Summer Assizes.
The Times, 1824-09-09T00:00:00

UR;itow ZSrE.-Befur-e 3Me. .Irseice BJAYLEY. (~a'laderan O'eil wre gai pt to the boar, charged with ~robingMr. allner,ottthe ings hihwa. TIhei evidence given thi da wa te sme iththt tridr~donSaturday, and thejury, upo herin it reured vcdic ofguityagainst O'Neill, and CHFARGE 0' 11VFANT1C5flE. &arals Holoroft, aged 30, was charged on the coroner'g inquisition 'Withi the w7ilfull niuirder of hier female bastard chtild. A bill for thle same otfence had been presented to anti ignored by the Grand Jury. 'The evidenice was very slight, a-id the Juiry immediately returnied a verdict of-,'.Nni G,uiltsi. Mr. Justice BAYLri'ordered heir tobe discharged i-mmediately. The prisonter liad teti-red from the 'oar, whien the learned JUDGE inquired wLvether she had any friendls in court? An answer was givn i th neatie; nd t 'as ddd that she had more than 50 mils t trvelbefre he oul rech er forrmer place orabotle. The leamdJtdgeordrrdthegaoer o spply lier with necessaries for travllig te vsitng mgisrats hd te powver, and he wvas sure woud nt wnt he il, o derayng heexpense of them in this John. WVifdr, aged 'Ml, wvas put to the bar, chiarged with having wilfully and malicsouilv' stabbed Natlianiel Greening, at WVarring- ton, with inteiit to murd(er hini. Mr. COLTILtAw Suited to the ~ury the circuimstances which had given rtis to this inat'ictm-ent, nnd~ talled the following witnesses to prove thiemn iNaths-niel Greening, examined by Alr. COa'csIAr.-I am Uncle to thle Prisoner at the bar l Iain a wire-weri:er at Werrington. The prionr hs oiiedwit m fo 1 or18yeas.Tiheworkiiig.reooai areson the first floor, but my countingbhoise is down stairs. On the 30th of .Tuly, between two aud thiree o'clock in the afternoon, I saw the prisoner goingz up the stairs to the workshop. lie had not been, "It 'soik for four days, and ho lookedI to mec very sottish and drowsy. I told hlim to go hiome in bed, and to return again to work on the illonday morningr. I saw that he had been having some liquor, and ] W55asaraidi ihathewouldlentice awatysonic ofmyo:hiermien tohave 1ome too. I therefore put my hand on hisshoulder, and gently nushed h!im down itliesrecps. Igot him out, and locked thecrioor. $oo-nafter I opened thie dooiragain to let aboy out, antiit continued ope'n. Ibadbeen for somre time in the counting.house, whien the prisoner came into it. lHe stood at thne back of the desk with his face turned towards me; lie said nothing I again requested hiim to go hom-e. He said thait he would nut. I put my, left hand acrosis the desk, anti tusiched his Tghi7t sh1oulder, with the intention of putting him gently out of the loomT. As soon as I had done it, he pulled a% terrible instrimientt out of his inside coat pocket, andI struckat me with it, saying, " G-d d-n yo,you b.-r, I'll murder you." H-e then struck me an un- de ,rhanded balow, but tite lbrce of it was broken by his ltand comning an coittact with the corner of the desk. The itisrruinent, however, entered the bottom of my stomachi. I calledt out " Murder!" anti stepped back from th e priso-nar. Ilie followed me quicklv, and Atrick me withi another utdlerhatided blow on the left side, on'the kidneys. 'Walker soy we-rehosma,cmei,anti seizedl hold of his right han, ad henhestabedmeittth an ani he hikprtof the sistnce.I ten size himby he am, nd by teasitne ofa or ~ ~lld Grad, renhe th apo ot of hisl hads. I have flr. COr.'raeA.,; desirerl the witness to prodluce ii. Thne witness produiced it accorditngly. It was in appearance just like a butcher's steel ; it appeared, however, to be sharper at the point than such instrumTents generally arc. "I Wam attttided,"he con- tin'ued, "hv a surgeon far some time. The wounid in myv side got wiell in a fortni~ht. I still stiffer fromi the other wounds." Cross-examined by Mr. STAEKIE,-l aM UnCle to the prisoner. MvI wife 'vas his fa'tber's sister. Prisonier wasq a soldier about seven years. Ihis mother told nie, that whxile he wasr a sol- dlier, he rece'ived a severe injury on tlieheauh ; antI I have untderstood, that lie was in consequence afrected stronglyv by a very little liquor. This attack upon tue occurred durting the tune of the fair. I itad not seen the prisoner before duiring the we;ak. Wheni I first saw him on that day, r persuaded hiim with~ all the mildness in the world to go homec. 