The Sun.
London, England, 1864-09-29 00:00:00

THE SUN, LONDON, THURSDAY EVENING, SEPTEMBER 29, 1864.1

POLICE INTELLIGENCE—Sept,. 28,

MARLBOROUGH-STREET.—Mr M. C. Rogers,
dentist, 18, New Burlington-street, appeared before Mr
Tyrwhitt to answer a summons taken out by Mr Talley,
solicitor, of Deaconfield, Buckinghamshire, on behalf of the
Council of Medical Education and Registration, for wil-
fully and falsely taking and using-,the name of " surgeon,"
implying thereby that he was registered under the Medical
Act.

Mr Lewis, jun., of Ely-place, appeared on behalf of Mr
Rogers.
Before the case was gone into MrTyrwhitt inquired if Mr
Bearnard, chiropodist, of No. 39, Regent-street, was
present.
Mr Lewis, jun, replied that he was in court.
Mr Tyrwhitt said he gave his opinion on the case of Mr
Bearnard last week, and he then thought that Mr Bear-
nard was liable to a penalty, and granted a case for the
superior courts. Since that time he had found a case which
might or might not materially bear on Mr Bearnard's case.
He felt, however, that there was so much doubt about the
matter that he should not enforce the penalty of £2O until
compelled to do so by mandamus. His own opinion was
against Mr Bearnard.
Mr Lewis, jun., said, on looking over the law, he found
that it was in a very unsatisfactory state. In the reported
case referred to there appeared to be a want of evidence, as
there had been in Mr Bearnard's case.
Mr Tyrwhitt said he would not advise Mr Bearnard to
alter his plate, and he would recommend Mr Talley to take
some advice, and also to consult the council. If Mr Talley
chose to take proceedings against Mr Bearnard on some
future occasion he would then grant a case.
Mr Lewis said he believed that Mr Talley would admit
that Mr Bearnard did not in any way practise as a sur-
geon. He considered if Mr Talley was well advised that
he would not take any further steps in the matter. He
saw Mr Bowen May in court, and if that gentleman, who
formerly represented the Medical Council, would give Mr
Talley proper advice, there would be an end of the pro-
ceedings.

Mr Talley replied that he did not want the advice of any
one.

Mr Bowen May, as amicus curio, would state that he
formerly acted for the Medical Council, and had always felt
great difficulty in such cases, as he was unable to prove that
persons calling themselves doctors acted as doctors.
The summons against Mr Rogers was then called on.
Mr Talley said he had given notice that he had with •
drawn the summons against Mr Rogers.
Mr Lewis, junior, said, as Mr Rogers had been charged
in the summons with " falsely" pretending to be a surgeon,
it was of the utmost importance to that gentleman, as it was
known in his neighbourhood that he had been summoned, to
have an opportunity of stating that he had a diploma as a
duly qualified surgeon. He had in his hands other certifi •
caters to prove that Mr Rogers had passed the hospitals in
Paris as a qualified surgeon. The Medical Council had
ignored these proceedings against Mr Rogers, stating that
they were not taken by their advice nor at their expense.
Under these circumstances it was but fair that Mr Rogers
should be put to no expense in attending the court, and as
Mr Talley had been ordered to pay costs at the Marylebone
Police-court. he hoped the magistrate would direct Mr
Talley to pay Mr Rogers's costs. He might further state
that the reason why Mr Rogers was not on the register was
that he only practised ES a dentist, and not as a surgeon,
though a member of the Royal College of Surgeons.
Mr Tyrwhitt said it was perfectly clear that Mr Talley
ought to have ascertained whether Mr Rogers was a surgeon
and had a diploma before taking proceedings. After seeing
Mr Rogers's diploma, it was impossible to doubt that he was
a surgeon, and he should therefore order Mr Talley to pay
costs. To summon Mr Rogers was really too bad.
The next summons was against Dr Kahn, of Tichborne-
street, for wilfully and falsely taking and using the name
and title of physician, implying that he was registered
under the Medical Act.

