The Sun.
London, England, 1847-03-29 00:00:00

a tavern. He might be an industrious and enterprising
person, but it might happen that by granting this
license the Court would be only adding another to the
list of those distressing cases which were so often
brought before the Court as incapable, from want of ne-
cessary support, to meet the demands made upon them.
He hoped, therefore, that the Court would in the present
instance feel it their duty to refuse the license.
Mr. ROCHE, the clerk to the magistrates, said that a
letter had been received by Sir J. Marshall, the landlord
of the house, praying the magistrates not to grant the
license.
Mr. BALLANTINE, upon this, handed in a letter from
that gentleman, withdrawing his letter and recommend-
ing the applicant to the favourable consideration of the
Court. The Learned Counsel then, on behalf of the
applicant, contended that this house, if licensed, would
afford accommodation of a nature very much needed, not
only in that district itself, but throughout the whole of
the metropolis—a house that would afford the greatest
possible accommodation at the least possible cost to a
respectable class of people, such as those who resided in
the neighbourhood. With respect to the Ship and
Shovel, it could not for a moment be contended that li-
censing this house could affect the interests of the pro-
prietor, who had conducted it for the last twenty•ilve
years in a most respectable and creditable manner. That
house was principally used by persons connected with Hun-
gerford-market. And with respect to the Northumber-
land Arms, that was a house principally used by barge-
men, coalheavers, and other persons connected with the
wharfs along the river. This house. if licensed, would
not, therefore, in the slightest degree affect the interests
of that place.
The room was then ordered to be cleared. Upon the
re- admission of the parties we were informed that the
magistrates had decided upon refusing the license.
License refused accordingly.
Several other applications were disposed of, and the
Court adjourned.

yet, in sections of the country free from stagnant water,
low lands, swamps, &c., the climate agrees with Euro-
pean constitutions very well, especially after they have
become accustomed to its frequent and sudden changes,
in the higher latittnf es, say between 36, 41, and 42 de-
grees. In winter, the young and feeble require warm
clothing. Flannels and woollens of all kinds are found