1 have been a good friend to him, atid always treated him in a good-humoured manner. No abiisive lauguage or hiigli words had passed between us. I said, " WVilde, that's a good fellow, go home, go to bed, and come again on Mlonday iniorning." I could not say any thing inure gentle to PFP%ua8e him, fie said nothing about mon' to drink. I do not know that Walker was looking af- ter himn,and taking care ofhIim. At that tirne Walker was packing up goods. I tlo not kniow that the plaintiffat that nioment hadl his tools about hinm. I thitik that hie had nut, or I must hiave heard them ringing like keys in. lils pocket. I dlo nut know that at that time lie was going on the trsmp,as it iicalled. ikltthe working toolshehat't were mine, Hewas abench-worker...that is, a Person whio makes goods by hand, and Not by machine. He was sometimes employerd in closing wire cy-lindlers. 'The tool use(i in that work isa very short! sprig, but it has a very shiarp point to make hoe h n hrp instrument would serve for thle same purpose, if it was not too long. If it was, long, Owing to the tremulous niotion oe the hiand it would make the Pancture in a wrong, place. The intiTrumnien wit'h which he stabbed mre might hanve been possibly u-sed in such work, bult I do not think it probable that it was. Re-exarmined...-It would be im-possible to work conveniently with such an instrumnent. By the prisoner.-T did not say that I wouldl tranisport you, or that I wouild send you across the water, until after you hadi struck me, antd then I thougtht it to he my duty to prosecute you. Jolhn 'IVa]ker, the foremran of the prosectutor, corroboratedI in every respect the testimotny of his maister. Ilie has rushed inito the countimg-heuse in conisequcnce of' hearing his Master cry ourt three timnes "1 -iurdier." He fountd his mnaster struggling with the priorscny, and assi sted in taking the prisoner i'nto cuistody. On the prisannax's. beinZ, -cemoved lrn\o an adjacent room, witness liesird himn say that lie would have Greetileg ' life yet, or 'words to that effect. On cross-examiination, Itssaid that Greening was a very goodniat, and not at all hiaity in hiis temiper. Ile heardi no hiigh wodsk pass between himn and the prtsoner. James Gerrod, the person who lhad assisted the prosectitor in wrenching the instrument from the prisoner's hand, gave a iimilar account of thie struiggle between them to that given b the preceding witntesses lHe addedl, that one of his fellow workinen having-oh. served this instrument atiiong the prisoner's tools, said to him, WbtVat aLre youi ititendling to do with that inistrumnent ? It is no tool f'or your bius!ness." T'he prisoner replied, " Oh ! yes it is, and fI' have it into, somebody before long." Vpon cross-examination, he admitted that the pri-snier was rather forward in liquor wheni he mnade that reply. Prisoner was a quiet stteady man whien lie was n1ot in liquoer but a little liquior altered him more than any p~er- son. whom he had ever 'Known. WVitnesis kcnew that the prisonier had received an injury on thie head. He lied seen the scar left by the wound. Another workmatn of the name of Lotckhart proved that thou7h the, PriaontI had`had some liqulor upon the day mnentioned in the in. dietmnent, he had asked sevemal very sensible questions only a very short tim-e before he had committed'this outrage. Janies Molyneux~ saw the prisoner tiiake the instrutment withi which lie had wounded the prosecutor. The prisoner did not enirtion to hiim the purpose for whiceh he liad niarie it. Another workn,an, who lied been drinking with the prisoner on the clay in question, stated that he was ctisl.iderably in liquor. Pri. sorTer Mai tohm, when he lef't himi, that " lie w'ottld get rid of a hlIck hs-r that day." Cross-ega-mined.