The Sun.
London, England, 1824-08-06 00:00:00

ASSIZE INTELLIGENCE.

CAMBRIDGE, WE istitspaY,l 'Atm. 4.
CIVIL ihmt.—Belbre the LORD Cutlr BARON'.
TIDO EU(O v. CUARLES CDEERIC, ESQ.
This was an indictment against the defendant, for obstruct-
ing a Clergyman in the performance of his duty. There wire
also counts for a common assault, upon the 'wish clerk of Pap-
worth-Evered, and two other individuals.
Before the OM commenced, Mr. ST ours and Mr.Coorr ha,
who were the the defendant. proposed a compromise ; but
the Counsel for the plaintiff declared the thing to be impossible
—the aggravation and insult of which the prosecutor com-
plained having been carried on, in fact, even up to the present
Moment.
Mr. Rosorsole stated to the Jury that the prosecutor, .Jr.
Gail,bad lately been Curate of' Papworth-Evered, and now
held a living presented to him by ll'lsgdalen College. Mr.
Cheere, the defendant, WM a man of' considerable influence and
fortune ; a Member of Parliament for Cambridge; a Magis-
nate for the County ; and though last, not least important to
the question before the Court, Churchwarden of Papworth-
Evered. The circumstances were something singular which
had given rise to the present difference between Mr. Cheere and
the prosecutor; but throughout the preliminaries to that trans-
action, as well as thmugh the transaction itself, the former
eiould be found to have acted in the spirit of a man and of a
Christian. If he had now, at the eleventh hour, refused to ac-
cept that amcnde from the defendant which would fully have
setisfled him if offered at an earlier moment, it was because he
felt that a public tribunal was now the proper power to which
he should appeal. He felt, and wished to act, in a manner be-
coming the character of a Clergyman ; but he did not think that
his function required him to wave the common feelings of a
Gentlemen. The Learned Counsel then proceeded to detail
the circumstances (afterwards given in evidence) which had led
to the violence of which his client complained. In December
last, it seemed that there had died, in the parish of Papworth-
Evered, a pour infirm old man of the name of Dawes, who fur a
long time had been in the employ of the defendant. In the manner
of Dawes's death there had been some peculiarities; he lived
eone in an hovel in a state of great destitution, and was found
dead on the floor of his but, with his clothes on—eircurnsuinces
which, in the view of Mr. Cecil, anti several other persons in
the parish, made a Coroner's Inquest prudent upon his body.—
It might be sufficient to say at present, that this man Ilia died
on the 16th of December, and that he was to have been buried
on the 18th; but that a protest (55 to the necessity of an
Inquest) had delayed the funeral to Christmas-day., the
26th. On that day, however, no Inquest having, taken place
but a communication having passed between Mr. Cecil, anti
his superior the Rimini)) of Ely, Mr. Cecil had been in the
act of reading the burial service over the body of this old
roan, when he had suffered thar interruption from the de.
fendant for which the latter was now called upon to an.
swer. The Jury would hear (anti with astonishment) that
while Mr. Cecil was reading the liurial service, Mr. astonishment),
bad attacked him in a most profane and indecent partxly
upon the scriptural words ; followed him into his church. in.
inked him there, and ordered his congregation to quit the
edifice. In the end, the defendant had concluded by locking
the church up, with the unburied body in it, where that body
bad remained until after the ensuing Sunday, anti indeed until
the building was in a state scarce fit to he mentioned. Ile had
farther ordered the parish-clerk to carry away the sacramental
bread and wine; sent to the prosecutor requiring him to sur-
render his surplice • and told him, when he locked up the
church-door, and slim him out, that he (Mr. Cecil) should
never enter that church again. Mr. Robinson sat down by
stating that this outrageous conduct on the part of Mr. Cheere
was an offence at the common law, and also an offence under
a particular statute—the statute or the Ist of Queen Mary.—
That Statute had made it penal to interrupt an archbishop or
bishop in reciting the mass, or in any other branch of the church
service; and Mr. Sergeant Hawkina, in his likes of the
Crown, held that the disturbing any Minister of the Establish-
ed Church in the reading of the Common Prayer came within it.
The Rev. William Cecil (the prosecutor) said—ln Decem-
ber last I was the curate of Papworth-Evered ; Mr Cheere acts
is a Magistrate for the county of Cambridge, and resides at
Papworth-Evered. "%Viten I first took the cure, he told me
that he was " perpetual church-warden." There was a man in
the parish named Joint Dawes, when I came to it; be lived
In a small house, which I understood was the only house built
by the parish for the poor. Dawes was between 80 and 90
years of age when I first saw him, and in a state of extreme
wretchedness. When I met him in the street his clothes were
in such a state that I was obliged to torn aside for decency's
sake. I believe that he had nothing which could be called
bed, but lay, of nights, burying_his limbs in the ashes to keep
iiirn warm. in consequence of Dawsis's situation. I gave notice
to the overseer of the parish, but nothing was done fur him.—
After a time, I bought him some shirts and a bed myself. I