SMITHFIELD MARKET.
(From the Times )
With an earnest desire to discover whether any reason
could be given for the continuance of the Smithfield
nuisance, we have read with the most careful attention
some observations which have been sent to us on the
subject of the proposed removal of the great cattle
market from its present locality. We must confess that
had we wavered in the opinions we have already ex-
pressed, we should have been decided by the document
now before us, for the arguments we have heard on one
side are strengthened by the lamentable failure of the
attempt that has been made to answer them. We will
take the observations in favour of Smithfield-market
paragraph by paragraph, from the first to the last; for
an appeal has been made to our justice, and the appel-
lants must not complain if, after a due consideration of
all they have to allege, our judgment is still against
them. The observations set out with falsely and
foolishly accusing the public of sanctioning " the specu-
lations of a private company." We are not aware of
any private company being in existence which has suc-
ceeded in subjugating general opinion to its intereas,
and causing an unfounded prejudice against Smithfield-
market. It is obvious that the outcry now raised against
this abominable nuisance is founded on long experience
of its danger and inconvenience. Few people care what
company, or whether any company at all, may be
benefited by a change ; but there is an almost unani-
mous feeling that the unwholesome and perilous practice
of collecting cattle together in the very heart of the City
is one which we ought no longer to tolerate. Our
attention is next called to an alleged prejudice against
the butchers, and an attempt is made to show us that the
public good and that of the butchers are identified.
This effort to throw a sort of pathetic interest over the
butchers, and induce the public to fraternize with that
useful class, is simply ridiculous. Nobody wishes to
hurt the butchers, but we cannot consent to run the risk
of our lives, to say nothing of our being continually
disgusted, for their especial and gratuitous convenience.
We do not see the force of the reasoning that " any
peculiar privilege or immunity" conferred upon the
butchers " must surely be for the interest" of the public.
We cannot regard the butchers as channels through
which any boon whatever is certain to diffuse itself over
the whole community. It is all very well to talk about
" giving the butcher the free and unrestricted use" of a
certain market, but surely the public may be supposed
to have an equal claim at least to " the free and un •
restricted use" of the streets of the metropolis.
After making the moat he can of the case for the
butchers, the writer of the observations in favour of
Smithfield proceeds to ask " what will be the feeling of
the graziers" in the event of the removal of the market?
'We would not wilfully hurt the feelings of any class,
but the sentimentality of the graziers must not stand in
the way of a great public boon, more especially when
their sensitiveness is found to be of the most maudlin
and unreasonable character. It is hinted that they will
be deeply affected by a falling off in the number of
buyers in the event of the cattle being taken to any other
market than Smithfield, or, at least, that it will not be
purchased alive in such large quantities if public abat-
toirs, which are suggested in connexion with the aboli-
tion of Smithfield, should be resolved upon. It is
gratifying to us to be enabled to relieve the apprehen-
sions of the graziers on this account, and we hope to
spare those feelings for which, in the observations bet'ore
us, so much tenderness is exhibited. We think we need
not enter into very elaborate calculations to prove that
whether the cattle is driven to one place or another, and
whether they are slaughtered on th! butcher's premises
or at a general establishment, and whether it is purchased
by them dead or alive, it must be much the same to the
graziers, so that the consumption of meat is the same
by the public in general. Unless, therefore, the public
should be afflicted by a loss of appetite for meat after
the removal of Smithfield market, the demand is not
lilt' ly to diminish, and the graziers and breeders will have
to furnish the same supply that they do at present. If
the dead stock were obtained from a source quite diffe-
rent to that ftons which the live stock is derived, the
cattle vendors might fear that if the butchers bought the
meat when slaughtered, the cattle would never be sold;
but the objection taken at present, is as idle as if it were
said that an increased sale of a manufactured article
must injure the dealers in the raw material. In a sub-
sequent paragraph of the observations which are now
the subject of our remarks, we find it stated that " the
number of persons actually annoyed or injured by the
cattle is so comparatively small" as not to justify the
change that is suegested. There is some reason in the
use of the word " actually," which is, we presume, meant
to draw the distinction between those who are merely
alarmed, or, to use a common expression, " more
frightened than hurt," and those who are positively
tossed or gored by street perambulating cattle. We
admit that some of the fears of passengets at meeting a
drove of oxen, one or two of whom may be eccentrically
disposed, are occasionally more imaginary than real, but
that they are often well grounded has been proved
by frequent accidents. Allowance must also be made
for the very serious influence of fear, whether well-
grounded or not, and even the consoling assurance from
a considerate drover of " Bless you, ma'am, they won't
hurt you," would scarcely reconcile one of the least ner-
vous of the gentler sex to the ungainly gambols of an
ox in a very crowded thoroughfare. The champion of
Smithfield endeavours still further to weaken the argu-
ment for removal, on the score of personal danger, by
alleging that "the reports of accidents aro many of them
mere inventions," and otheis are " grossly exaggerated,
to serve the purposes of interested speculators." We
can asstfre the author of this remark that the day is
passed when Use inventive faculty, or even the poetical
power of exage ration, is cultivated by a contributor to
the columns ;of a newspaper. Space has become too
valuable to allow the admission of an infuriated ox,
"except on business," into any portion of a public
journal. No newspaper could afford them to allow the
brute to continue his gambols down half a column for
the sake of allowing scope to the inventive genius of the
reporter, who is stigmatised, we suppose, as an " inte-
rested speculator" on our own and the public credulity.
In defence of the gentlemen to whom we are indebted
for this branch of our news, we may state with confi
dente that it is seldom we catch an imaginary mad bull
trespassing upon our columns. When our readers meet
with an infuriated brute in such a place they may be
tolerably sure that it is an animal direct from Smithfield
market. The advocate for the continuance of the mar-
ket next proceeds to argue in favour of the salubrity
of slaughterhouses, and uses the proverbial good
health of butchers, their families and servants, as a
support to his position. We suspect that eating the
meat has more to do with the alleged healthfulness
than a residence in close vicinity to a slaughterhouse.
If such_ places are conducive to health their erection
ought to be a part of the sanatory regulations of
every neighbourhood. It will be something new for the
Commissioners for the Health of Towns to hear that
slaughterhouses should be provided in abundance fur
the benefit of the inhabitants. It is not denied that
abattoirs answer in Paris, but it is sagaciously discovered
by the advocates for Smithfield, that because ahe Pari-
sians eat meat on a smaller scale than we do they require
large establishments to slaughter it. There is something
new in the idea that a small consumption of food requires
an increased amount of convenience for its preparation.
If the Parisians, who eat less meat than we do, require
large abattoirs, we may presume it would be argued, that
if they ate still less, their slaughtering establishments
ought to be still further extended. Though our friend
the admirer of Smithfield is evidently ignorant of a great
deal, he has some knowledge which is quite new to us ;
for he has told us that " the cattle, while living, transport
themselves at little or no expense from the market to the
place of their ultimate destination." This accommo-
dating willingness on the part of the cattle, to " trans-
port themselves at little or no expense," is in the highest
degree considerate. " But if," says our Smithfield
author, " instead of being at once driven there. they are
first to be driven to some other place for the purpose of
being slaughtered," the expense will be enormous. We
should think so, indeed ; for we know of no cost at
which the arrangement could be effected. To drive them
to be slaughtered first, and then drive them somewhere
else, would be a most extravagant undertaking. This
instance will furnish a very fair criterion of the value of
the reasoning to be found in the observations against the
removal of Smithfield market. We have long been con-
vinced of the necessity for its abolition, and we need
hardly say, that what has been placed before us as an
argument
,in its behalf has confirmed us, if possible,
more strongly than we ever were, in the opinion that
Smithfield cattle-market is one of the most defencelss
and offensive nuisance to be found—not in the metropolis
alone, but in the whole of England.