Mr Edward Lewis, of Great Marlborough-street, appeared
for the defendant, and stated that the summons had never
been served on Dr Kahn, who had been absent from Eng-
land for some time. He must complain of the course taken
by Mr Talley in applying for summonses apainst profes•
sional men without sufficient grounds for legal proceedings.
Mr Talley did not represent the Medical Council, as he pre-
tended, but had made himself the champion of the medical
profession from motives that ho could not define. If Mr
Talley was only acting as a solicitor in these cases, he should
be glad to give the name of his client, in order that parties
who were compelled to appear in a court of justice on vexa-
tious pleas under a stringent Act of Parliament might know
against whom would lift their remedy. Mr Talley had
asserted in the summons that Dr Kahn had even practised
as a physician, whereas he would show that Dr. Kahn was
duly qualified under Section Aof the Medical Act. Had he
been in England he would have been fully prepared to meet
the allegation. •
Mr Talley said he represented the women of England.
Mr E. Lewis did not think that most estimable body had
a very judicious representative.
Evidence having been tendered to prove the non-service
of the summons,lthe case was dismissed.

MARYLE DONE.—Henry Hamilton, alms Br Henry
Scott, was summoned for a breach of the Medical Act, in
having issued advertisements offering to treat the complaints
of females, and describing himself as a doctor, when, in
truth, he was not a physician.

Mr Sleigh, who appeared for the defence, said his client
was not guilty of the offence imputed to him.
➢lr Talley, who had taken out the summons, and who
was seated at the solicitors' table, said this was one of the
most painful cases that ever he had the honour to present
before a magistrate. It was a charge he had against the
defendant for unlawfully; wickedly, and designedly pub.
fishing in one of the daily papers an advertisement, ad-
dressed to ladies only, and calling the attention of ladies to
it, and he (defendant) represented himself as duly qualified
to act as a doctor. He said he could act as such, and led
people to believe that he was duly qualified. In the first
place he was certain that defendant was no doctor at all.
Females who were in a delicate way were lured to him by
means of his advertisements, and (holding up his arm, and
bringing his fist down with a thump upon the table) all this
done by a man who has been convicted at Newgate--
Mr Sleigh—Really, sir, I must call on your worship—
Mr Talley—Sit you down, sir, and I will wring your
heart. A tale that will bring tears from you. (Thump on
the table.)

Mr Sleigh—lt is sadly to be deplored that the valuable
time of the court should be taken up by this person.
Mr Talley—l am a member of the legal profession of 12
years' standing.
Mr Sleigh—l am sorry that you are.
Mr Talley—Sir,l do not know you. You may be eminent,
but I know you not. lam an honourable member of the
profession, and you--
Mr Sleigh—Don't address yourself to me. (To the ma-
gistrate)—l wish to come at once to the case and to the
matter at issue.

Mr Mansfield (to Mr Talley)—You charge the defendant
with a certain offence—let us have the evidence upon it.

Mr Talley—l will, sir ; but I must tell you that this man
has been convicted.

Mr Sleigh—There must be a check to this man's conduct.
Mr Talley—Sir I
Mr Mansfield—a) on with your evidence.
Mr Talley—You must listen to me. I can say that this
man has been convicted--

Mr Mansfield—Stop, stop; don't talk so. If you can
produce evidence about tho conviction do so, but do let us
get on.

