The Sun.
London, England, 1850-04-04 00:00:00

BIRTHS IN THE WEEK.

Males ... ... ... ... ... 711
Females ... ... ... ... 720

Total ... ... 1,431
*ln this number are included 15 by Scarlatina, 39
by Typhus Fever, and 12 by Diarrhoea.

IIEALTiI of LONDON during the WEEK.
(From the Registrar-General's )returns.)
In the week ending last Saturday, 1,167 deaths
were registered in the metropolis. In the 10 corres-
ponding weeks, namely, the thirteenth in each of the
years 1840-9, the average number of deaths was
1,054, or corrected for increase of population, was
1,150; there is, therefore, an apparent excess of
mortality in last week above the average, but it
amounts to only 17. The weekly number of
deaths has continuously increased during the
last month, as the returns which follow, com-
mencing with the first week of March will show ;
the deaths were successively 875, 967, 1,026, and
1,167. Pert of the great increase in the last return is
due to the augmented mortality of diseases that affect
the organs of respiration, for in this class the deaths
registered last week are 252 (namely, from bronchitis,
113 ; from pneumonia, 88 ; from asthma, 29 ; from
laryngitis, pleurisy, and other diseases of the respita•
tory organs, 22). This class numbered in the pre-
vious week 231 ; and in both weeks the numbers are
much above the average, which is not more than 184.
The extraordinary coldness of the weather serves to
explain this result. From consumption there were in
the previous week 135, and in the last 115 ; in both
there were consi,lerably less than the corrected
average, which is about 150. In the epidemic class,
small-pox and scarlatina are still less fatal than
usual, especially the latter ; meazles, booping-
cough, and typhus', from which there were last
week 19, 44, and 39 respectively, show about the or-
dinary amount of fatality; seven persons died of
influenza, being -an increase; 18 of diarrhaea and
dysentery, which is less than in the previous week,
but more than the average. But the excess in last
return over the weeks immediately preceding is only
to a small extent, caused by an increased rate of mor-
tality ; coroners' cases, many of which were not duly
registered during the quarter as they occurred, but
were kept in reserve till the end of it, swell the ac-
count. These chiefly consist of deaths from fractures,
wounds, burns and scalds, hanging, drowning, and
poison, amounting, in the present case, to 91, of which
only 10 occurred in the week, and of 52 •' sudden"
deaths, of which the causes had not been sufficiently
ascertained, or are impropely returned, and of which
only six occurred in the week. Amongst others are
five children suffocated in bed .or on the mother's
breast, three persons who died of intemperance, and a
man from exposure to cold. The following is an
analysis of the week's returns :
Deaths certified by written statements of qua-
lified practitioners .„
• ••• •••
Deaths not certified by inediciii attendants, or
not reported as certified
••• • •
Deaths not certified htecause the deceased had
no mace.' attendance
Deaths returned by coroners

946

13
185

Total •••
• • .. 1,167
From this table it appears that deaths registered in
London with the signatures of coroners, and fatal
diseases registered under the 3t.thority of medical
certificates, are to the whole num be r in the proportion
of nearly 97 per cent.
At the Royal Observatory, Grre enwich, the mean
daily reading of the barometer ca! above 30 in. on
Friday ; the mean of the weel c was 29.746. The
mean temperature of the week N\ ,as 35.9 deg., and was
throughout lower than the avert ige of the same week
in seven years ; from Sunday to Thursday inclusive
this decrease on the average ruct. uated between 9
deg. and 13 deg. Taking the :Dm !sponding weeks
of ten previous years (1840.49),, 4 appears that it

was never lower than 40.2 deg. (in 1849); that it
fluctuated between that and 51.2 deg. (in 1848), and
that the mean was 45.3 deg., or about 10 deg. higher
than the mean of last week. The temperature was
lowest on Tuesday, when the mean was 31.2 deg., and
on the same day the highest temperature of the water
of the Thames was 39.2 deg., and the lowest
35 9 deg.

ASSIZE INTELLIGENCE.
MIDLAND ClRCUlT.—Warwick, April 2.
CIVIL SlDE.—(Before Lord CAMPBELL and a
Common Jury.)
CLARKE V. PAGE.