had seen him a short time before he died t but heard the cir-
cumstances of his death only from my parishioners t he died on
the 16th December. and in consequence of what I heatd, I sent
it notice to Mr. 11111, the overseer, signed by myself and most
of the parish, desiring to have a Coroner's inqueet. On the
liith of December (two days after this) I received lattice of his
funeral. I had notice to bury Wm on that day at two o'clock.
No inquest hail then been held; but I attended to limy, in con-
sequence of the notice. The corpse was brought up into the
churchyard; but then a parishioner came forward, and pm.
toted against burying without an inquest, saying that the
man had been as good as murdered, and ought not to be put
into the ground without inquiry; the name of this parishioner
was Cragill ; he had formerly been constable and overseer. In
consequence of what he said, the funeral did not go on ; he and
I afterwards saw Mr. Ingle, the coroner; and :fir. Ingle sent
over his deputy (Mr, Humphrleto ; but still no inquest was
proceeded in.. In consequence of all this, I made a communi-
cation to the Lord Bishop of Ely, and so matters remained.
On the 25th of December following, which was Christmas-day.
I attended at the church to perform divine service. There was
a very small congregation present—not more than nine or ten
'lemons, instead of 40 or 50. Just as I had gone through the
service, and before the sacrament had been administered, I
heard the bell toll, as for a funeral. I had given no orders fur
its tolling; but I put on my surplice, and took the book, and
went out in the usual way to meet the corpse. When I went
out, 1 saw the coffin of Dawes coming up the church-yard in
peocession. Mr. Cheers and Hill were at the head of it, and
he greater part of the parish followed behind. I then began
the herbal-service in the usual way, reading, " I am the resnr-
mtion and the life, eaith the Lord; he who believed) in me,
though ho be dead, yet shall he live ;" but Mr. Cheere inter-
rupted rue, calling out loudly, " He who believes in you ?
do fiat believe in you; it i=t too late; it is of no use," I went
on readingi but Mr. Cheere interrupted me again, whets I
came to " I know that my Redeemer lived)," crying, " We
do not know you ;" and he went on, " There is an inhuman
creature—.for I cannot call him a man—that creature would not
bury a poor man, only because he was poor; he would bury
me for a good silk scarf." By this time the coffin was carried
into the church ; and Mt. Oheere urged the people to go in
along with it. When they were in, he asked Warty thing had
!teen withered at the communion-table, and the clerk said,
No." Ile asked for the key of the church, and the,clerk
gave it to him t he then told the bearers to put down the corpse.
They hesitated at first, and I produced a letter which I had
received from his Lordship the Bishop of Ely that morning,
and offered it them to read, saying that I had authority to bury
the comic. Defendant then said, ", Yes. Sir; but that let.
ter was written in consequence of a false and scandalous
letter which you wrote to the Bishop t I also have a letter
from the Bishop." The bearers then put down the corpse
got before the pet:tide, telling
in the church, and Mr. Cheers
them all to go out, with great vociferation, and holding up
his arms to drive them, as though they had been a Hoek
of sheep. The people went out; and he then called the
clerk, and ordered him to take the communion bread and wine,
and carry it to Widow Gattimon'o. The clerk's name is (;res.
well. I offered to let him read the letter I had from the Bishop ;
hut he told me that Mr. Chem said he was his servant, and
the servant of the parish. I answered, that in the church
&moldered him my servant, and ordered him to go to his
hmtdohis duty. Mr. Cheere, however, ordered Creswell
mod the church, and lie went out with the rest of the people.
Was then left in the church with only my maid-servant, Ann
Siring. -Mr. Cheere desired her to go out with the rest, but
I matte signs for. her to stay. She told him she stayed by her
inester's order. He asked " who was her master 2" and she said
was. Mr. Cheere then went out of the church, and Ann Say.
init *hid she thought. that he had locked us in. I went through
the rest of the buriaLlnvice, which had not been completed,
sae being presew IV.: then went to the church door, where
yew Mr. Mate, Ile naked my maid if my hat and cane were
4''llol-nut t she said " Yet;" anti ha then said to me " Now.
ill You never enter this Church again :" and he added, "
see the betty buried myself, anti by a proper Clergyman."
icyllo into then Inch.4imp ot thee church-d aor i church-loos, went away, putting the
This happened on Chritunits-day. Tltc
elide, Creswell, .idiervards came to iris (from the defendant)
incur et" trerePl.titeire'ch.TVA,bey 'remained about nine days locked
up
;11,,re upon the sundny argeinted me from perform lug service
ilieustoi time. found the church locked
by a gentleman of' the
Cite body l: believe, buried
oneernotss
th-eoxltitileiniedh.e I have ahving, and had
been Curate about
tyhearesen e whenupottods,mterai7,,eatTinonold thin Ytoto ;kit iced The funeral, on
car received any notice as to it. Ctagill, ihini vest any order
water when he protested against the burial an, tile' Iwo4ll
hint es whet mar} aa most of the parishioner e. ofwth
aitnrk.

