The Sun.
London, England, 1840-11-02 00:00:00

CAUTION TO MOTHERS.

mRS. JOHNSON'S AMERICAN
SOOTHING SYRUP, which has been held in such
high estimation to, so many years, for relieving Children when sutf_
ering from painful Deutitiun, still continuesito be prepared accord-
ing t o Mrs. Johnson's Or.ginal Recipe, and with the same success,
by BA RCL AY AND SONS, 95, Farringdon-street, whose name and
address are engraved on the Stamp. Full directions are enclosed with
each bottle. Price 2s. 9d.
Be sure to ask for MRS JOHNSON'S SOOTHING SYRUP.

frO those afflicted with GOUT, RHEUMA-
TISM, LUMBAGO, SCIATICA, TIC-DOLO-
-11--
REUX, PAINS in the HEAD and FACE, often mistaken for the
TOOTH- ACHE, &c. &c.
'there is no medicine to whose praise higher and more numerous
testimonials have been given, than to LAI IFS GOUT AND
RH EU M Al IC PI LLS,—frnro Lll parts of the Kingdom, and every
',ilk in society, their great efficacy is acknowledged. The recent cast
et the Chevalier de le Garde, Chamberlzin to Stairislaus, late King of
Poland, is one of the me ,t convincing proofs el' their great aacna,:,,e;ixfirttrotca,l-1
ordinary virtues. Similar effects were also experienced by the Rev li
Doctor Blomberg, of Misperton-Hall, Yorke.nre, Chaplain to his late
Majesty, and Hector of Cripplegate, London, who, with a spirit of the
kindest humanity, voluntaely gave his testimony to their, happy
edects. Cases have from time to time been puhli,hed, asetfiri
bv, or can beat testimony to their extraorffinary
Mr. Sdi.setcn, Leeds, at Drewri Ilierby, Mr. Noble, Bost;iii, NIL
Drury, Lincoln, 'sir. hattet..l2, .P.artc:, Mr. Hall, Gainsborough,
Mr. Gardner, Banbury, Mr. May, Eyed:am, Mr. Walker, Malmes-
ury, Mr. Ching, Launceston. and a multitude of others throughout
the Kingdom, particularly in London and its vicinity, too numerous
for insertion in an advertisement.
The afflicted with those tormenting diseases, Gout, Rheumatic
Gi' .t Illiemnatism, Lumbago, Sciatica, Pains in the Head and
Face, often mistaken for the Tooth-ache, Tic-Doloreux, &c., will find
troin the use of this Mrdicine, that speedy relief for which it is so
celebrated And lute its efficacy is unparalleled for the foregoing
disaases, it must be consolatoiy to the afflicted with Gout, to be as_
eared that
Price
te.:ll,:ta.ricskielisrserisr theoth propertyerita poarf :sir. even ting the disease fly nig to
sold by Thomas Prout,')',9, Strand, London ; and, by his appoint-
ment, by all respectable -Medicine Vender throughout the King.
per box.
Ask for Blairi fon, Gout Rheumatic Pills, and observe the name
lid address of.' Thomas Prout, 2'29, Strand, London" impressed on
the Government Stampattixed to each Box of the Genuine Medicine.

Just published, price 2s. 6i.
At PRACTICAL ESSAY on the DEBILI•
TIES of the GENERATIVE SYSTEM, their Va.
rieties, Causes, Treatment, and Cure

By aMEMBER of the ROYAL COLLEGE •f SURGEONS,

London, and Surgeon to a Metropolitan Infirmary.
" I am impotent, and no- fit to lire, Records of t
Suicide.

Sold by Onnhyn, Catherine-street, Strand; Ross ani
Nightingaie, Liverpool ; Barlow, Birmingham ; and all Book,
seliors in 'Town and Courtr,,

V
,
N.B. Persons in the Country may have tuts work forwarded
by post (free), upon addressing either of the above Booksellers,
and inclosing a remittance of 3s.

