Northern Times.
Liverpool, Merseyside, England, 1859-10-03 00:00:00

ly for 37 yers, I. cannot help

to take the bread out

trying to do nothing of

John Lawrence was next examined, and said—
Yesterday week I took a prescription to, Mr. Hallows
.t the Old Swan,:.and he made it up for ine. He gave
a bottle containing the medicine. This is. the
[The bottle, was here produced, and had a label
on.it containing the words "J. S. Hallows, surgeon and
dispensing -chemist." -- • -
Mr: Snowball—Who wrote the preicription you took
to Mr. Hallows ? •
Witness—l cannot say, sir. •

Mr. Fitzpatrick—l wrote it.
Mr. Snowball—Then Mr. Fitzpatrick sent it to Mr.
Hallows,, in order to entrap him into doing that which
was wrong. •

.•err. Fiijzpatrick'—Decidedly so. (Laughter.)
The official medical list was put in by Mr. Fitzpatrick,
and it was proved that Mr. Hallow's name as a surgeon
dill not appear in it. He was, however, registered as a
licenied apothecary...

Mr. -Snowball addressed the bench on behalf -of the
defendant, and stated -that the question was, whether'
or not he, being a duly licensed apothecary before the
passing of the act of last session, had not at the present
time a perfect right to practice as a surgeon ? In his
opinion he had that right, because previous to the passing
of the recent act the law recognised his right as a sur-
geon by virtue of his being properly qualified apothe-:
carp. He could not for a moment suppose that the act
of- last session, contemplated, practically, to take the
bread,out, of the mouths of those who had. a legal right
to. practise •as surgeons before. the ,passing of that act.
He did not understand what the feelings of medical
Men might be on, the question ; but lie could understand
what the, feelings. of the community generally, were, and,
he felt certain that they would be ashamed to cane
there and take the bread out of the mouth of a man'
-far aAvanced. in life, 'who had prietised as a surgeon
since 1822. It was a-most disgraceful proceeding,, even
supposing Mr. Fitzpatrick and-his brother surgeons had
the law on their side ; but he contended that they had
not. It was nothing more nor less than a specimen of
professional spite and malignity ; and probably, when-
Mr. Fitzpatrick got back to Knotty Ash, he would be
hissed and hooted out of the place for the part he had'
taken in the matter. (A laugh.)

Mr. Holme—This information is laid under the 21st
and 22nd of Victoria, and we must be guided by the
law.
-- . ' -

Mr. Snowball proceeded to contend that, under an
act passed in the reign of Henry the VIII, the defendant
had a right to practise as a surgeon, notwithstanding
the act of last session.
After some discussion, the bench stated that the
defendant could not legally do so in the face of the
recent act.
Mr. Snowball then contended that the defendant was
altogether ilia differeut_position to a person who had
not practised as a surgeon before the passing,of the act.
The act stated that no person, not being 'registered,
should assume the title of surgeon. But-he could not for a
moment believe, that the legislature intended it to be
retrospective. Mr. Hallows, by being .a duly licensed
apothecary _before the passing of the act, was a re
cognised surgeon, and had a right to call himself one,
still. .

Dir. liolme--You see, sir, that under the act of
parliament of last session all persons practising as
surgeons are required to be registered .as such ; and the
charge against the defendant is, that he•- is practising
as a surgeon without being so registered; and not that-
be is practising as an apothecary. It-is under this last
act of parliament that the infareation is. laid. He

puts the word "surgeon" on his door, ant'. in other
respects holds himself" out as a sutgeola, although not
registered in compliance "with the act.
Mr. Snowball remarked that there was an ambiguity
about the section of the act, and asked the bench to
grant him a case for the Court of Queen's •Bench, for it
was, a matter of the deepest importance :not_only to the
defendant, but to the whole of the medical profession.
Mr. Holm said the wily question' for the magistrates
was, had the defendant broken the law ? And, as they
were advised, he had. He was required to be registered
before he could practice, and he was not registered. He
(Mr Holme) was afraid that, if he practised as a lawyer,
Mr. Snowball would tell him that he was breaking the
law. He did not think that there was any ambiguity at
all about the section. It was clear enough.-

Mr. Fitzpatrick said they would not press for' any
penalty if the defendant would remove the word " sur-
geon" from his premises, and cease to hold himself oat
as a surgeon.

