The Sun.
London, England, 1849-10-13 00:00:00

IiVENIN'G) OCTOBER 18, 1840,

tained. These doctrines, however, had been changed ;
from pal° baptism they had changed to adult bap-
tism ; and the defendants had acted as they deemed
right under the circumstances.

Mr. Collinson said there was a legal way of settling
;hat matter.

Mr. Smith, after a conference with his clients, said
there was another matter, which was that those very
respectable clients of his friend were summoned for
an assault upon his (Mr. Smith's) clients, having
given some black eyes and he knew not what besides.
How were these matters to be disposed of ?
Mr. Fisher said they could prefer a cross indict-
ment at the sessions, if they thought proper. It all
arose out of the same transaction ; and if the present
defendants were indicted at the sessions a crossindict-
ment could be preferred. No order would be made
at present on either of them. The bench were of
opinion that Dissenting chapels should be registered
annually, and that they could not have protection
unless that were done.

This closed the case, and the parties on each side,
accompanied by several of their friends, left the
court.

THE BOARD OF HEALTH AND THE
PARISH OF ST. PANCRAS.
The directors of the poor of St. Pancras were
sumnsoned before Mr. Jardine, at Bo cv-street Police-
court, on Friday, the sth inst., at 1;wo o'clock, to
answer the charge preferred by the Commissioners o!
Health, that they did unlawfully wilfully violate
and neglect certain regulations and directions issued
in pursuance of the Nuisances Removal and Diseases
Prevention Act by the General Board of Health, on
the 15:h of September, 1849, by which directions
they were required " to appoint four duly qualified
medical men t 3 devote their whole time to house-to-
house visitation throughout the affected localities of
the said parish."
About forty of the directors were in attendance on
the day in question, including the churchwardens of
the parish, but, on the application of counsel, the
hearing of the case was deferred till Wednesday
last. The arguments of counsel were then heard,
but the proceedings were again adjourned till yes-
terday, and our report was consequently deferred.
As the decision of his Worship, however, has been still
further postponed, we present the case as it at
present stands.
Mr. Bodkin appeared to support the order of the
Board of Health, and Mr. Clarkson represented the
churchwardens and directors of the poor of St. Pan-
cras, who again attended in large numbers, and ap-
peared by their frequent though irregular expressions
of opinion to be made interested in the proceedings.
Mr. Bodkin, in opening the case, stated that if he
believed there could be the slightest doubt raised in
the mind of his Worship, even by the ingenuity of
the Learned Gentleman who represented the defend-
ants, as to the authority of the Board of Health to
issue the order now under consideration, he should
approach the subject with great anxiety, because not
only the parish of S. Pancras, but every parish inthe
United Kingdom, would be effected by the decision
of the Court, and might claim the right, which St.
Pancras had asserted, to regard the directions of that
Commission as so much waste paper. It was hardly
necessary to refer to the constitution of the Board of
Health. The Court was aware that an Act was passed
in the 11th and 12th of Victoria (c. 123) for the
better prevention of nuisances and epidemic diseases,
by the provisions of which the Board of Health were
empowered, under an order of the Privy Council, to
issue " such directions as they may think fit for the
prevention and mitigation of epidemic diseases ;"
and, further, to "authorise and require guar-
dians of the poor, and parochial boards, by
themselves or their officers, or any person
specially or otherwise appointed by them,
to execute or aid in the execution of such
directions ;" and " to provide for the dispensing of
medicines, and such medical aid as may be required,"
and to do such other things "as may be necessary."
This was the general effect of the 10th section of the
Act, and such were the regulations and directions
which the Board of Health had authority to carry
out " any time after the issuing of the order of the
Privy Council, and while it remained in force." It
would be seen that these powers were invested in the
Health Commission so long as this order remained
unrepealed; and in pursuance of the previsions of the
Act of 1848, therefore, the Board issued the order in
question, directing the guardians of St. Pancras to
appoint four competent medical men to devote their
whole time to house-tc-house visitation. That order
was disobeyed. Now he (Mr. Bodkin) would re-
spectfully ask those gentlemen who had attended
upon the summons what had been the results hitherto
of the system of house to-house visitation in affected
localities ? Surely they could not be ignorant of
that which was within the experience of every one
else—of the fact that hundreds of liven had been
recently spared by the timely arrival of medical aid
to arrest the progress of the disease in its earliest
stages. The evidence of its operation was all on one
side.
Mr. Clarkson objected to this mode of dealing with
the question before the Court, unless the Learned
Counsel intended calling witnuses to show that the
state of St. Pancras, at the timrthis order was issued,
was such as to justify the measures directed therein.
His clients were as sensible as any body of men, pro-