very useful.
As most of the emigrants land in America during the
hot months of summer, it is well for than to know that
the climate is as much hotter in summer as it is colder
than that of Great Bri tail,' in winter. In the old country
(England) a man can without much inconvenience wear
the same kind of clothing the year round. Not so in
the Unite,' States. Clothing, to be healthy and com-
fortable, must t,:e changed with the season. Very light
cheap cotton or linen goods will be otten found most
pleasant in summer, while heavy, woo11,:us are ind,spen
sible in winter. It should always be borne in mind, that
feeble children and adults will be most healthy in wearing
flannel next their skins the year round. Labouring
people generally wear flannel jackets, even in summer,
as they protect them from the sudden effects of cold when

overheated.
When emigrants a.rrive in America in summer, much
caution is necessary. in order to preserve the health of
themselves and tamilios. clodiin, if possible,
should be adapted %o the season.
Young children, about the period of teething, are
liable to be attacked with the diarrhcea. (looseness of the
bowels), called in New York " the summer complaint,"
and which, if not guarded against, or attended to in time,

becomes dangerous.
Fruit of all kinds, especially peaches, apples, melons,
&c.. are plenty and cheap in America, and being ve.,y
.
palatable to emigrants after a long sea voyage, th, y are
very apt to indulge themselves too freely, and suffor the
consequences in nit attack of dysentery, or cholera
morbus, which, however, if prop:Tly attended to in time,

is easily- cured.
All emigrants io tending to seek a home in the West
boxes of
or valley of the IVEississippi, should supply themselves
with a small stock of simple medicines, Each as castor
oil, rhubarb, Epsoanifeswaltsb,lucealpc
amnadresiA,
seidlitz powders, if its employ-
ment is understood, calomel, which, prnperly ad:ninis-
tered, in many cases proves a useful medicine, especially
in bilious and other fevers. To these articles, if deemed
necessary, boxes of simple salves, lint, paragoric, and
laudanum, might be added. In all cases of serious
indisposition, it will be best to call in the advice of a
physician of good standing, avoiding pretenders and
quack medicines.
The whole art of preserving health may be summed
up in a few words:-
Ist. Strict habits of temperance in everythin, but
especially in eating and drinking. As spirituous liquors
are ve,-y cheap in America, many emigrants are tempted
to drink to excess. The practice, if it should become
habitual, never fails of undermining the constitution,
and ending in the ruin of the person addicted to it.
Over-eating fruit or other articles very often engenders

RAILWAY COMMIT FEES

(SATURDAY.)

HOUSE OF COMMONS.

GROUP I.
The Select Committee appointed to consider the
merits of the Bills comprised in this group re-assembled
at the usual hour this morning; Lord Granville Somer-
set in the chair.