-At that timoe prisonIer anti witness were mu. toially ilaring each otlier to'go upon tite train p. MNr. Oxley, the assistanit cotistable of liarrington, who was se,it for to take thie prisoner into cusqtody, after hec had made this attack uipon tile prosecuitor, deposed that tile prisoner adImitted to himn that he lind stabbed Greening, and tltreatenerl thlat [IC would have his re. VOllZe UpOn Greening, ven though fite were hanged for it. Wittness told hiim that perhaps hie miglit be hanged for it. Hfe thought that thie prisoner kinew him to be a constable when he madle that tieclara. tionr. 11r. R-land, Mr. Lawvrcnson, and himself were present wlien it was made. Mlr. Kirklasrh.-I am a suirgeon at Wtrringtun. I was eallerl in to see the prosecutor On t!me 30thi of Jul'y. I estanltied his woundl. one waA on the stomiach, aitd was abouit a tl,arter of an irch deep ; it mnight be inflictedi by a weapon like thzat produced ; it was n-ot aL dangerous wound(. If it had beeni nleeper, it mighut hiave been attended withi extremne da.nger. Another woundt was neari the 'kidneys, anti appeared to have beeti given hiy a stabl. Ha4d not it gone in a slanting direction, that woutid wouild hzave pro(iticed deathi. Cross-examinedI.-Neither of ithese womincil were dasgerous. It would not requiire iiiuch force with) an instrunteint like that producedI to penetrate inito thie stomtachi. The pros%ecutor was not prevented by them from zoing abouit his buiniiess. The most fatal wounid that could be given with siuch an instniment would he abouit the heart. By the CoURtr.-Thotugh the worinds were not dangerous, ltei lacea where tltey were inflicted were ulangeronsparts. If the woutids slpeetaed deeper, they woul!d have been very dangerous, admight have produced theath. If I had seen a man struck withi siich an instrument iii those parts. I shioulti have expected thitt deathi woiuld be the cotteqeueruce oaf thep blow. A woundi to occasion death in the kidutey-s inuist hare biern three inches deep, and in tue sto. macli about an inch and an hialf'. In the case of Mr. Greening, whon is a corpulent man, tile wound might have gone five inches to. wards the kidneys withouit killing hnin. That instraunent might lhave inflicted a woundl eight inches deep. 'Ibhis was the case fir the Prosecrution. The prisoner, beitig call. eti upon for hist defenice, observed thRt he wislted to say a few words to the Tas I ellmite," said he, " gentlemnen, in the year 1 811, into HsI jayssrie n was irmniediately sent away ftom the country unpoti f0reign serVice. f retuirned to England in the year .1817, and receiveti a f'itriotigh for-six weekrs for the purps of vIsit. tIng My parnts. Asr I was retrirning ta. nmrgmn,Imt with a very awward accident. I fell off tlte conc tSafod received ,a ver,7 severe woundi on the heani. I wait-mtatltke to the i.Car a tatpace, antI there I stayed a week. ngetgou ot '., I roarlsed oif to Chatham, wliere my reginentwsqatrd in order to joirm it. Oti reachingc Chatham, I waspae ntehe 5tital, andI twvo surgeons openeri my hetud. I remained theseC thirty days, antil at the end of that time i received niy discharge, my pa. retvasnzgiDt togethner nonecy sutifficient to Purchiase it. Ever since, whienever Iget asup oftlrink, it take9s uch hold of me that I rIo not know w hat I ani eithier s-aying oir doing." Mr. SrAnutrg thlen called the following witnessesion behalf of tlIe P.. ao:%er John Bever.-I arn a victualler at Warrington. I know the pri- soner. nnd have known hint for some years past. lie comes to moy house, but notofteti. IW hen he is sober, li is a very quiet mian * but when he iadronk, lie is very violent and wrong-headed. and does not kiiow what he eitiler says or does. I saw him on the 30th of July, ab4out half an hour beforc lie was taken into custody. He was then very ill in liquor. I saw him wvith fivc orsix others, making a great noise in the sutect. David Jone8, who 1iad knowni tie priswner for the last live or six years. gave si milar tesLimonly as to the violent effeccts which a small quantity of liquor prodtlced upon him. Richard Batterbie-I have known the prisoner from a boy. A more good-naturedl ansi peaceable man does not live when he is sober, but in consequence of a wound which he has on liis head, he is very ur.ruly when hegets a little liquor. ,Iir, jtisticC BAYLEY nere interrupted the learned counsel who isa, e5aminine the witness, to observe that this was one of the rnost extraordinary defeilees that he eyer heard set up against a charge for a capital felony. 