The Sun.
London, England, 1849-07-25 00:00:00

THE Bll N, LONDON, WEDNESDAY EVENING, JULY 25 1849

LAW INTELLIGENCE.
/.I', • A' RY CO T, July 24.
(!aefore Sir J. WIG:AA:N.)
BR'_,GDEN V. THE S )UTII-EASTFHIN RAILWAY, 053IPANY
(Trio N,,RTH-KENT BRANCH).
Sir Fitzroy KaPy, Mr. Matins, and Mr. J Bailey
ap-
peared this morning in support of a motion, r
stance of the above company, to commit the plain .1_ fur
a e ntempt of the court, in violating. an ordeii, d
ttohecilentliieitnes ea.,
plah,retri,f;bn
Yofh.ethevai.s,;
orretqhu required
tet.nßbt
,nm,e2levr iecoxlt,
cf
Woolwich and Frith. Thecontractor, had
plaintiff,. the
' tending shout twelve miles, in the meet! snrLio'd
moved, on the 16th inst., fur an Injunction reearestrainingplants, engines,
.barrows,portion of the
from that p.
the company from interfering with and removing his
line, and taking it into their own hands, it being admitted
that, by the contract between the parties, he was rot
bound to complete the works before November next, al-
though the company had endeavoured to induce him to
They had
complete it early this month, so asno be opened, for the
visitors to the t.ieete operations at Chatham. 'Fe
offered him 5,000/. for expedition money. Upon this
motion coming on an order was made by which it was
arranged that the company undertaking to make
no material or substantial variations in, or addi-
tions to, the orders &ready is-med by the engineer
in the construction of the line, and the plaintiff under-
taking to complete the double line of rail, fit for public
traffic to the satiseinition of the Government inspector,
on or before midnight on Friday, the 20th inse, the cern-
pally undertaking on Saturdey, the 21st, to pay him
5,000/. for such expedition, and paying within a fortnight
the balance of all sums certified by the engineer to be
due to the plaintiff in respect of the works done; and
that if the engineer should certify what was due to the
plaintiff in respect of the works done or to be done by
him within one week after the same was completed, the
company would pay the amount within 14 days after the
same was certified; but if the plaintiff failed, he was to
deliver possession of the line on Saturday, the 21st, at
noon, in whatever state it was, suleject to the adjudica-
tion of his rights under the contract by the court. The
Learned Counsel stated that it was of course net the ob-
ject of the company to gratify any resentment against
Mr. Brogden, but to establish, by means of the process of
the court, the right of the company to the possession of
a line of railway on which they had expended millions,
so vs to use it for the benefit of the shareholders and the
public. They complained that no one of the conditions
of the undertaking had been performed, and they re•
ferred to the report of Captain Wynne, the Govern-
ment inspector, and to the affidavits of Mr. Herbert,
the secretary, Mr. P. W. Barlow, the engineer-in-
chief, and of other persons connected with the company,
as evidence that the line had not been completed accord.
ing to the undertaking by Friday night. They stated
that the company considered that they were losing traffic
to the amount of 1,000 per diem during the present
i season. They were willing to pay the 5,000 nto. court,
end any sum equivalent to the probable profits of Brog-
den's contract for repairing the railway for the next two
years upon obtaining possession, although they denied
that Mr. Brogden was entitled to the 5,000/, as he had
not performed the condition upon which it was payable.
It appeared that in consequence of two of the Govern-
ment inspectors being laid up with cho!er I, it was not
found practicable to obtain the inspection by Cept. Wynne
before Friday evening. That gentleman had reported
to the Railway Board, who had prohibited the line from
being opened for one month, although it was
believed by the company that, if they could
obtain possession of the line, End discharge
Mr. Brogilen, they might complete it satisfac-
torily to the Railway Baird, and open it without delay.
The evidence sho,-,ed that the line was not finished even
by a late hour on Saturdsy, some of the rails being only
laid on Saturday n exiling. Captain Wynne, in his re-
port, stated that he had on Friday inspected the line;
that he sound several chairs of the up-line remained. to
be laid, and that through the town of Woolwie'n it was
so encumbered with rubbish and materials as to be im-
passible. Ile report( d that, from the incompleteness of
the permanent live between Woolwich and Erith, this
portion of the line could not be opened with safety to the
public; that he had been unable to inspect the Green-
wich portion of the line, or the Bricklayers' Arms
branch. The company also could prove that such had
been the determination of the plaintiff to retain posses-
sion of the line that he had given orders, prior to the
motion of last week, for taking up portions of the line,
and causing obstruction to the company in their attempt
to obtain possession and complete it themselves.
The Solicitor-General, Mr. Wood, and Mr. A. J.
Lewis on behalf of Mr. Brogden, opposed the motion,
which they insisted, both in point of form and upon the
merits, must he dismissed with costs. They complained
of the attack which had been made upon the character
of the plaintiff, who, as a man of business, felt that the
imputations might be injurious to him in future under-
takings. In the present case the plaintiff was still within
his original contract, which did not expire until Novem-
ber. The company hail endeavoured to urge the comple-
tion o fails part of the line by July, in order to realise
large profits by the Chatham siege, and had offered 5,0004
as expedition money. They contended that the evidence
would satisfy the Court that if the Government inspector
were sent down at that moment he would certify that the
line was quite ready for working. It was stated that Cap-
tain Wynne himself had stated on the spot, on Friday,
that it might very easily be ready for travelling upon on
Saturday. It was a curious proceeding on the part of
the company to send for the Government inspector at
twelve on Friday noon, to report whether it would be
completed by the same day at midnight. The evidence
showed that carriages had been up and down the line on
Saturday, and since, at the rate of 25 miles per hour,
with perfect safety, end that between eleven and twelve
on Friday night the engine had run over every part of
the work for which the plaintiff was responsible. They
referred to the statements of witnesses as to delays
caused by a want of supply of chairs, it being stated that
the men had lost eight hours on Wednesday, and six
hours on Friday morning, from that cam-e. One of the
workmen, at the end of the line, in the company's
interest, was stated to have held up a portion of the
rail, refuting to place it until five on Saturday morning,
when he did so, exclaiming, " Now Mr. Broeden shalt
,not have his 5,0001, for he has broken his contract."
They argued that there was no instance of a motion to
commit for the breach of an undertaking until an order
had been formally made. The words of the undertaking,
" deliver up the line," merely meant taking off the work-
men, and allowing the company to work it. As to the
charge which' had teen made against the plaintiff of
taking up a portion of the line early last week, for the
puriase of obstructing the company in their attempt to take
possession, the Learned Counsel observed that their
client had, previously to the motion on the 16th, given
an order to that effect, which he was justified in doing,
in order to oppose force to force, but nothing of the kind
had taken place since the Court had interfered.
His Ho?ionn intimated, during the argument, that he
was of opinion the " possession" which was undertaken
to be delivered up, mutt be construed as meaning the use
of the line; but that the plaintiff was not thereby to be
precluded from using the line so far as was necessary for
carrying on the repairs for two years. He considered
that the present struggle could only have the effect of
depriving both parties of what it was their interest to
have, and he strongly recommended them to come to
some arrangement. The order, for a breach of which
the commitment was asked, was in effect:, a contract;
but how could the Court decide that a condition of it
had been broken upon a motion for commitment? He
was strongly inclined to think that, before moving to
csusmit, an order ought previously to hare been ole
tained, in the alternative for delivering up possession or
for commitment.