Just published, in royal limo., cloth, price 33. ; and sent in
Town or Country free, by post, 3s. -6d.,
yIANHOOD : the CAUSES of its PRE-
MATURE DECLINE, with Plain Directions far
ITS PERFECT RESTORATION; addressed to these suf-
fering from the destructive effects of Excessive Indulgence,
Solitary Habits, or Infection ; followed by Observations on the
TREATMENT.of SYPHILIS, GONORRHEA, GLEET,
&c. IllustratJel with Cases, &c.
By J. L. CURTIS and COMPANY,
Consulting Surgeons, London.
published by the Authors, and sold by Balliere, Medical
Bookseller, 219, Regent-street ; 011ivier, .59, Pall Mall ;
S range, 21, Paternoster-row ; Pattie, 4, Brydges-strcet,
Strand; Machen and Co., S, D'Olier-street, Dublin ; Duncau
114, High-street, Edinburgh; and to be had of all Booksellers.
The Work which is now presented to the publie is the result
of very extended experience in a class of diseases and affec-
tions, which for some unaccountable reason have been either
altogether overlooked, or treated with apathy, and almost in-
difference, by the ordinary practitioner. To enter into the
details of these affections, to point out their causes, and to
mark the terrific consequences, social, moral, and physical,
which are sure to follow from indulgence, in certain habits,
would be entirely out of place in an advertisement. We have
no hesitation, however, in saying that there is no member of
society, by whom the book will not be found interesting, whe-
ther we consider such person to hold the relation of a PA-
RENT, a PRECEPTOR, or a CLERGYMAN.
The PARENT, who beholds his beloved child pining away,
and fast approaching to a premature grave, in consequence of
some disease, which for want of a careful investigation of its
real cause, has been set down to the score of consumption,
will, on perusing this work be astonished to find that in nine-
tenths of the cases of young persons of both sexes, who perish
of what is called pulmonary consumption, heart disease, tabes,
&c., the sole and exclusive origin has been the indulgence in
certain destructive habits, practised by youth much more fre-
quently than is at all suspected.
The PRECEPTOR, also, who holds temporarily, at least
the relation and responsibility of a parent, will, by perusing this
detectingl
nwuotporikiss,c bha reoeodtl
surehis r,ee whereby
thetoeder,oeufabteneynde
tovhnieerhyreoamml
concealedtui
hs
compromised,
adusi
lsetessd in investigating and
practices
the
hs
ultimatelyee
soeahfvttneiheldune introducedlbalaeive sof
checkedhisi
judge,
dagzHee,se
wowhfi hereen emm fioarricadyl ao fclue
e labyrinth,tl otig guide him through
intricatetiwnhheperroepbey r ttiomasptpaenadrii standard
attack any of his young charges, what the real cause of such
attack may be, and thus he will be enabled to check the evil in
its incipient state.
The CLERGYMAN, in whose sacred character, is at once
concentrated the twofold relation of parent and instructor, will
here be directed as to the nature of those habits, to which
youth is addicted ; he will also be enabled to point out the
disastrous consequences which are sure to follow from them, if
not relinquished.
Messrs. CURTIS and CO. are to be consulted daily at their
residence,' No. 7, Frith-street, Soho, from Ten till Three, and
Five till Eight in the Evening; and Country Patients are re-
quested to be as rninnto as possible in the detail of their cases,
—as to the duration of the complaint, the symptoms, age, ge-
neral habits of hying, and occupation in life of the party ; the
communication must be accompanied by the " usual Consulta-
tion Fee of I/.," without which no notice whatever can be
taken of their application ; and in all cases, the most inviolable
secrecy may be relied on.
N.B. Seven doors from Soho-square.

CHESTER AND BIRKENHEAD RAILWAY.—
Up to Wednesday, the twenty-ninth day of its being open,
upwards of 10,000 perms were conveyed upon this line,
without the occurrenee of a single accident. The journey
from Chester to Liverpool has been made within the hour.
...Liverpool Chronicle.

