The Sun.
London, England, 1830-01-07 00:00:00

HATTON.GARDEN.

Yesterday Drs. Ryan and Smith, lecturers on
Medical Jurisprudence, anti Mr. Whitmore, surgeon,
of Bath-street, Coldbath-square, waited on the sit-
ting. Magistrate, Mr. ROGERS, to male, respectively,
affidavits, as required, under the following circum-

stances :

In the month of September lest a young man of
the name of Edwin Harris, 19 years of age, the
apprentice of a Mr. Sydes, a jeweller, in Radnor-
street, St. Lukes, was committed from this office
by Mr. Roosts, the then sitting Magistrate, on a
charge of violating the person of Jane Hickford,
:wed 10 years, the (laughter of his master's house-
keeper. The prisoner was tried at the last Middle-
sex Sessions for the misdemeanour, when Messrs.
Rose and Benson, surgeons, of No. 101, Goswell-
street, were examined on the part of the prosecu-
tion, and he was found guilty, and sentenced to six
months' imprisonment. The three medical gentle-
men above mentioned were in Court at the time to
give their evidence on behalf of the prisoner, but
Dr. Smith only was examined, whose evidence was
neutralized, in the opinion of the Jury, by that of
Messrs. Rose and Benson. The father of the pri-
soner subsequently petitioned Mr. Peel for a com-
mutation of his son's punishment, setting forth the
injustice of the conviction according to the best
judgment of some of the most eminent members
of the medical profession who had examined the
prisoner and also the prosecutrix; and Mr. Peel
was pleased, in reply, to state that his sentiments
upon the matter were perfectly in accord-
ance with those of the medical men in favour
of the prisoner, but that, in order to comply with
the prayer of the petition, it was necessary that
those gentlemen should make affidavits of the con-
clusion they had come to after a scientific examina-
tion of the facts and circumstances of the case.
Accordingly the deponents, influenced by motives
on the side of truth, justice, and humanity, drew
up their respective -affidavits, which set forth posi-
tively, that not only the prisoner had not committed
the offence of which he was found guilty, and now
undergoing the punishment; but that the child (the
prosecutrix) had never been violated at all, nor any
attempts of the kind made upon her, and that the
symptoms were altogether natural, and the result of
constitutional disease. These affidavits were unhesi-
tatingly received by the Magistrates, as soon as the
object of them was explained,,„ and were sworn to
by the deponent.
Mr. Smith hoped that his affidavit would be the
means of correcting a certain false impression
made inn Court upon the trial, respecting the motives
that induced him to give his evidence.
It may be useful, perhaps, to direct public atten-
tion to an article published in the London Medical
and Surgical Journal of the Ist instant, by Dr.
Ryan, on the above case, and the important obser-
vations it has given rise to. The article will be found
interesting not only to the community, but to those
in particular who alminister the laws affecting the
case. " Here I must observe," says Dr. Ryan,
that having published a letter in one of the news-
papers, in common with Mr. Whitmore and Dr.
Smith's certificate, and having promised this case in
this journal, I have received four draughts of affi-
davits, which would be sworn if required, which
would show that Mr. Rose thought the rape had
been fully committed and the female diseased ; at
the same time that Mr. Whitmore exclaimed, during
the prisoner's examination! at the police-office,
Good God, I pledge my character for that inari's
innocence.' By a legal manceuvre Mr. Whitmore's
name was placed o❑ the list of witnesses for the pro-
secution, though the lawyers on that side did not
intend to call him, but prevented the prisoner from
having the benefit of his evidence. Dr. Gordon
Sreith and myself attended from motives of huma-
nity. On a critical review of the whole of the
evidence given, and which could be given► on this
case, I think no man of research, of ordinary ob-
servation, or who is acquainted with the records of
medicine, could entertain a doubt of the prisoner's in-
nocence. It may be said that his conviction proves
the corn racy; but that was the result of the defective
system of the administration of the law, and not of
facts." The writer quotes Sir A. Cooper with respect
to certain circtunstences connected with the case,
where that eminent surgeon in one of his lectures
says—" The man is brought into a Court of Justice :
a surgeon, who, is ignorant of the nature of the
disease I am speaking about, gives his evidence, and
the man suffers for that which he never committed,"
Dr. Dewees, the eminent professor of midwifery,
University of Philadelphia, is also quoted on the
same subject. The whole article, " Observations
on the importance of Medical Jurisprudence," if
read, will be conceived to possess considerable in-
terest and utility.