Holdoworthy ; he is a Clergyman, anti I hear that he called on
me once with Mr. Cheere. I was in my study, I think, when
Mr. Checre came, but I did not know who was with him. I
think this was after the 25th; I did not know but that Mr.
Cheere was alone, and I did not choose to see him. I received
a letter from Mr;Cheere, after the With of December, request-
ing me to bury Dawes's body. Mr. Cheere and I had not been
on good terms for some time when this transaction happened 1
I have since quitted the parish. I never said that the inquest
on Dawes was unnecessary. I finished reading the burial ser-
vice over his coffin while my maid and I were alone in the
church. I did say that I never would read the service again,
unless Mr. Cheere signed an apology (which I wrote) for his
conduct. I remember telling Creswell the clerk, that he was
responsible for getting the body put into the grave • that he
must get somebody to assist him, or do It as he could ; but I
do not remember to have said that he must pitch it, or push it
edgeways ; or drag it in, if he liked ; or that so he did get it
into the grave, it did not matter to me how."
Anne Saving (the servant.maid) corroborated Mr. Cecil's
evidence upon all material points.
On her cross. examination she said that she had been exa-
mined by the prosecutor, and her evidence taken down.
Mr. Cecil was then called back, and asked whether he had
not himself written the protest which Cragill presented on the
10th of December. lie said that he had ; but he had written
it at Cragill's request, and under his dictation.
John Creswell, the cleric, corroborated the prosecutor's testi-
mony as to what had passed on Christmas-day. lie thought
that Cragill had been " fresh in liquor" when he made the
protest on the 18th. The prosecutor had told him that he must
get the coffin into the grave some how—that lie might pitch it
in by the end ; that he could do it himself in half an hour. He
(witness) had known Dawes for 30 years before his death. The
house in which he died was the town poorhouse. Dawes had
been employed by Mr. Cheere up to the time of his death ; his
allowance was five shillings a-week,,which he (witness) had re-
gularly paid him. Fifteen shillings had been owing to him
when he died.
Charter Haines, it labourer, said that he had gone up with
1 the procession after Dawes's body on the 25th of December.
He had heard Mr. Cheere say to Mr. Cecil—" There goes that
ignorant fool, to preach to an empty grave."
Mc. &routes contended that this indictment had been
brought forward by the prosecutor rather to gratify his own vin-
dictive feelings than for any purpose of public justice. If it
was not so, why had Mr. Cecil demanded to have a written
apology signed by Mr. Cheere, as the only terms upon which
he would listen to any thing In the shape of amends or concilia-
tion. The-fact was, that on the 25th of Dec., there had never
been any intention by Mr. Cheere that the body of Dawes should
be buried ; he had merely meant to deposit it in the church
for security, until some other clergyman should be found to
officiate in the prosecutor's place. For the statements about the
wretched condition, &c., of Dawes, the evidence, even fbr
the prosecutien,-proved them to be wholly unfounded. It was
sworn by Creswell, that this man received an allowance of five
shilling* per week; and that the defendant (who was charged
with -neglecting him) libel been his only benefactor. For die
offence of Mr. Cheere, such as it was, it would be an offence at
the common law ; but it was surely too much to talk at this
time of day of a statute passed in the very worst period of
English history, to support the tettering fabric of Catholic su-
perstition. The Jury would look at the intentions of the de-
fendant, and at the feelings under which both the parties had
acted. Mr. Cheere wait'the last man, wh9, from education,
habits, or opinions, would be likely to do any thing in viola-
tion of the religious institutions of his country.; and he (the
Learned Counsel) should sit down, notwithstanding the hasty
expressions which his client had been betrayed into using, in
the fullest confidante of his receiving an aeqUittal.
The LORD Cute~ Banos; said, that the charge in the pre.
sent indictment was •two-fold—first, for the defendant's having
interrupted the church service; and next, for an assault made
upon particular individuals. The count relating to the assault
might he dismissed, for there was no evidence upon it ; but
that as to the interruption of the service, stood in a very dif-
ferent situation. A great deal of statement on both sides, and '
some evidence, had been gone into, which was foreign to the
case. The question was not as to the condition of the man
Dawes before his death; or as to the protest against his burial
on the 10th of December; or as to whether the prosecutor had
done right or wrong in abstaining from burying him on that
day ; the question was, shortly and simply, had or had not the
prosecutor been interrupted in his duty, by the .defendant on
the 25th of December? Now, unless the Jury discredited all
the witnesses hi the case, if what Mr. Clime had done did
not amount to an interruption, he (the Chief lieron) thought it
would be difficult to conceive what did. • At present, the only
business was to-find a verdict of guilty moot guilty : the pu-
nishment of the defendant (it' any was to be inflicted) would be
apportioned by the Court above. It bad been suggested, that
51r. Cheers" had not meant the body to he buried when he took
it up to the ,church on tint 25th of December, but merely to tie.
molt it there in safety until he could get some other eivrgyroan
not lilt. Cecil) to perform the service t II he had done this, he
'1
ad (even merely in so doing) done that which he had no right
whatever to do. in going forth to perform the service when he
heard the bell toll, Alr. Cecil, the prosecutor, had done no
more than he was justified in doing—no more than his duty ;
and that he had been disturbed in the execution of that duty
(If the witnesses were to be credited) it was almost impossibro
to doubt.