This was an action for criminal conversation. The
defendant pleaded not guilty; and, secondly, "the
parties were not married."
Mr. Macaulay, Q.C., and Mr. Hayes, conducted the
plaintiff's case; Mr. Miller and Mr. Mellor appeared
on behalf of the defendant.
From the opening of the Learned Counsel, sup-
ported by the evidence, it appeared that the plaintiff
(a milkman, residing in Peck-lane, Birmingham,) in
May, 1843, married Elizabeth Pimley, at a chapel or
church in the vicinity of Birmingham, and, until:lB46,
the Learned Counsel said, nothing could have been
better omened than their union. The defendant Page
had dealings with the plaintiff, and frequented his house,
but up to last November no just grounds of suspicion
existed against him, though so far back as 1846, dis-
covery was made as to a change in the temper, habits, and
conduct of his wife. Milking the cows and selling
the milk took him from home for ten or eleven out of
the twelve hours of the day, during which Page had
uncontrolled opportunity for his designs. In Sep-
tember last a communication was made to the plain-
tiff, and in November last he had information from
the young servant girl which took away all doubt.
The plaintiff thereupon went away in the greatest
distress to a friend and legal adviser, to whom he
disclosed the discovery he had made. The plaintiff
then applied to the wife's father to take her back,
which he refused to do. She attempted to destroy
herself. Where she was now no one knew, but she
had been seen in the company of the defendant not
long ego. By the evidence of no less than three per-
sons repeated acts of adultery would be proved, which
would reduce the question to one of damages only.
The defendant was a married man, had been a farmer,
and now kept the Turk's Head public-house, in Bir-
mingham. After some further observations, the
Learned Counsel called the following witnesses :
William Mercer, a baker—Had known plaintiff for
twelve years. He was a cowkeeper. Knew his wife
before her marriage. Her maiden name was Elizabeth
Pimley. Her father kept the Talbot Tavern, in Bir-
mingham, but had now retired from business. Was
present at the marriage of the plaintiff on the 16th of
May, 1843. The plaintiff was then about 32, and his
wife 20, years of age. Saw them frequently after.
They lived happily together. The plaintiff had one
child by a former, and three by his present wife, and
had been a good
,husband to his present wife. He
was obliged to be very much away from home in fol-
lowing his business, milking cows and delivering the
milk.

Cross-examined—Was married at the same time.
No one was present but their four selves. No rela-
tions. Witness gave away the bride in the one case,
and the plaintiff performed the like office in the other.
The plaintiff's wife had a father, a mother, and a
brother. Plaintiff did not say her father would shoot
him if he went to his !house. Never heard that he
ill-treated his wife.
Re. examined—Knew Pimley, father of plaintiff's
wife. He was on good terms with the plaintiff, who
was a good-natured man.
Wm. Eden—Was servant to Mr. Clarke, the
plaintiff, from 1846 to 1848. The plaintiff was out
from four o'clock in the morning till half-past six,
milking his cows; then out from seven till nine,
taking out the milk ; and then from three in the
afternoon, and did nut get home again till eight at
night. Knew the defendant, who kept a tavern about
300 yards from the plaintiff's. It was a large house.
He also let out horses for hire. He was in the habit
of corning to the plaintiff's house to sell eggs and
butter, and was intimate with him, and called him
" Harry." He came oftener when his master was
from home. Saw the defendant kiss Mrs. Clarke. It
, was in the kitchen. During the time he was there
it grew "stronger and stronger." Had an accident
which kept him to his room. Oa one occasion the
defendant and Mrs. Clarke came up to his attic to
see him ; it was three o'clock in the afternoon. His
room was on the second flour. 4.s they were going
down, heard one atop on the stairs, and then Mrs.
Clarke run down, making a great noise, mad after that
heard her come up very softly, and go into her bed-
room on the first floor, and the door was put to.
Afterwards saw them both come out after five or six
minutes. On another occasion saw them both come
out of the pantry, Mrs. Clarke looked very red, and
her hair was about her face. Had known Mrs.
Clarke and Page out at night from eight till ten.
Mr. Clarke belonged to a club. Witness never told
all this to the plaintiff. Mr. Clarke was a good
husband.
Cross-examined—They sometimes quarrelled. He
never beat ber. They quarrelled because he stopped
out late at night. This matter had been tried at the
County Court. Since that time it was that he told
his master. Had not heard then about this action.
Continued in the plaintiff's service till Michaelmas,
1848. Since then had been waiter in a public-house.
Had been a prizefighter. Terry, the prizefighter,
kept the public-house in Peck-lane.
Re-examined—Plaintiff was not in the habit of
staying out late, and his wife would sometimes begin
at him when she had been out herself.
Marianne Bates lived near, and had known the
Clarkes for seven years. Remembered on one occa-
sion Mrs. Clarke going to New Vauxhall. On the
road she gave her a note to take to a public-house, the
Turk's Head, for the landlord, Mr. Page. While
they were at Vauxhall Mr. Page came up, and spoke
to Mrs. Clarke, and they all went away together at
about twelve o'clock at night.
Mary Gregory, wife of a bricklayer, living in Bir-
mingham, knew the Clarkes well. About two and a
half years ago went into their house to make tea. The
defendant came in, and said to Mrs. Clarke, " Well,
old creature, how be you ?" They then went into
another room. She could not see them, but she heard
them kissing. She called out to Mrs. Clarke to
come tohertea, but the latter answered, " Drink it

