The Sun.
London, England, 1828-12-15 00:00:00

THE ARMY.

CATHOLIC ASSOCIATION.

k From the Dublin Morning Register of Friday.)
NEW BILL OF EMANCIPATION.
Mr. O'Coar nett., M.P.—Every art and every stratagem
has been used against us, and they have all failed. Every
species of calumny and injustice has been heaped upon the
Irish people, for there has been an elasticity in the Irish
character, which has always supported the people against
oppression. An emaciating code of laws has not lessened
our numbers.—(Hear, hear.)—Massacres and penal laws
are passing away ; all schemes of persecution have been
attempted, and all have failed.—(Hear.)—Last year the
most absurd experiment of all, the new reformation, was
put in operation ; we were to be converted at the rate of a
thousand a week. The Mail bad its calculation upon the
subject. Bobadil, like it, disposed of ten men to-day—
took out another ten, killed them too"—(Laughter)—
and so on until the one thousand a. week was made out
most satisfactorily, and we were all, in the course of one
year, to be converted when the "new light" burst upon us.
I should be glad to know what has become of the new re-
formation now.—(Hear and laughter.)—Any money for
the new reformation.—(Laughter.)-w•Stolen or strayed,
lost or mislaid, a thing called the new reformation.—
(Laughter. )—Why the very dreamers, who dreamed
this delusion, are gone and passed by now. But this
year opened with a new scheme ;—they want to put
us down by Brunswick Clubs.—(Hear and laughter.)—
And who had they for their patron ? Ne less a person than
his Royal Highness the Duke of Cumberland. I bless
God that they have taken him for their patron. *Hear
and cheers.) How can any Brunswieker look an honest
man In the face arid say, our patron is the Duke of Cum-
berland ? (Hear, and cheers.) I shall say nothing more
of him, tkau that the Imperial Parliament would not en-
trust him with the etlueation of his own children. If I
had a malignant wish to gratify—if I desired to degrade
the Orangemen, who should I desire to nominate for a
patron but the one they have got? See the saintly Lefroy,
and the solemn Saurin ; they lift up their hands to the
Duke of Cumberland as the God of their idolatry.
(Laughter and cheers.) The late meetings that have taken
place amongst them, prove the disrepute into which they
have fallen. If the people are peaceable all over Ireland—
if they cease from illegal oaths and secret societies, and I
now address myself not solely to the people of the North,
but the-South ; not less to the people of Monaghan, than
Duliallow, in the county Cork—let there be peace for
twelve or eighteen months longer, and there-will not be a
lirunnricker in Ireland that Will you not 'find protesting
that lie never attended there willingly, but was forced to it,.
and crying out—" forgive Me' this time, and I will
never do so again." (Laughter awl continued cheers: )
The Catholics of the county Monaghan shall receive every
assistance. (Hear.) They shall have civil actions. Brery
poor man who hag been oppressed and outraged will be
enabled to proceed in civil action, -and :the expenses de-
frayed for him. . There is nothing in theworld terrifies an
Orange Magistrate as much as a lutitat. (Hear, and
laughter.) Criminal proceedings ashall be taken wherever
we are enabled to do so. (Hear, hear!.) And, before
the next day of meeting, I pioulise to show how ntagistrates
can be called on to disarm every man not entitlod to have
arms, and how the man who is entitled to have them can
compel magistrates to give hint a ttertificate.. (Hear.) 1
.said to you, that it way parlieularly necessary that the
people should, at the present moment, be- tranquil; fur, I
am well aware a the detail. of an emancipation bill.
(Hear.) It is drawn. (Hear.) It is in the hands of
the lawyers. I know more thus that—it is now actually
in the Linde of the bishops. (Hear, hear.) The Parlia.
,meat meets-on the Stis of Fairtiary. I t:ati aaatiounce that
as a fact, though it happette that very few in this ennatry
know it - hitt. myself. (Hear.) The emanripation bill
bas been In the hands of Mr. Tyndall, and read by him,
in order that it might put in precise teenical form.—
The Duke of Wellingtcin ha given it to him, whom my
Rev. friend, by mistake, called tie Bishop of Chester, bat
who is now the Bishop of London, iso order that he may
get the assent of the majority of the Bishop to it, if pos-
sible ; but that, at all events, it yea:aid he brought by the
Duke of Wellington into the House of Losals.—(Hear and
cheers. )—I will tell you more—that by this Bill we are rot
shut out (nun Parliament; but that it opens both Houses
of Parliament to the Catliolics......(aultinued cheers.)_
With this one qualification, and it is an- a:seceding silly
one—that the Catholics are not to be allowed to vote on
any subject connected with the Church--(Hear.)-Y1
know that this is the plan of Mr. Horton, and a most
foolish one it is ; under this bill Catholic 17.43mbers are not
to be entire menabers.—(Langhter.)—Whenever they at-
tempt to touch upon any thing corotected with the Chrch,
they are iomediately to be seized with a paralytic stroke.
.--(Laugbter.)—They are to be frilly alive on every civil,
political, and navai question; but completely dead the very
instant the word Church" is uttered.—(Laughter)—
lusanitywas never greater than this...it is taking away
from the electors so much of their opinions upon one sub-
ject; but if I have bad new, Or you on thatpoLot, I have
good news for you on another, that there is no iatesif;.,,,,n of
tneddling with the freehold wing at allas—(Hear, and long J
roertinued cheers ) But if that is cheering I have now to
tell you what will be the reverse of cheering—that this Bill
contempletes in modified species of veto impewering Govern-
rser.t to disapprove of the appointment of a Bishop, not
for ecelesiiecatl reasons—if this be true, it can never be
acceded (Ileasr.)—The framers of this Bill gat it up
with great secrecy—,-; was kept as compact as possible
until it got into the hand's of the law officers, and there it
Dozed out a little ; but the moitia4C it reached the Bishops
—the Bishops ladies got at the secrk7, Am; the ladies told it
to their cousins as a great one. (Laughter.l And I now
have the fact on the authority of a near connectiorl of one
of the Protestant Bishops. (Cheers.) The Courier,. at
the instance of the Administration, mey at the present
moment deny thie ; but I am convinced and positive of the
fact, and that even now means are taking to carry the
bill through both Houses of Parliament. (Hear.) The
Brunswick party are left in the lurch—(laughter)—what
now becomes of the creatures who meet at the Crooked
Building here below—what becomes of Aby Baby
King and his cry of "no surrender ?" (Cheers.) Why,
while they were crying " no surrender ?" it seems the
pass was sold on them. (Laughter.) And there they
are now left like fishes on the strand, when the tide is
out; while here we are, united and determined, and
the cry is, ",no surrender" on our part. (Loud
cheers.) Our consciences as Christians, and as Ca-
tholics, would not be infringed by the freehold wing;
but yet we never would be parties to the injustice
it
would inflict upon the country. Our consciences
are now free, and I tell them that no act of
parliament made our religion-wit was not framed according
&a of parliament shall ever
to any act of parliament, and no
mar it.—(Hear and chew. )—Our religion inadesits way
against the greatest persecution that was ever practised—
that persecution was carried on by the greaterand most
powerful men that ever existed, the Emperors ef Rome, and
yet it trampled over them— the blood of martyrs has 6,,
that religion been shed in Ireland—for three centuries we
litave endured persecution here, and have trampled over
it. They may have a vote in their act of parliament; but
will the Bishops pay more obedience to it than
they did to the pct of parliament which, up to the year
1782, made h a transiS,ortable offence for a Catholic bishop
to be in Ireland—and yet we !sad Catholic bishops in Ireland
then as well as now. It is queste:taable whether it be not
still a transportable offence for a CathotV.:: bishop to be in
Ireland, and I do not know but a good Orange 3:1."P aided
by an Orange judge, might safely decide that it is still
trwsportable offence. The Catholic bishop owes a temporal
allegiance, which he faithfully discharges to the throne;
but be knows of no spiritual allegiance but to God, and the
Church which that God has founded.—(Hear and cheers.)
If we now pull together ; if there be no dissensions amongst
us ; if we stand by the religion and liberties of Ireland,
we will be enabled by the next Session of Parliament, to
out the wings from this Bill of Emancipatiwn, and get the
body through both Houses. Rejecting this Bill, as we
shall do, fur we will enter into no such compromises
(hear).--eve must he certain ef attaining our frill and per-
fect freedom.--(ldear, and cheers,)—Emancipation is now
within our View, host within our reach ;,there is only
one thing that call retard it—disturbaneßs amongst the
people.—(Hear, hear.)—'4lJiteboY associations, secret so-
cieties, and illegal °allot, can aloua keep us back. Let me
have but the people of ire.land twelve months longer peace-
able, well-conducted, avoiding* all illegal aoaietiee, and we
shall have full, free, and unguent:l.rd emencipatia4,_(Hear,
bear, and cheers.)

