The Sun.
London, England, 1841-04-21 00:00:00

FOOD AND HEALTH.

(From an excellent Address of the Carlisle Anti-Corn.

1 awAssociation: )

But there is a point of view in which, so far as they are
aware, this great question' has not been sufficiently looked
at. Urgent and immediate as has been the pressure of
these unjust laws upon the commercial prosperity of this
kingdom, and deeply felt as has been the injury inflicted
by them upon the moral as well as the physical condition
of the people, the arguments for their repeal have been
drawn too exclusively from an abstract consideration of
their impolicy and their injustice; and the very wretched-
ness engendered by their continuance has thus been over-
shadowed, and in part concealed, by the means which are
employed for its removal.
Closely examined, however, this question presents
a much more serious aspect than any under which
the advocates of monopoly are disposed to recognise
it. No longer a matter of mere traffic, affecting the
supposed interests of the landlord, on the one hand,
and that of the manufacturer on the other, but assum-
ing the grave character of a question of life or death,
it is time that its merits should be fully appreciated ;
and, as no language of theirs could do justice to a subject
of so much importance. your Committee, appealing to
public sympathy, and to the common sense of their fellow-
citizens, beg to submit to your notice the followirg im-
pressive observations, entitled as they are to an unquali-
fied acceptation, from being the unbiassed results of a purely
scientific inquiry. They aro not extracted from a work
written for the purpose of advocating either this or any
other question of political economy, but occur incidee-
tally in a treatise addressed exclusively to medical men,
by Dr. Bisset Hawkins, a physician, who is eminently dis-
tinguished for his intimacy with subjects of vital statistics.
" Every endeavour," says the writer; " should be used,
by those who have the means of influencing the movements
of nations to increase the supply of food.
" From the wonderful activity of the principle of pope.
lation we are bound to deduce the expediency, not of mul-
tiplying checks, which already press but too heavily : but
of removing that obstacle which is moat opposed to the
multiplication of the species, and to its happiness and
health—namely, the difficulty of obtaining nourishment.
It has been justly observed, that, until the world is already
fully peopled, and until all its fertile soils are cultivated,
the problem would appear to be not how to diminish, but
how ito disperse ; not bow to lessen the number of con-
sumers, but how to increase the means of subsistence ;
not to keep out of life by anticipation the multitudes ready
to inherit it, but to place them in the situations most ad-
vantageous for their reception, and, in short, most hospit-
able to the new corner."

The price of corn has a most remarkable influence on
the movements of population and disease. We have not
a sufficient number of data co enable us to estimate the
exact amount of its influence, but we shall assuredly not
be mistaken in classing it amongst the most energetic
causes which press on the operations of life. This influ-
ence extends not only upon deaths, but upon births; it
affects also the number of marriages, of diseases, and even
of crimes.

" Variations in the price of corn, then, form one of the
most serious changes which can occur on the surface of a
State ; they may insensibly lead to the most unexpected,
the most formidable results; and we may affirm with con..
Hence, that one of the most important duties of a Go-
vernment, is to temper and to diminish, as far as is possi-
ble, all the circumstances which promote these fluctua-
tions in the pike of the most necessary article of bit
which man can purchase.
" Life and death mainly depend on the prosperity of
the circumstances which surround us; physical prosperity
and moral happiness, which often depend and re-act upon
each other, present a safeguard at every crisis of existence
both to individuals and to nations. We may often judge
with tolerable accuracy of the mortality which is likely to
exist in any given country, town, or hospital, from the de-
gree in which poverty or wealth, knotvledge, or igno-
rance, misfortune or success, are seen to prevail
" Wherever want and misery exist, there the mother is
more likely to die in labour, there still-births will be more
frequent, there deaths during infancy will be more nume-
rous, there epidemics will rage more violently, there reco-
veries from disease will be more tedious, and the fatal ter..
mination of it more probable, and there also will death
usually approach at an earlier period of life than in hap..
pier situations."
As a slight illustration of the principles here set forth, the
Committee are tempted to lay before the Association the
subjoined tabular compari,on, exemplifying in Carlisle tho
relation between the mortality and the proportionate amount
of distress in the years 1839 and 1840.

