The British Press; or, Morning Literary Advertiser.
London, England, 1824-09-09 00:00:00

WESTERN CIRCUIT.

BRISTOL ASSIZES, SIPTIMILI 7.

Iliyi.re • Special Ju►y.

atcnaaoa (WIDOW) I' •
lit. MANNINO omits' the pleadings in this cane. The deafen-
thin stated, that the defendant was CI surgeon, and was employed to
tedore adislocation, which he did not reduce ; but, uo the contrary,
tr.:west it an unskilfully that it h-d nevi been cured ; the damages
were laid at 1,0001.
)hr. Sergeant Pitt observed to the Jury, that he hail the
hoooor to appear belie, them OR that day as Counsel for the
phi/miff m tius case, who was the widow of • person named
Richards, who died last January. Ile e.,uld assure them that the
pasted was a miestion of no she'd importance, whether they (c-
yanic-a it as affecting the pinintiflor the defendant; with reference
to the hoer, if it shod; he proved that he either did out toting
competent skill to the task he bad undertaken, or, mos.:ming skill,
Mot WA used due diligence in the exercise of it, his future prospect'
it. life must be blasted. 11'ith regard to his unfortunate client, who
wa, at this moment suffering under the most excruciating pain, it
was moat important to her to receive that compenration at the
ino.ds of a Jury, whirls could at all soothe her sufferings, by giving
11-r 'el opportunity of procuring those comforts that her desolate
situation so imperiously called for, If she were now suffering in
consequesee of the negligence or itmotance of the defendant.
lluwestr, he was conlideet the fientlemen he then had the honour
et addreming would bring to this question unprejudiced minds, in
proportion as it was one of vast imporumee to the parties con-
cerned, and that they would not suffer anything they might
have heard nut of Conti to infinence tit it decision that day.
But, however, the knowledge of the Jury as to the circum-
stances of the ease, which they must have heard, would not
sender it natessary for him to go so minutely into theot as
othetwise he ahould have felt it his duty to have done. The out-
line of the case was this s—thi Sunday, the 211th of September, in
the lasi year, the plaitailf was driving out with her husband, who
ow, since dead, in a gig. It was alumt twelve o'clock in the day.
They we-e driving through the vtila;e of Felton, when Mrs.
Richards was thrown out of the gig, and (halm-idea her hip. She
was curie! to a public.hotiae at Felten, where she remained for a
week. Oa her arrival at this politic-hoax the defendant was sent
1.. r. who examittid the iltjureal part, and pronounced it as his
emiiion that the right hip was dislocated. The defendant used
means to reduce the dislocation, and at the end of a week he stir-
fered her to be moved to Tlsoenbeiry, a distance of seven miles, to
the house of a relation of the plasma's. of the name of Smith.
lie sl mild prove by a w*.iness named Short, that previous to the
teutural of the plaintilf, lie had asked the defendant whether
!lbs. Richards was in a proper state to be tenioved. as one
of her lege was two or three inches shorter than the other?
The reply of the defendant was, that she was doing as well as she
could; that she only remain' rest and a little liniment that lie
had supplied her with. It ass mural unfortunate that the wife of
Short, 11/110 anemic,' the plaintiff both at Felton and Thornbury,
was recently dead, which deprived his client of a must 'meats'
witness in her (111111 C. The plaintiff was renewed with the greatest
care to Thornhery, and et the end of three wi eks her sufferings be-
came so great that she was obliged to call in two surgeons of this
city, of the moms id' Doer' an Went, and he could state, that in
their opinion the ,1,-Inctei.in had never been reduced. lie ender.
staid nothing of the mei, ',era of medicine or atiatmny, and therefore
be did not spoilt authorilatively, but, in applying common Perim to
the subject, he thought he might assert. without fear of contra dic-
tion. that the longer disloeation was berme it was reduced, the
greater want; hi the difficulty in reducing it ; and at certainly was
a must singular eireun,stance, if the dislocation had been originally
reduced, this it should again have occurred, when every care had
been taken in the removal of the patient front Felton to Thotnbury,
sod evely enetalon paid to her on her arrival there. Ile was
ready to allow, that no medical man could or ought to gua-
rantee the care of any patient; that &mended on a Higher Tower
than his ; but every twrson placing thcinselvei under the care
of a medical man hail a r'mlit to expect that he would bring
a competent portion of skill to the management of the coal-
plaint lie was called upon to attend. Ile (Serjeant l'ell) was
