The Sun.
London, England, 1859-06-02 00:00:00

He also told Mr. Smith that he belonged to the
Crocodile. Mr. Smith said, " Captain Kennedy, if
this man comes on board again when she gets to
the dockhead, call a constable and give him in
charge." He said, "Why, it is not likely I shall
go on board after the treatment I have received,"
and left the dock.

In answer to questions by Mr. Selfe, the witness
said that all he required of Capt. Kennedy was the
certificate of service and. discharge from the last
ship in which Marks served, and which was
given to Captain Kennedy when Marks joined the
Coldstream. He knew that the man had no effects
on board. He had seen the dead body of Marks
that morning. It was in the custody of Mr.
Pemble, the beadle of Rateliff, and. an inquest was
to be held upon it. Marks was a line healthy young
man, who would have received the Queen's bounty
in a few days if he bad lived.
In cross-examination by Mr. Smith, Cutler said
that he got on board the Coldstream without
accommodation. He delivered a note_ from Captain
Greet to the captain of the Coldstream.
Mr. Smith said he wished to call the magistrate's
attention to a dirty piece of second-hand paper. It
was not in the shape of a note, and he did not
believe, when he received it from Captain Kennedy.
that it came from the commander of one of her
Majesty's ships. [Mr: Smith then handed a slip of
paper to the magistrate, who read the writing upon
it, in the shape of a certificate from Captain Greet,
that Charles Marks had entered her Majesty's ser-
vice, and requiring his clothes, effects, andlpapers to
be delivered to the bearer, Marks.] Mr. Smith went
on to say that the slip of dirty, second-hand paper
seemed to want the stamp of authority upon it, and
he had some doubts, when he read the certifi-
cate, that it came from Captain Greet. If he had
used the bad language imputed to him he should be
responsible for it ; but he went to this extent, no
more, "-- you, why did you not leave the ship
when ordered ?" but he denied calling the quarter-
master a-- crimp. He also denied that Captain
Kennedy had turned the quartermaster out of the
ship in the violent manner represented. He stepped
on board himself, and gave the quartermaster some
amount of impetus by taking him by the arm and
putting him on shore. The captain of the Cold-
stream never raised a finger to him.
Mr. Dix, a shipowner, said he saw the defendant
take the quartermaster by the hand and lead him
out of the ship. Cutler fell upon his hands. He
heard no bad language made use of by Mr. Smith.
In cross-examination by Mr. West, the witness
said that Cutler might have jumped off the ship at
any time while he was on board. He was not pre-
pared to swear that Captain Kennedy did not touch
Cutler. He did not see the captain touch him.

The witness refused to answ-er a queston put to
him by Mr. West—" Do you not supply Mr. Smith
and his partner with goods ?"
Mr. Selfe—l shall assume you do.
The other witnesses also stated that Cutler was
standing on the channel board, a kind of shelf out-
side the ship, when Mr. Smith stepped upon it,
and helped the quartermaster on shore. They did
not see Captain Kennedy touch the complainant at
all.

Mr. Selfe thought the defendant had put himself
out of court. If the complainant was really outside
the ship, and if he could get on shore without the
assistance of the defendant, there was no necessity
to help him.
Mr. Smith said the quartermaster came into
court with a false story that the captain assaulted
him, and that he (Mr. Smith) did not touch him.
Being a little excited at the time, he did hand him
out of the ship. The recruiting parties came on
board ships at Gravesend and other places with
banners, flags, and bands of music, and
Mr. Selfe—Better say nothing about that. Let
me settle this without further evidence.
Mr. Smith would leave the case in the hands of
the Court. He was the last man in England who
would throw obstacles in the way of manning the
navy. He was not only willing to assist the Ad-
miralty with his personal exertions, but, as a loyal
subject, with his purse, if necessary. On seeing a
dirty bit of second-hand paper, he certainly did
conceive that it had not the stamp of authority.
Mr. Selfe said the Admiralty did perfectlyright
in prosecuting this case and protecting their offi-
cers, more particularly at the present time, when
men were wanting to man our fleets. He believed
that Mr. Smith, in common with all shipowners,
would not do anything to prevent seamen entering
her Majesty's service. Every honest citizen must
feel the great importance of assisting to man our
navy. The objection to the paper was an amount
of refinement which bordered upon the ridiculous.
From the evidence of the last witness, Mr. Smith
knew perfectly well who Cutler was and his busi-
ness. The quartermaster was on board the Cold-
stream in the proper discharge of his official duties,
and the captain ought to have delivered the sea,
man's papers to him. He could make some
allowance for Mr. Smith's anxiety when the ship
was leaving this port, but, on his own showing, he
had committed an assault, and he admitted that
he had also used an offensive word. A gentleman
in Mr. Smith's position ought not to have acted as
he had done. There was no occasion for Mr.
Smith to pull the quartermaster out of the ship.
The case was, however, divested of the aggravated
circumstances with which it was introduced. The
object. of the prosecution was not to obtain a heavy
fine, but to make it clear to everyone that the offi-
cers of the Admiralty engaged in an important
service could not be interfered with or molested.
He thought the justice of this case would be
answered by inflicting what was, to .Mr. Smith,
only a nominal penalty. He fined the defendant 40s.
The penalty was immediately paid.

