The Sun.
London, England, 1853-08-03 00:00:00

policy of our own Cabinet, by our knowledge of

their intelligent brethren, who found a verdict of
" wilful murder" against Lord JOHN RUSSELL, on
account of the death from destitution of an old
woman in the county Mayo, and apparently desir-
ous of being thenceforward, and for ever, classed
in the same category with these model jurors,
arrived at the decision that the Hon. F. Scorr
and Mr. BEATTIE were guilty of the manslaughter
of the unhappy man, whose fate they earnestly
deplored, but for which they were in no degree
accountable. The result was, that these gentle-
men were held to bail, to appear and answer the
charge at the Surrey Assizes, and they were
yesterday arraigned at Croydon, on the
Coroner's inquisition, before the Lord Chief
Baron and a Coroner's Jury, and that they
were acquitted as a matter of course, the learned
Judge having, before a single particle of evidence
was offered, on the mere statement of the counsel
for the prosecution, expressly stated his opinion
that " a railway chairman or director, who en-
gaged a special train, was in exactly the same po-
sitton, as an ordinary traveller, and he might rea-
sonably suppose that all that was necessary to be
done would be done by the persons in the employ
of the railway upon whom that duty devolved ;
and he would not be responsible unless he had
done some personal act, or given some di-
rections, that led to the accident." On this
statement, and also the judicial announce-
ment that " the mere fact of the defendants
being the occupants of a special train did not
make it incumbent on them to take care that all the
necessary arrangements were made at the different
stations through which they had to pass. He was
of opinion that no such duty was cast upon them ;
and that, whether in the case of a chairman or a
director of a company, or a manager of the traffic,
neither of them was responsible for what might
happen at any station over which they had no
personal control." This sound common sense, as
well as legal view of the transaction, of course,
terminated the proceedings. The experienced and
eminent counsel who conducted the prosecution
at once bowed to the decision of the Judge,
and offered no 'evidence in support of the in-
dictment. The defendants were, of course, exone-
rated from all further liability. . But who was to
repay them for the annoyance and vexation, loss
of time and heavy expenditure incurred by the
outrageous decision of the coroner's jury, through
whose conceited self-sufficiency and gross igno-
rance it occurred that these gentlemen had their
names exposed in the criminal calendars as cul-
prits, who " feloniously killed and slew" one of
their fellow-creatures, were compelled to appear,
at any personal inconvenience, at the general gaol
delivery for the county of Surrey, no matter how
urgent their other avocations might be, and to bear
the heavy expense of instructing a numerous staff
of counsel. The grand jury may chuckle at their
own impunity from the consequences of their mis-
taken verdict, but they may learn that such gross
ignorance as they have displayed is scarcely more
defensible than wilful malice, and that, although
not legally, they are morally responsible for th e
damages incurred through their most absurd and
most unjustifiable verdict.

?MONEY MARKET

the manlier and the more honourably avowed
course pursued by that of our neighbours. It
was not thus in the days of CANNING, or, yet later,
when the seals of the Foreign-office were held in
the grasp of PALMERSTON. Deplorable as the
fact may be—it is so nevertheless. Throughout
the whole of these diplomatic negotiations we

AND
CITY INTELLIGENCE.

