The Sun.
London, England, 1858-06-12 00:00:00

LAW INTELLIGENCE—(This Day.)

COURT OF CHANCERY.
(Before the Lord Chancellor.)
APPEAL-AUSTIN V. DOTES.
At the conclusion of the arguments of counsel in this
case, the Lord Chancellor reserved judgment.
(Before Vice-Chancellor Sir R. T. Kindereley.)
MOTIONS FOE ADJOURNMENT.-WRIGHT V. WILKIE.
There were two motions in this case. The first was to
restrain the defendant from tampering with the witnesses
in this cause, under the examination of a special commis-
sioner at King's Lynn, and to commit him to prison for
contempt of Court, for illegally interfering with the wit
nesses while under examination.
His Honour the Vice-Chancellor, after considering
the affidavits of the plaintiff's Attorney's clerk, and
others who attended the examination of the witnesses,
came to the conclusion that thera was not sufficient
evidence produced to support this motion. His Honour
dismissed this motion without costs.
The second motion embraced a variety of points.
The defendant asked his Honour, first, to authorise the
commissioner to examine the witnesses not with shut
doore, but with open court; second, to allow him to
cross-examine his witnesses as adverse witnesses in the
causes ; and third, to allow a shorthand writer to attend
and take down the examination and cross-examination
of the witnesses in shorthand.
His Honour did not see any grounds whatever for
granting this motion ; there never was a more frivolous ,
motion brought before him. His Honour dismissed
this motion with costs.

ROLLS COURT.
(Before the Master of the Rolls, Sir John Romilly.)
PETITION FOR JUDGMENT.-DIXON V. GATFERE.
His Honour, the Master of the Rolls, said that he had
looked into the papers with a view of giving judgment
in this case, but in doing so he found his difficulty in-
creased on the point in dispute between the parties ; he
would therefore consult the late Lord Chancellor ou the
subject and his notes or recollection of the facts of the
case might, perhaps, clear up the difficulty, and his
Honour would give judgment on a future day.
Judgment postponed.

COURT OF QUEEN'S BENCH.
(Sittings in Banco before Lord Campbell, Mr. Jastiee
Coleridge, Mr. Justice Erle, and Mr. Justice
Crompton.)
THE QUEEN V. THE TAUNTON BURIAL GROUND—
CONSECRATION.
The court this morning declared judgment in the case
relative to burial grounds being in a fit state for conse.
cration. The question arose in consequence of the
Bishop of Exeter's objection to consecrate a portion of
the Taunton burial ground, because the Burial Board
had erected a wall of but 12 inches high, instead of four
feet as required by his lordship as a line of demarcation
between the consecrated and unconsecrated portions of
the burial ground.
Lord Campbell, in delivering, the judgment of the
Court, said that in this case a mandamus has been
issued, requiring the Taunton burial ground to set
apart a portion of the burial ground for consecration for
the interment of bodies according to the rights of the
united churches of England and Ireland. The burial
ground contended that they had set aside a fit and
suitable pl tee for such interrneete, to which the bishop
demurred. The result of the finding of the jury as to
that portion of the Tannton burial ground to be set
apart for consecration, was in all respects fit for such
consecration, except that a wad of four feet high by way
of a fence had not been erected between the consecrated
and unconsecrated portions of the burial-ground. The
Court was to assume there was an external fence around
the whole of the burial-ground, sufficient to protect it
from the intrusion of animals and all desecration, and
the question was whether there ought to be a similar
fence between the two portions of the burial-ground.
The special verdict of the jury found that the por-
tion to be consecrated was marked off by the said
burial hoard from the portion set aside as unconsecrated
ground by a well 12 inches high from the ground, mark-
ing off and defining the said portion of the ground a•
set apart f r consecrated from the unconsecrated portion,
and that the earns was a mark suitable to mark off and
define ouch portions. The verdict went on to
state that the refusal to consecrate wag because the wall
was not more than 12 inches high. The neces-
sity of a proper fence around parish churchyards
was enforced in one of the canons cf the
Church, and burial grounds were provided under the 15th
and 16th Vic., cap. 85, and the Court had to decide the
question en the principles of law involved in recent legis-
lation on the subject, and was it to be said that a wall
12 inches high ism not a mark or distinction suitable to
mark off or define the consecrated from the unconsecrated
portion of the burial-ground, Such a mark communi-
cated to the sexton, the parishioners (both Churchmen
and Dissenter), and all others interested, the distinction
between the two portions, and it was unneceesary to decide
if the canon requiring a fence round a burial yard was ap-
plicable to the case. An external wall had been provided,
giving security against tresepass and desecration, and
the Court much regretted that since the passing of the
20 & 21 Vic., chap. 81, which was intended to put an
end to all such controversies, that they should be oalled
on to decide how the law should be administered, with
a view either to the coats in these proceedings or in jug-
tification of any miserable party feeling ; hit they were
bound to discharge their duty, and they gave judg-
ment for the defendants.
