The Sun.
London, England, 1841-08-14 00:00:00

PLYMOUTH AND DEVONPORT RACES.

WEDNESDAY.
The Ladies' Plate of 501. ; heats once round.

Mr. Taunton's Jewess, 4 yrs (Rogers) 1 1
Mr. J. Kingsland's Cerito, 5 yrs
Mr. Bennett's Benedetta, 3 yrs 3 dr
Her Majesty's Plate of 100 guineas ; heats 3 miles.
Mr. 'Preen's Una, 3 yrs • (Owner) 1 1
Mr. Scobell's Cracksman, 5 yrs
Mr. Roe's Stickley, aged
Mr. Kingsland's c by Hindostan, 3 yrs
The Lord High Steward's Plate of 50/. ; mile heats.
Mr. Downes' Harmodious. 5 yrs
Mr. Taunton's Jewess, 4 yrs 3 2
Mr. Bennett's 13enedetta, 3 yrs
The Chelsea Meadow Stakes of 2 sovs, each and 25
ad:led, once round and a dis., were won in 3 heats by Mr.
Kingsland's ch hby Rajah, beating two others. •

LEOMINSTER RACES.—WEDNESDAY.
The Ladies' Plate of 50L Two Mile Heats.
Mr. Key's Fitzgambol, 3 yrs (Dodgson) 1 4 1
Mr. Samwell's The Knight, 5 yrs 0 1 2
Mr. Walter's Miss Winney, 3 yrs 2 2 3
Mr. Hughes' Sportsman, 4 yrs 0 3 dr
Naamah, Barter, Cleanthe, and another started.
The Hack Stakes were won by Mr. Pius' Dinali, and
the Handicap by Mr. Griffith's Tupsley, beating the
Knight, Mulciber, and two others.

ASSIZE INTELLIGENCE.
HOME CIRCUIT—Croydon, August 17. -
CIVIL SlDE.—(Before Lord Chief Justice TINDAL.)
TODD AND ANOTHER V. EMLY AND ANOTHER.
This was an action to recover the sum of 1941. for
wine supplied to the Alliance Club, of which the defen-
dants were members. _ _

_Mr. PLATT, with whom was Mr. PETERSDORICF, ap-
peared fur the plaintiffs; Mr. TuEsmEn and Mr. SWANN
were for the defendants.
It appeared from the statement of the Learned Coun-
sel that this action has been twice before tried, and on
each occasion a verdict was returned for the plaintiffs.
In the year 1836 several gentlemen, amongst whom were
the defendants, formed a Club, which was called the Al-
liance, and for which the premises, No. 79, Pall-mall, were
taken. A Committee was appointed for conducting the
affiiirs of the Club, and it was part of their duty to select
tradesmen to furnish the provisions, &c. The plaintiff's,
Messrs. Todd and Dosanquet, were selected to supply the
wines, and a large quantity was sent in. In the year
1839 it was discovered that the undertaking would not
answer ; a general meeting of the members was called,
and it was resolved, after examining all the' accounts,
that the Club should be dissolved. There were many
outstanding debts, all goods having been supplied on
credit; and it was found that a subscription of 131. from
each member would liquidate all the debts. A portion of
the members handed in their subscriptions, but others did
not, and consequently the funds were not sufficient to
Meet the demands. A balance of 1941. being left in the
plaintiffs' account, they brought this action against the
_defendants, who were on the Committee at, the time the
goods were supplied.
On behalf of the plaintiffs it was contended that the
defendants, although they did not absolutely order
the wine, were liable for the payment, as they were cog-
nisant of the fact of its being supplied on credit, and con-
sequently must have been aware that they were sanc-
tioning the acts of their agent in giving the order.
A number of witnesses were called, who proved that
the defendants were on the Committee—that they were
aware of, and sanctioned the order being given to the
plaintiffs, and that they were also aware that it was not
paid for.
Mr. THESIGER addressed the Jury for the defendants,
when _ _

The Learned JUDGE summed up, and the Jury in-
stantly returned a verdict for the plaintiffs for the amount
claimed.
In reference to the case of Teevan v. Butt, reported ;in
Tuesday's proceedings of the Home Circuit, our reporter
states that he is informed that at the time the writ was
delivered to the defendant, the plaintiff was not his medi-
cal attendant, and he had expressly declined to be so
me time before ; and that, consequently, no ad-
vantage was taken of that position to serve
the writ And also that although the medics