(From the Limerick Evening Post of Friday.)
IMajor-Gen. Sir 'F. Arbuthnot reviewed the 69th Regi-
ment, at Casticbar, on Friday, and is now engaged in the
inspection of the regimental books, and the barrack ar-
rangements.

•'Che Light company of the 34th Regiment, under the
command of Capt. 'few, has marched from G.rk for
Nlacroom.

On Weinesday, seven Commissariat waggons with
ammunition, under an escort of the 62d Regiment, arrived
in Limerick from Dublin.

A detachment of the 23d Regiin—ent of Infantry has lei
London for Brecon.

- A detachment of the 13th Regiment of Light Dragoons
left London on Wednesday for Chatham.

LAW, INTELLIGENCE.

MOST SINGULAR TRIAL

COURT OF KING'S BENCH, Drc 13.

We published the coNcLuseoN of this very • interesting
Trial in a SECOND and THIRD EDITION, at BLEVE.V

o'cLocr. on SATURDAY NIGHT. The following iY what
did not appear in our FIRST EDITION, together with
Mr. WAEFLY'S REPLY, and- the LORD CHIEF
JUSTICE'S CHARGE at full length. We understand
'that Mr. W.4A-R.tv is going to publish a complete
Report of the 2 'rial immediately.

Continuation of the evidence of Mr. Thomas Callaway.
—I cannot distinguish in-this preparation between the cut
made by the gorget and that made by the knife. I have
seen an appearance produced in the cellular membrane by
the forceps passing between the bladder and the rectum,
but the appearances in those cases and in the one in
question were net similar. In the former there was ex-
travasated blood, and in the latter there was none. The
cellular membrane was dark coloured, which might be
the case without its containing extravasated blood.
The witness was re-examined by Sir Jearee SCA KLETT
as to the use of the brut forceps, -and the witness de-
posed that from the time at which Mr. Cooper used
the bent forceps he (Mr. Callaway) conceived' that Mr.
Cooper must have had the same idea of the difficulty
which was then passing in his head; it was not the simple
operation of cutting which occasioned the delay in per-
forming the operation.
By a Juror.—The operation is always thought to be
difficult when the stone is in the anterior part of the
bladder, but he did not anticipate any extraordinary difficulty
in this case, though the patient was of that weak habit
that he was sot unlikely to sink under a great operation ;
the sound could sot have placed the stone in a position more
difficult to be got at.
Mr. C. A. Key examined—l am the senior surgeon to
Guy's Hospital ; I have been a sus geon since 1812 ; I have
performed 50 or 60 operations in lithotomy myself ; I have
seernMr. Cooper operate several times ; in the operations
Mr. Cooper has performed he has nut lost score than the
I •
average number of patients ; from the description of the
operation, as given by Mr. Callaway, I think it likely that
I should have adopted the same process its was 'adopted by
Mr. B. Cooper. The length of time occupied in the ope- •
ration was no criterion of the skill of the operator.—
Have known causes where, although the stone could be
touched, there was yet great difficulty in extracting it in
consequence of the bladder grasping the. stone. I thick,
from t,' evidence adduced, that the operation was ecientie
fically perform;,;. If any violence had been used, I thiuk
its effects could be disc ovsyed after death. The passage
the cellular membrane would hays been found lacerated,
arid in a rate pf slough, with extravasated blood. I was
present at the post mortem examination, and the cellular
membrane was perfectly sound, and not lacerated. It
the forceps had been introduced with great force into
the prostate gland, it would have shewn the effects of
that force, ,hut no such effects were visible after'
death. The wound presented the appearance of a fair
section into the neck of tho lai'-;;el4ee through the prostate
gland. The cutting gOrget was, I thinis en instrument
' applicable to else circumstances of • the case, but think a
knife would havearsaFeeed the purpose equally well. It is
in ort4, very few cases accartlipg to my experience, that the
bladder can hi Mched by the finger; but it is desirable to
do so if possible. I b4d some conversation with Air.
kambert in the square of the Hospital. Mr. Lambert
said, -I! Your straight staff will never feub se deep pe-
rineum." " Sir, you know nothing about it, having
never performed ikst operation yourself." The staff will
inswer as well with a dfs,7,,?s with as a shallow one. I told
him if he thought this perineum 4,vep, I bad operated upon
one twice es deep. Not having seen the perineum during
life, I could gin no opinion as to its depth, aaci di.d not
thkrefore say that it sass a deep one. Mr. B. Cooper', in
his operat,itins, has 'seldom egreeded the average time. I have
tied the stibodeeitlite Artery etvice. 4 is, when tied in cases of
aneurism, one of dsa roost diffieult opergiops in surgery,
but when there is no disease to .opeAticw is easy enough.
It requires great skill, great preAnce 9f ;1%4 great
emeee,"eelee of anatomy to perform such an operation. Y,
assisted Mr. ,B. Cooper in performing this operation, nail
I never saw ev, ;;otter performed in my life. It was for
aneurism. I never sag, Yr- B. Cooper lose his presence
of mind upon any occasion: I consider him to be a good
and skilful surgeon.
Croseeeramined—l saw in the _Lanett s 11150 a of the •
tying of the stabclavian artery.
Sir JAMES SCARL=T—My Lord, there was such 6
report, in which Mr. C. was spoken of very handsomely ;
that was prior to the quarrel between Mr. Lambert and
Mr. Cooper at the dinner.
- Mr. Wakely—Was that report prior or subsequent to the
dinner? Witness—lt was subsequent to it, most cette44.
I object to the use of the gorget before au opening is made
into the bladder, because then is considerable degree of
force must be used ; but after an opening has been made
into the bladder, my objection will certainly not apply,—
rhave operated between 50 or 60 flaws ; 40 of these were
at Guy's Hospital ; I lost only three patients. With
justice to Mr. Cooper, I ought to say that the major part
of thew 40 were young patients; Ms. Cooper performed
about twelve Limes at the hospital, but as 14'.c not keep an
account of his paee'veets, I cannot tell-how many oe them
died. I use as mossy instruments in the 'kilotons/
operations as I may find neeeeeery fur extracting the stone,
sometimes three, sometimes more. if the bladder cone
tracts it may bold the stone in contact w.th it. I think
had • performed about three operations efore I
my work on lithotomy. In the case ies
whiela Mr. Bransby cooper tieii gee subelavian artery,
the patient 'ultimately died, but I thirrie „that he died
snore from diseanethan from the operation itself—Le death
was occasioned by suppuration below the ligature. Nei,
ther in the operations that I have seen, or that I have my-
selfyon
meats sewn.
sea estcsietrihtei
fiseutms:lraigveri,a.mn._.atrattlesrb•yt inied e
performed, havepelr
—inner than it was done by Mr. Cooper. better Coo
science as applied to sufgery ?
I consider Mr. .
What do
I consider that a man is sciens.., C who knows good reasons
for what be does. lam certain
I had no conversa-
sion with Mr. Bran,by Cooper respecting tn.. "f erasion
before the report appeared. I have since that converien
with him, but it was upon immaterial points. I had
never the difficulties of this operation explained to me.
Have you ever sent a contribution to the Lancet?—..
Yes, upon the occasion of the ,separation of St. Thomas
and, Guy's hospitals, I sent an answer to an article which
previously appeared in the Lancet. I saw in the Lancet,
since the operation in question, an article highly praising
Mr. Bransby Cooper, and undoubtedly it in my belief
that I expressed my approval of that article.
Mr. Joseph Laundry, examined by Sir JAMES Seals-
LETT—I held the instruments for Mr. Cooper whilst
he
.was performing the operation. I have tvitnessed
. lalmost all the operations of St. Thoinas and
Guy's -Hospitals for the last thirty years, and have
DER n.y.----A most importaitt Protestant f lieu Sir Astley Cooper and Mr. Cline perform
County Meeting was held at Derry, on Thursday se'nnigot, several times. Some operations of the description now
for the purpose of petitioning Parliament against granting.' under consideration have lasted its long. The most tedious
further concessions Roman Catholics. The
High Sheriff
ions I ever saw was- by Mr. Cline, surgeon, it lasted an
to
ro and forty minutes ; the stone was ultimately ex-
was iti the Chair, and theprineipal speakers were, the Bev.
Spencer Kiser:, Ilessee. Georec Hill, and Barre Beresford. .aote.d. I have seen the operation last an hour, but
nc
often; cage by Sir Astley tweed an hour, it was at
—Stat. of Br torsie;r.k. the hospital.
On opening the head of Lord Liverpool, a cross-examined by the defendant.---I am ant a surgeon,
portion of the brain was feala4"Cts with a portion of eeeter lam an instrument-maker, and do not kr-tete the causes of
suffused over it.. A part of one 4. the internal iliac veins the delay in the cases that lasted an hour.
was found ossified to tlee extent, of as, inch, so that the Ire. ("igalin, a Quaker, examined by Sir J. SCAR-
cavity was obliterated. The liver was quite coond, though eerr.--1 ant Professor of Morbid Anatomy at Guy's Hoe-
coins of the face:lry had poeseseeee eteenyitc_4-4,iichw pita', I eleisild elliss;st that the perineum of the deceased,
,Fewer. from his size, must have been deep. From the appear
•