-
THE soirrff-EASTERN SCHEMES.
Mr. MacGregor's cross-examination was resumed by Mr.
Talbot, but his evidence in chief remained unshaken in the
least degree. At the last meeting, he said, the company paid
a dividend at the rate of 6i per cent. per annum, and he en-
tertained the hope that ere long the line would yield 10 per
cent. Under his own management the traffic had consider-
ably
increased, and the lines now before the Committee were
absolutely necessary fur the accommodation of the public. '
Mr. MacGregor was also cross-examined by several Learned
Gentlemen, who represented opposing landowners, but it was
stated, that the company were quite ready to make fair
and liberal arrangements with all parties whose property
would be injured by the lines.
On re-examination, Mr. MacGregor stated that he
based his hope that the concern would eventually return
lot. per cent. upon the expectation that the Committee
would concede the lines und4r discussion.
Mr. T. B. Fern, solicitor to the South-Eastern Com-
pany, proved that so far hack as 1834 the company pro-
jected lines similar to those before the Committer, but
the opposition of the landholders led to their abandon-
ment, and eventually the company was forced to adopt
their present circuitous route.
The Committee adjourned at half-past four until Yon-
day, at twelve.
---.---.

disease.
2d. Undue exposure to night air in a new country
should, if convenient, be avoided, and proper attention
paid to clothing.
The diseases to which emigrants may be exposed in
the valley of the upper Mississippi are few', and simple
in their character and treatment. Further seuth they
are more serious—billions remittent fevers occasionally
prevailing during the siellfly months.
Early in summea. slight cases of dysentery and bilious
diseases sometimes occur, while in autumn, at reel:a of the
ague, or " chills aad fevers," especially in low pisces or
near swamp marshes, are occasionally rxperierced.
For the forme-7. a dose or two of blue pii!a, or
calomel, worked elf with oil or salts, way be taken, fal
lowed with doses of quinine between the intermissions.
In cases of dyeenterv, blue pills, followed by infusion
of rhubarb and calcined magnesia may be taken, which,
with strict attention to diet—which should consist of rice
soup, Indian meal gruel, or thin porridge, barley or oat
meal porridge, &o. Till the disease gives way, all aei-
mal food, fruit, &c., should be avoided. The diarrhoea
of young children, cften induced or aggravated by the
use of unripe fruit, requires early and particular atten-
tion. The flannels of young children, on arriving in
America, should not be changed. They should be
guarded in their diet. Green fruit of all kinds should
en no account be allowed them. Should the disease ap•
pear serious, their food should consist of arrow-root, soft
boiled rice, or rice water, with boiled milk, &c. Their
drink should be plain water, with gum-arabic dissolved
in it, or flax-seed tea, cold—or, of what is still better,
cold water, in which " Bane Leaves" (a plant cultivated
in America) have been steeped. The best purgative, or
alterative medicine, is an infusion of rhubarb, a tea.
spoonful of which may be given mixed with a small
quantity (say half a tea-spoonful) of calcined masnesia
(Henry's if convenient) to a child from eighteen months
to two years old. Where the case becomes exhausting,
tedious, or severe, it will be best to call in a physician of
experience. In some instances, small doses of caltanel
(say two or three grains to a child from eighteen months
to three years old) may be given on a little dry sugar,
followed by a few mouthfulls of water, which, if neces-
sary, may be carried off by small doses of the rhubarb
mixture or infusion.
The winter complaints are pretty much the same as
those which occur in the old country, and require about
the same treatment. Children after they pass the period
of teething are generally healthy under proper care,
and are little liable to disease, it we except attacks of
beeping cough or measles. They *sometimes, as in the
old country, experience attacks of scarlet fever. Occa-
sional ablutions with clean water, with general attention
to cleanliness, will be found useful as a means of pre-
serving health. Buildings, however rudely constructed,
should be so arranged as to be dry and airy in summer,
and warm in winter, and at a distance from all collec
tions of stagnant water. In settling a new place good
pure drinking water should be obtained, if practicable,
for family use.
To understand the nature of the climate at the west,
in the upper valley of the Mississippi, we shall give ex-
tracts from tables' of the weather kept at rhfferent places
in that part of the country. As a set-off to the sudden
changes of temperature, it may be remarked that the
number of clear, bright, and unclouded days greatly
exceed those of Great Britain, in a given year, which
Often imparts buoyancy and cheerfulness to the feelings.
Clear and pleasant weather also renders out-door labour
more agreeable.
Dr. Drake, of Cincinnati, celebrated for his accurate
tables respecting the weather, noted down 4,263 obser-
vations, from which it appears, that of 365 days in the
year, about 176 were fair, 105 cloudy, and 84 variable.
Dr. Beck made similar observations respecting the
weather at St. Louis, and found that a single year gave
him 245 clear days and cloudy, including 110 variable
days. In a period of six years the mean number of
clear days per annum was 172 83, cloudy ditto 164.33,
variable ditto 82.16. The greatest number of clear days
occurred in May, June, July, August, and September,
and of cloudy days during the winter and other months
of the year.
The prevailing witrds in the valley of-Abe Mississippi,
especially in the summer, are from the south-west or
west, and the climate is said to bo somewhat milder
than on the same parellels of latitude in the Atlantic
States.
t he Notwithstanding
steady
clear
In the country at the West, say in Michigan, W is-
consin, upper part of lowa, &c., or that section of the
country lying north of 41 deg. N. latitude, the thermo-
tuhteeteirnotefntesi
intensity n fal
ol sf in
thweinter cold, belowowin
owing
srtoo.
bracing weather with which it is accompanied, persons
do not feel the effects of it more sensibly than they do
that of weather much less cold in England.
By meteorological observations made in Bloomington,
on the Mississippi, in lowa, for 1839. it seems the mean
temperature was 54 deg.; the maximum, 95 deg.;,
minimum, 5 deg.; clear days, I II; cloudy, 77; variable,
80; rainy, 79; snowy, 18. Warmest day, July 24th
84.74. Coldest, 29th of December, 4.40. Warmest in
winter, January 10th, 56. Coldest in summer, August
30th, 50.
By meteorological tables kept at Marietta, Ohio, on
the Ohio River, it seems the mean temperature was
about 53.54 ; the maximum 92 deg., and minimum 3
deg. The quantity of rain for the year 1839 was 33
inches. The range of barometer was from 28.80 to 30
inches.
In various parts of the west, the clear days in the
year amount to from 170 to 210. As we proceed south,
the mean temperature increases, the range often reach-
ing, at Natchez, in Mississippi, 80 to 89 deg. The clear
days bear about the same proportion.
The temperature peculiar to certain latitudes in the
United States bear about the same comparison with
latitudes 10 or 12 degrees further north. Thus New
York, which is in latitude 40 deg. 42 min. 2 sec., is
as cold in winter as the climate of London, in 51 deg.

