Worcester, Wednesday, Aug...
BeTrerMr. J/tte l,IATTLtDALE. a.zd a NSoeeial .F"t,. This action, by a suirgeon and physician io Worcester, agaimtf a lady of thesame city lor stander, excited a degree of expectation, almiost without parallel in this city. J.4ong before thp houir appoint- ed for the sitting of the Court, all thte placet intnt bndyof the hail wcre occupied b a most respectable audlence,alsrge Proportion of whom were elegantlv dressed femnales. Even the ledges an the oatside of one of.ithe' windows were occupied by persotis eager to obtain a mere sighit of the proceifaings ; and t-heir postion ex. cited much laughter. At nine o'clock, 11ir. Juistice -LITTLE.. DALE entered the Court, and was withi great difficiltv ushered to his seas. At the same moment, the doors of the gallery were opene and it was filled at the first rushi. Aniother cause wa called on, hut ul timately it was arraniged that the case vwhich had drawn the aulditory together sbould be taken, in order to accoDn. nmodate the inedical witnesses. p OSeme special jurors ansvweredl to thieir names, and a flaet was prydo he part of the.plaintiff: hie jury baing sworn, Alr. RYAN- stated the substance of the pleudings. The declara- tion Stated, that the plaintiff' was a physician ant' surgeon, and had in thnese characters attended one Mary I-aac with attention and skill; but that the defendanit spoke certain words imputins'e to hlin improper conduct towards, the patieRt,(especially in respect of the ad. mnis-ittration of an emetic,)with a view to injure him in his prof~s. sion. To this thie defendant pleaded the general issue, and alsio several pleasjustifying the slaLnder at trut-, and asserting that the plaintiff so unakilfielly administered an emetie to Mary 1saac, as to endanger her life. Mlr. JERtVIS opened the case for the plaintiff;, whrom he descsbe4 as a medical gentlermen of high character5, who for some vess had practised as a phytician and surgeon at Worcester. The aefendant was a latdy of rank and t'ortaine residing in the College-green' 'of this- city. M[r. Pierpoint. had been compelled to bring this action fur the purpose of vindicating his professional character from a foul and ground(lessi calumny cast on it by the defendant. In bringinig for.. waLrd this case, lie did not seek fee; large damages on their Own ac, count, but as the only complete vindication which he could receive, after the means whih had been taken to deprive him of hist good fanie, ard of his meansc of supporting a family. Ile wais married, his family was increasing, and he th,erefore felt most keenly thie value of that reputation which he had honaaumbly earedi and wbich promisedl to afford the means of comfortable Support to itimself and his children. On the 23d of Mlarch, in last year. he was retquested to astend a lady namned Isaac, the widow of on-e of the partners in thie Worcester bank, anid sister of Miss ShaDnlnd. She had pei onsuly been attenAetl by, Dr. WVoodgate, a physician of great eminnc at Worcester, who liacl recently died, and she was now recoussieded to avail herself of tAte talents of Alr. Pierpoint, who had aLttained a very, considerable shiare of practice. !Ie attended her for five days, anid prescribed far her from timne to time in papers whichi were now in court. On the 28th Mlrs. Isaac felt an miuch recovered t1hat she set out on a visit to Sir Anthonyv Lchmnere, at a distance of eighit miles fromi her home.- W'hile ~s-itb him, she w&as not, perhaps, go attentive to regimnen as she miighit have bee-n in her own house, and, upon) her return, she was again unwell. AMr. Pierpoint asrahi visited her, andI thought it niecessarv to administer an emetic. This miedicine was taken on the I0th of April, and afforded sot much re. lief', that the patienit declared on the following daysihe "1felt in Heas varn " On the 15th of Ap~ril, Mirs. Isaac left her home on a visit to her friend Alirs. W'elchn, at l-lawford. and there continually enioyed the benefit of'a,r andi exercise Having received a visit frorr. a Qvd rincite neigltbotiho-od. Si rs. kIerd!t'cas, she wilhed to her house t~ return the call, and became ill fromn excessive exertion. She came biack very ill troni Woree-ster; andl her sister, Sl iqs Sh&pland, har. ing returned fromn a visit in Herefordshire, prevailed oni her to &xl in Dr. Alalden, arid so discontinue the services of the plaintiff. &j- plain of sucl a chanige-...but he naturally sought toobtairan explana.' 