The Sun.
London, England, 1829-06-17 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

HOUSE OF LORDS
414ITTEE OF PRIVILEGES.—BERKELEY PEERAGE.
Several documents were put in in this case, and
further consideration adjourned till next session.
• LORD FINGAL'S CLAIM.
111 e further consideration of this claim was ad-
-4411d till Friday next, in consequence of a defect
tne evidence.

LORD JERSEY'S CLAIM.
After several documents were put in and wit-
let" examined, proving the connection of the
11 with the Grandison family and its lineal
ant, the further consideration of the claim was
eurned to Friday, at half-past three o'clock, in
per to afford time for the printing of the evidence.

COURT OF CHANCERY.
The LORD CHANCELLOR did not sit in Lincoln's
fl'llllll
, to-day, in consequence of having to attend
Committee of Privileges in the House of Lords.

ll VICE-CHANCELLOR'S COURT.
" HONOUR was occupied the whole of the
,aining with ause Petitions, none of which pos-
"I any public interest.

COURT OF KING'S BENCH.
I °thing occurred in this Court, this morning,
In
interest, except to the parties concerned.

OLD BAILEY.-(THIS DAY.)

OLD COURT.

td •
ton Marten Van Butehell, surgeon, aged 50,
'.
Charged, on the Coroner's Inquisition, with the
''slaughter of Mr. William Archer. The bench
Via.
trowded with gentlemen of the medical pro-
:1", amongst whom we noticed Sir Astley
ti'ler, and several other physicians and surgeons
'll,e first eminence.
1.41% 'Baron HULLOCK entered the Court at a
401.ter before eleven o'cloCk, when the prisoner,
Ilk had been admitted to bail, surrendered to take
girls!; he wase dressed in a new suit of black
4,res, and accompanied by several friends, who
A hands with him, on his being placed at
!.,I?'i.

'he indictment having been read, the poisoner
tied Not Guilty.
10,41.• ADOLPHUS stated
.the facts of the case to the
7, and then proceeded to call the following wit-
.es .
.• -DRODERICK and Mr. CARRINGTON appeared
Counsel for the pri-,oner.
4,"• E. Archer examined—l am a silk manufac-
; the deceased was my brother; he had for a
g4lime been complaining of ill health. On the
0, May he said he was better than he had been
tida long time. On that day he went out,
t asked me the way to Golden-square ;
returned in about three hours, and when
-,e4"`r him he was lying on the sofa in
'rritt pain, and much agitated. I persuaded
•Itt-,.t° go to bed. He was all this time gradually
''ag worse, and about five o'clock I went for Dr.
10 e,
who came about eight o'clock. I was not
at any conversation that day. On the Sun-
following my brother died. He felt all along
fader
that he could not live : whilst labouring
I,,der this impression, he used frequently to say he
iiihsreeeived that injury it would be impossible for
to recover.
Y Mr. BRODERICK—Mr. Lloyd had attended my
°thee. about two months before his death. When
1:414 he was better on the 10th of May than he
been for a length of time, I meant he was
wiwetter in spirits. My brother's wife died of a com-
iteationof diseases; I do not know that it was
ula which was the inimediate cause. I attended
Coroner's inquest ; Mr.
.Van Bytchell was not
%ent • the verdict was returned without his being
leht
i for; he was taken into custody the same even-
Vt• There was an application on the part of Mr.
:a.l3utchell to see the body, but it could not be
ta,plied with, as my brother was buried.
truY Mr. Baron HmocK—My brother walked part
iLhe way on his return home from Golden-square.
•,,Lulr• Lloyd, surgeon, examined—l live in Frede-
-s"s-plaee, Old Jewry, and knew 'the deceased.
1,11 the 10th of May I visited him, he appeared in
Feat pain of mind and body, and told witness that
*aad received that internal injury that he should
lever recover. I told him I certainly thought that
L'l_,aa 'in danger, he died on the sixth day after-
C"Il• had several conversations with him before
'it', death, and tried to encourage him, but his firm
e„.llef was that he must die. After his death, I ex-
,,,:galed the body, the general appearance of the
%-'eerct was that of recent inflammation. On my
;Iktnilling the rectum, I also found it much inflamed.
'The witness here went into a minute technical
,knation of the general appearance of the de-
ased'sbody, and the nature of the injury he had
Zeived.),-He was decidedly of opinion that his
ath Was caused by violence. A straight instru-
i,!at,tix inches long, might have caused a similar
4,4'1- I should think death
,ensued by the use of
''''histrument like, tbe,one I now hold in my hand.
b Mr. Bnonuni,o.r:--Tbis instrument was once
,t'd by a nurse, and the person died. An inquest
4' held on the body, but the Jury did not return at, tiltdiet
.of manslaughter. I bled the deceased, but
• th!'llot say what quantity of blood I toek.away. I
e ' ‘lll k; On the first occasion, about, 10. yr,,4.ounces.
e 'tfiess is decidedly of opinion
~that it was ex-
y tteraely dangerous, in any case of stricture of the
g ihetam, to use a straight metallic bougie of six
0,. metes in length. Had had great experience in this
tt i3O`4eatie!und never (except they were pliable) knew
a (.111fies of six inches long used. The rectum cer-
gi I,l''Y is not 10 inches long; it varies in different
11°Hs; but in no case, in his opinion, did it exceed
alt)4l six to seven inches. He was examined before
o• • ' eenroner, but did not suggest to him the pro-
itt
- 'PI
th Yof sending for another professional man before
er...4ury returned their verdict.
kkklite witness here underwent a very long cross-
Qtaination, entirely of an anatomical nature.)
q,Cruss-examination continued.—Operations are
r 1 unsuccessful when pet formed by skilful per-
Q 4. I remember an operation which I performed
,I 1 Person named Ann Kent, which was not suer
€4ll, the patient died. 1 sin a Member of the
A°4ege of Surgeons. Mr. Smith, the gentleman
1,0 was called in to attend the deceased with me,
believe is not a member of that body.. No other
44°4 was called in. I think the prisoner is not a
teiteraher, A person with such an injury us the de-
ed received, in my opinion, would be able to
,1'
for some distance.
1444 Y Mr. Anowius—l consider death ensued by
ctu
rarnatiou, caused from the injury done to the
held-Smith, a surgeon, was then called ; but before
sworn,
t„rtr- Baron HULLOCK, addressing Mr, Adolphus,
ti ,
..ie thought there WAS no ca,e against the pri-
tcivr• It would be most dreadful if an operation
to;'d, that it was to be considered sufficient ground
theu charge el manslaughter, for it may happen to
floost skilful surgeon.
it, • Ir. BRODERICK—I consider it my duty to state,
40Jastice to Mr. Van Butchell, that I have between
ol 'lad 60 most espectable witnesses in attendance,
'/\‘‘,l.'hom he has operated with the greatest success.
by 4,r! APoultus—After the intimation expressed
41e bench, I shall retire from the prosecution.
le: 41'• Baron HULLOCK charged the Jury at great
til!th.• His Lordship said it was his opinion the
eb had proceeded far enough. The indictment
lotitrfrged the prisoner with manslaughter, in having
tht °rifled an operation that ended in death. Now,
v7as not the least evidence to show that that
toh,-,aion was unskilfully performed. He was not
se,,ite of any principle of law that would sanction
141 a species of prosecution as the present.
the,, was of opinion it did not signify -
titio the operator was or was not a regular prac-
Peohe!, if the operation was a proper one, and pro-
PeifOrmed; and it would Le most dangerous
4 Was 110 t so, kir if, death ensued, it was
°N a charge of manslaughter, many parts of the

