The Sun.
London, England, 1838-12-08 00:00:00

WOOD U WHITE

The C,,urt was d th. remainder of 'he in ,rning
the forthor arguments in this np,eal ftoin decisio,i of the
Master of the Rolls. The only que,tion in the else w-as as
to the validity of a title. The Court below was of opinion
that it was bad, and dismissed the bill with cos s.

QUEEN'S BENCH.--(THIS DAY

DEVENALI. V 11, PE.

This was an action to recover a sum IS 481. 1, 61. the
amount of a bill f r medicine and medical aitendanise. The
plaintiff was a surgeon and apothecary, carrying on busire,s
in Lichfield-street, Oxforo-street, and the defendant, a lady
residing. at Charlotte-street, Portland-place, and afterwards
in Kentish Town, and the attendance was during a period of
six months, from January to June 18?8.
Mr. Thes-iger appeared for the plaintiff and Mr. Ei le and
Mr. Richards for the defendant.
David Jones— I am a medical man, carrying on business at
Lo;idon-wall. I know the plaintiff, who is a surgeon and
apothecary. I think the charges in the bill now produced
fair and reasonable. I think 10s. 61. a visit not ten much,
There are different modes of charging for attendance.
Cross-examined—ln 1813 the plaintiff kept an apothecary's
shop. I don't think that eight draughts and eight powders
a-day too much, if they were effervescing powders.
Mr ERLE—Would that be two much for a person that was
more frightened than hurt ? (A laugh.)
Mr. THEssroER—I beg my Leered Friend's pardon. but I
don't find the ti rm " more frightened than hurt" in the bill.
—( Great laughter.)
Mrs: Ann Wright—l live in Charlotte.street, near Portland-.
place. Mrs. Hope was residing with me in October, 1837.
Mr. Devenall was attending my little boy and I recommended
him to Mrs. II pe ; that was after Christmas. She had
violent retellings. Mr. Devenall attended her for a long time.
He sent her medicine of different sorts. The rffervescieg
draughts were very good for the retellings. He had leeches
applied to her. Mr. Devenall was sent for by Mrs. Hope
after he had discontinued coming. Mrs. Hope's child was ill
on one occasion at night, and plaintiff was sent for. Mrs.
Hope aftyrwards removed to Cirencester place, in April.
She approved of Mr. Devenall very much. I thought Mr.
Devenall very clever myself. There were three dozen and
nine bogies when Mrs. Hope 1- fr.
Mr. ERLE —I fii,d there are 177 bottles charged in the bill.
Catherine D ribs-1 attend 'd the defendant until the 24th
May. I head she hd a fall from a cab. She was very ill
the greater part of the time with sickness of the stomach,
head-ache, and weakness of the nerves. Mr. Devenall said
she was pr, gnant, and I made all the btby linen by Mrs.
Hope's directii.ns. I put leeches behind each ear en one ecca-
sioi. 11r.. H p wrns vry delicate and always tied a very
e appetit,.• ; she ale, fir.,ndy-and-w titer, and gin-
aod-water._(Griat laughter.) She only took it in inodera-
tma. After leaving Cis encester. pLee, Mrs. 11 pe removed
to 4, Mortimer-terrace, Kentish 'Liar,. I was throe with her
only a ivi-ek, and during that time plaintiff visited her three
times. He said the distance was too far, and recommended
her to gel a medical attendant who lived nearer, as it was too
f.r for him. She said she had engaged him to attend her
during her confinement, and would not think 101. too much if
he would come.
Cross examined. —One batch of medicine was returned, as
she said she felt herself well enough. Mr. Devenall told
Mrs. line to walk across the room, and then he said, " By
G--- d, Madam, if you are not with child, my mother never
bore me."—( Roars of laughter ) That was in February. I
never. kn-•w illn.ss to follow taking the ale or brandy-and-
water. It was on the 16th May Mr. Devenall called in Mor-
timer-terrace. Mrs. Hope was very large, as if in \he
family-way.
By Mr. THESSIGER —I never saw any bag of Inc:ian rubber,
anything else that could be infl ited.—( Much laughter.)
The gentleman who visited her was about forty, but never
heard him .-xpress any particular wish for a family.
issistant proved preparing the medicine and send-
ing it to Mrs. Hope. The prescription was carbonate of
ptass and citric acid, with pimento water. That was the
medicine stint all through. The bill was sent in shortly after
Mr. Deven,ll ceased to attend. The plaintiff's medicine-boy
proved the delivery of the medicine.
Mr. J. H. Tucker— I am a surgeon and apothecary in BL.r-
ner's-street. I think half a guinea very reasonable for each •
visit.

