Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-09-02
THE DOCTOR DISHED.
KENT AsSIzEs. Maidstone, Marc.
SMYrH pa. RussE11

SMYTH Us. RUSSELL.
his was an action to recover damages for.
an assault--Mr. Garrow opened the case.
lie stated that the plaintiff was medical
gentleman of considerable talents who had
settled at Dover, with view of obtaining
practice. The defendant was publican re-;
sldenf there. 1t happened that he had a SER
want who was afflicted with certain disease
not to be named in delicate society but which
was SO infectious, that without regard to any
society, it communicated itself to all who
ventured into its company. His client was
y called IN, and cured the female of this dis
ease, for which he OF course expected due
payment. For what cause it was however
he could not tell, but the defendants wife
most egregiously abused the plaintiff and in
deed went the whole length Of assaulting him:
but that was not the subject of the present
complaint. But Z. was for the defendants
own conduct on subsequent day, when he
met the plaintiff in the streets at Dover. and
began by addressing him, So you have got
"a. warrant for my wife," which by the bye.
was not the fact, though he was conscious
the lady deserved it and then without more
ado, he drove his elbow into the PLAINTIFFS
stomach, SO as to hurt him very much
This was not all; on another occasion. il
CHANGED that soldier fell into fit in the
street, and the plaintiff as he was of human
ity OF mind, was about to administer medical
aid and bleed him 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 latterly occasioned the death
oftwo children by his ignorance and this he
followed up by assaulting the plaintiff
Two witnesses proved the assault first sta
ted, that the defendant thrust his elbow in
DIR. Smyth's stomach, but they negatived 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 Doc
tor; he gave physic to the people of Dover
but he might be nothing more than Sur
geon.
Mr.. Sergeant Sheppard said he would Tell
the Jury little about this Doctor Srnyth who
undertook to administer Physic to the people
Of Dover, True it was his clients servant
had got the itch, and she gave it to her fell
low servant; the poor children did not es-
cape, and Doctor Snyth undertook to cure
them.---Ifere was his own hand writing. IA
paper which had been proved by one Of the
witnesses.) e" To ndrkureH arinkement for
curing the grid S0rUanfc Of the Hftcb.'--The
bill was a specimen of the doctors literature
and his exhibition Of his morkurcH arfnte-
nent was specimen of his medical know
ledge, for nc fairly saIaUoted all the family !.
and this it was which enraged his client who
he admitted gave him an elbow in the guts,
not half so mischievous as the stuff which he
had poured into the guts Of the defendants
family, and for this he had not only brought
the present action, but bad also. indicselthe
defendant at the D0ver scssions. When he
himself was examined on his oath cd that
examination learned fiendsask edlstld Doc
tor where he got siiis' tsloda1. , , Vfhensfis
answer literally was, that he got his detIorey
OF me Mayor Of Guegnscy.. Deplorablc it
mark their opiDf5n - ~ NJ far-
thing damages, or IL they went further II
would be to give the - eroat" VerdaS
London Pdher. '''"'S