The Jury, without hesitation, found the defendant (on the
count applying to the interruption) Guilty.

WORCESTER, IV's:Din:arm; Atm. 4.
Defure lb. Justice LITTTXDALt and a Special Jury.
S LAN DER—EM ETIC.
PIENPOINT versus SHAPLAND.
• This action, by a surgeon and physician In Worcester, against
a lady of the same city for slander, excited a degree of expecta-
tion, almost without parallel in this city. Long before the hour
appointed for the sitting of the Court, all the places in the body
of the hall were occupied by a most respectable audience, a large
proportion Of whom elegantly dressed females. Even the
ledges on the outside of one of the windows were occupied , by
persona cwr to obtain a mere sight of the proceedings; and
their posmon excited much laughter. At line o'clock, Mr.
Justice Littledale entered the Court, and was with great diffi-
culty Indicted to his meet. At the same moment, the doors of
the gallery were opened and it was filled at the first rush.—
Another came was e,a114 on, but ultimately it was arranged that
the case which hail drawn the auditory together should be taken
in order to accommodate the medical witnesses.
seven special juror' answered to their names, and a tales was
prayed on the part of the plaintiff. The jury being sworn,
Alr. RYAN stStea the substance of the pleadings. The de-
claration stated, that the plaintiff was a physician and surgeon,
and had in these charecters attended one Mary Isaac with at-
tention and skill ; but that the defendant spoke certain words
imputing to him hamper conduct towards the patient, (espe-
cially in reepect of the administration of an emetic,) with a view
to injure him in his profession. To this the defendant pleaded
the general issue, and also several pleas justifying the slander
as true, and asserting that the plaintiff tio unskilfully admini.
stered an emetic to Mary Isaac, as to endanger her life.
Mr. JERVIS opened the case for the plaintiff, whom he de-
' scribed as a medical,gentleman of high character, who for some
years had practised as a physician and surgeon at Worcester.
The defendant was a lady of rank and fortune residing in the
College-teen, of this city. Mr. Pierpoint had been compelled
to bring this action for the purpose of vindicating his professional
character from afoul and groundless calumny cast on it by the
defendant. In bringing forward this case, he did not seek for
large damages, on their own account, but as the only complete
vindication which he could receive, after the means which had
been taken to deprive him of his good fame, and of his means
of supporting a family. He was married, his family was in-
creasin, and he therefore felt most keenly the value of that
reputation which he hid honourably earned, and which pro.
misted to affiird the means of comfortable support to himself
and his children. On the 23d of March, in last year, he was
requested to attend it lady named Isaac, the widow of one of
the partners in the Worcester bank, and sister of Miss Shalt-
land. She had previously been attended by Dr. Woodgate,
physician of great eminence at Worcester, who had recently
died, and she was now recommended to avail herself of the ta-
lents of Mr. Pierpoint,- who hid attained a very considerable
share of practice. Ile attended her for five days, and pre-
scribed for tier from time to time in papers which were now in
court. On the 28th Mrs. Isaac felt so much recovered that
she set out on a visit to Sir Anthony Lechmcre, at a distance
of eight miles from her home. While with him, she was not,
perhaps, so attentive to regimen as she might have been in her
own house; and, upon her return, she was again unwell.—
Mr. Pierpoint again visited her, and thought it necessary to
administer an emetic. This medicine was taken on the 10th of
April, and aflbrded so much relief, that the patient declared on
the following day she " felt in Heaven." On the 15th April
Mrs. Isaac !left her home on a visit to her friend, Mrs. Welch,
at Hawford, and there continually enjoyed the benefit of air
and exercise. Having received a visit from a lady in the
neighbourhood, Mrs. Herdlucas, she walked to her house to
return the call, and became ill from excessive exertion. She
came back very ill from Worcester, and her sister, Mrs. Slm-
land, having returned from a visit in Herefordshire, prevailed
on her to call in Dr. Malden, and to discontinue the services of
the plaintiff: Of this he didnot complain—no man in a pro.
lessum had'a right to complain of such a charge—but be natu-
rally sought to obtain en explanation of this circumatance, and
to exonerate himaeltfrom blame. About Aley 12, Mrs. Clii.
ton, a lady of high respectability, went to the house of Mrs.
Isaac, with whom she was intimate, to inquire utter her health,
and there saw Miss Shapland. Ott this occasion the defendant
thought proper to assail the character of the plaintiff, stating that
he was, a fool, and lien!), occasioned the death of his patient.
4 few days afterwards Mrs. Clifton received x meow from

:Mrs. Isaac requesting her to call at her house; Mrs. Clifton
went, and there saw both Mrs. Isaac and Miss Shapland.
After an interview with the former, the purport of which would
not be evidence in the cause, she conversed with the defendant,
who abused the plaintiff for his conduct in administering the
emetic, and spoke of him " as a fool, not fit to be trusted."
:At length Mr. Pierpoint heard that Miss Shapland had been
aspersing his character, and called on Mrs. Clifton, with
whom he was intimate, to know if she had heard any
thing asserted to his prejudice, and which it might be neces-
sary for him to refute or explain. Mrs. Clifton did not repeat
all that she had heard, but merely told him she believed bliss
-Shapland thought time emetic a rash expedient. As he found
the slander spreading, he requested Mrs. Clifton to wait on
Miss Shapland, and inquire the ground on which she thought
tit to call his conduct in question. The lady, however, treated
the matter very lightly, saying that Mr. Pierpoint mighti pocket
the affront, and repeating the accusations she had already made.
All and explanation being; refused, Mr. Pierpoint had
noute apologyansof redress left but by bringing the case before a Jury,
and affording to the defendant an opportunity of proving the
truth of her assertions. Being informed, however, that Mrs.
Isaacs was on the point of death, and conscious that she must
have enough of trouble, he forbore at that time even to vindi-
cate himself by commencing the action and hence arose the
delay to which he felt it his duty to submit. Miss Shapland
had not only refused to retract the charge, but had placed it on
the record, and had asserted, in time most solemn manner, that
it was true. To prove that charge he now challenged her;
and on that failure, which he confidently anticipated, asked of
the Jury such damages as would prove his character to be
without stain, and would secure to him the fair exercise of that
honourable profession in which he had embarked all his hopes.
John Cruickshank, Esti: Secretary to the Marischal College,
Aberdeen, produced the Aliploma granted by that University to
the plaintiff in 1822. 11,6 diploma, in Scotch Latin, was then
partly read, amidst the laughter of the Court.
Mr. RussEr.a., for the defendant, waved the further reading
of the document, observing that the Court was not likely to ob-
tain much information from it.

Mr. RYAN said, it wax higncd by some of the first men in
Scotland. _

Cruickshank, in answer to'a question by Mr. RUSSELL,
Said, the cost of the diploma was altogether about 261. The
stamp was I IL ; and the rest consisted of fees.
It was thert.proved that Dr. Pierpoint, in 1011, was admitted
a member of the College of Surgeons.