CITY, QUARTER TO THREE, THIS DAY.
The cotton market at Liverpool yesterday was
dull ; sales, 7,000 bales. Shares were lower.
The steamer Pacific, from New York, brings
very little specie-10,000 dollars and 4201. Stocks
on the 23d ult. remained much the same. Ex-
change on London 1088 to 1091. Flour was
scarcely maintained.
The Continental advices are of a more favourable
character as respects the harvest prospects.
For the estate of Mr. Thomas Attwood, a capi-
talist is stated to have offered 280,000/., and this
would leave a considerable surplus to Mr. Attwood.
The sum to be paid into court by Mr. Hudson,
in connection with the York and North Midland
suit, has been reduced from 54,0001. to 20,0001.
Bills of exchange were taken yesterday afternoon
at very firm rates. Paris, 90 days, brought 25 171
to 25 25, Amsterdam u. 171 to 18, Hamburg
13 6/ to 7, and Trieste 10 58 to 11.
The Honourable East India Company have ad-
vanced the rates for bills, on Bengal to 2s. oid.,
and on Madras to 2s. cid. per rupee.
The Amalgamated East India Railway Company,
it was yesterday decided at the Fast India House,
shall receive a guarantee of 41 per cent. per annum
on a capital of eight millions sterling, of which
3,000,0001. will be furnished by the Upper India
Company, giving six of its shares for seven of the
East India Railway. This arrangement must be
regarded, under circumstances, as very satisfactory.
The advance generally made yesterday in the
rate allowed by the discount-houses for money upon
" call." to 21 per cent., must be considered the
natural consequence of the various complications
political and social that surround us. The fact that
we are importing largely of foreign grain, and that
we are sending our gold to the Continent almost as
fast as it arrives, is sufficient to explain one phase
of the matter ; and the statements in Parliament
last evening will increase the apprehension of
war. It would be erroneous to infer, however,
that money is absolutely scarce. There is a full
supply generally, and the immediate cause of the
advanced charge is the extreme activity of various
branches of commerce, and notably the Australian
and American trades, and the large undertakings
into which we have entered abroad. The result of
all this must be to add considerably to our pro-
fits, and to turn the balance of trade more de-
cidedly in our favour. The discount houses
being so much under the Bank of England
terms, have adopted no extraordinary course, in
giving 2 per Cent., as they charge 31 for best
bills, and the number of these within the last few
days, sent up from Liverpool and other places, has
been greater than of late. Even the rise in the
value of most articles of consumption, and the ad-
vance in freights and wages, acts upon the demand
for money, more capital being required to carry
on business. There is scarcely any further margin
of profit upon the shipment of gold to Paris, now
the Mint requires 54 days to meet it, and the pro-
bability is, that less will be sent. The dearer
money becomes here, the less likely it is to be sent
abroad.
The English Stock Market has been extremely
depressed, and large speculative sales have been
made. The answers last evening of Earl Clarendon
and Lord John Russell are not regarded as satis-
factory, and the advance in the value of money has
had an effect. Consols have been 971 toe for
transfer, and after opening at 97i for account,
have dropped to 97* to 14.. The New 3/ per
Cents. have been Di to Exchequer Bills are
3s. discount to Is. premium. South Sea Old
Annuities are at mi.
The Foreign Securities have been all weaker by
sympathy with our own funds, but the sales are
not large. Mexican Bonds have have been 251 to
26. Equador Stock is at 5. Spanish New De-
ferred Bonds are worth 221 to 23, and the Certi-
ficates bring 61 to 68. Sardinian Bonds have
dropped to 95 and 94. Portuguese Four per Cents.
are 421 to 43, ex. dividend. Russian Four-and-a-
Half per Cents. are down to 101 to m. Dutch
Four per Cents. have been at 98.
The Railway Share Market has been much
lower, the fall being about 1 per cent. on the
average, though in several instances more. French
Shares are down about ss. to 10s. per share; Upper
India keeps firm.
The Gold Mine Shares have been at about previ-
ous rates.
The Australian Banks are cheaper, and also the
Land Companies.

have played towards France the part played

,owards Mr. BURKE by his provincial colleagues.

France has declared her sentiments in reference

the treatment of Turkey by the Russian Arro-

CRAT with dignified resolution, and all that Eng-
land, under the guidance of Lord ABERDEEN, has
yet allowed herself to do, has been to say " ditto"

to the neighbouring Government. The Emperor
NAPOLEON has more than once boldly intimated
his determination to consent to no inadequate or
dishonourable compromise with the councils of
St. Petersburgh. ,His MAJESTY'S Minister for
Foreign Affairs, M. DRouYN DE 12.Hmirs, has an-
swered the haughty and pragmatical circular note of
NESSELRODE, in language eminently well befitting
the dignity of a powerful and independent nation
—foremost among the western races of the
European Continent. Whereas, with our rulers,
it has been in every way different. Instead of
boldly "coming
to the point," they have stood
doggedly
upon all sorts of petty little diplo-
matic punctilios. They have veiled all their pro-
ceedings with mystery, and evaded even a few
explanatory syllables by systematic prevarication.
While the official organ of the French Govern-
ment, the Moniteur, and still more the ex-official
organ of the Tuileries the Pays, were courage-
ously and consistently affording the popular mind
assurance that the policy of the EMPEROR and his
Ministers would be a calm but resolute vindica-
tion of the independence of Turkey, and
of the rights of Europe, and of the hon-
our of France and of Christendom—the official
and unofficial organs of the Cabinet in Downing-
street were wavering between a panegyric on the
policy of the CZAR and a reluctant expression of
regret that too hasty measures had been adopted
by his Government. The truth of this statement
may be readily verified by reference to the last
quarter's file of the Times newspaper. All that
has hitherto been extorted from the leading mem-
bers of the Coalition Cabinet amounts, we repeat,
to the one iterated avowal that they are acting in
perfect accord with the councils of the.. French
Government. And thus obscurely, hesitatingly,
and timorously have matters been conducted, up
to this moment, by our Administrators—thanks
to the souvenirs of a worn-out policy still clinging,
like burrs, to the mind of that " dear" 'and " ex-
cellent" 'ABERDEEN. It has so happened, con-
sequently, that we have hung like a, clog up to'
this hour upon the skilful and resolute arm of
French diplomacy. It has so happened, more-
over, that the CZAR has pressed forward with
daring and unflinching pertinacity, under cover
of a grand and golden opportunity. Until,
not merely have his soldiers crossed the Pruth
and taken violent possession of the Danubian
Principalities, but the political agents of his Ab-
solutism in Moldavia have forbidden Prince GHIKA,
the Hospodar of that province, to send further
,ribute as of yore to his liege Suzerain at Constan-