INFORMATION TO PERSONS EMI
GRATING TO AMERICA.

(From the American Sun.)
The climate of the United States differ in many re-
spects from that of Great Britain or the Continent. It
is colder in winter and warmer in summer. Owing,
however, to the immense size of the country, extending
from the Rio Grande, on the southern border of Texas,
in 26 degrees of north latitude to the British possessions
in Canada, and to the 49th degree of north latitude, and
in width from the Atlantic to the Pacific oceans, the
character of the climate is greatly diversified. It is also
much influenced by mountain elevations, as well as by
the sea air near the coasts, &c.
Every 253 feet in elevation in a given latitude is said
to be equal to a degree of diminished temperature. As
the elevation increases, however, it is thought the change
becomes less.
Notwithstanding the diversity of soil, the difference
between the degrees of heat and cold experienced in the
extreme northern and southern latitudes is not so great
as might at first be supposed.
For instance, the thermometer rises about as high at
Quebec or New York, in 41 deg. to 42 deg., as it does in
Mobile or New Orleans, in 30 deg., but the duration of
heat is a great deal less at the former than at the latter
points. On the other hand, ice is sometime.; formed,
and the ground partially frozen, at New Orleans,but the
duration of cold is brief, seldom continuing longer than
two or three days at a time; while at the north, the du-
ration of cold lasts for two or three months, closing the
rivers and c.inals with ice, and suspending navigation.
The rivers of the west are seldom obstructed with ice
below 36 or 38 degrees of north latitude.
The features of the climate against which the emi-
grant should provide, are first, its sudden changes. Thus
in winter as well as in spring and autumn, the thermo-
meter will fall and rise 10, 20, 30, or 40 degrees in
24 hours. These sudden changes, if practicable, should
be guarded against, by adapting the clothing to the
state of the temperature. When it suddenly changes to
cold, warmer clothing should be put on. When the
change is from cold to hot weather, thinner clothing may
be worn. This disposition of the climate to suddenness
of change at the season of the year mentioned, is pecu-
liar to the whole country, if we except that portion bor-
dering on the Pacific Ocean, not yet fairly open to Eu-
ropean emigration.
Although the changes are sudden, the thermometer
often rising or falling more degrees in a single day in
America than it does in a whole year in Great Britain,