v

ante of the parts, I was aware of no other Wound, except
one from the external surface into the bladder—there tens
none between the bladder and the rectum. The kid-
neys, -as is generally the case in subjects of that nature,
were mottled with white spots. I should certainly have
seen it, if there had been any wound between the bladder
and rectum. I cannot say that the sound passed any where
but into the bladder. After I removed the parts they were
put away, and J. Lambert asked to see them, lor one of my
assistants took them down for him, I went away ;
afterwards James Lambert shelved me a passage be-
tween the bladder and the rectum, and as I had not
seen the passage before, I taxed him with making
it. • He had his finger in the passage when he
chewed it to me. If that had been made recently before
death there would be an extravasation of blood. It is my
firm conviction that it was made after death. From my
knowledge of Mr. Cooper I look on him as a very fair
Surgeon and a good anatomist.
Cross-examined—l read or heard the report of the post
mortem examination in the Lancet read, and it was cor-
rect as it appeared at the examination, except so far as re-
garded the passage between the rectum and the bladder•.
Mr. Brodie, examined by Mr. Po:Amex—l have re-
peatedly conversed with the plaintiff on surgical subjeets,
and conceive him a very intelligent surgeon. I heard Mr.
Callaway's account of the operation, and I think
that it must have been difficult. I think that
Mr. Cooper performed it skilfully. But I have
never seen that gentleman perform any operation.—
I have repeatedly performed the operation ot lithotomy,
and it varies in its circumstances more than any other;
the use of a great number of instruments indicates the dif-
ficulty of the case.
Cross-examined—l attended a meeting at the Free-
masons' Tavern, composed of the lecturers at several
hospitals, and it was considered that we had all a common
cause against the Lancet. I paid part of the expences of
the second application to the Court of Chancery, Ibr an in-
junction to restrain the publication of Mr. Abernethy's Lec-
tures. I have subscribed to enable a man to set up an op-
sition journal to the Lancet, but since that I have known
nothing of it.
Re-examined—lt appeared to me to be a great grievance
to have the lectures published, because they were published
incorrectly, and brought great discredit on those whose
lectures were published.
Mr. Travers—l have been in practice 20 years, and I
have been in the profession since 1800 ; I have heard the
evidence of Mr. Callaway, as to the operation, and I have
heard of no circumstance which could impeach the skill of
the operator. I think the operator is the best judge
as to the instrument which ought to be used. The
length of time is no criterion of the skill of the opera-
tor. lam acquainted with Mr. Cooper, and think that
he is an ingenious and intelligent surgeon, and fit for the
situation he holds as surgeoh of Guy's Hospital. There
are often cases of lithotomy which for a long time
baffle the skill of the best operator, and I conceive
the case in question to ben one of that description.
I have had conversations at -Saint Thomas's Hospital
nn the subject of the Lancet. Tlie`surgeons met together
upon the subject. I was not present at any difference of
opinion between Mr. Lambert and Mr. Cooper. I have
read the report in the Lancet, and I do not consider it to
be a fair or a professional account of the operation.
Cross-examined--I (lid not witness either the operation
or the post mortem examination. I have performed the
operation twice where there was no stone, although the
patient had previously all the synrptonts, which ceased
after the operation. He had the opinions of four other
surgeons as to the existence of the complaint before he per-
formed the operation.
Re-examined—lf I had never heard of the report I
should, on reading it, blush for the person who had made
such a report.
Mr. Green was next examined—l ant the nephew of
the late Mr. Cline, and hate been for eight years sur-
geon to St. Thomas's Hospital, I have often performed
the operation of lithotomy, and inn reputed to be very
successful. I witnessed one capital operation by Mr.
Bransby Cooper, which he performed admirably well.
The operation was that of tying the external iliac artery,
which, for skill, is somewhat like putting a ligature on the
subelavian artery. From Mr. Callaway's description of
the operation I think it was skilfully conducted, and
I should conceive it to have been ;; case of great difficulty ;
the length of time is of itself no criterion of the skill of the
operator ; the most skilful surgeon Might have occupied
the same time, and yet the result have been equally fatal.
Cross-examined—lt requires great anatomical knowledge
to tie the iliac artery. I was at the meeting at the Free-
masons' Tavern. Some lectures of ruins at that time had
been published. I contributed to the expenses of the in,
junction.

before the operation. If the bladder were full of water the
stone would have,been easily struck.
'Mr. Wakely—What is the danger to be guarded against
in the operation of lithotomy ?
Sir Astley Cooper-i--The chief danger to be guarded
against is violence.
Mr. Wakely—Supposing the stone to he felt, but en-
veloped iu the folds of the bladder, Would not the more
prudent, course be, alter having' vainly, tried for tin minutes
to extract it, to place the patient in hia bed again ?
Sir Astley Cooper—l should certainly think riot, if the
stone could he felt. I❑ that case the surgeon should per-
severe until he got it away.
Mr. Wakely—Have you not read Celsus, Sir Astley ?
—(Laughter.)--Sir Astley—l have dipped into Celsus,
but I do not consider Celsus as a good surgical authority,
although he is a classical one.—(Mitch laughter.)
Mr. Wakely—To not the practice iu Edinburgh' and
Paris to put die patient to • lied in such cases as I have
supposed ?

Sir Astley Cooper—l .have studied in - Edinburgh, and
I have witnessed operations of lithotomy in Paris, but I
never eaw such a practice resorted to.
Mr. Wakely—How long may the contraction, of the
bladder continue? •

Sir Astley—lt might last an hpur. I Will give you an
example—l went into tbe- .theatre at St.' Thomas's
Hospital, when an operation Of lithotomy was being
performed by a gentleman who is now in Court. It was one
of great difficulty. The stone was enveloped in the folds of the
bladder, so that the point of it only could be felt. After
nearly the lapse of an hour, be passed the instrument be-
tw,Tri the stone and the bladder ; but the contraction still
continued

Mr. Wakely—Wbat evil could result by placing the pa.
tient in bed until the contraction was over ?

Sir Astley—Just this—What you would not like—You
would have. two operations instead of one to perform.—
(Laughter.) If the stone was felt, the surgeon ought to
persevere.

Mr. Wakely—Why is it more difficult to introduce,
the finger after death than before ?
Sir Astley—lf you had ever put your finger into the blad-
der of a living subject you would know the difference. By
putting your finger into the bladder of the dead subject,
you would have known as much of the difficulty of this
case as you now do of what is passing in the moon.—
(Much laughter,)

Re-examined by Sir J. SCARLETT—My nephew was a
surgeon in the army, and he was my demonstrator of ana-
tomy. He gave great satisfaction to me ; and the
students were so gratified with the dearness of his leetures
that they felt pleased than a Luau who had so easy a method
of communicating knowledge should be placed in a situ-
ation where he would have the means of conveying it.
Mr. Dalrymple, the surgeon of the Norwich Hospital,
deposed to the celebrity of that Hospital for its operations
in lithetomy, and he had himself performed the operation
not less than seventy-six times. Had heard )Jr. Callaway's
description of the operation, and saw from that description
no indication of want of skill on the part of the operator.
Has often had similar difficulties, and ha.s always a greater
number of instruments than those that were mentioned as
employed by Mr. Cooper. Believes Mr. Cooper well quali-
fied to fill the situation of hospital surgeon. Had himself
the nah,fortune to have a case where the stone was so large
that it could not he removed, and in three hours the pa-
tient died.

Cro,s.exatnined—ln that ease the stone weighed over
fieurteen ounces.

Mr. Watson examined—l am *eoretary to the Cant
of Examiners of the Apothecaries' Company; the young
maw, Clapham, did come to he examined, in order to ob-
tain his certificate. I have an affidavit of John Clapham,
to the effect that he was 21 years of age on the 21st
of April, 1828. This affidavit was necessary, in order
that he should get his license to be examined. This affi..
davit was sworn at a Police-office in Middlesex. I don't
know that Mr. Lamlert did more than give a certificate of
the moral character of Clapham.
Sir JAMES geARISTT-That is my Me.