OXFORD ClRCUlT—Gloucester, August 11.
John Wait, the younger, was indicted for an assault
upon Robert Harrison, on the 24th of February last.
The prosecutor conducted his own case, being unable,
as he observed, to " purchase" counsel. Mr. Alexander
appeared for the fiefendant.
- The defendant, who' mores in very good society, re-
sides at Blakeney, in this county, and is high constable.
of the district ; and the pp,aecutor,, who is an old sol-
dier, or, as he termed himself, "an old warrior," lives
near him. On the evening of the 24th of February, be-
tween six and - seven o'clock, the prosecutor haring
finished his clay's work was proceedlin, homewards, with
a pipe indsis mouth, accompanied by his sons, two little
boys, when he 'came up with the defendant, who was
sitting in his gig, close by the entrance to his own re-
sidence, and talking to a person in his employ, named
Hyatt. Hyatt was standing so near to the gig that if
he had put out his arm he could have touched Mr.
Wait, but the prosecutor, although there was plenty of
room for him to pass on the other side of the gig,
or even behind Hyatt, thought proper to go be-
tween' the defendant and Hyatt, smoking as he
went. Irritated at what was doubtless an act of ins-
pertinence, the defendant made some observation about
his being an insulting rascal, and, declared he had a
good mind *to give him a good horse-whipping, and,
jumping out of .the gig, he ran after the prosecutor for
twenty yards, and stopping before him shook his whip,
which was doubled in his right hand, over the prose-
cutor's shoulders several times, calling him at the -sine
time an insulting rascal, and declaring that for half a
farthing he would knock his head off. While using this
language he raised his left hand and knocked the pipe
out of the prosecutor's mouth, knocking out at the same
time, or, to employ what seemed to be a pet word with
the prosecutor, " extricating" one of the prosecutor's
teeth, which, to-make the loss more cutting, happened to
be an " eye tooth." The defendant also pushed his fist
up to the prosecutor's nose, who told him that he had
done quite enough, and that he would " take the law on
him.' Upon this the defendant went back to his gig,
Calling Hyatt to witness that he had not struck the pro-
secutor. . The prosecutor's story was repeated almost
verbatim :by Hs son, a little fellow twelve. years old,
whose examination and cross-examination occasioned
much amusement, but all surprise about the coincidence
of the two statements vanished when it appeared froM
the boy's own account that almost every evening since
the 24th of February he had told the story to his father
on their return from work, and that his father had told
him that his tooth was "extricated," and had desired him
to stick to his story, and to mind what he did say, and
not to tell a lie. It appeared that there was some pre-
vious ill feeling between the parties, arising out of alleged
acts of trespass.
The Jury found the defendant guilty, and.
His LORDSHIP said he quite agreed with the verdict;
and regretted that a gentleman in the defendant's p,osition
should so far forget himself as to assault an old man in
the prosecutor's situation in life. The sentence of the
Court was that he should pay a fine of 10/.' to the. Queen,
and.be imprisoned till the fine was paid.
The money was immediately paid, and the defendant
was discharged.
With this ma! ended the business contained in the
County calendar.

His Lordship then proceeded to try the city prisoners,
among whom is one charged with the crime of murder.
Philip Inkin, Richard Goodman, Charles ,Harper,
Frederick Davis, Thomas Trickey, Wilrank Day.
Charles Chester ills-TriithCne, were n ieted
for the mans aughter of. William Brown, on Whit Mon-
day, the 31st of May last.
Mr. Francillon (with whom was Mr. W. H. Cooke)
conducted the prosecution ; Mr. Godson appeared for
Chesterton and William Davis ; Mr. Greaves for Inkin.
Goodman, and Trickey ; Mr. Alexander for Harper ;
Mr. Keating for Protheroe ; and Mr. A. M. Skinner for
Frederick Davis.