Assuming the demand upon the poor•rate to be a fair
cr:terion of the amount of distress, and comparing this in
each year with the number of deaths, the following results
present themselves :
Deaths. Poors'-rate.
1839
1840

Having thus endeavoured to direct your attention to
considerations, which they humbly trust are calculated to
awaken a deeper interest in the prospects of your design,
and a more earnest desire for its accomplishment, your
Committee cannot conclude their present act of duty with-
out finally calling upon their fellow-countrymen in the
name, not only of this Association, but of the millions
whom the existing Corn-laws have fore-doomed to degra-
dation, to unite in a cordial and energetic demand for their
repeal.

SHIPPING INTELLIGENCE.
(LLOYD'S.)

Lownorr, APRIL 20-.—Wind this day at noon, S.S.W.
light breeze, and cloudy.
DEAL, APRIL 19.—Wind N.W., moderate.—Arrived the
Anne, Wilson, from Oporto ; Melford, Westward. Arrived
from the river and sailed, the Prince Rupert, for New Zea-
land ; John Brown, Mauritius; Marys, Berbice ; Lady Hilda,
Barbadoes; Lady Meer, Trinidad; Mary Brack, St. Jago de
Cuba ; John and Mary, Africa ; Brittania, Quebec ; Fifteen,
Malta ; City of Rochester, ditto; Briton's Queen, Santander.
All the outward bound have sailed except the Abel Gower,
which still remains, with damage.
PORTSMOUTH, APRIL 19.—Arrived off, the Madagascar,
Walker, from Calcutta, sailed from St. Helena 10th ult, Sailed
the Elizabeth, for Sydney, New South Wales.
PLYMOUTH, APRIL 19.—Wind N.—Sailed the Burham-
pooter, for Sydney, New South Wales.
FALMOUTH, APRIL 18.—Wind W. to N.W., fresh breezes.
—Arrived the Leeds steamer, for Vigo, &c. ; Lightning stea-
mer, Woolwich ; Baltimore, Funck, Baltimore for Havre.
LIVERPOOL, APRIL 19.—Wind N.N. W., fresh.—Arrived
the Cord( lia, from Calcutta; Antilla, Burnett, Barbadoes,
sailed the 18th ult. ; Rowland Hill, St. Domingo ; Solway,
Simon, Laguna; Manley, Gover, Campeachy, sailed sth Fe-
bruary ; Brooklynn, Richardson. Apalachicola ; Pomona,
Penny, Trieste.
GLOUCESTER, APRIL 19.—Arrived the Augusta, Brad-
ley, from St. Michael's.
CoRK, APRIL 17.—Arrived the Spencer, Losh, from the
Mauritius; Mungo Park, Anderson, Monte Video.
OFF NEWHAVEN, APRIL 19.—The Gazette, Cephalonia,
for Bremen ; Staelt Tiel, Chevalier, Batavia ; General
Hewett, Ariadne, Monte Video to Hamburgh ; William, Hen-
bu ry, Pernambuco for Stockholm.
SUNDERLAND, APRIL 18.—Arrived the Union, from Am-
sterdam; Kinpers, do; Durham packet, Honfleur ; Elizabeth,
Havre ; Courier, Cherbourg ; Pauline, Caen.
The Cleopatra, from England to Nantes, put into Camarit
on the 12th, with damage, having touched on Conquest Chains,
and must discharge to repair ; Ville de Rouen, Havre to Rio
Janeiro, 10th April, lat. 49, ion. 9 W., by the Elizabeth,
Gaffiot, arrived at Havre.
VESSELS SPOKEN WITH —The Amazon, Calcutta to Liver-
pool, 4th February, lat. 30 S., lon. 40 E .; Tigris, Ceylon to
London, 11th, lat. 34, lon. 28; St. Leon, Havre to New Or-
leans, 31st ult., lat. 20, lon. 38 W. ; Mediator, London to
New York, 12th instant, lit. 45, lon. 20, by the Union, ar-
rived at Bristol. Ro=alind, Liverpool to Bahia, by the Spen-
cer, arrived at Cork. Halcyon, Monte Video to Cork, short
of provisions, 3d instant, lat. 34, lon. 30 W., by the Cordelia,
arrived at Liverpool. Louisa Bailie, China to London, 10th
February, lat. 33, lon. 30 E. ; H. M. S. Volage, from China,
12th, lat. 34, lots. 25 ; Norval, bound to the Cape of Good
Hope, 16th, lat. 33, lon. 15 E., by the Cordelia, arrived
at Liverpool. Mary Queen of Scots, bound to Pernam,
10th February, lat. 45 ; Nith, Liverpool to Calcutta, 22d,
lat. 28, lon. 19; Warren whaler, 3d ult., lat. 12, lon. 22;
Margaret, Clyde to Sydney, 4th, lat. 4, lon. 22, by the
Rosendale, which was spoken by the Spencer, arrived at
Cork, in lat. 50 ; John, Liverpool to Quebec, 15th inst., long.
17 ; Indian, Bombay to Liverpool, 12th ult., lat 1 N. lon. 20
W. ; Columbia steamer, Liverpool to Halifax, in lat. 45, lon.
30; Matilda, Liverpool to Calcutta, 7th December, lat. 2, lon.
25 ; Seringaptam and Essex, Calcutta to London, about the
17th ult., by the Madagascar, arrived at Portsmouth. William
Pitt, from the Mauritius, out. 100 days, which had spoken the
Mersey, of Liverpool, for Miramichi, 14th, lat. 46, lon. 13 ;
Maria, Alexander, out 70 days, bound to London ; Florida,
Portsmouth to South America, 14th, lon. 7, by the Gazelle,
arrived off Newhaven.

