The Sun.
London, England, 1861-11-20 00:00:00

riTIIE SUN, LONDON, WEDNESDAY EVENING, -T- NOVEMBER 20, 1861.

HEALTH OF LONDON _DURING THE WEEK:

come, the writer observes, to reply " to the exag-
gerated eulogiums bestowed on the commercial
regime which had led to such results." At present,
however, that an official summary of the principal
effects produced in 1860:by French commerce with
the colonies and foreign countries has appeared, it
is possible to form an estimate of the influence
exercised on commercial transactions by the par-
tial application of the treaty agreed to between
France and England, that statement being, the
writer declares, the most conclusive answer that
can be given to the representations of the Protec-
tionist party. The article then proceeds to say :
___

that could have been conferred on her, occurring, as .
it did, at the most opportune moment. It was only
in the middle of last year that we had an immense
stock of raw cotton at home, and there were several
millions sterling of deficiency in its value in the
market here over its cost, and considerable appre-
hension existed as to how that deficiency would be
met. All markets were overstocked with our manu-
factured goods, and the Indian market swamped by
enormous shipments, far in excess of any possible
requirements under the most favourable circum-
stances; but such shipments, made in a year of fa-
mine, when a great number of her people had not
the means to purchase food, far less, to them, the
luxury of English cloth, seemed insanity. So com-
pletely was that market overdone that, although
there had been a considerable reduction in shipments
for this year, the stocks there were so large that it
is only the latest advices that report any material
improvement in prices.
"Every one must deplore the extent to which the
working of short time has diminished wages, en-
croaching on the slender comforts and even neces-
saries of life, of the working classes; nevertheless,
looking at the whole of the cotton trade for last
year, it appears a fact, that, had the American sup-
ply come forward as usual, the state of affairs in
South Lancashire must have been far more disas-
trous, and a much greater number of hands thrown
ovt of employment than in all probability there
will be under the existing state of matters for next
year. " J. T. M."

(From the Registrar-General's Weekly Return.)

The high mortality that attends the inclement
months of the year has begun to appear in the
weekly returns. The deaths in London were 1,078
in the last week of October ; they rose to 1,251 in
the following week, and to 1,288 in the week that
ended last Saturday. The mean weekly tempera-
ture of the air was above 58 deg. till near the
middle of October; it fell to 45.5 deg. at the end of
the month, and in the first two weeks of November
42.0 deg, and 36.7 deg.
The corrected average number of deaths for the
weeks in 10 years, 1851-60, corresponding—with that
for which the present return is made, is 1,294 ; and
it appears that the mortality of last week agrees
very closely with the result obtained by calculation.
The mortality from bronchitis exhibits an in-
crease ; the numbers referred to this complaint in
the last three weeks are 81, 87, and 131. Scarla-
tina continues to predominate among the zymotic
diseases; the deaths caused by it last week were
101 ; by diphtheria, 25. There were 62 by typhus;
17 by croup, 3 by smallpox, 6 by measles.
_ _

" The imports of the year 1860 amounted to
2,392,400,000 f., whilst for 1859, they were only
2,148,200,000 E, being an increase for 1860 of
244,200,000 f. The exports for 1860 were
2,949,400,000 f., and for 1859, 2,755,600,000 E,
being an improvement of 193,800,000 f, The
imports and exports together amounted, in
1860, to 5,341,800,000 f., and in 1859 to
4,903,800,000 f., being an increase in favour of
1860 of 138,000,000 f., or 8'93 per cent. For
imports taken separately the augmentation is
11.36 per cent., and for exports 7.03 per
cent. The results of special commerce, which show,
with fidelity, the movements of home consumption
and national production, are equally significant.
Its imports amount to 1,585 millions instead of
1,404 in 1859, an increase of 181 millions or 12.02
per cent. ; and its exports to 2,092 millions instead
of 1,998 in 1859, being an augmentation of 94 mil-

No fatal cases of scarlatina were returned in
Chelsea, 8 in St. George's, Hanover-square, 8 in
Islington, 7 in Clerkenwell, and 4 in the first sub-
district of Waterloo-road. If the first divisions of
the metropolis are compared, it will be seen that
the greatest number of deaths from scarlatina was
recorded in the western division. The complaint
seems to be prevalent in Fulham, Brompton, Chel-
sea, and Hanover-square sub-district.

lions, or 4.70 per cent. ; the imports and exports of
the special commerce amount together to 3,677
millions in 1860 instead of 3,402 in 1859, being an
improvement of 275 millions or 8.70 per cent.
These figures speak for themselves ; the year 1860
was, as is well known,one of stagnation and expec-
tation, as the application of the new tariffs at suc-
cessive data interfered with different commercial

LAW INTELLIG P'NCE.—Nov. 19.

