The Sun. — London, England, 1824-08-06 00:00:00

ASSIZE INTELLIGENCE. CAMBRIDGE, WE istitspaY, l 'Atm. 4. CIVIL ihmt.—Belbre the LORD Cutlr BARON'. TIDO EU(O v. CUARLES CDEERIC, ESQ. This was an indictment against the defendant, for obstruct ing a Clergyman in the performance of his duty. There wire also counts for a common assault, upon the 'wish clerk of Pap worth-Evered, and two other individuals. Before the OM commenced, Mr. ST ours and Mr.Coorr ha, who were the the defendant. proposed a compromise ; but the Counsel for the plaintiff declared the thing to be impossible —the aggravation and insult of which the prosecutor com plained having been carried on, in fact, even up to the present Moment. Mr. Rosorsole stated to the Jury that the prosecutor, .Jr. Gail,bad lately been Curate of' Papworth-Evered, and now held a living presented to him by ll'lsgdalen College. Mr. Cheere, the defendant, WM a man of' considerable influence and fortune ; a Member of Parliament for Cambridge; a Magis nate for the County ; and though last, not least important to the question before the Court, Churchwarden of Papworth- Evered. The circumstances were something singular which had given rise to the present difference between Mr. Cheere and the prosecutor; but throughout the preliminaries to that trans action, as well as thmugh the transaction itself, the former eiould be found to have acted in the spirit of a man and of a Christian. If he had now, at the eleventh hour, refused to ac cept that amcnde from the defendant which would fully have setisfled him if offered at an earlier moment, it was because he felt that a public tribunal was now the proper power to which he should appeal. He felt, and wished to act, in a manner be coming the character of a Clergyman ; but he did not think that his function required him to wave the common feelings of a Gentlemen. The Learned Counsel then proceeded to detail the circumstances (afterwards given in evidence) which had led to the violence of which his client complained. In December last, it seemed that there had died, in the parish of Papworth- Evered, a pour infirm old man of the name of Dawes, who fur a long time had been in the employ of the defendant. In the manner of Dawes's death there had been some peculiarities; he lived eone in an hovel in a state of great destitution, and was found dead on the floor of his but, with his clothes on—eircurnsuinces which, in the view of Mr. Cecil, anti several other persons in the parish, made a Coroner's Inquest prudent upon his body.— It might be sufficient to say at present, that this man Ilia died on the 16th of December, and that he was to have been buried on the 18th; but that a protest (55 to the necessity of an Inquest) had delayed the funeral to Christmas -day. , the 26th. On that day, however, no Inquest having, taken place but a communication having passed between Mr. Cecil , anti his superior the Rimini)) of Ely, Mr. Cecil had been in the act of reading the burial service over the body of this old roan, when he had suffered thar interruption from the de. fendant for which the latter was now called upon to an. swer. The Jury would hear (anti with astonishment) that while Mr. Cecil was reading the liurial service, Mr. astonishment), bad attacked him in a most profane and indecent partxly upon the scriptural words ; followed him into his church. in. inked him there, and ordered his congregation to quit the edifice. In the end, the defendant had concluded by locking the church up, with the unburied body in it, where that body bad remained until after the ensuing Sunday, anti indeed until the building was in a state scarce fit to he mentioned. Ile had farther ordered the parish-clerk to carry away the sacramental bread and wine; sent to the prosecutor requiring him to sur render his surplice • and told him, when he locked up the church-door , and slim him out, that he (Mr. Cecil) should never enter that church again. Mr. Robinson sat down by stating that this outrageous conduct on the part of Mr. Cheere was an offence at the common law, and also an offence under a particular statute—the statute or the Ist of Queen Mary.— That Statute had made it penal to interrupt an archbishop or bishop in reciting the mass, or in any other branch of the church service; and Mr. Sergeant Hawkina, in his likes of the Crown, held that the disturbing any Minister of the Establish ed Church in the reading of the Common Prayer came within it. The Rev. William Cecil (the prosecutor) said—ln Decem ber last I was the curate of Papworth-Evered ; Mr Cheere acts is a Magistrate for the county of Cambridge, and resides at Papworth-Evered. "%Viten I first took the cure, he told me that he was " perpetual church-warden." There was a man in the parish named Joint Dawes, when I came to it; be lived In a small house, which I understood was the only house built by the parish for the poor. Dawes was between 80 and 90 years of age when I first saw him, and in a state of extreme wretchedness. When I met him in the street his clothes were in such a state that I was obliged to torn aside for decency's sake. I believe that he had nothing which could be called bed, but lay, of nights, burying_his limbs in the ashes to keep iiirn warm. in consequence of Dawsis's situation. I gave notice to the overseer of the parish, but nothing was done fur him.— After a time, I bought him some shirts and a bed myself. I had seen him a short time before he died t but heard the cir cumstances of his death only from my parishioners t he died on the 16th December. and in consequence of what I heatd, I sent it notice to Mr. 11111, the overseer, signed by myself and most of the parish, desiring to have a Coroner's inqueet. On the liith of December (two days after this) I received lattice of hi s funeral. I had notice to bury Wm on that day at two o'clock. No inquest hail then been held; but I attended to limy, in con sequence of the notice. The corpse was brought up into the churchyard; but then a parishioner came forward, and pm. toted against burying without an inquest, saying that the man had been as good as murdered, and ought not to be put into the ground without inquiry; the name of this parishioner was Cragill ; he had formerly been constable and overseer. In consequence of what he said, the funeral did not go on ; he and I afterwards saw Mr. Ingle, the coroner; and :fir. Ingle sent over his deputy (Mr, Humphrleto ; but still no inquest was proceeded in.. In consequence of all this, I made a communi cation to the Lord Bishop of Ely, and so matters remained. On the 25th of December following, which was Christmas-day. I attended at the church to perform divine service. There was a