A lengthened discussion ort the construction of the
section' of the act followed, and after a conversation
between the magistrates and their legal adviser,
Mr. Holme asked Mr. Snowball if he: had anything
more to add? • ' •

Mr. Snowball replied that he thought the magistrates
ought to grant him a case, for all his client wanted to
know was the real meaning of the clause in the, act, and
it wasAlesirable to have it settled in a higher court:

-
Mr. Holme said they all knew that in professions
there were frequently local. jealousies, but the matter
before the bench did not appear to be a question of law
at all, but purely a question of fact. Under this act of
parliament, it was obligatory that all practising, surgeons
must be registered, and the defendant's name did not
appear amongst the names of registered surgeons in the'
United Kingdom. The magistrates; therefore, were
clearly of opinion that there was a breach of the law.
If there was a question of law in the case, it would be
for the defendant to appeal against Adz:decision, but
their law-clerk advised them that they had not the
power to grant a case.
Mr. Snowball was .afra
have no DOA* of-appeal.
Mr. Holme--Well-, -they did not think there was the
slightest ambiguity about the act. This gentleman was
practising as a surgeon—he had the word - surgeon on
his premises; and, in other respects, held himself out as
surgeon contrary to the terms of the act.
Mr. Snowball—Then I differ with you as to tf
struction of the statute

lant would

-.0 COll-

Mr. Holme—Well, we are unanimous. We must levy
a small penalty, not the penalty fixed by the act, and
perhaps this gentleman will apply to be registered as a
surgeon under the act.
Mr. Snowball—l am afraid we cannot do it.

Mr. Holme—Then he must take the consequences of
what he does. We_ skall merely levy a penalty of 20s.
and costs, and then this gentleman can appeal,to a higher
tribunal if he so determines. Mr. Horine added that
there was another iuformation against the defendant for
signing a certificate, but perhaps the surgeons would
not think it necessary to proceed with it
Mr. Fitzpatrick said they would not.
had been attained by the decision of the benct
The parties then left the court.

Their object

shot two stags on the 16th, one with antler;of elev

tines, the .Other ten

Pryor, Esq., has had good sport, having shot feurteen
stags, the largest and fattest on the grounds. At Erch-
less astle, Sir Greville. Smyth shot a fine stag. One
was shot at Gildermory by A. J. Wigram, Esq. ; two by
J. R. Homphrey, Esq., at Inchbae ; and one •at
Fannach by the Hon: H. Wyndham, all during the last
eight days—the Fannich head bad antlers. 31 inches.,
long and 51 in thickness. In Dundri...-an forest,'
Glenmoriston, 13 red deer were shot last week by Mr.
Cameron of Climes, Captain Allen Cameron, and L. A.
Grant, Esq.—lnverness-Courier.
WILLS AND BEQUESTS.—The will of Lady Wlieler,
wife of Sir Trevor Wheler, Bart., of Cross House, near
Torrington, Devon, was administered to in the Louden:
Court of Probate, by Sir Trevor Wheler, Bart., the
husband, and George Hume, Esq., the surviving execu-
tors, the other executor, the Rev, George Dandridge,
Rector of Rousham, Oxford, having .died befsre the
testatrix. The probate was limited to property left to
her ladyship by the will of her -father, the late George
Dandridge, Esq, over which she had a power of dis-
position, having disposed of £l,OOO -to each of her
daughters as marriage portions, bequeathing the
residue to her husband, Sir. Trevor, for his
life, and then to her two daughters equally' be-`
tween them. Her ladyship has bequeathed to Sir
Trevor the service of Sevres china presented to her by
the late Sir Trevor Wheler, Bart., has left her set of
diamonds to her eldest daughter, Lucy Penelope, with
other Specific bequests-to her and her daughter Jane,.
and the rest of the jewels,' trinkets, and books to be •
divided equally between them. To her maid she leaves
£2O and her wardrobe, and to her housekeeper £25. The
will is dated the 13th of March, 1858.—The will of Wil.,
ham Edward Russell, Esq., of Swanscome; Kent, was
proved, in the principal registry of the Court of Pro-
bate, by the executors, Eleanor A. Russell, the relict,
John Russell, Esq., the son, and Frederick Stoneham,
Esq., of Crayford, -Kent. The personally was sworn
under £lB,OOO. He has bequeathed to his said son,
John Russell, for his own absolute use, his share in
the trade and husiness of a brewer and maltster
carried on in partnership with John Henry Tlltyey
at. Gravesend, and leaves him all his interest:sin
the freehold and leasehold prethises and buildk ng
connected therewith, and the plant, machinery, • and
stock, with all' the credit attached to tbe :busiY iess.
Leaves to his two other sons and two daughters. i noo
each. Bequeaths his freehold residence and k And at
-Swariscombe, 'and his farm, land, and tonere, eats at
Northfieet, and the produce thereon, to his wif 'e for her
life, and, at her decease, to be divided are- ono.st his
children, except the said eldest. He has left all his
furniture and household effeota Olds -wife ftabsollitely.---:
The Illustrated London News,