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country must go altogether without advice. If a
man adopted a cffl,r-e of rroceed;zg contrary to com-
mon sense, in such a ca -,e the would infer ma-
lice, and he ‘v,add he considered tfuilty of a
felony, at least Otrit was his opinion, lOC it was
a most singular fact, that with all the encou-
ragement that had been given to medical science,
up to the present time, there had not been
a decision on this point., His Lordship then
quoted the opinions of Lord Coke and Lord
Hale, who had stated, it was necessary to prove
malice before a charge of felony could be supported;
and that if a person performed any act as a surgeon,
without being duly licensed, if the act was a proper
one, he only made himself responsible for the
penalties under the Act, to be recovered by
civil process, and said his Lordship, it would
be unjust and most injurious were it othet-
wise. If a person who has not passed a cer-
tain place in this town, and one who has, are
both unsuccessful in an operation, which there is
no proof was an improper one, is it for a moment
to be said the one is guilty of a felony, and the
other has committed no offence at all ? He would
say, in his opinion, this difference did not in the
least alter the nature of the charge. In the present
case there was no evidence to show what kind of
instrument was used in the operation ;—it
might have been a very proper one. The
operation itself, for any thing that appears
to the contrary, might also have been very
proper, and yet turn out unsuccessful ; surely,
then, it would be highly dangerous for an opinion to
get abroad, that, whether a man was regularly li-
censed by the College of Surgeons, or whether he
was not licensed, that if he fails in an operation, he
is liable to a charge of felony, and be was deci-
dedly of opinion there was not the least ground to
support the charge against the gentleman at the bar.
The Jury immediately returned a verdict of Not
Guilty.
When Mr. Van Butchell left the dock he was
surrounded by his friends, who congratulated him on
the result of the proceedings. Mr. Sheriff Booth
shook him heartily by the hand.

Mr. ADommus, in opening the case, said he was
aware the prisoner was the son of a regularly edu-
cated surgeon, but he believed he was not himself,
although he did not. know on that account but what
he might be able to perform an operation succ;ss-
fully ; for as far back as the time of King Henry
the Eighth, after that Monarch's son had been un-
der the care of all the most eminent physicians and
surgeons of the country without obtaining relief, he
was given over to an old woman, who effected a
cure.—(Laughter.)

MIDDLESEX SESSION S-(THIS DAY.)

The Court has been occupied nearly all this morning in
trying cases of stealing from children in the streets, an of-
fence which has become very prevalent, particularly in the
neighbourhood of Shoreditch, where there are numerous
gangs of juvenile depredators.
William Moore was convicted of stealing a cap from a
lad named George Plumber. In this case the prisoner had
several companions, to one of whom he threw the cap,
after taking it from the boy's head, and the whole gang
escaped, except the prisoner. He was sentenced to three
months' imprisonment, and to be whipped.
Thomas Davis was convicted of stealing some butter
from another boy. In this case the prisoner had several
companions. Lie was also sentenced to three months' hard
labour. _ .

John Johnson teas indicted for stealing a handkerchief
from a person unknown. The Court sentenced him to ono
month's imprisonment.
Several person• who had appeared to prefer bills of in-
dictment applied for their expences, the bills having been
ignored.
The CuAIRMAN refused to g►ant expences to any per-
sons, unless proof were given of their being actually
entitled.