very small congregation present—not more than nine or ten 'lemons, instead of 40 or 50. Just as I had gone through the service, and before the sacrament had been administered, I heard the bell toll, as for a funeral. I had given no orders fur its tolling; but I put on my surplice, and took the book, and went out in the usual way to meet the corpse. When I went out, 1 saw the coffin of Dawes coming up the church-yard in peocession. Mr. Cheers and Hill were at the head of it, and he greater part of the parish followed behind. I then began the herbal-service in the usual way, reading, " I am the resnr mtion and the life, eaith the Lord; he who believed) in me, though ho be dead, yet shall he live ;" but Mr. Cheere inter rupted rue, calling out loudly, " He who believes in you ? do fiat believe in you; it i=t too late; it is of no use," I went on readingi but Mr. Cheere interrupted me again, whets I came to " I know that my Redeemer lived)," crying, " We do not know you ;" and he went on, " There is an inhuman creature—.for I cannot call him a man—that creature would not bury a poor man, only because he was poor; he would bury me for a good silk scarf." By this time the coffin was carried into the church ; and Mt. Oheere urged the people to go in along with it. When they were in, he asked Warty thing had !teen withered at the communion -table, and the clerk said, No." Ile asked for the key of the church, and the,clerk gave it to him t he then told the bearers to put down the corpse. They hesitated at first, and I produced a le t te r which I h a d re ceived from his Lordship the Bishop of Ely that morning, and offered it them to read, saying that I had authority to bury the comic. Defendant then said, ", Yes. Sir; but that let. ter was written in consequence of a false and scandalous letter w hi c h you wrote to the Bishop t I also have a letter from the Bishop." The bearers then put down the corpse got before the pet:tide, telling in the church, and Mr. Cheers them all to go out , with grea t vo ciferation , and holding up his arms to drive them, as though they had been a Hoek of sheep. The people went out; and he then called the clerk, and ordered him to take the communion bread and wine, and carry it to Widow Gattimon'o. The clerk's name is (;res. well. I offered to let him read the letter I had f rom t h e Bishop ; hut he told me that Mr. Chem said he was his servant, and the servant of the parish. I answered, that in the church &moldered him my servant, and ordered him to go to his hmtdohis duty. Mr. Cheere, however, order e d Creswell mod the church, and lie went out with the rest of the people. Was then left in the church with only my maid-servant, Ann Siring. -Mr. Cheere desired her to go out with the rest, but I matte signs for. her to stay. She told him she stayed by her inester's order. He asked " who was her master 2" and she said was. Mr. Cheere then went out of the church, and Ann Say. init *hid she thought. that he had locked us in. I went through the rest of the buriaLlnvice, which had not been comp leted, sae being presew IV.: then went to the church door, where yew Mr. Mate, Ile naked my maid if my hat and cane were 4 '' llol -nut t she said " Yet;" anti ha then said to me " Now. ill You never enter this Church again :" and he added, " see the betty buried myself, anti by a proper Clergyman." icy llo into then Inch.4 imp ot the e church-d aor i church-loos, went away, putting the This happened on Chritunits-day. Tltc elide, Creswell, .idiervards came to iris (from the defendant) incur et " t r e r e Pl. t i t e ir e ' ch. T VA , bey ' remained about nine days locked up ;11 ,, re upon the sundny arge i nted me from perform lug service ilieustoi time. found the church locked by a gentleman of' the Cite body l: believe, buried one er n o t ss th -e o xlt i t i l e in i ed h . e I have ahving, and h a d been Curate about t y h ear e s en e whenupottods,mterai7,,eatTinonold thin Y tot o ;kit iced The funeral, on car received any notice as to it. Ctagill, ihini vest a n y order water when he protested against the burial an, tile' I w o 4 ll hint es whet mar} aa most of the parishioner e. ofw th aitnrk. Holdoworthy ; he is a Clergyman, anti I hear that he called on me once with Mr. Cheere. I was in my study, I think, when Mr. Checre came, but I did not know who was with him. I think this was after the 25th; I did not know but that Mr. Cheere was alone, and I did not choose to see him. I received a letter from Mr;Cheere, after the With of December, request ing me to bury Dawes's body. Mr. Cheere and I had not been on good terms for some time when this transaction happened 1 I have since quitted the parish. I never said that the inquest on Dawes was unnecessary. I finished reading the burial ser vice over his coffin while my maid and I were alone in the church. I did say that I never would read the service again, unless Mr. Cheere signed an apology (which I wrote) for his conduct. I remember telling Creswell the clerk, that he was responsible for getting the body put into the grave • that he must get somebody to assist him, or do It as he could ; but I do not remember to have said that he must pitch it, or push it edgeways ; or drag it in, if he liked ; or that so he did get it into the grave, it did not matter to me how." Anne Saving (the servant.maid) corroborated Mr. Cecil's evidence upon all material points. On her cross. examination she said that she had been exa mined by the prosecutor, an d her evidence taken down. Mr. Cecil was then called back, and asked whether he had not himself written the protest which Cragill presented on the 10th of December. lie said that he had ; but he had written it at Cragill's request, and under his dictation. John Creswell, the cleric, corroborated the prosecutor's testi mony as to what had passed on Christmas-day. lie thought that Cragill had been " fresh in liquor" when he made the protest on the 18th. The prosecutor had told him that he must get the coffin into the grave some how—that lie might pitch it in by the end ; that he could do it himself in half an hour. He (witness) had known Dawes for 30 years before his death. The house in which he died was the town poorhouse. Dawes had been employed by Mr. Cheere up to the time of his death ; his allowance was five shillings a-week,,which he (witness) had re gularly paid him. Fifteen shillings had been owing to him when he died. Charter Haines, it labourer, said that he had gone up with 1 the procession after Dawes's body on the 25th of December. He had heard Mr. Cheere say to Mr. Cecil—" There goes that ignorant fool, to preach to an empty grave." Mc. &routes contended that this indictment had been