THE REPLY.

After the evidence was concluded Mr. Wakely rote to
reply, and expressed himself as follows :
May it please your Lordship, Gentlemen of the
Jury—At the commencement of this cause yesterday many
of you heard it insinuated by the Learned Gentleman to
whom I am opposed, that my case in all probability would
break down upon some plea not being substantiated, and
that there would be a difficulty probably in the way of the
Learned Gentleman's bringing forward his witnesses to
prove the high and exalted character, and the extraor-
traordinary skill of Mr. Bransby Cooper ! At that time
I took the opportunity of suggesting to the Learned Gen-
tleman, that he need be under no apprehension on that.
head, because I felt fully assured I should be enabled per-
fectly to complete the case with which I had set nut, and
to answer every charge 1 had made in the declaration.
Gentlemen, from the course which the Learned Gentlemen
has pursued to day, I fear that I shall be under the necessity
of occupying a much greater portion of your time, though
it is now so late, than will be agreeable to me, or will be
agreeable to you. But it seems that this attack, which was
first made on Bransby Cooper, is now made an attack
upon myself; and really, from the description of the
Learned Gentleman given of myself, you must have re-
garded the work as the most infamous, and me as too de-
testable to be tolerated in any society. I was charged as a
robber—l was denounced as a literary pirate,--in fact,
there was scarcely any epithet which the Learned Gentle-
man could apply that he has not applied to my character.
Gentlemen-4t was stated to you, again and again, that
I had entered the lecture-room and plundered the leCturers
of their property,—and that I was employing a set of men
who were almost the outcast of the profession, to use
means which could not be recognized in any country where
honour existed, with a view to emolument on my part,
that I might live in luxury in a splendid establishment, and
that I might roll through the streets in my carriage and
laugh—laugh at those whom I had plundered. Gentle-
men—if I have acted in this way, I hope you will
show, by your verdict this day, that you as much
disapprove of such conduct as Sir James Scar-
lett does. But, on the other hand, if I show you first
that all these accusations are unfounded, and if I show you
secondly that Mr. Bransby Cooper has not answered any one
of the charges l have brought against him, then, Gentle-
men, shall I lay claim t 9 your verdict; and in fact I do net
see how it is possible, with the evidence before you, you
can return a verdict for the plaintiff. It is impossible for
me to say whether Sir James Scarlett has made these accit-
whip' against me from report, or from the instructions
that he kol received from his client : if from report, I
should consider that the Leasoed, Gentleman has acted
most indiscreetly ; and if from the instroctiona of his ehent,
I think the Learned Gentleman's client must have shown a
still greater want of that discretion which ought to have
bests displayed; because his client knows, at all events, that
every accpatrZion b has made with respect to the lectures
13 totally without foundation.
Erom the commencement of my Journal, I have advo-
cated the right of publishing the lectures of pnblic teaeliera,
but f have never advocated the tight of publishing th- lecs
tures of priwa:a teachers, op of going to any private
places of instruction with the view pf converting to my
use the literary labours of others. Now, Gantlet/Ipr), wln;
lectures have I published? Those that have been delivered
in St. Thomas's Hospital, which is a public institution—
thr,sc, which have been delivered in St. Bartholomew's
Hospital; Which is a institution. In the one case
I had the permission of Sir As lei; ;;rtper to publish his
lectures—in the other case, it is true, I haul dot the per-:
mission of Mr. Abernethy, but a Court of Equity acceded
to ma 14; right. I maintained my right in the Court of
aancery, day after day, and week after week; not upon
any le of technicality, not upon any ns.ltry 'inbterfoge, but
upon the groUnd of Oldie expedientiv, upon the ground
ct ribi;y utility, upon the ground that public servant,
wherever tkey Fit.re'seged, were ptiblie property, and that
we had a rigia to he aevaiore!l With their actions. Mr.
Abernethy resisted the ciatul i be Fec,4,e4 she Fptetnt4 that
I made to lay his lecture !refine the public, silsr ini4teti lo
that ,6,6tance by the very individuals who have come
into the witnemi-box to-day to swear to the abilities of
Bransby Cooper—inee are the very individuals who have
subscribed to crush rue and the ..r...l)iret in the Lancet's
intapcy how tlipy have succeeded is hest known to my-
self' ari>f the thq have only been bye-words at
all events with the libel's.] liar,' or tyie'profe4ou trams Plat
JlOlll% I have, it is true; Plihiisrwil lac leOedre4 of other
teachers ; and in every instanee where I have antic so, Pr
.* te teachers, I have had their permission. gig leas
private
turns, I believe, of Mr. Green's, on the Diseases of the. Eye,
wet•*published from the Theatre of St. Thomas's Hospital,
.
lut 901 they weie tlelivered there in Sir Astley Cooper'a
coarse Piaiths.he 45 coiieet in stating that five of
these lectures were
,very inaccurate'," bat thst 0,4)1' ay::::
per fectly correct—the inaccuracy. arose 'Mon
Blt the lectures taken at St. Thomas'i Hospibil were so area-
rat, y 0,1414 E 4?
,11,4,t Mr. Abernethy made an affidavit whiCh
presented to the siv;;;‘)ll:lllert;o3li7iri.
e
itahla,ite,thaesYli‘everad tadelivered
ken Wed €or you;d, and
them. Now, what
tholomew's Hospital ? Is it not public property ? Have
the public not a right to it? They base no right there to
tdose the doors against the public, And to allow nothing
but ,/ hole and corner" proceedings. It was a practice
I bad iii,b.‘!:ded to retist—it is a practice I have resisted
with a estcoOP 1.1•8 1;0?,,..,c,t4/O believe to the profession as

Re-examined—The lectures were incorrectly published
only one of them-was free from misrepresentation.

Dr. Babington was next called and examined by Mr.
Ppt,Lechc—l knew the plaintiff well, and had had con.

versations with him upon anatomical subjects, with which
he seemed to be perfectly acquainted. The best proof of
my conviction of his skill is that I have placed my youngest
son under him as an apprentice.
Cross-examined.—The apprentices to the surgeons of
the hospital -have all their advantages in common. It
makes no difference what surgeon they are placed under as
to the knowledge they may have an opportunity of ac-
quiring.

Dr. Roget examined—...l have had many opportunities
of witnessing Mr. Cooper's practice, and I think that he
is a skilful and judicious surgeon. I have read this report,
and think that no medical man ought to have written such
a report,. _ _ _

Cross-exam:ned-A have never witnessed Mr Cooper
perform a capital operation, Those on which I met him
were ones of minor importance.

Mr. Morgan was next examined, and gave similar tes-
timony as to Mr. Coopar's abilities.
Thig witness was not cross-examined.
Mr. lii4ou examinen....l was a pupil at St. Thomas's,
and I an) now a4-sistant,demonstrator. I was at the post
mortem examination, and could flat reach the bladder With

my finger. I did not witness the operation.
Sir A. Cooper—l was supcsnaed by the defendant, and
I heard the account given by Mr. Harrison of the educe-
;l,l4 if Mr. Bransby Cooper. That account was per-.
Lefty orrepi, Mr. B. Cooper had been in my bouse,and
had continual owortimities of witnessing my practice.
He had opportunities of e;:cperience at Salamanca, Thou-
louse, and Vittoria, and afterwards it? Canada,l sub-

sequently took him as an apprentice, not conceiyitig that
the syccies of practice he had witnessed, was the most pi:c-
per tor ay. hpspital. The plan of placing him as surgeon of
the hospital was rcpt mine, but if I thought that he was
not fit for the situation, qbould most certainly have
opposed his al.,.pointruent. In my pFaOce I have often
ea at him as my substitute, which I should n:-1 have
done if 14irI r..9t think him competent. Mr. Bransr”,
Cooper when be tit went to the 16pit.al wad

a good anatomist, and a very gr,,Gd surgeon, taut he wanted

. . .
experience in hospital practice. Still y yom man most
put be crushed in the outset, or the country will ho
depiivq.fj perhaps first rate abilities. The difficulty in
the present cr.Ky was, that the stone was enveloped in
the folds of the bla4der3, which did not let go its
hold of it until the man 'fiequn, very considerably ex-
hausted, and then it dropped, so th'at the o;ai7ht forceps
could patch it. With respect to time, it was not to .e at
all considered
..5s a criterion of skill. The stone was snuff,

and it should be knnyin, that it was the small stones which

ga,used the difficulty, pecause they were often enfolded in
the bl4lll.ler. No man could be a iudg: of the opera-

