The Sun.
London, England, 1844-04-11 00:00:00

of the proprtv, which letter she showed to the pri-
soner on the Sunday following.
Mr. Humphries objected to this evidence. Where
was the letter? •
Mr. South!), said it'svtiuld be produced on a future
occasion, but was not, then iti'Court.
Mr. Comte—State what the prisoner said when
you apprised him of this bequest to your daughter.
Witness—He said "Oh, I am very happy to hear
it."—(A laugh.) I asked him if I should not write
to Mr. Hawkins ; 'but he said "By no means, . and
that he would recommend ma to his attorney, Mr.
Hammond, of Ftrnival's Inn." He agreed to take
the copy of the deed to his own solicitor; but I never
got it back since. -I saw it the day the bill was filed
in Chancery. The prisoner subsequently stated that
he was afraid it should go into Chancery ; but he did
not say anything about Miss Wortham being made
a ward of Chancery.
Mr. CoMaE—Was there any conversation between
you and the prisdner about her being made a ward of
Chancery ? Witness--Yes ;on the evening before
he abducted her. He was at my house. I had just
received a letter from Mr. Camberton, one .of .the
trustee.
Mr. Humphries objected to the contents of this let-
ter being stated, as it was not produced
The witness, in answer to the Magistrate, said the
prisoner read e letter, and when she spoke to him
about her daughter becoming a ward of Chancery,
he said he " thought it would be so." The witness
then narrated the circumstances of hn daughter's
abduction, which took place on the 13th of October
last, and which have been already published. He
removed her during the temporary absence of the
witness, who did not again see them until last Thurs-
day week at the station-house. Witness was then her
daughter's only guardian, and had never given her
consent to the abduction, nor even known that the
prisoner was paying his addresses to Miss Wortham.
Mr. Comae—Was your daughter from lime after
her father's death for any period. Witness—Yes; for
six months at school, with Miss Brown, on Stockwell-

common.
Mr. Comnp—Did the prisoner see her. Witness--
Yes; he frequently accompanied me.there, awl some-
times went there with books and messages from me

to her.
Mr. Comun—Now, Mrs. Wortham, tell me if you
had any communication with your daughter since her
return ? Mrs. Wortham (after much hesitation)—l
have had some, hut not a great deal.
Mr. Comnp.—Did she explain any of the circum-
stances of her departure to you?
Mrs. Wortham again hesitated.
Mr. Southey—l object to the question.
Mr. Comnr, repeated the question. Mrs. Wortham
(reluctantly) —Yes ; she told me she thought she was
going to Furnival's Inn.
Mr. Southey-1 object to any question on this head.
Mr. ComnE—You, the solicitor for the prosecution,
object ! Why, I must say, that is • very strange
indeed.
Mr. Southey—l say it is very indiscreet to put
such questions now, and that it will defeat the end of
justices
Mr:Comun-r-State your objection.
Mr. Southey —I have done so.
Mr. COMAE—You have objected, but you have
given me no reason for objecting.
Mr. Southey—l have already given you my senti-
ments on this matter in private.
Mr. COMBE—Sentiments are not reasons. I think
the questions are necessary ; and if you cannot show
me the contrary I will .feel it my duty to put them.
Mr. Southey—Mrs. Worth= is here to give her
evidence of what she- knows of the matter, but not
to mention what Miss Wortham said. •
Mr. COMM—Stift is here to answer what questions
I think proper to put to her, and if she does not an-
swer theni she may 'as well know that I have the
power Of sending her to the House of Correction.
Mr. Southay:—What the daughter told the mother
is not, I submit, necessary to the present inquiry, and
I feel myself bound, again to say that extracting such
information from her will defeat the ends of justice.
Mr. COMBS--,lf you. reallyrthink so, you are botind
to show me why. •• - • .
Mr. Southey—l-will, in your private room.
Mr. COMBE—Then let us hear them. The Worthy
Magistrate and the •SOlicitor for the prosecution then
retired to the Magistrates' private-room. After the
lapse of a' quarter of an hour they came into Court,
when Mr. Combe said. that he ~had heard all Mr.
Southey had to say, and that he still remained of the
same opinion. The case must be proceeded with.
But he would now remand ,the prisoner, that those
documents might be produced which were necessary
to complete the case. - •
The prisoner, was, then remanded to Wednesday
next at twelve o'cloCk.