• After a considerable delay, arising from the difficulty of in-
troducing the witness through the crowd, Mrs. Elizabeth
Frances Clifton, a lady very elegantly attired, watt called and
examined by Mr. Jrntins.—She said, I am the wife of Mr.
Henry Clifton, Registrar of this diocess. I was intimate with
the late Mrs. Isaac, who lived on the College-green with her
sister, Miss Shapland. Soon after her return from Ilawford,
about the lath of May, I called to inquire after her health, and
met Miss Shapland. I told her I came to inquire after her
sister, who, I was sorry. to hear, was ill. She said, "It is very
well you found her alive, for your friend Mr. Pierpoint has
nearly been the death of her. I never was so angry as when I
found he had been called in, during my absence from home."
Mrs. Isaac was then too ill to scenic. In about a couple of days
Miss Shapland sent me a message that Mrs. Isaac wished to see
Me ; and I went to her house.. I saw her, and had a conversation
with her about Dr. Pierpoint, which lasted a quarter of an
hour. On leaving Mrs. ISAAC'S room, I met Miss Shapland,
who said, " Has my sister mentioned the Pierpoint business ?"
I replied, " She has." She said, " Did you ever hear of such a
thing as his giving her the emetic ! a great fool and idiot as he was!
Ile is sot tit to be trusted. Every thing he did for her was
as bad as it was possible; and it was only a mercy that she did
not die on the spot after taking the emetic; as nothing was so
likely to be her death front the bursting of a blood-vessel, in
the state of her body." I said, " I understood she had been
relieved by IL" She replied, " Yes, she has luckily, hut it
'was all luck." I asked "If the doctor had said so ?" meaning
Dr. Malden, who then attended Ms's. Isaac. She said, "No ;
he does not say so, but we all know it is so; all her friends
think so too; she was dying by inches under Alr. Pielpoint's
management." I said, " 1- was astonished, for I always heard
his skill was attested by medical men of great eminence.'—
She replied, " I have heard so too; but he has proved him.
self the reverse; for there never was so ignorant a fool who
attempted to practise. He scarcely knows his right hand
from his left ; he cannot explain a single symptom, and knows
no more about her disorder than you do. I will take good care
that he never enters the house of any friend of mine, if I can
help it. I hope my brother may not meet for he is so
enraged against bun, I can't answer •forthe consequences."—
This was the whole coversation, in the proper order—the order
in which it took place. My husband and I are intimate with
Dr. Pierpoint, who had learnt that I had been sent for to the
house of Mrs. Isaac, and he called upon us in consequence the
next day. I afterwards communicated what passed to Miss
Shapland. I told her Mr. Pierpoint had been with Inc, mak-
inginquiries on the subject of his dismissal from Mrs. Isaac.
Ile hail asked me, us a very intimate friend, whether had
heard any dissatisfaction at his conduct, and whether there
was any thing particular which they complained of. I men-
tioned to her that he expressed himself exceedingly hurt at
the manner in which Ice had been dismissed his livelihood
,depended on his medical reputation, and therefore he was
anxious to exonerate hints& from any blame which might
attach to him. I said he had spoken of the delicate situation
consequencei dde d thatof n y
alsoacquaintance
in
r tal told
nc e t
ohehrinili:
andi ad
thatsaid that hwa ta here e i r connexionsdesirable
h eh $:171
w pia ee
d with
a
be esteemed, not only by his friends, but by the public.
diobnfoe el:
ualli,tccaeht:
tsiiniiciteisup.l7otai situation, n, placed,in ant
the emetic. Upon this, Alias Shapland said,
mentioned to Miss Shapland that I had not communicated to
Mr. Pierpont the offensive expressions, Inn merely that they
foundholf:aluAlitrw. iltpierpoint
In
the
greatest contempt," and repeated
allu btjhecet eixt, litirleessn oionns sedhaeguate before,
ld
youn ayand e added,report
"
hat Iyfoueviieireatshee.
Fool and idiot us he is, I cure not what he knows. All his
friends are of my opinion ; and as for Air. Isaac, of Boughton,
he says he is nothing less than a downright fool." My hus-
band and I shortly after dined with Mr. Isaac, of Boughton;
but Ansa Shapland was not there. After this, 1 saw Miss
Shapland again, and she then mentioned having heard some. I
thing from Mr. Plerpoint, who. had endeavoured to frighten •
her by talking of an action. She asked me if I ever heard of
such a thing., I replied that I knew he was exceedingly hurt; •
she said, if he is affronted, why does not he pocket it, and
no one would have known any thing about it." Dr. Pierpoint
now attends in tny husband's family.

Crons-examined by Mr. RUSSEI.L.—I have lived for nine
yearn at Worcester, and have been very intimate with Mrs.
'lsaac. Miss Shapland has constantly resided with her. To a
degree I was intimate with her; you may say very intimate.
Airs. Inane was attended by Dr. Woodgate, who died in Fe-
bruary. 'rite plaintiff is usually called Mr., not Dr., Pier-