FOOD ON THE CONTINENT.
We translate the following from the Gazette de Gri-
sone, a French commercial journal. It presents the re-
suit of investigations• made throughout Europe for that
paper respecting
the late harvest:—
RUSSIA--Southern provinces—Grain moderate in
quantity, good in quality. Northern provinces—Harvest
abundant. Potatoes diseased in only a few districts.
PuLAND.—Grain tolerable in quantity and quality.
Potatoes failed extensively.
SCANDINAVIA.—Bad harvest in general.
Pilu"lt•—ln all the provinces there has been an ave-
rage harvest. Grain and potatoes tolerable in quality.
SAXE*HOLSTEIN.—Grain tolerable. Potatoes attacked
with the disease, more or less.
HANOVER.—Grain tolerable. Potatoes failed almost
everywhere.
WIRTEMBERO AND BAVARIA.—Grain moderate in
quantity, excellent in quality. Potatoes have com-
pletely failed in some provinces, and have been abundant
and good in others.
TURKEY.—Main good. Rice and wheat tolerable.
AUSTRIA.—Grain abundant, but not very good. Po-
tatoes diseased in some provinces, but deficient in others.
Generally speaking, a good harvest.
ITALY.—Maize good ; rice not very good ; grain
scorched in many districts. No return as to potatoes,
not being much cultivated in Italy.
SWITZEIALAND.—Grain moderate in quantity, good in
quality. Putatoes
FRANCE.—Grain only tolerable. Potatoes failel in
four fifths of the kingdom.
HOLLAND AND BELGIUM: Grain tolerable. Pota-
toes failed generally.
ENGLAND.—Grain good. Potatoes failed in many dis-
tricts.
SCOTLAND.—Grain tolerable. Potatoes failed exte n-
aively.
IRELAND.—A bad harvest in some kinds of grain.
Potatoes failed almost entirely.

A few days ago, the wife of the Rev. J. Ryder,
Vicar of Nuneaton, near Coventry, was safely delivered of
four children, who were all living. About ten months ago
she had three children at a birth, who are still living.
W orcester Chronicle.

THE 6-14 N, LONDON, MONDAY EVENING-, MARCH -29, 1847.

A SCHOOLMASTER CHARGED
WITH CRUEL CHASTISEMENT.
The following case was heard at Brighton on Satur-
day, before Major Willard, T. J. Bellamy, Rig., and
C. Carpenter, Esq., magistrates. We have abridged the
report of the proceedings from the Brigi,ton Guardian.
PICKFORD V. WHARTON.--This was a charge brought
by William Henry Picklord, son of Mr. Pickford, of
Cavendish-place, surgeon, against Mr. Wharton, a
schoolmaster, residing in Adelaide-crescent.
Mr. Verrall (the eleih) having read the charge,
Defendant said he pleaded " Jostitication."
Mr. Verrall—That ir, not guilty.
Mr. Bellingham, solicitor, who appeared in support of
the &large, addressed the ikdtch, and called
The tannola,nant, who took off his trouir; and ex-
hibited two or three merks on the thigh, which were-
much swollen and black. He was then sworn, and
stated as follows:—I am 12 years of age. Igo to school
am- Mr. Wharton's, the defendant, at 10, Acelaide•cres-
cent. I have gone to school there 18 months. )(ester
day, as soon as we had dined, a gentleman came to Mr.
'Wharton's and they went into an adjoining room. He
then sent a servant into the school-room to say he
wished to speak to one of the boys. The boy went and
came back, and aicl Mr. Wharton wished him to turn
out those snobs in the school-room. About ten minutes
atter that, Mr. Wharton came into the school-room and
asked to spealti. to Mr. Hamm Aid, the teacher, in the
other room. Atter the teacher had been out with him,
Mr. Wharton returned and asked one of the boys if he
was not ashamed of the severe message he had tent him.
The boy made no reply. He then turned round to me
violently, and took my chair away. He then, to the
best of my recollection, celled me an idle brute and went
out of the room and fetched in a cane or stick—l think
a cane,—and thrashed me with it till he briao it about
my back. He then asked Cowley, one of the boys, to
lend him his riding-whip ; and Cowley replied, " I
would rather not get it." Mr. Wharton then asked the
boy where it was, and he replied that it was up stairs in
his drawer. Mr. Wharton then ran out of the room and
returned with the Whip in his hand and thrashed me
with it.

