The Sun.
London, England, 1857-10-14 00:00:00

SERIOUS CHARGE AGAINST A SURGEON

AT MANCBESTE.R.

At the sitting of the Manchester Court of Record
yesterday, before John Monk, Esq., Recorder,
there was tried a case, "Dale v. Wainwright," in
which the plaintiff, a dressmaker, sought damages
for an assault committed on the 15th January.
The defendant, John Wells Wainwright, is a phy-
sician, practising as a surgeon, and residing in Bur-
lington-street, Oxford-street, Manchester.
The defendant pleaded that he had not com-
mitted the assault ; and that the plaintiff being un-
lawfully in his house, Jec., he gently laid his hand
upon her for the purpose of ejecting her. Both
plaintiff and defendant were examined. After coun-
sel had been heard on each side,
The Deputy-Recorder, in summing up, remarked
that this was almost as painful a case as had ever
been seen in a court of justice. On the one hand
there was a young woman who publicly avowed
that she had fallen from the paths of virtue, and
aknedu
lived for years in sin ; and on the other hand a
defendant, who did not deny that he had
advantage of the opportunities afforded him by bis
being the medical attendant in a respectable family,
to become acquainted with the plaintiff, and to
seduce her ; that he continued to seek her society
so long as the small legacy, to which she became
entitled on her mother's death, enabled her to main-
tain herself ; and that when she had nothing to live
upon he abandoned and left her without the
smallest means of obtaining the very necessaries of
life. When two persons were found coming to a
court of justice, each confessing an equality of sin,
the one manifesting some shame and confusion of
face at the confession, and the other bearing a bold
—he had almost said an audacious—front uuder
the accusation, it was for the jury to say which of
them came with the most credit, and which of them
they thought best deserved their sympathies. In
this case, he (the Deputy-Recorder) saw no way
whatever of liberating the jury from the conclusion
that one party or the other had intended to deceive
them, and by their verdict they must say which
of the two was so deceiving them. The learned
judge then read through the whole of the
evidence, making occasional comments upon it.
He said he concurred in the observations of the
learned counsel who had just addressed them with so
much eloquence and power, as to the heartless
manner in which the defendant spoke of burning
the poor girl's letters. It was as heartless a thing
as he had ever heard a man confess. For a man
who had recently lost his wife, to whom one would
suppose he had at one time been tenderly attached,
who had seduced a young girl, and who knew her
misery, destitution, and wretchedness, to burn her
letters without even seeing what her 'statement was,
seemed to him (the judge) a very cold, hard, callous
action. Almost the last observation of the learned
counsel for the defendant was, " You have seen the
way in which the plaintiff gave her evidence," im-
puting that it was, discreditable to her ; but it
seemed to him (the judge) that she was to some ex-
tent overpowered with a sense of the degradation
and disgrace that she had brought upon herself, and
her general demeanour appeared to be in her fa-
vour. The jury would Lave to say, in the first
place, whether there was any assault committed. If
they believed her, in estimating the amount of
damages they would give, they had no right to con-
sider the seduction, nor think of punishing the de-
fendant because he had behaved heartlessly towards
the unfortunate victim of his lust ; but they had a
right to compensate her for her bodily suffering,
and such mental suffering as she had endured
through being struck by th man to whom she had
given 'ter affections. If they gave damages at all,
he would advise that they should be reasonable
and moderate, and not what were called vindictive
damages. _ _

The jury consulted for a few minutes, when the
foreman ingnired what amount of damages could
be given in that Court ?

The Deputy-Recorder said he thought he ought
not to tell ►hem ; but upon Mr. Wheeler remarking
that the amount at which the damages were laid
was stated in the record, and he had forgot to men-
tion it, the learned judge said the jury must only
give what they believed to be reasonable damages.
The extreme amount laid in the declaration wassol.
After ten minutes' consultation, the jury returned
a verdict for the plaintiff—damages 401.

PUBLIC! AMUSEMENTS IN Amiutioa.—The tightness
in the money market does not affect the spirits of oar
people so far as to keep them away from places of amuse-
ment. Perhaps they may feel the need, all the more, of
something to keep their spirits up after the anxieties and
tribulations of the day. All our theatres seem to be in
full blast, and the Opera singers discount notes to crowds
of eager customers. The amount of money expended
nightly upon amusements in this city is much greater
than is generally imagined. Take the following slate•
meat as a rough, and certainly not an exaggerated esti
mate of the amounts received upon any on 6 night at the
various theatres, &c. :—Academy of Music, 2,000 dole.,
Niblo's Garden, 1,000 dollars ; Laura Keene's Theatre,
300 dollars ; Broadway Theatre, 1,300 dollars ; Wel.'
lack's Theatre, 800 dollars ; Burton'e Theatre, 900 dole, ;
Bowery Theatre, 500 dollars ; National Theatre, 400
dollars; Barnum's Museum, 500 dollars; Bryant's
Vliustrela, 250 dollars ; Franklin Museum, 400 dols.;
Olympic Theatre, tOO dollars ; Christy's Minstrels, GOO
r 10,000 dollars expended every
lollars ; Dusseldorf Ganillearkyi,nglaoOtedtaolllnafrslo;,oAsnoadtoemliaicracl
Museum,aere isa tl.ootOald °elf' a resy
e;
night in this city alone, merely for amusements, And
yet it may
tnhortoubgeh wthaested
wear.
anda ims
mti
tear
ryo
esdsfei bbli eun thats
city
should go
I
andafter r
ewl
aexeaon of some sort. It is,
week,
afteri
without
yorneaecnrodefawtthieoeenkilret necessaries of life to the thousands
and tens of thousands of our working men. Those who
work with the brain feel it most, but those who labour
with the hands need it also, and ought to have the
means and opportunities for it much more abundantly
than they have at present. It is for the lack of it that
so many day-labourers resort to the rum shop, to' find
in the lights and hilarity, as well as in the drink
of the place, some stimulus to the exhausted
body and flagging spirit. The cause of morality
would be greatly hentfited by any one who would
devise a system of cheap, popular, attractive, and
innocent amusements for the poor. But probably two-
thirds of the money paid for amusements in the city
comes from strangers. It is curious to stand at the
entrance of any of our theatres or concert saloons, and
observe how few among the faces of those entering can
b recognised as belonging to the city. There are always
at least twenty or thirty thousand strangers in the city,
and the great mass of them pay at !Last one visit to
these places of entertainment during their stay.—New
IQ)* Times.