bably, of the value of house-to-house visitation when-
ever there was any necessity for it.
Mr. Bodkin did not apply his remarks to any par-
ticular parish in speaking of the beneficial results of
the system. Indeed, he had said all that he wished
to say upon that point, wishing simply to urge the
importance of the practice of house-to-house visitation.
But the defendants, it seemed, choose to set up their
discretion in opposition to the judgment of the Board
of Health, affirming that in their parish no such pre-
cautionary steps were required ; and they had been
heard to say that they would not tolerate any inter-
ference on the part of a Government board with their
right to manage their own affairs in their own parish,
of the exigencies of which they must be the best
judges. This was in reality the secret of their op-
position. Now, the main object of this sanitary
Act, in investing the Health Commission with
absolute powers of control over the parochial
boards, was to put an end to these qu•stions of con-
flicting authority, and to spare the country the
disgrace attaching to such unseemly contentions in a
time of pestilence. Hence the power given to autho•
rise and require local boards to make adequate provi-
sions to furnish prompt and adequate medical aid,
supply medicines, and take such other measures to
" prevent or mitigate " disease as they—meaning the
Board of Health, and not the parochial board—may
deem necessary to meet the exigencies of the case ;
so that a local body might not be permitted to set up
its private judgment against the experience of the
whole world. Let us once permit the parish of St.
Pancras to exercise a right of independent control in
such an emergency, and we shall find ether parishes,
in which the cholera had been and was being attended
with the most fearful mortality, asserting the same
right, with awful consequences to the public health.
He would only ask the Court to contemplate such an
opposition, in certain districts, when the cholera was
recently at its height. And the fact that the epidemic
was now, happily, on the wane did not diminish the
authority of the Board of Health, who were alone the
properly constituted authorities to exercise a judg-
ment as to the expediency or necessity of their direc-
tions. The Learned Counsel then referred to the
provisions of the Act of 1849, and the Amendment
Act, relating to the recovery of the penalties incurred
by local boards ; remarking that even if difficulties
should arise upon this point, which he did not appre-
hend, it had been ruled in the superior courts that
the fact of there being a difficulty in indicting for a
penalty (as in the case of a quasi corporation) did not
in the slightest degree affect the liability of the body.
After quoting the Queen and Birmingham, and the
North Western Railway case; in reference to this
point (which appeared to be regarded of secondary
importance), the Learned Gentleman concluded with
the observation that he left the case with great confi-
dence in the hands of the Court. The principal
question was one of mere law—the interpretation of
the statutes. The defendants would, no doubt, say that
the order of the Board of Health was uncalled-for
and unnecessary; and his answer to that suggestion
was that they (the directors) were not to be the
judges—all discretion, for the time being at least,
having been invested in a superior tribunal.
Copies of the Gazette containing the order of the
Board of Health, &c , were then put in, and were
about to be read by Mr. Burnaby, the chief clerk,
when that form was dispensed with by mutual consent.
Mr. JARDINE wished perfectly to understand the
Learned Counsel (Mr. Bodkin) as to one expression
in the 10th section. He found the Board of Health
therein authorised to do certain things, such as cleans•
ing and disinfecting houses, &c., and also to authorise
and 'require guardians and local boards "to provide
for the dispensing of medicines," and to afford to
persons affected "such medical aid as may be re-
quired." Required by whom ? Mr. Bodkin—" As
may be required" in the judgment of the Board of
Health.
Mr. Clarkson considered such an interpretation of
the words as perfectly preposterous.
Mr. John Liddle was then examined by Mr. Bodkin
—He stated that he lately held the situation of
assistant medical superintendent to the Board of
Health, by whose directions he waited upon the
directors of St. Pancras at the vestry-room, on the
18th of September last, to ascertain what had been
done respecting the order of the board issued on the
15th. The chairman and other directors replied
that additional medical officers had been appointed
in the parish, previous to their receiving the
order, and they had besides an inspector of
nuisances constantly on duty; and if the state of the
parish was deemed hereafter such as to require it, they
were prepared to appoint, or have appointed, medical
visitors to go from house to house. Witness reasoned
with them upon the necessity of obeying the order

of the board, but the chairman expressed his belief
th7.t the alarm which such a proceeding would occa-
sion in the parish, wliich was comparatively free from
the epidemic, would have a most mischievoas effect,
and probably bring about the calamity which they
wore anxious to avoid. Mr_Robinson, the medical
officer of the parish, stated that he had seen many
cases of cholera which might have been checked, and
the lives of the patients spared, by earlier medical
assistance.