brought forward by the prosecutor rather to gratify his own vin dictive feelings than for any purpose of public justice. If it was not so, why had Mr. Cecil demanded to have a written apology signed by Mr. Cheere, as the only terms upon which he would listen to any thing In the shape of amends or concilia tion. The-fact was, that on the 25th of Dec., there had never been any intention by Mr. Cheere that the body of Dawes should be buried ; he had merely meant to deposit it in the church for security, until some other clergyman should be found to officiate in the prosecutor's place. For the statements about the wretched condition, &c., of Dawes, the evidence, even fb r the prosecutien,-proved them to be wholly unfounded. It w as sworn by Creswell, that this man received an allowance of five shilling* per week; and that the defendant (who was charged with - neglecting him) libel been his only benefacto r . F or d ie offence of Mr. Cheere, such as it was, it would be an offence at the common law ; but it was surely too much to talk at this time of day of a statute passed in the very worst period of English history, to support the tettering fabric of Catholic su perstition. The Jury would look at the intentions of the de fendant, and at the feelings under which both the parties had acted. Mr. Cheere wait'the last man, wh9, from education, habits, or opinions, would be likely to do any thing in viola tion of the religious institutions of his country . ; and he (the Learned Counsel) should sit down, notw i t h s t a nding the hasty expressions which his client had been betrayed into using, in the fullest confidante of his receiving an aeqUittal. The LORD Cute~ Banos; said, that the charge in the pre. sent indictment was •two-fold—first, for the defendant's having interrupted the church service; and next, for an assault made upon particular individuals. The count relating to the assault might he dismissed, for there was no evidence upon it ; but that as to the interruption of the service, stood in a very dif ferent situation. A great deal of statement on both sides, and ' some evidence, had been gone into, which was foreign to the case. The question was not as to the condition of the man Dawes before his death; or as to the protest against his burial on the 10th of December; or as to whether the prosecutor had done right or wrong in abstaining from burying him on that day ; the question was, shortly and simply, had or had not the prosecutor been interrupted in his duty, by the .defendant on the 25th of December? Now, unless the Jury discredited all the witnesses hi the case, if what Mr. Clime had done did not amount to an interruption, he (the Chief lieron) thought it would be difficult to conceive what did. • At present, the only business was to-find a verdict of guilty moot guilty : the pu nishment of the defendant (it' any was to be inflicted) would be apportioned by the Court above. It bad been suggested, that 51r. Cheers" had not meant the body to he buried when he took it up to the ,church on tint 25th of December, but merely to tie. molt it there in safety until he could get some other eivrgyroan not lilt. Cecil) to perform the service t II he had done this, he ' 1 ad (even merely in so doing) done that which he had no right whatever to do. in going forth to perform the service when he heard the bell toll, Alr. Cecil, the prosecutor, had done no more than he was justified in doing—no more than his duty ; and that he had been disturbed in the execution of that duty (If the witnesses were to be credited) it was almost impo ss ibr o to doubt. The Jury, without hesitation, found the defendant (on the count applying to the interruption) Guilty. WORCESTER, IV's:Din:arm; Atm. 4. Defure lb. Justice LITTTXDALt and a Special Jury. S LAN DER—EM ETIC. PIENPOINT versus SHAPLAND. • This action, by a surgeon and physician In Worcester, against a lady of the same city for slander, excited a degree of expecta tion, almost without parallel in this city. Long before the hour appointed for the sitting of the Court, all the places in the body of the hall were occupied by a most respectable audience, a large proportion Of whom elegantly dressed females. Even the ledges on the outside of one of the windows were occupied , by persona cwr to obtain a mere sight of the proceedings; and their posmon excited much laughter. At line o'clock, Mr. Justice Littledale entered the Court, and was with great diffi culty Indicted to his meet. At the same moment, the doors of the gallery were opened and it was filled at the first rush.— Another came was e,a114 on, but ultimately it was arranged that the case which hail drawn the auditory together should be taken in order to accommodate the medical witnesses. s even special juror' answered to their names, and a tales was prayed on the part of the plaintiff. The jury being sworn, Alr. R YAN stStea the substance of the pleadings. The de claration stated, that the plaintiff was a physician and surgeon, and had in these charecters attended one Mary Isaac with at tention and skill ; but that the defendant spoke certain words imputing to him hamper conduct towards the patient, (espe cially in reepect of the administration of an emetic,) with a view to injure him in his profession. To this the defendant pleaded the general issue, and also several pleas justifying the slander as true, and asserting that the plaintiff tio unskilfully admini. stered an emetic to Mary Isaac, as to endanger her life. Mr. JERVIS opened the case for the plaintiff, whom he de ' scribed as a medical,gentleman of high character, who for some years had practised as a physician and surgeon at Worcester. The defendant was a lady of rank and fortune residing in the College-teen, of this city. M r . Pi erpo i nt h a d b een compe ll e d to bring this action for the purpose of vindicating his professional character from afoul and groundless calumny cast on it by the defendant. In bringing forward this case, he did not seek for large damages, on their ow n account , b ut as t h e on l y comp l ete vindication which he could receive, after the means which had been taken to deprive him of his good fame, and of his means of supporting a family. H e was married, his family was in creasin, and he therefore f e lt most k een l y t h e va l ue o f t h at reputation which he hid honourably earned, and which pro. misted to affiird the means of comfortable support to himself and his children. On the 23d of March, in last year, he was requested to attend it lady named Isaac, the widow of one of the partners in the Worcest er b an k, and sister of Miss Shalt land. She had previously been attended by Dr. Woodgate, physician of great eminence at Worcester, who had recently died, and she was now recommended to avail herself of the ta lents of Mr. Pierpoint, - who hid attained a very considerable share of practice. Ile attended her for five days, and pre scribed for tier from time to time in papers which were now in court. On the 28th Mrs. Isaac felt so much recovered that she set out on a visit to Sir Anthony Lechmcre, at a distance of eight miles from her home. While with him, she was not, perhaps, so attentive to regimen as she might have been in her own house; and, upon her return, she was again unwell.