Mr Talley (greatly excited)—Sir, I take up a news-
paper from my breakfast table, and there what
do I find ? (Thump on the table.) Why, I find this, that
my wife is invited to pay a visit to 15, Henrietta-street,
Cavendish-square. (Defendant read an advertisement,
which had been set forth in the summons, and tearing the
paper up, explained, " Bah I Horribly disgusted am I that
such vipers should bo allowed to crawl about. Notice has
been given—
Mr Sleigh—Really, sir, it is to me—and I am certain it
must be to you—painful to listen to this person.
Mr Talley (thump)—Sir, you shall listen to me. I will
not be put down by you. I will not. (Thump on the
table), I have yet to produce to your notice the real Dr
Scott, whose name this man filches. This is (the right arm
raised on high) one of the most painful cases that I ever had
the honour to appear in. The law enacts, and clearly, too,
that there is a penalty for any one calling himself doctor
who is not so. (Emphasis.) And, sir, I must ask and de-
mand of you to commit this man. He gives the public to
believe that he is a doctor of medicine.
Mr Sleigh—l wish your worship would not allow your
time to be wasted in this manner.

Mr Talley—l care not who you are—
Mr Mansfield—l must stop this. The only thing I have
to go into is whether Dr Scott, as you term him, has vio-
lated the law.
Mr Talley here became excited in the extreme, and taking
np another newspaper tore it into shreds, exclaiming, (6 I
am disgusted 1"
Mr Mansfield (with great warmth)—I do not know who
you are or what you are. But this I do know, that you
have charged a person with a certain offence. You have
made a charge. Produce evidence to substantiate your case
if you can.
Mr Talley— Substantiate my caso I I can, sir, with hosts
of witnesses. _ _

Mr Mansfield—Will you go on with your vise ? I won't
have this court of justice made a farce of.
I now find I have one of
Mr Talley--Sir, I am serioro.
the most eminent members of the bar opposed to me.
(Pointing to Mr Sleigh.)
Mr Sleigh—l will not have you refer to me.
Mr Talley—Won't you You must abide it—that I
tell you, sir. Sir, I do nut know whether you know me,
but I can tell you I have been in tha profession 12 years.
To prove what I assert ie correct, I have my certificate
here, and ready to be produced.
Mr Sleigh—l wish you would not waste the time of the
court It is distressing for me to sit here and listen to you.
Mr Talley—Sir, 1 am hero as a champion in a just cause,
and I defy your powers.
Mr Mansfield—l must put a stop to this, and procted to
business. You have preferred a charge that the defendant
has done a certain act or deed contrary to the Act of Par-
liament. You charge him with pretending to be a physician ?
Mr Talley—I will, sir, I look to you as a father—as a

child should look to its parent. I will call before you evi-
dence to convince you (thump on the table) of the way in
which the public are imposed upon ; and, sir (throwing
down a book he had in his hand), I will show you that
this ought to be cauterised from—
Mr Sleigh—Oh clear 1 oh dear I that the time should bo
wasted like this I

Dir Talley Wasted I Timo wasted, my learned
friend—

Mr Sleigh—l wish you would not address mo as your
friend. I have no wish to know you.
Mr Talley—lt is a grievous matter that they come hero
to qualify their crimes. I will call a gentleman whom I
have ordered to be hero. There has been a great mistake
under the Act, and if such mistakes aro allowed to go
by uncorrected, then the Act might just as well be null
and void. The son of the late Baron Nicholson might
just as well be in your position on this bench. No, sir,
we are not to be put down in this way. Under Lord
Campbell's Act—
Mr Sleigh—lie has had at you, sir ; now ho is going to
show that tho judges are wrong.
M ,r,sfield—We had better go on and see if there is
any law in which this can bo made an offence,
Mr Sleigh—That will be the proper course to adopt, and
I humbly submit that on the point of law there is no case
made out for me to answer. The statute was never passed
to meet any such case as this. The learned counsel ad-
dressed the court, and was quoting cases on behalf of his
client, but could not get clearly on through the interruption
of Mr Talley.
Mr Mansfield—There is no necessity for you to go on any
further. Mr Sleigh. Tho summons must be dismissed.
There is no evidence whatever to show that he practises
under the title of a physician or doctor of medicine. lle
Oh Talley) will have to pay costs.
Mr Talley then repacked the books in his enormous trunk,
locked it, and paid £2 12s 6d, the costs, got assistance, and
vanished with the portmanteau.

