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I need not pursue this subject much further; tion of the curtains. I am of opinion that this common sense will tell everybody who will reflect complete change is not beneficial. Two light on the subject with common sense that I am cor- side head-curtains, with a curtain at the back of rect, and that it is best for persons of every age the head and a small tester, are, I think, very to have to themselves the shelter within which good parts of a bedstead. The curtains fulfill a they pass one third of their whole lives—thirty doubly useful purpose: they shield the head and years of life, if they live to be ninety years old. I face of the sleeper from draughts, and they endwell, therefore, only on one point more in favor able the sleeper to shut out the direct light from of the single bed, and that is to enforce the lesson the window without in any way necessitating him that under the single-bed system it is rendered to shut the light out at the window itself. The impossible to place very old and very young per- room may be filled with light, and yet the sleeper sons to sleep together. To the young this is a may be shielded from the direct action of it upon positive blessing, for there is no practice more his eyes if he have the curtain as a shield. deleterious to them than to sleep with the aged. The kind of bed on which the body should The vital warmth that is so essential for their rest is a question on which there is extreme digrowth and development is robbed from them by vergence of opinion. Whenever we leave our the aged, and they are enfeebled at a time when own bed to go to sleep elsewhere, in an hotel or they are least able to bear the enfeeblement. in the house of a friend, it is almost certain that
The single bed for every sleeper determined we shall find a bed differing from that to which on, the size of the bedstead and the number of we are accustomed. We may find a bed of down bedsteads in the room, according to space, should so soft that to drop into it is like dropping into be considered. For ordinary adult persons the light dough ; we may find a soft feather bed, or bedstead need not exceed three feet six inches in a soft mattress, or a spring mattress, a moderwidth by six feet six inches in length; and in no ately hard mattress, or a mattress as hard, I had room, however well it may be ventilated, should nearly said, as the plank bed for which our prisa bedstead be placed in less than a thousand ons are now so unenviably notorious. These cubic feet of breathing-space. A bedroom for differences are determined by the taste of the two single beds should not measure less than owner of the bed, without much reference to sixteen feet long by twelve feet wide and eleven principle, or to the likings of any one else in the feet high. There are some sanitarians who would world; not a very good or satisfactory state of not be satisfied with those dimensions for a room things. There ought to be some principle for to be occupied by two persons, and I frankly ad- guidance in a trial so solemn as that which setmit the dimensions are close to the minimum, tles the mode in which our bodies shall rest for a though with good ventilation they may, I think, third of our mortal existence. suffice. With bad ventilation they are confess- I fear it is hard to fix on definite principles, edly out of court, and I name them merely for but there is one principle, at any rate, which may the sake of meeting the necessities of the limited be relied on, and which, when it is understood, bedroom space that pertains to the houses of goes a long way toward solving the question of great cities. In my own mind I do not consider the best kind of bed for all sleepers. The printwice the amount of space named at all too ciple is, that the bed, whatever it be made of, much, even with the ventilation as free as I have should be so flexible, if I may use the term, that suggested in previous chapters of this essay. all parts of the body may rest upon it equally. It
There can be no mistake that the bedstead ought to adapt itself to the outline of the body in should be constructed of metal, of iron or brass, whatever position the body may be placed. The or a combination of those metals. Wooden bed- very hard mattress which yields nothing, and steads are altogether out of date in healthy which makes the body rest on two or three points houses. They are not cleanly, they harbor the of corporeal surface, is at once excluded from use unclean, and they are not cleansable like a metal by this principle, and I know of no imposition framework. The framework of the bed should that ought to be excluded more rigorously. On the be so constructed that the bed or mattress is other hand, the bed that is so soft that the body raised two feet from the floor of the room, and is enveloped in it, though it may be very luxurithe whole framework should be steady and so ous, is too oppressive, hot, and enfeebling; it well knit together that the movements of the keeps up a regular fever which can not fail to exsleeper should cause neither creaking nor vibra- haust both physical and mental energies, and at tion.
