Tortworth, and on the 20th of February last he
had three ricks in his yard, near his house. At
about 6 o'clock in the evening the prisoner came
into the kitchen from the yard, and gave an alarm
that one of the ricks was on fire. This was found
to be the case, and in the result all three ricks, valued
at £250, were consumed. There was no evidence to
connect the prisoner with the fire beyond the fact
that she was seen near the spot just before the fire
was discovered, but when she was taken into custody
by the police she made a statement that she should
not have done it hut for another servant, who had
made her a great deal worse, and advised her to do
something to spite her master.
Mr. Sawyer addressed the jury for the prisoner,
but she was found guilty.
Sentence deferred.

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