The Daily Times.
Liverpool, Merseyside, England, 1860-10-25 00:00:00

THE DAILY TIMES, THURSDAY, OCTOBER 25, 1860

PItOFESSOR -OiILISDBA FRIKELL.

TO THE EDITOR OF THE DAILY TIMES.

have been requested A, Messrs. Chappell and
Co., of London, who are the agents in England for Pro-
fessor Frikell, to announce that he is at present on the
Continent, and that persons who are giving entertain-
ments in his name in Birkenhead and other places, have
iro Cmineetion With him whatoer.--Yours truly,

rt.. It: ffittliTINGAM,

Liverpool, Oct.

COMMITTAL. OF EVAN TIOMAS; FOR
MANSLAUGHTER, BY pig
I'ItATEg AT BIRKENHEAD:

itesterday morning at the Birken4ead Police-court,
Mr. Evan Thomas, &e 4011 known boriesette, appeared
before the magistrates upon an intestigation, as to the
death of a Attie boy named Francis Timlin. Mr, J. B.
Aspinall, barrister, instructed by Mr. Clarke Aspinall,
appeared for Mr. Evan Thomas. It will be recollected
that some time ago an inquest was held on the body of
the deceased, which resulted in a verdict of manslaughter
against Evan Thomas. The facts connected with the
boy's death have been before detailed in these columns,
and it will be unnecessary to repeat them here. After
the evidence relating to the boy's death had been taken
yesterday, the medical evidence was heard. Dr.
Lambert was the principal witness at the inquest, and
he was again examined yesterday. lie stated that he
saw the boy on Friday, and etarriuted his leg; he con-
sidered that ail aliseess *as about to form, ordered
poultices, and riroutised, to Call in afe* days. He saw
the deceased on the folldWing,;. ,Monda:Y, and found his
leg splintered; he found that the leg had Veen treated
as though it were fractured. He pulled off the splints;
he did not believe the leg to be fractured.
On the 11th instant he made a post mortem examina-
tion of the deceased. On examining the right thigh he
made an incision on the outer side, which was followed
by the escape of several ounces of matter. The matter
was found to be infiltrated among the muscles .and
around the bone, to the extent of several inches. The
thigh bone was then removed entire, and there was 510
fracture of the bone whatever. The chest was opened,
and the lungs found to be congested, and on removal of
the pleurae a considerable quantity of serum was found
to be infused into the cavities. 'there were also adhe-
siolis between the pleurd costalis, and the pleurae pul-
monalia and pericardium. On the opening of the peri-
cardium, it was found to he .ahriost gilled with turbid
serum, and there was a considerible deposition of lymph
over the whole surface of the heart, On eiarifitiung the
heart, three distinct abscesses were discovered in the
substance of the right ventricle. The liver, spleen, and
abdominal viscera presented no unusual appearances ;
both of the kidneys were studded with minute deposits
of pus. The brain was slightly congested. The knee
joint was healthy. He considered that death was produced
by pymmia—a diseased state of the blood, caused by
the absorption of decomposing matter into the circula-
tion. Pressure by bandaging would produce the absorp-
tion of the abscess. He believed that the bandages
applied to the leg in this case produced the prelim
which resulted in death. His servaht did not tell him
that Mrs: Timlin had called on the Saturday following
the day on which he had first seen the deceased. He
did not think it necessary to go on that day, or he would
have done so ; he would not have called on that day had
it been a paying case. After Dr. Lambert's evidence,
two other medical men were examined, who siipported
his view of the case, and considered that the bandaging
caused death. For the defence Mr. Aspinall called Dr.
Roberts (a brother-in-law of Mr. Evan Thomas), Dr.
Pope, and Dr. Lodge, and each of these gentlemen
assigned a cause of death different to that given by the
witnesses for the prosecution. They did not con-
sider that from the symptoms noticed by Mr. Evan
Thomas and his son the treatment adopted was improper.
They considered that it was dangerous to take the child
across the water, in the state in which its leg was, on
Saturday. At the close of this evidence, Mr. J. B.
Aspinall addressed the bench on behalf of Mr. Evan
Thomas. He denounced the prosecution as a Most dis-
graceful attempt on the part of the medical practitioners
to persecute Mr. Evan Thomas, who did not happen to
belong to the " faculty." In reviewing the case, the
bench would find that there were two questions which
they had to try, before committing the prisoner for trial
upon such a grave charge as that of manslaughter.
The first of these questions was this, " Did Mr. Evan
Thomai in the first instance do wrong ?" It was a well-
known fact that every medical man must, in the course
of his life cause a number of deaths. There was no
doubt about it ; medical science was not yet a perfect
science, and the only thing a professional man could do