DEATH FROM CARBONIC ACID.
The daily journals have already made the public
aware of the deplorable event at the School of Phar-
mpTraheciplyaorriisanea nPisaris, which cost M. Hervy his life. He was
someappncarbonicatuswhich
aeis idcop
inmitosseldiquoildtwfoormey,linin.
dries! reservoirs, of about the thickness of two centi-
metres, with an interior diameter of from eight to ten
centimetres. Each of those cylinders had an interior
space of about four litres. The carbonic acid
was produced by the action of sulphuric acid on
the bicarbonate of soda, which were introduced
simultaneously into ene of the cylinders. A communi-
cation was then established between this first cylinder
and the other, and the clrbonio acid passed into the
second cylinder by distillation. In the first cylinder
remained a residue, consisting of sulphate of soda,
which was ta:ten out to replace it by a new supply, in
order to obtain a determinate quantity of the liquid
carbonic acid ; a quantity which, as we have seen, may
be raised to four litres. The first cylinder is supported
on two trunnions, which keep it in equilibrium, and
allow an extensive degree of oscillation.
It was at the moment when M. Hervy was balancing
the cylinder on the trunnions, to effect the mixture of
the acid with the soda, that the explosion took place.
At this moment there was no one near except M.
Hervy and a friend who was assisting him. The latter
was thrown down by the explosion, but was not struck
by any fragment of the machinery. Not so M. Hervy.
The apparatus was on the floor of the room, and the
whole effect of the explosion was directed against
his legs, which were cruelly mutilated, so as from the
commencement to hold out little chance of saving his
life. Amputation of one of the limbs was performed
next day, and in three days more this unfortunate vic-
tim to science had ceased to exist.
The explosion was accompanied by a frightful noise,
and considerable injury to the apartment. It is almost ,
unnecessary to add, that this experiment will not again
be attempted in connection with the public lectures.—
Journal de Pharnzacie.

The ',cluster Express contains an account of a
murder which was perpetrated at Ballygorman, Queen's
county, on Thursday last, adjoining the demesne of Lam-
berton. A young man, named Byrne, about 23 years of
age, was fired at, from behind a heegQ, and shot through
the body. He shortly after expired. The only cause
assigned is that his father evicted a defaulting tenant,

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, APRIL 19.

OTTEY V. PENSAM.

The VICE-CHANCELLOR said the motion appeared to him
to be altogether an afterthought, and therefore he should
dismiss it with costs.