1 tionof this circumstance,and to exoneratte himself from blame. About the 12th of. Mar, AIrs. Clifton, a lady, of highi respectability, went to the house of Amr. Isaac. withi whom 'she wats intimate, to intquire after her health, and there sawAl iss Sitapland. On this, occasion the defen- daut thiought Droper to assail the character of the pdaintiff, statin th.t he was a fool, and nearly oce;asioned the deadh of hist pateng A ew daves afterwards Mrst. Clifto-n received a nmessage from Mrs.' Isaa rq.uesting her to call at her hiouse; SINrs. C-lifton went. and there Saw bothi Sir. lsaac and Slits Sitapland. After an interviewv with the former, the purport of which would not be evidence in the cause, she conversed with the defenidant,who aLbused the plaintiff for his conduct ini administering the emnetic., and spoke of' huin " as a foiol, not fit to be crusted." At length Air. Pierpoint hieard thiat Nfist Sthapland' litd been aspersing his character, and called on Mrs.. Clif- ton, withi whotiti he was intimate., to know if she had heard any thing ass%erted to his prejudice, and which it mighit be necessar y for him to refuteaor explaitn. Sit. Clifton ldiinot repeat altlicat she hadl heard, but merely told him she believed Miss Shapland thought the emetic a rash expedient. As he found the slander spreadingr, he requested Mvrs. Clifton to wait on Misis Shapland. and inquire the grotrnd on which she thought fit to call his conduct in qu-stion. The lady, however, treated the matter very lightly, SayingR that Sir. Pierpoint mighit pocket the affront, end repeating th~e accusa- tions she had already made. All ap,log ed explanation bring re- fused,lr.Pierpoint hiad no means, of redrssleft bat by bringing the case before a~~irv'. atid aflTrding to ithe defend ust an Oporupnityi of proving the truthlat her assertions. Being informed, however,'that MIrs.. Isaac was oSn the point of death, and conscious tchat she must have enough of trouble,hte forbore at that time even to vindicate him. self by commiencing the action ; end hience arose the delayi to which lie felt it his duty ac submit. Slits Shapland had not only refused to retract the charge, but had placed it on the record, and had ssserted, itn the mnost s;olemnn manner, that it was true. To prore that charge he niow challenged her; and on that failure, which lie confidently anticipated, asked of the jury such damages as wotild prov,e his cha.. racter to be without stain, anAd would Secure wo him the fatir exercise of thiat honourable profession in whichi lte itad emnbarked all hiis hopes. John Cruicksitank, Esq., Secretary to the SAlarisrhal-college, Aberdeen, prodluced the dliploma granted by that university to the plaintiff in 1822. Fhis diplomra, in Scotch Latin, was titen Partly read, amidst the laughter of: he C-ourt. Sir. RUSSELL., for the cdefendant, waved the fuirther reading of' the documenti, observing that the CDurt was not likely to obtain much informnatiosi from it. Sir. RYAsr, said it was signed by some of the first mnes in Scot- land. Air. Cruickshank, in an-swer to a questioyn bY Mr. RUSSELL, said, ithe cost of the diploma was ahorLgeuter abouti261. The stalaip was ill. ; and the rest cousisted of fees. It was then proved that DIr. Pierpoint, in 1811, was admitted a tnetuber of ctte College of'Surgeonn. After a considerable delav, arisinz from the difficultv of intro- ducing the witness through the crowd, Mlrs. Elizabeth FrancesCli- ton, a lady svery elegantlv attired, was callet and examined by Mlr. JEaivrs_-.She said, I am' the wife of Mr. Henrv' Clifton, liegiscnra of this diocess. I was intimate with the late Mrs. Isaac, who li'ved on the College-s'reen with her siste:. Slits Shaplan&L Soon after her return from Hawford, about the 12th of Sla y, I called to inquire a-'ter her health, and met Slits Shapland. I told her I camre to tn- quire after her sister, who, I was sorry to he-ar, was ill. She said, It is very well You found her alive, for your friend Si1r. Pierpoint has nearly' been the death of her. rInever was go angry as whlen I f'oand hieliad been called in, during my absence froyntlhome." Sirs. Isaac was then too ill to see me. In about a oupilPe of days, Slits Shiaplanid sent a message that SArs. Isaac wished uo see Me; anti I wenit to her house. I saw her, and had a conversation wvithi her about Dr. Pierpoint, which lasted a qutar.. ter of an hour. On