. . . . .
tion, unlesa he hr.,4 performed it, and no man c;;ld
judge of the indivirin3i ea,pe unleas .t. was the'performer.
I have been 25 yearn in .pi.:e'Oct9? 41Jd I Lace 0o"
year performed the operation of litboOpw J 8 ,titnel.
should think it unkind to form an opinion rf the 4il; dig,
played in a cue without communicating with the operatOr,
for I should be loth to destroy the character of another

man, and untvile, because that opinion could scarcely be

COM. -.lined by Mr. Wakely—Sir Astley, have you
sd surgeon ought to be like a good Ge-
never said that a goy._
neral, that he should wade
to the neck in blood ? Have
you not. said so in your lectures to yo:P -tipy.„
Sir A. Cooper—l don't know, I may hivb
sometimes fond of using strong expressions. I liKe,
short, to be understood. (Great laughter.) I Ildok
it one of the greatest evils that a man should be attacised
in early life ; and that he should be crushed, be-
cause he happened to have o4e misfortune, however
capable he might be to practice in his profession., It is a
power which 1 think the public press ought not to 4a;ie,
—(Laughter.)
Mr. Wakely—Sir Astley, do you not think that the
interests of the public would be best consulted by having
men of experience appointed as surgeons to the Hospitals,
and not to appoint them for the purpose of acq4i44g .ex-
perience ?
Sir Astley—l think that every hospital ought to have
an ass;stant-surgeon
• who would thereby be prepared fur
the situation which he would subsequently hold. - I
Mr. Wakely—Was 111 r. 13ranshy
Cooper un assistant
.before he became surgeon ?
Sir Astley Cooper.—No, be
was
adopt in ail of them. he a good regulation to
not ; but I think it w0„.14
Mr. Wakely—What was the particular difficti)ty in thip
case? Sir A. Cooper—There was so little water in the
bladder that this man must have made water immediately

~ ..

'ti:

•_

.~

`_
.t ..

