Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-07-08
TBEDOGTaR DIsHED.
Kent ,iSs;-cs. .HG!ds!one, .HaTcH -.
SMYTH Z RUSSELL.


SMYrH I RUSSELL.
This was an acton &c recover damages
for an assauh.-Mr. GsRRow opened the
case. He stated that the Plaintiff was a
medical gentleman Of considerable talents.
who had settled at Dover. With view OF
Obtaining practice. The Defendant was
nubIican resident there. 1t happened
that he had servant who was afflicted
With Ger ain disease not to be named IN
delicate society, but which was so lafec-
t;ous. that without regard TO any society.
+ communicated itself TO all who ventured
into his company. His client was called
in. and cured the female OF tins disease
for which lie of course expected Cue pay
meut. For what eanse il was, however,
he could Dot tell, but the Defendants
wife most esregiously abused The flalntltf
and indeed went the whole length OF as
saulting him; bat that was not the sub
;ect of the present complaint. But was
for The Defendants own conduct on sub
seauent day, when he met the Plalht!ii IN
the street q. Dover, and began by address
sing him, so YOU have got a warrant for
my wife," which. by the bye. was net the
fact, though he was conscious the Lady
deserved il: and then without more ado.
he drove his elbow into the Plaintiff 5
stomach, SO as TO hurt him very much.
This was not all. on another occasion. it
CHANGED that soldier fell into fit in the
stree, and the Plaintiff. as he was OF hu-
manity OF mind. was about to administer
medical aid and bleed hin, the Defendant,
who was present. told the bye-standers
not to let the Plaintiff touch him, as he
would certainly kill him, as he had lat
terlv oceasioned the death of two children
by his ignorance and this he followed
up by again assauiting the plaintiff.
Two witnesses proved the assault first
stated, that the Defendant thrust his el-
bow in Docter Smvth's stomach but they
negatiycd the latter assault, stating that
the Defendant only said that the Doctor
had lately killed two children.
On cross-examinatiOn, they said they
did not know how Doctor Smyth became
Doctor; he gave physie to the people
at Dover, but he might be nothing more
than Surgeon.
Mr.. Sergeant Shepherd said, he would
tell the jury little about this DR.. Smyth,
who undertook to administer physic to
the people Of Dover. True it was, his
clients servant girl had got the itch, and
she gave it to her fellow servant; the
poor children did not escape. and Doctor
Smyth undertook to cure them. Here
WAS his own handwriting, a paper which
had been proved by one of the witnesses.
=" To Ins,kursit anintement for curing the
o.cld sarrunte Of the hitch" The bill
was specimen Of tae Doctors literature,
ant. his exhibition Of his merkureli aninte-
mcnt was specimen of his medical
knowledge, for lie fairly saturated all the
family and this it WAS which enraged
his client, who he admitted gave him an
elbow in his g,lts. not half so mischievous
as the stuff which he had poured into the
euts of the Defendants family, and for
this he had not emily brought the present
action, but he had also indicted the De-
PENDANT at the Dover Sessions. When he
himself was examined on his oath, on that
examination Learned Friend asked the
Doctor where he got his diplomas When
his answer literally was, that he got his
dcplorer of the Mayor Of Guernsey. De-
plorable it was indeed; and he trusted
the Jury would mark their opinion of this
action by farthing damages, or if they
went further, it would be to give the
"a groat."- Verdict for PlaintifF-Da-
| images One farthiRs.