leaving Sirs. Istac'N roots, I met Stliss Shapland, whio said, H -as my sister mentioned cite Pierpoint bu- siness ?" I replied, "She has." She said, " Did vou ever hear of such a thing as hi, giving her the emetic ? a great fool and idiot as he was ! He is not fit to be crusted. Every thing he did for her was as b.ad as it was possible ; end it was only a mercy that She did not die on the spot after takinz the emetic; at nothing was so likely to be her death from t-he bursting of a biood-v~Lsel,mn the state Of hir body." I eaid, I understood she hadi been rclieved by it." She replied, " Yes, shec has luickily, but it was all luck." i asked " if- the doctor bad said so ?" meaning Dr. Sliaden, who then attended )Ilrs. isaac. She said, '- No;, he does not say so, but we all knolw it is so;, all her friends think so too ; she was dying by incites under M'vr. Piernoint's maanagement." I said. "' I was astonished. for I always hecard hi-s skill was attested by' medical men of great ecmi-. nence." Site replied, " 1 have iteard so coo ; but he has proved himself the reverse; for there never was so ignorant a fool1 who, attentpted to praCtice He scarcely knows hit right hand frm hsleft ; he cannot explain a single s;ymptom, and. knows no more about her disorder than yud.Iwl cake good care that he never enters the house of anY friend ofr mine, if I can help it. I hope my brother mnay not meet himn, for he is so enraged against him, I can't answer for the conse- quenices." This was the whole conversation, in the proPer order-the order in which it took place. MAy husband and I are intimate with Dr. Pierpoint, who had learnt chat I hati been sent for to the hotise- of Mrs. Isaac, and he called upon us in consequecuc the next day. I afterwards communicated what passed to SJits Shaplandl. I told her Si1r. Pierpnint had been with Me, vrn inqurie 9 m On the sub-. ject of his dismissal from Sirs. Isaac. lHe had ake mue, as a very intimate friend, wheteber I lied heard anyr dissatisfactionl at his con- duct, and whiether there was any,thing nartictalar whidh thet' com- plaine_d of. I men tioned toiher chat hUcx prested hitnself ex-ceed- ingly hurt at the manner in which he had been dismissed his live- lihcmod depended on his medical reputation, and t herefore he was anxiooas to exonerate himself from any blamne which neight a-ttach, to himn. I said he had spoi.en of the delicate Situation in which he was placedl, and added that I also was placed in a delicate situation, in consequence of mny acquaintance wllith botlt par. ties. I told her he had suid that her connexiOns wvere of much iniportance to hinm, end thar it was desirable he should be esteemed not omaly by his friends, but by the public. I mentioned to Slit Shaplamid that I hiad not comrnunicated to AMr. Pierpont the offenIsive expressions, but merely that they foun~d fault wilth th-i emetic.. Upon this, S lies Shiaphand said,"1 I hold SMr. pierpoint in the great. ets contempt," anti repeated all the expressions she used before, anid added,-, It evet the subject is mentioned again, you maPy rePor what yo ese. Fool and idiot as he is, 1 care not what be kos l liis friends are of uiv opinion ; and as for Sir. Isaac, of Bougbrhon,. lie says he is nothing less than a downright fool.-A" Sly `msansp I shortly after dined with Alr.Isazc, of Boughton ; but Slits s &;4 land was noz there. Afe hn,IswS t hpland again, and she then mentioned having heard something from Mir. Pierpoint,whti had endeavoured to frignten lier by talking of an action. She asiked mne if I ever heard of suchi a timing. I replied cha I nwh wse- ceedingly hur t ; she said, "If he is affronted, why does not he Docket it. anad no one would have known any thing abDut tL."'D. Pierpoint now attends in my husbatid's familv. Crossexaminel hy SIr. RUSSELL.-i haVe lived for nine years. at Worcester, and have been verv intimate with .irs. laae. Al itss Shal'land has constantly resided with ther. To a detrec I was intit mate witti hier ; you may sav verv intimate. -Mrs. Isaac was attended by Dr. 'oodgate, who died in February. Tbe plaintf is usually caUled Sir., not Dr. Pierpoirt. r. .J ERvlS.--le have had notice to produce the brass plate on his doer. (A latigh.) Tie wittsess proceeded.-He hade a plate on imis door, " Ar. Pier- point, sutrgeon, ' till .May last. It is not there now. I did not ad. vise its removal. Theplate isnow " Slr. Pierpoiut" oaly I Made a written memorandum of the slander, at first bv rny omn sugges.