Judgment accordingly.
RETIREMENT OF MR. JUSTICE COLERIDGE.
Mr. Justice Coleridge, it is understood, will retire this
afternoon from the bench—it being the last day of term,
and be has no desire to take part in the after term
nisi Arius sittings. It is believed that, on the
rising of the court, the Attorney-General will express
the estimation of the bar at his courteous conduct to-
wards them when on the bench, and their regret at the
loss of his valuable services. Mr. Justice Celeridge has
always been considered a sterling lawyer, and it is satis •
factory to know that he will be succeeded by a gentle-
semen whose reputation as a sound lawyer stands pre-
tly high areong the profession.
ADMISSION OF ATTORNIES.
Upwards of 30 at'ornies were sworn in this morning.
Above 50 were sworn in yesterday, meshing, this term,
80 admissions, about the average number. There is
every term about 30 gentlemen called to the bar,
snaking annually an average of 320 admissions of attor-
nies and about 120 calls to the bar, or rather more than
two atter:lies and a half to one barrister.

The ninth annual meeting of the friends of this institu-
tion was held yesterday at Willie's Rooms King-street St-
James's. , ,
There was a full attendance of ladies and gentlemen,
and on the platform we observed the Rev. G. Sanby, Dr.
Elliotson, Nottage, Esq., C. S. Hall, Esq., G. Crnik-
shank, Esq., Capt. Hudson, Majendie, Esq., Monckton
Milnes, Dc., M.P., Dr. Collier, Dr. Purland, &c.
Dr. ELLIOTSON informed the meeting that Lieut.-Col.
Sir Wm. Topham, who had been announced to fill the
chair, having received her Majesty's commands to attend
the levee that afternoon, he would be unable to attend,
and, therefore, he moved that the Rev. George Sandby
should preside over the meeting.
The motion was put and carried unanimously.
The Rev. GEORGE SANBY, who was received with loud
cheers, said he exceedingly regretted the absence of Sir
William Topham, because he felt assured it would have
afforded the greatest pleasure to the meeting to have had
that gallant gentleman amongst them. He also regretted
his absence on mesmeric grounds, because Sir William had
been one of the oldest and stanchest supporters of mes-
merism from its earliest days. In 1842, when mesmerism
was most strongly opposed, Sir William Topham was the
mesmeriser in a very important surgical operation. (Hear,
hear.) Be need not tell the meeting at that time it re-
quired great courage to do so. In these days of chloroform
it would beconsidered but a minor point to effect a surgical
-operation under the influence of mesmerism, but in 1842,
the idesof insensibility to pain was laughed and sneered at.
The first operation under the influence of mesmerism oc-
curred in that year. It was an amputation of the thigh,
and, as he had informed the meeting, Sir W. Topham was
the mesmeriser, and to undertake such a task, and in such
an important operation, required the greatest courage and
fortitude. (Hoar, hear.) The operation was quite suc-
cessful. (Loud cheers.) Sir William forwarded a full
report of the case to the " Medico-Chirurgical Society,"
and he had also the firmness to face all the most celebrated
medical and surgical authorities in London at the time.
But how was he received ? Some sneered at him, some
called for affidavits to be taken before the Lord Mayor,
and not a few said the man bad been trained to undergo
the operation— (laughter)—stnd that he was an impostor.
Events, however, had proved that all Sir Wm. Topham
then stated had been verified to the letter. (Cheers.) He
congratulated the meeting on the position mesmerism had
now taken when compared to that of former years, when
it was looked upon as a satanic agency. (Laughter.)