1Xven if it were established to the fuill length ip v'ltich )le supp'.scd the learned coansel wished to carry it; it would not amnount to any justification in point of law. iMr. StAnKjI said that he wished to show to the jury, that thse prisoner when intoxicated was not conscious of what he wasdoing. Mr. Jtstice BAYLEX-11n1le.ss you carry Yourproof so far as to show that the prisoner was actually insane, jou dlo nothing; and if yo-u prove his insanity, then you can only obtain his acquittal upon that account, and the maii rnust be confined for life. '1r. STAnECg knea that the point which he wislhed to establish did not amount to a defence in law. His Lordsbip wag, however, awaTe of the reasoni which had led him to puirsue this course ef exa- mination. He was Going to prove that the prikoner had once made msis attmpt tiposs hls life wben in a state of intoxIcatIon ; but in eon.. iequencc of what had fiillen fromi hig Lordshiip hie should not par. tue his examiination fusythrr. Mr. JuadeeC BAYLEY observed, that his chief reason for inter- rupting the learned counsel had beeni, that it might niot be supposed byJll-advised persons that drunkenness;, or tise species of iosani' t which drunkenness sometimes p-oduced, was any excuse or 3u8tte- ration for any outrages whiich thecy snigbit comnmit whilst labouring Linder it. It was quiite the reverse. Persons uponi whom liquior produced suich strong consequiences, wvere, above all others, bound to abtanfrm t iftliey did not, they mnust be responsible for what they did whilst in that state of violent excitation, If it were notso,peole oul ge drnk ithth determinedI intention of doig sme llealacton,andthe wuld attempt to defend the actins hic thy ha comited,unter the plea of drunkenness. Eliabeh ~ile ws tencahd itothe witness-box. She was thebiter f te pisoer,anddrpsee tht he hiad always, as far as her bsevaton wnt.bee mos kidlydisposed towards thje pro- seciator. Mfr. Justice B3AYLSY, in summing up the evidence to the jury, told them thiat if a man were in suchl en hiabituial state of miindi as not to be aware of thte consequences of his own actions, or, in othert wordIs it he weye insane, then it was a species of vindlication for what he list1 done, and heinust be acquitted of the offeance laid to his charge on the ground of insanitv wvhich must be stated by the jury in thieir verdict of acquittal. If, however, a person received a hurt, which did not afrect his intellects generally, but only when he hiad takeni liquor, theni the law siaid that the p'arty bad brought that inisanity upon hiimself, and imust not obtain aniy beneflt froin it. They would therefore view this case as if the prisoner were fully acquainted with the consequences of his actions ; and, upon taking into consideration all the circumstances which hiad been proved against hilm, would return stuch verdict as, those circumstances appeared to require. The Jury, after deliberating for three minutes, returned a verdict The pTosecutor recorrmenr'ued the prisoner to mercy. 'Ihe learned Judge told him that hils recommendlation should he attenided to, and, in consequence, ordered sentencee of death to be re- corded against the prisoner. BRISTOL, TTUESDAY, SxPT. 7. RItCHARDS V. P'ERRlY. This was an action brought by the plaintiff, a widow residing in Bristol, to obtain compenisation in damages for the injury which she hati suistained, in consequence of the defendlant, who is a practising sugon, aving usnskilfulhly treated her whilst labouring under a dis- locagtion o the hpjoint. The damages is ere laid at 1,0001. Mr. Sergeant Px 1.1 stated that the platintiff tvas a widlow, whose husband was living at the period of tite accident. The