himself a professional man, and he well knew how delicate it thing
it was to impugn the character of any gentleman in such a situa-
Stub ; but the Jury, he was ennildert, would not only feel for Mr.
Perry, but also far his poor client, who was now euffising under
tact otiating torture. In their probably natural desire to aercen the
delcuslant, if it a ere poothle to do so justly, they would not, he was
sure, forget the ditty they owed to the plaintiff; but they would
hold the balance of justice steadily and timily in their hands.
,th thus impreeNion on his mintl,'lte would cheerfully leave the
easee of the plaintiff with them, being convinced that if they
thought her wronged—and he believed they could not think other.
wile—they would endeavour to compensate her, as far as damages
could do so.
John Carter sworn—l am a smith. I was at Felton on the
;lefts of September last. I remember an accident taking place there
on that day.
'This witness then went into the partiekhos of the accident dia.
etceterad to the plaintiff on that deg.]
ReMandu Prosser also proved that an accident OCCIITITAI to plain-
t:ff on the 1113th of September, and that he fetched Mr. Perry to
anent her.
John Short—l was foteinan to the late Mr. Richards ;he died
in January last ; on the hilt October I saw Mr. Perry lit Mrs.
Richards's room. at Felton. On that day I asked my wife and
Mrs. Rtehards, Mr. Perry being present, whether one of her legs
was not Omelet than the other. 'film. Richards was then about to
be removed. Mr. Richards inquired of defendant if him wife wile
it. a fit slate to be removed. Ile said the was, and only canted
re,t. She was &heroin& removed. I was present, and assisted.
.she was placed in a covered cart on springs. eith a bed in the
bottom ; her feet were covered up, and she was attended by Mr.
l'erry previous to her going She was removes' to Thoroftury, about
seven miles from Felton. r afterwards asked Mr. Perry if he were
sure that Mrs. Rifilalllll.ll leg was put in its proper place ? Ile
said it was. I then asked hie, if it would nut be proper fur her to
apply to a medical Ulan tit .11)0111111Ity. Ile assured me there was
:10 occasion; ail she wanted was rest, mid to use the linimeat he
bad given to her. I was preset,. Si an ojwnition upun Mts.
Richards in Novcreln-r. 6u three or heir tiny* nfter I had a rimer-
&stem with slefesitiaet. 1 asked him if be recullerted being called
In to attend Mrs. Richards some time heroic. lie said he did. I
than asked him how he came not to set her hip at the time ? lie
wed lie thought be laid dime so. Ile then asked how Mrs.
Richards was ? I told hint I thought dangerously ill ; and that I
erilied epee him to tell him if he did ten make compensation to
Mrs. Richanin for the illness she was then suffering, in conacquence
ut his neglect, anticline would be eintimentard against hint.
Crow exunista il by Mr. Sergeant Wit DE—So you are a journey-
man shoemaker ?--I ant.
fln you panne any other occupation ?- I cannot env.
I ask you whether you public any tither uectipation ? that is what
I say to you.- cannot say. S'r.
I will flare an answer. jeltrou pursue any other railing beside*
shoemaking ?-- I get my lionestly, by making shoe,.
Do you not, for amusement, histreetion, or profit, pursue any
miee- calling ; in a word, do you not o, easlonally expound it—No.,
Nor preach ?—No.
You will sorter that you never huh' forth ?—Never. I bray, as'
hope you do.
1,, answer to other questions the witness admitted that Mri.'
le,..iiertie had something the matter with her feet a month or two
.ltature the incident happened.
Mrs. Sarah Smith-1 ant a rehition of Mrs. Richards. I wcr.t
to Felton after the sodden.. I saw Mr. Perry there, who can the
Illocday examined the plaintiff. I then observett the foot and
Inee turned in, which I mentioned to Mr. Perry. He said no-
theng was the matter, and all was right. I left IFCIIOII on the
Monday night, and on the 11th October she came to my house et
Thoenbury, where Mr. Printer and Mr. Salmon, two surgeons,
new her about three weeks aftertaste's. Mrs. Richards was fa. a
pithier at my house. Ned luid nevi; been out of bed but for
the purpose of hostile it made. Mr. l'erry handled thin leg at
Felotn.
t'aoss.examined by Mr. C. F. it it.I.IAMSII was the fourth
week before Mr. l'easter and Mr. Salmon web: calk' in ; the knee
was a good deal turned in. When INW Mrs. Richards at Felton
she was bolstered up high. •
litlicia Ilowsis.-1 am a rela.ion of MIL Richards; I am her
sister. I was at Felton uo the Friday After the accident ; Mr.
l'etry was there. I asked him if the hip was in Its place; he an-
swered that it was. (This witness confirmed the testimony of the
preceding ones as to the remittal of the plaintiff from Felton to