ASTON V. GLOVER.

This was a motion to restraintheiUstitut;on of proceed-
ings of law against the estate of the late Duke of Marl-
borough by one of the creditors. The present suit had
been instituted to administer the estate, and it appeared
that the whole of the amount which had come to the hands
of the executrix, Miss Wilda Glover, was about 1,1001.
From this fund, she stated, certain law charges had been
incurred, which she claimed to have deducted, leaving a
balance of only 29/. that had been paid into Court.
The VICE-CHANCELLOR made the order.

COURT OF QUEEN'S BENCH, APRIL 20.
YEWENS V. OSBALDISTON-SADLER'S WELLS THEATRE.
The ATTORNEY-GENERAL moved in this ease for a rule to
show cause why the verdict for the defendant should not be set
aside and a new trial had. The case was tried before Air. Jus-
tice Williams at the sittings after last term, and the question
for their Lordships' consideration was, whether a Jury could
by their vedict repeal a penal Act which they disapproved of.
It was an action brought under the statute 10th Geo. 11.,
chap. 28, for representing characters upon the stage of an un-
licensed theatre, and there were counts for causing these re-
presentations to take place on an unlicensed stage. Upon the
law of the case there could be no dispute, for it was settled in
a case between these very 'parties, as reported in 2d volume of
Carington and Payne's Reports, p. 67, where the present
plaintiff filed a bill against the defendant for the specific per-
formance of an agreement to enter into partnership in such a
theatre. The defendant insisted that it was illegal under the
present Act of Parliament, and the Vice-Chancellor, and
afterwards the Lord Chancellor, gave judgment that the
agreement was illegal because the 10th Geo. 11. was still in
force, and no agreement to represent theatrical pieces in such
a theatre was legal, and could not be enforced. There were
two classes of counts, one which related to acting, and the
other causing to be represented; and with regard to the latter
he should say nothing, because, although the evidence was
clear, still there was an inference to be left to the Jury, and it
was for them to come to a decision upon the facts so left to
them. But with regard to the other class of counts it was
proved at the time that there was at Sadler's Wells, in the pa-
rish of Clerkenwell, a theatre where plays were publicly acted
in a regular manner. Among others, Shakspeare's plays,
and there were witnesses who had been present, and followed
the performances from the books. It was proved that the de-
fendant Osbaldiston was the manager, that he gave out the
parts, superintended the rehearsals, and was present on Satur-
days when the actors were paid their weekly salaries. Of al:
that there was direct and positive evidence, and unless there
was an inflexible rule that where the Jury actually miscon-
ducted themselves, by finding a verdict in a penal action con-
trary to the evidence and the summing up of the Judge, that
such a verdict must stand, then he humbly submitted that the
Court must grant him a rule. Mr. Osbaldiston was not only
the manager but an actor, and he acted among other characters
those of Macbeth and Virginius, two witnesses having deposed
that they saw him perform these parts from beginning to end
on several nights. It was shown that the public regularly at-
tended the theatre, that play bills had been ',sued, and money
taken, and ah the circumstances usually attendant upon these
performances. Their Lordships would see that in that case
there was direct and positive evidence. It might be said—and
he was ready to allow it elsewhere—that the law upon the sub-
ject was not in a very satisfactory state, and he was glad to find
that a Noble Lord had given notice of his intention to bring
the matter under the consideration of the Legislature. But
that was for the Legislature, and it was the duty of a Jury
merely to enforce the law; and if their Lordships would look
at the 10th Geo. 11., chap. 28, sec. 2, they would find it ex-
pressly enacted, that if any person should without authority or
Licence act or represent,*orcause to he acted or represented, for
hire, gain, or reward, any interlude, tragedy, comedy, or any
part or parts thereof, every person for such offence should
forfeit the sum of fifty pounds, one half to go to the in-
former and the other to the poor of the parish. Now that Act
remained in full force at the present time, and there were se-
veral cases on the subject, Prince v. Chapman, Levi v. Yates
and others. It was admitted that the theatre was was unli-
censed, for even the Lord Chamberlain could not grant a li-
cence unless in a parish where the Sovereign resided. In the
present case, therefore, it was clear that the jury had miscon-
ducted themselves, and unless they were to be vested with an
irresponsible power, he apprehended relief would be afforded
him by their Lordships. It was laid down that in penal cases,
even where there was misdirection of the Judge, the Court
could not interfere to grant a ne v trial, but where there was
a wilful violation of the law on the part of the jury, the Court
was bound to interfere. In Brooi: v. Middleton, 10th East,
it was laid down that in a penal action there should not be a
new trial, even where the verdict was against the evidence, but
that was only in a case where there was a question for the jut y, and
where they drew an inference which might be wrong, but yet
an honest one. In Rolton and Eccleston, 2d Chitty, it was
laid down that the Court could not interfere unless where there
was misconduct on the part of the jury ; but, in the present
case, there was not only misconduct, but gross misconduct, and
the present was the only mode in which they could be reached,
otherwise it would be in the power of a jury in every case to
set the law at defiance.
The Cousvr, after some deliberation, granted the rule for a
new trial.