accident hap. ncritd on the 28th of September, and Mlr. Richiards died on the 25thi of January last. He was a shoemiaker in Bristol, and in his way wee a person of respectability. Mlr. Perry, the dlefendant, was a man of considerable reputation residling at Thornburv. T he circum- stances of the case were these :-On Su nday, te 28th of September, Mirs. Richards, with hei husband, was in agg go%ng near Felton, when an accident occurred by which ithe party was overturned, and Alrs. Richards sustaineg a very serious Injury. She was taken into the Anchior public-house at Feloto, here medical assist- alice was immediately sient for, and Air. Perry was the person who was procured. On examining the seat of' iniury, this gentl eman was itmoediately of opinion thiat the hi~.joint was dislocated, and it appearedl that he had done what It was presumed in be necessary. After the lapse of a week, Mvrs. RicharLds proposed to leave Felton, and consulted Alr. Perry, whio proniounced her to he in n fit State to untlergo the removal from Felton to Thiornbury. After arriving at Thornbury, %he soon felt that thc cure did not proceed as she had reason to expect. After the lapse of three weeks, she was removed to B3ristol,wlsere it was dleemed necessary to call ill two surgeons, Drs. Grant and Daniiel. As soon as these gentlemen saw her, which was on the 6th of Novemnber, they pronounced the hip to be out of its place. They took the usuial means wliceh are hiad recourse to in cases of difficuilt reduction of a limb. Shie underwveot great bodily suffering: he would not violate thieir feelings3 ivithi a detail of thec paini she enduttred. Hlowever, the efforts of thecse gentlemein, notwithstandling thne great sguffiering of the patient, provedt in the enid uinavailing. They were unable to reduce the dislocation, and she was at that moment 'indergoing the consequences of else tailure to reduace the limb. He called the fol- lowing wvitnesses : John Harpuir, a smnith, was at Felton oni the 28th of September last, and saw the accidenit by whicitl the plaintiff received thte injury. They carried her into tlie Anchor Inn. J3enjainin Prosser also saw the accigent, andA was the personi who went for Alr. Perry, -he surgeon, by dlesire of' plaintiff's husband. Jolhn Short, foremnan of the lat'eMr. Rielhardis, had a conversationi withi the defendant on the 5th of October. Witness asked on that dlay, in the presence of the defendlant, if one leg was not shorter than the othei. The plaintiff was then ready to be removed. He asked Mr. Perry if slhe was fit to be removied and he said she was ; and thiat all slse wanted was a little rest, and thiat after a little time shie would dlo very wvell. She was removed accordingly in a spring c-art, withi a bedI placed at the bottom, on whiich she was laidi ; hier f'eet were covered up by Mr. Perry. Site was then) then taken to Ttiorubury, whirh was atboult 7jmiles from Felton. Witne8ssobserved the knee turned in as Ils. Richiardswas placed inthecart,anda.sketI Perry if lie wa9slure the bone was set righit; he replied, it was. lVhteness asked Ihini would it not be riglit to have the assist- ance of a medical man as soon as shec arrived'-atTliorroburf ; be re- pliedl it was not- a3llshe wvanted was the application ofli ittle lini- ment, and time and. rest. WVhen she returned to Bristol, Mlr. Da- niel and M'tr. Grant attended her in Nove'vsber, by whom an opera- tion was performied. About tour days after, witness saw Perry, and said uinto himr, " Do you remiember b-Aing called in to see Sirs. Richards ? He oaid lie had. Witness said unro him, " Hlow camec you not to set Cthe bone? lie said unzto witness he thouight he lied done so. HeI then asked witness how Mlrs. Richards was; and witness relid st him, he thought that she was dlangerously ill.-thiat she undrwnt "an o ertion, and her life ivas despaired' of. Witness then .6aid unto Nim, he was decputed to tell hiim, that if hie didi not call and make compensation, an action would be coinimenecd against hiim. Mr. Perry lives in a very line house-such a onc as witness would like verv mnuch to live in. (A laugh.) Cross.exaniiised by Mr. Sergeant 1W.r,E.