The case was not cmcluded when the Court rose, but
at this stage of the argument an offer was made by the
company to pay the plaintiff 5,000/. on account, instead
of paying it into court, upon being put in possession of
the line; but Mr. Wotd and Mr. Lewis declined ac-
ceding to it until they had an opportunity of consulting
the Solicitor-General, who was at that time absent.

ASSIZE INTELLIGENCE.
WESTERN CIRCUIT—Exeter, July 23.
(Before Mr. Justice WILLIAns.)
William Ford was indicted for the manslaughter of
Andrew Morison, on the 19th of June, on the high
seas.

Mr. Rowe prosecuted, and Mr. Cox defended.
The prisoner vas the captain of a brig called the
Mersey, bound from Quebec to England, and thn charge
against him was, that by blows and ill-treatment, or by
putting him to improper work when in a bad state of
health, he had cawed the death of Morrison, who was
one of his crew. The ill-usage was so great that some
of the men complained to the prisoner about it ; but
his reply was that the deceased was a skulker, and was
dodging. The witnesses believed the deceased did his
best.

For the prisoner it was contended that the deceased
had imposed upon the prisoner by representing that be
was a seaman, whereas he was ignorant of his duties;
and that the prisoner had only done what was requisite
to maintain the discipline of the crew.
Some of the crew were then called to make out this
case; but, on the whole of the evidence,
The jury found a verdict of Guilty.
The Learned JUDGE deferred the sentence.

NORTHERN CIBCCIII:—York, July 23,
Crown Court.—(Before Mr. Justice WIGIITMAN.)
William Marsh and James Bell Lord were indicted for
conspiring to cheat and defraud the Agriculturist Cattle
Insurance Company; other counts charged them with
endeavouring to obtain money by false pretences.
The jury tiiund Marsh Guilty, and Acquitted Lord.
His Lordship deferred sentence (motion having been
made in arrest of judgment) until the point reserved had
been argued.

The prisoners were identified, notwithstanding that
they had worn disguises; and they were all sentenced to
transportation for twenty years.
A fearful case of pe.tricldal murder is appointed to he
taken at eight o'clock to-morrow morning, one Thomas
I)oxey, aged 25, standingg charged with the perpc tration
of the crime on the :30th of ll,cember last, at Glossop,
upon Job Dxy.

OXFORD July 21.
CIVIL SlDE.—(Before Mr. Baron ROLFE and a Com

men Jury.)