— Mr. Pierpoint again visited her, and thought it necessary to administer an emetic. This medicine was taken on the 10th of April, and aflbrded so much relief, that the patient declared on the following day she " felt in Heaven." On the 15th April Mrs. Isaac !left her home on a visit to her friend, Mrs. Welch, at Hawford, and there continually enjoyed the benefit of air and exercise. Having received a visit from a lady in the neighbourhood, Mrs. Herdlucas, she walked to her house to return the call, and became ill from excessive exertion. She came back very ill from Worcester, and her sister, Mrs. Slm land, having returned from a visit in Herefordshire, prevailed on her to call in Dr. Malden, and to discontinue the services of the plaintiff: Of this he didnot complain —no man in a pro. lessum had'a right to complain of such a charge—but be natu rally sought to obtain en explanation of this circumatance, and to exonerate himaeltfrom blame. About Aley 12, Mrs. Clii. ton, a lady of high respectability, went to the house of Mrs. Isaac, with whom she was intimate, to inquire utter her health, and there saw Miss Shapland. Ott this occasion the defendant thought proper to assail the character of the plaintiff, stating that he was, a fool, and lien!) , occasioned the death of his patient. 4 few days afterwards Mrs. Clifton received x meow from : Mrs. Isaac requesting her to call at her house; Mrs. Clifton went, and there saw both Mrs. Isaac and Miss Shapland. After an interview with the former, the purport of which would not be evidence in the cause, she conversed with the defendant, who abused the plaintiff for his conduct in administering the emetic, and spoke of him " as a fool, not fit to be trusted." :At length Mr. Pierpoint heard that Miss Shapland had been aspersing his character, and called on Mrs. Clifton, with whom he was intimate, to know if she had heard any thing asserted to his prejudice, and which it might be neces sary for him to refute or explain. Mrs. Clifton did not repeat all that she had heard, but merely told him she believed bliss -Shapland thought time emetic a rash expedient. As he found the slander spreading, he requested Mrs. Clifton to wait on Miss Shapland, and inquire the ground on which she thought tit to call his conduct in question. The lady, however, treated the matter very lightly, saying that Mr. Pierpoint migh ti pocket the affront, and repeating the accusations she had already made. All and explanation bein g; refused, Mr. Pierpoint had noute a polo gy ansof redress left but by bringing the case before a Jury, and affording to the defendant an opportunity of proving the truth of her assertions. Being informed, however, that Mrs. Isaacs was on the point of death, and conscious that she must have enough of trouble, he forbore at that time even to vindi cate himself by commencing the action and hence arose the delay to which he felt it his duty to submit. Miss Shapland had not only refused to retract the charge, but had placed it on the record, and had asserted, in time most solemn manner, that i t was true. To prove that charge he now challenged her; and on that failure, which he confidently anticipated, asked of the Jury such damages as would prove his character to be without stain, and would secure to him the fair exercise of that honourable profession in which he had embarked all his hopes. John Cruickshank, Esti: Secretary to the Marischal College, Aberdeen, produced the Aliploma granted by that University to the plaintiff in 1822. 11,6 diploma, in Scotch Latin, was then partly read, amidst the laughter of the Court. Mr. RussEr.a., for the defendant, waved the further reading of the document, observing that the Court was not likely to ob tain much information from it. Mr. RYAN said, it wax higncd by some of the first men in Scotland. _ Cruickshank, in answer to'a question by Mr. RUSSELL, Said, the cost of the diploma was altogether about 261. The stamp was I IL ; and the rest consisted of fees. It was thert.proved that Dr. Pierpoint, in 1011, was admitted a member of the College of Surgeons. • After a considerable delay, arising from the difficulty of in troducing the witness through the crowd, Mrs. Elizabeth Frances Clifton, a lady very elegantly attired, watt called and examined by Mr. Jrntins.—She said, I am the wife of Mr. Henry Clifton, Registrar of this diocess. I was intimate with the late Mrs. Isaac, who lived on the College-green with her sister, Miss Shapland. Soon after her return from Ilawford, about the lath of May, I called to inquire after her health, and met Miss Shapland. I told her I came to inquire after her sister, who, I was sorry. to hear, was ill. She said, "It is very well you found her alive, for your friend Mr. Pierpoint has nearly been the death of her. I never was so angry as when I found he had been called in, during my absence from home." Mrs. Isaac was then too ill to scenic. In about a couple of days Miss Shapland sent me a message that Mrs. Isaac wished to see Me ; and I went to her house.. I saw her, and had a conversation with her about Dr. Pierpoint, which lasted a quarter of an hour. On leaving Mrs. ISAAC'S room, I met Miss Shapland, who said, " Has my sister mentioned the Pierpoint business ?" I replied, " She has." She said, " Did you ever hear of such a thing as his giving her the emetic ! a great fool and idiot as he was! Ile is sot tit to be trusted. Every thing he did for her was as bad as it was possible; and it was only a mercy that she did not die on the spot after taking the emetic; as nothing was so likely to be her death front the bursting of a blood-vessel, in the state of her body." I said, " I understood she had been relieved by IL" She replied, " Yes, she has luckily, hut it 'was all luck." I asked "If the doctor had said so ?" meaning Dr. Malden, who then attended Ms's. Isaac. She said, "No ; he does not say so, but we all know it is so; all her friends think so too; she was dying by inches under Alr. Pielpoint's management." I said, " 1 - was astonished, for I always heard his skill was attested by medical men of great eminence.'