The Sun.
London, England, 1855-11-28 00:00:00

NOVEMBER 28, 1855.

THE SUN, LONDON, WEDNESDAY EVEN!'

guelneiri dor e
this day.

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Compan,

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LAW INTELLIGENCE—(This Day.)

QUEEN'S BENCH.
(Before Lord Campbell and a Special Jury.)
THE QUEEN V. KING, AND KING V. SAVERY.

This was a prosecution and action arising out of a
misunderstanding between Dr. Ki❑g, physician, of
Saville-row, aad Mr. Savery, chemist, of Bond-street,
of the firm of Messrs. Savery, relative to certain com-
plaints Dr. King had made to the firm of the manner in
which they conducted their business. The case was
taken at the time before the magistrates at Marlborough.
street, when Dr. King was bound over to answer any
i❑dictment that might be preferred against him for an
assault. A bill having been preferred on the applica-
tion of Dr. King, it was received into this court by
certiorari. Dr. King subsequently brought this action,
and it was arranged to-day the same jury should try
both cases, and that the action of King v. Savery should
be first heard.

Mr. James, Q.C., and Mr. J. Clerk appeared for Dr.
King, and Sergeant Shee and Mr. Gifford for Mr.
Savery.
Dr. King deposed—l am a physician, residing at 17,
Saville-row, Bond-street. In April, 1853, I had a friend
named Captain Thompson staying with me, who pur-
chased a gazogene apparatus for me of Messrs. Savery.
It was found to be faulty, and was returned to Messrs.
Savery for repair. In the autumn of 1854 I had to
complain of the manner in which a prescription bad been
made up at the defendant's establishment. In May,
1855, Captain Thompson again visited him. At that
time I had every reason to believe my complaints had
not reached the heads of the firm, and I wrote
a letter on the 21st of May to the firm stating that it
was necessary for the credit of the firm that one of the
principals should call on him that day or the following ;
that day the defendant came to my house and was shown
by my servant into the room in which I receive my pa.
tients. On entering I requested him to sit down, and
on the retirement of the servant I said, "Are you
aware of a correspondence that has taken place between
me and your house t" Defendant replied, "She was." I
replied, " Then you took a part in that correspondence
He said, "Yes." I said, "I will go over the various

transactions I have had." I said, " The first time
went into your shop was to purchase an ounce of sul-
phate of iron, when I tendered half-a•orown in payment,
receiving ls. in change too much, which I returned to

the assistant, who said, " You ought to have accepted
it." I left the shop without making any reply, being
determined to report the circumstance to you by letter.
When I got home I found .the sulphate of iron was
unfit for use, which broke my confidence in the
house, and I resolved not to write to you or take any
notice of the two circumstances. I then went on to

the other matter, the purchase of the gazogene,
which was found to be faulty, and returned for repair,
and said "that has never since come into my possession."
I went to the third grievance, saying, " Then there is
Major Ford's letter relative to the prescription for his
wife, of which you did not keep a record." Upon this
Mr. Savery rose from his chair and said, "You are no
gentleman, a disgrace to your profession, and a d—
scoundrel." I replied, "My case is at an end ; I have
nothing further to say to you. Capt. Thompson is in
my house, and he will tell you that he knew nothing of
the gazogene from the moment he presented it to me."
The defendant had an umbrella in his hand at the time,
and approached me with it in a threatening attitude,
holding it by the middle ; he was almost close to me,
and I retreated towards the bell and rang it twice,
according to an established rule, that it was for the
servant to come to that room ; buy before the servant
came up I told Mr. Savery that my sole object in
sending for him was to prevent Capt. Thompson's
family, who had dealt with his house for half a cen-
tury, being aware of the defective state of the
gazogene, but that I would send for that gen-
tleman, who was in the house at the time.
The servant made her appearance, and I directed her
to Worm Captain Thompson that I wanted to speak to
him. She replied, "I have just let him out of the
house." I said to Mr. Savery, " Captain Thompson is
not here, and therefore I have nothing further to say—
Captain Thompson shall call upoLi you." He said,
"You must hear me explain." I said, "The corre-
spondence I had bad with the house explained itself if
he took a part in it," and I declined saying "I was
satisfied now the heads of the firm were aware of it."
He repeated the epithets that " I was a d— scoundrel,

no gentleman, and that he woula report me to the Medi-
cal Board." He had ceased to make any threatening
attitude, the servant being present. I requested him to
withdraw, and he said he would not. I then went round
the table to avoid a collision with him, left the room,
and passed on to the front drawing•rooni. He
rushed after me and tried to force his way into
the front drawing-room. I succeeded, however,
in cloning and boltint; 41 d.or, on wh;,36 ho
struck the door violently, saying " Come out," repeating
again and again the epithets above stated for at least
five minutes. The noise having ceased, I opened the
door to return to the library, where I had had the inter-
view with the defendant, believing he had left the
house ; but I found he had only descended about six
steps of the stairs. Seeing he was quiet, I went
to the library, the defendant at the same time rush-
ing up the stairs, and endeavouring to force him-
self into the room. Befors I could fasten the door the