LANGLEY 21, PASTOW.-Br:EACIL OF PROMISE OF MAR•

RIAGE

Mr. Sergeant Allen and Mr. Greaves were counsel for
the plaintiff, and Mr. Sergeant Talfeurd and Mr. Whate-
Q C., for the defendant.
Mr. Sergeant ALLEN stated the case to the following
effect:--The plaintiff was a young lady, of good educa-
tion, great beauty, some accomplishments, and not with-
out respectability of birth. Her grandfather was for-
merly rector of Checkley, in this county, and her father
was formerly a veterinary surgeon of considerable skill
and eminence, but in 1845 he took a farm of 300 acres
of lend at Hednosford, and it was while moving in that
station that the defendant became acquainted with the
plaintiff. At the same time that he took the farm be
also took an inn, and during two or three years applied
his energies to rcarieg racehorses, the management of
the farm, and the conduct of the inn. The plain-
tiff was then about twenty years of age, and
the defendant twenty-nine; and from the time of his
first introduction down to the present, when he thought
proper, in the most unqualified and unfeeling terms, to
break off all connexion, he paid her every attention
which a min who in:ceded her for his wife could have
dot e. In 1845, in order that there might be no doubt
as to the r ature of their intercourse, he, in her brother's
presence, made her a distinct promise of marriage, so that
it would not be in his power to say there was any inter-
course between them but such as was protected—nay, he
might almost say hallowed—by such a promise. SITI;h
such a premise, there was, of course, ro restriction on
the intercourse of the parties. When one considers the
position of both parties, it was not surprising that the
plaintiff's friends should place great confidence in the
defendant. That brought them to the written evidence.
and as there was a voluminous correspondence, he would
not fatigue the jury by reading more than bare on the
issue ; if his Learned Friends on the other side thought
;ha other parts material to them they might read them.
The promise was made on Friday, the 22d of March,
1845, and in a letter addressed to her, dated in April,
1845, he began thus:—
" My dear Rezialt—You will think me negligent, but
you wrong me ; there is not a being under the canopy
f Heaven, iu my estimation, so worthy of every atten-
tion. When I make a vow of constancy I esteem it as
an oath, and, wishing you may do the same, I remain
yours truly."
In a letter written on the sth of May, 1845, he said—
" Remember, my beloved, that Will's happiness de-
pends upon you. Your list letter has given me great
pleasure for your sincere and candid avow:el of mutual
love; but actions, not words, must testify my gra-
titude."

About that time she became unwell, and was recovering,
and it seems that he had gone to see her, and on the
25th of July, 1845, he sent a letter beginning--
" Kessie, my love (showing that he was then become
more familiar), it has given me great pleasure in seeing
you in sickness and in health; how happy shall I be if
ever it is my fortune to be possessed of such an amiable
coropanion. liessiel)ve, how kind it wax of you to send
me home on Sunday. Yes, lies,ie love, you little think
what future bli.s is i❑ store for us, but it cannot be ac-
complished till we are one for ever; thou art loved as
never was woman loved bl.torc."

In a hitter of August 17, of the year—
" If you have half the pleasure in reading mine that
I have in re; dirt; yours, you will parlon the imperfec•
tions of this. You may trust yourself to tey protection;
believe me, it is a sacred deposit.'
In a letter Sept. 11 this passage occurs—
" The mutual 'attachment which now exists between
us shall never cease with me, but my pure and honour
able motives, combined with the ardency of my love, will
go on increasing day by day. My ht art yearns to see
thee ; but I cannot just now, as we are so busy in the
corn. Yes, Bessie, words are inadequate to express my
idea, and I know that we shall happily weather the
storm of life."

In a letter of the 12th of October he ea;.d—
-" I look for and to that blissful life when we two shall
he one;"
and on the 4th of December he said—

" Your welfare is my welfare; our interests are bound
irrevocably together."
On the 30:h of March, 1846, ha said—
" Kessie love, did Friday, the 27th of March, bring
you any pleasing recollections? I thought I that day
had gained a true friend. I hope I shall have it in my
power to make you a due return. Nothing can be so
pure as my love to you. lam convinced that our for-
tunes are indissolubly linked together.
IV here'ere I roam, whatever realms I see,
' My heart, unchanged, will fondly cling to thee ;'
For sooner than forsake one of so much beauty and
worth I would become tho contempt of all human
creatures."

Again, on the 15th of April, 1847, he says—
lam at a loss to express my thoughts on that aus-
picious day, the 27th of Much."
Un the sth of September, 1848,
"Itcst assured, my dear girl, that no miserable convict
looks forward to the time of his release with half the
pleasure that I do for that happy time when I can fulfil
those sacred engagements and perform those faithful pro-
mise.' that I have so often made to you."
About that time the plaintiff's father came to live in tho
neighbourhood of the defendant, and thenceforward
there was not much correspondence by letter; but he was
received by the family on the usual terms, sometimes
staying in the house for several days. Towards the
latter end of 1848 some rumours had reached some mem-
bers of the family that he had some notion of not per-
forming his promises; and in consequence it became de-
sirable that the term of the youthful couple's probation
should be shortened, and on this subject the mother of
athe plaintiff fr t
heeqronien
the t l spoke y
plaintiff
that
there
heassured
er
ew
as no he r
indis-
position on his part to fulfil his promises, and he kept up
the delusion even to within a fortnight of his marriage.
Ia the month of May of this very year, about a fort-
night before that marriage, he assured her that there
was no alteration in his affections, and that she might
rely on his fulfilling his promises, and intreated her
mother to dissipate any doubt that might have arisen in
her mind. The first notice that the family received of
his altered intentions was conveyed in a letter, than
which a more heartless production never emanated from
the basest mind. This letter was received on the Bth of
May, en the very morning of his marriage with another
woman; it commenced—
" Dear Miss Langley,—l cannot possibly spare time
yourtbt
oou iaonetes?y,,s, otfetuoro,
uiamirn,
tirebrm.eoi
wan kige
syhlaoobsuulh,
,laadlet
l:httatri alve.
vieanedtdeiodnnwet
hi
together.wtehham samet y particulart
y
time to bay much. I will expect to hear from you as to
what I shall do with your letters, as some of them relate to circumstances of your family which I shall never re-
veal unl, ss you drive me to do it. Al.houo we shall
not be so nearly connected as you expected, I may un-
affectedly say—l may truly say—it is not from any
offence on your part, for your behaviour has been always
west kind and deserving. I shall pledge my faith to-
morrow at the altar of another deserving object. I shall
not be at home until the beginning of next week, and if
you wish to take back your letters pleasantly you can
hava them; but if you adopt the steps which I have
heard of your threatening to do, each must do the best
we can. I have one consolation—that is, I have nothing
to lose. Believe me, I have always bad reason to re-
spect every member of your family; and whenever I
can do anything for them, I shall be the same as I
ever was.'

