The Sun.
London, England, 1855-03-23 00:00:00

THE SUN, LONDON, FRIDAY EVENING-, MARCH 23, 1855.

have taken every precaution against that disease. In-
deed there was no medical man in the United Kingdom
who was more capable of giving good advice on tue sub
ject, or grappling with the disease when it did break out.
Mr. Layard—Were the ambulance waggons submitted
to you before they went out ?
Dr. Smith—They were designed by myself ; and not-
withstanding the objections which have been urged
against them, I maintain that they are well adapted to
their purpose. The only objection I have to them if
their weight.

Mr. Layard—After what you have heard and read
relative to these waggons, should you recommend a con-
tinuance of their use
Dr. Smith—l should.

Examination resumed.—lt was the duty of the pur-
veyor at Balaklava to supply medical comforts for the
Use of the sick and wounded sent to Scutari in the trans-
ports. He believed Mr. Fitzgerald was the purveyor
there ; but he bad received no reports to the effect that
the purveyor, whoever he might be, had not fulfilled his
duty is this respect. A number of ambulance waggons
on the French plan, and a number of litters and chairs,
were about to be sent out forthwith.

Dr. Smith.—Exarnination continued by Mr. Layard.
—He thought Miss Nightingale and her staff of nurses
had effected much good, and he had received reports to
that effect. Mr. Wreford superseded Mr. Ward as pur-
veyor. He had served in the Peninsula in a similar ca-
pacity, and about tett years ago was sent out to orga-
nise a medical department for the Turkish army. He
was between 60 and 65 years of age. He had sent home
reports complaining of the utter impossibility of
making supplies with the requisite despatch and regu-
larity, in order to meet the demands which pressed upon
him. The purveyor was responsible for keeping the
hospitals clear.
Mr. Layard—Assuming then for a moment that the
hospital was in a dirty state, and you were called upon
to punish some person for allowing that state of things
to exist, whom should you punish ?
Dr. Smith—The purveyor, if I found he had not done
his duty. (Laughter.)
Mr. Ellico- -If the purvuyur and not done his duty in
this respect, I take it that the medical officer might re-
port him to the commandant, and he would heve autho-
rity to remove him ?
Dr. Smith—The commandant could not dismiss him,
but he might place him under arrest, with a view to
subsequent inquiry into his conduct, and might ap-
point a substitute to act in the meanwhile. All
the winter clothing was submitted to him before it
was sent ont. Steps were taken respecting winter cloth-
ing as early as May last year. He was not aware
that the troops were without clothing in November. He
thought he might safely say that there was a quantity of
flannel and other warm clothing beyond the ordinary
issue to the army on board the Prince when she was lost
off Ba.laklava. He had bad no specific or official
reports relative to the inefficiency of clothing
amongst the troops. The reports of Dr. Hall
stated time after time that there was abundance of
clothing at Balaklava, which would have saved many
valuable lives could it have been got up to the camp.
He had heard no complaints of the want of provision for
the reception of the sick and wounded on their arrival
at hone, nor of the state of the hospital at Ports-
mouth. He did not think the latter could be
complained of— as it was a new hospital, and
was admirably managed. No alteration in his position
as the head of the army medical department had been
occasioned by the amalgamation of the two offices of
Secretary at War and Minister for War, with the excep-
tion that he had to address only one department instead
of the two.

By Mr. Drummond—Nearly douVe the number of
mealical men had been sent out with the Crimean
expedition than had ever accompanied any
army previously sent out from this country.
He had received reports of successful operations upon
the wounded by those officers, which were highly grati-
fying to him, considering the circumstances under which
they were performed ; and he knew that the perform-
ance of some of these operations, whilst the surgeon was
himself on his knees in the mud, and the patient lying
upon the ground, was, notwithstanding this, of a cha-
racter which could not be excelled by any surgeon in
London, with every professional appliance around him.
Mr. Drummond—Have you heard lately that it would
be well if you would resign your office ?
Dr. Smith—l •:gas informed that my health was break-
ing, and I consulted a physician, who told me I had
better wait until I had an opportunity of making my
statement before the committee. The physician recom-
mended me to resign as soon as I had given my evidence.
Mr. Drummond—Have you received official notice to
flat AfFrct from your auprilots
Dr. Smith—l was told that the medical department
of the army was intended to be re-organised, and I was
told in what wsy that re-organisation was to be effected.
I therefore said that I must retire from the position I
held as soon as the proposed change was carried out.
That was the only hint I had on the subject.
General Peel—l think you stated on Tuesday that
the various departments had acted most liberally since
the commencement of the war ?
Dr. Smith—Yes.
By Colonel Lindsay—The Government bad been put
to an expense of nearly 100,0001. for medicine and medi-
cal comforts, namely, 9,0001. before the breaking out
of the war and 90,0001. since.
The committee adjourned at a few minutes before four
until to-morrow. The Rev. S. G. Osborne will be the
first witness called.