HEALTH OF LONDON DURING THE

WEEK.

(From the Registrar-General's Report.)
The mortality of the London districts has con-
stantly decreased in the successive weeks of 11 ay.
In the first week of the month the deaths registered
were 1,108; in the fourth week that ended last
Saturday they were 1,028. In the ten years
1849-58 the average number of deaths in the
week, corresponding with last week was
1,017 ; but as the deaths returned for last
week occurred in a population which has in--
creased, they can only be compared with the average
raised in proportion to that increase—namely, with
1,118. The public health is therefore so far in a
favourable state that the deaths that occurred last
week were less by 90 than the number that would
have occurred if the average rate of mortality, as
estimated for the end of May, had prevailed.
The deaths that were recorded last week as caused
by zymotic diseases amounted to 238 ; the corrected
average for corresponding weeks is 257. Those
referred to diseases that affect the respiratory
organs were 130 ; the corrected average is 172.
This latter comparison excludes phthisis, the deaths
from which were 130, the average being 153.
Scarlatina was fatal in 50 cases, nearly half of
which occurred on the south side of the river. Four
of these occurred in Wandsworth, and four deaths
from measles in Putney. Thirteen cases in which
diphtheria is returned as the fatal disease occurred
as follows :-1 at 8, High-street, atNotting-hill
20, Hanover-street, Belgravia ; 1 on
April at St. George's Hospital;
John-
street, Tottenham-court-road ; 1 at Acorn Cottage,
Shacklewell-green ; 1 at 13, Barking-churchyard
8,
1 atthelol
Long-
-1 at 1, Short-street, Shoreditch ; 1 at
ti
gton ; 1
New-town ;lat 5, Falcon-tercac
alley, Shorediteli ; 1 at 55, Forstone-street, Hoxton
at 28, Surrey-grove, St.
9, 11, Brad-street, Lambeth; and 1,
at ralworth lat
Wellington-
street, Greenwich.
Three deaths from intemperance
Feter
were registered
the cause of death
in the week, besides
disease; infants were
adults died from syphilitic
is entered as "delirium whichsiati•emens ;" 53in fants and 2
murdered.
years, and a man 95 years
Of four nonagenarians arians who died the
of age.
births of 966 boys and 916
eldest were a woman, 9
Last week the girls,
in all 1,882 children, were registered in London.
In the ten corresponding weeks of the years 1849-
51 the average number was 1,549.
At the Royal Observatory, Greenwich, the mean
height of the barometer in the week was 29.791 in.
The barometer fell from 29.95 in. on Sunday to
29.59 in. on Saturday, these being the highest and
lowest points in the week. The mean temperature
of the week was 56.1 deg which is 1 - deg.
o . above
the average of the same week
mined by Mr. Glaisher)
• The thermometer in the
shade fell to its lowest •
point (40.5) on Monday,
and rose to its highest (73.81 on Friday. The range
of the week was therefore 33.3 eg d. The
mean
daily range was 026 - deg.;
. the range 'on Tuesday
was 31.5 deg. The mean dew-point temperature
was 48.5 deg., and the difference between this and
the mean air temperature was 7.6 deg. The mean
degree of humidity of the air was 75. On the two
last days the humidity varied from 59 to 93. The
wind was generally in the north-east. No rain
was measured till Saturday, when the amount was
0.13 in.

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