'hat was the only communication from the defendant to

intimate his intention to break off his promise. «'ith
regard to the means of the defendant, he should say that
he was the son of a gentleman who was approaching 80,
and farmed some land and had some more of his own,
and the whole of whose property was to be divided be•
tween the defendant and his two sisters, and that defen-
dant stated on his father's death he would be possessed of
3001. for life, which he might dispose of as he pleased,
and 1/. a week to be strictly settled on him, and which
he could not touch. These statements were supported by
the evidence of the plaintiff's brother and mother. The
letters, of which the Learned Sergeant had read selected
extracts, were not read in detail, and nothing more ap-
peared of them than what the Learned Sergeant had read.
There was an attempt made to prove, on cross-examina-
tion, that the plaintiff's family knew that the defendant's
father was averse to the marriage, but it failed altogether.
Mr. Sergeant TALFOURD having addressed the jury
for the defendant,
Mr. Baron ROLFE summed up, and
The jury, after twenty minutes' deliberation, returned
a verdict for the plaintiff, with 4001. damages.

July 24.
CIVIL SlDE.—(Before Mr. Baron ROLFE and a Spe-
cial jury.)
NEWMAN V. DOWNING.

This was an action brought by the plaintiff, who is a
coal-master and publican, living at Wednesbury, agai❑st
the defendant, who is now a maltster, but was formerly
a butcher, living at Smethwick, for the seduction of his
daughter and servant, Mahala Newman. The defendant
pleaded the general issue, and that Mahala Newman was
not the servant of the plaintiff.
Mr. Whateley, Q.C., and Mr. Gray were counsel for
the plaintiff; and Mr. Sergeant Talfourd and Mr. Skin-
ner for the defendant.

The plaintiff's daughter, Mahela Newman, an l the
defendant were schoolfellows. Soon after the defendant
left school, he commenced business as a butcher, and
was in the habit of calling at the plaintiff's house for
orders. The plaintiff had four daughters, and Mahela,
the eldest, acted as his housekeeper. The defendant
became her suitor, and continued so for four or five
years, until she became pregnant, when he deserted
her. She had previously evinced symptoms of consump-
tion, and after giving birth to a child on the let of
February last, she died of that disease about a month
afterwards. Previous to her death a commission was
issued to take her examination with a view to the pre-
sent action, and the examination being attended by the
defendant and his attorney and counsel, she deposed
(inter alia) as follows:—" I was twenty-three years
old last Novernbar. I have performed all the duties
of housekeeper for my lather for the last
four or five years. I have known the defendant
many years. I went to school with Lim at West
Bromwich. I. was then fourteen years old. It is seven or
eight years since the defendant came to court me, but
he came very strong towards the last. He has fre-
quently promised me tnsrriage. Two years ago he
told me to get my wedding clothes ready. I then
bought materials for dresses, but they were never made
up. No other person ever paid addresses to me besides
the defendant. Ile has had improper intercourse with

