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

THE silt* 'LONDON, WEIYNESIYA.Y frvENING N-OVEMBER 28, 1855,

lection of his saying, "You appear to think everything
disgraceful connected with my house." In reply to a
question from me relative to the correspondence, he did
not say it was of such a naturo as he had never before
received. Mr. Savery said he " would not leave my
house by being turned out like a dog," or fiomething to

thr. I isql

R&ILtTh .

Leasink
Compan,

Ctosing Price,
this day.

Business
this day.

London &
N. West.
L. &N. W.
Caledon
E. Un.
E. C

that effect. I did not slam the door of the drawing-
room in his face, ncr did I see his bat caught between
the door and the jam and crushed. I positively swear
I had not a stick at any time in my hand during the
transaction, although my servant before the magistrate
said I had at one time. I did not strike him over the
face and head with a stick. I might ha re struck him
with my hand. I was not aware that his f ace and mouth
were cut, and that blood was over his shirt. I never
saw it, but my servant said she sa,s- a little, and that she
saw his face was cut. 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 on:the wrist.

Gt.Nrthn.
E. Count.

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Gt. Wes.=
Ik. Now.
& Berw.
Y. &NM,
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S. Easton
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Norfolk
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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 the defendant out of the house ;
defendant was using abusive 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 in the door. Defendant used abus.ive 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 ashanted of your-
self ; tam old enough to be your father." Dr. King
laid "I know that, and that is why I am ea lenient to
you." I saw a stick in Dr. King's hand, hut 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 bad gone out of the house when he was
requested, this would not have happened.

L.& N. -s.V.
& Midld.
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Darlingt.
Midland..

En. Coun.
E. Count.

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Cross-examined—l don't think I said Wore 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 staixa and heard

he 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 ehoulder 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 case.

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
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 hina in May 1855, in which he stated it
was neoessary for the credit of the establishment that
one of the firm should call on him. Mr. Savory 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 sail 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 the statement of the fe•
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 Taytor 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. He 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 house I will call him before you ; I have never
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 was " No."
He returned to the room, and I said I should be happy
to see that gentleman any other time. You have sent
tfoorsanly ln e for an explanation. Will you hear what I have
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
say ;" he said, "he would not ;" rose and rang the bell,
violently. The servant came into thr room, when he
said to her, " show Mr. Savery 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
opened a door on 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
then 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 ? 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 hack, and whilst in that position he struck
me violently with his fist at the same time making use
of most vile swearing language. We get 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."
I 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 iu 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
bell. I used no words of reproach to him in the library.
I never said to him, " You d— scoundrel." I am not
in the habit of making use of any suoh larsuage.
said I would expose him to every branch of the medical
profession. I did not say board, for I know of no such
thing.
Cross-examined by Mr. James—When the warrante
came up I was standing by the chair I had sat on in t
library. I attempted to get into the drawing-room,h
and in so doing my hat was crushed. I did not push
the Kin doorg. noru
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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-
tempt to re-enterthe house after Ross opened the door and
let me out. I was excited and may have been effervescing
gradually ; I was iu the Wino Ab9ut. ;0 vr 12 paiuutel

r By Lord Campbell—l distinctly saw the stick in the
plaintiff's hand. It was a thin one.
Mr. Barker, manager at defendant's house of business
—I was present on defendant's return from Dr. E:ing.
He was In a most agitated state. The first word.s he
said was "the fellow has half murdered rne." He had
his .handkerchief to his mouth, which was bleeding.
He had a black eye, and a black mark over each tena-
-1 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. De-
fendant was in an excited state, and witness saw several
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 Savery r He
said, "as well as a man can be who has been half rnur-
dered." He noticed that his face was cut and bruised,
and that blond 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 sack.
The deposition of Louisa Smith, taken before the
magistrate at the police station, was put in and read,
v.herein she stated she-saw a stick and umbrella in the
the plaintiff. She was recalled, and explained that por-
tion of her statement similar to that already given in her
evidence in chief.
This was the defendant's case.

Sergeant Shee having addressed a few words to the

jury,
Mr. James called their attention to tho evidence ad-
duced on both sides, and defended the course adopted in
bringing the action, to enable them to decide the ques-
tion on the evidence of both gentlemen, instead of on the
cx parte statement of the defendant under the indictment
preferred before the Middlesex Grand Jury. He denied
that the correspondence complained of contained a per-
sonal attack on the Messrs. Savery, and charac-
terised the course pursued by the plaintiff, in
bringing before the firm the irregularities practised iuthe
establishment as being actuated by the most honourable
motives, because it was of importance the prescription
entrusted to the defendants should be accurately dis-
pensed, and ir the instance of Major Reid's complaint
a mistake had occurred. The irritation was on the side
of the defendant„ and so desirous was the plaintiff of
keeping peace, that he retreated from the library and
locked himself in the drawing room. The whole of the
circumstances showed Mr. Savory was the aggressor.
This was an unfortunate quarrel, and it was for them to
say who committed the first assault.
Lord Campbell, in summing up, said it was satisfac-
tory to find the jury had heard the evidence of both gen-
tlemen. He considered they were bound to return a
verdict for the plaintiff on the civil action, with very
moderate damages. In the other case they would have
to consider who first committed the assault, and in the
event of their finding it was Dr. King, whether he used
more violence than was necessary in defending himself.
The jury, after a few minutes consideration, returned
a verdict for the plaintiff in the civil actio damages one
farthing, and on the indictment returned a verdict of
guilty, with a recommendation to mercy.
Lord Campbell, in passing sentence on the defendant,
said he did not for a moment doubt but that be was a
very skilful and honourable man, and was of opinion
that he had proceeded in an arbitrary manner in sum-
moning Mr. Savery to his house. Although he was an
educated man some part of the proceedings had shown
that his temper was not altogether under his control,
and his lordship advised l im to be careful and not get
into such difficulties again. In consequence of the re-
sommendation of the jury he should pass on him a
lenient sentence. He sentenced him to pay a fine of
20s. to the Queen, and to be imprisoned until the fine
was paid.
The fine was immediately paid, and the defendant
left the court with his friends.

CRIMINAL COURT.—Crhis Day.)

OLD COURT.

PosT-OFFICE ROBBERIES. Thomas Wilkins, aged
48, and Alfred R0172,C, aged 17, pleaded guilty to indict-
ments charging them with stealing letters.
Mr. Justice Erle said this system of robbery must be
put down. Ile 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.

POLICE INTELLIGENCE.--(This Day.)