The Sun.
London, England, 1848-05-09 00:00:00

YATES V. FENTON.

SIMS V. HENDERSON.
HENDERSON v. HENDERSON.
Judgment fur the plaintiffs.

EX PARTE DR. BURNCASTLE. for
Mr. BOVILL moved on behalf of Dr. .13urne,55 Olt
merly medical officer of the Croydon Union, icl„, 0,11;
calling upon the Coroner of Surrey to show cansl,,clivr
certiorari should not issue, to bring up the Pr e.docii)r,i
of. an inquisition, to be quashed or traversed by Wood Ile
he facts of the case, which had given rise to a g ejodiol
of discussion, and had excited considerable PrOli
against the doctor, were briefly these:—On
the 1.1101:j
December last, the doctor was summoned, as liss
officer, to attend a woman in labour, named 'l5l
Hopkins, who was at the time cohabiting with
at of
ing man, named Howard, who was in the receiP old f
per week. The woman, therefore, could not be docP
be then in the condition of a pauper, and tb„e,ooo 11,etf'•
asked the friends who were in attendance
whether the order of the guardians „nctioninl
tendance had been obtained on her behalf, an"gedge,
learning that it had not, he directed them to Pflloo,l°,o
it, or he must discontinue his visits. On the ;foe' if
day the doctor ascertained that the guardians r;iselllehi
grant the order, and knowing that he would el',ol.lV/,
displeasure if he persevered in attending the,";:billi $O,
advised her friends to send for Mr. Dale, ji(l-40
tended her during a former confinement. Tit 10,-J,
and Dr. Burncastle resigning the charge 0i,t;,0 de[og
to Mr. Dale, he ascertained that the child 0e,,b1
and that there were no symptoms of dang"o64
likely to attend upon the delivery. On the °follow:7e,
the woman was sately delivered, but on the pi, el,c'so
morning she died, and the death created so Inn'
ol
meat in Croydon, that it was determined t°,,rdist),,e.
inquest on the body. The inquest was a,,ecb ce°rbe
held, at which Dr. Burncastle attended, sv" bat
ed
tent witnesses to prove the cause of destbt,futilr;ol
jury refused to hear them; and ultimately lhe•Toos
a verdict to the effect " That Elizabeth 11°Pated
through exhaustion, resulting from prnihr„--ares'l,'
bour. That Dr. Burncastle showed W,.'s yi
inhumanity towards the deceased, in ll'erll3lli/1!
when in labour ; and we (the jury). c°l6l'sl en'T4l
an unfit person to act as the parochiai a' .12 a posP:iell
Notwithstanding that Dr. Burncastle was Dr. Blurthe
to show, by the evidence of such well ars,f death, LI,
and Dr. Lever, correctly the cause • erw-j
f this
hoard of guardians, upon the strength °,-;t office fidie
immediately dismissed the doctor from his
ontibe' t
unless the Court granted this motion, t° ens
doctor to place the matter before the world in
light, his prospects and character would be In tlO
destroyed. n
Mr. Justice COLERIDGE took time to co-otdQt
motion.

MIDDLESEX SESSIONS.
(THIS DAY.) iog'
r
The May general sessions were opened this coo
at ten o'clock, by the Assistant Judge and
magistrates.
A (be6o"
(lid
On swearing in the juries, the Court ordered -to
to be recorded against all those upon the lists
lie
not answer to their names. OR as
In the course of the morning several persons for/
to the Judge for a remission of their fines, ear,' Opt;
pleas of excuse for their late attendance. nen,
instances the Judge, who expressed a deternikoe'fb°o
enforce punctuality on the part of all personscn-reed
attend this court, iremitted the fines, but ell— o
payment of the fees. h riff
The ASSISTANT-JUDGE, in his charge to if eodae
jury, observed that he wished all prosecutors, deueiess roen
and witnesses to be made aware of the arraocepojes
ceutly introduced here for taking the trial °f4iicb.l/0
the first day, and of females on the second,
o"itodifir
tended greatly to save the time of all parties od ,;11
and to promote silence and order in the court°ol r
%oe
proaches. He was glad the arrangetneot, to' to
mentioned in the public newspapers, as the e,,Direte3eifinal
publication had been to induce the ourt of 4•31 crigl
adopt a similar arrangement at the Cent"' mow
Court.
John Roberts, an elderly man, of gentle" teSwoo
ners, pleaded Guilty to an indictment for Debi°
coat from the Auction Rooms of Messrs' , joy,
and Storr. il/V5Pi
Mr. BALLANTINE addressed the Court in 13314. ;m iff,
stating that the prisoner had lived respectably in the
years as a teacher of the English langusgeof
from which which city he was expelled recen ipB st to
violence of the mob. He arrived in London ost,
of destitution, and was induced, by extrelne
commit the theft. vo
f, loog 03
to
6011
The ASSISTANT-JUDGE said that, oven lart c
cumstances of mitigation into account, the e 0034
not inflict a less punishment than that of tbrerietO'ijoa
imprisonment with hard labour, because it *ln Alic
to deal severely with those robberies in
rooms. fief! of

Wm. Queleh, aged 15, and George Dow, I,,Sn'percoi
Ldiocuteiad
Bforirnesitieaa,linang
the case having been itineranttguinea-pigs,pwrooved Ital an boy.the Ise
the
td,d ol
Mr. PRENDERGAST forthe defence, sublnit loci
animals in question were, in the legal phreee'nopojil 'to
could not be the subject of larcen by the ftle`" gis
of England. The Legislature hady alwaYs "ealtbeilt,ie
make the stealing of dogs and parrots a felerjef;-vale.'
these animals, and even cats, were some"' oil
and even sold for large sums. do y
The ASSISTANT-JUDGE said there could be -13.0
that the animals were base in the legal sense' 6, fefr-il
recently passed rendered the stealing of “e",40-ari;fter
and all such a misdemeanour, punishable eti,,raliig de eb
a magistrate, with fine or imprisonment. tiseri'
mined the matter, and the jury must acquit tuetbei,iti•
The jury returned a verdict accordingly' eriogli-
soners were discharged, the Judge having traoge''
monished Dow, who received an excellent 0-
evoid bad company.

