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

•
wi.4 t t n

SUN OFFICE, & x o'Clock.

HARROW RACES—(Ti: i Day.)

(BY ELECTRIC TELEGR, IP I

MATCH.
Honeycomb beat Roberto Di molo.

HURDLE RACE.

Minerva
Laura Selina

Nonsuch .

..p . 3
Eleven ran.
STEEPLECHASE.

Odibam
Janus
Hopeless Lass

Six ran:

LAW INTELLIGENCE—(`3 al. is Day.)

QUEEN'S BENCH.
(Before Lord Campbell and a Spe cud Jury.)
[A portion of the following appear •LL in our first
edition.]

THE QUEEN V. KING, AND KING V • AAVERY.
This was a prosecution and action arising out of a
misunderstanding between Dr. King physician, of
Saville-row, and 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 ov( it to answer any
indictment that might be preferred age ►it ist him for an
assault. A bill having been preferre. 1 on the applica-
tion of Dr. King, it was received in' to this court by
certiorari. Dr. King subsequently bro ,ht this action,
and it was arranged to-day the same Jury should try
both cases, and that the evidence in the. _action of King
v. Savery should decide both cases.
Mr. James, Q.C., and Mr. J. Clerk appeared for Dr.
King, and Sergeant Shee and Mr. (3i; fford for Mr.
Savery.
Mr. James having opened the case,
Dr. King deposed—l am a physician,, :residing at 17,
Saville-row, Bond-street. In April, 18.53, I had a friend
named Captain Thompson staying wi tb. me, who pur-
chased a gazogene apparatus for me of :Messrs. Savery.
It was found to be faulty, and was ret urned to Messrs.
Savery fur repair. In the autumn of 1854 I had to
complain of the manner in which a press in.ption had been
made up at the defendant's establish, ut •nt. 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 fin n 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 saiiil, " Are you
aware of a correspondence that has taken :place between
me and your house I" Defendant replied, "he was." I
replied, " Then you took a part in that corresps.,ndence ?"
He said, "Yea." I said, "I will go over the various
transactions I have had." I said, "The first time I
went into your shop was to purchase an ounce of sul-
phate of iron, when I tendered half-a-crown 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—
ecoundrel." 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 ; but 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. Savory, " Captain Thompson is
not here, and therefore I have nothing further to say—
Captain Thompson shall call upon you." He said,
"You must hear me explain." I said, "The corre-
spondence I had had 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 would report me to the Medi-
cal Board." He had ceased to make any threatening

attitude, the servant Wog present. I requested him to
withdraw, and he said he would not. I then wont round
the table to avoid a collision with him, left the room,
and passed on to the front drawing room. He
rushed after me and tried to force his way into
the front drawing-room. I succeeded, however,
in closing and bolting the door, on which he
struck the door violently, saying "Como 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, Before 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 closing 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 umbrella from him
whilst he was down, and I said to him "If I let you up,
air, 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 time if he would leave the
house if I let him up. He said he would, and on getting
up he asked fer his umbrella, I said, " No, that has
done quite enough mischief.'
Lord Campbell—You retained that as a trophy.
(Laughter.)
Witness continued—" When you are out of my house
my servant shall giro it you." He continued to ask
for the umbrella, and I afterwards gave it to him. He
then went down the stairs, where he met a patient of
mine named Ross. I said to her, "Ross, see Mr. Savory
out of the house." I returned to my room and resumed
my occupation. My hand was paralysed, and the wound
bleeding profusely ; the ferule of the umbrella had been
broken off, and I afterwards found it on the floor in the
room, near where I was struck. The umbrella was much
pieces —by the closing of the
broken—the whole thing to
door. I had not a slick in my hand during any part of
the transaction. I went afterwards with Dr. Bridgman
to a consultation, sad showed him my wrist. He dressed
it, and attended to ,t for three or four weeks. I had not
one action of the wrist for four months. On Wednesday
following he received a summons, at the instance of the
at the Marlborough Police-court,
defendant, to attend
when I attended without counsel or attorney. The de-
fendant had professional assistance. I was bound over
to answer any indictment that might be preferred against
nie. I commewed an action immediately after.
Cross-examined by Mr. Sergeant Shee—l had no per-
sonal acquaintmce with the defendant till 23d May, and
no cause of grievance other than I have named. The
oorrespondencerespecting the differences ceased about
Sept. 14, 1854 Between that and May, 1855, nothing
had occurred to cause any further disagreement. I did
not at the interview with the defendant say, " I con-
sidered it one of the most disgraceful, disreputable, and
dishonest transactions that any house calling itself re-
spectable could be guilty of." At one part of the inter-
view, defendent said, "These aro very bard words for
me to bear.' That was not after he said the correspond-
,,, ,
.., :011., friend vas r:tit his coneurreecc. I did not
say "The filet time I was in your house was when I bought
some eulplate of iron, and that it was the most dis-
graceful pr3paratiPU I had over oen,,, il,
mail tio.rocol7