; me. It commenced four or five years ago. It was in
this room (the plaintiff's parlour). At that time he said
he wished the tlesh might drop off his bones if he ever
left me. He has said so several times I swear that I
never had connexion with any man besides the defen-
dant. I was delivered of a male child on the Ist of
February last. The defendant was the father of that
child. I heti been two months in the family way before
I discovered it. I did not at first tell him my condition;
I was half gone berore I told him. I then pressed him to
merry me, but he only laughed at me, and then told me
plainly he shoull never have me. In the middle of my
pregnancy my mother sent for the defendant, and my
sister wrote to him. He came to our house, and I
asked him to marry me, but ho laughed and said he
would not, but that he would provide for the child. He
sail he would not pay a we. kly sum; be was a gentle-
man, and would pay all together, but he did not say how
much. His brother Themes said the defendant would
give .51. to buy baby's clothes, but I refused to have it.
The defendant never gave pee any money in his life. I
never had occasion to call in a doctor before ray confine-
ment. The child of which I was delivered died a week
ago yesterday."
Being. crows-examined she said —"I bad first a bad
cough twelve months since. When the defendant has
come to our house I have sometimes asked him to stop,
and he made very free. I have asked him to take re
freshment, and when he was not asked he would fetch
it himself. I used to walk with him. I have taken
many a one with him. The last intercourse I had with
him was about June or July last. When he came after
my mother sent for him, I spoke to him about his paying
addresses to a Miss Wood. It was then he laughed at
me. My father keeps a beer-house. Other people came
besides the defendant. There was a person named
Smith, a railway clerk. He did not come oftener than
others. I went with a party to Wolverhampton. We
went to the theatre. Smith was one of the party. I
have called at Smith's lodgings. Ia 1848 I went to see
a Mrs. Monk at Gloucester. I did not see Smith there.
I went to see him before I went to Gloucester. He was
then very ill. He never paid his addresses to me. I
never had any connexion with him, and I was in the
family way when I first knew hire. I knew a person
named Mark Bromley. I never saw him at Wedaesbury
wake. I have heard of Tinker Bess. I have never seen
her with my father, and do not know that he has had an
illegitimate child by her. I know a Mr. Amphlett. He
never talked to me about my conduct with the defendant
and other young men. The first time the defendant
promised me marriage was two or three years ago. It
was after I had had intercourse with him he told me to
get my wedding-clothes ready."
Being re-examined—" When my father first opened a
beer-shop it was to supply his own men. He had then
between 200 and 300. He has not so many new. He
gets coal by royalty."
Eliza Newm.n, Emma Newman (daughters of the
plaintiff), and other witnesses, then gave evidence cor-
roborative of Mahala Newmau's deposition, and said
they attributed her death, in a great measure, to the
shame she felt for her seduction, and her grief at the
de!enclant's conduct towards her.

Mr. Sergeant TALrounn addressed the jury for the
defendant, and called Dr. Eccles, of Birmingham, who
deposed that in May last he was required by the de-
fendaat's solicitor to visit Mahala Newman, to ascertain
the state of her health. He found her far gone in con-
tumption, and attributed her death to that cause only,
and not at all to her seduction and pregnancy.
A brother of the defendant proved that when the de-
fendant was sent for to the plaintiff's house, ho went
with him; that when his brother was told of Mahala's
pregnancy, he said he had had nothing to do with it, and
would have nothing to do with it; and that nothing was
,ai I about providing for the child, or finding clothes for
it, or about his brother being a geetleman and paying all
together.
Another brother of the defendant proved that all the
property he had was 8001.
A witness named Amphlett, a retail brewer, deposed
thtt he knew the plaintiff and his family well, and that
he had spoken to Malicia Newman about her proceed-
in4s with young men. He also said that he was present
with the plaintiff and his daughter Mahela, and others,
when a woman named Tinker Bess was spoken of. The
witness then deposed to a grossly indecent observation
which he said Mah Ala made respecting her father's illicit
intercourse with Tinker Bess and other women, and that
the plaintiff replied, " Ha ! ha ! hark at my wench'.
what foolishness she is saying."
A witness named B?rfoot deposed -that he had intro.
duced a fellow clerk named Smith to the plaintiff's fa-
mily; that Smith subsequently paid attentions to Ma
hale, and on one occasion, when she went to Wolver-
hampton Theatre a ith him, sat on his knee in the
boxes, and behaved so improperly that the people in the
gallery cried out to them.
Oa cross-examination, this witness admitted he had
been accused of embezzlement, but said the matter had
bJen compromised.
Other witnesses deposed that great intimacy existed
between Mahala and Smith, and that she had showed
them dresses, and told them she was preparing for her
marriage with him.
A witness named Monk deposed that Smith came to
visit his wife, to whom he was related, at Gloucester,
and that Mahala Newman came there at the same time
—that he had seen her sit on Smith's knee, and had seen
Smith kiss her, and that he understood they were en-
gaged to be married.

Other witnesses were called, who deposed to immoral
conduct and language by the plaintiff and his family.
Mr. WHATELEY having replied,
Mr. Baron ROLFE summed up the evidence, and
The jury then returned a verdict for the plaintiff.
Damages, 751.

MORTALITY in the METROPOLIS.

(From the Weekly Report of the Registrar-General.)
The return for last week records the further progress
of the prevailing disease. The deaths from all causes,
which in the two previous were 1,070 and 1,369, rose in
the last to 1,741—a number which exceeds the average
of the season by 733. In the two previous weeks the
deaths caused by cholera were 152 and 339; but in the
last they have reached 678, whilst the weekly average is
oniy 8. Of the 668 persons who have sunk under the
epidemic 355 were males and 323 females, a more equal
distribution than in previous weeks; the rate of increase
is apparent in the fact that in each of the last two
weeks the mortality from cholera has been about
double that of the week immediately preceding. The
mortality from diarrhcet and dysentery also increases,
the doatl's in three weeks having been 54, 100, and
140; while the weekly average of this season is not
more than 84. The whole mortality from the three dis-
eases last week is, therefore, 824, and gives an excess on
Two iit nh,)
personapßd ,h
the ay. rage of 732, which almost exactly coincides
with the excess of mortality from all causes as stated
above. The diarrhcei was fatal in a large proportion
of cases to children under two years of ago. The in-
crease of cholera is observed in each of the five metro-
politan divisions except the northern, which comprises
Maryleboce, Pancras, Islington, Hackney, and Hamp•
stead; where the deaths in the week were only 7. But
it is chi: fly rem:uhable on the south side of the river,
where the deaths in the last three weeks were succes-
sively 93, 192, and 443. Li Newington they were 53;
in
Lambeth,S t. Ge o
1r g66e :s ,3,51 under
previoustul
dit
theowr t
ha
it.rlreh,
week.istlle; euramat h°cdsno:ntwi
dsteien?oe'u'f
continues
priva-
tion; theillri
bpt 111,11 :cvoaenrs
saiigndeu the
boi opi n g cough above, scarlatina and small
three of intemperance.
The mean reading of the barometer in the week was
29.692, and lower than in the previous week. The mean
temperature was lower than the average, except on
Monday and Tuesday. The highest occurred on the
former day, and was 83 deg. 6. The mean of the week
was 600'5, less by 60 than in the previous week.