(From the Times of Saturday.)
We published yesterday an account, furnished by a
correspondent, of tfie law of deodaads, which appeared
to us particularly worthy of attention at the present
time. It is highly desirable that some alteration should
be made in this part of the law, and that instead of
being as at present, a mere fine payable to the Crown
on its grantee, the sum of money levied by a Coroner's
jury upon culpable parties, in cases of accidental death
(or a competent part of it), should be made available
in the way of compensation to the surviving children or
dependents of the deceased. We quite agree with
our correspondent in thinking that in this manner
the deodand would become a safe, speedy, and eco-
nomical means of administering a relief obviously
required upon every principle of reason and justice.
Where is the consistency of giving a remedy to
those who are disabled from working by injuries short
of death, and yet refusing all remedy .to ethers whose
whole resources are cut off by the loss of the relatives
on whom they depended for subsistence? Nothing can
.be more evident than, that sufferers of this class are
entitled to compensation, and no compensation can be
devised more appropriate or moreeasily available than
that which might be levied, under is.diffeTent state of the
law, by a Coroner's jury. We 'have described the deo-
dand as a fine levied upon culpable parties, because it
has in practice assuped that shape,and beCause,in cases
where the property involved in the mechanical cause
of death might be of small value, and the culpable par-
ties possessed of other available means, a fine, limited
(as it must be under the present last) totthe amount in
value of the mechanico cause, would ikoebviously in-
sufficient to answer %purposes
.oLokestico., In this
respect, therefore, tefaiv also requiMs eftertiden, and
Juries should be enabled to assess compensation upon
the owners of such; property immediately, and not
merely upon the,s,property itself. But while we
agree with our correspondent of yesterday in his
view of the beneficial alterations of which the htw
is susceptible, we must express our strong dissent
from the opinion which he has expressed, " that as
long as the deodand is destined for the Crown or
its grantee, there seems no good reason for con-
tinuing the system ;" and that. " to oblige A.
B. to pa) a sum of money to the Queen be-
cause his carriage has killed C. D., has little to recom-
mend it either in justice or common sense:' Such ob-
servations, if allowed to pass without comment, might
produce a very prejudicial effect upon the minds of
readers who may be called upon to serve on coroners'
juries, and might induce them to yield to considerations,
already too influential, in derogation of the duty which
they are solemnly sworn to discharge. We are surprised
that so careful a person as our correspondent should
be hurried by his wish for an undeniable improve-
ment into a blind depreciation of the benefits of an
existing institution; and still more that he should
overlook so completely as he seems to have done, the
deep interest which the communit,y at large has
in the jealous guardianship of human life. In
every institution established < with reference to acci-
dental deaths, the prevention of the recurrence of
such accidents is the first object which the State ought
have in view; and it is manifest that this object
is equally promoted by a fine which operates
penally against culpable parties, whether that fine.is
paid to the Crown or to any other person. Oa the
other hand, the interest of the State in the life of its
citizens is undeniable ; and it may quite as reasonably
exact a forfeiture to itself in cases of accidectal death as