- tion, and at last by Air. Pierpoint's desire. Trbe converMtions we e all committed to writing in the course of a fortnight- I made rry notes at home;-not in SIr. Pierpoint's pre-sence. I did not advise the plaintiff to bring the actioti. It tas been explained in my 0sn evider,ce, that I have not desired the ati on so be brought I am speaking from mv own memorandutq when I say tMat I have not read Mr. Jervis's brief, nor any part of it, nor havee I heard it reas.. The declaration only was shown to me. By ;Y evidence," i meant the explanation which I gave when I hoped that tnemnatter would have terminated diffezently, and which I thought was befee Ur. Jervis. I have kiown hMr. Pierpoint six or seven years, anrd in the last nine or ten months have employed bim as atmedical mtu. Before that Citue I have occasionally asted his opinion, besause we were intimate. When my son Charles had a bad fiumer, t Is a ,ed; iMr. Pierpoint's opinion, bet I have no right tojudge oft. Pier. point on that occasiot. After this, I wrent With the child and allrny) family to Birmingham, on a visit. The case turned'out to be Veiy , serious-'n eminent physician at Birrminghanti effiected a cure. At, my first interview, I mentioned this circutstmnce to Miss Shaplanld. At the time of these conversations, Mliss Shapland was uneasyabout her sister, whom she tsougla in danger, bnit-i dia nt1 0 syg;y that esprts er Priicular-ly low, - VT% Isaac died n the Oils of ,er Ipn heM rosAr. Pie-rpoint tbut the letter produced vas tleat hi tie heTegretfedathat such a lettershould hewritters uthmsthvit done. T heard him regret that the letter should e eta kttm ; he COUld not be aware pf the situation itn whichi irs.sacws.Id not'understand that MUr. Pierpoint received any Re..examinea....Mr. Pierpoint only attended my chiild once when 1; and I was then goiing to Birmiugham. Mlr. JamLe Hiulston...4 practise as an anothecary at Worcester, fr. Pierppintlbsaaacised here for seveni o'r eight years. lie has Ien in the hbt r.pmcribing as a phyBician-i h ave made up ihi tregeriptioIis. Croassexamined by Mr. PstxLLIPS.-I. believe hie has uractisel as PhYsician from the first: I think four Years. Physicians' pre. critios ae nt away signed. I do not know wvhether Mir, EPier. in'swere igned Clehas long been surTgeon to the Jnfirmary at Re-eKarniinePl...1n WAVrcester it is usual for the same persona tc Iractise a5 physicians and surgeonis. The prescriptiOns. I have made ip were all in medical cases. Mr. Howell.-..I ami an attorney at Bromegrove. I lhave been at.. endedl by the PlAintifffor several years. lie prescribed for me as a hysiciani. I was particularly satiafled with his attention and skill. Mr. John Hyde..lr. Pieroit attended me lust year with a heumatic fever, adpecidfome. Cross-exarnined.. mntqiewl yet. (A laugli.) Re-.examrined..jmqut atfied ithi Alr. Pierpoint's at. etion and sk-ill. Tefvrhslft me, andI the weakness only Mr. idwarA Moris....1practise as an apothecary in thlis city. resclptonsWriten y Ar. Pierpoint have been made up in my Cross-exarnined....If. I kniew a patient was afflicted with a large umour in the stomach, I should nut prescribe an emetic. Re.examrined....The Bywrptyitms at the time, of course would regis. st y ~u cut on'thai question. Ar ElsaM sstaa, partner in the Wrorcester Old Bank, saidl Mlrs. saa deeaed asthe widow of my uncle. I knew that she was tteued y Mr Pirpoint. I eid not use the expressions alluded in te evdenc ofmr. Clifton. roaxaned.-.Tnere was muchi attachnent between Mlrs. aeanMisShapland. A icsinhere took place, whtether the plaintiff's counsel Irudpouetheir evidence to Llisprove the juistification now, or n rely t theevidence of the cdefendlant and at last thle latter urewats agreed on. The plaintiff's case,tehertfore, closed here. r.RurSSELL addressed th ejury for the defendanit. He thought a 8sigal p-soof of the talents of his learned friend that hc h~ad ne able to lay ithe weak, imperfect, and frivolous case of the plain. ffbrore hemin ay t ingltrea decent form. By this declaration, Zr. ieroin, atercalinghimself in one count a surgeon, in an- ther a physicianadin a third "a inedic-al practitioner," so as to nclude the anomalouta chiaracter he filled, without proof of a far- hiz damaige, bad the imipudence to ask thejuiry to give him 5,0001., udconsign the defendaut to ruin. W~hat maichinery lhad he set in otion for the purpose of working up sonrathing of a case for da. ae!To-day he w;,s a physician yet till this day lite wvas siever erofc,xcept as a surgeon; nior did Airs. Clifton herself dre-in h'hrfriend was, a doctor, t:ll he prodiucedti notable di.. hm..his pocket-pistol sIudliora-ly concealedEttohiestablish his lm tothat title. (A laughi.) 