CURIOUS LECTURE.—A man named If enault was on
Tuesday brOught before the tribunal of correctional
police, having-been detected by two pr )lice agents just
as he was about to out-off the pocket of a countrywoman
at the Jardine des Plants, while gi ring his' unwary
victim a lecture on the natural histo Ty 43'-f the hippopo-
tamus. The modus operandi of the learned professor.fs
thus described by the agent who ar rested him :—" Ma-
dam," said the naturalist to his stener, "this animal,,
which is also known by the no
,me of the seahorse,
does not much frequent the soci
.ety of man ; it amuses
itself in the water and in mar shy grounds, and grows
fat there like you or me. Wwile alive, it eats rattle-
snakes, melons, and sometim' es its own young ones, as
you may have recently read in the journals of Paris.
(Here the professor pied y drew from his pocket„
a pair of siissors.) The savages make roast beef
of its. flesh, worsted ate ekings and razor-strops of
its skin, and .with its tail they fhbrioate bell'eopes
for their houses... .(121 ere the naturalist, w/'-o had
his scissors in ma rig at hand, gently placed: his loft
on the -pocket—of :th' -Woman. ) After death the are
liable to be stuffed, as .a pmf of_trhich
_ran may see
several in the Mar cum of Natural History this city.,,
Here the Jecture • was:brought suddenly to a close-by the
professor being seized. by the. agents 'just has he was
about to effect, (is coup by cutting off 'the pocket. The
,woman lost t'.,ae conclusion of the exPlr 4nation, but saved
her propert Henault, in his defe' ace, declared that
he was ab' out to use the scissors to ,cut his nails. He
was-cu. .detuned. to twelve months',' 'imprisonment and
dvo veillancee—Ocilignarii. '
ars sur

LIVERPOOL POLICE COURT

[Before. Mr. MANSFIELD.]

-SATURDAY. I MT

ALLEGED EM3EZZLE3tENT AY R.VILWAY CLEDXS.—A
charge of embezzlement- of a very extraordinary cha:-,
ruder has been preferred this week againstaeveral•per--
sons employed at the office of the R._IsT:E. Railway, at
Montrose and Arbroath, and in the general office at
Dundee; and several persons have alreacly.been arrested
by the, Montrose police, and lo4ed'in jail there, as being
implicated in the offence:- The manner in which. the
offence .is said to have been committed was that,' from
the clerk's position in the,office at Dundee, all the tickets
being given into his hands for audit, he had frequent

opportunities of sending back numbers of tickets to 'the.
ticket-clerk at Montrose, who re-issued them as fresh
tickets, and the money draWli fot such re-issue had been
appropriated by the parties concerned in the offence.
This is supposed to have been carried on for a con-
siderable time without being detected. The amount of
moneytaken is variously stated, but it is believed to have
been at least £4O or £5O within the last four: months.
Warrants are out for the' apprehension of one or two
—Dundee AdverSiser.

persons not yet in euStod

THE. CASE OF SMETHURST,—It is natural that . some
misconception should be abroad respecting a person
whom the public had been accustomed to regard as 'a
great criminal. It is no wonder, therefore, that several
Stories should obtain ..ciretilation respecting the case of
.Dr..Smethurst. • A paragraph has gone thrOugh the
newspapers with an air of .accuracy, stating that
_some
new charges against the culprit are in course of investi-
gation. There is little foundation for this allegation
beyond anonymous communications and COMMOD gossip,.
which cannot bear the test olofficial Scrutiny. Thomas
Smethurst is still a culprit Under sentence of death; the
respite. having only been grated dUringler Majesty's
pleasure., But there has not: yet been time for the
Secretary of State and the Chief Baron to go througli
the volUminouS documents bearing on the case, to enable
the Crown to come to it decision as to what commuta-
tion of the capitatientence it will be right to advise 'the
Sovereign-to extend, in a case that is beset with so many
legal and professional disputes.—Obserrer.