yourself, Ido not want any now." She had seen the
defendant in the house three or four times, but never
mentioned it to plaintiff, Was examined in the
County Court. She left the house when she heard
them kising because she thought it prudent so to do,
but never mentioned any thing at the time to any one.
Mary Toy, sixteen years old, daughter of a wheel-
wright, lived in Mr. Clarke's service till November,
1848. Was there eight months. Mr. Clarke was
always very kind to his wife and children. Mr. Page
came often to the house. Recollected one evening, on
going in, seeing Mr. Page and Mrs. Clarke. Mr.
Page stayed a quarter of an hour, and then Mrs.
Clarke called for a candle. Before that time there
was no light. During the time spoken of witness's
mother knocked, having come to see her. Mr. Page
was then in the room with Mrs. Clarke.
Her mother said that she would not stay to
see her. A little time after, her mother told her

to give warning. She did not give warning. One
day Mrs. Clarke was in bed, because she was poorly.
After Mr. Clarke had gone out, Mrs. Clarke said,
"If Mr. or Mrs. Page should call she was very
poorly, and they were to be shown up to the
bedroom." Witness had previously seen Mrs. Clarke
undress. Mir. Page came shortly after, and asked
where Bessy was, and witness said upstairs. Page, the
defendant, then said, " Where are you, Bessy and
she said, "I'm up stairs, and if you want to see me,
you must come up." He went up. One day, her
mistress, Mrs. Clarke, told her to go and meet Mr,
Page, opposite the Warwick-house, and say to him
that Mr. Clarke was gone out, and he was to come.
She did so, and he came. Mrs. Clarke and Page
went together into the front room—the parlour. The
" Missus" said that she might leave the candlesticks
and watch at the front door if the master was coming.
Went to the front door, and then returned to the par-
lour door. Could see into the room. The door was
partly opened. Saw Mr. Page and Mrs. Clarke.
[She,here described what she saw, as she said, which
was the criminal act itself.] Presently afterwards
Mrs. Clarke said that she might go back again into
the kitchen and look to the candlesticks. Went back
and pursued her kitchen duties. The next day she
was sent out with some clothes to tl.e mangle, and
then she made a communication to her mother as to
what she bad seen, but never told Mr. Clarke, the
plaintiff. It was only in November last, on Mr.
Clarke's coming to her mother's to make inquiries,
that she told him what she had seen.

Cross-examined—Eggs, butter, and bacon, were
exhibited in the window for sale. The window was
three feet from the ground, fronting to the street.
There was a bureau on the inside of the door, on the
right-hand side, that projected. The upper part of it
projected only about a foot. Could see over the
upper part, and over that saw the adultery committed.
Matilda Toy, mother of the last witness, went one
evening to take home her daughter's clothes. The par-
lour blind was drawn down all over but the bottom
pane. Could see very well through that. [She pro-
ceeded to swear what she then saw committed.] Her
daughter went into the service in May, 1848, and left
on Good Friday, 1849. In November last witness
told Mr. Clarke.

Anne Rogers—Was a neighbour of the plaintiff.
He was kind to his wife and children. Eight or nine
weeks before last Christmas, saw Mrs. Clarke and
Mr. Page in company together on some waste land
near Peck-lane. It was about seven o'clock in the

evening, and dark. Mrs. Clarke was in a sitting pos-
ture on a ditch bank. Mr. Page was standing up op-
posite to her. Witness stopped and heard kisses be-