LAW INTELLIGBNCE.--March 22.

IiUU
APPEAL.
BAIRD V. BOSS.-JUDGMENT.

This was an appeal from the Court of Session in Scot-
land. The appellants were William Baird, Henry Dun:
lop, and others, the provisional committee of a projected
railway, called the Kilmarnock and Ayr Direct Railway
Company, which was brought forward in 1845, and col-
lapsed in 184 G, and the respondents were Robert Ross,
Patrick Graham, and others, adottees of the shares in
the said railway company. The proceedings originated
in a summons, which was raised in the Court of Session
by the appellants for the purpose of accounting to the
shareholders in the projected undertaking for the depo-
sits paid on their shares to the provisional committee of
the projected company, of which the appellants were
then the only surviving and accepting members, under
deduction of such charges and expenses as might be
aseer!:aiued to form a proper burden on these deposits.
Their lordship now delivered judgment, stating that
in their opinion the provisions of the deed were all suffi-
cient to justify the directors in making both applications
to Parliament ; and the consent or dissent of a portion
of the shareholders made no difference. The appeal
therefore against the interlocutor allowing the first appli-
cation would be allowed, and the other against the inter-
locutor disallowing the second application to Parliament
would be dismissed.

EQUITY COURTS.
COOILBS V. 3fANSFIELD.-JUDGIIENT.

This case was argued upon the Eith February last,
when his Honour reserved his judgment.
The Vice-Chancellor now delivered judgment. After
stating the facts of the case his Honour said that taking
into consideration the provisions of the Ships Registry.
Acts, and the cases of "Armstrong v. Armstrong," and
" .11‘Calmont v. Rankin," which had been cited in argu-
ment, he left bound, though with some regret, to dismiss
the bill. Under the circumstances it must be without
costs.

knew no more of what happened until I found myself in
Islington Workhouse. Several of my ribs were broken;
they are now bandaged ;j!
out, and I am injured nil r:ver oye':;
and lips were dreadfully cue, swollen, and blackened.)
She added that the prisoner had been in the habit of M-
using her in the most brutal manner for years past, and
he on one occasion set fire to her bed, when she nar-
rowly escaped with her life. lie was the terror of his
children, who would come forward and speak against

Prisoner—She has acted like a brute to me. She left
me arid my children to live with a man named Stephens,
and she is now living with him.
The prosocutrix said she left her husband because of
his ill-usage. She admitted that ehe was living with a
man named Stephens.
Mary Garvill, residing in the same house, said—l saw
the prisoner boating his wife on the head and kicking
her in a cowardly and desperate manner while she was
down. She was covered with blood, and the passage
was one pool of blood. The prisoner's hands were also
covered with blood. I begged of hint not to murder
her. He replied, " I will do for her if it is seven years
to come."

Wife—He has often threatened to murder me if I ever
dared to brill,* him before a magistrate. I never would
' have left himhad it not been for his ill-treatment.

Sergeant Bexley, N, produced the following certifi-
cates :

" I hereby certify that I was called to attend Emma
Pointer, at the police-station, Islingtosi-green, on the 20th
inst. ; that three of her ribs were fractured from recent
violence ; and that she was otherwise suffering from severe
contusions. (Signed) " MONTAGUE KIRKMAN.".
A second certificate was produced, confirmatory of the
above, from Mr. George Gill, surgeon.
Mr. Tyrwhitt said it was a most serious charge and
one that ought to be tried at the sessions. He, how-
ever, would remand the prisoner for a week, and the
surgeons ought to attend to the woman day after day
and report her condition to the Court.
The prisoner was accordingly remanded, and his wife
was conveyed back to the workhouse in a precarious
state.