AULBON V. HAYMAN.—LOAN SOCIETIES.
Mr. PLATT moved in this case for a rule to show cause why
a nonsuit should not be entered by leave of the Learned Judge.
It was an action purporting to be brought by the plaintiff, as
trustee of the Star Loan Society, being an institution esta-
blished for the loan of money pursuant to the statute. The
case was he and before LordDenman at the London sittings, and
a verdict was had for the plaintiff, for 41. on the first count,
and for the defendant in the other two. It appeared that, in
May, 1839, John Hall applied for a loan of si. for twelve-
months, and the defendant became his surety, they giving
their joint and several promissory notes for the payment of
the money—the declaration then alleged the non-payment of
the money. On the trial, the father of the plaintiff deposed
that three trustees were appointed, two of whom had resigned,
leaving the plaintiff sole trustee. The Learned Counsel con-
tended that the appniPArnent of the plaintiff being by parole
was not a good app',lntruent, and secondly, that he could not
legally sue, being at the time an infant under age.
The Couivr thought there could be no objection to vesting
property In a party appointed trustee by paro:e ; but with re-
gard to the plaintiff being an infant, they were of opinion that
there ought to be a rule.—Rule granted.

ANDERTON V. CHAPPER.
Mr. ALEXANDER moved in this case for a rule to show
cause why the verdict for the plaintiff with 100/. damages,
should not be set aside and a new trial had. It was an action
for crim con. tried before Mr. Baron Maule, at the Liver-
pool Assizes, and his application was grounded upon the total
absence of evidence to prove the plaintiff's ewe, and that the
verdict was against the direction of the Learned Judge. The
plaintiff was the proprietor of the Thorn Inn, at Burn"ey, and
it was proved in evidence that he waa in the habit of beating
his wife—that he was of drunken and dissipated habits, and was
at present a vagrant, nobody knowing where he resided. The
defendant was a cabinet-maker, and also a married man, and
there was evidence to show that he had been in the habit
of frequenting the Inn in the absence of the plaintiff, and
that he was on familiar terms with the plaintiff's
wife, but he denied that there was any evidence
of a criminal intercourse having taken place. The Learned
Gentleman then read the evidence of one or two of the wit-
nesses, servants who were in the employment of Mrs. Anderton,
of a very suspicious nature, and submitted that he was entitled
to the rule prayed for:
_

Lord DE;I3I-AN said he would have been rather surprised if
the Jury had found any other verdict after such evidence, hut
on the ground that the damages were rather large, he should
grant the rule for a new trial.
The ATTORNEY-GENERAL said there were one or two
cases from Lancashire in the Crown paper relative to the
maintenance of prisoners, but as a new Act was at present
under the consideration of Parliament in reference to that sub-
ject, he prayed that they might be allowed to stand over for
the present.
The COURT ordered the cases to be postponed.

COURT OF EXCHEQUER, APRIL 20.
EAST V. JEWELL.