THE DEER FORESTS.—The gaities of the Northern
Meeting brought together • numbers of deer-stalkers,
who were all greatly interested in the show of this
year's stags' heads at Mr. Snowie's. They were pre-
notinced to be. a choice collection of forest kings, equal
to any shown for a number of years.
.Sportsmen who.
preferred glen. and corrie to the ball-room and High-
land games, have had excellent . sport. At Ceanacroc,
during very wet weather, the party shot . some large
stags. Four good stags were. killed on the. 21st,- three.
of .them by Lord . Dacre. , His lordship shot a--royal
stag and one with litines right and. left. The four
stags averaged in weight 17 stone :—one of
18 stone 12 lbs., 11 tines ; one 16 stone 12 lbs., 11 tines;
one. 16_stone 10 lbs., -12: tines ; and one 16 stone 5 lbs.,
nine tines. On the 24th, in the same forest, the Earl of
Tankerville and the Hon.. H: Brand .shot a stag each. .
`there is reason to believe that such' "nexvspapers. have
At lienlochewe, the Hon. A Vereker shot a stag on the
hitherto been allowed to pass ,•unchalleriged. It has,
,30th of August, and J. F. Basset, Esq., four stags, two
.therefore, been 'decided, under the eircunistanceo, to
of them being very fat and in excellent condition, one
of which had antlers of .eleVen, tines.: On the moOr. abstain from charging newspapers of this kind with
ground of the same • shootings, J. F. Basset, Esq.-,'
postage until the Ist . January next, and to allow
W. Basset, Esq., and the Hon.. A. Vereker have
publishers .of newspapers- and news-agents in London to
bagged 170 brace of grouse and 40 hares. ' On the use up; during the interval,- any stock of Covers which they
16th of September, J. M. Heathcote, Esq:; jun., killed
three roebucks in may have on hand with -the objectionable words printed
the Gairloch woods. In. Gairloch
:Andrew St. John killed a good stag upon them. It must, however, be. distinctly understood
forest, the Hon. St. thatthe newspaper regulations will be strictly enfOreed
and a hind on the 21st September: Mr. St. John also.shot
two roebucks in one day, and= a very large one another froxi the commencement. of the next year." —.Rowland
Hill, sc-cretary.—General Post-pffice, September, 1859.
'qv. In Guisaehan forest, General . Sir George Brown . REPRESENTATION or AYRSHIRE.—In reference.to the

POSTAGE OF TAMPED IERIGDICAL PUBLICATION'S.—
The following notice has been issued from the General
Pest-office :—"According to the Tegulations affecturgthe
transmission of .stamped-:publications through the post,
as laid down in the British Postal Guide, there must be
nothing printed on. the cover of a newspaper, but the
name and addreis of the persen to whom it is sent the
printed title of the publication, and the printed name-and
address of the publisher or vendor who sends it. It ap-.

pears, however, to be the practice of many n'eivs-agents in
London to have other words • than those specified above,.
printed on the covers .of the mewspapers sent by them
thrOngh the post

from; &C;

circular from Lord (

r to the tenantry,

'CAL DRAMATIC, LITERARY,
ARTthTIC NEWS -AND GOSSIIi,

AND

andFEL
A ratherC owa nni..v ruffianly'
looking fellow, was charge_: a
charl36-weo:l ( known whether the receipts of the late Musical
4‘..11 the accounts not havizlgibeen made up, jit is not
assaulting a yoinig• man named Hughes, and Police- F, ,rival at Gloucester will cover the•expenses,l3ut it is
officer 484. On Friday evening, Hughes, who, is lame, eNoi).?cted that the stewards will have to adrance)a small
was coming out of the Roman CatholiC Chapel in Park- su .
, •

lane, -when the prisoner came up to him, and, without a ----
Mr. and Mrs. Charles Kean are, we understand, to
word, struck
,him, knocked. him. ,down, and.kicked him.. appear at the Plymouth Theatre on the 12th,;to com-
Police-officer 484, who witnessed the assault, at once m !nee a short engagement. They will be accompanie4
took him into custody, when he set upon him (the by Several other old favourites of the Princess's Theatre•
officer), and gave *kiln several severe kicks about the We may as well inform our gentlemen re;aders'at
legs.—Neau was fined int£2 and costs in each case,
,once, says the Literary Gazette, that Miss Louisa Kee'
or four Months iinprisonment. -ley is martied—his been so some little-time' the cere-
THE GANG 9F HousEnuziKuns.—Detective-officer -nony having been achieved in Dublin, and the _Wedding
Scaife brought up .a man named Richard Rolins, a will be a happy one on the understanding that short
notorious housebreaker and a returned convict, as being courtships make prosperous marriages. '
a suspicious chaiacter. It will be remembered that i Mr. - Robert Chambers is engaged- upon a _work that
Scaife "and Kennedy arrested three of the prisoner's I will excite much commotion in the literary; world. me
companions in Pox-street, on the night- of the 7th of has a volume in the press refuting the antiquity of the
September, but Rolins succeeded in effecting his escape. Scottish Historical Ballads. We (Critic) heat that he
On the men arrested that night, there were a considers them to have been written in the eaf/Y part
number of housebreaking implements found.—Mr. of the eighteenthcentury.
Mansfield committed the prisoner -for three months, Mr. and :Mrs.- -Laclilan 31.0owan, the Australian
under the. Rogue and Vagabond Act.-..--[lt appears that comedians, who appeared in London last June, have
Rolins is one of the .mostinotorions burglars in. England."" ibeon engaged by the management of the Theatre Royal?
He has been twice transported—once for twenty yPrst; .Manchester, for the winter season. _
and once for seven years—bUt. he is now at large on a The city of Paris has purchased the Theatre ,LYriillie .
ticket-of-leave.] ' - . . ' for the sum of 1,400;000f. - The eity'enters. into posses'
- sionon
whenthe
the theatre
bbeutpniloitetdhintwisn,yeitioras decide
as toto
the amount of indemnity to be paid to, M. Carvilho, the