The Murder at Chadwell-heath,

hronn, Wednesday.

This afternoon the inquest on the body of Amelia Blunt,
who was murdered under circumstances of great atrocity on
last Saturday morning, was resumed in the Sessions House
adjoining Ilford Gaol, before Mr C. C. Lewis, coroner for
the county of Essex.
The case appeared to have created a great sensation in
the district, and the court room was crowded by persons de-
sirous of obtaining a view of the prisoner and of hearing the
evidence against him.
Superintendent Howie had the management of the case
for the Commissioner of Police.

The prisoner, a large, heavy, morose looking man, was
brought up and placed in the dock. He listened with a half
contemptuous indifference to all the evidence.
James Warren, a labourer, living at Dagenham, said that
he was 78 years of age. Ho knew the deceased since she was
a baby. She lived with him for the last 11 weeks as house-
keeper. She was a widow, about 41 years of age. She had
been living with Francis Wane before she came to live
with witness, She had lived with Waine about three
years. On last Saturday morning witness left his cot-
tage at Chadwell-heath, about a quarter past ten
o'clock to fetch some beer for the deceased while she was
washing. He left her in the wash house at the end of the
cottage. He returned within half an hour, and when he
went in at the front door he called out "hilly, here is your
beer, dear—come and have it." She made him no answer,
He went in doors, and sat down at the table. He then again
called out to her, but hearing no answer he went into the
wash house. She was resting with one arm on the copper,
and the other on a sieve. Ho went up to her and said
" Milly, why don't you give me an answer," but she gave
him none. He put his hands round her to lift her up, and
he found his hands wet with blood. He said, "Oh,
Milly, what have you done ?" but she made no answer. He
lifted her up, but she fell, and so did he, she being heavy
and he being weak. He got up and looked at her, and saw
that she was a dead woman. He ran out and told Mr.
Archer, and he then ran across the common to make an
alarm, and ha met his granddaughter, who said, "What
have you done with your hands ?" They were smothered
with blood. Several persons, and the police-constables were
at once on the spot. Witness knew the prisoner all his life,
and he knew the mother that bore him before she was
married. Seven or eight weeks ago witness was at the
White Horse public-house, and ho saw the prisoner there.
Deceased was there also, and she sat by the aide of witness
in the tap room.
Coroner—What conversation passed ?
Witness—The prisoner said, Milly, I own myself in
fault, and if you go with me out of doors I will tell you where
you will find those clothes and things that I took away from
you." He said, " I own myself in fault tor breaking up your
home." He asked her to go out of doors along with him,
but she said to witness, "I am afraid to go." She did go.
however, but only went as far as the taproom window. She
returned in a minute and sat down. Ho came in and sat
down by the side of her and said, " Milly, is there a chance
for you and me to come together again ?" She said, " No,
there never will, Toddy." He was usually called Toddy.
She said to him, "You has you ohunoo to matte the your
wife if 3ou had used me well ; but you broke my home up,
and now I will have no more to do with you," Ho replied,
" Milly, you will have to die," to which she said, "Toddy,
if I die you will have to die too." She jumped up and went
home, and witness went home also. Witness heard him
make no statement since, nor did he see him on the pre-
mises. Witness had a son John, aged 49. An intimacy
had sprung up between him and deceased, and the banns
were published at Dagenham Church on Sunday week.
Coroner Ito the prisoner)—Do you wish to ask the witness
any question ?

Prisoner (eullenly)—l do not went to ask him any ques-
tion.

Francis Archer, the wife of a labourer living an Chadwell-
heath, said that on Saturday morning she was at a short
distance from Warren's housa when her children came
running to her and said, " Oh, come down ; Mr Warren
has come, and something has happened at his house." She
ran in the direction of the place and met Warren, who told
her that Milly was dead, She went into the little bakehouse
or washhouse.at the end of the cottage and saw deceased
lying in a pool of blood, and quite dead. Witness knew
prisoner ever since he was a boy. Deceased lived with him
for three or four years.