defendant had thrust his umbrella between the door and

the jam, and I lifted my right arm to defend myself, in
doing which I received a severe wound of an inch and a

half in extent on my right wrist. I then succeeded in
crushing the umbrella between the door and the jam,

but was prevented from cloning it owing to the silk.
Savery forced the door open. I resisted his entrance
into the room, a scuffle took place, and we both fell
down on the landing. I took the umbreila from him
whilst he was down, and I said to him " If I let you up,

sir, will you go quietly out of the house." He said he
would, but on his getting up he rushed at me again.
I threw the umbrella from me, seized him, and threw
him. I asked him a second tine if he would leave th e
house if I let him up. He said ).3 would, and on getting
up he asked for his umbrella. I said, "No, that has
done quite enough mischief."
Lord Campbell—You retai'ed that as a trophy.
(Laughter.)

Witness continued—" When rou are out of my house
my servant shall give it you." He continued to aik
for the umbrella, and I afterwaids gave it to him. He
then went down the stairs, shere he met a patient of
mine named Ross. I said to he). "Ross, see Mr. Savery
out of the house." I returned ;o my room and resumed
my occupation. My hand was Paralysed, and the wound
bleeding profusely ; the ferule (f the umbrella had been
broken off, and I afterwards fiund it on the floor in the
room, near where I was struck The umbrella was much

broken—the whole thing to piAces —by the c'osing of the
door. I had not a stick in my hand during any pact of
the transaction. I went afterwards with Dr. Bridgman
to a consultation, and showed lim my wrist. He dressed
it, and attended to it for three DT four weeks. I had not
one action of the wrist for four months. On Wednesday
following he received a summogs, at the instance of the

defendant, to attend at the Marlborough Police-court,
when I attended without couneci or attorney. The de-
fendant had professional assistance. I wag bound over
to answer any indictment that night be preferred against
me. I commenced an action ,minediately after.

Cross-examined by Mr. Sergeant Shee—l had no per-
sonal acquaintance with the defendant till 23d May, and
no cause of grievance other tau I have named. The
correspondence respecting tae differences ceased about
Sept. 14, 1854. Between ttst and May, 1855, nothing
had occurred to cause any father disagreement. I did
not at the interview with Ahe defendant say, " I con-
iisgraceful, disreputable, and
sidered it one of the most
dishonest transactions thal any house calling itself re-
spectable could be guilty if." At one part of the inter-
view, defendant said, "Ibese are very hard words for
me to bear." That was rot after he said the correspond-
ence with his friend was with his concurrence. I did not
say "The first time I wasih your house was when I bought
some sulphate of iron, And that it was the most dis-
graceful preparation I lad ever seen." I have no recol-
lection of his saying, ~you appear to think everything
?nth my house." In reply to a
disgraceful connected
vs to the correspondence, he did
question from me relai
not say it was of suet a
nature as he had never before
received. Mr. Savo! "'ld he " would not leave my
house by being turned out like a dog," or something to
that effect. I did nit slam the door of the drawing-
room in his face, nci did I see his hat caught between
the door and the
jail and c i
rushed. I positively swear
I had not a stick at
any time n my hand during the
my servant before the magistrate
transaction, although
said I had at one time I did not strike him over the
-
face and head wit' a stick. I might have struck him
with my hand. I ffaS not aware that his face and mouth
were cut, and thai blood was over his shirt. I never
saw it, but my servant said .she saw a little, and that she
saw his face was out. lam not aware what he meant
by reporting me to the Medical Board. I did not state
before the magistrate the nature of the wound I had re-
ceived onfthe wrist.

vv
Louisa Smith, servant to the last witness, deposed
admitting Mr. ,savery on the day in question, and to
her being afterwards rung for. On going up she saw
the plaintiff and defendant in the library, and plaintiff
desired her to show_ defendant out aon house •
_ _