NUMBER OF DEATHS FROM ALL CAUSES REGISTERED IN
THE WEEK ENDING SATURDAY, JULY 21, 1849.
Epidemic, Endemic, and Contagious Diseases —41002
Diseases of Uncertain Seat ... 39
Tubercular Diseases ... 206
Diseases of the Brain, Nerves, and Senses... ... 117
Diseases of the Heart and Blood-vessels ... 36
Diseases of the Lungs, and other Organs of
Respiration ...
Diseases of the Stomach, Liver, and other Organs
of Digestion... ••• •• • .• „ ~,
Diseases of the Kidne3s, &c. ••• ~,
Childbirth, Diseases of the Uterus, B“.t.
Diseases of the Joints, Bones, and Muscles
Diseases of the Skin, &c.
Malformations... ...

•• • •
••• • • •
• •
•• • •
• •
•• • 29
••• ••• ••• ••• •41, ••• 35

30
... ... 4

HUNGARY and the HUNGARIANS.

TO THE EDIfOR OF THE SUN.

SlR,—Hitherto the agents of Kossuth's Gevernmen,
more zealous than able, have given a colouring to the
affairs of Hungary which they have not. and ought not
to have. With your permission I will endeavour to
elucidate what ha;, until now, been considered detri-
mental to the cause of the Hungarians, which has
divided public opinion in England, which has served as
an argument to the opponents of the cause, and which I
alluded to in my letter of the 17th instent.
It is generally aecrelited, that the intention of Kos-
suth, should the war prove favourable to his cause, is to
proclaim a Itepablic in Hungary! Nothing can be more
erroneous than this belief. Kossuth has no other pre-
tension than to preserve the constitutional privileges of
his country. Far from being a republican, he reproaches
Austria, on the contrary, with having provoked the
Hungarian revolution. Kossuth is decidedly a man of
tradition; he has never repudiated the constitutional
sovereignty of the Emperor; his views, as well as these
of his Government, are patriotic; and, if I am well in-
formed—and I have every reason to believe that I am so—
at this moment intelligent and trusted friends of the
Hungarian Government are charged to make clear to
Lord Palmerston the present position, the political views,
and the ulterior int,entions of its chief, if left unaided by
the neutral Powers. Kossuth's solo object, as I have
before stated, is to preserve the traditional constitution
of Hungary. Tho contest that he now sustains is riot
republican; and as a proof of this I will cite a passage
of a discourse he pronounced recently:—" It will he the
happiest day of my life," he said, "when a liberal Prince
shall come to govern constitutionally in the flame
of Austria our beautiful and brave country, and when I
can emigrate to the United States, assured of her con-
quered liberties and repose, over the old policy of Met-
ternich."

I now come to the second subject of my letter, and the
most important, as it has already compromised the diplo-
al icy of Lord Palmerston, and must cause the greatest
disasters if not resolutely attacked by our Foreign Mi-
nister. It was the right and the duty of Kossuth to protest
against the armed intervention of Russia in the affairs of
Hungary, for the reason that no serious pretext has been
given by his Government for such a step on the part of
the Czar. He repulses all idea that the cause of Hun-
gary is mixed up with the revolution of Poland and
Germany. The Poles who have aided in the war, and
whose services, militarily speaking, would not be refused,
are but soldiers of fortune, and have no political in-
fluence; moreover, the Hungarians are more Russian
than Austrian, and so far from being hostile to the fur
tiler, if left to choose, would prefer to be incorporated
with the empire of Russia than surrender themselves to
the house of Hapsburi:. As well may it be said that
Spain might bare considered it a casus bell, or a reason
mbtte
legionaryhoi
;er
ens yakb niocEpnai
tvnuaatsdoene
er:rsv!
troopsietinhnnlat i
tstnoh.
stiou:ohr,
nmedptd
srheerco
Hungarianlp thermeysace
Hungariantoniw moc ensmhi
oanniatetd:Bhl
eeoaoegnft
ma
Gtreeaess nnpPolish
noi countryrnaosal
responsible
DI
rooe
Dfma
ree.:
tionists! No, the Government of Kosuth neither
counselled or approved the one or the other. Thus Eng•
land and France have the right to protest energetically.
against the intervention of Russia, the Hungarian na-
tion having nothing to reproach itself wi'h contrary to
theinterests, the prerogatives, or the character of the
government of the Czar.
In my next letter I will point out the consequences
that must result should Russia persist in this most un-
just war, unless, indeed, Lord Palmerston shall &cid() tointerfere diplomatically to put an end to it, and it be
not too late. W.
Brussels, July 21st, 1849.