Mr. Clarkson thought it was unfair to add to this
already irregular evidence such statements as these,
unless it was intended to give the parish an opportu-
nity of rebutting them by other testimony. Mr.
Liddle could have no means of knowing what the
parish had done or were doing to avert the epidemic.
Examination continued—He derived his impres-
sions solely from what was said by the chairman and
other directors in the
_course of.the discussion, and
he presumed that the parish had not appointed medical
visitors, because the chairman declared that the
system was a dangerous one, and did more harm than
good.
Cross-examined—l did not tell the directors that I
was surprised the Board of Health had issued such
an orddr. I stated that I was ignorant of their pro-
ceedings in the matter. I admit having expressed
my sense of the obligations due from the public to
the board of directors for what they had already done
to prevent disease in the parish. My reason for
ceasing to act for the Board of Health is the com-
parative disappearance of the disease.
This closed the case on the part of the Board of
Health.

Mr. Clarkson rose to reply for the defendants
It was abundantly manifest that Mr. Liddle, the only
witness called for the Board of Health, had furnished,
by his own evidence, a complete, answer for the
present complaint. He had proved that the directors
of the poor in St. Pancras, so far from desiring to
evade their solemn duties daring the awful pestilence
with which the metropolis had been afflicted, had ace
tually anticipated the Board of Health in the
provision of remedial measures in the event of the
cholera breaking out in their district. They had
neglected nothing ; they had violated nothing. Long
before the order came to them they had fulfilled such
of its directions as the condition of the parish re-
quired, by causing the appointment of several addi-
tional medical officers in the parish. And now, thank
God, there was no longer any occasion to take those
steps which, if the cholera had raged in the parish,
they were fully prepared to take, without the direc
tions of the Board of Health or any other board.
But, was there any such necessity existing at the
time ? Mr. Liddle had answered the question by
stating to the directors, on the 18th, his ignorance of
the fact that the Board of Health had contemplated
issuing such an order to them ; for, such had
been the sincerity of his clients, that Mr. Liddle
was compelled himself to admit flip obligations
due to them for the prompt, active, and efficient
exertions they had made to avert the epidemic.
Thus much for the moral view of the question,
to which his clients wished him more particularly
to address himself. Now, as to the legal question.
As a lawyer, he was satisfied, firstly, that the order
was illegal ; and secondly, that the directors ,had no
power to obey it without violating the local Act by
which their own body was constituted. They had no
power to appoint medical officers. They had shown
their anxiety to do their duty in the late crisis, by
going to the parish vestry and using their influence
to obtain additional medical officers, but the power of
appointing them was exclusively given to the vestry,
to whom therefore, if to any one, this impossible order
should have been directed. Then, as to the order
itself. His clients bad no desire to overthrow it on
technical grounds; they had a much better ground to
go upon, being as sincere as the Board of Health in
their desire to preserve the public health ; but any-
thing more indefinite or absurd could not be well
conceived. The Act of 1848 no doubt empowered
the Board of Health to direct certain local boards to
do such things "as may be required" to meet the
exigencies of the case ; and, among other things, he
found specified the finding of medicine to be adminis-
tered in cases of diarrhma, or other premonitory symp-
toms of cholera; the appointment of four medical visi-
tors, &c. But the discretion was evidently intended to
be placed in the local board ; it was they who were to
judge of what was required in the parish over which
they presided. How could it be otherwise? If it was
intended that the Board of Health should take these
matters into their ,own hands, then they must not
not merely direct the appointment of four medical
visitors, but state who shall be appointed, where they
shall go, and what they shall do. They must spe-
cify the localities that are affected also; and not only
did the order direct certain things to be done, but it
required that they should go and see them done. So
that, after providing medicines, they would have to
see that the people took them—(A laugh)—and if he
wished to ridicule the order, he migh fairly add
that, according to the terms in which it was ex-
pressed, they could not legally administer the slightest
relief to any one actually afflicted with cholera,
authority being given only to administer the medi-
cines to such persons as were suffering from diarrlicet
or other "premonitory symptoms."—(A. laugh.)
This was no laughing matter. The fact was that,
apart from the fact that the Health Commission had
no authority under the Sanitary Acts to issue such
an order as this, the thing itself was an absolute
nullity. With respect to the penalty, the Learned
Counsel for the Board of Health wa,% quite sen-
sible of the difficulty, he might say, the im-
possibility, of enforcing it ; and to show that the Le-
gislature never intended such an interpretation of the
10th clause as was now set up, there was actually pro-
vision made in the previous Act, which must be read
in conjunction with the amended Act, directing that
all penalties should go to " the guardians of the poor."
So that the Court would be placed in the ludicrous
position of requiring the defendant to take 51. out of
one breeches' pocket and putting it into the other.
He knew perfectly well, as his Learned Friend bad
just hinted, that there was a fresh provision in the
Amendment Act, authorising the appropriation of the
penalties, by the Board of Health, for the expenses
of these proceedings; but if there was an excess of
receipts from this source the guardians could sue the
Board of health for the balance.
_pin Bodkin in-
formed the Learned Counsel that he was mistaken, as
the excess was to go to the Treasury ; upon which
Mr. Clarkson abandoned the argument.] In conclu-
sion, the Learned Gentleman repeated that his in-
structions were more especially to justify the board
of directors on moral grounds, as their chief anxiety
was to be acquitted in the eyes of the public of the im-
putation which the issuing of this order reflected upon
their character as a body. The Board of Health, with-
' out making inquiry, or even permitting themselves to be
informed, as to the sanitary condition of the parish or the
means taken to prevent disease, and without giviog
the parties accused of neglect the slightest opportu-
nity of defending themselves, hid taken these exTra-
ordinary and despotic steps (he did not use the term
disrespectfully), even while there existed another
tribunal, namely, the Poor-law Commission, to whom
the directors were responsible for any neglect or
breach of the law, and who possessed ample autho-
rity to require of them the execution of any duty
which the Legislature had imposed upon them.
Mr. JARDINE said it was extremely difficult to
interpret these sanitary Acts, as both the. Learned
Counsel had admitted; and as he did not feel justified
in a case of so much public importance as this to give
an off hand decision, he should take some time to look
into the respective clauses and consider the arguments
submitted to him. He would adjourn the case, there-
fore, to Friday, at twelve o'clock.
The clerk to the directors, with several of the
board, was in attendance at this hour, but his Worship
stated that he had not yet had sufficient time fully to
satisfy his mind upon the subject, and must therefore
again defer his decision. He had sent the solicitors
on either side intimation of this circumstance.

