The British Press; or, Morning Literary Advertiser.
London, England, 1803-03-01 00:00:00

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COURT OF COMMON PLEAS, Fitz. 23.
Before Lord ALVANLEY, and a -Special jury.
RICHARD: W. cnoWDER.
This was an ae.ion to recover a compensation in
damages, for an injury sustained, by negligence
and V.-ant of skill on the part of the Defendant.
The present cause was important, as it involved
in some doubt the chara&er of a professional Gen-
tleman, whose abilities are well known to the pub-
-Ik. It appeared that the Plaintiff, who is a poor
man employed in a stocking-manufaCtory, had been
afTMed with a suppression of urine, in which situa-
tion he applied to the Defendant (who is an eminent
;iurgeon in Boswell-court, Cat ey-street) for relief.
lie was received into the surgery, and underwent
an operation: which was judged to be most neces-
sary to eradicate the diso:-der. The operation was,
however, perfcrmed in a manner that occasioned
the unfortunate patient to feel a degree of torture
beyond the pain commonly arising from such a pro-
ceeding, .
From the statement df Mr. Berjeant COCK LE, who
opened the cause, the Defem:ant was intoxicated at
the time the Plaintiff was under his hands, and in

that situation was trying the experiments of a French
surgeon named Dcss'Aux, had projected a rule
of practice in the case of removing obstruEflons in
the urinary passages, that was but seldom followed
by professional men in England. The patient was
reduced to such a state, by the effect of frequently
applying the instrument made use of, that he be-
came so weak through loss of blood, as to be unable
to go home to his abode; he had expressed every
sensation of pain during the Defendant's behaviour,
and at last had considered his life in such danger as
to declare that he would alarm the house, if he was
not suffered to go to his l(dgings. On this assertion
a coach was called, and the Defendant and his pupil
went with the Plaintiff to his abode in Brooks-market.
When they arrived, the poor man was ordered to bed,
and the further operation was again performed ; also
a bleeding took place in the patient's left-hand,
which he at first objected to, alledging that the De-
fendant was not in a tit condition to use the
instrument. While in the chamber, the Defendant

was observed to be mach intoxicated ; he fell against
a table, and overturned a quantity of laudanum
which had Leen brought for his patient. The plain-
tiff; from that time, round himself grow worse from
the treatment he had experienced, therefore applied
to another Surgeon, who afforded him assistance.
The next visit the Defendant made, he observed a
medicine standing on the table which he had not
sent ; on which he appeared much exasperated, and
demanded the Plaintiff's motive for applying to ano-
ther Surgeon ; he was told, that the rough treat-
ment he had administered had occasioned a fresh
application 3 on which he went away, and was
heard to exclaim, Ido nit value what a poor man
like you can do to hurt me." The Plaintiff some time
after got better, but, to the present day, is un-
able to work for his living.
Mr. Serjeant BEs r contended, in behalf of the
Defendant, that the whole of the instruetions
which had been laid. before his learned friend, Mr.
Serjeant Cockle, upon the present case, were mere
inventions, formed to impose upon his client, whose
couduCt had: been highly humane and generous ;
he had visited the Plaintiff's wretched abode ; he
had afforded him the assistance he was in need of,
and had been demanded no return : the present
action was, therefore, a most wicked and ungratefUl
return for that assistance which had been imparted:
No man of science would be found to afford assist-
ance to the poor and distressed in the habitations of
misery, if, after they have given relief, they are to
be brought into a Court of Justice for the purpose
of having their pockets picked, their reputation de;-
troyed, and only for affording that assistance which
humanity had dictated.
It was then proved, by the testimony of several
. • -

. ,
Surgeons, that the Defendant had taken the rebus
lar means for the cure of his patient.
Mr. Scrjeant COCKLE replied on the part of the
Plaintiff, and argued that his Client had received
an injury that nothing but considerable damage:
could remedy.
Lord ALVAN Lkv summed up the evidence, and
left it for the Jury to determine, whether the De-
fendant had by want of skill or Inattention injured
the Plaintiff, or whether proper and regular practice
had been enforced with intention to restore health
to his patient. The Jury t;:ere of the latter belief,
and returned a verdkt for the Defendant.

POLICE.

M ftt Ns' on-H ty r..—Yesterday two men, named
Taylor and Wilson, were charged, before the Lord
Mayor, with stealing a loaf of sugar from Coxe's
quay, 'Thames-street. The sugar was found in the
possession of the prisoner Wilson, who said in his
defence, that he had received it from Taylor.—This,
however, Taylor denied, and said, that he saw
Wilson take it.—They were both committed to
Bridewell, for the present, and his Lordship or-
dered them to be passed to their respective parishes.
Peter Burtzer was charged, by a patrole of
Cheap-ward, who had clete&ed him, in company
with two other men, in the a& of cutting the leaden
pipe, &c. from the church in the Old Jewry. He
produced some of the pipe, a small s.tw, and some
iron, which he found near the spot where the pri-
soner was apprehended. He was committed for
further examination on a future day, when several
persons in the City, who have been robbed of their
leaden pipes in a similar manntry are expate4,l tv
attend.