the same time it really does not adapt itself perA good deal of controversy has been raised fectly to the outline of the body. on the matter of curtains for beds. From the The best kind of bed, taking everything into old system of curtains all round the bed, like a consideration, is one of two kinds. A fairly soft tent, there has been a reaction to an entire aboli- feather bed laid upon a soft horsehair mattress, or a thin mattress laid upon one of the elastic much clothing that the body becomes excessively steel-spring beds which have lately been so in- heated, feverishly heated. This condition gives geniously constructed of small connected springs rise to exhaustion, to disturbing dreams, to headthat yield in a wave-like manner to every motion. ache, to dyspepsia, and to constipation. It is so It is against my inclination to try to write out injurious that it is better to learn to sleep with the time-honored old feather bed and mattress, even too little than with too much clothing over but I am forced to state that the new steel-spring the body. This, specially, is true for the young bed is, of necessity, the bed of the future. It and the vigorous. It is less true for the old, but fulfills every intention of flexibility; it is durable; in them it holds good in a modified degree. it goes with the bedstead, as an actual part of it, The position of the bed in the bedroom is of and it can never be a nest or receptacle of con- moment. The foot of the bed to the fireplace is tagion or impurity.
the best arrangement when it can be carried out. On the subject of bedclothes, the points that The bed should be away from the door, so that have most to be enforced are that heavy bed- the door does not open upon it, and it should clothing is always a mistake, and that weight in never, if it can be helped, be between the door no true sense means warmth. The light down and the fire. If the head of the bed can be quilts or coverlets which are now coming into placed to the east, so that the body lies in the general use are the greatest improvements that line of the earth's motion, I think it is in the best have been made, in our time, in regard to bed. position for the sleeper. clothes. One of these quilts takes well the place The furniture of the bedroom, other than the of two blankets, and they cause much less fatigue bed, should be of the simplest kind. The chairs from weight than layer upon layer of blanket should be uncovered, and free from stuffing of covering
woolen or other material; the wardrobe should As to the actual quantity of clothes which have closely fitting doors; the utensils should should be on the sleeper, I can lay down no rule have closely fitting covers; and everything that of numbers or quantities, because different peo- can in any way gather dust should be carefully ple require such different amounts. I can, never- excluded. theless, offer one very good practice which every In a word, the bedroom, the room for the person can learn to apply. It should be the rule third of this mortal life, and that third the most to learn so to adapt the clothing that the body is helpless, should be a sanctuary of cleanliness never cold and never hot while under the clothes. and order, in which no injurious exhalation can The first rule is usually followed, and need not remain for a moment, and no trace of uncleanlibe dwelt on; the last is too commonly broken. ness offend a single sense. It is a practice too easily acquired to sleep under so
B. W. RICHARDSON, M. D. (Good Words). (To be continued.)
SECOND SERIES OF SELECTIONS.*
Senior. Wisely for the purpose of keeping SAGACITY OF JURIES.
power in the hands of the people ?
Erle. Wisely for all purposes. SEPTEMBER ist (1861). I will throw together my conversations of the last two days
Senior. Including the discovery of truth? with Sir W. Erle.t
Erle. Including the discovery of truth. I beI mentioned that in all the Swiss constitutions lieve that a jury is in general far more likely to trial by jury in criminal matters was required.
come to a right decision than a judge. Erle. And very wisely.
Senior. That seems to me strange. The
judge has everything in his favor-intelligence, * See “ Appletons' Journal” for May.
education, experience, and responsibility. + Sir William Erle was appointed, in 1844, one of the Erle. With respect to intelligence, a judge is Judges of the Court of Common Pleas; in 1846 he was certainly superior to an ordinary juryman; but transferred to the Court of Queen's Bench ; in 1859 he among the twelve there will generally be found was promoted to the Chief Justiceship of the Court of Common Pleas, on the elevation of Lord Campbell to
one, often two men, of considerable intelligence, the Woolsack. He retired into private life, taking his and they lead the rest. As to education, the jury farewell of the Bench on November 26, 1866.-ED. have decidedly the advantage. The education of a judge, as far as relates to deciding fact, face of all his neighbors, than in that of a judge the education of a practicing barrister who is im- who is doing to-day what he has been doing permersed in the world of words, and removed from haps every day for ten years before. I have seen acting in the commercial, agricultural, and manu- dreadful carelessness in judges. Again, a judge facturing facts which form the staple of contest. is often under the influence of particular counHe is so accustomed to deny what he believes to sel; some he hates, some he likes, some he relies be true, to defend what he feels to be wrong, to on, and some he fears. It is easy for a judge to look for premises, not for conclusions, that he be impartial between plaintiff and defendant-inloses the sense of true and false—i. e., real and deed, he is almost always so; it is difficult to be unreal. Then he is essentially a London gentle- impartial between counsel and counsel. man; he knows nothing of the habits of thought, Senior. I have felt that myself, but in general or of feeling, or of action in the middle and lower the feeling of dislike was stronger than that of classes who supply our litigants, witnesses, and liking. There were men on whose side I could prisoners. And it is from barristers thus 'edu- decide only by an effort; they were so false, so cated that judges are taken.
