The Sun. — 1848-12-20 (London, England)

THE SUN, LONDON, WEDNESDA Y EVENING, DECEMBER 20, 1848.  in two or three years with proper treatment, but if the a-m had not got well it would not have produced death. Irritative treatment was bad practice, and showed great ignorance. Cutting it was grossly injudicious, and so was putting hurds in the hole; and, in short, the treatment of the case by the prisoner manifested the grossest ignorance, and entire absence of skill. Two other surgeons gave similar opinions. Mr. PICKERING (Mr. Foster with him) addressed the jury for the prisoner. He said the charge was that of want of competent skill; there was no pretence that the prisoner had been in any degree negligent. He called witnesses as to the prisoner's skill. Mr. OVEREND replied, and Mr. Justice MAULE explained the law with great care and minuteness, which was in substance, that if a person without necessity took upon himself any art or business requiring skill, and for the management of which he bad not the ordinary and requisite skill, and death ensued, he was guilty of manslaughter. his Lordship then went through the evidence. He had shown in his affidavit overweening confidence in his own attain ments, having shown he believed himself capable of curing all curable diseases. If surgery was, as believed to be, a progressive art, that confidence was in itself a proof of the prisoner's ignorance. If the spelling of the affidavit was a copy of his original, it disclosed ignorance of his mother tongue, but he might for all that be a skilful surgeon. The jury retired, but were not long absent. They found the prisoner Guilty. His LORDSHIP, addressing the prisoner, said it was an aggravated and cruel case ; the deceased had been misled by his preposterous pretensions. His treatment of the case manifested the grossest ignorance. He bad cut off a young man in the flower of his youth by his gross ignorance and overweening conceit; and the sentence was, that he be imprisoned for a year. John Foster, aged 30, was indicted for the wilful murder of Robert Slater, at Bradford, on the 2d of October last. He bad been a soldier, but eighteen months ago was discharged, because he was subject to epileptic fits. Ile had since then worked as wool-comber. He was not defended by counsel. Mr. Orerend and Mr. John Smith were for the prosecution. The circumstances of the ease, which will be fresh in the recollection of our readers, were, that Foster and Slater, after spending the evening in company, at Bradford, left together. The next morning the body of Slater was found in the river, and soon after prisoner gave himself up, and confessed that he had thrown deceased over the bridge. The statement made and signed by the prisoner, before the coroner, was then put in and read as follows:--"The a bole of what Tilley has said is true. I was not sorry for myself,tbuLl was sorry for the man. I had no illwill against him, but I had been desirous for a long time to do something to bring me to the gallows, and if I could have found a smaller crime I should have been glad to have done it, but I could not find one that would hang me.  HIS LORDSHIP recalled Tilley, who, in answer to his question, said the prisoner, as far as he ever saw him, knew well enough what he was about. He was sober when he made the confession to him. He seemed in good earnest.  Mr. Hopton, a surgeon, in answer to questions by his Lordship, said he only just saw the body, but he beLevet!, from the blueness of the face and bands, that death was caused from drowning, He could have better known if he h3d made a post mortem examination. Apoplexy would produce blueness, but he thought not to the same extent.  Mr. Justice MAuLE told the jury that the indictment charged the prisoner with having caused the death by drowning. The mode of death was not proved, as desirable, by the strongest evidence of which it was capable. The surgeon who had men the body had of iy just looked at it, understanding there was to be an inquest, and the examination of the body by a competent person had been omitted. It was an essential part of the present inquiry that they should b., satisfied that the deceased came to his death by drowning. They, of course, in considering that point, were entitled to take into consideration the prisoner's statement. He then remarked on the very extraordinary nature of the case. It was, he said, a very round about aay that the prisoner had taken in committing suicide, if he even had done the deed. He would have thought it would have been a less objectionable thing for the prisoner at once to have destroyed himself, than to have tr ken away the life of another man, if he had any ish to die. _ _  The jury retired, and after being absent one hour and three-quarters, returned a ♦erdict of Not Guilty. The prisoner on the whole seemed pleased for a moment.  His LORDSHIP told him he had better beware in future. If the jury had found him guilty he would certainly have been hanged. The prisoner said that would not have been a bad thing if he were prepared to die. While he was a soldier, and when on sentry, he had a fit and the bayonet of his musket had run in at the frout on the left side (ot his clothes or body, it was not clear which), and come out under the shoulder. lie was in the Guards. lie was then discharged with a pension of sixpence a day only, and no one would employ him in his trade on account of being subject to fits, lest he should fall into me dye-pan.  o;erend said that his friends had offered to procure counsel to defend him, but he sent word if they did, he would plead guilty. Mr. Noble, the governor of the prison, said he had hA many fits since he came into custody. He consich red him insane, and wholly unfit to be at large. The prisoner smiled at that.  his LORDSHIP said he should not at present discharge him.