The Sun.
London, England, 1848-12-20 00:00:00

ANOTHER.

This action was brought to recover damages as com-
pensation for loss sustained by the plaintiffs, arising out
of certain alleged breaches by the defendants of a con-
tract into which they had entered with the plaintiffs.
The pleadings were exceedingly voluminous, and the
trial engaged the attention of the Court from its sitting
until near seven o'clock, when it adjourned, being,
as was the case yesterday, the only cause heard during
the
Sir Fitzroy Kelly, Mr. Martin, and Mr. Greenwood,
were counsel for the plaintiffs; Sir F. Thesiger, Mr.
Watson, and Mr. Cowling, for te defendants.
The facts of the case, as a large portion of them re-
lated to mere matters of detail, are briefly these:—Mr.
Alderman Thompson, M.P., and his partner, Mr. For-
man, are extensive iron merchants and manufacturers;
and the defendants, Messrs. Bailey, Brothers, and Co.,
aro also largely engaged in the iron trade. The latter
gentlemen, in 1847, bing under a contract to the Great
Northern Railway Company for iron rails, entered into
the present contract with the plaintiffs for the deliver),
to them of 2,000 tons of iron rails, to be made accord-
ing to a " template," or pattern transverse section of the
rail required, which template was to be delivered to the
plaintiffs within a week from the date of the contract.
The rails were to weigh from 72 to 80 pounds per yard,
to conform to the template in shape, and to be deli-
vered in batches not smaller than 500, or exceeding
1,000. There were also some immaterial provisions
with respect to the second thousand. It appears that
the template was not sent in by the defendant within
the given time, but a sketch of it on paper, accompa-
nied by a short piece of the pattern rail, were by con-
sent substituted instead of it. In due course the
first delivery was made, and it consisted of 737 tons.
These were objected to as not coming within the
terms of the contract, but a selection of 500 tons being
made from them, the remaining 237 were returned
to the plaintiffs, who had sold them in London by
a broker, thereby realising only 6/. per ton. In
consequence, as now alleged, of their not having the
template soon enough, and the time becoming short,
the plaintiffs could not manufacture the rest of the first
delivery, and, therefore, though :at great loss to him-
self, he bought the remaining tons at Cardiff, from a
portion of a larger quantity, which was originally a
contract executed by Mr. William Crawshay. At this
stage of the transaction the defendants repudiated the
contract, on the ground that the rails thus supplied were
not newsy manufactured, but ready-made rails, and fell
short of the stipulated weight. The answer was, that
their quantity was, nevertheless, what the contract sti-
pulated, and that, as the plaintiffs' witnesses now ex-
plained, It was impossible to make them exactly of the
given weight, the template been also given, because the
wearing of the rolls, and of the bush in which the axle
of the machinery revolved, together with the varia-
tions of temperature and speed, occasioned the re-
sulting weights to vary within certain limits. The
present action was now brought to recover compensa-
tion on the two lots of one thousand rails each, although
the second were never delivered, or even made, the
breach of contract being alleged to be by the defendant.
The loss claimed upon each ton of the first was the dif-
fenence between the contract price and the selling price
to the plaintiff of the rails he bought; and on the se-
cond, it was the difference between the contract price
and that at which the rails might have been manufac-
tured by the plaintiff, had the defendant allowed him to
continue the work under the contract.

The LORD CHIEF BARON, in his-Charge to the jury,
expressed his opinion that the conrtact implied a deli-
very of goods corresponding with those sent as a pat-
tern, but he did not think the plaintiff entitled altogether
to so large a aum as he claimed.
The jury, after a short consultation, returned a verdict
for the plaintiffs—Damages, 3,375/.

ASSIZE INTELLIGENCE.
IVO RTHERN CIRCUIT.—Ycrh, Dec. 18.
Mr. Baron PLATT.this morning sentenced Eli Bates,
aged 22, who was tried a few days ago for obtaining
three cheeses and a pair of scales and other articles, on
the false pretence that he was then intending to open a
shop and begin business at Ilud&rsfield. This Mr.
Price contended was not a false pretence within the sta-
tute, as it was an intention to do a future thing. To
this it spas answered that the substance of the allegation
was, :hat he, the prisoner, then intended, and the jury,
by finding him guilty, had found he did not then intend.
This view his Lordship adopted, and sentenced the pri-
soner to be transported for seven years.
Thomas Whitehead, a well-educatA man of 64 years
of age, who had practised as a surgeon at Sheffield, was
indicted for manslaughter, at Sheffield, on the 22d of
Septemter last.
Mr. Overend stated the case detailed in the following
evidence. Mr. Johnston with him.
Sarah Taylor said she was the mother of the deceased.
He was nineteen years of age. He first complained of
a pain in his arm in May last, and then treated it with
tu•pentine for three weeks. He then went to the dis-
pensary, and lastly to the prisoner. He got worse and
worse, and during this, prisoner's treatment, he suffered
grunt pain.
Cross-examined—After going to the dispensary three
weeks, during which time he suffered so much pain night
and day, he had little or no rest, he went to the in-
firmary. She did not know how often prisoner dressed
the arm. He charged threepence each time. After
leaving the prisoner he wentnto
theinfirmary and was
there five weeks before he died.
John Hydes said he was at Taylor's on August 16,
when the prisoner examined the arm(.tow)aous
t. tl;7 red,
and when the prisoner took the hurds
saw the hole was full of blood, which the prisoner cletanneel oat with dry hurds, and witness could then see the bone.
Prisoner then pressed hurds into the hole with e. woo
skewer, and put hurds and salve upon it, and put on terra
white powder ; it was keening (caustic) to eat the flesh.
Witness asked prisoner if he thought he could cure it.
He answered, if he could not no other man could. He
saw the prisoner take the hurds out again the Saturday
following. The hole was then a good deal larger.
Prisoner, with a pair of scissors, cut away a large lump
of flesh, as large as his fist, and it fell on the floor. He
then with the scissors prised up two or three pieces of
bone. Taylor, during the operation, was in very great
pain, and croodled up in the chair all of a lump.
Prisoner then took a lot of hurds and put them in the
hole. He then told Taylor he must go into the infir-
_ 'nary and have his arm taken off, or it would kill him ;
and witness went with him in a cab. Witness first knew
the prisoner eight or ten years ago. He was then a
butcher at Sheffield.
Other witnesses, who had seen the prisoner's treat-
ment of the deceased, proved that its general nature was
to procure a hole through the flesh by taking away the
flesh by means of cutting and caustic, so as to expose
the bone that he might see whether the disease was in the
bone.

An affidavit made by the prisoner, on being bailed,
was read, which stated that he had practised as a surgeon
35 years, 15 at Sheffield. He considered the arm in a
state of decomposition, and he treated it with calomel
and opitim. On the 12th of August he separated the
putrid flesh, and he then saw the disease was situated
;1 the bone, and advised the deceased to go into the in-
firmary. He had frequently cured diseases declared at
the infirmary and the dispensary incurable.
Mr. John Taylor Porter, surgeon at the dispensary,
and his assistant, described the state of deceased's arm
when he first applied at the dispensary, in the latter end
of June. It was a disease of the membrane covering
the bone of the upper arm, and they ordered leeches,
fomentation, and opening medicine. A man of compe-
,petent skill would, from the appearance, detect what j
was the matter. They believed he would have got well j