TO THE SECRETARY OF THE
METROPOLITAN REFORM ASSOCIATION.
Sir,—Since the debate of the 21st, so much a!tentim
has been aVranted to the Hungarian question, that th.
most useful course is to endeavour to set down some
the strong points to be insisted on, in any future discus-
sions either in Parliament or public meetings.
One of the first is, that there is no doubt that Austria
has overstepped her own line of constitutional obligation.
But breach of compact releases others. Austria then by
injuring Hungary, has given Hungary the right to esta-
blish independence if she can.
Whet is it we mean, when we say, has given the rig'et?
What is this celled right? It means that it is con•
sonant with what experience has shown to be for tin
good of mankind in like cases, that Hungary shoulc
take a certain course, and be supported in it. Nearly al'
of national independence and public freedom, has come
through a course of this kind at some time taken. We
arc following the orderly course of human improvement,
in flavouring so far as we are able the renewal of thi
procese.
The Ministers spoke out well. But on one point a
question may be proposed, for dwelling on hereafter. The
Miniver for Foreign Affairs says, it is of high import-
Once to maintain the power of Austria, as a counterpoise.
to Russia, or in other words as the means of preventing
Russian interference with the West of Europe. Query
hereon, why Hungary will not do as well? especially if
Austria invites Russian interference, which Hungary
certainly will not.
Leaking then at Europe with the eye of what cur
fathers used to call a statesman, can any man whose
heart is in the spread and confirmation of liberal insti-
tutions, doubt of the enormous gain it would be to civi-
lized mankind, if instead of cockering up Austria ta
coquette with Russia and invite its interference, we saw
the right and left of the European line, flanked' by an
independent Hungary and Poland, holding the advanced
posts of civilization, and leaning on the support of the
older nations behind? Put by the side of this the dread
of routine diplomatists, of what they call " 'weakening
Austria;" a terror which being examined resolves itself
into a fear of the dislocation of ambassadorial arrange-
ments, and of the frown an attache might rend on the
countenance of some Hyperborean princess.
On Thursday the 23d, there was a contest on Steeple-
chasing, in Committee on the Cruelty to Animals Bill
which ended in declining the introduction of any special
clause, by a majority of 58 against SO. The reasorr
which weighed with many of the Opposers of the clause,
undoubtedly was, that it would endanger the passing of
the Bil!, and that there was in the Bill wherewithal to
act against steeple-chasing if it grew into a public evil.
without it.
On Tuesday Lard Ashley brought forward his motion
for assistance to Emigration from Ragged Schools. There
is more in the question than the opposite side is disposed
to allow. It is plain we are fast approaching a time when,
if something effectual is not done, our crime and cur
dirt will run away with us. Criminals and pestilence
must he diluted by dispersion. It is no answer to say
we might spend our money on more amiable objects
It is to aid ourselves that the expense is gene to
When a man is hanged a considerable expense falls on the
county; but it is not because we love him that this ex
pence is gone to, but from some idea of public necessity.
On the whole, the subject had not the hearing it de-
served. I am, Sir, your obedient servant,
AN OLD REFORMER.

London, July 25, 1849.

ST. SWITHIN'S DAY, JULY 15.

If wet on St. S within's Day, it will be wet for forty days ;
but fine, it will be fine for fortydays.— Old Proverb.

A friend, under the signature of ECCL. ANTIQ., has
rent us the following brief but interesting paper :
The return of Sr. Swithin's Day, and the tradition
connected with it, naturally lead to the inquiry, who
was the Saint commemorated, and whence the origin of
the tradition coupled with his name.
The following remarks will help the inquirer to a
tolerably comet view of this subject, and tend to satisfy
him that that which is often considered a mere foolish
proverbial saying, has for its foundation a certain degree
of philosophical truth.
Swithin—in the Saxon, Swithum—was descended
from a Saxon Emily of rank, and was born about thk
year 800. Its was a naive of the city of Winchester.
He passed his youth in study, and had acquired the
reputation of considerable literary attainments, when
Helmstan, Bishop of Winchester, ordained him pri, st,
and appointed him president of a monastery in tha
city, which afterwards bore his name—the prit ry o:
St. Swithin. Ott the accession of King Ethelwolf to
the throne, in 838, he was appointed Sub-deacon of
Winchester, Lord Chancellor, and the King's principal
adviser, both in Church anti State. On the death or
Helmstan, in 844, Ethelwolf promoted Swithin to the see
of Winchester, at that time the metropolis of England,
to which be was coesecrat d in 852, and in which
he remained until his death, which took place A.D
862-3. His remains were interred, according to his re-
quest, in the open churchyard of the Minster, but the)
were afterwards removed into the new church, at the
desire of Bishop Walkelyn. in the year 1093.
St. Swithin is universally esteemed to have been a
man of exemplary sanctity of life and manners, accord•
in; to the religion of the times in which he liv.d.
Many miracles have been attributed to him, anal the►r
are referred to in the following very old versification of
the lives of the saints:—