MARRIAGES IN HIGH LIFE.—A marriage has been
arranged, and will shortly take place, between Mr.
Charles. Arthur Aylmer and the Hon. Sophia Mackay,
daughter of Lord and Lady Reay.—Massey Lopes, Esq.,
eldest son of Sir Ralph Lopes, of Maristow, Bart., and
M.P. for South Devon, is about to lead to the hymeneal
altar the only daughter of the worthy baronet of Lupton,
Sir John Yarde Buller, the colleague of Sir Ralph Lopes
in the representation of the county.
ROYAL ITALIAN OPERA.—Her Majesty the Queen and
his Royal Highness Prince Albert honoured the perfor-
mances at the Royal Italian Opera with their presence
last evening. The Royal suite consisted of the Hon.
Miss Seymour, the Hon. Miss Paget,. the Marquis of
Ormonde, Colonel Bouverie, and Captain the Hon.
Dudley De Ros. Their Royal Highnesses the Duchess
of Cambridge and the Princess Mary also honoured the
performances with their presence. Their Royal High-
nesses were accompanied by the Hereditary Grand
Duchess of Mecklenburgh-Strelitz, and attended by
Lady Suffield and Baron Knesebeck ; Lady Caroline
Cust was in attendance on the Hereditary Grand
Duchess. His Royal Highness the Duke of Cambridge
also honoured the theatre with his presence.
DEATH 05' THE EARL OF SEAFIELD.—We regret to
announce the demise of this nobleman, who expired on
Saturday last at Cullen House, the family seat in the
county of Banff. The deceased was born in 1778. The
earl is succeeded in the family honours and estates by
his eldest son, Viscount Reidhaven, who married in
1850, the Hon. Caroline Stuart, youngest daughter of
the late Lord Blantyre.
THE JUNIOR UNITED SERVICE CLUB.—Wei hear that
the members of this club are about to emulate the ex-
ample of the Army and Navy, and construct a new
club-house on the most extensive and splendid scale.
ASSESSED TAXES.—It appears from a return, moved
for by Mr. Pellatt, that the reduction, under the new
scale of duties, to the 20 highest contracts of composi-
tion, within the London district, effected under the pre-
vious act, will be considerable. In most instances the
new duties do not reach a third of the former charge.
THE HACKNEY CARRIAGE BILL.—Mr. Frewen has
given notice of his intention to move, on the third read-
ing, a clause making the fare between midnight and
half-past four in the morning half as much again as the
day fare. Mr. F. Scully will also propose a clause im-
posing a penalty, with liability of suspension of license,
on the proprietors, for withdrawing the carriage from
hire for two consecutive days, without just cause, or
without giving 10 days' notice to the commissioners.
FOREIGN EXCHANGES.—By advices from Hamburg
the price of gold is 425 per mark, which, at the English
Mint price of 3/. 17s. 100. per ounce for standard gives
an exchange of 13.48 ; and, the exchange at Hamburg
on London at short being 13.4, it follows that gold is
0,41 per cent. dearer in Hamburgh than in London.
The quotation of gold at Paris is about at par (accord.
ing to the last tariff), which, at the English Mint price
of 3/. 17s. 101-d. per ounce for standard gold, gives an
exchange of 25.15 ; and, the exchange at Paris on
London at short being 25.04 it follows that gold is
about 0.58 per cent. dearer in Paris than in London.
The course of exchange at New York on London for
bills at 60 days' sight is 110 per cent., and, the par of
exchange between England and America being 109
23-40 per cent., it follows that the exchange is nomin-
ally 0.42 per cent. in favour of England ; and, after
making allowance for charges of transport, the present
rate leaves a small profit on the importation of gold from
,he United States.