— She replied, " I have heard so too; but he has proved him. self the reverse; for there never was so ignorant a fool who attempted to practise. He scarcely knows his right hand from his left ; he cannot explain a single symptom, and knows no more about her disorder than you do. I will take good care that he never enters the house of any friend of mine, if I can help it. I hope my brother may not meet for he is so enraged against bun, I can't answer •forthe consequences."— This was the whole coversation, in the proper order—the order in which it took place. My husband and I are intimate with Dr. Pierpoint, who had learnt that I had been sent for to the house of Mrs. Isaac, and he called upon us in consequence the next day. I afterwards communicated what passed to Miss Shapland. I told her Mr. Pierpoint had been with Inc, mak inginquiries on the subject of his dismissal from Mrs. Isaac. Ile hail asked me, us a very intimate friend, whether had heard any dissatisfaction at his conduct, and whether there was any thing particular which they complained of. I men tioned to her that he expressed himself exceedingly hurt at the manner in which Ice had been dismissed his livelihood ,depended on his medical reputation, and therefore he was anxious to exonerate hints& from any blame which might attach to him. I said h e h a d spo k en o f t h e delicate situation consequencei dde d that of n y also acquaintance in r ta l told nc e t ohehrinili: andi ad that said that h w a t a he r e e i r connexionsde s irable h eh $: 1 7 1 w pia ee d with a be esteemed, not only by his friends, but by the public. d i ob n fo e e l : u a l l i , t c c a e h t : t s ii n i i ci t e is u p. l7 o t a i s it uation, n, placed,in ant the emetic. U pon th i s, Alias Shapland said, mentioned to Miss Shapland th at I h ad not communicated to Mr. Pierpont the offensive ex p ress i ons, Inn merely that they found hol f:a l u A l i t r w . iltpierpoint In the greatest contempt," and repeated all u b t j h ec e t e i x t, l i t i r l e e ss n o io n n s s ed h a e g u a te before, ld youn ay and e added,report " hat I y f oueviieireats h ee. Fool and idiot us he is, I cure not what he knows. All his friends are of my opinion ; and as f or Ai r. I saac, of Boughton, he says he is nothing less than a downright fool." My hus band and I shortly after dined with Mr. Isaac, of Boughton; but Ansa Shapland was not there. After this, 1 saw Miss Shapland again, and she then mentioned having heard some. I thing from Mr. Plerpoint, who . had endeavoured to frighten • her by talking of an action. She asked me if I ever heard of su ch a thin g. , I replied that I knew he was exceedingly hurt; • she said, if he is affronted, why does not he pocket it, and no one would have known any thing about it." Dr. Pierpoint now attends in tny husband's family. Crons-examin e d by Mr. RUSSEI.L.—I have lived for nine yearn at Worcester, and have been very intimate with Mrs. 'lsaac. Miss Shapland has constantly resided with her. To a degree I was intimate with her; you may say very intimate. Airs. Inane was attended by Dr. Woodgate, who died in Fe bruary. 'rite plaintiff is usually called Mr., not Dr., Pier- • Mr. hinvis.—We have had notice to produce the brass plate on his floor.—(A laugh.) The witness proceeded.—lle had a plate on his door, " Mr. Pierpoint, surgeon," till Ma last. It is not there now. I did not advise its removal. 'rite plate is now " Mr. Plerpoint" only. 1 made a written memorandum of the slander, at first by my own suggestion, and at last by•Alr. Pierpoint's desire.— The conversations were all comtnitted to writing in the course of a fortnight. I made my notes at home—not in Mr. Pier. 'point's presence. I aid not advise the plaintiff to bring the action. It has been explained in my own evidence, that I have not desired the action to be brought. lam speaking from my own memorandum when I say t h at I h ave not read Mr. Jervii's brief, nor any part of y it, nor h ave I h ear d i t rea d. Th e decla ration only was shewn to me . B "my evid ence, " I meant the explanation width Isere when I hoped that the matter would have terminated differently, and which I thought wax before Mr. Jervis. I have known Air. Plerpoint six or seven years, and in the last nine or ten months have employed him as a medical man . Befor e t h at t i me I have occasionally asked his opinion, because we were intimate. When toy son Charles had a bail fin ger, M I alined Mr. Pi erpo i nt ' s op i n i on ,. b u t I have no right to judge of t Pierpoint on , that (Vtgation, After this with I went 1 tie ./.i d and all my family to Birmingham, on a visit. The case turned out to be very serious—an eminent p h ysician at Birmingham effected a cure. At my first inter view I mentioned tip, c i rcumstance to Mi ss Sh a pl an d. A t t h e time of these eonvereations, isa Shapland was uneasy about her sister, whom shithought'in danger, but I did not observe that her spirits were etrlicularly low . • Mrs. Isaac died on the 6th of June. 1 heard from Air. Pierpoint that the letter produced was written at thii time; he regretted that such a lette r s h ou ld be written, but hit must have it done. I heard him regret that the letter should be sent at that time ; he could,not b e aware of' the situation i n w hi ch Mra. Isaac was. Ido not understAnd that Mr. Pierpoint received any formal dismissal. Re-exatnineiLhlr. Pierpoint only attended my child once when and I was then going to Birmingham. Mr. James iluiston—l practice as an apothecary at Wor. cester. Mr. Pierpoint has practised here for seven, or ei g h t years. He h.all been In the habit of prescribing as a phy s i cian have Inane up his prescriptions. Cvois-olgaminad by Mr. Pim ps—l believe he has rac. tised as a physician from the first. I think four years. Phy sicians' prescriptions are not always signed. Ido n o t k now whether .Mr... ...Pierpoint's were signed. I le has long b e en sur . goon to tne infirmary at Worcester. ite-exaulincti—ln Worcester it Is usual fur the same persons to practise as physicians and surgeons. The prescriptions I have made up were all in medic,al canes. Mr. Howell—l am an attorney at Ilroolusgrove. I havu been 'mended by the plaintiff for several years. lie prescribed for me as a physician. I was particularly satisfied with his at e ntion and akin. __ Mr. Jolla Hyde—Mr. Pierpoint attended me last year with' a rheumatic fever, and prescribed for me. Cross-examined—l am not quite well yet.