" Seynt Swithin his bishorsicke to al goodnesse drough,
The towne also of Wynehestre he amended inough."
R'arton's iiistoty of English Poetry, Vol. I.
Your readers will all be aware of the popular adage,
that " if it rain on St. Swithin's Day, we shall have a
continuance of it for forty days after." To this proverb
Gay alludes in his " Triria:"
" If on St. Swithin's feast the welkin lowers,
And every penthouse streams with hasty showers,
Twice twenty days'ahall clouds with fleeces drain,
And wash the pavement with incessant rain."
Tho Scotch proverb is thus expressel:—
" Saint Swithin's d iy, gif ye do rain,
For forty daies it will remain;
Saint Swithin's day, an ye be fair,
For forty daies 'twill rain nae main"

The following is the vulgar origin of this adage:—
The Saint desired to be buried in the open church-
yard ; in allusion to which Bishop Hall adds that he
wished his body to be hid, " where the drops of rain
might wet his grave ; thinking that no vault was so
good to cover his grave as that of heaven."
This request is complied with ; but some monks,
after he had been canonized, considering it undignified
for his remains to lie in a public cemetery, obtained an
order to remove them into the choir, where bishops were
wont to be buried, which was to have been done with so-
lemn procession on the 15th July. On that day, however,
and for the 39 succeeding ones, it rained almost wi. bout
intermission, and with such violence that the design zas
abandoned, as displeasing to St. Swithin, heretical, and
blasphemous. This fact is sufficiently authenticated by
tradition to be assumed as true, and hence the origin o!
the saying referred to above.
But passing over this view of the subject, there is a
rational ground for this popu!ar belief; and philosophy
may be brought in to aid us in explaining the con-
tinuance of an adage, which had its origin probably
only in superstition. It has been well remarked,
"though originating in the superstitious belief that
the rain which fell at the period appointed for the re-
moval of St. Swithin's remains was the result of super-
natural agency, this adage can only have retained its
popularity from being founded in some degree, in fact or
experience." Mr. Howard in his " Climate of London,"
observes, " the tradition is so far valuable as it proves
that the summers in this southern part of the island
were subject a thousand years ago to occasional hes: y
rains, in the same way as at present." Again—" Tee
notion commonly entertained on this subject, if put
strictly to the test of experience, at any one station a•
this part of our island, will be ound fallacious. To do
justice, however, to popular observatioe, I may now
state, that in a great majority of our summers, a short.);
period, which, with some latitude as to time and local
circumstances, may be admitted to constitute daily rain
for forty days, does come on abou: the time indicated by
this tradition; not that any long space before is often
so dry as to mark distinctly its commencement." Mr.
Howard as taken some pains to ascertain how far the
popular notion is borne out by fact. The result of his
investigation is, that in 1807 it rained with us on the
day in question, and a dry time followed; and the same
in 1808. In 1818 and 1819 it was dry on the 15th, and
a very dry time in each case followed. The other sum-
mers occurring between 1807 and 1819 appear to have
come under the general proposition, " that in a majority
of summers a showery period, which, with some lati-
tude as to time and circumstances, may be admitted to
constitute daily rain fur forty days, does come on or
about the time indicated by the tradition of St. Swithin."
In fact, rain in the middle of July, in the climate of
England, is seasonable, and therefore to be expected;
and if rain falls on any given day about that period, it
usually happens that it will also fall for many days after.
Thus St. Swithin's Day is (fortunately for the adage)
placed in this twofold natural situation:—first, that it
occurs in a part of the summer which is usually rainy;
and, secondly, that if it should be a rainy day, it is na-
tural it should be followed by other rainy days. It re-
mains only to add that St. Swithin's Day falls in the Dog
Days, at which time the heat of the sun is usually the
most intense, and which has afforded the following pH-
losophical solution of the forty days' rain, if it should
ensue:—viz., that if a heavy rain falls on the earth at
this season, the heat is so great that the evaporation is
proportionately quickened. The water which has been
thrown on the earth re ascends rapidly in the form of
vapour; in the higher regions of the atmosphere
it is evaporated, ts
f
by
condensed; it falls again; d
again—itraisedi or
evaporation, into the air again—it is condense
falls again; and thus repeatedly for many days, until the
rands, or other changes in the atmosphere, carry the
clouds to distant parts; or rather, till the diminished
heat of the season suffers the rain, when it has fallen, to
sink into the earth.
The writer trusts the above remarks will be considered
in some measure a rational and philosophical solution of
the popular adage, that if it rains on St. Swithin's Day,
there will be rain for forty days after.—Bradford
Observer.

THE ISLAND OF GRENADA.—The Lords of the
Treasury having been pleased, as signified by a letter
from Mr. llayter, one of their Lordships' Secretaries,
to approve of the arrangements necessary to be made,
in consequence of the repeal of the imperial duties of
Customs heretofore levied in the Island of Grenada, and
the requisite instrucrions having been issued to the
officers of the Customs Department in that co!ony for
carrying their Lordships' directions into effect, the Com-
missioners of the Customs have caused a notification to
that effect to be made to the Collectors and Comptrollers
of the Department at the several ports and places
throughout the United Kingdom, and the officers of the
revenue in the Colonies for their government.