M

S~ jp,

.

RITTING OF FLO. 21.
• The Minister for Foreign Affairs having repaired
o the temporary place of meeting of the Legislative
Body, and having signified to them that their room
irls ready for their reception, after they had taken
their seats in it, he addressed them to the following
oiled •:
4( The French territory, in a period of fourteen
ages, 1-,:ts gradually been aggrandised by junctions
•Which have either been the fruit of conquests, or the
issue of fortunate transadions.
`" But this increase has uniformly been operated
only under the safeguard of the privileges, customs,
and particular legislation of each portion of the unit-
ed territory ; and France, in her collective state, pre-
sented only an assemblage of different people, who,
almost strangers to each other in language, customs,
Paprejudices, and pretensions, were not at all assinii-
dted by an uniform legislation.
" Louis XIV. conceived and undertook the exe-
eutiOn of this great work. lie was seconded by
men of genius. Plans relative to the exercise of ci-
vil anions, to criminal procedure, to commercial
transadions, and to the principal branches of pub;
lic economy, received the impression of uniformity,
and were consecrated by regulations, which, not-
withstanding the hand of time, still do honour to
the public Administration.
" May the Civil Code, in rendering.nniform the
exercise of every right, maintain and guarantee all
the bonds of Society ! may it blend public with pri-
vate interests ' • present a safeguard to liberty ; op-
pose a curb to licentiousness ; and, in drawing nearer
to our manners, may it assure the influence which
the laws ought so have over them ! may accessary
regulations, in simplifying judicial forms, render
free the avenues of the Temple of Justice, and de-
.stroy that perfidious art, which a sordid interest
and bad faith have created ! • •
" In criminal matters, may a wisely graduated
severity reach guilt and restrain crime ! may solemn
forms protect innocence and secure its rights ! may
the result be solely the produd of positive proof and
precise application ! in no case may the arbitrary
opinion of the Judge supply either fads or prin-
ciples."
The Minister then retired : after which Citizen
DELATTRE was elected President ; and Citizens
GEOFF'S', DEHOURC, VAVISLARC, and SERVIEZ,
Secretaries.
The Legislative Body then declared itself defi-
nitively constituted, and the President spoke as
follows:
" Citizens Legislators—A new Session is about
to commence. Every thing in the Republic is
gaining strength. All your institutions turn upon
a solid axis ; and the regular return cc she same so-
lemnities, causes to be considered with resped to
what had been hitherto regarded only with the
astonishment which a great phenomenon is capable
of producing.
" Citizen Legislators.— This Session will pro-
duce no envy against those which preceded it. If
their happy epoch was marked by those astonishing
victories, the renown of which has filled the world—
by those treaties of glorious peace, which ought to
constitute its happiness—that which commences this
day ought to be illustrated by the benefits which
the gratitude of the people will owe unto it, since,
among the labours which we are about to occupy
ourselves with, will be disclosed the civil code, so
impatiently expeded. It ought, indeed, to be said,
Citizen Legislators, the preceding Sessions, suffi-
ciently fruitful in other respeds, will not in some
measure have been deprived of the glot ions advan-
tage of presenting it to France, but for the purpose
that a greater degree of perfedion should be attach-
ed to the monument which our hands are about to

FRailV CZ.

si•

LEGISLAI I E BODY.

strengthen.
" United in this common centre, we arrived from
all parts of the Republic. We o►►ght all to have seen
that, if the time of prodigies be passed, we are in
that of doing good. It is acting upon with assi-
duity. Every thing is ameliorating, in adminis-
tration, in justice, and in the finances. The different
' worships are organising ; instruCtion is establishing,
commerce is encouraged, robbery is prosecuted and
punished ; and France, consoled for her great mis-
fortunes, may already intermix with the laurels of
her crown the roses of permanent welfare.
" Let us draw closer, Citizens Legislators,
around the Government, which is the author of these
great advantages ; let us afford it our powerful con-
currence ; and let the unalterable union of the first

authorities excite despair in All the enemies of
France."

The 'Counsellors of State, McßAtrtt, BatTix, and
GAILY, having been introduced, the first of them,
charged in the name of the Government with the
ef6ce.ef addressing the Assembly, read the Ettfrosi-
sition of the State of the Republic.
The Presideat then addressed the Orators of the
Government in the following terms :
" Citizens Couniellers fir State : On beholding
the peilisre which you exhibited of the situation of
the RepubEc, it might he doubted whether it is
from pride or duty that Govetiiment presents it to
Trance.

This speech was ordered to be printed.

SITT!NG OF THE 220 OF FEB.