The prisoner said he did not want to ask any questions of
the witness.

Mr C. Fitch, landlord of the White Horse, Chadwell-
heath, said that he knew the deceased for three years. She
was in the habit of charing at his house for three months—
ever since she had been with old Mr Warren. The prisoner
was in the habit of coming to the White Horse frequently,
and he used to bo there with the deceased. :Since deceased
had been living with Warren witness had several times
heard the prisoner and her quarrel. On two or three occa-
sions she got up and left the room when he came in. Wit-
ness several tittles heard the prisoner threaten to kill her.
lle said that so often that he ceased to take particular notice
of it. The prisoner threatened her 12 months ago.
Coroner--Did ycu hear him threaten her recently ?
Witness—He said he would cut her throat about a month
or six weeks ago ; but ho was then the worse for liquor.
Coroner—l did not ask you that. If a man says such a
thing when drunk, he is responsible fur it when sober. Did
he make any other threat ?

Witness—Wen she was living with the prisoner the
latter had threatened to knock her brains out. A fortnight
ago I forbid the prisoner my house for making use of bad
language and falling out with old Mr Warren about this
woman. I was in the bar and heard him swearing at Mr
Warren in the parlour. I went in and said, " Wain°, you
are like a dog in the manger ; you won't livo with the
woman yourself, and you won't let her live quiet with any
one else." lie swore at me, and said ho would punch my
head. I told hint to quit the house, and ho did so.
Coroner—Did you see him since ?

Witness—On Saturday morning, about 5 minutes to 10.
I saw him coming by Mr Moss's mills, about 400 yards
from Warren's cottage, and he appeared to be going from
Chadwell-heath towards his brother's house. His brother's
house is a quarter of a mile from the cottage. 1 did not
speak to him nor he to me. I heard of the murder about 10
minutes to eleven o'clock. My wife told me poor old Milly
had dropped down dead. I went to the cottage and saw her
lying on her left side in a pool of blood. There was a great
wound on the side of her neck. and I said, " Bless me, she
has been murdered." I sent for a police constable.
Coroner (to prisoner)—Do you want to ask the witness
any questions ?

Prisoner—l do not. He can say more if he likes. Ho has
been telling a parcel of lies, and he can tell more of them.
Dr Robert A, Damen said that on Saturday morning he
was called to the deceased about half-past 11 o'clock. She
was dead, but was still warm. He examined her and found
three severe wounds on the side of the neck. They were so
deep that with the finger the vertebra, of the neck could be
touched. Such wounds could not have been inflicted by her.
self. The wounds were from the right to the left, one was
from the centre of the throat to the right side behind the
ear; another of them ran in an oblique direction towards
the shoulder, the third seemed to have been a stab more than
a cut. There Was also a wound on the knuckle of the left
thumb. All the organs of the body were healthy. The
immediate cause of death was loss of blood from the severance
of the blood vessels of the neck. The knife produced would
most decidedly have caused such wounds.

The knife in question had a sharp blade about six inches
long, and was such as are usually used to kill pigs. Hair
was found adhering to the handle.

After some further evidence, which was occasionally con.
tradictid by the prisoner,

The noroner asked him if he had anything to say.
The prisonel shook his head.
The Coroner then summed up, and the jury returned a
verdict of " Wilful murder against Francis Waine."

The Coroner then issued his warrant for the committal of
the prisoner on the capital charge.

THE MIDDLESBRO' STRIKE.—We are happy to
say that the Middlesbro' turn-out is now at an end. The
person whoso conduct so deeply offended the workmen has
resigned his situation, thus removing the matter in dispute.
There is, therefore, every reason to expect that the men
will at once resume work. The charge against the ten
men found guilty of desertion has been withdraws,—lee's
Mercury.