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

THE SUN, LONDON, THURSDAY EVENINGS SEPTEMBER 29, 1864

patch one of the provincial steamers with a supply of pro-
visions, to be dispensed during the winter as the necessities
of the people require. Private individuals are making
collections and sending donations of flour, &c.

POLICE INTELLIGENCE—Sept. 28.

MARLBOROUGH-STREET,—Mr M. C. Rogers,
dentist, 15, 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 ho was registered under tho 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 ho was in court.
Mr Tyr whitt 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 Bernard.
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 adviso Mr Bearnard to
alter his plate, and he would recommend Mi. 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. Ho
saw Mr Bowen May in court, and if that gentleman, who
formerly represented the Medicil 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 milieus curia, 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 doctor: 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 ho had a diploma as a
duly qualified surgeon. Ho had in his hands other certifi-
cates 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 Marylebono
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 ho only practised as 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 fancy to pay
costs. To summon Mr Rogers wai 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 ho was registered
under the Medical Act.

Mr Edward Lewis, of Great Marlberough-street, appeared
for the defendant, and stated that the summons had never
been served on Dr Kahn, who had been abeent from Eng-
land for some time. He must complain of the course taken
by Mr Talley in applying for summonses apainst proles•
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 he 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 wore compelled to appear in a court of justice on vexa-
tious pleas under a stringent Act of Parliament might know
against whom would lia their remedy. Mr Talley had
asserted in the sutnmons 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 be
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 sumuions,,the case was dismissed.

DIARY LE CONE.—Henry Hamilton, alias Dr 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.
Mr 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 Joe had the honour to prctie_nt
before a magistrate. It was a charge ho had against the
defendant for unlawfully; wickedly, and designedly pub-
lishing 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. Ho said he could act as such, and led
people to believe that ho 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-
gierate)—l wish to come at once to the case and to the
matter at issue.

Mr Mansfield (to Mr Talley)—Y 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—Go 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 the conviction do so, but do let us
get on.
Mr Tal:ey (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 shculd be 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 over 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. Ho gives the public to
believe that ho 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 atop 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
up another newspaper tore it into shreds, exclaiming,
am disgusted I"
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 ycu can,
Mr Talley— Substantiate my case I I can, sir, with hosts
of witnesses. _ _

Mr Mansfield—Will you go on with your case ? I won't
have this court of justice made a farce of.
Mr Talley—Sir, lam Bellow.. I now find I have ono 01
the most eminent members of the bar opposed to me,
(Pointing to Mr Sleigh.)
Mr Sleigh--I will not have you refer to me.
Mr Talley—Won't you? You must abide it—that

tell you, sir. Sir, t do°net know whether you know me,
but I can tell you I have been in
the profession 12 years,
To prove what I assert is correct, I have my certificate
here, end 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 here as a champion in a just cause,
and I defy your powers.
Mr Mansfield—I must put a stop to this, and proceed 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—l 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 a
down book he had in his hand), I will show you that
this ought to be cauterised from—
Mr Sleigh—Oh dear I oh dear I that the time should be
wasted like this 1

Mr Talley Wasted I Time wasted, my learned
idea

Mr Sleigh—l wish you would not address me 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 here. There has been a great mistake
under the Act, and if such mistakes are 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—He has had at you, sir ; now he is going to
show that the judges are wrong.
Mr Mansfield—We had better go on and see if there is
any law in which this can be 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. The summons must be dismissed.
There is no evidence whatever to show that he practises
under the title of a physician or doctor of medicine. He
(Mr 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.