PAII)

MARLBRO'-STREET—(THISI 'os4l3°ll;
Leonard Cartmell was placed before lgrJs
00)
charged with having violently assaulted police'c
Bird, 150 C, while in the execution of his duty'
The complainant said he was on duty let evifo
Argyle-street, when he found the prisoner Inge
od
on the pavement. Witness roused him tie, all",tofe
,(130
on his legs, when he made use of a foul express it brie
asked him who he was ? Witness replied ted 'lOO
all right, he was a policeman." He then P"-tie to
against the wall, while he went to Pick leg bio
(prisoner's) hat. While he was scold
ci,
pick up the hat, the prisoner came be,iiho 1).00
and struck him a violent blow on '-00 pet
of his neck, and knocked him down prif
curbstone, and dislocated his right elbow. l'ilet"°011
then ran away, and witness, as well as he cow beo 010
his rattle and sprung it for assistance. Ile t4tec°„'ye'
after the prisoner, and on arriving in Queeir-d 0"„ et
found him in custody of a cabman. Witric-nris°'
quently procured further assistance, and ale '
tio was conveyed to the station. ted'
The prisoner, in defence, said he was intoXics
knew nothing at all about what he had done. fCO
Mr. BrecliAm committed him to the }lota° 0"
tion for one month.
e°
go_
.00
THE BRITISH MUSEUM.—YeSIOrdaY thi.echei66llll
was re-opened to the public. The hours 01 „joci‘os
until the Slat of August will be from ten P, '''tee
seven ; and from September the Bth, to April
(from the:lst to the 7th of January excepteo ulet'ol)
o'clock till four. During the recess several seire 0
have to the
remains, originally collected at Nineveh for tiled me
Government,
GallerYve
quities. The new erection on the site of the
Gallery is ne a hrvely finished, been
dd
fir jev
SOUTHAMPTON, M p 1110.-1
MAY B.—The e „ joY,Aton
Oriental Company's steam-ship Tiger, CoPta" VP'
the docks at three P.M. this di), en route for 61 tode,
ttls,
with the Peninsular and Mediterranean t° ity agao
charge of Lieutenant Wilkinson, R.N., Adn'ira, 160 .03'
The Tiger takes out 17 passengers, and abet29,o
of general mixed cargo. The same Compeloiadd
packet Erin, Captain Russell, from Cep!'ed;
be
Malta, &c., with Indian mails, has not yet arrivals
hourly expected. She left Malta on the 24th obeo
New York steam-ship Washington, CaPtai„liked
overdue since the sth instant, is anxiously Jo"
t 136
BIRTHS. ottilig or,
wife of John
h
On the2d n sotm. ,
Thompson, dEdsi
qso. rf a a
On the 2d inst., at Westbourne-grove Wes" p3yo
„felt,'
the wife of F. A. Hawker, Esq., of a daughter. ;re of ."
On the 3d inst., at Bromley, Kent, the
Jackson, Esq.. of St. Helen's-place, of a s°ll'
odda Noogrhth, tet.

7th inq., Mr. Johl)nif",;lt,r, of Gossvell-11:(1172.1.1'
!;,, the tl. ai4L., Jou' 11 Esq., of Fre°
Ilauts, aged b 5.

plug is,
London : Printed and Published by 111URDO v pro. a
No. 112, Strand, Printer, at Tke Sun 0e 001
Strand, in the Precinct 06
of the Savoy'? in the
Middlesex, Tuesday, May 9, 1848.

the Tfih
first
t judgmentand secondo f
MORRELL V. BIDDLE.
the
issues, Court
and
was
for
third and part of the fourth.
CUTLER V. BOWER. •
The Court decided that the ob-ections of the plaint),
k),
to the pleas of the defendant were
va i I'd u J dgraen
for the
r la dienfteiff o
defends u ttho
the plaintiff.

BAIL COURT.—(THIS
(Sittings in Banco, before Mr. Justice CoLFSWG;;'
BRIDGE. V. COMMISSIONERS OF WOODS AND 1,005.-;
Mr. OGLE moved, on behalf of a Mr. ltudge, I°'d,
mandamus, calling pon the Commissioners of /70r.
and Forests to issue their precept to the Sheriff of dge
rey, to summon a jury to assess the damages Air'llll3.lr.
ces;",
had sustained in the followin circumstances
in
Rudge was the owner of some freehold proPer.ntiiere
Battersea-fields, and two years ago the Complit
of Woods and Forests ave him notice, under ft';- log
and 10th of Victoria, chap. 38, authorising' the I°:°' of
this property
Royal Park in Buitersea-fieldsthat a Vrtirtlie
property would be required for ihe porPies ;10 oe'
gark. Since then Mr. Rudge bad been constantly
,- sale,
ociation with the Commissioners relative to tile„, the
tiut a few days ago he received intimation fro'croya,
Woods and Forests- office totheaneffect that the To.
missioners had no funds to meet Mr. judge' coati
Now, the notice Mr. Rudge received tyl°
f this
ago, was also given to the tenants in ossessical of
P t'`.°
property, and as this notice had deprived bit? °to Oil
years' rent, Mr. Rudge had determined to aPPI„,, r 5 to
Court for a mandamus to compel the Coinloiss'e
grant him compensation.
Rule nisi.