—(A laugh.) Re-examined—l am quite satisfied with Mr. Pierpoint's at tention and skill. The fever has left me, and the weakness only remains. Air. Edward Morris—i practise as an apothecary in this city. Prescriptions written by Mr. Pierpoint have been made up in my house. Cross-examined—lf I knew a patient was afflicted with a large tumour in the stomach, I should not prescribe an emetic. Re-examined—The symptoms at the time, of course, would regulate my judgment on the question. - Mr. Elias Isaac, partner in the Worcester Old Bank, said Mrs. Isaac deceased was the widow of my uncle. I knew that she was attended by Mr. Pierpoint. I did not use the expres sions alluded to in the evidence of Mrs. Clifton. Cross-examined—There was much attachment between Mrs. Isaac and Miss Shapland. A discussion here took place, whether the plaintiff's Coun sel should produce their evidence to disprove the justification now, or in reply to the evidence of the defendant ; an d at l as t the atter course was agreed on. The plaintiff's case therefore closed here. Mr. RUSSELL addressed the Jury for the defendant. He thought it a signal proof of the talents of his Learned Friend that he had been able to lay the weak, imperfect, and frivol ous case of the plaintiff before them in any thing like a decent form. By this declaration, Mr. Pierpoint, after calling him self in one count a surgeon, in another a physician, and in a third " a medical practitioner," so as to include the anomalous character he filled, without proof of a farthing damage, had the impudence to ask the Jury to give him 5 thousand pounds, and consign the defendant to ruin. What machinery , had he set in motion for the purpose of working up something of a case for damages ! To-day he was physician ; yet till this day he was never heard of except as a surgeon ; nor did Mrs. Clif. ton herself dream that her friend was a doctor, till he pro. duced this notable diploma—his pocket-pistol studiously con cealed—to establish his claim to that title.—(A laugh.)—lt was amusing to see the names to this potent weapon of annoy. ance, which was purchased at the expence of 261., and the long and mysterious additions. There was—" Jac. Kidd, 0. L_ S. I)., L. 0. 0. P."—(a laugh), and " George Glen. nie, P.P.," which probably stood for parson of the parish, who must be needed after so many surgeons. The first question which the Jury would have to ask was—whether the de. fondant spoke the words imputed to her wickedly , and mali ciously, and with intent to injure the reputation of the plaintiff; because if she spoke them on any justifiable occasion, she would be entitled to a verdict on the general issue. When they con sidered that she found Mr. Pierpoint attending a beloved sister, to whom he had been called during her absence—that she con ceived that sister had suffered from his want of skill—and that she addressed her complaint, in the fulness of her heart ? to her intimate friend, at a moment when even mistakes arising from the apprehensiveness of affection might be excused, surely they would not think that she was liable to an action when her confidence was betrayed. Was it fair, was it just in Mrs. Clifton at such a time, when her friend was watching the death-bed of her near relative, to go from the house ° re f Borrow,the suff e r e rt to bens about talcs of o tsocra scandal, o a i n n and tog medicalipn. t v oni e ln sictstra,agnstikdi required el 1(11j ? Butanro " Air. Pierpoint requested an explanation of the cause of his dismissal.' ' Did lie so ? Then surely he ought to take the consequences;—not to Ask the question, and bring an action for the answer ! Was it to be endured that a surgeon should take umbrage at the calling in of fresh medical aid, and demand an explanation, and then bring an action for the expla nation given? If lie chose himself to publish that explana tion, to seek out matter of charge which might have been buried in the bosom of the Individual, and become his own slanderer, was he to ask 5,000/. as a recompense? But Miss Shapland would not leave the case here ; she would establish her justification ; she would show its truth to the letter, and call on the Jury to confirm her opinion by their verdict. Mrs. Isaac died of a large tumour in the stomach, inflamed and ul. cerated, which, with the diseased part attached to it, was firand to weigh no less than seven pounds on the opening of her body. And yet Mr. Pierpoint, two months only before her death, administered a violent emetic, which must tend greatly to heighten inflammation and aggravate all the symptoms of the disease. And what drink did he prescribe ? The Jury would be surprised to hear that he recommended brandy and c w o a u t r e s r e " o f a t rperitontrn beverag e such cf o r a s d n a i i i l g Y l s h e e l expected he e f r ec t t h we ts e lol p o rc a f ii t li i t i e i g :n i i ie s t i d J 4 b k iw :' re r: v il t e c rt se a w y r d t i s w m ar a k t et : i i t l er n l d e l i c ne tt t d: o l o ie e e a v p dr y n i e e d wdd r we c ui lo e t l wcl u i c l v ea el e t : : y t o ol f h l io s ne t a u vl nl t i n e e a t the bfl ee i nflayacs:emoupaunirttlidsa%iiel‘tnbooujralagiyedliedddolYeplinninntbeged thwaseir iedi r beforeivme r p d r i (i c p t et for t the defendant, who had spoken in the agony of her feelings and the honesty of her heart, and who bad been brought into die. tressing publicity by the conduct of a treacherous friend. Mary Brownell was then sworn, and said—l lived as servant to Miss Shapland and the late Mrs. Isaac, till Mrs. Isaac died. She was ill a considerable time before her death. In the lat ter ems! of March Mr. Pierpoint began to attend her. Ile was introduczd to her room where she was in bed. I was in the adjoining room, and heard what passed. She requested hint to examine her stomach, as she thought there was en enlarge ment, and something growing in it. Ile continued to inquire as to her feeling, anti she told him where she felt pain. He told her not to alarm Herself; there was nothing there, and all would be well. Pills came, and thenan emetic. I gave the emetic; it operated with great violence. Mr. Pierpoint came the same evening, and was surprised at the result. While the emetic operated, Mrs. Isaac seemed in great pain. The next day Mrs Isaac said she was a little relieved, but her stomach felt very sore. After this, Mrs. !mote grew worse. While she was staying at Hawfortl, Sir. l'ierpoint asked how she was, and said she must continue taking the medicine. She took pills, and drank brandy.and.water twice a day, by Mr. Pier_ points direction. After Dr. Malden was called in, she took no more brandy-and-water. When Mr. Pierpoint was called 'in, Miss Shapland was from home. M rs . Clif ton li ve d next door but one to my mistress, and often called upon her. Cross-examined.—l recollect Mrs. Isaac going to Sir Anthony Lechmere's house. We were there about a fortnight. 