was to give his opinion to the best of his ability. He
(Mr. Aspinall) would like to know which of those
medical men who had come forward on the other side
that day, would undertake to swear that he had always
done right. The question was, " Did Mr. Evan Thomas
in thinking there was a probable fracture exhibit such
a gross amount of ignorance as to make it criminal ?"
And then, assuming the bench could, upon the evidence,
return an affirmative answer to this question, they
must further be of opinion that what he did caused
the death of the boy Francis Timlin. It was
possible that the prosecution would say that because
what was called one tribunal bad sent Mr. Evan
Thomas for trial, the Bench would necessarily do the
same, and would be tied to the same decision. Now
that was the strongest reason why the reverse should be
the case. Because if the case would, independently of
the present decision, be further investigated, where was
the necessity, in this case at least, for putting the
country to the expense of another committal. The
Bench had probably seen some of the motives which
had actuated the whole of the prosecution. They
had Doctor Lambert coming before them, and he says :
--" I am the parish doctor, and when I looked at the
child I thought it was suffering from an abscess. I did
not examine its leg. I did not examine any of its
organs, but I felt its pulse." Dr. Lambert did not call
again the next day, and he had the audacity to come
here and say that he would not have called again if it
had been a paying case. Was it not apparent
that, even though it was a pauper case, it was
Dr. Lambert's duty to call again. The poor mother
went the next morning to that workhouse doctor, and
applied to his servant—she could not see the doctor;
perhaps he was not up,—telling her that the boy was
much worse. Dr. Lambert now pretended that his
servant did not tell him. The parents afterwards made
a second application, and succeeded in seeing the doctor
himself, who called at six o'clock on the evening
preceding the child's death. And then his dor-
mant energies were aroused—before it was only
the case of a poor pauper child that was ill, now
it was a case against Evan Thomas for the exercise
of all spleen, all malice, and all uncharitableness.
The doctor says that then he pointed out to the woman
that the leg was not fractured. The next day, when the
child is dead, another doctor is sent for, and the two come
to the conclusion that the leg was not fractured. They
then send for the policeman; an inquest will be held,
and the coroner (being another medical man) will come
all the earlier. In the course of the coroner's address
to the jury, that gentleman tried to impute swindling
to Mr. Evan Thomas, but he (Mr. Aspinall) would
venture to say that whatever Mr. Thomas was, he
is as respectable a man as ever Mr. Churton was in
his life. Mr. Aspinall would submit that, if there
had been any neglect in this case, it was on the part of
the parish doctor. When a person undertook a case of
this kind, lie was bound to pay as much attention as he
would give if it were what is called a paying case. Yet,
when the doctor goes a first time, he thinks there is an
abscess, and does not condescend to go again until the
child is nearly dead. The father takes the child across
the water to Evan Thomas, where Mr. Thomas and his 11
son examine it—and who would say that theirli d opinion
was was hastily formed? No man guaranteed his opinion
to be right. He merely gave it as bona
as being the result of his experience. lie asked
the bench to look at both sides of the evidence, and then
consider whether any jury in the world would convict
of such a crime upon such evidence. Did the case go
for trial merely on the coroner's committal, it was pro-
bable that that functionary would have to pay the
expense himself; but was there any reason why the
county should also defray the cost. In conclusion, the
learned gentleman referred to the high opinion which
every one entertained of Evan Thomas, and urged upon
the bench, if they thought that this case should be
further investigated, to let it stand, but not put their
seal to such an attempt at gross conspiracy.
The magistrates then retired, and, after• a short
absence from Court, returned and state
fortheydthattfroiral. rrh
con-
siderede it better that the ease should
go trial on
prisoner was accordingly formally committed
the charge of manslaughter. The observation of the
Coroner, which Mr. Aspinall referred to, was as follows' •
—" There was an observation made at our last sitting by
one of the jurymen in which I perfectly coincided,
namely, that Mr. Evan Thomas had certainlyon swindled
the poor father out of a-certain sum of money, by pre-
tending
seems
tending that the child's leg was fractured m ,
an
also that the child underwent the mockery of a reduction
of the fracture, for which the father was charged 10s.
7owever, that is not a matter for your consideration."