MIRLBOROUGII-STREET.—Mr. George Benson,
of the East India Company's civil service, Bengal Pre-
sidency, at present residing at No. 37, St. James's-street,
was brought before Mr. Hardwick, on the following
charge :--
Police-constable Castle, 69 C, stated, that about half-
past one that morning he was standing at the corner of
Pollen-street, when he saw the defendant with another
gentleman and a female come out of Hanover-square
into Hanover-street. They passed him, and he and
another constable watched them, and witness saw de-
fendant leave his companion and go into the doorway of
No. 7, but whether he rang the bell he did not know.
The gentleman who was with him cried out, "No,
don't, don't." Defendant then crossed over the street
to No. 17, and witness then saw him distinctly put up
his hand and catch hold of the bell-handle, which he
pulled out as far as he could, and let it fly back with con-
siderable force. Defendant then followed his friend, and
overtook him at the corner of Regent-street. Witness
then went to No. 17, to see if the bell:pull had been cut
off, and finding it secure, he, with the other constable,
followed them about 150 yards down Regent--street,
where he came up with them and at once taxed the de-
fendant with ringing the bell, which he denied. Wit-
ness, however, was positive he had done so, and took
hi►n to the station.

Tillman, 75 C, corroborated the above evidence.
The accused, in reply to the charge, said he denied
ever going into the doorway of No. 7, or ringing the bell
at No. 17. He was walking with another gentleman
and a lady down Regent-street, when the constable 69 C
came up to him in a very excited manner, and accused
him of ringing bells in Hanover-street. He denied the
accusation, and told him if he really had seen him pull
the bell he ought to have taken him into custody there
and then. While they were talking the inspector came
up, to whom the officer spoke, and he (defendant) was
then taken to the station-house. The gentleman who
was with him was in court, and would testify to the
truth of his statement.

Mr. James Powed, 14, St. James's-square, said, shortly
after one that morning, he, defendant, and a lady were
proceeding down Hanover-street into Regent-street.
Defendant was on his left side, and the lady in the centre,
and he was positive he never left his side f6r a moment.
When they had got about 150 yards down Regent-street,
the constable came up and accused defendant of ringing
bells in Hanover-street. Witness told the officer he had
made a mistake, but he persisted in the accusation, and
eventually took the defendant into custody.
In reply to Mr. Hardwick, witness said it was im-
possible for defendant to leave his side without his know-
ing it. _ _ _

'Mr. Hardwick said the constable had acted very in•
judiciously in not taking the person who rang the bell
into custody at once, instead of going back to examine
the bell-pull. His (Mr. Hardwick's) impression was
that the constable bad made a mistake in the matter,
and he should therefore discharge defendant.
tiYilliani Carroll Kelly, formerly ensign in the 62d
Foot, was brought before Mr. Hardwick, charged with
uttering, forged cheques, with intent to defraud various
tradesmen.

The prisoner was a short time ago at this court on a
similar charge, but the matter was arranged, as under-
stood, by the friends of the prisoner. The prisoner, since
he was last in custody has been cashiered.

The following case was gone into yesterday.
Mr. John Boyd Gibson, army saddler, New Coventry-
street, said—On Thursday, the 15th inst., about six
o'clock in the evening, the prisoner carte into the ware-
house, and introduced himself as Cyril White, of the
12th Lancers, and requested to be furnished with the
necessary appointments for that appointment. Witness
gave the prisoner the order-book, and he wrote in it,
"Cyril "White, 12th Lancers." After making various
inquiries about the appointments he was going to leave
the warehouse, when he asked if Mr. Gibson was at
home. Witness said his name was Gibson. The pri-
soner said, " Oh, I am sorry to trouble you, but I have
been to Collyer's, my agent's, to get a cheque changed,
but their offices were closed for the day ; will you be
good enough to change a cheque for me ?" Witness
answered, " With a great deal of pleasure ; how much do
you require ?" The prisoner said 201., and witness gave
him some paper, and in his presence the prisoner wrote
a cheque for 201. on G. S. Collyer, army agent, Park-
place, and signed it with the name of Cyril White, 12th
Lancers. Witness gave him the money, and he left the
place. On the following day the draft was presented
at Mr. Collyer's and refused payment on the ground of
forgery.