sophistical, so anxious to dress up a cause which When tried by a jury, the prisoner is tried by was sufficiently good if merely clearly and simply his peers, or by those who are a little above his stated, that I was almost ashamed to decide for peers, who are practically accustomed to the facts them lest I should be supposed to have been adduced as probantia, and can truly appreciate deceived. But I do not recollect having had their value. I have often been astonished by the favorites. sagacity with which they enter into his feelings, Erle. Perhaps you had them without knowsuppose his motives, and from the scattered in- ing it, and attributed solely to the argument a dicia afforded by the evidence conjecture a whole force which was partly due to your good opinion series of events. For, after all, the verdict, if it of the speaker. be a conviction, must always be a conjecture. Senior. Just as a juryman, who had been in
Experience the judge certainly has. As coun- court during the whole sitting at Liverpool, consel or as judge he has taken part in many hun- gratulated Scarlett on having been always emdreds of trials. The juryman may never have ployed by the side that was in the right. What served before. But this long experience often class give you the best jurymen ? gives the judge prejudices which warp his judg- Erle. The respectable farmers and the higher ment. The counsel who are accustomed to plead shopkeepers in the country towns. The men before him find them out and practice on them. from the great cities, accustomed to excess in
I was counsel in a case of assault. My client trade speculations, are inferior to them, especially had had three ribs broken by a drunken barge- in an honest sense of duty. The worst juries that
The opposite counsel cross-examined as I have known came from such places. Their adto whether since the accident, he had not been venturous gambling trade seems to make them a field-preacher, whether he had not actually reckless. At one time they appeared to have preached from a tub. He admitted that he had. pleasure in deciding against what they supposed I did not see the drist of this, for, though a man to be my opinion, which I counteracted by seemcould not easily preach directly after his ribs had ing to give more emphasis to the reasons in favor been broken, he might when they had reunited. of the decision to which I was opposed. One of The judge summed up strongly against me, and the things which used at first to surprise me is, my client got nothing. I afterward found that the very small motive which is enough to lead men the judge had an almost insane hatred of field- to commit atrocious crimes. Smethurst's preachers. It is true that each juryman may tive, for instance, was a small one. have prejudices equally absurd, but they are neu- Senior. You hold Smethurst guilty ? tralized by his fellows, and, above all, they are Erle. Certainly I do. If the evidence against not known. They can not be turned to account him was insufficient, almost all circumstantial eviby counsel.
dence must be insufficient, for it scarcely ever is As for responsibility, a judge'being a perma- stronger. nent officer, especially a judge sitting alone, is Senior. Sir George Lewis was partly influmore responsible to public opinion than any indi- enced by the want of motive. vidual juryman, who is one of a body assembled
* Dr. Smethurst was accused of marrying Miss Bankes only once and immediately dissolved. But I be- during the lifetime of his wife. He caused her to make lieve that the feeling of moral responsibility is a will in his favor, and she died soon afterward of slow much stronger in the case of the juryman, to poison. He was convicted and sentenced to execution, whom the situation is new, whose attention is but Sir George Lewis, who was Home Secretary at that
time, did not consider the evidence sufficient, and granted excited, who for the first time in his life is called him a free pardon. Smethurst was afterward tried, conupon to exercise public important functions in the victed, and imprisoned for bigamy.-Ed.
Erle. Do you recollect the Buckinghamshire Senior. Do you believe that many
innocent groom, who murdered his fellow servant because men are tried ? she would not give him a glass of beer ?