Tua STORM or SUNDAT.—The steamer Bir-
mingham left Dublin on Saturday evening last for this
port, and encountered on her way the terrific gales of
Sunday last. On board this vessel there was a heavy
cargo of live stock—cows, pigs, end sheep—and upwards
of two hundred deck passengers. During the fury of
the gale on Sunday morning, Captain Williams, fearing
that exposure of the passengers to the "pelting of the
pitiless storm" might result in the loss of life, put into
Holyhead about nine o'clock in the morning, and re-
mained there until half-past twelve o'clock that night.
Whilst at Holyhead, the captain had the cattle taken
out of the hold, and the passengers were placed under
cover of the hatches. The gale having moderated, the
Birmingham was enabled to put to sea, and reached
Liverpool on Monday evening, wi,h the passengers and
cargo safe and well. Owing to the length of time the
steamer had been out, the stock of provisions laid in by
the passengers (the most of whom are persons about to
emigrate to America) was entirely consumed, and had it
not been for the humanity of Captain Williams, who
had a sheep killed and prepared, many lives would have
been lost. When the vessel arrived here, the passengers
presented a highly complimentary address to Captain
Williams, detailing tho above facts, and speaking in the
highest terms of his humanity and attention.—Liverpool
Mercury.
THE SAILORS HOME.—MUNIFICENCE OF THE
QUEEN DowaGEn.—On Thursday, at a meeting of the
board of directors of the above excellent institution,
held at the " Home," in Well-street, near the London
Docks, fur the transaction of general busiaess, the
report stated that the establishment was now com-
pleted, by the erection of the eighth and last dormitory,
and which bears the name of the "Adelaide," from the
circumstance of her Majesty the Queen Dowager,
with her characteristic benevolence, having defrayed the
entire cost (4201. 59. 9d.) of its erection. During th
past year 112 ships have becu manned from the
"Home," and 4,633 boarders have been received,
m %king a total during the last fourteen years of 31,992
seamen who have passed through the institution.
Advices from Breslau of the 6th of October report
the wool market dull with scarcely anything doing for
England. The quantity offered amounted to 25,000
cwts., of which 10,003 had been disposed of, leaving a
stook on hand of 15,000 cwt. to the above date,

DREADFUL EXPLOSION AND

LOSS OF LIFE.