it has been to the public. Now with respect to the other lec• f any man, or any set of men, to convert that lustitutioa tures,which were lectures ofDr. Armstrong, Mr. Lawrence, , a mere School of Anatomy and Surgery, and to overflies
Dr. Clutterbuck, Dr. Spurzheim, and• others; they were the wards of the hospital with pupils by making the MO
all published with, the consent of the lecturers, and I stated calculated to exclude teaching in county hospitals, so's'
that in the first number of the present volume, with a view to make the wards of this hospital a mere nuisance to tb•,.!
that the public might know exactly how the thing stood; puor, instead of a place of peace and quiet and safer' '
with your permission I ,shall read that part of the number, Who will contend for it ? I cannot believe that. any perms .
it is exceedingly short, I cannot lay, my band upon it just in this Court possessing even common feriae, Icannot believe ,
time, but I am sully Sir James Scarlett has been entirely i that any.of you will be found to say that you:are satisfieil,
deceived on this subject. There must have been some gross such a practice should be t'telerattidin 'this
,or any other
misrepresentation made to him
.upon it, You• have bad country. Yet you have heard it is
'done hete,. you kite'
no evidence tendered to you that those lectures it is done, and you have the eviderice of Sir-Attley Cooper''
'had been stolen, and yet at the very onset of Sir himself, proving it to be so.
s
James Scaelett's speech, it was put to you that nothing Gentletnen, I expected from the onset that olais.ol,
would give me greater satisfaction than that I should be a case of so much importance, and that so many interest%o
able to destroy the authors of the Lectures ; but, Gentle- were involved in it to persons respecting whom it -hoe-
►
men, nothing would lessen the character of an author so cerried, that I trusted Sir Jetties Scarlett would not throe much, or he so calculated to injure a work, as unfounded legal technicalities in my way, and in that I have not bee,
aspersions, or to publish statements that are incorrect.-- disappointed. Sir J. Scarlett, excepting the attack he made.
Having said so much on the doctrine of Lectures, I shall upon my character this slay, has conducted himself, now come to the immediate subject of this case more parti- towards me with the greatest urbanity ; ansi considering* ,
milady ; and certainly it appears to me the proceedings of that lam altogether inexperienced in courts of law, I feel
this day are the most peculiar that ever took place in a that I have received very great indulgence from •him, for
Court of Justice, In feet, they are so extraordinary that I fear that I have given him a great deal of trouble.
I cannot—l cannot by possibility, find words to express the When a gentleman, Mr. Harrison, was willed open; t°
astonishment I feel, after the boasting and vanity of yes- state if the testimonials of Mr. Bransby Cooper were pro'
terday morning, and after the boasting and vanity of this duced when he was elected to the office of surgeon to GIO)
morning. Why, Gentlemen, if it was true that this re- Hospital, that gentleman stated it was not necessary, for
port was a fabrication froth beginning to end—that it ori- that he bad always been under their own ginated in nothing but malice—that it had its foundation in fact, that the whole house were disposed to elect a private quarrel between Mrs Lambert and Mr. Bransby hint. What he meant by the whole house I do.Ol'
Cooper--and, in fact, that the operation, as reported in the know ;—whether he meant the bricks and mottle Lancet, Was a supposed—merely a supposed operation— of which the building is composed, whether he meant the
what are the facts? From one of the plaintiff's own wit- nurses in it, or whether he meant some other materials 11'h! nesses you have heard that there were present nearly 200 inanimate, it is impossible for me to know ; but it is a
soli individuals,—l believe there were more. How many curious fact, that when the appointment of Mr. Bransby gentlemen have come forward—how many of the spectators Cooper took place, Sir Astley Cooper was appointed con- '.
of that operation—how many have come forward to suiting surgeon, and Mr. Callaway assistant-surgeon at the
speak to the inaccuracy of the report—how many, I say? very same tissue. John Hunter used to say, that bad sur-
Out of 200 spectators—one; a solitary one! Why, it goons were like had carpenters—that they made work one
speaks more, that one fact carries with it more than I for another, and that good surgeons in fact would sterile
could communicate to you in a month. What, not with if it were not for unskilful .ones.—(Laughter.)—lt seem.
all Mr. Bransby Cooper's influence, not with all his power that John Hunter's axiom found its way into Guy's
at Guy's Hospital, not able to produce but one witness ? Hospital, for presuming on what the operations ett
And who have come forward to speak to the inaccuracy of Bransby Cooper would be, it was thought necessary to elect. the Report ? Gentlemen from St. Georges's Hospital, a consulting surgeon and an assistant surgeon at the game
Sir Astley Cooper, from Conduit-street, Dr. Babington, time, to do the additional work. (Continuedlaughten)
fienn Aldersuanbury, and I cannot conceive why they I really can give no other explanation whatever on the
have not also brought forward the Emperor of China three appointments on the same day ; because the surgeon°.
and the Great Mogul.--fßoars of laughter.)---It is the were young men, the contemporaries of Mr. Bransby"
grossest insult ever offered to a Jury, or that ever was ex- Cooper were young men, and when there were two 00 :A
hibited either in this or in any other Court ! AreyoU to men, and one young man, there was no assistant surgeon,
be so blinded, so deceived, so duped, as to be made to no consulting surgeon. Therefore taking all the circuit's .
believe' that this operation was a supposed operation, and stances into consideration, viewing. it simply as a matte ,
that the report I have published is an incorrect report, when between BransbyCooper and the Governors of Guy's. Hospitals
only one witness out of two hundred comes forward to and not as a matter between the public and Guy's Hospital,
attest its inaceuracy? Why, I never heard,—l never you must perceive, you must believe, and you can come to 'g
heard of a proceeding so extraordinary ! I never saw no other conclusion whatever, that it was entirely owing ,
a proceeding which at all could be considered as coin- to the relationship in which Mr. Bransby Cooper stood ate
ing within the bounds of probability when compared Guy's Hospital that he was elected to the office of surgeon '0
with this. I knew, Gentlemen, when I made my elec- there. In the absence of all testimonials, would he eye )
tion to conduct thy own cause, I should lose the' have been in that office had he not been related to Sir
benefit of two most able speeches, and the support Astley Cooper? It is a question which I wish you all to
Of two most able advocates, from the rule of the Court and ask yourselves ; and, having once asked yourselves the',"
etiquette of the bar. I also knew, in making my election, question, lam certain that I deall be perfectly well satin
that I should he opposed to a gentleman of unrivalled legal tied with the answer you will give.
learning, and unrivalled ingenuity ; hut I must confess, Something has been said relative to advertisers:teats. Ob, •
after having heard so much of that gentleman's talent, I slid it could not satisfy rue, or please Isle, unless Advertisements
not, I could not, expect that he would have made such were inserted—unless Advertisements were sent to the
declarations as he slid this morning, and at the same time Lancet, or some other Newspaper or Journal. Gentle-
know it was not in his power to rouse forward and sub- men, it is considered, and I have always heard it said, that '
stautiate scarcely a single thing he said. The loan was repre- you have a greater chance of getting men of talent front • boatel as coining from Lewes, in Sussex, and that it was a large number of individuals than from a small number;
difficult case ; the surgeons of Lewes could nut operate and I think that the offices in Guy's Hospital would be'
upon him, arid consequently he was sent to London to be much better filled if the profession generally knew when
under the skilful treatineot of Mr. Bransby Cooper, at those offices became vacant, that men of talent, ability, and' t
Guy's Hospital. Have the surgeoas. of Lewes come for- industry, might have an opportunity of coming forward to
14
ward to make any such statement ? Have they said there offer themselves as candidates to fill those offices ; men of Cie ~1
was any thing extraordinary in the case before the opera- perience and men of learning--men who bad not to learn
,1
tiou was began ? Nothing of the kind—no such evidence their profession, and to learn it upon the misfortune of, a
has been adduced, and consequently that declaration, like their fellow-beings, but men who had acquired a knowledge.'
many others, has, in point of fact, no foundation whatever. of it by a regular comae of study, and who would mother*
Sir Jas. Scarlett spoke of the taste with which my work with all the plenitude of iuformation and the fullest hotel- *'•
was conducted, and spoke of the utter want of feel- 'actual powers. We all know that when iudividuals ate
ing that must have characterised my conduct in stimulated by the prospect of office they become more
giving currency to this report. Sir James Scarlett dustrious, more anxious to qualify themselves for the din
spoke of the hireling Lambert, employed at eight guineas a charge of the duties.of their profession, in the hope of at-
month to send me communications ; but Sir James Scar- mining the highest situation, the greatest quantity of ertme
lett forgot that he himself was acting for hire. Gentle- !mow, and the largest share of honour; hot hew
men we ate all hired, we all work for lucre, and Sir James can such a thing exist with respect to Guy'a Hospital,'
Scarlett has worked for lucre, and is working for lucre as if such a course of proceeding is continued which is practieed
well as I have and as well as Lambert has.--( Laughter.) there ! It eau never happen—never can there be such offi-
Yois have heard, Gentlemen, the name of Bat men- sere, as if they were elected from the great body of the ale.
tioned. It has been states! that there must be a great ducal profession. I wish, now, Gentlemen, to direct your
want of taste, a great want of propriety in my conduct, attention nowe particularly to the facts of tots case--be-
in using such a term. But if Sir J, Scarlett had studied cause, if those facts remain uneontrudicted, then, I be-
zoology, he would have found that the word is exceedingly lieve, that the conclusion which I have arrived at will he
accurate when applied to the description of beings to whom arrived at by every one of you,—(Mr. Wakely became
it is applied, and I have no doubt that it will be retained now so exhausted, as to be under the- necessity of '
as unanswerable in future times. If we have Mists in withdrawing for a few minutes into the open
the political state; why should we not have Bats in the On his return he resumed :)—Gentlemen, I have..
surgical ? lam sure that hospital surgeons are just as much, to apologise for this short interruption I have °pea-.
or much more, like bats, than Sir James Scarlett is like slimed; but really I am so exhausted front the beat'
sour milk—(l3iirsts of laughter)—and yet that is what to that lam almost incapable-of speaking, as well as from this
meant by the term Whig. The conduct of hospital two days' great anxiety I have laboured under, I believe
surgeons warrants the application of the term to them. when I left the Court, I had just been speaking of the Jr
Bats belong to the claws rnammalia; they live in the sence of the person on behalf of the plaintiff who had with)
dark, they
_suckle their young, they live in creaks and nesscd this operation ; and I believe, if Sir James Scarlet. j
crevices of old walls, hospitals, and dungeons, thriving bad opened this case, as he wished to have done, yestersithr
and fattening on their own species, and I fear that it is too morning, that I should not have called a single Whims °.
frequently the case, that hospital surgeons thrive and fatten for I am convinced I could fully have substantiated
tt
in the same manner on their fellow creatures, case from his -witnesses, and from them
•Gentlemen, when I opened my case yesterday morning As to the technicalities of the pleas, I hope, in 'hi 't was
I told you I had every reason to believe, beforel pub- case of this kind, they will lie considered entire', one
lished the report which you have heard read, and which is Out of the question. Bransby Corner charges we' 1.7 a t
incorporated in the declaration, that it was true ; with having falsely and maliciously injured him by the is 11.:"ath
you heard me state, therefore, that I had every publication of a report of an operation which is altogether. ('''ltt Jeudi
reason then te believe it was true, I now believe unfounded. Hflisominjtuhrayt,rethpeonrth;mwuestmhtatsvteettoloisefion;
otufrhiteohmo,:.;sl44 P
I del
report, and if the balance of testimony he' 141 t'
everyit i o
reasontrue, aanisdo
toI bbeel evee- e ,
it Gisentrtlueem. en,ut!ieatwiytonehisshegavle
estursitattilynetdoatnhye,
have placed in the box, and who were spectators of that in my favour, beyond all question I am eatitled troyour eh' ttl ts
horrid scene, have given evidence which remains un- verdict, Now, Gentlemen, ask yourvelves--deliberatell I:ee 0
touched—wholly uncontradicted. I do not know of a ask yourselves, if it can be possible that that report is in-Vt
'Lk"
single fact represented in the report that has been refuted. correct, when only one individual out of two hundredji soar
Ido not know of a single statemerat made in the report spectators of the' operation comes forward to deny its CYri an
that has been proved to be false. The evidence of Mr. accuraey ? And I beg of you to remember the it; .be
Bolton, of Mr. Partridge, of Mm. Thomas, of Mr. Pearl, of manner in which its accuracy was depied even by that one'l," th;tlini
Mr. Gilbert, and of Mr. Lambert, remains uncontradict- witness, at first indeed denied, but subsequently he did not'l 1:14 the
ed. Mr. Clapham's evidence Ido not name, in con- deny its accuracy in any tole material part. Mr. Callaway, Cgites
sequence of the circumstance which has now trans- adltlittod that the knives had been used, that the gorget hat" ctt2ho t
pired, and the exhibition that has just taken place.... been used,---I believe even a blunt gerget, Mr Callaway ad-'hie -1:(1 -th
Mr. Clapham I load no knowledge of till
.yesterday ; I ;pitied had been used. CC
, •
never saw him till yesterday;, I never spoke to him LORD CHIEF JUSTICE-He said he thought it was not J. e tifitht
till then; and though such attacks have been made he did riot think it was; be did not know, but he htlitystk
gi: :410 n,43. •on the character of my witnesses, thouh so much has it was not. d
been said of what took place out of Court respecting lee- Mr. wakely_Repli,d, very well, he believed it woe te O'lT tires that have been give's, yet, out of maitre witnesses I have - not ; all the stars, and sounds, and forceps, inentivah h, ojttlht
placed in the boo, never saw five of then), no ever spoke ed in the Report, were feted. He would not swear the' a' hal' to five of them, till yesterday. If there be deserepaoey in operation did not last an hour, but he believed it hatted ;1 Ltt*orld
their evidence, with regard 'to the manner its which about fifty minutes. The preparation, Gentlemen, of the• te Woo
the instruments were toed, who can be surprised parts taken from the untortonate map's body have been ',l groan
at that circumstance, when you 14„ye beard • from produced in Cow, bare not, certainly, had a very faith mg
the month of every witnese the state of m 41441011 opportnnity of inspectiog them, bat as for at I teosold judgatie. ,sae fi
in which the operator was when operating? linty is it there was oat les any part of that peeporation, either agile' ot tt:eto possible that the witnesses could rerperpfior what was Ms- bladder or the passage leading to it, the slightest reason' ot and
ing, when it has been roved to yoo that the operator hint, why any delay should have taken place in the extraction E,t
sowr
li did nnt kpqw wlia; he was doing rihltone kir, of the stone. It is true Sir Astley Cooper has come ;5,11 . riu
Partridge, Mr. lambett, Mr. pearl, and Mr. Gilbert, ward, and very properly came forward, to
wait en he-.O'n vt•
spoke to the foni4sed state of nsiod in which he was. half of hie nephew ; and Sir Astley Cooper has told you the the r,
Mr. Callaway, indeed, 11us opposfil them, and has stated stone was lodged within thy fulo,s of the hf,4le.v, IYLi.k ie. 4it it si
that the operatiou was not so much confused ! When Mr. cowmen thing, and thot in that situation his nephew es- it4l.ltabl
Callaway was asked if the imeretor had yk.4 ferete, Isis eon woe incapahle of 'extracting it. Sir Astley Cooper ad the r taut,
iiression; wao—" thiola pot /noels," or " I thiuk same time considers, and all the other hospital surgeonte..,:
lint more than was neceseary.'' Bht What pat tof the re poet did considered, for it is an interested question with *tie, When
I
'basking
Mr. Callaway prove to be iimorrect? hie evi- they all conatder Mr. Bransby Cooper is, 4 alt4fulinati, yet l':shes a
demure as having weight, even as against '
tyre evidence of while performing the opototion, While' he' had his fingth ats't tleset
five, or,at least of four disinterested spectators, leaving Nr, th, F.1.04.;ate giao, while lie had his forceps in the bladder, ,a. ► stat
Lambert opt of the question, shag tile writer of the while he hod his finger in the bladder, yet this skilful On lie
s• of • to 'see that I • • '
report, and Won. e ,eonrse, what lie operator was incapable of describing why he could not-en- jt ;
had stated would be simpoeted by others, is there a tingle tract the stone, and he made that statement in the preeenht • 1.4 of
fact in the Opoit that you can call to your recollection Mr. of the patient !Do you believe, Gentletueq, that Pt' 9Pera.• `t pause
Calla Way hy his evidericelae Feinted ? Is there one cir- tOr conid have beep in a stale of thirtßossetsion to have de-ling w
enrn-ttglihe? I anises if ti-tp report Was ciirre9t dared, 4} the presence and in the hearing of him into whose • i„tectun
or incorrect, .andle, could clot potlit ot;t ,r other, body fie wag pinning instruments, that he could not ;I(ible.
Ho thought much force was not used, and he thought no deserille the cause of difficult) ; that he could not enter- , )hells be
more force had been used than teas necessary; yet this is tain the cause of difficulty—the patient himself at the same
,t 9 shot,
the case which was to breakdown, and in which the Learned time imploring' to be loosened. Yet in opposition to the ::the t
Gentleman would not have an opportunity of producing patient's cries—in opposition to his repeated entreaties to
,tewas
Isis witnesses to prove the high character of the plaintiff! be unbound—still the operator kept him upon the table,
There is one part of my case, Gentlemen,which appeared and pertinaciously persisted in his attempt to extract
en .
eorrieWhOt whale until oety Itte this evening, and which is the stone, although, from his own statement, he had no it
Mtrpaq Telatirhg to ifdiumme of She Astley Copper -ro h balite chance of eztrectihg thi • o, Itttfe
it; f:44d40, dot., iiff,iii,orqui,a tibseit4r.f but •Sit stiOntinot• gnoWirli 'whPcie the difficulty existed, not ter
Astley grated in 1110 box, that knowing how touch his knowing what part was malformed, because he said 110 . flue pre
interests were concerned, they were anxious to place could not feel it with the forceps, although he could feel it rtl from
Mr. Bransby Cooper in the office of surgeon, and, said with the sound through the urethra, and even when intro' • ,e!?unial,
4t f
Sir Astley, "give him time—let him work his way,
duced through the wound in the perioeimo 'kni
ni -
t! r. have no doubt swill be a most excellent, a most This, Gentlemen, br!rrge Fe to a epos/tent to speak o ',tee
tiffishriesiogerso, t moat hrilli4nt oherato.rr! .0"It isthat What,' 41,14 YdiChaVitt liehrahmuclhbrit"to-dityt of what n'Y the
the ova )' otir' hOspintle are.; to bti voridni:t.ee? ; entninet,•'untsi" have 'been to' have ' published a' repot' ,4tt Idi
that the mode in' which our poor patients are to be treated'? of
this description when I entertain no: enmity to- pet
Firei,that young mid inexperienced men are be placed there wards the luau, and no attempt whatever has been
;,
he learn their profession—not to know it before they get made to sheiv that Ido now entertain the 'slights*'
..hi
4 41Ifish
'ehere, hot tre to eo there to learn it, and learn it upon enmity towards
,Mr. Bransby Comter-h-Ced Lowe too,
tt:i"Rtn ? thit4eth'ah •44, tp4oo fpr 4 broey,, a' retie kettinbOtatillnlekthOthliy tonal, er tit
best and most ecientine practice of surgery as an; inutiletAti in social life duseatnot 'exist than Bransby Cooper ; but , 7.guari
in this /and. For, to whom does Guy's Hospital belong ? not am not here dealing with him in that character, I
inn deal-. how
„
to the Governors, but to the poor, and who are in consequence ing with him as a public futictionary—it is in that aurae; he at tl
of the funds of that Institution title to have, and have a ter I attack him, and Ido attack him as en iticon.meien tted tb
right, to the very best practice that can be obtained, - surgeon' of Guy's Hospital, Weill we have heard much ilme.