'it was amusing to see the am~ this ten t weapon ot annoyance, which was purchased at bee ns of 2flandl thie long azite mvsterious additions. There as" 2.Kda .10. I., S. D., ii. 0. 0. P.,' (at iughi,) and Gerg lene, P.P.," whbich probably stood for parson of the rh,womust be needed after so miany surgeons. The first inestion which the jury wouxld have to ask was-whether thee defend. at spoke the words imnpiited to her wickedly and maliciously, and ith intLrnt to injure the reputationi of' the plaintiff; because if she pokethe on ny ustifiable occasion, shie would be entitled to a ~ eelt o te gseal sse. Whien they consitiered that she found ~r. ieroin atendng bMov'ed sister, to whiomT he hati been celled ~lurog hr asenc.. atha shie conceived that sister hiad suffered from 1swant of skill..a.nd that she addressed hier complaint, in the nuless of her heart, to her intimyate friend, at a momnent whien even listake arsn rmthe apprehuenii'eniiss of ke rigfolaffection mighit be ~xue,urely thiey would not thinik that she was liable to an action "hnhrconfidence was betrayed. Was it fair, was it just in Mlrs. ~Cifton at such a timne, whien iter friend was watching the cleath.-bed ofher near relative, to go from- the hou-se of sorrow, to bear tales ~fscandal, and to vex and harass the sufferer about Dr. Pier. ~pant's medical skill ? But "AiMr. Pierpoint requested an explana- ~in of the cause of his dismiissal." Did he so ? Then sairely hie ught to take the conse uences;-..not to ask the qutestion,and bring an cion for the answer! V~as it to beendured that astirgeon should take urbrage at the calling in of freslit medic-al atid, and dematnd an explanation, and then bring an action for the explanation given ? If be chose himself to publish that explanation, to seek out matter of cbarge which might have been buried in the bosom of the inidividual, asnd becomehis own slanderer, was he to ask 5,0001. as a recompense? But Mliss Shauland would rot leave the case here ; shie would esat- ~blisli her justification ; she would show its truth to the letter, and tall oni the jury to confirm her opinion by their verdict. Mlrs. Isaic died ofalarge tumour in the stomnach, inflarnect and ulcerated, -hich, withi the diseased part attached to it, was found to weigh no less than seven pounds on thte opening of' her body'. Anti yvet Air. Pierpoint, two months only before lie ileath, adiministered ~a violent emetic, w'iiclr must tend gr-eatly to hecighiten inflammation ~nd ggrvateallte Bymptorns of ttiedisease. And whiat drink did ~ topresribe Thjury would be suirprised to hecar that hie reconi. mendd brndy uchwater as a proper beverage for dlaily use! The effects ~of thi ous o rarmrnt were such as mtight be expected: the patient grew worse, and was found by Dr. Malden in a state of high fever, attended with violent inflaimmatory symptonis, which hec wa, forced to reduce by niedicine anti bleeding. It requiretd no great slkill to perceive thttt the COUrs4e adopted was imprope:r; but distinct evidence to that effect would be laidi befoc-e the jury, anl rhey wouild have pleasure in giving tiseir verdict tbr thie defendant, who had spoken to the agony of hier feelings anti the honesty of her heart, and who had been brought into dis-ressing publicity by the conduct of a treacherous friend. Mar Mmonel was then sworin, andI said-I lived as servant to Miss Spland and the late~~ialonl Mrs. Isaac, till Airs. Isaac died. Slite was ill a considerable time before her death. Ir. thie latter end of Mlarchi 4Mr. Pierooint began to attend her. He was introduiced to her room whiere she was in bed. I was in thie adjoininig room, anti heard wfiat passed.