The Express.
London, England, 1859-07-12 00:00:00

SECOND COURT.

Sittings at NW Prina.—(Before Mr. Justin Blackburn
and Common 30180
BATIR V. ORLY/WM:A SCINII IN COURT.
Thie was ea anion to remover 301., the Table of • MU of
exchange accepted by the &deadest and endorsed to the plain-
tiff. The defendant pleaded fraud.
Mr. Pearce appeared es COUSIIk for the plaintiff, and Mr.
Charge Francis- for the defendant.
From the state of the pleadings the defendant, who is an
attorney, was examined in support of his plea, bat in hie
cease-exemination his repliea were in direct contradiction to
. .

as seldavit be bad mode.
Mr. Justice Blackburn asked the learned counsel for the
defendant It he thought the jury would, atter tLis evldance,
give him credence P
Mr. Francis believed the matter was capableof explanation.
The jury said they oou:d not believe the defendant.
The mimosa was at this stage of the proctodi4o taken
anddenly ill, and had to .can on the bar in front of the witness
box for support, and would have fallen tf a jury min had nut
jumped out of the box to WI assistance. The officers of the
court also supported bias, sod he was kd into the air.
hlr. Justice Blackburn desired that the defendant should
be detained in custody, and on hie recovery brought before him.
His lordahtp then said to the defendant's counsel, he thought
it was his duty to commit the defendant for perjury, and felt
the court for the purpoes of consulting with the Lord Chief
Justice, who was of opinion that as there would not be proper
evidence in support of the charge of perjury it would be
betty not to commit,him. When
Kr. Justice Blackburn returned he s'ated that the Lord
Chief Justice and himself both regretted that under the cir-
cumstance" it would be meter to commit the defendant
for perjury.
He was accordingly discharged out of custody, and a ver-
dict wea immediately returned for the plaintiff, his lordship
granting immediate execution.

NOBLE V. DAVENPORT. -ALLEGED NEGLIGENCE or A

BURGEON.

This was an action brought to recover damages for tie
alleged negligence of the defendant, who pleaded net
liuthr
Mr. Lush and Mr. Mennen were counsel for the plaintiff ;
Xr. Tindal Atkinson and Mr. Murphy represented the
cledandant.
Mr. Lush, in opening the case, said that the plaintiff was a
blacksmith, carrying on buidness at Abridge, in Emirs,
when the defendant practised as • aurgecm. One tiunday
evening in Anglia' the plaintiff's wife and eon were riding in
a cart, when the horse tell, and the wile, who is 60 yea?" of
age, met with an accident to her wrist. On reeching home
the defendant was seat for, end on examining the arm be
said it was broken about three inches below the elbow,
and that something was alio the muter with the
wrist. But in point of fact the conclusion was
wrong, for in reality the wrist bones had been dislocated and
required immediate re-eetting. The defendant immediately
put the arm between two splint+ and bandaged it tightly,
and applied some lotion. lie continued to 'fiat the plainttit'•
wile from day to day, still keeping the arm in bandage.,
using bran poultice', fonientations, lotions, &c., but he did
nothing to the wrist. The plaintiff's wife continuing in great
pain and getting worse doily be suggested that thither
medical advice should be called in. Dr. Tboniaa was
aenardlndly sent for, and, accepting the defendant's
recount of the nature of the injuries as the right
one, he repeated his opinion that the plaietiff's wife
would Leen get hotter.. Afterwards Dr. Beering wee
celled in, but did not examine her arm, as he took
the defendant's account to be correct. He, hewevir, ad-
vised the application of leeches. The plaintiff's wife con-
tinued to get woes up to the 30,h of October, when the plain-
tiff told the defendant it would be useless for Men to continue
his attendance, arid again called in Dr. Bowling. The case
being then under his irualediste care, Dr. Bowriog 11411,111 d
the arm, and on removing the eplinta be discovered that the
arm had never been brain's. but that the wrist had been die-
located, and it wee then, from the lapse of time, impeeeible
to re-set it. The wrist was cramped with the tight bandages
and the want of setting, the eager" were so stiff
that one of them cracked in the attempt to
straighten it, and the plaintiff's wife centinued to
get worse. In December Mr. Turner was called in,
and he and Dr. Doering continued to attend the woman.
tier 'nitwit:it/a were so intense that they atfieted the nervous
system, and a most lamentable 'Belli had followed, but
whether from the neglect in the tremmeat or nut it !nut
impossible to say. Sae was unable to get any sleep for 14
days and nights, end when at last steep cane en her the
awoke a maniac, and wee now in a lunatio sieylern with no
chance of recovery. Under these cireumeteuces the pereent
action was brought.
Evidence was adduced In support of the &love frets, and
from this it aloe appeared that the defendant bad sued the
plaintiff in the twenty c mil for the amount tit his hill for at-
tendance, but bed tic t succeeded in tecoverlng it. •
Bowe of the wheelie* stated that the arm had not been
bribes, or the wrist delocated.
Mr. Tindal Atkinson, at the conclusion of the pleintiff's
cote, submitted there was no evidence to go to the jury ; but
the objection was overruled, and the teethed connect teen ad-
dreamed the jury for the defence. lie contended that one
of the bones of the arm bad been broke., and had been pro-
perly treated, so much so that the women could now welt at
herneedle in the asylum. He commented en the fact that
this active bad ant been brought until alter the lapse of four
years, end after die defendant had solid the plaintiff in the
county mutt foe bin bill for medical attendance. Nothing
could be more ungrateful then the plaintiff's conduct; but
when

Tha devil wept ill. the devil • monk would le
The devil got well, the devil a mask was he."
(laughter.) l'be learned counsel said that the real rause of
eke lenity a the pier woman was (het abs lad caught cold
and had token gastric lever, ant he would all Dr. Campbell,
of Brentwood Asylum, to prove this.
indente eras then adduced to prove that the arm bad been
broken and had been so treated that it wears well sow as c ,uld
be expected in • woman of the age of the patient, and that the
lunacy wee Is no we, attributable to the negligence of the
defendant.
The lea ned judge eummed up. leaving it to the jury to
say whether the defendant bad eilrlot-d peeler and meson-
able and are in his treetment of the phoutill's wife.
The jury, attic a brief consultation, found • verdict fur rho
deteadast.