• Mr. hinvis.—We have had notice to produce the brass
plate on his floor.—(A laugh.)
The witness proceeded.—lle had a plate on his door, " Mr.
Pierpoint, surgeon," till Ma last. It is not there now. I did
not advise its removal. 'rite plate is now " Mr. Plerpoint"
only. 1 made a written memorandum of the slander, at first
by my own suggestion, and at last by•Alr. Pierpoint's desire.—
The conversations were all comtnitted to writing in the course
of a fortnight. I made my notes at home—not in Mr. Pier.
'point's presence. I aid not advise the plaintiff to bring the
action. It has been explained in my own evidence, that I have
not desired the action to be brought. lam speaking from my
own memorandum when I say that I have not read Mr. Jervii's
brief, nor any part of
y
it, nor have I heard it read. The decla-
ration only was shewn to me. B "my evidence," I meant the
explanation width Isere when I hoped that the matter would
have terminated differently, and which I thought wax before
Mr. Jervis. I have known Air. Plerpoint six or seven years,
and in the last nine or ten months have employed him as a
medical man. Before that time I have occasionally asked his
opinion, because we were intimate. When toy
son Charles had
a bail finger, M
I alined Mr. Pierpoint's opinion,. but I have no
right to judge of t Pierpoint on , that (Vtgation, After this
with I went 1
tie ./.i d and all my family to Birmingham, on a
visit. The case turned out to be very serious—an eminent
physician at Birmingham effected a cure. At my first inter-
view I mentioned tip, circumstance to Miss Shapland. At the
time of these eonvereations, isa Shapland was uneasy about her
sister, whom shithought'in danger, but I did not observe that
her spirits were etrlicularly low.• Mrs. Isaac died on the 6th
of June. 1 heard from Air. Pierpoint that the letter produced
was written at thii time; he regretted that such a letter should
be written, but hit must have it done. I heard him regret that
the letter should
be sent at that time ; he could,not be aware
of' the situation in which Mra.
Isaac was. Ido not understAnd
that Mr. Pierpoint received any formal dismissal.
Re-exatnineiLhlr. Pierpoint only attended my child once
when and I was then going to Birmingham.
Mr. James iluiston—l practice as an apothecary at Wor.
cester. Mr. Pierpoint has practised here for seven, or eight
years. He h.all been In the habit of prescribing as a physician
have Inane up his prescriptions.
Cvois-olgaminad by Mr. Pimps—l believe he has rac.
tised as a physician from the first. I think four years. Phy-
sicians' prescriptions are not always signed. Ido not know
whether .Mr... ...Pierpoint's were signed. Ile has long been sur.
goon to tne infirmary at Worcester.

ite-exaulincti—ln Worcester it Is usual fur the same persons
to practise as physicians and surgeons. The prescriptions I
have made up were all in medic,al canes.
Mr. Howell—l am an attorney at Ilroolusgrove. I havu
been 'mended by the plaintiff for several years. lie prescribed

for me as a physician. I was particularly satisfied with his at-
e ntion and akin.
__

Mr. Jolla Hyde—Mr. Pierpoint attended me last year with'
a rheumatic fever, and prescribed for me.
Cross-examined—l am not quite well yet.—(A laugh.)
Re-examined—l am quite satisfied with Mr. Pierpoint's at-
tention and skill. The fever has left me, and the weakness
only remains.
Air. Edward Morris—i practise as an apothecary in this city.
Prescriptions written by Mr. Pierpoint have been made up in
my house.
Cross-examined—lf I knew a patient was afflicted with a
large tumour in the stomach, I should not prescribe an emetic.
Re-examined—The symptoms at the time, of course, would
regulate my judgment on the question.
-Mr. Elias Isaac, partner in the Worcester Old Bank, said
Mrs. Isaac deceased was the widow of my uncle. I knew that
she was attended by Mr. Pierpoint. I did not use the expres-
sions alluded to in the evidence of Mrs. Clifton.
Cross-examined—There was much attachment between Mrs.
Isaac and Miss Shapland.
A discussion here took place, whether the plaintiff's Coun-
sel should produce their evidence to disprove the justification
now, or in reply to the evidence of the defendant; and at last
the atter course was agreed on. The plaintiff's case therefore
closed here.