- She requested him. to examine her stomach, as she thought there wvas an enlargtment, ard sometliinggrowing in it. Re continjued to inquire as to her feoeling, and shie toid hiim where she felt pain. He toldher not to alarm herself; there was niothinig there, andi all would bewell. Pills came, and theni an emetic. I gave the emetic; it operatedA with great violence. Air. Pierpoint came the same evenine, and was surprised at the result. Whisi]e the emietic operated, MNrsisa seemned in great pain. The itext dlay Mrs. Isaac said she wayi a little relieved, but her stomacis felt very sore. After this, Mrys. Isaac grew worse. WhIile she was staying at H-aw. ford, MVr. Pierpoint asked how she was, and said she must continue taking the medicine. Slite took pills, anid drank brandy-and..water twice a-day, by Mr. Pierpoint's direction. After Dr. .Maidlen was called in, she took no more brandly and water. When Air P'croin w;Ls called in, Miss Shaipland was from home. Mrs. C ifton lived next door but one to my mistress, and often celled upon her. Cyoss-examined.-I recollect MIrs. Isaac goinig to Sir Anithony Lechmsre's hiouse. We were there about a fortnight. I was not present at the first conversation between Mlrs. Isaac and Mir. Pier.. point. I only know of her taking once an einetic, which was years before. I think site took brandly andI water before the emetic. Shte was very tenaperate. A desert spoonful of brandy in a small tumbler of water was ordered for her by ir. Pier oinri. Slitetook it at dinner, and sometimes when she went to bed~. After this she wcnt to Hawford, but was no better. She aged to walk out on the terrace I do not know that she w3s hiurt by a walk to Alir. Herd. lucas's, at Beverley. Rc-examined.-I: am. not living with Miss Shaplandl. I am mar. lied,-and live at home. Dr. AMalden.-I have practisedI since October, 1817. 1 was called in to attend Mlrs. Isa-ic on the 27th1 of April in last year. At that time she was visiting at the house ef Alr. Welch, at Hawford. She had then considerablefevr Her pulse was at 100 in a minute. I examined the stomach. She comnplained of tenderness in several parts5 but not severe; it seemned to arise from distetition by air, and the inflammation of the contents of the abdomen. I ordered mediine andproose bledin tosubdue the inflammatory sympoms. On er ~urn o Worcester, she was bled by te lrce, ad reeatdlyhtyleeches. The inflammatory avsutons lft hr uderthistretmet. I ordered her to disconti- fluebrady nd 'atr,a to muh iflamation then existed to allow ot sch astiulan. I xaninedruebody of the lady after death, and found a large tumour(which te witness particularly described). It must have existed any years Dilated brandy and water would not hurt the stomac inthat stae ifinflammiation did not exist. In the state I foundI her it wotild be improper. If I liad ascertainedI the existence of tie much disease as I found, during the life'of the pa- tient, I should have considered an emetic improper. I found too Ynuch organic disease in the reion of the stom.ach to allow m-e ro administer arn emetic. I thinklI shoulti havecdiscovered it a niiouth previous. Cross-exal-Aineel.-If inflammation be excited byvvomiting,itis likely to begin from the time of the vomiting. If the pa~tient becatne better, and so continued fora fortnight, I should infer that the inflammation 'was not caused by the esmetic. I have practis5ed seven years at WVor. caser;theplantif cme fte me I nownothingabout M?r. Pier.. poit'sprctie; ieis patiula fren ofmie. Aledical men differ as t theproriet ofadmiistringemeies inrt Icu cases. rs. Isase gotaceadily better for sometime, bu t sh ,e Xiea. rI ilurarPiaerepso i nt Ihiad no ntic oftheopenng f de bdy.I can attribute appearances in the tomch o te eetic beaus itwasimpoasible,in taking a re- view of the probable exciting causes,to leave rite violent action of an emetic our: of the qusto, prvded an etnietic hati been adIministAer.. eel- Had it been adiisted six months before, I shoulId not have 1l'l't quite out Of the question. I cannot speak to a year or two yr. -s Idnorecollect iaraing said that, In mny juidgmrent, the treatment was Proper; but I will ntot swear it. I may have raid somlething favourable to Ailr. Pierpoint, as I wished to give a favosir.. able iMpressioti of his con thuct and skill. fir. H- astings', a phiysician of Worcester, was called to speak to his opinion.of the proipriety of the branrly and water and emetic; but he did not lpea~k,deciskively en the subject, as he hiad never seen tise patient wvhile living-. Dr. Lewis, a physician practising in Worcester, judging from the description] of the body, and the state of the patient, thought the ad- ministratirn of the ecoetc on the 10th of April injutlicious, and the brandy and Awaterlikelyto produce inflammation, and that a medical man ouzht to itave discsvered