ONE
tall'' FUNDS THIS DAY AT NE O'CT,OOli.
(front the Official List:)
miginegs
done.
IS %tic 'Stock
Per 'iont. Reduced Annuities
IS per Dent. Consols Annnittei 3 871 •2
per Cent. Annuities Si 3
.
sob, tor, ikee.ounl, Nov. 10
Ezahequer Bllla,
$lOOO 00000000000
"41 • 000000000000
Exonequor tionds, 1858, NA per Cent 93A
I'ILICES OF FOREIGN FUNDS AT ONE O'CLOCK
Mexican 3 per -
i 19
Ditto 1853, 3 per Cent, ........, .. 3
Tarkieh i!onds, per cent
7
Dividendson the above payable7in London.
• • Consols, 1310110 Y
.4
Ditto (November account) ..... 87
............ 88i

.
The King of the Belgians has arrivsd at thin Chateau
Pf tack:m from his tour in Switzerland and It dy. The
'kg, in passing through Metz, aidsp visit to the Prin-
t 4 of Prussia ; also one to the family of Prince Met-
erciich at Johannisberg.

FOREIGN.
10 all 'A.ntwrp &Rotterdam' 54 6
20 18 Ardennes —
5 all Belgian East. Junct
20 16 Be ziers to Graissessac
6 all Carmeaux&Toulonse
Coal Mines and Ry. 3* 3i
20 12 (Dutch Rhenish
20 all Eastern of France
20 all Do. New
20 2s. 'Euphrates Valley
20 18 IGt Central of France
20 all ,Great Luxembourg 5 5 51
10 4 (Italian Junction .. •••
20 all Lake Const. & Bale
20 all Lierre and Turnhout ...d
20 6 Lombardo-Venetian 2i
5 all Lueca do Pist.sp.c.p.
20 all Lyons and Geneva 24.3 —25 i
20 all Lyons & Mediterran.
334 all Maria Antenla
10 all Do. New
20 all Namur & Liege
20 all Do. do. 6p. c. Pref. 181 19
16 all Northern of France 32 33 33/ 4
10 all Norwegianlrnk.Pref 9 10
20 all Paris awl Lyons 321 —32 i 3
20 all Paris and Orleans 53 55
20 R , 7 ceife di San Fran ,
{Perham.) g. 7p. c. 2 —11 d
10 71 Rums and Frsazati..
20 all Royal Danish .
5 all Royal Swedish
20 all Sambre and Meuse_ 6i 6i
10 all Do. 5 per cent. pref. 71 8
20 all Southern of France 23 23
83 all West Flanders 4 5
10 all Do. 5i per c, Pref
20 all W.diN.W. of France 27 271
20 6 Western of Austria •.•
20 all IWest. of Switzerland
6 all .Wiesbaden
6 all I Do. Bp. cent. pref.•
20 all Zealand,.
.......
JOINT-STOCK BANKS.
40 all
25 18i Rank of Eag YPt
50 all British N. A.
00 50 Bank of Lo
.k~Ln Co.
meriean
4.1 3
40
20 8 C.Bk.of Ind An &ch
100 50 City .. • •
100 25 Colonial ..... : ************ 64 66
10020 201 CEonigu.ysnceort.
ciaezilui :::4
20 all ;Lon. Ch. Bk.of Aust. 17i 18,
20 ' all Ditto New — 184
50 20 'London and County •••
50 Lnd.&E.Bukng.Corp
•••
50 10 London Joint Stock.
100 20 ILond.andWestminst. 47
100 35 !National Pro. of Eng.
20 10 Do. New
50 22i National Bank
20 all ;New South Wales 5 35
25 all !Oriental Bank Corp
100 25 IProvine al of Ireland
20 20 Ottoman Bank
10 all IDo. New
5 1 IR.Aus.B.&G.Im.Co
25 all ISouth Australia 3l
—51 A
25 all !Union of Australia 5O• _
21 {Do New 6 7
26 1
50 10 Union of London
• 101 50 Uaity Mutual ...d
100 ,50 Wootsnßk 0U401141 •••