1 was not present at the first conversation between Mrs. Isaac and Mr. Pierpoint. I only know of her taking once an emetic, which tvt years before. I think sh e t oo k brandy.and-water before the emetic. She was very temperate. A desert spoonful of ' brandy in a small tumbler of water was ordered for her by Mr. Pierpoint. She took it at dinner, and sometimes when she went to bed. After this she went to newton', but was no better. She used to walk out on the terrace. Ido not know that she was hurt by a walk to Mr. nertilucaa's, at Beverley. Re-examined.-1 am not living w i t h Miss Shapland. I ant married, and live at home. Dr. Malden.--I have practised since October, 1017. I was called in to attend Mrs. Isaac on the 27th of April in last year. At that time site wan visiting at the house of Sir. Welch, as newton'. Sh e h a d t h en cons id era bl e fever. Her pulse was i at 100 in a minute. I examined the stomach. She complain ed of tenderness in several parts, but not severe ; it seemed to arise from distention by air, and the inflammation of the con. tents of the abdomen. I ordered medicine, and proposed bleeding to subdue the inflammatory symp toms. O n her re turn to Worcester, she was bled by the lancet, and repeatedly by , leeches. The inflammatory symptoms left her under w ned ur :aaitei t ar: i stsdp s telettbe .r wrtolen:or,:ensinei:ume)tainide.lnrt stimulant. found, owlh e taun.l n toenofl t umt m frdt:egi deix l seenoaht itisixinotiriau o tt) In:01 r diatinflflivinoe ascertainedtxeln ;shii life oseei htltfilieleeleold st o machi r cnaoti ti) t titt dtieta i ti iyneteoelyeltloxlaiviifepisilonetttoietatunishlnwinrtneeeaetscandit.ntesniLutiti: allow iiran d o y f s : T e l! :seoh p toafe a l tr y r i esl t u i a i c tt f ie u i e fwd l m a r oi r bcnu i l hr brandy il e d : dn d n i t idb h m e ye: : f in t to should adaii have te cr considered an emetic Improper . I found too an emetic. I think I should have discovered it a month pre. vious. tross-eitamltied-.lf inflammation tie excited by vomiting, it le likely to begin from the time of the vomiting. If the patient became better, and so continued for a fortnight, I should Infer that the inflammation was not caused by the emetic. I have practised seven years at Worcester ; the plaintiff came after me. I know nothing about Mr. Pierpoint's practice; he is a particular friend of mine. Medical men differ as to the pro. priety of administering emetics in particular cases. Sirs. Isaac got steadily better for sometime, but she died. Mr. Pierpoint had no notice of the opening of the body. I can attribute appear. ances in the stomach to the emetic, because it was impossible, in taking a review of the probable exciting causes, to leave the violent action of an anietic out of the question, provided an emetic had been administered. thud it been administered six months before, I should not have left it quite out of the ques- Von. I cannot speak to a year or two years. Ido not recollect having said that, an any judgment the treatment wait proper; but I will not swear it. I may have said something favourable to Mr. Pierpoint, as I wished to give a favourable impression of his conduct and skill. Dr. Hustings, u physician of Worcester, was called to speak to his opinion of the propriety of the brandy and water and emetic ; but he did not speak decisively on the subject, as he had never seen the patient while living. Dr. Lewis, a physician practising in Worcester, judging front the de s c r ip t i on o f t h e b o dy, an d t h e state o f the patient, thought the a dm i ni s t ra ti on o f t h e e m et i c on t h e 1 0th of April injudicious, and the brandy and watet likely to produce: in flammation, and that a medical man ought to have discovered the tumour. If, however, the emetic produced' relief, the tomach could scArezly be, in a state of ulceration. Soreness would manifest some inflammation, or might arise from mere muscular action. A letter, dated the 31st of May, 1823, from the plaintiff's attornies to the defendant, threatening proceedings, was then read. Tits was the cue for the defendant. In reply to this evidence, the Counsel for the plaintiff call. ed Mrs. Weld), _who said she resided at Hawford , and had known the late Mrs. Isaac many years. Last year she visited Sir A. Lechmere, and afterwards came to visit the witness about the middle of April. When she came, she was in a very indifferent state of health, and grew worse and worse. — She walked to Beverley one day, to r.turn a visit, about a quarter of a mile off, thinking herself better for exercise. She, said she thought it did her good. At first she thought herse lf better, but she certainly afterwards grew much worse. .Mr. Pierpoint called once or twice to see her. At first she thought herself better for Mr. Pierpoint's medicines, but afterwards changed her opinion. Dr. Malden was afterwards called in, at the wish of Miss Shapland and of the witness. Cross.examineg.—Mrs. Isaac was very much and deservedly beloved, and so is Miss Shapland. They were much attached to each other. Mrs. Isaac acted as a mother to her younger sisters, and they felt towards her as to a mother. Mrs. Isa ac thought the medicine too strong. Miss Shapland was in agonies at the death of her sister. Dr. John Johnson, a physician at Birmingham, in extensive practice for thirty years, said the expedience of administer.' In , an emetic must depend on the symptoms of the moment. If called in when Dr. Malden was, he could not tell what the' symptoms had been on the 10th of April, nor judge of the expedience of administering an emetic. if the patient felt re.. ;1 lieved, he could not ascribe symptoms of inflammation the n appearing to the emetic. He did not think the appearancesdis i covered in the body would be attributed to that cause. If there' was no direct tendency to inflammation, weak brandy and water would do no harm. Great caution would have been necessail in administering an emetic. Dr. Thomas Christie, and Dr. H. C. Borrington, of aelien/ ham, agreed in this opinion. Mr. RUSSELL observed on this new evidence, and contended that it rather strengthened his cas.. Mr..IERVIs replied. In alluding to the ludicrous obserrtk dons on the diploma, he observed that it was signed by vet, / eminent men, and men above all suspicion. He took a review of the whole case, remarking that all the medical witnesses on the other side resided in Worcester, while the physicians called for the plaintiff were entirely without prejudice or bias; and urging that, according to the defendant's own admission, the' emetic had been useful, and the plaintifrwas entitled to a l'e r ' diet for such damages as would completely vindicate his