Mr. RUSSELL addressed the Jury for the defendant. He
thought it a signal proof of the talents of his Learned Friend
that he had been able to lay the weak, imperfect, and frivol-
ous case of the plaintiff before them in any thing like a decent
form. By this declaration, Mr. Pierpoint, after calling him-
self in one count a surgeon, in another a physician, and in a
third " a medical practitioner," so as to include the anomalous
character he filled, without proof of a farthing damage, had
the impudence to ask the Jury to give him 5 thousand pounds,
and consign the defendant to ruin. What machinery, had he
set in motion for the purpose of working up something of a
case for damages ! To-day he was physician ; yet till this day
he was never heard of except as a surgeon ; nor did Mrs. Clif.
ton herself dream that her friend was a doctor, till he pro.
duced this notable diploma—his pocket-pistol studiously con-
cealed—to establish his claim to that title.—(A laugh.)—lt
was amusing to see the names to this potent weapon of annoy.
ance, which was purchased at the expence of 261., and the
long and mysterious additions. There was—" Jac. Kidd,
0. L_ S. I)., L. 0. 0. P."—(a laugh), and " George Glen.
nie, P.P.," which probably stood for parson of the parish,
who must be needed after so many surgeons. The first
question which the Jury would have to ask was—whether the de.
fondant spoke the words imputed to her wickedly, and mali-
ciously, and with intent to injure the reputation of the plaintiff;
because if she spoke them on any justifiable occasion, she would
be entitled to a verdict on the general issue. When they con-
sidered that she found Mr. Pierpoint attending a beloved sister,
to whom he had been called during her absence—that she con-
ceived that sister had suffered from his want of skill—and that
she addressed her complaint, in the fulness of her heart? to
her intimate friend, at a moment when even mistakes arising
from the apprehensiveness of affection might be excused, surely
they would not think that she was liable to an action when
her confidence was betrayed. Was it fair, was it just in
Mrs. Clifton at such a time, when her friend was watching
the death-bed of her near relative, to go from the house
°ref
Borrow,the sufferert to bens
abouttalcs ofo
tsocra scandal,
oai
nn and tog medicalipn.
tvonieln sictstra,agnstikdi
required
el
1(11j
?
Butanro-
" Air. Pierpoint requested an explanation of the cause
of his dismissal.'' Did lie so ? Then surely he ought to
take the consequences;—not to Ask the question, and bring an
action for the answer ! Was it to be endured that a surgeon
should take umbrage at the calling in of fresh medical aid, and
demand an explanation, and then bring an action for the expla-
nation given? If lie chose himself to publish that explana-
tion, to seek out matter of charge which might have been
buried in the bosom of the Individual, and become his own
slanderer, was he to ask 5,000/. as a recompense? But Miss
Shapland would not leave the case here ; she would establish
her justification ; she would show its truth to the letter, and
call on the Jury to confirm her opinion by their verdict. Mrs.
Isaac died of a large tumour in the stomach, inflamed and ul.
cerated, which, with the diseased part attached to it, was firand
to weigh no less than seven pounds on the opening of her
body. And yet Mr. Pierpoint, two months only before her
death, administered a violent emetic, which must tend greatly
to heighten inflammation and aggravate all the symptoms of
the disease. And what drink did he prescribe ? The Jury
would be surprised to hear that he recommended brandy and
cwoautresre"o f at
rperitontrn beverage
such cfor
a sdnaiiilgYl shee l
expectedhe e frectthwetselolporcafiitliitieig:niiiesti
d
J4bkiw:' rer:viltecrtseawyrdti swmaraktet:iitlernldelicnetttd:oloieeeavpdrynieedwddrwecuiloetlwcluiclveael et:: ytoolfhliosnetauvlnltineeat thebfleei nflayacs:emoupaunirttlidsa%iiel‘tnbooujralagiyedliedddolYeplinninntbeged
thwaseir
iedi r
beforeivme rpdri (ic pt et
for
t
the defendant, who had spoken in the agony of her feelings and
the honesty of her heart, and who bad been brought into die.
tressing publicity by the conduct of a treacherous friend.
Mary Brownell was then sworn, and said—l lived as servant
to Miss Shapland and the late Mrs. Isaac, till Mrs. Isaac died.
She was ill a considerable time before her death. In the lat-
ter ems! of March Mr. Pierpoint began to attend her. Ile was
introduczd to her room where she was in bed. I was in the
adjoining room, and heard what passed. She requested hint
to examine her stomach, as she thought there was en enlarge-
ment, and something growing in it. Ile continued to inquire
as to her feeling, anti she told him where she felt pain. He
told her not to alarm Herself; there was nothing there, and all
would be well. Pills came, and thenan emetic. I gave the
emetic; it operated with great violence. Mr. Pierpoint came the
same evening, and was surprised at the result. While the
emetic operated, Mrs. Isaac seemed in great pain. The next
day Mrs Isaac said she was a little relieved, but her stomach
felt very sore. After this, Mrs. !mote grew worse. While
she was staying at Hawfortl, Sir. l'ierpoint asked how she was,
and said she must continue taking the medicine. She took
pills, and drank brandy.and.water twice a day, by Mr. Pier_
points direction. After Dr. Malden was called in, she took no
more brandy-and-water. When Mr. Pierpoint was called 'in,
Miss Shapland was from home. Mrs. Clifton lived next door
but one to my mistress, and often called upon her.
Cross-examined.—l recollect Mrs. Isaac going to Sir Anthony
Lechmere's house. We were there about a fortnight. 1 was not
present at the first conversation between Mrs. Isaac and Mr.
Pierpoint. I only know of her taking once an emetic, which
tvt years before. I think she took brandy.and-water before
the emetic. She was very temperate. A desert spoonful of
' brandy in a small tumbler of water was ordered for her by Mr.
Pierpoint. She took it at dinner, and sometimes when she
went to bed. After this she went to newton', but was no
better. She used to walk out on the terrace. Ido not know
that she was hurt by a walk to Mr. nertilucaa's, at Beverley.
Re-examined.-1 am not living with Miss Shapland. I ant
married, and live at home.
Dr. Malden.--I have practised since October, 1017. I was
called in to attend Mrs. Isaac on the 27th of April in last year.
At that time site wan visiting at the house of Sir. Welch, as
newton'. She had then considerable fever. Her pulse wasi
at 100 in a minute. I examined the stomach. She complain-
ed of tenderness in several parts, but not severe ; it seemed to
arise from distention by air, and the inflammation of the con.
tents of the abdomen. I ordered medicine, and proposed
bleeding to subdue the inflammatory symptoms. On her re-
turn to Worcester, she was bled by the lancet, and repeatedly
by, leeches. The inflammatory symptoms left her under
w
ned
ur
:aaiteit
ar:istsdpstelettbe
.r
wrtolen:or,:ensinei:ume)tainide.lnrt
stimulant.
found,
owlhetaun.lntoenofltumt m
frdt:egi
deixlseenoaht
itisixinotiriauott)
In:01r diatinflflivinoe
ascertainedtxeln ;shii
life
oseei
htltfilieleeleold stomachi rcnaoti
ti)ttitt
dtietaiti
iyneteoelyeltloxlaiviifepisilonetttoietatunishlnwinrtneeeaetscandit.ntesniLutiti:
allow iiran doyf s
:Tel!
:seohptoafeal
tryri
eslt
uiaicttfieui efwdlmaroirbcnuil
hr
brandy
iled:dndn
itidbhmeye::
f
int
to should
adaii have
te cr
considered an emetic Improper . I found too
an emetic. I think I should have discovered it a month pre.
vious.
tross-eitamltied-.lf inflammation tie excited by vomiting, it
le likely to begin from the time of the vomiting. If the patient
became better, and so continued for a fortnight, I should
Infer that the inflammation was not caused by the emetic. I
have practised seven years at Worcester ; the plaintiff came
after me. I know nothing about Mr. Pierpoint's practice; he
is a particular friend of mine. Medical men differ as to the pro.
priety of administering emetics in particular cases. Sirs. Isaac
got steadily better for sometime, but she died. Mr. Pierpoint had
no notice of the opening of the body. I can attribute appear.
ances in the stomach to the emetic, because it was impossible,
in taking a review of the probable exciting causes, to leave the
violent action of an anietic out of the question, provided an
emetic had been administered. thud it been administered six
months before, I should not have left it quite out of the ques-
Von. I cannot speak to a year or two years. Ido not recollect
having said that, an any judgment the treatment wait proper;
but I will not swear it. I may have said something favourable
to Mr. Pierpoint, as I wished to give a favourable impression
of his conduct and skill.