Nine persons, of whom 6 were children, died in
the week from syphilitic disease; 10 children from
want of breast-milk, one in Shoreditch from " the
want of food." Two infants, who had been mur-
dered, one by starvation, the other by strangula-
tion, were found in the Regent's Park. Five cases
of murder or manslaughter are returned in the
week. Two widows, whose deaths are recorded,
had attained the age of 95 years.
Last week the births of 876 boys and 898 girls,
in all 1,774 children, were registered in London. In
the ten corresponding weeks of the years 1851-60

COURT OF EXCHEQUER.

Sittings at Nisi Prius, at Guildhall, before Mr.
Baron Martin and a Common Jury.)

WOODIN V. THE LONDON AND SOUTH-WESTERN
RAILWAY COIIIPAN Y.-THE OLIO OF ODDITIES IN

A FIX.

transactions one after the other ; the American
crises commenced, and already our exports of wine
and silk tended to diminish. In spite of those
different clauses of embarrassment, which we shall
again find reproduced or aggravated in 1861, it is
not the less true that our imports and exports in
1860 presented a notable increase over the already
enormous amount of 1859; and if it be true, as we
have reason to fear, that from the effect of the
Anglo-American crises our exports in 1861 will
undergo a diminution of about 200 millions as com-
pared with 1860, they will be again precisely equal
to those of the magnificent year 1859, notwithstand-
ing the crises and in spite of foreign competition."

This was an action brought by the plaintiff, the
celebrated Mr. Woodin, against the defendants, to
recover compensation in damages for an alleged
breach of contract.

The defendants paid 40s into eourt as sufficient
to satisfy the plaintiff's claim.
Mr. Collier, Q.C., and Mr. Kingdon were coun-
sel for the plaintiff; Mr. Hawkins, Q.C., And Mr,
Millward for the defendants.

the average number was 1,617.
At the Royal Observatory, Greenwich, the mean
height of the barometer in the week was 29.356 in.
The barometer rose to 29.64 in. on Tuesday, and fell
to 28.83 in. on the following day. The mean tem-
perature of the air in the week was 39.7 deg., which
is 3 8 deg. below the average of the same week in 43
years (as determined by Mr. Glaisher). The mean
daily temperature was below the average on every
day, and on Saturday the amount of depression was
equal to 10.6 deg. The highest day temperature
was 50.8 deg. on Sunday ; and the lowest night
temperature was 25.5 deg., and occurred on Satur-
day. The range of the thermometer in the shade
was therefore 25.3 deg. The mean daily range was
13 deg. The difference between the mean dew point
temperature and air temperature was 3.6 deg. The
mean degree of humidity of the air was 89, complete
saturation being represented by 100, which point
was attained on Wednesday. The wind was vari-
able; its maximum pressure on Sunday was 101 b.
on the square foot ; on Thursday it was 91b. The
amount of rain in the week was large—viz., 2.51 in.,
of which as much as F 29 fell on Wednesday,rather
more than half an inch on Sunday, and about the
same quantity on Thursday. There was thunder
and lightning on Sunday. Rain fell almost con-
stantly for 20 hours on Wednesday and the morn-
ing of Thursday.

It appeared that on the 15th of August last the
plaintiff gave a performance at Yeovil, and had
announced his intention of repeating it at Crew-
kerne, a place about ten miles distant, on the follow-
ing night. Accordingly, on the following day, he
contracted with the defendants to take the van con-
taining his dresses, &c., to Crewkerne, but they
neglected to do so, in consequence of which he was
unable to carry out his announcement, and he was
subjected to the jeers of the audience, who called
him "a humbug," said he was "no go," and used
other offensive expressions towards him, in conse-
quence of which the plaintiff alleged he had lost his
reputation there. _

The defendants' case was in support of their plea,
that 40s. was sufficient to satisfy the plaintiff's
claim.