t
Ott.While i

ouitt
'for t
r kno

r.[.T ;i,

lad h
ha
nal

L4"-i6l

L°Per—a

')4 the
WOI
11)

`ut it •
4„1
41 rte
If ,
q,
L it

tart.
4,ve
the,

belt)
ilothe
Wtat,
tit ai
of

w
the
evade
Un
I Sill

;i~uct is
iif4
abs
of. th
17ital.
f,„eteive

astituott into
2cl to overcul
king the laso
ispitals, so le
nuance to the
,t and safety'
at any persoe
cannot believe
are satisfied
or env other
41, you Knoll
VStley Cooper

hat .this
aany interest"
horn it cot"
ild not throo
have not been
tack he muds
eted himself

I considering
law, I feel
om him, for
•ouble.
lied upon t°
r were pre'
;eon to Guy''
ieckssat y, fOr
wn
3sed to elect
ousa I don't
and mortar
le meant the
materials so
t it ia a veil
Bransbl
pointed con'
IrgeOn at the
hat bad sur-
de work ape
would starve
)—lt seeing
into Gity'a
aerations of
nary to elect
at the same
d. laughter.)
,ver on the
dte surgeons
Er. Bian,lo,,V
rere two 01

surgeon,
the circunt-
al is matter
y'sliospitalt
's Hospital,
ear► come to
ire!), owing
xu• stood lit
of surgeon
aid he ever
luted to Sir
h you 5110
motives the
well sails-

newts. Ob,
ertisenunts
tent to the
• Gentle-
',t said, that
lent hotu
I Humber ;
I would be

nkAv Avheil

and
forward to
men of 0'
at to teara
ifortune
knowledge
d go there
Hest intel-

fifluali are
e more in-
,#r the dig'
lope of kit-
ty of enICI
hrit bp"'
Hospita/p
8 praCtited
such ofh-
af the 44;es
irect your
case—be-

tn, I be-

1 will be

t!l'llatation—aof, the reputation of Mr. B. Cooper, but I
' t'k the Learned Counsel, when appealing to you, must have
dot the story of lago "refutation is oft without merit, and
Without deserving"—but in this case there was none to
I; Gentlemen, I know not that he had ever acquired
fo:iiitiat.olninuroaafilsitstsiamoru.t6,lll:l36.,.
.:
CI
,nloepvte.rr
alsleaardiofrgieto;n aofnd
Gituhya.ss
° ;11Y painful duty-in the Lancet again and again to
although on.one occasion it was stated, at least
that he had performed the operation
..IYiag the seficlavian artery in a masterly manner, and.
re nie.the greatest possible pleasure to communicate
~_fact to the public.
I'villi. n i I e
rt
ao
no
ssboy
Cooper, let. m
emut,h;has been saidask
youaboutwhat.
itt.youreputationv
h e
''' r'espec'ting the miseries of the individual on whom
liperation was performed ? Not one word has escaped
,11
'Ps of the Counsel on that subject, not one word from
',4Outh of one of the witnesses. No, Gentlemen, they
for the greater part, hospital surgeons themselves ; and
knOtv, too well, what the practices of our hospitals
• soil the sufferings patients are in the habit of en-
-1 at their hands, to feel for this man, er for any
man placed in a similar situation ! Gentlemen,
%limit(' like to know upon what principle it was
the Mau was kept hound upon the table when he int-
P'f to be loosened. Vas he not a free agent ? He
1:', what the sufferings arising from the stone were, and
ad had but a too horrid experience of what the suffer-
arising froni the operation were. Thus experienced, he
anxious to choose the lesser evil ; he said " Let me
14 God's sake, let me go !—I pray you let nie go;
"4iet—let it keep in." No, no, says the operator,
.411 not let it keep in. I must remove the stone—my
alation is concerned in its removal. You were brought
tt?
have the stone extracted, extracted it shall be, and it
k,
' be, if you die upon the table ! Gentlemen, will you
lour verdict sanction such things as these ? Will you
)'sllr verdict this day approve of the conduct that has
4 attempted to be justified in this ease? And in
I ask you to lay your hands upon your hearts, and
/Ourselves after the evidence you have heard in that
from my witnesses, the uncontradieted.evidence—put
.1. heeds on your hearts and ask yourselves, if you
afflicted with the stone, you should apply to
baby Cooper to cut you? If you would not, then upon
llts principle is it you can send this man back to Guy'a
,Pi,tal to mutilate your fellow-creatures? Ask that
tlOl3 Of yourselves, and if you would not have him as
,Perator upon you, if you were afflicted with. this dis.
You are bound upon every Christian principle to re-
[4.llli.h a verdict as not only shall acquit me of having
41htal this report falsely and maliciously, but at the same
L 4 as should have the effect of preventing Mr. B. Cooper
cornmittingsimilar injuries upon any of his fellow-crea-
,4htthat institution.
_How can you return a verdictagainst
411Pon the ground that I have published this report
% when you have heard from uncontradieted testimony,
I Was assured the report was true from the writer of
report before I would insert it? I was not assured of
Mast from that individual alone, -I was assured of it by
7i although those individuak have not been placed in
;.*.itoess' box, therefore you can only regard that as a de-
glon from use, and not as evidence. ;But the reporter has
be forward, and stated openly and boldly, that he assured
!the report was true. -Gentlemen., attacks have been made
i:4 the rort,
bai lend! Iw y
ham sure ? ecause it
Learned Gentleman,
tb, moment lie made that. charge, had forgotten trim-
Ile must have been beside himself at the moment he
de it l hut I say no more upon that now. That indi-
-
~4' Stated to me that the report was, true before I pub-
-1 it ; he has stated to you that he .had stated to me,
Is it was published, that it was true. Gentle-