-.-You are a shoe- niakcer, I think you say ?--Yes, that I am. Do youi get your bread in anyv othier way than mnaking shoes ?_ AMan,yother ways : let me hear'wlhat you mneat,. W andI inea! Do you get your bread by any other means titan maigadniending, that's what I ssy untjo yoti ?..-I don't know, Sir. Do youi follow Any' other occupation than nmaking of shoes, that's what I mean ?-I don't know, Sir; I get miy bread honestly, I know, by shioemyakcing, that'ai what I know. Do yout pre-ach ?-I amn at a loss to undersitanid youl. Then Sir I ak yo, doyou,foramiendmtent, instrucetion, or proit,hol foth,or reah, r dscorseto th ra~rons' ?I do not. Do v occsionaly epound the ?-o onot ; Isay miy Say yur payer-Oh!thenyou ray ab~ perhaps ?-I do So I thought. 'uVitness, in Isis farther cross-examination, stated that the plaintiff hadl comtplained of a sore leg before the accident that she was con- fined ta thec house by it, anti that site went to Felton for the benefit of the air, in consequence of' the injuiry which slhe receivedI iti the foot. by somaethiing fallin- on it. Pray, atid wliat led you to myake any inquiriy about tuie sliortnes or lengthi of tile leg. Hiavo youi ever stidlied surgery ?-.I have not. Then frois whomn did you learn that it was of' importance to ob- serve the relative length of the legs ?- -Sl1y wife told me that one leg was shorter then the other. Aly, hut fremn whonm did vou learn that it waS imporTtant to m-ake the observattion as to the relativeleingtim of the legs ?-Fron, my poor niother, whio is deatd and gone. (A laugh.) I asked hiim if Mlrs. Richard's legs were ot' equal leng,th, an,l he said -- How dexterouisly you evade anyv inqoirTies ; can't youi inform tue if anyv nieuhical mail hinfornetd youi, that if the hip was out of joint, one I~g wouldl be shorter than another ?.-No. Sirs. Sarah Smnith) stated, that the plaintiff was, hier sister-in-law, anti atterided her at Felton ; she mentionedi to Mlr. Perry that the knee andi leg were turned in. He examined it, and said nothing wart the matter, anld tie bone was 'righit. Sirs. Richaeeds came to witness', at Thornbury, where he contintied a monthi. Mr. Few- star and Mlr. Salmont saw her. Slie never left her roomn until shec was removed to Bristol, nior heed she been ouit of bed, except to have it madle. lher leg and knce were turned in at Thiornbury, as they had been at Felton, C'rom,.examined--Tlie leg and knee are teirned in ; any person might obscrve it. Sirs. Down"s is si-ster to the plaintiff; was3 at Felton while Mlrs. Richards was thiere. Air. Perry examiined her whilst witness was tlhere. Site went to Thorublury with Mlrs. Richards ; the horse was driven very gently. WVitness also accompanied her front Thorn. bury to Bristol. Slie was cotidticted in the same gentle wav. Thomnas Smitli was at Fel ton before Mrs. Richards was 'removed. He asked Air. Perry wits she fit and -able to go in a cart to Thorn. bury ? IeQ said, Yes. They brought her down and put her inot thte cart, VVitnesas said if nil was not right, might site lhave miore doctors ta ste her? Hie said there was no occasion, site needI only to apply the liniment to her hip. Mlr. Salmon-.-... am- a surgeon. I was ealled In to attetid 11rs. Richiardsi at Thornbury. I exanmined hter hip ; theta was an appear. ance of clislocation. I understood it was of four or five weeks' stand. lug. I adlvised the case to be referred to somte suirgeon, as I thought it was not reducible. Silr. Fewster, another surgeon, practising hi Thornbury, saw Mrs. Richiards thiere the day sihe was removed to Bristol. The knee and toe were turnied in, and one leg was three inches shorter than the other. Tue head of the thiigh boise was resting oni the dorstim of the ilimsz. Mr. Grant.