They had an admirable institution, the ninth anni-
versary of which they were then celebrating, firm
friends, increasing funds, and patients so numerous
that the present stiffof mesmerisers was found utterly in-
adequate to attend to more than half the applications for
relief. The last time he attended the council, on arriving
at the institution, he found the hall so crowded that it was
with difficulty he threaded his way through the number
of applicants, and he was informed that such was the case
on every occasion of their meeting. He felt exceedingly
rejoiced that the poor testified to the truth of his asser-
tion that mesmerism was the work of God, and were not
too proud to ask its assistance; and he only wished he
could say as much for the highly educated and highly
scientific portions of the community. They were too proud
of their scientific knowledge and academical honours to inquire into the truth or fallacy of so simple a curative I
power ; and yet he boldly and firmly asserted that
this beneficent gift was in the hands of all persons of
good health. (Hear, hear.) He recollected some time
ago a friend of hie came to him, and holding a pamphlet
which he (the chairman) had written on the subject, said
—" In this book you say that mesmerism was the gift of a
merciful creator, and your book is full of diabolical notions,
these are very strong expressions for you to express ;" but
he (the chairman) informed his friend that they were
strong expressions, and he meant to express himself
strongly, as he felt strongly on the question. (Cheers.)
Results had fully proved the truth of all the assertions he
had advanced in support of mesmerism, and when he saw
the poor mothers thanking the officers of the institution
for the great benefits conferred on their children, and
wives returning thanks for their husbands, he was not
afraid to say in spite of all the College of Surgeons that
mesmerism was the gift of a gracious God. (Loud cheers.)
He would now call upon Dr. Brown to read the report.
Dr. BROWN then read a very lengthy report, which
stated that the number of those who wished for the reme-
dial agency of mesmerism was now very great, and that
the visitors of the institution were newr so numerous as
at present. Complaints were raised against the systematic
professional opposition carried on to mesmerism, the me-
dical journals never noticing mesmeric 'seek-, whatever
might be their merits, nor reporting the great cures, alle-
viations, and painless operations which were published by
the mesmeric world, and this opposition was also privately
carried on with patients and their friends. Tho members of
the infirmary were not so weak as to believe that mesme-
rism could cure every kind of disease, but numberless cases
were constantly occurring in which it was efficacious in
diseases which were fatal, uncured, or unalleviated under
the ordinary measures. Several proofs were then related
of the power of mesmerism in a number of cases, many of
which had withstood other measures. At the time of the
last report 41 patients were attached to the infirmary ;
since then there had been 210 more, so that 251 hal been
treated during the year. Of these 40 were under treat-
ment at present, 126 had been cured or improved, and 85
had boon unimproved ; but of the latter number 51 came
but a few times, seven once, four twice, 24 less than a
week, and 16 less than a fortnight. It was said that mira-
cles were often expected from mesmerism, and that the
applicants were generally those who had left other chari-
ties and medical men without having received any benefit
and had chronic diseases.
Mr. NOTTA.GE said ho had great pleasure in moving the
adoption of the report. It was a source of gratification to
know that the truth of mesmerism was now fully estab-
lished, and if they were asked what it had done they had
only to point to theirnoble institution. (Cheers.) It was
much to be regretted that numbers had to be turned from
the doors for want of mesmerisers, and what he advised
all present to do was to increase the list of annual sub-
scribers. (Hear, hear.) They were the sinews of all
charitable institutions, and if the meeting only followed
his example they would soon have an increase in their
funds. He had made up his mind to procure at least one
new annual subscriber, and if he did not succeed ho in-
tended to pay the additional subscription himself. (Cheers.)
With increased subscriptions they would be enabled to
employ additional mesmerisers, and thus decrease the
number of applicants who were now compelled to quit the
institution unrelieved. He could not resume Ws seat
without alluding to Dr. Elliotson. (Cheers.) His un-
tiring energy, and undaunted perseverance had made the
institution what it was. (Loud cheers.) He had made
this institution his great care, and there he was daily to
be seen uniting with his unequalled skill, as a-physielan,
the kindliness of the man. (Cheers.)
Mr. S. C. HALL seconded the adoption of the report,
and in doing so, said ho had very much to learn upon the
subject of mesmerism, and nothing to communicate. He
had been convinced of the truth of mesmerism but a short
time, but he felt he should have been guilty of moral
cowardice if he had not come forward and thus publicly
announced an entire change in his previous belief.
(Cheers) The prejudice that existed in the minds of
some with respect to mesmerism was as unfair as it was
unjust—(hear, hear)- -but by this time it was perfectly
well known that any man proposing a new principle
was sure to be met with opposition. It was well known
that the great Sir Walter Scott was of the opinion
that a city could not be lit with gas, and yet he lived
to be chairman of a gas company. (Cheers and laughter.)