Last night, shortly before 11 o'clock, much alarm
',vas occasioned in the immediate vicinity of Brook-
street, Berniond3ey, by an explosion upon the premises
in the occupation of Mr. Barlin, firework-maker,
carrying on business at NO. 4, in that street, by which
two, if not more, lives were sacrificed, and several
persons severely injured.
It appears that at the time of the calamity not
fewer than thirteen persons were in the premises,
when suddenly a loud explosion was heard,- which
blew the tiles off the roof of the house, forced the
windows out, both in back and front, lifted the
floorings from their bearings, and sent two children
sleepin,, in the first floor out of the window. The
extraordinary noise occasioned by the report had
scarcely subsided when an immense sheet of blue and
purple flame issued from the various apertures in the
building, and at the same time men, women, and
children were to be seen rushing through the fire,
whilst their frantic cries for assistance could be heard
at a long distance.
At this conjuncture Mr. Perkins, an inspector of
the A division, with Mr. Hornsby, an inspector of
the M division of police,arrived with a powerful body
of constables, which was exceedingly fortunate, as it
is quite probable that, had it not been for the assist-
:nice of thou% officers, several other persons would
have lost their lives.

Owing to the highly inflammable character of the
contents of the premises the flames rose so high as to
endanger the houses on either aide. Information of
the misfortune was promptly forwarded to the engine
stations, and, with as little de►ay as possible, the
engines of the London Brigade, with Mr. Henderson,
the district foreman, and Mr. Connorton, with the
Wt st of England engine, arrived at the scene of de-
struction. Plenty of water havit,g been procured
from the mains in the district, the machines were in-
stantly called into operation, and vast bodies of water
were thrown upon and into the burning mass ; but,
in spite of this, the Lines continued to spread, and it
vas nut until the house was gutted that the firemen
could get the mastery over the conflagration.
That having at length been accomplished, the fire-
men learnt that several persons were supposed to be
in the ruins. Search was, therefore, made for the
persons missing. After some time spent in turning
over the ruins, the firemen discovered the bodies of
two persons, one apparently that of a fine young man
about 17 or 18 years of age, and the other that of a
boy a few years younger. The firemen were then in-
formed that one was the bo ly of a person called
George, who had resided in Kent-street, Southwark,
and worked on the premises, but the other could not
be identified. Mr.. and Mrs. Barlins, were also so
severely injured as to be obliged to be removed to the
hospital.
Upon calling together the persons who worked and
lodged in the premises, it was found that two more
were missing, and from the account given by those
who have escaped, there is no doubt entertained that
they have also fallen amongst the ruins. They were
both sleeping in the first floor—one was an infant
eighteen months old, the other was a child about four
years old. At two o'clock this (Saturday morning)
the firemen were busily engaged looking after the
bodies, but had not succeeded in finding them.
Respecting the origin of the calamity the following
particulars were obtained from one of the survivors.
He informed the police that the persons who were in
the lower floor were engaged finishing squibs, when,
by some means which he could not tell, the top of a
naphtha 1 amp used in the room turned over, and the
contents of it becoming ignited, fell in a sheet upon
the fire-works, and before any one had time to
escape the house blew up with a terrible noise.
Amongst the number missing is a young woman
named Rhoda, but where she came from is not known.

THE COUNTRY MARKETS.
WAKEFIELD, OCT. 12.—There is a good arrival of
wheat and other articles. Wheat is hE ld with much
firmness to-day, and last week's prices fully supported,
and for fine samples rather exceeded. More demand fur
malting barley at a slight improvement. No change in
the value of oats and shelling, with a mocLrate sale. A
retail trade for beans at last week's prices.
New. Old.
WHEAT, per qr. 601bs per bushel:— s. s. 8. 1.
Suffolk, Essex, and Kent, red ... 42 to 45 42 to 45
Ditto, white ... 46 —5O 47 —49
Norfolk and Hunts., red ... 40 —43 41 —43
Ditto, white ... ... 44 48 45 48
Lincolnshire and Cambridge, red ... 39 —43 • 40 - 42
Ditto, white ... ... 43 —46 43 46
Yorkshire, red .., 39 42 40 42
Ditto, white ... ... 43 —46 43 46
Dantzic and Konigsburg, white .. 45 —49
Lower Baltic and Hamburgh, red... —— 39 —42
Mediterranean, red ... - 33 38
BARLEY, per quarter of 8 bushels:
Norfolk and Suffolk... 28 30
Lincolnshire and Yorkshire .. 27 30
Scotch ... ... ...
Grinding per 80 stone ...
Foreign
BEANS, per quarter of 8 bushels 631 b :
Small, fine ... 30 32 31 34
Ticks ... - 29 30 29 11
Foreign ... 26 3
OATS, per stone :
Mealing
Feeding

22 - 24
24 - 28