.~

defendant was using abu,ive language to the plaintiff.
The witness described the defendant's refusal to leave
the house and the plaintiff rushing to the drawing-room,
followed by the defendant, when the latter's hat was
crushed i❑ the door. Defendant used abusive language,
and I said to him, " Pray don't stand there irritating
my master." In the scuffle that afterwards took place
Mr. Savery said " You ought to be ashamed of your-
self ; I arn old enough to be your father." Dr. King
said "I know that, and that is why I am so lenient to
you." I saw a stick in Dr. King's hand, but it might
have been the stick of the umbrella. Dr. King does not
use a stick. I never saw one in the house. I did not
see Dr. King strike Mr. Savery with a stick. I told
defendant if he had gone out of the house when he was
requested, this would not have happened.
Cross-examined—l don't think I said before the ma-
gistrate that my master had a stick in his hand—it
must have been the stick of the umbrella.
Mr. Ross, one of the Yeoman of the Guard, and who
was one of the eight men who went in search of Sir J.
Franklin, said Dr. King was surgeon of that expedition.
He met the defendant descending the stairs and heard
the doctor request the defendant to leave his house. I
said "Come, sir you had better go—the more quietly the
better." Defendant said, " That servant (meaning
last witness) says I have insulted the doctor." She
replied, "Yes, sir, you have, very much ; it is all your
fault." I don't recollect the defendant making any
reply. I said to him again, " Come, sir, you had better
go out ;" and he went down the stairs, and I opened the
door, and let him out. He went out, and then wanted
to come again, but I put my shoulder to the door and
I shut it.

Mr. Bridgman, surgeon, deposed to the wound on the
wrist of the plaintiff, and his attending him for it about
three weeks. It was a serious wound, and might
have resulted in a stiff joint, which would have prevented
the plaintiff from following his profession.
Evidence was given of the commencement of the ac-
tion to enable the plaintiff to make his statement before

a jury.
This was the plaintiff's cue.
Mr. Sergeant Shee addressed the jury for the defend-
ant, in the course of which he adverted to the dexterous
course adopted by the plaintiff in bringing this action,
and its being tried first to enable him to make a state-
ment, which he was deprived of doing under the indict.
ment. He, however, felt satisfied they would not allow

CRIMINAL COURT.—(This Day.)

their minds to be prejudiced by such a proceeding, and
hoped he should be able to show them that Mr. Savery's
conduct in this case was such as became an honourable

man, who was satisfied the complaints made by Dr. King
were unfounded. The learned sergeant then read the
correspondence between the plaintiff and defendant in
1854, in which the plaintiff charged the defendant with
their business being grossly mismanaged, and the last
letter written by him in May 1855, in which he stated it
was necessary for the credit of the establishment that
one of the firm should call on him. Mr. Savery under the
circumstances thought it his duty to call on the defendant,
thinking there were more serious complaints than a bad
gazogene, and a misunderstanding relative to the return
of Major Ford's prescription requiring investigation, and
accordingly called on Dr. King when that occurred,
which was different to that stated by the plaintiff. The
learned serjeant then detailed the defendant's statement
of what he said really occurred, and whom he should call
to substantiate it—contrasting it with the evidence
given by the plaintiff, and that portion of it confirmed
by the female servant relative to the crushing defendant's
hat. He also commented on tho statement of the ft).
male servant before the magistrate, when she stated she
saw the plaintiff with a stick and an umbrella in his
hand, and her evidence to-day.
Mr. John Taylor Savery, of the firm of Savery and
Co., deposed that on the 21st May, 1855, he called upon
Dr. King in consequence of receiving the note from him.
He was shown into the library. Dr. King said to me,
in rather a brusque manner, "take a chair, Mr. Savery."
I did so. Dr. King also seated himself. lie asked me
if I was aware of the correspondence that had taken
place between him and the firm. I replied yes. He asked
if it was with my sanction. I said yes. "Then you take
the part of your people in this transaction ?" he asked.
I said, " Yes, I did ; from inquiries I had made I had
every reason to believe they were right." He got up
from his chair at that moment, and in an agitated state
walked backwards and forwards in the room, and said,
" Then I consider that to be one of the most disgraceful,
discreditable, and disreputable transactions in
any house that calls itself respectable." I said,
" Sir, these are very hard words for me to hear ;"
to which he replied, " I repeat what I say ; and as a
proof of the bad management of your house, the first
time I was in your shop was to buy some sulphate of
iron, and a more disgraceful preparation I never saw."
I said; " Everything appears to be bad in your eyes that
comes from my establishment. He then said, " Touch-
ing that gazogene apparatus, if Captain Thompson is in
the hou.ib I will owl! him hAfmm yon ; T have navpr
mentioned the subject to any one yet." On that he
rang the bell, left the room, and went on the landing
place, where I heard him ask if Captain Thomp-
son was in the house the answer wal no ;
he returned to the room, and I said I should be happy
to see that gentleman any other time. You have sent
fur me for an explanation. Will you hear what I have
to say 1" He said, " No, I will hear no explanation,
nor enter into any particular whatsoever." I said, " you
have sent for me, sir, you shall hear what I have to
,ay ;" he said, "he would not ;" rose and rang the bell,
violently. The servant came into thr room, when he
.aid to her, "show Mr. Savory my door." I was
taken by surprise, and stared with astonishment. I
said " I will not leave your house in this manner—to be
turned out like a dog." He replied, " You shall," and
passing behind me to leave the room, I, not knowing
where he was going, endeavoured to follow him. He
ipened a door ou the same landing and I endeavoured to
follow him. Being close behind him, my hat, which was
in my left hand, was caught in between the door and
the jam in attempting to enter. My umbrella was in
my right hand. Plaintiff opened the door a little. I
withdrew my hat, and then he closed the door. I
,hen tapped at the door and asked him to come
out, saying to him, " Who are you, sir, that
you should send for me in this manner ? Who
are you l You call yourself a gentleman—you call
yourself a doctor—you are a disgrace to the profession
to which you belong, and I will expose you to every
branch of it." The door opened and Dr. King came out
with a stick in his hand, (the umbrella being still in my
right hand) and laid it across my shoulders, closed in
upon me, and instantly threw me down on the ground.
I fell on my back, and whilst in that position he struck
me violently with his fist at the same time making use
of most vile swearing language. We got up. He was
holding my umbrella in his hand. He said,
" Will you leave my house." I said, " I will
if you give me my umbrella." He said "He would
not do it himself, but would do so through his servant."
He gave it to the servant, and desired me to go down
stairs. I retired Several steps down the stairs. The
servant followed me, and gave me the umbrella. I said
to the servant, "Your master has insulted me most
grossly," I left the house and returned to Bond-street,
with my shirt and face covered with blood. Referring
to the letters that Dr. King had written to the house,
he asked " Was there anything disrespectful in them."
T replied "They were written in a tone such as I bad
never been in the habit of receiving from any member of
the profession during the 30 odd years I had been in Bond-
street." When I tapped at the door the servant said,
"Pray, sir, don't irritate my master, he is a most violent
and passionate man." When on the landing place
plaintiff had a stick in one hand and my umbrella in the
other. I did not advance towards Dr. King with the
umbrella in a threatening attitude before he rung the
hell. I used no words of reproach to him in the library.
I never said to him, " You d— scoundrel." lam not
in the habit of making use of any such language. I
said I would expose him to every branch cf the medical
profession. I did not say board, for I know of no such
thing.