Police-constaide Whicher said he took the prisoner
into custody at No. 91, Norton-street. On searching
him several duplicates were found in his possession, one
for a gold watch, pledged recently for 9/.
Whicher, the detective, applied for a remand, as he
was on the trace of at least twenty more cases against
the prisoner.

The prisoner was accordingly remanded for a week.

ORTING INTELLIGENCE.

EPSOM SPRING MEETING.
TifURSDAY.

Owing to the rainy, snowy, sleety state of the weather,
the injudicious alteration of the time of holding the
meeting, and a variety of circumstances sufficiently ob-
vious to the racing public to render an explanation un-
necessary, the inauguration of the Epsom events on this
occasion was marked by a comparatively moderate de-
gree of success.

The Grand Stand enclosure was, however, thronged
by professional turfites and gentlemen sportsmen, and
speculation on the principal events was actively pur-
sued. The minor stakes failed to coaunaud large fields,
and therefore excited scarcely passing interest ; but the
Two-yr-old Race, the City and Suburban, and the Great
Metropolitan, were characterised by incidents of en-
during importance.

The City and Suburban was speculated upon with
much briskness. Noisy was the favourite, 'but his
chance was materially damaged by his breaking a way
just as the competitors were drawing together at the
post, and by his running the whole extent of the course
before he was stopped. Twenty horses started, and the
race resulted in the success of Ireland's-eye. The win-
ner received little support in the Ring ; be Wa3 backed
at various prices, ranging from 100 to 5 to 100 to 8 ; to
ascertain the exact odds against him at starting wag,
therefore, a matter of no slight difficulty. We have re-
turned the odds against him at 100 t• 6, a quotation
which was, we believe, in strict accordance with the
tone of the market.

Pharsalus and Redlands, the some time favourites for
the Metropolitan, ominously receded point by point in
betting as the time of starting drew near. Fandango
meanwhile advanced in popularity ; and Dr, O'Toole
sprang into prominent notice, in consequence of the vic-
tory achieved by Ireland's-eye. The ample description
of the race given below fully sets forth the leading inci-
dents of the contest. Fandango won by half a length,
and his success was hailed with loud and prolonged
cheers ; he is the property of Lord Zetland. Corsebus,
belonging to Lord Eglinton, was second, and, but for
the weak condition of his jockey, who before the start
lost all control over the horse, it was the prevalent
opinion that he would have fully realised the hopes of
his party. Lord Howth's Dr. O'Toole was third.
All classes appeared to rejoice greatly on seeing the
colours of three of the noblest and staunchest supporters
of the turf borne so prominently forward in a race estab-
lished, as the conditions state, " by the lovers of the na-
tional sport resident in the City of London and metro-
politan districts."

-
The business arrangements were, as usual, most effi-
ciently carried out under the superintendence of Mr.
Dorline,ff. The commissariat department was ably ma-
naged by Messrs. Jaquet and Woodruff. The railway
officials also deserve every praise for the order, regu-
larity, and punctuality with which they discharged their
respective duties.
The sport came off as follows :
The Railway Plate of 100 sovs (handicap), for all ages.
New T.Y.C. ; three-quarters of a mile.
Captain Lane's Flageolet, by Hautboy, 3 yrs, ,sst 101 b
(Fordbam) 1
Lord Zetland's Hospodar, 4 yrs, Bst 9lb (J. Manion) 2
Mr. Downes's Mary Ann, 3 yrs, sst 41b (Cresswell) 3
The following also ran :—Convalescent, Conspiracy,
Cimicina, and William the Third.
Betting-7 to 4 agst Flageolet, sto 2 agst Hospodar,
6to 1 each' agst Cimicina and William the Third. A
good race in with the three placed, ended in favour of
Flageolet by a neck, the second beating the third by a
I head. Conspiracy was a bad fourth.
The Two-yr-old stakes of 10 OM Mill with 50 addod