have any other persons come forward to

'"itatiate that report ? Yea and who are those indi-
titls
Mr. Alderman Partridge, of Colchester, a sue-.
hues. Gentlemen,
greatest reputation in the neighbourhood where
v 4. Gentlemen, there is one witness, and what was
t 1 'ltitnony of that witness? That the greatest violence
k
• 4sed in the operation—that lie considers the operator
lt°,3i unskilful surgeon. Mr. Callaway has come for-
ay
al on the other side, who is counected.with the Hos-

Was the apprentice of Sir Astley Cooper, is the
lint-surgeon of the Institution, . and looks higher,
ili
409 C Ilaway looks to the office of surgeon,
,1."1Y heard that 111 r. Pi`rtridge was an honourable man,
Oa he was present at. the operation, and I put him
ie witness-box that you might know the truth of the
Without asking him a single question ; not one ques-
-41
p before he went into the box, did I put to him. There
:110ther witness whom I shall speak of here—Mr. Lee,
Dinate-merchant... (Much laughter. ) he aril was:
Oat at the opersticah an honest man, and that he was a
,
Of Branaby Cooper, under the highest oblige.-

to the Cooper family, and that he had a on

i without asking him a single question, I put him
the box as I was most anxious you should hear all
evidence you could have adduced, and adduced too.
I have' unsttspeuted" and, untainted ,quarters. , Gentlemen
We cloca-';.• 1„.. 1 Should have met at places with a view to persuade
the beat", }r° either one way ar other, reject the in-
Irom the'4:-I,4tion with contumely. No such, thiyg has been
from
k:by me. I have acted openly. from .the commence-
f the alr I have not . acted covertly in any one respect,
d regarding. this case, and if a justification of my
Sa rviktt, eitlllet is to be found in any siugle respect, look—look only
seaerd'ar !i ehsence of all the spectators of the operation on be-
)7; 't ‘101:poi the plaintiff, save the Assistant- surgeon
.of Guy's
yr'y tal. Why, Gentlemen, if you are ta be so blinded—
k my.° „eeeived--and so duped—as to imagine that this operas
Was performed in a .stilfol _manner,. when
entirely Y one out of two hundred spectators comes forward
gxes me attest that the report is untrue, I know not bow
by the k'llaracterise your blindness or the obliquity of
(together 1n judgment. Gentlemen,. when I published, this re-
if he has q I published it advisedly ; I thought before I did it,
ourselves 4 4 deliberated while- I was doing it. I was certain,
mony h 41 told, the reporter so, that in consequence of
I to- your I, Itransby.Ceoper must either leave Guy's Hospital
Theratelf 1,/lee or institute an action against nie. Gentlemen,
It is in-,ease-( was satisfied .that the public would be the
hundred der• Brom the publicity which the proceedings of yes-,
deny its aY and those .of this day will
.reneive, persons who
ie.; the to our alimonary institutions_ will have an
that one • T.4tunity of knowing the manner in which the funds
did not they give for the benefit of their distressed fellow
;allaway -e it'eres are applied, and to what purpose appropriated.
rget had ,t4(4, that. all must be gainers by it. I have never
way ad.' col -the; truth. I was satisfied that if Mr. Bransby
- ler could prove that the report was false that he Wand
ras not ; tOx pIib4FORR kpew that Icoold Rot be inilared,
heliev.r4 i',4le wiL4 satisfied that. what I Tie doing was correct,
.1. do not believe-that any ;nazi ultimately ever experiences
it was ‘ll!'itiry from doing that which he conceives to be right. If
ientiuo- ,t1(11., not believed the Report to be true, nothing on earth
rear the have induced me to publish it ; no consideration in
t 1640 world could. have induced rue to pubish a ,statement
,of the ' ~
would be injurious to Mr. Branshy Cooper, or any
cc been P' man, unless I had the most substieptial reasons; for
fry flit t thug that that tybicli 4 wail ~:opyclkwicatiug to the pub-
Id - 41'., ui founded in truth. Gentlemen, the evidence that
r ofh
t teeninduced before you shows that I was justified in
reason e and that 1 lied good grounds . for believing that
,raction Ott was true. The absence. of 199 out of QOQ wit,
ne for. niutit, X ishoold suppose, eopyitice xou y *hp same
en fhe :'% Who'd., Mr. Biansbv Coopers winless to prove,
yOu the .4the report is false? And yet that individual failed to
is 4,44 it 50... He felt inclined to give his testimony in an
nephew , ~'°urable manner, bot seeing that his situation was un-
atl the Ziet, he said all that he could fut Mr. Coo, voier--,that
irgeous (Laughter.) Who were my wtness:li ?
titer, at leen whom I had trained and lectured on models and
in, yet anions and drawings. Has it been shown to you that I
ige• at' Ztlaseted with any person or persons? Mr. Pearl, in,
ladder', :11 stated that I had shown good reasons for believing
skilful fr' opening had been made between the bladder and
hotex-,:4fp ; vfhat Ra,s.led at that t..,iina tva4 in the
q nef eve of conversation, and it coma not be with a view to
' ~'
de- .ng whatever valiWand why not ? Because in my report, there is
sse ; said of an opening
between the bladder and
„
whose '',,:tectum; iris that the cellular membrane there was easily
Id not 0, (Able. Why easily lacerable, does that not itoplkthAt.
a seer- •• bells before the touch, and that there is not an opening ?
"Y S h.j Id l use the words easily lacerable—why should
Ntlietterm cellular membrane was easily lacerable where
was no cellular membrane ? If there had been merely
t tit I should have said a hole—that there was a hole
:*(en. the bladder and the rectum. But, Gentlemen,.
h„-, i 00.4 t'o'll that the gorget was introchieed after
bad .antl that aj-
')4lth . the gorget was intioduCilektiPon fianthiation
tile preparation there was no cut to be detected. You
!II from all the witnesses that the gorget was introdeiA
t„?! 114 —you. 'wail.' from all the witnessa that the cot
"4. • ii:isrott, therefore,
knife
114 h •te .ctee the other. That the knife pole-
awe in rst
!el the blid..Aer there can. be no doubt, whether at first
lastk but what evidence have you that the
don't
ik.f.t penetrated the bladder ?, If it did. not, where did
te? Remember this, the gorget is not as wide as
!ie.er and that it is not .an uncommon thing for an
1104. pe „tor ttia gnigri io betWTI the
er ' • 'Mr. "Key' hiniself, you saw
5' guarded he was, exceedingly guarded indeed was he,
'114,w very frequent the twitches of his facial nerves
to at the, moment he was giyiog his evidence ; 1.1, ad
'ed that it the incision with-the toci Wei?
rnAtIN and the 4Ri,ge; [To intoiavved pro-

ng gratuiteu;ly. Guy's Hospital at the present ma

y became
cessity of
en air.--.

e same

to the

ties to
tahle,
Atracf
ud
I, „nos
aid be
feel it

yak o~
tuF
report
y

been

but I
deal-

Vi