4, Such a pride could not, however, incur cat-
'sure-; for the pride of doing good may be called
'virtue.
44 Yet yon have not, Citizen Counsellors of
State, disclosed *every circumstance. You have
tandeely abrtaaed frim relating what obstacles
the Government has lad to contend with ; what
di:Ecapies have beta vitt mourted ; what efforts have
been ,ueised.: Ten +.ave nOt described by what la-
bours and indefatigable perseverance, have been
-c,btained these successes for whiulswe have to thank
the Consuls of the Republic, and more particularly
-!.'rat •hero, conqueror, and pacificator, who is
eciuncil dircfts deliberation with as much prudence,
-visciont, and genius, as lately in the bosom of
camps, said in the field of battle, he direr the
triumphr and the vWories of the armies 'Ariz Re-
All France, <itixens CcainselLors of State,
feels itself every day more .and more happy.; all
Frenchmen are penetrated with the gratitude which
"hey owe to .the Government which presides over
our destinies.; and it is a most pleasing en.ioyment.
tt the Legislative Body to have to express to .you
*lose -sentiments which eyou 'will. no &alit, not;
weaken in transmitting them to Me inovernmerm."
The President's speech was ordered to be printed.

"

. .

EA•GLis*il CUstcms.

lly antient custom, the Lords Mayors, whzn the
rarons of the Exchequer arc nut of town, are sworn
in on Tower-Hill, by the Constable of the Tower.,
This happened in 166.1, the year of the great plague,
and again in 1741, when the then Lord Cornwallis
was Constable of the Tower. The twelve Com-
pa%lies attended the Lord Mayor, and the ceremony
was performed in great state.
The Spital Sermons, now preached at St. Bride's,
on Easter Monday, Tuesday, and Wednesday, are so
called from their having been first established and
preached at the church of St. Mary Spital (Spiral-
fields), at which the Mayor and Aldermen, in their
scarlet robes, with their wives, were to be present.
The pulpit in Spital church being broken down in
the great Rebellion, the sermons, after the Restora-
tion, were preached at St. Bride's.
New Palace Yard, Westminster, was inclosed
with a wall, and had four gate,. That now lead-
ing to the landing-place by the river was one of
them. Opposite to this was a gate leading into
King-street, near the Santluary. For the " Justs,
Banquetts, and Disguisinl.Ts used at the entertain-
ment of Katherine, wife of Prince Arthitre, eldest
sonne to Henry VII. the great and large space be-
fore Westminster Hall and the Palace was gravelled,
sanded, and goodly ordered for the case of the
horses, and a tilt sett and arrayed at the whole
length from the water-gate well nighe up to the en-
trance of the gate that openeth into the King's
street towards the Salta:tar v." I .eland's Collecianea.
The old buildings nearest to the water are probably
not of earlier date than Elizabeth's reign. A door
is vet remaining, on which is carved E. It. 160'2.
In Chamberlayne's tfadlis Notitia for 1684, Soho-
square is called 41 King's Square in Solax:-Fields
buildings," ar I St. JArnts's-square " the stately
piles in James's-t:elds." in thee fields the market,
now confined to a small spot in the neighbourhood
had been formerly kept. England's Renfilabranter,
1779, contains tire following item : A market
prodaimed to be kept at St. James his fields for all
sorts of provisions, every Monday, Wednesday, and
Saturday ; and every Monday and Wednesday for
all sorts of cattle in the Haymarket, in the parish
of St. Martin's in the Fields. Sept. '27, 1664."
In a letter of G. Gerrard to the Earl of Straf-
ford, dated, Jan. 9, 1633, it is said, " All back-
doors to taverns on the Thames are commanded to
be shut up, only the Bear at the bridge foot is ex-
empted,. by reason of the passage to Grrenwich."—
Quety. Did thistavern stand so farfrorn the bridge
as the present Bear Quay a In a for Mer letter to his
Lordship, by the satire Correspondent, isthe following
passage :—" The Earl of Buccleugh being newly
returned out of the low- countries, where he haat
been long a Colonel, Sir Jacob Astley and he,
coming that day post from Rochester, lighted at the
Bcar at bridge foot, when they drunk a glass of sack
with a toast, putting... instantly to water ; not being
many boat's lengths from the shore, my Lord Buc-
cleugh cried out, " I ant deadly rick, row lack;
Lord, have merry Von me; without more words
spoken he died that night." Letters of the Earl of
Strafford, vol. i. p. 166.
In one of the letters above quoted is the follow-
ing passage :—" Here bath been an order of the
Lords of the Council hung up in a table near
_Paul's
and the Black Friars, to command all that resort
to the playbiuse there to send away their coaches,
to disperse abroad in Paul's Churchyard, Carter-
lane, the Conduit in Fleet-street and other places,
and not to return to fetch their company. but they
must trot afoot to find their coaches. 'Twas very
striCtly kept for two or three weeks, but 11(1W I think
it is disordered again."

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