in cases of robbery or murder. In each class of cases
there is an injury to individuals, which is subordinate,
and an injury to the community, which is prior, in the
view of the law. As between the Crown, therefore,
and a Railway Company or any, other body or person
en whose property a deodand islevied, the present sys-
tem is perfectly consistent with justice and common
sense, and there is excellent reason why it should be
continued till a better can be substituted in its stead.
We doubt whether its leading principle ought, in any
event, to he entirely superseded, A close observation
of the proceedings upon Coroners' inquests, espe-
cially in cases of railroad accidents, convinces us
that the duty which those Juries have to discharge
to the public is not well understood, and that the
minds of Jurors who compose them, are frequently
in a state of uncertainty as to the principles
on which the amount of deodani ought to be assessed.
We, therefore, request attention to the following re-
marks :—Strictly speaking, the deodand is or ought to
be, as our correspondent yesterday stated, the thing itself
which has been the physical cause of death, including all
things which moved together with. it, and are or may
have been conducive to its fatal effect. To levy less
than this, or than its equivalent in value, is without po-
t grAw
sitive warranted in law ; 'and can only be warranted in
conscience, consistentlyyrith a juror's oath, by bonafide
circumstances of miyes
tion. 1.. e mesubered,
' therefoie lira, that i alwayasitilth of a Jury
to levy adeodand to the full extent of the value of the
cause of death. On the occasion of the recent accident
on the South Western Railway, or (if death had en-
sued, and assuming that a Coroner could have held
jurisdiction) of the late collision, by scandalous neglect.
of the Britannia with the Phenix steamer, it would
have been in the power of a Jury to forfeit the entire
train or vessel which produced the collision. And,
secondly, let it be remembered that it is the duty of
a jury to exact this full penalty, unless the special cir-
cumstances of the case shall furnish adequate reason to
the contrary. What will be such adequate reason ?
We apprehend the same grounds of mitigation which
may find their place in enforcing any other species of
forfeiture. A jury will naturally, and may properly,
feel reluctance (except in very extreme cases) to bring
positive ruin upon any individual, and the question of
means may therefore justifiably enter into consideration.
It will be difficult, however, to show how this ground of
mitigation can be tenably advanced in favour of great
Joint-stock Companies which boast of their capital of
millions. The exaction of a full deodand from
the South Western Railway Company on the last
occasion would not have ruined that body, yet
it would have been sensibly felt, and would doubt-
less have operated as a most salutary check upon
their negligence, and a most useful warning to
other Companies. In fact, to make a deodand at all
effective upon proprietors like these, it ought to be le-
vied at the full amount, or very little short of it. The
least reflection will show the extreme inadequacy of such
a deodand as 3001., either as a penalty or as a preventive
check. The total receipts of the South Western Com-
pany in the week ending October 20 (being the week
in which the accident happened), were 5,3131. 14s. 2id.
The receipts, therefore, of the Saturday on which the
accident occurred, if taken at one-seventh of the
whole (and they would much exceed this proportion,
as Saturday is the busiest day in the week, and Sun-
day has not an equal number of trains with the rest),
would exceed 7591. The Jury, when they fixed their
deodand at 3001., in a case utterly devoid of mitigating
circumstances, cannot have sufficiently considered that
degree, of culpabi-
g
they were estimating the life of Catherine Andrews
at a smaller sum than half the amount of the
Company's gains on that single day, and this when
the law enabled (and, we fear, their oaths required)
them to declare the forfeiture of two engines end a train,
than 3
juriesooo/u.
ghTthine such
cases
dis-
tinctions miti-
gating ,
circumstances probably,
tle
whichsos
to pay any attention, ere those which tend to prove the
absence,li
ty
o nt h
oer
pgreatlythose
sdiminish the
whose d
pockets the deo-
dand
tdiannodtiownislltocohmeea.tteEndveedn
tho.ere,lfa workmanthere
are importantor trespasser
from bravado or wanton carelessness, or with a suicidi,
cal intention, crosses the line of railroad when a train
a approaching, and so loses his life, it is manifest that the
fault is entirely his own, and no blame whatever can rest
with the owners of the train. Here, then, is a case of
complete exculpation, and the deodand must be merely
nominal. But if workmen employed by a Companyy
place and leave a stationary obstacle upon the line (as
happened upon the North Midland Railway), or leave
detached carriages there when another train is ex-
pected (as happened at Rugby), or if au engine-driver
runs into a previous trails from want of warning as to its
proximity—in all such cases, when an accident happens,
it is caused by failure of duty on the part of the watch-
men or other servants for whose efficiency the Company
is responsible, and that responsibility
exacted as the only 'swans of ensuring a more vigilant
superintendence in future. In such cases there is an
almost infallible presumptionsomething defective in
the general arrangements ; the experience of the Lon-
don and Birmingham line, and others, having shown
how complete a security it is possible to obtain, by
proper regulations, for the general,. good conduct of the
Company's servants. If upon a %,?Il•conducted line some
occasional accident (like that at Rugby already referred
to) should nevertheless occur, the general character of the
Company would, as a matter olcourse,operate with a Jury
in their favour. There is a third class of cases, in which,
the immediate fault having ascertained to rest with
an individual, Juries too often come hastily to the conclu-
sion that the employers of that individual are free from
blame. The dreadful accident of Sunday last upon the
Great Western Railway---ea railway whose arrangements
i
and scale of expynditure arc, n many respects, entitled
to very high praise—was of this class. Two lives
were lost because the person who was entrusted with
the management of the engine did not shut off the steam
at the proper place and time. In cases of this sort it
is necessary to inquire into the competency of the indi-
vidual fur the office in which he is employed, and if he
should not appear to the satisfaction of the Jury to be
properly qualified, it ought to be presumed that a con-
nexion existed between the accident and the in-
capacity of the person wh ) was its cause. And if