Major Willard—What kind of a whip was it ?
Mr. Wharton produced the whip. (It was a common
riding whip.)
Complainant—That is the whip. Ido not know bow
many times Mr. Wharton struck me. He was thrash--
ing we about five minutes altogether. (He then exhi-
bited a cut in his trousers which he stated was caused
by the beating.)
Major Willard—Was Mr. Wharton aware of where he
struck yeti ?
Complainant—He did not seem to be. He struck me
once across the head, and once across the eye.
Mr. Bellingham—lf the bench wish it, I have a medi-
cal man here who will speak as to the marks.
Major Willard—lt is not necessary.
Mr. Bellingham—l had thought it necessary to have
one or more of the pupils here to be examined. .1 have
asked Mr. Wharton it they are here, and be says, '• cer-
tainly not." I complain to you that he prevents the
witnesses coming.
Major Willard—You can call the witness after he has
cross examined the complainant.
Complainant cross-examined by Mr. Wharton—We
dine at half-past one and generally finish about two.
You called us into the room immediately after dinner.
I can't recollect that it was on the table and the gentle-
man waiting to see you. I do not recollect that you
came into the room to require silence before you sent in.
When you came into the room you ordered me to stand
up to learn Euclid. There had been no fault found with
me that day of the manner in which I learned Euclid ;
there had been previously, several times. At twelve
o'clock that day you said I had not done my translation
properly.
lie-examined by Mr. Bellingham—There was a
teacher in the room when Mr. Wharton sent in the mes-
sage. He had not complained of our misconduct. When
he heard the message he said he thought we were not
making more noise than usual.
Previous to his inflicting this punishment upon you,
did he charge you with any misconduct ?—No, sir.
Did you refuse to stand up when you were desired to
do so ?—No, sir.
Were you impertinent at all to Mr. Wharton ?—I said
nothing.
Major Willard—Did he complain in the morning ?
Yes, he said I did not do my work properly, and that I
could do it better if I liked.
Mr. Wharton—Had I done so previously ? ,
Complainant—Yes.
Many dines ?—Several times.
Mr. Bellingham then requested that one of the pupils
whom he had caused to be summoned as a witness should
be called.
Defendant. —I appeal to the bench whether it is de-
sirable for. a schoolboy to be summoned to a court of
justice. What' evidence could be given by a little boy ?
How would you like your own boy to be called as a
witness ?
Major Willard—That does not matter, if it is abso-
lutely necessary for the proceeding in a court of justice.
Mr. Verrall—There aas a summons Mr. Wharton,
and it was your duty to let the boys come. It was for
other persons to judge whether they should be examined.
Major Willarg—Certainly : and it was very disre-
spectful to the bench. You are not to form an opinion
whether they should be examined.
Defendant then addressed the court. He had received
the father's instructions, and only a few days past, that
if the boy would not learn, he was to make him. And
Mr. Pickford also hut w that he only consented to take
his boys on condition that he should be at liberty to
punish them if they required it, that was, to flog them.
He only runished him till he said he would learn his
lesson, and he felt that he was doing his duty properly
to the father and to the child. Ile had treated this boy
with great care and caution ; and after a great deal of
forberance he thought he must either punish him to
make him learn, or dismiss him. He regretted that he
did not do the latter.
Major Willard said they had gone quite - sufficiently
into this case to be satisfied, without the examination of
any other party, that the offence was clearly proved.
The bench was also of opinion that the child had been
chastised without any necessity. There was no call at all
for the severe punishment that the defendant gave him.
Supposing that the boy had been forgetful, and that the
defendant being out of tempter, had a weapon in his
hand, he might havo struck him with it ' • but that was
not all, tor he asked a boy to fetch a stick or a cane to
beat the lad with, and with that weapon he laid about
the child till he broke it ; and he was not satisfied with
that, but he asked a boy for his whip, and when the boy
refused to go for it, he went up stairs for it himself.
One might have imagined that in that interval he might
-have softened down in his temper ; but they found that
with that weapon he punished the boy most severely,
much more than the occasion called for, and much
more than a schoolmaster had a right to do. Under
these circumstances they felt it necessary for the pro-
tection of children who were under a master that could
not command his temper, to impose the full amount of
he fine that the law required. He was fined 5/.
Defendant—May- I be UllOwed- to say the bench has
isunderstood the evidence. '
Major Willard—The case is closed.
Defendant then paid the money.-