Dr. Hustings, u physician of Worcester, was called to speak
to his opinion of the propriety of the brandy and water and
emetic ; but he did not speak decisively on the subject, as he
had never seen the patient while living.
Dr. Lewis, a physician practising in Worcester, judging
front the description of the body, and the state of the patient,
thought the administration of the emetic on the 10th of April
injudicious, and the brandy and watet likely to produce: in-
flammation, and that a medical man ought to have discovered
the tumour. If, however, the emetic produced' relief, the
tomach could scArezly be, in a state of ulceration. Soreness

would manifest some inflammation, or might arise from mere
muscular action.
A letter, dated the 31st of May, 1823, from the plaintiff's
attornies to the defendant, threatening proceedings, was then
read.

Tits was the cue for the defendant.
In reply to this evidence, the Counsel for the plaintiff call.
ed Mrs. Weld),
_who said she resided at Hawford, and had
known the late Mrs. Isaac many years. Last year she visited
Sir A. Lechmere, and afterwards came to visit the witness
about the middle of April. When she came, she was in a very
indifferent state of health, and grew worse and worse.—
She walked to Beverley one day, to r.turn a visit, about
a quarter of a mile off, thinking herself better for exercise. She,
said she thought it did her good. At first she thought herself
better, but she certainly afterwards grew much worse. .Mr.
Pierpoint called once or twice to see her. At first she thought
herself better for Mr. Pierpoint's medicines, but afterwards
changed her opinion. Dr. Malden was afterwards called in, at
the wish of Miss Shapland and of the witness.
Cross.examineg.—Mrs. Isaac was very much and deservedly
beloved, and so is Miss Shapland. They were much attached
to each other. Mrs. Isaac acted as a mother to her younger
sisters, and they felt towards her as to a mother. Mrs. Isaac
thought the medicine too strong. Miss Shapland was in
agonies at the death of her sister.
Dr. John Johnson, a physician at Birmingham, in extensive
practice for thirty years, said the expedience of administer.'
In,
an emetic must depend on the symptoms of the moment.
If called in when Dr. Malden was, he could not tell what the'
symptoms had been on the 10th of April, nor judge of the
expedience of administering an emetic. if the patient felt re.. ;1
lieved, he could not ascribe symptoms of inflammation then
appearing to the emetic. He did not think the appearancesdisi
covered in the body would be attributed to that cause. If there'
was no direct tendency to inflammation, weak brandy and water
would do no harm. Great caution would have been necessail
in administering an emetic.
Dr. Thomas Christie, and Dr. H. C. Borrington, of aelien/
ham, agreed in this opinion.
Mr. RUSSELL observed on this new evidence, and contended
that it rather strengthened his cas..
Mr..IERVIs replied. In alluding to the ludicrous obserrtk
dons on the diploma, he observed that it was signed by vet,/
eminent men, and men above all suspicion. He took a review
of the whole case, remarking that all the medical witnesses on
the other side resided in Worcester, while the physicians called
for the plaintiff were entirely without prejudice or bias; and
urging that, according to the defendant's own admission, the'
emetic had been useful, and the plaintifrwas entitled to a l'er'
diet for such damages as would completely vindicate his elm-
Meter. ,
Mr. Justice LIT TLEDALE read over the whole evidence, and
commented on all its bearings. He gave it clearly as his 01""
nion that the expressions were not uttered in any privileged
communication, so as to entitle the defendant to a verdict on
the general issue ; and the simple question was—whether
thejustification was proved, which asserted not only that the
emetic was injudiciously given, but that it was so injudiciously
given as to endanger the patient's life. If the Jurthought
circumstances
ilitoricnstnonlisl.ettglhinaect
dleosenfuidoaetnr
tpw:hoieh: , they must find a verdict for the
plaintiff; but they might take into their consideration all the
groundless ort not, nion, whether gr
of mitigating the damages. oewt:opnwpelsalwrfaeozrcinesspoedok,nefitr,hatisiclietlhpieleuarrflipoosepici:
The Jury consulted for a few minutes, and then returned 5
verdict for the plaintiff.—Damages 395.
The trial was not over till after nine in the evening, haring
lasted just 12 hours. In fixing the precise amount of damages,
the Jury were probably influenced by an erroneous idea that a
verdict for less than 40s. will not carry costs • whereas, who
a justification is pleaded to an action for wo;ds, the timeliest
damages entitle the plaintiff to full costs on the special pleas ;
though it is otherwise when the defendant relies on the gene-
ral issue.