Cross-examined by Mr. James—When the warrant
came up I was standing by the chair I had sat on in the
library. I attempted to get into the drawing-room
and in so doing my hat was crushed. I did not push
the door nor use violence to get into the room after Dr.
King I gently tapped at the door with my umbrella.
When I said, "you call yourself a gentleman, &c.," Dr.
King did not answer. I had not gone down the stairs
before the door opened ; the servant only desired me to
leave the house once ; I lost the ferule of my umbrella
in the house but I cannot say how ; I did not push the
umbrella between the door and the post ; I did not at-

OLD COURT.

POST-OFIICE ROBBERIES. - Thomas Wilkins, aged
48, and Alfred Rome, aged 17, pleaded guilty to indict-
ments charging tbem with stealing letters.
Mr. Justice Erle said this system of robbery must be
put down. He sentenced both prisoners to four years'
penal servitude.
James Russell pleaded guilty to a charge of stealing
a newspaper.
Mr. Clarkson said there were continual complaints
at the Post-office with respect to the non-delivery of
newspapers.
Sentence deferred.

tempt to re-enter the house after Rosa opened the door and
let me out. I was excited and may have been effervencing
gradually ; I was in the house about 10 or 12 minutes
By Lord Campbell—l distinctly saw the stick in the
plaintiff's hand. It was a thin one.
Mr. Barker, manager at the defendant's house of
business—l was present on the return from Dr. King.
He was in a most agitated state. The first words he
said was "the fellow has half murdered me." He had
his handkerchief to his mouth, which was bleeding.
He had a black eye, and a black mark over each tem-
ple. There were spots of blood on his shirt front, and
his handkerchief was stained with blood.
Cross-examined by Mr. James—lt takes three of four
minutes to walk from Saville-row to Bond-street. The
eye was quite black.
Mr. William Houghton, stationer, Bond street—Saw
the defendant in his shop shortly after his return to the
shop. Defendant was in an excited state, and witness
saw serious marks on his face.
Mr. John Cooper was in the defendants shop. When
the defendant returned he had a handkerchief to his
mouth. I asked him, " How are you Cooper ?" He
said, "as well as a man can be who has been half mur-
dered."
He noticed that his face was cut and bruised,
and that blood was on his shirt.
Mr. Charles Savory, son of the defendant, gave simi-
lar evidence. On the Sunday following (four days after)
he came to my bed-room and showed me two marks on
the shoulder, as if made with a stick.
The deposition of Louisa Smith, taken before the
magistrate at the police station, was put in and read,
wherein she stated she Eaw a stick and umbrella in the
plaintiffs hand!