elm- Meter. , Mr. Justice LIT TLEDALE read over the whole evidence, and commented on all its bearings. He gave it clearly as his 0 1"" nion that the expr ess i ons were not uttere d i n any privileged communication, so as to entitle the defendant to a verdict on the general issue ; and th e s i m pl e quest i on was—whether thejustification was proved, which asserted not only that th e emetic was injudiciously given, but that it was so injudiciously given as to endanger the patient's life. If the Jurthought circumstances i l i t or i cn s t n on l is l . e tt g lhin a ec t d l e o se n fu i d o ae t nr t p w : h oie h : , they must find a verd i ct for the plaintiff; but they might take into their consideration all the groundless or t n ot, nion, whether gr of mitigating the damages. oewt:opnwpelsalwrfaeozrcinesspoedok,nefitr,hatisiclietlhpieleuarrflipoosepici: The Jury consulted for a few minutes, and then returned 5 verdict for the plaintiff. —Damages 395. The trial was not over till after nine in the evening, haring lasted just 12 hours. In fixing the precise amount of damag es, the Jury were probably influenced by an erroneous idea that a verdict for less than 40s. will not carry costs • w h e reas, who a justification is pleaded to an actio n f or wo;ds, the timeliest damages entitl e the plaintiff to full costs on the special pleas ; though it is otherwise when the defendant relies on the gene ral issue. COURT OF COMMON COUNCIL. A Court of Common Council was held yesterday at Guild hall, for the dispatch of miscellaneous civic business. The Improvement Committee presented a report for WW I ? g the bonds for th e sum o f ILO , OOO/ ., ra i sed fo r the purpose moving Flect.market, w hi c h was rea d , and the bonds us' accordingly. FLEET STREET. Mr. SAVAGE complained that, in consequence of the new Paving Act requiring that the streets should be paved in the night, Fleet street was now in a state of great confusion. had been going on for six weeks, and he would be bound to say that no part of it just done was in a better state titan before. Indeed it was impossible to do it well in the night. The Loup Mayon said, a more intolerable nuisance could not exist than this, and he expected a petition from the inhabi• tants of that quarter. A petition from the Inhabitants of Fleet-street was then read, complaining of the nuisance. An Inhabitant said, that they had made application to vari ous quarters, and had received no redress. Mr. Deputy VALE supported the petition, and moved that it be referred to the Commissioners of Sewers. Mr. S. Dixoat contended that the Commissioners were not to blame. Alderman GARRATT said, the paving could be effectually done by night; as had been proved in the Ward of Alderman Venables. lie feared there was some blame attaching to dr, contractors, for there could be no reason for leaving the olt , stones for weeks in the streets. Alderman VENA BLEB corroborated this, and stated that mall contractors would act in direct defiance of the Act of Pelt ment, which imposes it penalty of 501. H e h ope d this o ° l be fully inquired into by the City. The LORD MAYOR had directed his officers to refeet to lilll all kinds of nuisances. If t h e C ourt would do noth isg in 11 ' 6 he would, as he r at h er t h oug h t h e had the power to direct t h e City Solicitor to prosecute the offending parties for a nuisan ce. The RECORD ER sa id, t h ere could be no doubt that this Wes a nuisance, punishable by Act of Parliament. pa the Mr. Jo :Ea said, that-when Lombard...street was reP" --- ' inhabitants complained that they were disturbed at night:7; e T v h Aer e id r w e e s mi t iii o lite t n * ttilietowdoomlr done recommended wbyas night o t done b y s b to y od d th ay fianut , th a . n e d L tl ord iat 3 w i a a s y oars shoal--. call call a Committee of Sewers within two hours. Indictment for nuisance was too tedious a proems ; for in the mean doe o p t e i o le p r. l al e in Fleet-st reet cou ld not pass from one s ide to . cor il d l i r n . g B t . o D th ir po rq w w ers l is v ie e d stet it i l i e n ft h t i o m. the Lord M a yor to act s e ' Deputy DA WE recommen d ed that the stones should be" kco to the Green-yard, and the penalties inflicted. It was then mov e d an d carr i ed, that the Lord m a y o r he re ° quested to take such steps as to him should seem meet to lb the nuisance. A petition was presented from Mr. Rowland,' one of t t l a wo o Barbour blasters of the Po rt annexing a copy of a had addressed to the Chancellor of the Exchequer „„ w il l *n m aalvt subject of a plan h e h a d. proposed for making ou the Dock, adjoining the City Canal, in the Isle of Dogs , for ,i n W exclusive use of Colliers, and which would, it effect, considerably relieve the crowded state et the and praying the Court to take the same into Co which being read, was referred to the Navigation, Committee ' report upon. 4 pi& The Court, upon a motion by Mr. S. Dam:, refer"' att the Committee for General Purposes, to take such messuire ta , they should be advised, to procure a revision of the order ° e s-. made by tile Judges of the Court of Common Pleas, for su for : I BcPe r " tension of the Ruler, of the Fleet Prison. Severs granting Leases were read and agreed to. Lime' The Court agreed on the establishment of a Market at house, with certain exceptions. II"' Mr. F. TXMPLE, the son of the late Hal-keeper, le ninicusly chosen to that situation. carried. BIRTHS. On the 3d Inst., at Ge Orge-stre e f, Hanover-squar44 the Lot of the Aorney-GenerStaal, On the 4th hot., at tenboro'-hoitse, near Sandw i c h, Kent' ' the lady of John Godfrey, Esq., of a daughter. ____,....... 11141 ill JED. Kite, On Wednesday last, at St. Mary's, Iclington, Jame s , 310 , Es q., merchant, of Popham-terrace, to Mary, (laught er ()I Pinhorn, of Reil Lion square, Bloomsbury. the 2d huit.,DIED. t..,, 1. 0 /n , o i f lo t n t d u a l y ti , juttaw, aged A o n y n :a t ni. he wife of Jam es 6:)rhett' Grosvenor -place, set. 1 Chester-str r after two days' illness, aged 35, On the 4th inst., at his father's house, -a , ,„, ita • char. 4oo4 . radaile, Li., of Clapham, second son of Richardson A dells, Esq. a On Wednesday ni g h t, W illiam Doane, son of Josef II ''" El O izabet n the h Doane of New.ion-builtlings, New-inn. abuse,' 3d in st , ~ Mr. William Taylor. of Shackle/Ir' ...i Kingsluad-road. e , On T ues d ay ‘l'illitini Pirner, of Arlington-atreet, Esq.. and daughter o late Sir Thomas Robinson, Bart., of Ranelagh. ____.,,.00 morning, the 3d inst., Mrs. Pinner, the2vi t; Printed and Published fOr the Puot.nt " SU ' Orrtcy, 112, Strand, by J. B. Cmtarsfig4* wh, wit Obi Pul ( a rl Are 1 4111 ' lO - (), i 4 lb i