-I am a surgeon, rcti8ing in this city. I attentled Mrs. Richards before the 2'8th ofrSaeptemnber. She had an ulcer in the foot. tier general health was tolerablv goodl. I saw her on Cite 6thi of Novemrber, at tier own lhouse. I ixainined hier, in company with Sir. Daniel. We fouind the hiip joint out. The bone was resting on thie dorsuitn of the ilium. Oine foot wa-s twvo or thrtee iseches higher tlitan Cte other. We mnade preparations to reduce the Iluxation. [lHe described ithe nteens that were used, end the mia. chinery whiceh was ernployed for the purpose of effecting the reduc. tion of the bone. Tile recital was very palintith, as, from the com-. plication of the machinery, and the strength that was obligedl to be used, the patient miust have unidergone great bodily suffering for --wtrd.s ef at hou.- Si men - ule the- rpes,Ant they brok _t verat towets. They wereeventually obliged to leststtro theattemp't as they found it would be no use to endeavour any longer to effect the reduction.] The witness could not forn anyopinion as tothelengthi of time during w,ich the dislocation existed. It was not very recent. If tle bone had been reduced on the 28th of September, it could not have again been dislocated before the 8th of November, without ,great violence, and without the patient being extremely sensible of it. A recent dislocation seimloin fails of being casilyjeduced; an old one often fails. Mfr. Daniel. a sugoeen of Bristol, was called in to attend Mfrs. Richards on the 6th of November, with the last witness, aud he gave the same accounit as that gentleman. He was of opinion that it was not a recent dislocatioit. Dislocation is as apparent immediatelv after it takes place, as It is a month efterwards, unless inflatn. mation took place in thie meats time. The turning in of the knee and foot are plain symnptoms of disloustioti of the hip joint. Mlr. Perry had been in practice a great many years. Iais practice was very con. siderablq. This was the cast for the plaintiff; Mr. Sergeant WLILDE sutnmitted, for the defenoc, that the decla- ration setotit with deelaring that the defendant was employed by tlhe husband of the plaintiff. That this was an action not of loss, but of contract_a contract which was entered into betweets the departed Mtr. Richards ani thic defendant, antl for the fulflrment of which he could not be responsible to her. The Categ- J u5TIcO saidihe should peefer h;aving the case gone ti'ropgt and if any objection arose in law, he might have the oppor- tisnity al' moving upon it in thetCourt above. Mdr. Sergeant WILDEB thenl addressed thejesry for the defence. lit called the following witnesses : Ssarh browis Ia lAiidMy ot tlhe Anehor pAibe65usE taenii. betes Mrs. Richards being brought to her kotse in 8epterber last ti consequncce of an accident. Mr. Perry was sent fr, and hecame as quickly as possible. Heremained with her upwards of an hour. As soon as he had gone, AMrs. Richards said she could not lie op her right side on account of Iyingso longbefore with a bad lcg. She thed altered her position. She remained. at witaeers one week, during wvhich she visited her frequently. Cross-examined. -She was plaed in the cart on the dtli of Octo- ber with all possible care. She domplained mote of her foot than she didof her hip. Sarait 'Vilcox stated that she was in the room at Felton. When alr. Perry came in ke examined her hip, and said it was out. He then ordered her. to be bled. Her husband leantd over her and held her. Witness and two otiAer womea held the towel and pulled it by Mir. Perry's desire; they puUed it with all their force for some tinte, when Perry examined the limb, and he said it woull not do; they must try agint. lie then found it wouldi do, and put her two feet down straight together. .ils coat was off, and he pulled with great force, The toe and knee were then perfectly straight, ag the other foot was. They were in their naeural position. Both legs were of thesame length. He ex- amined her hip then. Iletold herto move upa her knee and she rewv it up to her body several times. She said she had felt much pain during the operation, but was much better after it. Mr. Perry applied bandages roand her hlp. After Mr: Perry left her, she did not lie still, but moved herself in a see-saw manner. lUartha Beard attended Mrs. Richardis at Felton, and was