CORONER'S COVRT.—Yesterday the coroner held the
following inquests :—On the body of Catherine Walsh.
71 years of age, who lived at 31, Mold-street. The
deceased was found burnt in bed, by her son, on Tues-
day morning. Verdict, "Found burnt, but how the
fire originated there was on evidence to show."—On
the body of John William Bohan, a child that was
overlain in bed at 5 Conrt, Oriel-street. Verdict—
" Accidentally suffocated."—On the body of William
Corlett, a lath cleaver, 72 years of age, who died in the
Southern Hospital, in consequence of injuries he
receive 4 by falling through a trap-door in a stable
in a court, off Parliament-street. The affair was an
accident, and the jury returned a verdict accordingly.
—On the body of Esther Quirk, 54 years of age, the
wife of a tanner, who lives at 9 Court, Kew-street.
She was given to drink, and on Tuesday night she had
had a good deal of ale and porter. Her husband missed
her out of bed at 12 o'clock, and on going down stairs
he found her dead on a table. Sbe was subject to
spasms in the stomach. Verdict, "Died of apoplexy,
from excessive drinking."—On the body of Robert
Hall, a cooper, who died in consequence of an injury
accidentally inflicted by himself with a draw-knife.
There was no blame to any one. Verdict, " Accidental
death."
MEETING OP OPERATIVE BARERS.—Last night, the
adjourned meeting of the operative bakers of tins town
and Birkenhead, was held at the St. George's-rooms, in
Lime-street, with the view of forming an organisation
to abolish the present excessive hours of labour. Mr.
John Elliott was appointed to the chair ; and explained
clearly the grievances of which the operative bakers
complain ; but wished it to be borne in mind tb at he spoke
not of individuals, but of a system. Their first complaint
was of the unlimited length of time which they had to
work for a fixed remuneration. The hours of labour
often amounted to from 16 and 18 to 20. A journeyman
baker who had seen him since their last meeting had
told him that he went to work on Friday morning, at
four o'clock, and did not finish that night till half-past
eight. He had then two hours' intermission, and did
not finally get away till seven o'clock on Saturday night.
The Chairman then explained that several meetings
of the committee had been held, with the view of form-
ing a trade society. He thought, himself, they could
accomplish all they wanted without a strike, or any-
thing of that sort. If they got public opinion with
them, they could go with a petition to the masters, and
get them to sign It.—Mr. John Coghlan, the secretary,
read some of the rules of the proposed society, so far as
they had been agreed upon ; and after much discussion
on the part of those present, the basis of an association
was formed, Liverpool being divided into eight districts
for the purpose. , .

LIVERPOOL POLICE COURT. YESTERDAY.

(Before Mr. RAFFLES.)
4TE kaNct A CRUCIFIX.