Erle. I believe that many men are tried, and Senior. You would have convicted Vidil * of that some are convicted, who are innocent of the the attempt to murder?
crime of which they are accused. But I also beErle. I have no doubt that he did attempt to lieve that almost all those who are wrongfully murder, and I think that I should have convicted accused, and that all those who are wrongfully him.
convicted, belong to the criminal class. An honSenior. Would he have been hanged ? est man always proves an alibi, but a profes
Erle. I think not. I recollect no case of an sional thief is constantly employed in some breach execution for a mere attempt. He would have of the law. If, from a mistake of identity, the been sentenced to penal servitude for twenty-five great cause of erroneous prosecutions, he is acyears, which means twelve and a half years if the cused of some crime of which he is not guilty, prisoner conducts himself well. His present sen- he too can prove an alibi ; but that very alibi tence of one year's hard labor is severer while it would show his participation in some other crime. lasts. The men in penal servitude live apart, He prefers the risk of a false conviction to the each in his cell, and employed in trades. Great certainty of a true one. He will not defend himimportance is attached to keeping up their weight. self against the charge of having stolen A.'s As their work does not promote the develop- sheep, by showing that at that very time he was ment of muscle, their weight is retained by fat- breaking into B.'s house. tening them. I saw a set of convicts at Dart- Senior. You have pleaded the cause of juries moor. Every one of them had thrown out a bow in criminal cases. What do you say to them in window. Nothing could look more absurd than civil causes ? a line of sixty or seventy men, each adorned by Erle. Even in civil causes I prefer juries to this prominence. Its reformatory effects, how- judges. The indifference to real and unreal, and ever, will be great. They will be guilty of none so to right and wrong, which besets a barrister of the thefts which require agility.
bred in the world of words rather than of facts, Senior. I am not sure of that ; Falstaff was often follows him to the bench. Besides this, I a highwayman.
have known judges, bred in the world of legal Erle. Yes; but he admitted that he could studies, who delighted in nothing so much as in not rob a-foot, and no one can rob now on horse- a strong decision. Now, a strong decision is a back.
decision opposed to common sense and to comSenior. And how will Vidil's punishment dif- mon convenience. fer from penal servitude ?
Senior. Such, for instance, as Lord Eldon's; Erle. It will not be separate, he will be mixed that if a book be mischievous you have a right with common felons. He will probably have to to pirate it. sleep on an inclined plane fifty or sixty feet long, Erle. A great part of the law made by judges and six feet broad, running along the side of the consists of strong decisions, and as one strong room, among twenty or thirty other convicts, decision is a precedent for another a little strongthose on each side of him separated from him er, the law at last on some matters becomes such by only an imaginary line. He will have to work a nuisance that equity intervenes, or an act of with them and live with them. To a man of any Parliament must be passed to sweep the whole refinement, and he must have some, it is a hor- away. rible sentence. And think what will be his po- Senior. As was done as to the construction sition when he is released! I had much rather of wills. be hanged.
I am told that Cockburn regrets that he has
changed the bar for the bench. * The Baron de Vidil made an attack upon his son
Erle. So do not I. Both are laborious, and with a loaded whip while they were riding together in a both are anxious; but the labor of the bar to a lane near Orleans House, Twickenham. The Baron al
man in great practice is overwhelming. My leged that his son's injuries were caused by an accident on the road. In his deposition the boy said that his fa- great delight is my farm at Liphook. I can not ther had struck him twice on the head; at the police ex
explain to you the soothing influence of agriculamination, however, he refused to give any information tural occupation. As soon as I get there, I run
I tending to criminate his father. Immediately after the to look at my colts and my calves, and my other occurrence, the Baron fled to Paris, where he was appre- stock, even my pigs. I care much more about hended and tried. As the son still refused to give any my turnips, which are of no real value, than about evidence against his father, the jury could find the prisoner guilty only of unlawfully wounding. The Baron my salary. When I am going away I get up an was sentenced to twelve months' imprisonment with hard hour earlier to go round the farm once more. labor.-ED.
Senior. I have no doubt that farming is an
agreeable and interesting amusement; but is it ecessors, and, great as he is, has not equaled, or not an expensive one?
nearly equaled them. In his best works there Erle. I do not think that my farm costs me is always something wanting. In his portrait, more than two hundred pounds a year. It is the for instance, of Miss S—, an admirable picture money which I spend most profitably.
