The Sun.
London, England, 1859-12-28 00:00:00

//z

PE }t
• -
s:(0
eithsr civil or ecclesiastical, and the. eeriMiS F 1 -c•;:/`
members of these presbyteries, synods, Or S
Were not judges in any legal. Eel' SC'. 'They sat 'and
acted and voted solely in virtue of the priVaie con-
trrctregulatiugtheir proceedings among themselves;
and-this contract did not, and could not, confer on
them any jurisdiction whatever. There was no
such thing as voluntary jurisdiction in the ordi-
nary sense of the term, and there was no such
thing as a N'oluntary judge. Even an arbiter was
not a judge, though the law for is sous of cxpe-
(llene), colic:cad to his proe,iedings sonic privileges
analogous to those of a judge. It was obvious,
however, that the defenders were not in the post,
tion of arbiters. Arbiters must hear, and the de-
fenders had not heard. Their plea was that. they
were not bound to hear, and he (Lord Peas) was
not assuming,they were wrong in saying so; but
if bound to hear at all, it was certainly not as ar-
biters. It was neither a case of jurisdiction nor of
arbitration, but a ease of mutual contract which
the pursuer alleednrid undertook to prove the de-
fenders had violated, to his loss and damage. It
might he that the defenders could satisfy them that
this was not a civil contract at all, or that, being
a civil contract, it related to some, act lawfully in
the power of the defenders, so that this Court could
give no decree that could avail the pursuer. All
that would be open to the defenders to show ; but
before they could go into these questions they must
know precisely what the contract was. There could
be no contract or resolution of any private associa-
tion which this Court was not entitled to see and
consider, to the tact, at all events, of ascertaining
whether the contract involved civil rights, and
whether a wrong had been done or not which ad-
mitted of judicial redress.

-

The Lord President said the Court would pro-
nounce an interlocutor repelling the defences as
defences against satisying the production, reser-
ving,to the Lord Ordinary to fix a day for satisfy-
ing the production, and for proceeding with the
cause. The Court also deaernecl for expcnsee as
craved by thelkr,•sucr.

THE LATE ATURDEROUS OUTRAGE

IN LEEJ)d,

The Leeds magistrates were occupied for several
'hours On Saturday afternoon in the investigation of
the circumstances attending the recent assault and
robbery of Mr. James Trafford, silk manufacturer,
Leek, Staffordshire, which took place on Tuesday
evening in a notorious thoroughfare, called Nelson-
-street, in Leeds. Three persons were in custody up
to Friday night, on suspicion of being concerned in
the outrage, their names being G. Harrison, 'of
Union-street, Joseph Matthews, of Nelson-street,
and the woman of loose character generally called
" Polka Ann," who lodged in Harrison's house.
Some other information, however, came to the
knowledge of the police late on Friday night, which
led to the apprehension of three other parties for
,the crime. These were " Sam" Matthewman,
Teersa Watson, and Martha Bates, all of whom re-
sided'at a disreputable house in Nelson-street, Wat-
son being under Uri protection of the male prisoner.
No evidence was taken against George Harrison,
Joseph Matthews, and Mary Pollard, and these
persons were accordingly discharged. The prose-
tutor, Mr. Trafford, was able to attend the exami-
nation, but he wa3 very pale, and appeared .to be
very languid. He detailed the circumstances at-
tending the assault and robbery, but qualified some
portions of his former statement. It now appears
that the robbery took place in Nelson-street, and
the prosecutor's ignorance of the locality had led
him to confound the two streets which
run parallel from Vicar-lane to Milipark-
street. Mr. Trafford said he intended to visit
a customer in George's-street, but that he turned
down Nelson-street by mistake, and was there
attacked and robbed. The evidence against
Matthewman, Bates, and Watson was certainly
sufficient to warrant the magistrates in sending the
case for trial. Mary Connor, wife of John Connor,
paviour, bottom a Nelson-street, and a female who
lodged with her, called Georgiana Ward, both dis-
tinctly swore that they were alarmed by cries of
" Murder" as they were sitting in their own house ;
that they therefore ran to the door; and they saw
Matthewthan strike the prosecutor on the head ;
that Watson afterwards rifled the pockets of the
fallen man ; that Bates was standing by ; and that
the three prisoners afterwards ran into their own
house, which was close by. Mrs. Connor says she
called out to the prisoners not to hurt the poor
man, but that she dared not further interfere.
After the prisoners had run away, Mr. Trafford rose
from the ground, and staggered down the street;
but fell twice before he reached the bottom. The
witnesses affirmed there could be no doubt about
the prisoners, as they saw the whole assault and
robbery, and had previously known Mattliewman,
Bates, and Watson. Mrs. Martha Booth, wife of
Samuel Booth, 42, Nelson-street, also stated that
on the morning alter the assault she saw a maroon-
coloured woman's sleeve lying in the channel of the
street. Teresa Watson came down Nelson-street
at that time, picked up the sleeve, and went with
it into Mrs. Booth's house, satin r, " This is my
sleeve ; I lost it last night ; let it he here until I
some back." This sleeve, which was covered with
mud and much rumpled, was afterwards claimed by
Watson, and taken away. There were other sus-
picious circumstances, as, for instance, the pri-
soners' preparation for a flight to Bradford as soon
as they knew they were suspected ; but the evi-
dence was not completed, and to allow time for
this being done, the case was remanded until 'Wed-
nesday next.