Then, again, he need only point to Dr. Jenner, the great
discoverer of vaccination. No man had been more
misrepresented and sneered at than he had been, yet
but a few days ago a statue had been raised to his
honour. He thought it was the duty of every person con-
vinced of the truth of mesmerism to make it known by
their pens, their tongues, and every other means most
available. (Cheers.)
The CHAIRMAN then put the adoption of the report to
the meeting, and declared it carried unanimously.
Mr. Moteme'roer MILNES moved the election of the fol-
lowing four gentlemen to the council—viz., Mr. S. Carter
Hall, Mr. Alex. Mitchell, Mr. James Salmon, and Mr.
Wing. He said he always felt a pleasure in attending
the anniversaries of the Mesmeric Infirmary, because he
felt confident that it was doinggreat and incalculable good.
(Hear, hear.) He strongly advised the supporters of the
institution not to relax in their endeavours to extend its
usefulness, for one of the most fatal things that could
befall any public institution was indifference to its
welfare by its oldest and firmest friends. (Cheers.)
Dr. PURLAND, in seconding the resolution, said in 1842
no person could have been a greater opponent of mesmerism
than he. In a year he became a steadfast believer, and
in six months afterwards he performed one of the most
wonderful operations under the mesmeric influence ever
known, via., to remove ten teeth and two stumps from the
mouth of a lady without pain. (Cheers.) It was a
source of gratification that the infirmary was in so flourish.
ing a condition. They had as good a balance at the bank
as former years, and as great a number of annual sub-
scribers, but what was wanted was an increase of mes-
merists and to obtain these increased subscriptions were
absolutely necessary. If one or two additional mesmerisers
could be appointed, 40 or 50 additional cases could be
attended to per week.
The CHAIRMAN put the resolution, which was carried
unanimously.
Mr. GEORGE CRUICKSHANK moved the re-election of the
auditors. He said he considered the question as to the ex-
istence of mesmerism settled. If the medical profession
thought it was an error, why did they not come forward
and prove it? (Cheers.)
Mr. MAJENDIE, in a few remarks, second the resolution,
which was put to the meeting, and carried.
Dr. ELLIOTXON said, no doubt it would be interesting
to the meeting to know that the lad Isley Rowlands had
quite recovered from epilepsy. The boy had had three
attacks he predicted, but had never had another, and is
now in perfect health and apprenticed to Mr. J. 0. Smith,
mast and block-maker, of Fore-street, Limehouse. in
September, two months after he left us, his mother ob-
served his manner to be altered : that he slept badly and
seemed silly. Like a sensible woman, she brought him to
us again. William Fisher mesmerised him, and he was com-
pletely himself again before the end of the month. This
disturbance of his mind had been produced by his being
frequently thrown into the mesmeric state, and tricks
played upon him in it, at school, after he had left us. He
would just refer to another case which had been
treated during the past year, it was the case
of James Churchill of Barnes Elms, Putney- He
had been under the parish doctor for paralysis, who
had given him up as incurable, and in three months he
was completely cured by mesmerism. The parish doctor,
to whom he had shown himself, denied that mesmerism
had cured him. " But here lam cured," replied Churchill,
"all the medicine I have taken has done me no good.
You said there was no cure for me. I have been mesmerised,
not taken medicine during the time, and here I stand cured l"
" Well, well," answered the facetious doctor, if I were to
mesmerise any one and cure him by it, I should be drummed
out of the profession.' This patient ever since has been
able to work, and is the wonder' of the place.
Several gentlemen then addressed the meeeting on the
benefits arising from mesmerism, and the interesting pro-
ceedings terminated with a vote of thanks to the chair-
man

GOVERNMENT EMIGRATION.—Her Majesty's Emigra-
tion Commissioners chartered three ships yestsroay
afternoon, the 10,11 inst.—viz., the Elienborough, 1,031
tons, at 101. 12s. per statute adult ; the John Duncan,
970 tons, at 91. 81. 9d. ; and the Plantagenet, 806 tons,
at 10/. 12.. ; to be ready at Calcutta on the let and 31st
of January and the 15th of February, respectively, to
British Guiana or
convey Coolie emigrants to either
Trinidad, as may be decided on. The Commissioners
have given notice of their intention to receive tenders
next Thursday, the 17th inst., for ships to proceed to
Adelaide, South Australia, and to Sydney,
New South
Wales, to be ready for the reception of passengers on
such day as they may fix upon between the 19th and
27th of July.