SURREY QUARTER SESSIONS.
REIGATE. •

Upon the report of the visiting justices to the
Brixton 'louse of Correction being made to the Court
on Tuesday, it appeared that Mr. Gardiner, the sur-
geon to the gaol, had expressed his intention to re-
sign his appointment, and requested the Court to take
the necessary measures to appoint a successor. The
ground for the resignation, as stated by Mr. Gar-
diner, was incapacity to fulfil the duties of the office,
by reason of bodily infirmity and illness, and a cer-
tificate to that effect, signed by Sir B. Brodie and
Dr. Chambers, was put in to support the statement
as to the condition of his health. _ _

Mr. KERRICK, before the report was received,
begged to be allowed to say a few words Upon the
subject with a view to ascertain the real grounds for
Mr. Gardiner's resignation: He had heard that one
of the prisoners who was ordered upon the treadwheel
refused to work, and said that he was unable from
illness. Mr. Gardiner, however, upon examining
him, declared he was able to work, and insisted that
he should go on the wheel, and on his still refusing
he was flogged ; eventually some other medical gentle-
men were called in, and they at once said that the
prisoner was not in a fit state of health to go upon the
wheel, and these circumstances led to an intimation
being given to Mr. Gardiner that he had better re-
sign.' He mentioned. these facts in order that some
explanation might be given upon the subject.
Mr: Gosse said he was very glad mr. Kerrick had
mentioned this stAject;because it gave him an oppor-
tunity, as one of the- visiting justices, to contradict
the statement' referred' to. The facts were these: a
prisoner had 'refused- ta' go upon the wheel, stating
that he was too ill to do. so. IVir. Gardiner was re-
ferred to, and he, 'a-tier examining him, declared that
he was not ill, amt . upon the man still refusing to go
to the wheel, he .was ordered a flogging. He still de-
clared that he was ill,. and the magistrates called in
another medical man,. and his report being doubtful,
they called in two others, and they concurred in the
opinion of Mr. Gardiner, and declared the prisoner was
in a fit condition 'to go upon the treadwheel. The
magistrates, under these circumstances, felt themselves
compelled to enforce tie regulation* of the gaol; and
he assured the Court that the circumstance had no-
thing to do -with the -resignation of Mr. Gardiner,
which was alone caused by his incapacity, from ill-
ness, to perform the duties of his office.
Mr. KEMBLE begged to confirm the statement
made by Mr. Go3se, and he remarked that the disci-
pline of the gaol would be completely at an end, if a
prisoner was . allowed• to persist in refusing to work
when he was declared to be competent to do so by
the medical officer. ' '
Mr. PENIIRYN remarked, that the surgeon could
have no interest in declaring a man to be in a fit state
of health to go to work, if he did not believe he really
was so. He did not think there., was any blame to be
attached to Mr. Gardiner in the transaction, and when
his opinion was confirmed by two other medical men,
he thought he was justified , ,Ordering him to go
'upon the wheel.
The report was then received. . •

Mr. KEMBLE said he thought that there was an-
other matter of very considerable importance con-
nected with this proceeding. Mr. Gardiner had de-
clared himself to be incompetent to perform the duty
of surgeon, and two most eminent men had expressed
the same opinion in their certificate. Three months
must elapse before a freslisurgeon could he, appointed,
and he really thought they. ought to_eonsider whether
the prisoners should be left for that period in the
charge of a medical man who had represented himself
to be incapable of performing the duty.
The CHAIRMAN remarked that it would be very
difficult to find a gentleman of competent skill who
would be willing to undertake the duty
.from the
present time until a frisli surgeon was appointed. He
then inquired whether the honourable magistrate
intended to make any motion upon the subject?
Mr. KEMBLE did not wish to make any motion ;
but he must repeat that, when their medical officer
declared that he was unable to perform his duty to
the prisoners under his charge, if anything serious
should arise, the Magistrates would be placed in a very
painful position.
An "nom. MAGIsTRATE then. moved,` that the elec-
tion of a successor to Mr. Gardiner should take place
at the usual period, the general, quarter session.
Mr. KEMBLE said that would be a period of nearly
three months, and as some amelioration he should
move that the election take place on the second ad-
journment day.
Mr. JOHNSON had no o!,jeetion to offer to the
amendment, but he begged to say that Mr. Gardiner
had always performed his duty faithfully, and he was
sure that if he felt any inconvenience was likely to
arise from his inability to perform his duty to the
prisoners under his charge, he would take care to
obtain competent assistance.
The amendment was then put and carried.

011THOPCEDIC INSTITUTION.—Tuesday a special
general meeting of the members of this Institution was
held at their house in Bloomsbury-square, the Earl of
Arundel and Surrey in the chair, when Surgeon Law-
rence, of St. Bartholomew's Hospital, was appointed
medical officer, in place of Dr. littl©, roagued.