present When Ilr. Perry examined her, and found the hip.bone was out. She then described the attempts that were made by AMr. Perry to reduce the dislocatien, and the natural positAon of the feet after the opera- tion, aud onfirmed thestatement of the last witress. Jawnee Leonard stated, that when Mrs. Richards had been at Thornbury, he 'was tent by lr. Richards to Mti. Perry o say his wife was better. Air. Smith is a surgeon, practising for nearly 30 years. Has been in an hospital for almost the whole of that time. In case the hip had been dislocated, the capacity to raise the knee up to the body woald be indicative of the hip being reduced. A violent emo- tion might injure the capsular ligament. In case the constitution was in a bad state. redlislocation would be rendered more facile. the had known Ar.Perry for 12 years,durlng.whlch timehe practised as a surgeon. Reduction of a dislocation gives immediate ease, and the pains of moving the limb would be lessened. The position of the feet was a proper thing to be attended to, as well as the equality of length. They are the chief tests of tlhe uccess of the operatien. CroEs-examined.-After the reduction of a dislocation there is a great risk of re.dislocation, so as to require great caution. A person In such circumstances should be kept very quiet. The patient shiould be kept quiet for 10 days or a fortnight after reauction. If a Patient was in a strange place, and desirous of returning home within a week, a surgeon would not be reprehensible for permitting her so to do. Mr. Richard Lowe, a surgcon, practthing for twenty years, and 'who has been 18 years a surgeon of the Bristol Infirmary, stated that there were several sorts of dislocation, some upwards ana outwards, and then the dislocated part is easily perceivable. An- other symptom of the species of dislocation is the position of the knee and foot. The equality of the legs, and the capacity to raise the knee. are proofs that there is no dislocation. Some of the ligas ments must he broken in dislocation. Any degree of motioni would retard recovery, as it would prevent the adhesion of the ruptured ligaments. Cross-exairTined.-In the dislocation upwards and outwards, the knee and foot would turn inwards. Re.examined.-The appearatce of the leg andi knee would be such as to satisty a medical man of common experience that there was a dislocation. Dr. 'Wallis, professor of anatomy.-Tf a didlocation took place, and after an operation to reduce it, the knee and leg were placed to. gether in their natural state, he should not doubt of the reduction. He shoull have still less doubt in cas the patient drew his knee up- wards. It is natural for the patient to bo able to make this motion n ease there is no great injury to the adinnt parts. The recovery of tthe patient would he retarded or accelerated by the state of constitu. tion in which the accident tound the patient. Notion would retard the recovery after reduction. MIr. Nathaniel Smith, another surgeon, corroborated the state- meat of the last witness. The LOnD CIHIEF JUSTrcE summed up in a manner quite fa- vourable to the plaintiff. The Jury, without hesitation, found a verdict for the defendant. This trial exhibited a signal instance of the want of care which is somnetimes remarked in what is called the getting up of a case. It will bc apparent to those who attended to the trial,thatit was of vitat importance to ascertain whether or not Air. Perry had reduced the dislocation in the first instance at Felton. Every medical man knows thatin the reduction of a luxation of the hip joint, the return of the b.ill of the acetabulum is attended with a noise of a very pecu- liar kind; and yet the question whether such a noise was heard at the time when IlIr. Perry was stated to have reduced the bone, was never puit br the counsel on the one side or the other. This is the more surprising, as there were nearly 20 medical men in court, most of whom were in constant communication with the attornies on the one side or the other during the trial. ,qmm-Pn Agglm. i,AWCASTER, aIONDAY, SErTEM13En 6.