The Sun.
London, England, 1845-09-19 00:00:00

LAW INTELLIGENCE.

JUDGES' CHAMBERS, Sept. 17.
(Before Baron PLATT.)
THE QUEEN V. THE WEEKLY DISPATCH.
This was an application for a procedendo against Mr. Ashley, the
publisher of the Weekly Dispatch.
Mr. Wilde supported, and Mr. Ballantine opposed the application.
Last June an action was taken by Henry Austin Sherwood against
Mr. Ashley, as the publisher of the Weekly Dispatch, for an alleged
libel contained in a police report. The plaintiff dropped the action
and sent up a bill of indictment against Mr. Ashley to the grand
jury at the late sittings of the Central Criminal Court. The bill was
found, and a judge's warrant issued against Mr. Ashley, who was
arrested late at night In the office, and could not be bailed until the
following day. He then moved the case by a writ of certiorari to
the Court of Queen's Bench. Subsequently the plaintiff issued a sum-
mons for the defendant to show cause why the writ of certiorari
should not be set aside, and a procedendo granted.
Baron PLATT, having yesterday heard counsel on both sides, dis-
missed the summons, as defendant's pleas were under a new Act of
Parliament, the 6th and 7th Vic., C. 96, which might give rise to
points of law that would demand the attention of the hill Court of
Queen's Bench. His Lordship also observed that the course of jus-
tice would not be interfered with by the writ of certiorari, as the
nature of defendant's recognisances bound him to the plea of guilty,
which he necessarily pleaded in the Central Criminal Court.
31 r,
arWnnuednnuaaprpoln.ied ior costs, which were peremptorily refused by
the

SHERIFFS' COURT, Sept. 18.
(Before Mr. Under Sheriff BURCHELL.)
WHITTENBT,IRY 27. WESTHOFF.

This was an action for goods sold and delivered and work
and labour done. The claim was 191. 2s. The defendant
pleaded that he never was indebted beyond the sum of 61.25.,
to which he had a set off.
Mr. CIIARNOCK stated the case. The plaintiff was for-
merly a baker in the Wlntechapel-road, and the defendant
purchased his business.,7after which he engaged the plaintiff to
superintend some repairs, for which he charged 2/. a week ;
the rest of the account was for a mainsail, &c. f,r a smack,
a trough, and other things. He (the Learned Counsel) re-
gretted that the otter he had made to refer the matter to
some competent person, and that defendant should make an
apology for some expressions he had used against the plaintiff
on which an action had been brought, bad been refused. The
plaintiff would take 121. and an apology.
Mr. HAWKINS, for the defendant, proposed that all matters
should be referred unconditionally, and an apology to be
made on either side if deemed proper by the referee this pro-
posal, however, was rejected.
Several witnesses were called, and the main evidence was
as to the value of the sails and their sale to the defendant.
In cross-examination two of the plaintiff's sons, who had
given their evidence in a very evasive manner, admitted that
the plaintiff had deposited the sails with the defendant as
security for flour supplied to him.
Other witnesses spoke to other admissions of their being
left with defendant for 15/.

A further sum of 101., claimed for money paid for defen.
dant, was abandoned.
_. _

The jury retired for some time, and then gave a verdict for
plaintiff.
In consequence of the vacation in this Court the list was
very heavy.
. Mr. lIEATox said he was engaged in the last case but four,
and as there did not appear to be any chance of its coming
on, he wished to know whether the Learned Under-Sheriff
would not fix upon a certain number to be taken this sitting?
In other Courts the Marshal limited the number, but here
great inconvenience arose through so many cases being set
down which could not possibly be heard, although a great
number of persons were kept in waiting.
The UNDER-SHERIFF said that sometimes they got through
twenty or thirty cases in the day. Those to-day, however,
appeared to be heavy; he would, therefore, not take any
beyond No. 17. The above case lasted nearly three hours.
The Learned Under-Sheriff said it could have been settled
out of Court by any competent person in half an hour.