Thomas Garside,` 4116"keePs' a lleerhoiise in Rupert-
street, and his servant, Anit4" ATido4d, were. charged
under the following circumstance :--From t'h?.evidence
of several witnesses, including Detective-effieer Caens,
it 'appeared that on the night of Thursday fast; the
parlour of a Mr. John Verdon, who lives at 8, Hawke-
street, and who is the secretary of the Catholic. Young
Men's Society, was entered about half-past ten, and on
that eceasion a brass crucifix value £4 10s., a scarf value
Xi; a goat aftd trousers, and a box containing £7 10s. were
stolen theteout Mt Tuesday evening the female
prisoner'Ant to a brokeids show kept by a Mrs, Guy,
en C y3IS h , and.offered the oriteitik for sale. Mrs.
Guy sent it do a nefghbouri named Spellman, Vito at
once recognis4d it as that which had been stolen tidtii
Ilawke4treet,, and gait tii woman into' custody: She
stated to. Cozens that she got it froze a sailor who
lodged at her master's house. Cozens thee went to) the
houSe of t;he male prisoner,', and made, enciniry a Mm
hdvi he came by., the cruifii. He stated ttlat he got, it
from a sat& named "Dublin Jack," who lodged in his
house for four nights and. that he sent the female pri-
soner along with his wife to stir it for the sailor :* he
sent his wife to see that the girl did not cheat the
sailor. In consequence of some contrary and &antra-
dictory statements made by the prisoner, and finding
a large number of pawn tickets in the house, relating
to wearing apparel, watches, and other property,
he took him into custody. Mr. Kehoe asked for
a remand, as the pawn tickets related to property that
could not belong to the prisoner, and he wished to have
proper enquiry made into the whole affair. The pri-
soners were then remanded for further enquiry.

A BRUTE!
Dmiegati, described as a plasterer, was
bicafght on ferdandi charged with having pushed a
red hot pokex iiitd the .el'e of his Wife; the night of
the 16th of Oetobei. The details of this case appeared
a few days ago, the facts being that oh' the ilight of the
16th, the prisoner was drunk, aild N7hilst that state,
he put the poker in the fire, and when it was red hot,,
he poked it into the eye of his wife, saying that v/a
what she wanted. She has been under the care of Dr.
Nevins since, and although she was very much injured,
the doctor said she was now out of danger. The pri-
soner was sent for trial.

VIOLENT ASSAULT ON A POLICE OFFICER.
Four desperate looking ruffians, named Richard Red-
man; Patrick Clarke, George Booth, and George John-
ston, Were brought up cut remand, charged with havinc,
connnitted a desperate anima on police officer M‘Donaldt,
(367,) 6n the night of the 16th October. Mr. Bluck
appeared for Clarke, and Mr. Cow fot Redman, The
facts of.this case were published in Or paper fi few days
ago; It appeared that on the night in questioe, thee
was d ro* in Great Howard street, and the prisoners,
with other, were engaged in it. The officer put them
away, and went down DerriSun-street, When he was
attacked in a furious manner, knoc'ke'd clo'vhi, and kicked
most barbarously in the head, on the face, and abbut the
body, and his nose was terribly injured. These fads
were proved by several • witnesses, when Mr. Cobb and
Mr. Bluck made two speeches for their respective
clients, but the power of forensic eloquence could not
alter the facts, and his worship sent the prisoners for
trial at the sessions.
A BUTTER DEALER AND HIS WIFE.
Mathew Casey, described as an importer of butter,
who lives at 37, Hunter-street, was charged by Mary,
his wife, with having assaulted her. Mr. Cobb appeared
for the prosecution, and stated the case, which was
supported by evidence, and appeared to be as follows—
The defendant went to live with another woman and
abandoned his wife. A regulation was made that he
was to allow her 7s. a week, but since the 16th of
August she did not get any money. She went to get
some money, and met him with the other woman, and
when she asked him for money he knocked her down and
kicked her. Mr. Parker, for the prisoner, cross-
examined the complainant, but his questions were about
the prisoners income, and not about the assault. Some
witnesses were produced for the complainant, after which
his Worship decided on fining the prisoner £2 or two
months' imprisonment.
(Before Messrs. R. GLADSTONE and CASTELLAIN.)
CAUTION TO BUILDERS.
Mr. M'Gowan, of the Health Committee, appeared to
complain of William Harley for having, without the
consent or license of the Health Committee, removed
some of the pavement from Great Mersey-street, avid
for having put down rubbish in its place contrary to the
act, &c. Several witnesses were called and proved the
case, and a fine of £2 and costs was inflicted.