HEALTH OF LONDON DURING THE

if -REK.

+
(From the Report of the Registrar-General.)
The cold weather which set iu with severity on the
11th inst., and continued till near the middle of
last week, has produced an increase of mortality.
The deaths in London, which were about 1,300 in
each of the four preceding weeks, rose to 1,548 in
the week that ended last Saturday. Within the
period to which reference is made the mean weekly
temperature of the air fell 12 deg. In the ten years
1849-58, the average number of deaths in the weeks
corresponding with last week was 1,155; but, as
the deaths returned for last week occurred in a popu-
lation that has increased, they should be compared
with the average raised in proportion to the increase
.—namely, with 1,270. The result is that 271 per-
sons died last week who would have survived if
'atmospheric conditions bad not been in a less de-
gree than usual fircourable to health.
The births of last week exceeded the deaths in
the same period by only 220.
The deaths from pulmonary diseases, exclusive of
phthisis, rose from 279 in the previous week to 430
in the week ending last Saturday. This latter num-
ber exceeds the corrected average by 152. Bron-
chitis was fatal to 260 persons, pneumonia to 135,
asthma to 24. The deaths from phthisis
rose in the last two weeks from 134 to 186. Small-
pox carried off 37 persons, of whom 15 were adults ;
scarlatina, 85 ; diptheria, 14. Four deaths from
small-pox occurred in the London-road sub-district ;
5 from scarlatina in Rotherhite. From the latter
disease, 11 in Pancras, 6in Islington. Two infants
were murdered ; 9 died from suffocation, apparently
by accident. Of 66 persons who died at the age of
80 years and upwards, 6 were nonogenarians, the
latter class being exclusively women.
Of bricklayers 2 died in the week, of bricklayers'
wives 3, of bricklayers' children 11; of carpenters
12 died, of carpenters' wives 7, of 'carpenters' chil-
dren 21 ; of masons 2 died, of masons' wives 2 ; of
painters 4 died, of painters' wives 2, of painters'
children 9; of plasterers 1 died, of plasterers' chil-
dren 10.

Last week the births of 961 boys and 807 girls, in
all 1,768 children, were registered in London. In
the 10 corresponding weeks of the years 1849-58
the average number was 1,478.
At the Royal Observatory, Greenwich, the mean
height of the barometer in the week was 39.402
inches. The barometrical reading fell from 29 71
inches on Tuesday to 28.94 inches on Saturday,
being respectively the highest and lowest in the
week. The mean temperature of the air in the
week was 33 deg., being 5.4 deg. below the aver-
age of the same week in 43 years (as determined
by Mr. Glauher). The mean daily temperature
was 16 deg. below the average on Sunday and Mon-
day; 9 deg. below it on Tuesday; the air then
became warmer, rain fell, and the mean temperature
was above the average on Wednesday and Satur-
day. On Monday the thermometer in the shade
fell as low as 14 deg.; on Saturday it rose to 47 deg.
these were the lowest and highest points in the
week, and the range was therefore 33 deg. The
mean daily range was 10.5 deg. Snow fell on
Monday and Tuesday. The amount of rain in the
week was. 0.37 inches. The mean temperature of
the water of the Thames was 36 deg. The differ-
ence between the mean dew-point temperature and
the air temperature was 4.5 deg. The humidity of
the air approached complete saturation on the last
two days. The mean of the week was 81. On
Sunday and Monday the wind blew from the south
east, afterwards from the sonth-west.

[ADVERTISEMENT.]—HoIIoway's Ointment and Pi2l:.
—Diseases of Women.—Many and various have
been the prescriptions for removing certain irregu-
larities which frequently rob youth of its hap-
piness and middle ago of its health. No remedies regulat3
and restore irregular or suspended functions with the cer-
tainty and safety with which Holloway's medicines work.
For all constitutions, at all ages, in any climate, they aro
equally well adapted ; they suit the feeblest frame or
strongest woman. The Ointment must be rubbed twice
daily on the back and bowels. It penetrates and whole-
somely regulates internal organs adjacent to the parts upon
which. At is rubbed, while the Pills, properly taken, assist it.
Both remedies, used according to the directions, will cure
all diseases peculiar to females.'