tinople.
Startled, it would seem, into a tardy recogni-
tion of the folly of previous concessions and pro-
crastination, the Earl of CLARENDON, last evening,
avowed in the Upper House, that the Cabinet
has at length been- driven to the necessity of
forwarding instructions to the British Ambassador
at St. Petersburgh, to demand explanations forth-
with from the Government of the AUTOCRAT.
Looking back over the sad perspective of these mon-
strous ,events, and of these most dilatory negotia-
tions,/and remembering that the noble lord the
member for Tiverton is at this critical time in the
Home Office, instead of at the head of the Foreign
Department, we may with reason exclaim from our
heart of hearts, " 0 for one hour"—not "of
blind, old DANDOLO," but—of PALMERSTON !

BRITISH FUNDS THIS DAY AT ONE O'CLOCK
(From the Official List.)
Business done.
3 per Cent. Reduced Annuities 9B A 771
3 per Cent. Consols Annuities
New 34 per Cent. Annuities lOOl
Long Annuities, Expire sth Jan., 1860
India Bonds, £lOOO
South Sea Old Annuities
Consols for Account 11th August
Exchequer Bills, id.
£IOOO
.E500
Small 1 p 3 d par

PRICE OF FOREIGN FUNDS AT ONE O'CLOCK,
Buenos Ayres Bonds, 6 per Cent 6l
Equador Bonds
Grenada Bonds, Deferred
Mexican 3 per Cent.
Portuguese Bonds, 4 per Cent.
Russian Bonds, 5 per Cent.
Ditto 43 per Cent.
Sardinian Bonds, 5 per Cent.
Spanish New Deferred, 3 per Cent —
Ditto for the Account 23 21
Spanish Committee Cert. of Coup. not fun. 6i i p c
Swedish Loan ....... ....... .... ...... ...
Dividends on the above payable in London.
Dutch Exchange, 21 per Cent. ..........
Ditto 4 per Cent. Certificates ...... 9B
HALF•PAST TWO.

The attempt to render railway directors and
railway officials criminally responsible for every
unfortunate accident that happened on the lines
with which they chanced to be connected, has
received a heavy blow and great discouragement.
The Lord Chief Baron in a forcible address to

the jury, on the trial of the Honourable FRANCIS
SCOTT, the Chairman, and Mr. BEATTIE, the
Superintendent of locomotives on the South-
Western Railway, clearly and unequivocally ex-
posed the folly and absurdity of the course re-
commended by some journalists, who have at all
times exhibited a rancorous and unreasoning hos-
tility against all persons connected with railways,
and adopted by coroners' juries whom self-suffi-
ciency rendered insensible to the well-merited
castigation, which they might subsequently re-
ceive from the judges presiding at the trials
which their ridiculous and unwarranted verdicts
had rendered necessary. If these sagacious and
intelligent personages had their way, it would be
vain to expect that any gentleman of indepen-
dent means, and respectable position in society,
could be induced to
.accept a seat at a railway
Board, or to assume the onerous and responsible
duties of the situation. The magnificent iron net-
work with which our land is intersected, no longer
available for purposes of traffic or intercommuni-
cation, would remain gigantic monuments of the
criminal folly of those who, exhibiting gross in-
gratitude to men who ought to be looked on as
national benefactors, tried to convert the law into
an instrument of oppression, and summoned to
the bar of a criminal tribunal to answer au aceu-

Consols 974
Ditto August Account 97i t t

GOLD.—The Nelson has arrived from Port Philip,
whence she sailed on the 15th of April, with 25,000
ounces of gold, vAlued at 100,0001. The Golden Land,
which left on the Ist of the same month, brings 2,700

ounces. The Blorenge is also reported, but has, it is
stated, only 59 ounces. The total specie received from
New York, the West Indies, and Australia has been
upwards of 560,0001. Gold has continued to be re-
mitted to Paris up to the prpsent moment, but the
Mint having extended their period for coinage to 54
days, it is now found to be a blank operation, which
covers its expenses, but leavi:s no profit.
PRESENTATION.-It is understood that the insurance
offices and underwriters interested in the ship Adelaide,
which was saved from destruction on her late voyage
from South Australia to London, have, after compensa-
ting the crew for their services, presented Captain Tre-
mearne with 1,0001. and a silver tea-service.