•directo:

There is . some. talk
~of establishing
board-the Great v astern, not only tl_ _
.
of passengers, but also as a means of communicating
instantly on her arrival all the, news she brings. The
project will, of course, require floating capital.'
Xaenaillan's _Magazine •willinake its apratance on
the Ist of November:-. The editor .is to .be Professor
Masson, and among the leading contributors are naml
Mr. T. Hughes, the -author of .".Toni BrOwn'd School
Days." - Mr.. Hughes;. we perceive, is to continue DP
famoui narrative of the life and 'adventure& of Tom
Brown. The hero whose • " schoo/ days" have been
admirably depicted. is-to,go to Oxford. . „0
"-In Amenca," the Rooksiller's .31-editint sacs, "

newspaper 011
entertainnierl_

. ,
- -- •
average ' issue of copyrights fOf books- for satin Yea —t ~,,
pas; so,. far as •may be ascertained, has beau abo4f
3,000 per annum.
.:New York leads' in the number oa
copyrights,• and 'is followed by PennSylvaiia 311
gassachusetts.- . . - .
_.

• _
The reading world will hear with pleasure that a Del
work from the pen of Mr.:Wilkie Coiling is announce
for immediate appearance by Messrs. Hurst and ilacke't
It is in three' volumes, and beais the attractivn-title
" The Queen of Hearts." "
-

The editor and. proprietor of the, _Friend of Ott
after 25-years' residence ins the country, advertises no
paper-`fur: sale. It 'yielded- a- clear profit of i4o°' ,
the.first quarter of this year: The troeeeds of the-3g
xertisements alone pay all but editorial eienses. 1 ~,,r0',,5
Kong has three'daily, one semi-weekly, one weekly) 311
three,monthly papers

+ gr.
v,Vil guru_ .0 •
teof several Greek and 1,34110
-144._Greek.Lexic°,11,.'„,

£7O a year has

A pension of
Charles• Duke Yonge, autl
schoolbooks—notably of the-4
and the " Phraseological
for literary 'services.
Four hundred and sat

• ' f
of the Churc.:, °.,

England; says the Town-Talker Of the ///ustratqisef;
have petitioned her Majesty. to 'abridge and revise ,
Book of Common Prayer. So far so well ; lAA wili,ed
those 46Telergymen, sober, earnest, memorialise :4
Majesty- "to exehan,,,e all-ebsolete terms in the Bo?, 'e
_ .

Common Prayer for -others now more appropriate," ;
tremble- for our Bible, our S'Jakspeare, and 014 133c19e:
should such 460 men take our Bible, our Shaslle
and our Bacon- into their, editorial supervision bat
erect drinking-fountains, but, it would seem, ar.e. 9'y

to dirty our Tells of En'glish' undefiled
Once,a
realised. to
prOspeotus. The'impOrtant dbpatti

says a wr

ie weemy
wingpromi4es itS
kent°of 'histatlt, ho j'
d in that na-rtodical•
Samuel .41a" the
Idonk living:writers,
,n to treat of; ilist4ll
I,„„QQ -Eij book,

ever, remains as, yet unremesel
Why should this b

On
more competent than that.gentl

andwhc

with jacc,rmen
entitled " Histoiy, a Cmdit
contains• irrefragable pnoefe.of.

our,. and f

of Social riogres.;:'
:utb.ors great.capabnv
illy one of, ayx safeo,l
of backward time

tion, and is

ties in this c
litre -guides over lithe IS

A..eowatry friend (says-the
from a country newspaper,
signs-hiinse/f " The Am-flier (
' "

espar►si

requiring them to give their vote.ruu
of Mr. Campbell of Ctaioie, the Ayr Observer states.
"on very good-legal autherity,- that it is quite sufficient- ',with ti
to void Mr. Campbell's return before a Purliamentary attack on it

-~-

um) set