-perhaps the best that he ever painted—the
coloring is defective. It is too flat, and the figure FRENCH AND ENGLISH PAINTERS. is too thin. He is not fond of portrait-painting,
but he would be unwise if he were to give it up. September ad (1861).-Baron Marochetti * is at Évian, on the opposite side of the lake [Gene, and to keep him from deviating, in search of
It is necessary both to keep him from mannerism va). Steamers cross in half an hour, three and four times a day. He breakfasted with us this beauty, from real nature. At one time he painted
much without models, and his figures, as you may morning, bringing with him a Captain Lutyens, an amateur artist of such excellence that Maro
see on the walls of Lord Somers's house in Carlchetti has advised him to quit the army and take ton Terrace, lost reality and individuality. But, to painting as a profession; and I think that he with all his faults, he is really a great painter will do so.
We talked of the present French the greatest that you have had since Gainsborschool. Marochetti surprised me by not admit
ough and Sir Joshua. ting Delaroche or Scheffer to be a great painter.
Senior. Do you not rank Callcott and StanMarochetti. They were both of them men
of great talent and industry, and, having taken to
Marochetti. Calcott is a pretty painter of painting, they succeeded; but they would have still-life, but he is feeble. He will scarcely live. done anything else as well, and many things
Stanfield belongs to the French school of landbetter. They had that which can be attained by scape-painters, and there are several that are sulabor—such as accuracy of outline, proportion,
perior to him-Gudin, for instance.
Senior. What do you say of Martin ? perspective; and they had what is given by intelligence. Each of them conceives well, and ruined by mannerism, and by neglect of the de
Marochetii. That he is a man of genius, represents well his story. Scheffer's “ Mignon” tells her whole history. But the power of color- tails of his art. He never took the pains necesing is not to be got by labor or by imitation. It is sary to know how to paint the human figure. a gift from Nature to those whom she intends to He is a great master of perspective. He is a be painters, and neither Delaroche nor Scheffer great architect of the Egyptian school. His had it.
imagination revels in miles of colonnades, and Senior. Whom do you put at the head of the sphinxes, and colossi. The boldness, the origiFrench school ?
nality, the vastness, and the real merit of his Marochetti. Delacroix, and perhaps Ingres
“Belshazzar's Feast" delighted and almost awed
the spectators. and Meissonier.
But, when it was found that Senior. And whom at the head of the Eng- every Martin resembled every other Martin, and lish?
resembled nothing else, they ceased to interest. Marochetti. Landseer and Watts. Landseer
They came to be considered as tricks, as is the I put first, because, though his line is not the usual result of mannerism when pushed, as Mar
tin's was, to its utmost extent. highest, he has attained the highest rank in it, and because he owes so little to others. If Watts LAMARTINE ON PUBLIC SPEAKING. had not seen the great Italian painters, he would
Lamartine. I have addressed different audinot have been what he is. If neither Rubens, nor Paul Potter, nor Schnyders had lived, Land- ences, but the only one worth talking to c'est la seer would probably have painted as well as he foule (the multitude). In an assembly your does. Landseer borrows 'nothing from them, friends, or rather your party, treat the debate as indeed has no motive to borrow from them, for a game, yourself as a piece, or as a pawn, and they have nothing so good as what is his own.
your speech as a move; your adversaries think Watts has taken much from his great pred- only as a thing to be refuted. The rest, the im
of you only as an enemy, and of your speech * Baron Charles Marochetti, the well-known sculptor, partial part of the audience, go to the debate as was born in 1805, at Turin, of naturalized French par- they go to an opera, consider your speech as a ents. He studied and resided in France until the Revo- work of art offered to them as a subject for critilution of 1848, when he came over to England and ob- cism, and praise you or blame you as they have tained great success. The statue of Richard Cour de been bored or amused. No one changes his Lion, in front of the Houses of Parliament, is by him, as well as the altar-piece in the Church of La Madeleine opinion; no one is convinced; no one is even in Paris. His chef-d'æuvre is the statue of Emmanuel moved. The best speech does not alter a vote. Philibert at Turin. He died in December, 1867.-ED. It merely renders the vote, which every hearer