After hearing the evidence,
The jury returned a verdict for the plaintiff,
damages £22, over and above the amount paid into
court.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
LAUTOUR V. LAUTOUR AND WESTON (THE QUEEN'S
PROCTOR INTERVENING)—JUDGMENT.
The Attorney-General (with whom was Dr.
Spinks) said that he appeared on the part of the
Queen's Proctor, and applied to the Court that a
decree obtained by General Latour, the petitioner,
should be reversed, his petition dismissed, and that
he should be condemned in the costs incurred by
the Queen's Proctor. It was proved at the trial
that the parties were married in 1826, and that
Mrs. Lautour cohabited with her husband until the
year 1827, when she eloped with the co-respon-
dent, she at the time having one daughter, issue of
the marriage. Since the trial the Queen's Proctor
received information which induced him to inter-
vene, and plead adultery on the part of the peti-
tioner at the time of instituting his suit. He
read affidavits to prove that the petitioner, shortly
after his wife's desertion, formed an immoral
connexion with a female, with whom he was
living up to the presentstime, and by whom he had
a son, aged 23 years. The petitioner brought
an action of trim. con. against the co-respondent,
and the jury awarded him £1,500, and subse-
quently he obtained a divorce a mensa et thoro in
the Arches Court. The learned counsel contended
that, under the circumstances, the petitioner was
not entitled to any relief from the Court.
Dr. Phillimore, Q.C., (with whom was Mr.
Thompson Chitty) appeared for the petitioner, and
said he was not in a position to deny the, adultery
of his client—but argued that in this case the
Court was not bound to grant the application. The
petitioner was deserted by his wife ; and it was not
until that event took place that he formed any im-
proper connection. Having referred to the section
of the act under which the Court was empowered
to grant the application of the Attorney-General,
he contended that the Legislature never contem-
plated the interference of the Crown in cases simi-
lar to the petitioner's. With reference to the delay,
of the petitioner in adopting proceedings for a dis-
solution of marriage, he stated that he intended to
have applied the damages awarded him to that
purpose, but that his solicitor left the country, and
took the money with him, and that his means were
inadequate to obtain a divorce at the time, in con-
sequence of the expense then attending such pro-
ceedings.
Sir C. Cresswell said it was not proved that Gen.
Lautour could not have instituted proceedings in
the House of Lords; and if he had retrenched his
expenses, instead of keeping a mistress, he might
have been able to have done so. The learned judge
having read the section of the act which vested him
with discretion in dealing with applications of ,this
description, said that he was bound as far as pos-
sible to follow the practice which prevailed in the
Ecclesiastical Court ; and acting on that principle,
and according to his judgment, he felt called on to
grant the application of the learned Attorney-Ge-
neral. If General Lautour had consulted his
legal adviser, he would have been informed
that the adultery now pleaded against him
would be a most material element in regulating
the decision of the Court, instead of which
he (Sir C. Cresswell) was left in total dark-
ness. The Court could not entertain for a moment
the doctrine of the learned counsel for the
petitioner, namely, that because a man's wife de-
serted him he should take the remedy in his own
hands, and live for years in a state of adultery. He
must therefore decide that the decree should be re•
versed, and the petition dismissed on the ground of
the adultery of the petitioner. With regard to the
costs of the Queen's proctor, he thought the peti-
tioner should pay them.
THOMAS V. THOMAS AND CROWTHER.—JUDGM ENT.
In this testamentary suit, the facts of which have
been reported, the learned judge dismissed, with
costs, the appeal from the finding of the jury, on the
ground that the will, which was stated to have been
made years before the decease of the testator, was a
forgery.
RATCLIFFE V. BAILEY AND AN OTHER.—JUDGMEN T.
In this case the plaintiff propounded the will and
codicil of a Mr. Baines, who possessed considerable
property in Lancashire, which was disputed by the
defendants, his daughter and her husband, on the
ground that the latter instrument was executed
under undue influence, and when the testator was
not of sound disposing capacity.
The case was heard before Mr. Baron Martin at
the Liverpool assizes last August, and the jury
found a verdict for the plaintiff. The defendants
appealed, alleging that the case was decided in the
absence of material witnesses, and the case stood
over for the learned judge to read the notes of Mr.
Baron Martin.
Sir C. Cresswell now dismissed the motion for a
new trial, with costs.
WALKER V. WALKER, NICOL, CRAIG, AND ANOTHER.—
JUDGMENT.
The husband, in this case, petitioned the court for
a dissolution of marriage, by reason of his wife's
adultery with the co respondents, one of whom was
not known. All the parties live at Liverpool, and
Mr. Nicol is a builder and Mr. Craig a medical man.
The case was decided last July in favour of the peti-
tioner ; and on the sth instant counsel, on behalf of
Mr. Nicol, moved for a rule calling on him to show
cause why there should not be a new trial,
on the ground that the verdict was against the evi-
dence. The petitioner's case rested on the testi-
mony of witnesses who deposed to Mr. Nicol having
been in the habit of visiting Mrs. Walker during
her husband's absence, and remaining iu the house
for a coasiderabla time. Some letters which had
been written by Mr. Nicol to Mr. Craig were read
which showed that they were on terms of fami-
liarity, but which, per se, did not establish any im-
moral intimacy.
Sir C. Cresswell now delivered judgment, and
said that ho did not consider there was any grou_nbe!
for interfering with the verdict of thejury.evi_
facts alleged in the petition were proved b bythe light the T
dence, and the letters in question, read y
of that evidence, did not bear an innocent construc-
tion.
The rule was discharged, and the decree nisi made
absolute.
re resented the petitioner
Dr. Phillimore, Q.C., ,
appellant,
and Mr. Coleridge, Q.C., the