This action was brought under the 6th of Edward VI., to
recover treble value for not setting out tithes. It was tried
before Lord Denman at the late assizes for Kent, when a ver-
dict passed for the defendant.

THESIGER now moved for a rule nisi to set aside the
verdict, and for a new trial, on the grounds of misdirection, the
improper reception of evidence, and that it was against the
evidence. The Learned Gentleman said the action was
brought not to recover the treble value ; the plaintiff 143 only
anxious to settle the question of whether there had been -a
composition, as set up by several landowners, or not. The
evidence for the plaintiff made it clear that he was the lessee
of the tithes under the chapter of Rochester, and that he had
been in the habit cf receiving 12s. per acre for wheat, and 9s.
for Lent corn, but that it was by special agreement and valua-
tion from year to year. he defence set up was that from
1537 to 1839 there had been a composition, but in that they
totally failed. However, his Lordship left it to the Jury to say
whether there had been a composition, and if so they ought to
find for the defendant, without, at the same time, calling their
attention to the fact, proved by both sides, that there had been
a yearly valuation, and that in fact the plaintiff had taken just
what he could get. The Jury was a common one, and they
were not, in general, favourable to tithe-owners ; wicordingly
they found for the defendant at once, clearly against the evi-
dence in the case.

Lord ABINGER—You are entitled to your rule upon the
ground of the verdict being against evidence. Rule nisi
granted.

BOULTON V. SNAPE.

This was an action upon a guarantee bond for 8,0001., upon
which 3,9-18/. had been advanced to the Leamington Joint
Stock Bank which failed in 1837. It was tried before Lord
Abinger at the late assizes held at Warwick, when a verdict
was found for the plaintiff..
Mr. HILL now moved for a rule nisi to enter the verdict for
the defendant, to enter a non-suit, to reduce the verdict in
various instances, or for a new trial. The Learned Gentle-
man went at considerable length into a history of the transac-
tions of the bank, but before he concluded his statement he
was interrupted by
Lord ABINGER, who said the case was a Very complicated
one, but the facts might be easily agreed upon—in his opinion
it would greatly facilitate the ends of justice if they were to
turn them into a special case. He had very full notes, and if
they could not agree upon the facts, let each side send in their
statement to him and he would settle the case for them.
This suggestion was adopted.
muscitame V. THE LANCASTER AND PRESTON RAJ'
Mr. CRESSWELL moved for a rule nisi for
case, which was an action tco°r'eicPoAvNerYt.he -WAY
to the defendants to carry. It be: .-fig
it was tried at the late "ca
- aloe of a box intrusted
Rolfe, when a verdict was directed to Derbyshire
Land" assizes before Mr. Baron
'.fout'id for the plaintiff. It appeared
ybsh ir er,eedaiNeNthi
that the p\lvacionttiffip,.:.lioeiritrab
up and sent t stone-mason out of work in Lan-
mother made
and del having settled,
anhti.s
cashire,
ormed that it wouldr where,
hca:
ox in question to one of the sta-
tml
ilooetti hvs eodrfs
oi:0r
2::xed if it would go any sooner if im in three days. She
' and was informed no, and she did she paid the carriage,
was lest, The Learned Gentle not pay it. The box
that as the Railway Company
professemdanto now contended
beb carriers only
between Lancaster and Preston, they were not
thing intrusted to them beyond those point Hail they con-
tracted to carry the box beyond Preston
,by taking ment
for the whole distance, he admitted they would have been
liable. The Company was differently placed from the case
a mail coach. In the ease of the London and Edinburgh
of
mail, the parties professed to carry the whole Way:anbduragtl:
though there might be two or three changes on the road tin
goods in London must be held I' ' 8
the parties receiving the table
but here the Railway Company were merely carriers from Lan,
caster to Preston—they pretended to be no more—and he
contended were liable no further.

The CouaT had much doubt upon the subject, but as the
question was important, they would grant the rule.

COURT OF COMMON PLEAS, APRIL 20.
SCHOLBRIDGE V. WARD. CLERK.
This was an issue directed under an appeal against a deci-
sion of the Tithes Commutation Commissioners.
The plaintiff set up that the commutation was excessive, in-