,sation which, if well founded, would warrant their
perpetual banishment, gentlemen of character and
responsibility, against whom even the counsel for
the prosecution could not venture to prefer a charge
involving the slightest moral delinquency. With
such an example before our eyes, we should no
longer feel. surprised at the conduct of the Turkish
Cadi, who, in order to appease popular clamour,
should condemn to the bastinado, or even to
death, an ill-fated baker, because the price of
bread was something higher than "his majesty
the people" deemed expedient at the moment
—or of those who deliberately sacrificed the
unfortunate BYNG in the middle of the last cen-
tury,
in order to direct into another channel the
censures
which. they had themselves most richly
merited.

THE LATE FORGERY ON THE NORTH AND SOUTH WALES
BANE AT LIVERPOOL.—On Monday, at the Liverpool
sessions, Matthew Mudd and John Gore, alias Brown,
were charged with fraudulently obtaining the sum of
3001. from the North and South Wales Bank of that town.
It appeared that in July last a person named Simpson, who
had for several years been in Australia, where he had
accumulated a considerable sum of money, and left that
country in the Lady Flora with 4401., which he in-
vested in a bill on the Australian Bank, and had cashed
on his return to England. Being about to get married,
he went to Liverpool, and stopped at the house of a
Captain Brown. Captain Brown shortly after proceeded
with a vessel to Messina, where Simpson accompanied
him, leaving 201. with a person named Eliza Richardson,
to whom he was to have been married, together with the
deposit receipt for 3001. The prisoner Gore, who was
in the habit of frequenting the house, got possession of
the deposit receipt book, and with the assistance of
Mudd, who stated to the clerks of the bank that he
knew Simpson, and that Gore was that person, got the
3001. out of the bank. They were both found guilty,
and the Recorder sentenced them—Gore to transporta-
tion for seven years, and Mudd, who was recommended
to mercy, to imprisonment, with hard labour, for nine
months, in addition to a fine of 1001. At the conclusion
of the trial the witness Simpson was taken into custody
by two of the London detectives, on a charge of being
one of the parties to the gold dust robbery on board the
Lady Flora, on her homeward passage. Simpson,
during his cross examination, admitted that he had
gambled a good deal during the passage, and bad lost
money. He had, he stated, gambled with a passenger
named Grawcor, who had been convicted for stealing
the some of the gold dust in question. It was the opinion
in the court, however, that the warrant was informal,
and could not be acted upon.
RAILWAY COMMUNICATION FROM FENCHURCH-STREET
KEW.--Thisentire
distancecir cui toufsrormoutFch
route
eonfruarileh railway .
To
street,
tion,
Black-
wall Terminus to Kew, being 18i; miles, was publicly
for
opened
. passenger traffic on Monday ; the newly-
opened portion of the l
round London, l line completing the half circle
Tower, and terminating as it does the Thames near the
the old line at Haimating at Kew-bridge. After leaving
the London and Noftshead-road Station, the trains take
far as Willesden, when theater'', and proceed nearly as
then pursues its course over the go off to the left. The line
and through the more western e Great Western Railway,
continues its way in almost arn poTtion of Acton. It
loop line of the South Western straighta direction to the
1 within a short distance of the I way, and terminates
waterworks near Kew-
I bridge.

u"e
of
The facts of +l,
case were very simple. The
laudable anxiety to improve
the working
defendants, with a
were connected, the important line with which they
traffic and to afford every possible
facility to the
last, taken a specia. train, the district, had, in May
of business or pleasurealnl,3 not for private purposes
line, to see that it was in
nt simply to survey the
l 3
and to ascertain its capabilities
working order,
Unfortunately, there was laws to the utmost.
no telegraphic com-
munication along the branch line
to Alton which
was particularly desirable to inspect. All
it
t
signals were, however, exhibited at the he proper
and it was the duty of the deceased (a sptoatti°lle
the intermediate station of Farnham) to hry
at
taken notice of these signals, and to have avoided
any danger that might be occasioned by the ar,_
proach of the special train. Through his own
carelessness and neglect the melancholy accident
occurred. He disregarded the signals to which
he should have attended ; and mistaking the
special for the ordinary passenger train, reck-
lessly rushed to meet it, and thus met his lament-
able fate. It was, however, attempted to be
argued that the persons engaging the train should
be held criminally responsible for the accident
rehich was really occasioned by the reek-
s,,ness and disobedience of the sufferer. And the
i Coroner's Jury, emulous of the fame achieved by

THE SUN, LONDON, WEDNESDAY EVENING-, AUGUST 3, 1853

SPOR'

TES

BABBLING ABOUT BRIGHTON.

