Star.
London, England, 1828-12-15 00:00:00

Stiflieffittlit of what fell frost Mr. Cooper, bow could
thei be surprised at that wrenalre) heard that the ope-
rator was in such a condition that he did not know
what he was doing? He cautioned the Jury against
putting any faith in what had fallen horn the hospital
surge.ini whom the plaintiff bad roduced ! They
too well knew what patients suffered in the public hospi-
tals to have any feeling for them. Why had the
patient been kept bound, when be asked to be re-
leased ? Was he not the best judge of v hat he was
enduring? Was he not a free agent? Did he not
knovi both whit were the sufferings riming from
the stone, and the sufferings arising born the
operation, and did he not choose the le•ser evil ?
What he intreateel the Jury to do was, to ask themselves whether
they would be willing to employ air. Cooper, were it necessary
for them to undergo such an operation ? and if they would not, he
would then ask them, what right they bad to send hint hack to
Guy's Hospital to torture his unfortunate fellow creatures? Again
and again he would say to the Jury, let them remember that only
one of all the witnesses of the operation had been called by the
plaintiff, and that one a dependent on the Hospital. For hit own
part, he had not words to express the disgust with which he had
listened to the evidence given by the gang of Hospital Surgeons
produced Ly air Cooper—(A laugh). They stuck to him—and
for a good reason—because they knew that his case now might
some day be theirs; they bad come there to swear down the actual
spectators of the operation; they bad come there to bear down the
weight of honest testimony by their names—not by their talents;
for it did not always happen that great names and great talents
went band in hand. If the Jury, after listening to the whole of
the evidence, would decide that they were willing to submit to Mr.
C..oper's operations as a surgeon (and without that decision they
could not give the plaintiff their verdict), he (Mr. W.) was willing
to give up the Lancet, and go any where, even to a dungeon. But
be trusted that such would not be the case. He trusted that the
Jury would overturn this gang of surgeons, that wanted to sup-
port one another's mal-practices! He trusted that they would in
future prevent the pour from being hacked and hewed in hospitals.
At the conclusion of the defendant's address, which was delivered
with great animation, he was applauded by a itemiser of persons in
the remote part of the Come This ebullition of feeling was
checked by a very decided intimation from Lord Tesraitorte, that
be would commit the parties to custody, if they persevered in it
The conclusion of air. Wakely's speech came rather unexpectedly
upon the audience, as at the close of a very animated sentence,
which from his loud tone and manner promised to be the precursor
of a very • impassioned climax, he abruptly exclaimed, raising his
bald, above Ms head, " I am done, Gentlemen."
Lord TINTUDW then proceeded to sum up the case, and recapi-
tulated the evidence to the Jury. With respect to the desire
of
the man to be released, he believed that it vitas pretty generally um
dentood by surgeons, that unless a mail was of extraordinary nerve
be often wish"! to be released from the operation ; to which wish
the surgeon of course ought not to attend, as long as there was a
reasonable expectation of releasing the patient front his suffering.
As to the report, be thought that there could be no question that
it was drawn up in an unprofessional manner—in such a way
as no one would have done with a real sense of propriety.—
The defendant had objected that only one of those who were
present at the operation had been called by air. Cooper ; but he
(the Chief Justice) did not see whom be could. with propriety,
have called, brides Mr. Callaway ; the others were all young
men, only pupils—and probably too young and inexperienced to
form any judgment on the case that could be reasonably re..
lied upon. The question was one of the greatest interest to the
pub-
and to Mr. Cooper !nitwit'. It appeared on nearly all hands
that the operation was one of great difficulty—ofie in which the
most able surgeons were liable to failure. It alto appeared
that the length of time occupied, and the number of instru-
ments used, were nu criterion of the want of skill of the operator.
All these circumstances the Jury were to take into their con-
sideration. If they thought that the defendant had proved the
unskilfulness or unsurgtoolike conduct of the operator, they
were bound to give hint their verdict, whatever their opinion
might he as to the form of the report, or the motives Mr.
Lambert might have had in writing it. If, on the other hand,
they were of opinion that that had not been made out, they mug
return their verdict for the plaintiff; and in that case they would
have to consider what damages the case required. The report
certainly placed an imputation on the professional character of the
plaintiff; and as the work was in large circulation, if the Jury be-
lieved that the defendant was in fault, they were bound to give the
plaintiff such compensation at should meet all those circumstances;
but be (the Judge)could by no means go the lengths of the Learned
Counsel, in saying that the Jury ought by their' damages, to mark
their indgnation of what had taken place. They were to look ,at
the whole of the circumstances with coolness and consideration,
and that would lead them to the proper amount of damages.
At a quarter to Nine o'clock the Jury retired, and did not re•
turn into Court till five minutes to Eleven o'clock, when they de
livered a verdict for the plaintiff—Damages One Modred Pounds,

ii it lIVENING STAR.

MONDAY, DECEMBER 15, 18'28.

LONDON.

PItICE OF STOOgs AT TWO O'CLOCK.
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The French Papers of Thursday and Friday, which
reached us last nii.f.t, supply us with no futtlier intelli•
gence of interest 'torn the scat of war in the East ; but
all accounts agree in the important fact of the disco'',
fi ute of the Russians being signal and complete. At
the date of the lust advices t%so thous Ind more Russian
ptisoners bad arrived at Constantinople, and no incor-
•:niet,ce had been expetieticed from the blockade of
the Dardanelles.

The trial of De BERANGER, for publishing a collec-
tion of seditious songs, to k place on Wednesday, and
the Paris Papers of the following day are chiefly occu
pied with an accour,t of the proceedings. The defen-
dant was found guilty, and ci mierrined to nine months'
imprisonment, and a fine of ten thousand franc .
Lisbon Gazettes to the 6 h instant were received this
miming. They contain no political intelligence, and
the bulletins respecting Don MiGuires health present
no variety. The Paper of the sth contains an order to
the Jois da Fora of St. Übes, to release the Vice
Cot aid of the Haase Towns, who had been arrested by
the Royalist Volunteers plate time since. Another
Judge has incurred the displeasure of the Minister of
Stoke, and been suspended f.orrt, his effice for impri•
'pining a British subject for a longer time than was
agreeable with the Treaties subsisting betweecn the
taro countries. The following are extracts:

LISBON.

The official bulletin of his Majesty's health from 119th of Nnv.
jo Sth of Dec. both days included, are all expressed precisely
In the same words—" His Majesty continues without change."—
V, Ai. continua a polar sam novidade).
LISBON. Dacestaita S.
OVVICIA

• U PEPASTUIINT Of ECCLIISIASTICAL •VrAllli *Nu JU ;TICS.
0 His Wajesty being informed that wine ItoyaU3t %duo

F