CENTRAL CRINIINAL COURT.
'OLD COURT.
(Before the COMMON-SERGEANT.)
Charles Maynard, aged 47, described in the calendar as an
agent, on being placed at the bar on a chance of felony, for
receiving a desk stolen from the Great Western Railway
Company's station, and on another charge for bigamy,
pleaded 'Not Guilty to the former charge, but Guilty to the
charge of bigamy.
The COMMON-SERGEANT stated he would not sentence him
on the charge of bigamy until he had been tried on the
charge of felony.
ROBBING LODGINGS.—James Matthews and Mary Anne
Thomas, respectable-looking people, pleaded Guilty to the
charge of stealing a quantity of goods. It appeared that the
prisoners removed the property at various times, and pawned
the various articles afterwards.
The prisoners were sentenced to be imprisoned for six
months.
STEALING FROM A SAlD.—George Webb, aged 15, appren-
tice, was indicted for stealing sixteen sovereigns and other
moneys from the captain of the vessel in which he served.
It appeared from the evidence of the prosecutor, that having
occasion to leave the vessel, he found on his return that
the prisoner had absconded. He immediately went to the
mother of the prisoner, where he found him ; and on charg-
ing him with the robbery, he replied he had not taken all the
money from the desk.
As the prisoner was strongly recommended to mercy by
the prosecutor and jury, it being his first offence, the sentence
was limited' to three months imprisonment in the House of
I Correction, with hard labour.
(Before Mr. Justice WIGIITMAN and Mr. Justice ERLE.)
MANSLAUGIITER.—James Hawkins, aged 37, surgeon, was
indicted for having feloniously caused the death of Mary
Anne Crowder, by wilful neglect on his part in attending her
in childbirth, in his capacity of accoucheur.
Mr. O'Brien appeared for the prosecution, and Mr. Clark-
son defended t lie prisoner.
Catharine Thornt,n deposed that she lived with the de-
ceased Mary Ann Crowder. On the 30th of July last de-
ceased was taken ill, and the prisoner was sent for to attend
her. Ile arrived a little after nine in the evening. About
half-past eleven deceased was delivered of a living child.
Between four and live the following morning deceased coin-
plained of a severe pain in her stomach. This Hawkins ac-
counted for by natural causes. She continued to get worse
until eight o'clock, when she was delivered of a second child.
She shortly afterwards sunk, and died at a quarter past six
in the evening.
Cross-examined by Mr. CI ARKSON—He had always heard
deceased speak in the highest terms of Mr. Hawkins' care
and skill. Mr. Bartlett and Mr. Thorne, two other surgeons,
were called in. Deceased was assisted in the delivery of her
second child by Mr. Thorne.
Elizabeth Smith, midwife, examined—She was called in
on the morning of the 31st July to attend deceased. She was
then very. ill. Deceased said to Hawkins, " I'm sure you have
murdered me, for I know there is another child."
Nicholas Crowder—Was husband of deceased. He went
for Mr. Hawkins at eleven o'clock on the 30th July. Upon
finding deceased so ill he implored him to send for further
assistance, but he replied that twenty doctors could be of no
further use to her. After the delivery of the second child he
reproached Hawkins with his want of skill, but lie left with-
out further reply.
Michael Bartlett, surgeon, of 24, Hatton-garden—He was
called in about nine o'clock on the 30th of July last. He
found the deceased very ill, and one of her intestines very
much inflamed. He then went for Mr. Thorne, and upon
returning, found a third surgeon, a Mr. Gibson, there. Upon
Mr. Thorne examining the woman he found the existence of
a second child in the womb. There was no difficulty gene-
rally in ascertaining whether a second child remains in the
womb. It was always the surgeon's duty to ascertain that
fact. The second child was delivered by means of instru-
ments. If these instruments had not been used the deceased
would have died undelivered.
Cross-examined by Mr. CLARKSON—There was a rupture
of the vagina. This might have been occasioned by the birth
of the first child. In his opinion it was imprudent to use in-
struments to accelerate a second delivery under such circum-
stances. He had heard of a late case in which a first-rate
nractitioner was unable to detect the discovery of a second
child. He understood Mr. Hawkins to be a very skilful man,
and had sought his assistance in cases of necessity himself
John Thorne, surgeon, Mill-street, Pentonville, examined
—Between nine and ten in the morning of the 31st July he
arrived at the house of the deceased, and found her in a very
prostrate condition. He examined her, and found the pre-
sence of a second child. He immediately informed the other
hsuardgeaottnesnodfedthtchefpoacts. He
t raortemdeliexvearmedinathtieonc.hilTdhaet once.part H
s were
much swelled, torn, and otherwise injured. The deceased, in
his opinion, had died from these injuries. There was not in
eann
eye
of child instaa ns
ecceotnhde taeftsterd
tiflhiecudlelvienryascertaining . the exist-
John Gibson, surgeon, of Holborn-hill—Had attended de-
ceased on the 31st of July. He deposed to the same facts as
proved by Mr. Bartlett and Mr. Thorne.
Dr. Davies stated he had made a post mortem examination
on the body of the deceased. He described at length, and
with great minuteness, the appearance which the womb and
the intestines presented after death. The latter protruded
through a rent in the vagina, and the whole presented a
lacerated apPearance. He had no doubt that the de-
ceased died from the effect of the injuries in question.
In his opinion these appearances were not produced by nature.
It must have taken considerable force to produce the injuries
as he found them on the post mortem examination.
This was the case for the prosecution.
At the desire of Mr. Justice WIGHTMAN the witness, Ca-
therine Thornton was recalled, who proved in detail the man-
ner in which the prisoner Hawkins delivered deceased of her
first child. • •
Mr. CLARKSON here submitted to the Court that there was
no evidence to show that the deceased had come by her death
by any
negligence or want of skill on the part of the prisoner,
but solely arose from natural causes.
Mr. Justice WiearrstAN was of opinion that thatwas a case
for the jury.
Mr. CLAnicsosr accordingly addressed the jury for the de-
fence. He urged the want of evidence on the part of the
prosecution, to substantiate the present charge, and called
several witnesses, who proved that Mr. Hawkins'
conduct
orw
ief
ttnahhnet
all
eel a
thea tFrseknoacnl melancholyh.owf
oamcarefulan, ioccasionnpgt inac t
itio n e questionr. had been
A number of ladies, whom the prisoner had attended at
their confinements, spoke in the highest terms of his uniform
a, k
Signor
Eng-
lish, and their being no professionalinterupnreatbelreptroessene t
Pino, a Moor, from Tangiers, who was seated on the bench,
and who seemed to take a great interest in the proceedings
of the Court, politely volunteered his services.
Mr. O'Bital.N replied on the part of the prosecution, after
which
Mr. Justice WIGIITMAN summed up the evidence, and the
jury returned a verdict of Not Guilty.
The verdict was received with marks of great approbatio
by the friends of the prisoner assembled in the Court ; an
the prisoner left the dock surrounded by his friends.