Everything indicates a busy and successful meeting.
The town is filled with sporting visitors, and the number
of horses in the neighbourhood is considerably larger
than on any former occasion. The Assembly Room at
the Old Ship Hotel has been converted for the nonce
into a subscription betting room ; but the muster of
sporting men there has at present been very scanty.
After the fatigue and excitement which attended the
Goodwood Meeting, turfites are inclined " to do things
on the quiet," and evidently prefer a stroll in the cool
of the evening by the sea-side to the active pursuit of
speculation in a room which, however commodious and
well appointed, mint be comparatively warm and un-
comfortable.
Lucy Bank's colt, Hobby Horse, and Harbinger, are
the most attractive names among the thirteen nomina-
tions for the Cup ; and a strong probability exists that
the result of the race will be in accordance with the
order in which I have set down their names.
For the Pavilion Plate I select Sanita, Puritan, and
Snarry, and the Biennial Stakes for two-year-olds I as-
sign to King Tom.
It would be superfluous to touch upon the other races.
I am informed that Calliope met with an accident
this morning. She was at exercise on the course, and,
bolting, fell over the chains. She cut herself, but not
severely ; her rider was, howeier, conveyed to the
Infirmary. A FRESH MAN.
Brighton, Tuesday Night.

ORDER OF RUNNING.
2.30 p.m. Trial Stakes.
3.30 p.m. First Biennial.
3.40 p.m. Brighton Stakes.
4.25 p.m. Marine Plate.
5. 0 p.m. Nursery Stakes.
5.35 p.m. Railway Plate.
6.10 p.m. Town Plate.
ADDITIONAL ARRIVALS.-11a,rbinger,`Yharos,
William
Rufus, and Dagobert.
LATEST BETTING.
BRIGHTON STAKES.
3 to 1 agst Pantomime.
3 to 1 agst Poodle.
, 4to 1 agst Adine.
• Bto 1 agst any other.

WENLOCK RACES. YESTERDAY.
WENLOCK STAKES.

Ganieboy filly
Knight Errant
Countess of Theba
Six ran. Won in a canter
FARMERS' PLATE.
Libel gelding

After four heats.

RACING FIXTURES FOR 1853.
The figures within parenthesis denote the number o
day's racing.
AIIGUST.

Ripon (2) —
1 • Canterbury
Newton Abbot (2) ' 1 Tonbridge (1) 18
Brighton (2) 3 Radcliffe (3) 22
Airdrie (2) 4 Egham (2) 23
Edgware (2) 4 Liverpool Hunt Cup (2)..24
Brighton Club (1) 5 Derby (2) 25
Wolverhampton (3) 8 Hereford (2) 29
Yarmouth (2)
Reading (2) lO Lichfield (2) 29
North Staffordshire (21...10 1 Chelmsford (2) 30
York (3) 17 1

SHERIFFS' COURT-(THIS DAY).

(Before R. Gurney, Esq.)

REMUNERATION TO MEDICAL GENTLEMEN IN CASES OF
ACCIDENT IN THE STREETS.-BOWE V. DOLMAN.

The plaintiff in this case is a surgeon, and the defen-
dant is a gentleman, residing at the west end, and
sought to recover the sum of 2/. 2s. for professional
services.

It appeared that the defendant met with a severe acci-
dent in Regent-street, and plaintiff and other members
of the profession were promptly in attendance. The
plaintiff at once took the case under his care, and was
in attendance nearly two hours, and defendant was then
conveyed to his own residence, where he was attended
by one of the other professional men, who, according to
plaintiff's evidence, had not in the slightest degree inter-
fered at the time plaintiff was taking the preliminary
course. Defendant, on first seeing the plaintiff, asked
him if he was a surgeon, and being answered in the affir-
mative, placed himself in his hands. The bill of the
second gentleman was large, and it was contended that
plaintiff ought not to recover as he had volunteered his
services.
The plaintiff said he had done as any other gentleman
would have done under the circumstances. He went im-
mediately he was called, but very frequently several
arrived within a short space of time.
The learned Judge said that it appeared there had been
a retainer by defendant putting the question as to
Whether plaintiff was a surgeon ; the after engagement of
another did not imply any want of skill, for there might
be many causes to engage a gentleman in the immediate
neighbourhood.
His Honour gave judgment for IL is., subject to the
production of plaintiff's diploma to Mr. Wilkinson, the
chief clerk of the court, and the case was adjourned un-
til to-day for that purpose, which was now done.