'rborLbury.)
Mr. Thomax Smith.—l aty husband of the last 'rituals. and
hoard Mrs. litichuras ask Mr. Perry if the cart were tit for her to
tie conveyed to Thornbtiry in, and it she were in a state to ge. lie
said " Yes." I said I thought all was not Tied, aid asked if
Mrs. Richards' should not have better advice? Mr. Terry said the
only mums, rest, mid to USU the liniment he had given her.
Mr. Salninn.—l ant a surgeon, and ass railed in to attend Mn.
Its:bards ; I don't know the slay. I examined her hip. It had
the op ofbring dislocated. My opinion an that it wag nut
seduci le.
Mr. Pews.er—l am a sark.on at Thornbitry, and maw Mrs.
iLcharda the day she was removed to Ihistol. I examined her
leg. The knee and leg were turned to. and the heel outward.
line leg was three inches shorter than the other. I examined the
hip, and fund a dislocation of the thigh-bolie, rioting on the
dor tam of the
Alt. [bury tirant —1 silt 3 surgeon of Bristol, and attended Mrs.
Itteliards reale time for an ulcer in the tout. Ilex general state of
health was tolerably good. In Scptember she motored to l'horn-
Wry for e!noige of air. 1 again attended let in November, and
esti sssss her. 1 found the hipbone lyiLgun the &roux of the
*Man, and one foot two or three inches higher than the other. In
the 7th November an operation, with a view to the reduction of
the drilocAtion, was resorted to. (litre the witness dearribed the
arransvints.ts made with pulleys, :se. to carry the operation into
edict.) The operation. must have been painful in conacquence of
tar complimtiou of the nutcbinery necessary for tie attempt to re-
docerthe dislocation. I was obliged at length to desist from the
as -.mint to reduce the dislocation. I can not form ary opinion as I
to the length of time that it had ;Aimed.
Mr. ant a alltrt'lla in Itiistul, and have been an for
seventeen yenta. I attended Mrs Richards with the last witness
on the 7th of November. (The evidence of Mr. Daniel corres-
pqnJetl tweet:4ly with that of Mr. (irant. as to the state of the
*alai a', 11) attd hip.) I sin of opinion it was not a recent d,s-
I. izatie. The turning of the loot soil knee ale plant symptoms
t..st theihaloration is not reduced.
71r. Se-reant PELL said that was his case.
:dr. Sergeant WILDE, for the defendant. matured the Jury that
~silt-1 witnesses, not because he thought the cue required it
tottnally • still less did ha think It neeeseary, titan the manner in
wh.ch his learned Mother Pall had left it but lie ea/led theni fee
sake of the character of his chant ; tin thee all knew that the
;Ammeter of a pet:l6lmM Mil was ItLe a fhb 's character, and