the tumorir. If, however,tbe emetiepro. duced reli f, the stomach could scarcely be in a state of ulceration. Soreness wvouls manitest some inflarmartiot, or might arise from mere mousetlar action. A letter, dated the 31st of Alay, 1823, from the plaintiffs attor- alies to the defendaint, threatening proceedings, was then read. This was the case for the defer ant. In reply to this evidence, the counsel for the plaintiff called Mrs. WVelch, who said she resided at Hawford, ant had known the late Airs. Isaac many years. Last year slhe visited Sir A. Lechimere, and afterwards came to visit the witnesa about the middle of April. When she came, she was in a very iniditferent state of health, and grew worse ani1 worse. She walked to Beverley one day, to returin a visit, about a quarter of a mile off, thsinking herself better for ex- ercise. She said she thought it dii lier gaodt. At first she thought herself better, but she certainly afterwards grew much worse. Alr. Pierpoint called once or twice to see her At first she thought her- self better for MSr. Pierpoint's medicines, but afterwards changed her opinion. Dr. Malden was afterwards called in, at the wish ot Miss bhapland and of the vwitness. Cross.examinedh.-Mrs. Isaac was very much and deservedly be- 0oved, and so is M1i]'t Shapland. They were much attached to each Other'. ,rs. Isaac acted as a mother toheryoungersisters, and they felt towards heras to a mother. Mrsa. Isaac thought the medicine too strorg. blias Shapland was in agonies at the death of her sister. Dt. John Johnson, a phy.ician at Birmingham, in extensive practice fer thirty years, said the expedienct of administering an eisgtie mgVstAepen4 en the symptoms of the momrent. If called in when- Dr. iVlalden was, he could not tell what the symptoms had been on the 10th of April; nor judge of the expedience of admi- nistering an emetic. If the patient felt relieved, he could not pseribe symptoms of inflammation then appe3ring to the emetic. Hle did not think the appearances discovered in the body would be attributed to that caase. If there was no direct tendency to inflamr-. mation, weak brandy and water would (1o no harm. (Great caution would have been necessary in administering an emetic. Dr. Thomas Chrigtie, and Dr. H. C. Borrington, of Cheltenhamn, agreed in this opinion. Alr. RuSsEs.LT observed on this new evidence, and contended that it rather strengthened his case. Alr. JERv ISreplibed. in alluding to the ltdicrous observations on the diploma, he observed that it was signed by very eminent men, and inen above all suspicion. [e took a review of the wbole case, rema.rking that all the medical witnesses on the other side resided in Worcester, while the physiciast called for the plaintiff were entirely without prejudice or bias; and urging that, according to the defen- dant's own admission, the emetic had been useful, and the plaintiff was entitled to a verdict for such damages as would cornpletely vin- dicate his character. Air. Justice LITTLEDALE read over the wliole evidence, and commented on all its bearings. Ile gavc it clearly as his epinion that the expressions were not uttered in any privilezeA. commu- nication, so as to entitle the defendant to a verdict on the gene- ral issue; and tile simple question waswlietlier the justification was proved, wvhich assarted not oniv that the emetic was iniudi- ciously given, but that it was so injudicieusly given as to endan- ger the patient's life. If the jury thought this allegation not proved, they must find a verdict for the laintiff; but they might take into their consideration all the circumstances under whiclh the words were spoken, as the afflictian of the defendant, and the appearances on which her opinion,whether groundless or not,was formed, for the purpose of mitigatinig the danmages. The Jury consulted for a few minutes, and tlien returned a ver- dict for the plaintiff.-Damnages 39s. The trial was not over till after nine in the evening, having lasted just 12 hours. In fixing the precise amount of damages, the jury were probabiv influenced by an erroneous idea that a verdict fbr less than 40s. will not carry costs; whereas, when a justification is pleaded to an action for wvortls, the smallest da. mages entitle tie plaintift to full costs on the special pleas; thougl it is otherwise when the defendant relies on the gencral issue. WORCESTERR. WEDNESDAY. ArGUST 4. PIERPOIN'T V. SHAII-kND.