It appeared that the deceased had challenged Inkin to
fight, and that the battle was to have come off at the
Hain, within the limits of the city of Gloucester, but
being interrupted there by a city policeman, the parties
moved off to Sandhurst-green, about two miles and a half
from Gloucester, when they stripped and set to. Good-
man seconded the deceased, and Trickey.was his bottle-
holder, and Harper and Frederick Davis acted in the
same capacity for Inkin. William Davis kept the ring,
and Chesterton was a timekeeper. They had not fought
more than three or four rounds when two of the county
police made their appearance on the ground, and endea-
voured, but at first ineffectually, to stop the fight, which
proceeded for a
good many rounds more, when the two
policemen made their way into the ring, and, producing
their staves, declared they would break the arm of
either of the combatants who struck another blow. The
ring was broken, the fight was stopped, and the seconds
were about to take their men away, when Chesterton,
who was on horseback, rode into the ring. and told the
policemen that be would report them for not doing their
duty before, and that as they had been watching the
fight for their own pleasure, the combatants should fight
on for his. Protheroc also came and said the fight
should not be stopped, and Chesterton made a fresh ring
by riding round with his horse, and the light was re-
newed. About 35 rounds were 'fought afterwards, and
in the 75th or 76th round Brown stood up, but his legs
faltered ; he fell, was never heard to speak more, and
diedin about three hours afterwards. The cause of death
was the effusion of blood from one of the blood-vessels of
the brain, but there was no external bruise correspond-
ing with the internal seat of the injury. The medical
witnesses differed in.opinion ; one of the surgeons said,
that the effusion of blood did not necessarily produce im-
mediate death, and thought that time deceased mint have
died from the blows or falls which he had received in the
course of the tight, while the other thought that could
not be the case.

The Jury, nfter considerable time spent in deliberation,
acquitted all the prisoners.
The verdict, which was not delivered till past nine
o'clock at night, was received with manifestations of
app!ause, which were with difficulty suppressed.

POLICE INTELLIGENCE.
MANSION-HO USE.

The father of a patient who died in Bartholomew's
Hospital waited-upon. Sir Peter Laurie, a few days ago,
to complain against the authorities of the establishment
for having, without asking permission of the father,
opened the body of. the deceased.. The applicant de-
clared, that if the surgeons had-mentioned to him that it
was necessary, on account of the nature of the disease of
which his.son died, to cause an examination to be made,
he would not, for a moment, have opposed the use of
the knife, but not one word had been said to him on the
subject. _ _

Sir P. LAURIE was very much surprised at the state-
ment, and appeared to be quite incredulous, as he was
well acquainted With the system at the hospital. He
said it happened that Alderman Lucas, the President of
St. Bartholomew's Hospital, was in the house, and it
was necessary that he should be informed of the cir-
cumstance.
Alderman Lucas having immediately attended and
heard the statement, said at once that he did not believe
ono word of it, and asked the applicant- whether he had
seen the body ?
The applicant replied that he certainly had not.
Alderman Lncas-Have you seen the surgeons or the
nurses on the subject ? The applicant said he had not,
but he had been assured by the beadle that the body of
his son was cut up by the surgeons. The young man
had died of delirium tremens.
Alderman Lucas said, that before the applicant came
forward to make so serious a complaint, he ought to
have communicated with the authorities at the Hospital,
and ascertained beyond the least doubt that the body
had been opened. He then desired that the applicant
should meet him at the Hospital, when an immediate in-
quiry should be instituted.
Alderman Lucas yesterday called at the Mansion-
house, and requested that the result of the investigation
should be publicly stated, to remove any vulgar preju-
dice which might have been excited in the minds of those
who heard the statement. He met the father of the de-
ceased as he had appointed, and took him to the sur-
geons, who were quite ignorant of the matter, as well
as was every nurse and attendant at the Hospital. He
then requested the house-surgeon to go to the house of
of the father, to which the body had been removed from
the bone-house, and accurately investigate into the affair
of the cutting; and ,after the examination the surgeon
reported that there was not a scratch upon any part of
the deceased.—(A laugh.) So much for the correctness
of the declaration that the surgeons of the Hospital had
taken such a libe. The Alderman then described the
vast liberality, tenderness, and care upon all occasions
exhibited by the admirable establishment of which he
was President.
Sir P. LAURIE reprobated the attempt to excite a pre-
judice against so great and benevolent an institution, and
said that the father of the deceased had called to declare that
he had been misinformed, and that he deeply regretted
not having made inquiry on the subject of those who
were qualified to inform him correctly. •
WINE-TASTING IN THE DOCKL—Three young men of