THE LATE FIGHT FOR THE CHAMPIONSIIIP.—The
fight between Caunt, the champion of England, and Bendigo, of
Nottingham, has not as yet been decided as to who the trophy o
victory is to be awarded. The settling night was to have been Tues-
f
day last, but in consequence of the absence of Mr. Osbaldeston, the
referee, the final meeting was deferred till last night. On the assem-
bling of those concerned both the stakeholder and referee were non
est, and the event as yet is involved in doubt. The supporters of
Caunt, on whom bets to a heavy amount were laid, are pending the
issue of the decision in a state of feverish excitement.
SERIOUS ACCIDENT IN REGENT-STREET.—Tues-
day, about twelve o'clock, Mrs. Simpson, an eldery lady, residing in
Noel-street, Oxford-street, was knocked down eg-stt by an
omnibus. She was :nimediately taken up and conveyed into a sur-
geon's, when it was found that her right arm and three of her ribs
were broken. Mrs. Simpson being rather deaf, did not hear the re-
peated calls of the driver, and was knocked down by the pole of the
omnibus.
SERIOUS INJURY FROM FIRE.—On Tuesday after-
noon, about two o'clock, a line boy, about five years of age, son of
Christopher Moss, Esq., residing in Portland-road, was most dread
fully injured by his clothing catching tire. It appears that, during
thenursery
the momentary absence of the maid from , he contrived
to light a piece of paper by fastening it to the end off
a s
stick,
aid pass.
and pass.
ing it over the tire-guard ; and in playing with ihi
His screams soon brought assistance, and the flames were subdued
by wrapping a blanket round him. The boy is frightfully burnt about
the neck, face, and body, but hopes are eatertained 9f big recovery.