Mr. ERLE addressed the Jury for the defendant. Mrs.
Hope sought to protect herself by the verdict of the Jury from
the exorbitant charges of the plaintiff, who, not content with
mistaking Mrs. Hope's complaint, and giving her medicine
which ageravated her illness, got up a charge of her being given
to drink, and that she resorted to the trick of persuading some
person thirit she was in the family way. He complained of the
exorbitant charges and the enormous quantity of medicine
a:nt in for a period of six months, while every visit was charged
for at the rate of 10s. 6d. It was the recognized practice of
apothecaries to mix up medicine that costs them almost no-
thing, and in that wag repay themselves for their visits ; but
to charge for visits and for medicine of the most ordinary de-
scriptions besi les, was most unfair and extortionate. There
was at least 14s. a day charged for medicine, and then half_
a• guinea for attendance. He believed it was known to the
other party that from the treatment Mrs. Hope had received
she was now in such a state that her death was hourly ex-
pected. The attention of the plaintiff was repeatedly called
to Symptoms to show that the child was dead, and yet he to-
tally disregarded them, and said that everything was going on
well. On the 9th of July Mrs. Hope was in such a state
that Dr. Merriman was called, who at once said the child was
dead, upon which plaintiff got into a great passion and said
they w re both liars—insisted upon being immediately paid 10
guineas for the nurse he had hired to attend her in her confine-
ment, and bbhaved in the most improper manner outside the
door to apprise the neighbourhood of toe unhappy situation of
Mrs• Hop .. Three weeks afterwards the plaintiff resorted to
the very strong expedient, he would call it, of arresting his
client while her health was in that precarious state.
Mary Cockerell-1 was employed by Mrs. Hope on the 17th
May last, at i-past 6in the morning. No medicine was sent in
on thatday or till the 21st. [Mr. Erle—There are charges on the
17th andlBth in the bill. ] Mrs. Hope said she did not wish plain-
tiff to call, and he said he was visiting a person in the neigh-
bourhood. I thought the child was dead, and repeatedly
asked Mr. Devenall if he thought it lived, and he always
said Yes. About a week before he left he said she would have
a fine chil -_that was in June. I showed something to
plaintiff, and he said, " Nonsense, it was nothing—every-
thing was going on regularly." That took place more than
once. He pulled down the bed- clothes very rudely, and Mrs.
Hops said she would not allow him to examine her. Dr.
Merriman was called in that evening ; and next day when
pl4ititiff called, Mrs. Hope told him of Dr. Merriman being
called in. He got into a great passion. Mrs. Hope begged
of him not to make a noise, as she was very ill and weak. He
said he would make as much noise as he pleased. When I
told him that Dr Merriman said the child was dead, and ought
to have been removed months ago, he said 'he was a d--d
liar, that it was no such thing. He said to Mrs. Hope, in my
hearing, " If ever she was in the family way she was then, and
he hoped the child might stick there." He spoke of Mrs.
Hope's situation when standing at the street door, and then he
said ho should have two months wages for the nurse, on Mon-
day, or take the consequences. Mrs. Hope is now living at
Chertsey, and I came from there to attend the Court. I ex-
pected to have heard of her death since I came here. She
has never been able to walk eight yards since then.
Cross examined—Mr. Devenall said something of Mrs.
EL.pe being an impostor and deceiving him; and she begged
of him not to put himself in a passion, as she could not bear it.
She was arrested when going to Chertsey.
Sarah Witley was called on her subpoena, but did no
appear.

Doctor Merriman was alto called, but was not in attendance.
Mr. 'FnEssmEn. replied. He complained of the unfairness of
making statem,nts involving the character of a medical man,
which his Learned Friend was not prepared to prove. After
remarking upon the various charges which had her n made,
arid Hhich were calculated to injure the character of Mr.
Devenall, without any proof whatever being adduced in sup-
port of them, the Learned Counsel concluded by submitting
that the plaintiff was entitled to the sum claimed.
Lord DENMAN summed up, and the Jury, having retired,
returned in about half an hour with a verdict for the plaintiff--
Damages, 25/.