The Daily Times.
Liverpool, Merseyside, England, 1860-10-16 00:00:00

DEATH' OF ASR. PATRICE MTh-lAN, AT
BfRICENI4EAB:

CHARGE OF MANSLAUGHTER AGAINST
HIS PARTNER; MR. WM. OATFIELD.

Mr. William Gat&ld; licensed vicualler, was yester-
day brought before Messrs. Youlighitsband and Case, at
the Birkenhead Police Court, on a charge of the man-
slanghter of' his' late partner, Mr. Patrick Whelan.
The particulars of the tmfoittinate affair are already
well known to our readers. we may, j„-;wever, briefly
relate the most important circumstances, The cii,Veased
and the prisoner were in business as spirit merchants in
Girange-lane. We believe they were in some way dis-
tantlj.>
,related: Latterly they bad been on very bad
temp ; arid. .more than one or two occasions hard
words resfilted in harder' hfovis: It ...wears that each
Charged the other with tippling, an Oastfijeld had given
a boy named Bend;
,In their entlat, i'nstructi'ons to'
inforniiiini When his partner filegititnatefy, iised the
brandy. bottle. On Thursday, the 20th of Septemter,
the injuries which' are said to haie accelerated death
were inflicted'. , Mr.'lVhelan kad been doing out of door
work during. that . dar,* and about seven or eight
o'clock he returned' to hi's Douse or bu'sinesS.
Oatfield was there at the time. A
.quarrel,
diately occurred ; what caused the ruptt&' has not
been elicited. However there were numerous pefsons
iu the house ; and the scuffle was witnessed by
the partners' three assistants, Oatfield, (toe prisoner's
nephew), and lads named Patrick M'Casey and Joseph
Bond. The prisoner, •in a rage, took a bottle in his
hand, which, however, was taken from him. He then
struck the deceased on the head with his fist. The
nature ,
pf this blow is the all-important point in the
evidence.,.;• witnesses . agree that it was not
heavy. M'CaseY.,dpiT.,:eitliat it would nottave hurt a
child; Bond calitiot say eieels'elY'o6.etl?,er, it Was heavy
or light; Oatfield (the witnega) dealeres thel, fie Warded
off its violence, admitting, however, that the.piiserier's
fist came slightly in contact with the bead Of deeea,sed.
After the encounter, Mr. Whelan went to his priSate
residence. He appeared excited, but did not com-
plain to his wife, or any of his domestic servants,
of illness, until the Saturday following. The boys,
however, affirmed that he complained to them next
day of excessive pain in the head, drawing ,particular
attention to the left temple. On Saturday he com-
plained of inclispositiOns -excessive pain in the left eye,
and restlessness. , Ile abstained from food from two
o'clock. On Sun* Morning he lids no better, He,
however, partook of some nutritive food, and acorn-
panied his NiritO to ChUreli; (in the return home lte
lyearrie Aliatisted; and eiidentlk much :Worse: By this
time his eye was nearly elOsed: Arilied*the house, he
retired to bed. In the evening, befieen eight find nine
o'clock, whilst still in bed, convulsions get, in, and he
plunged fearfully. A messenger was despatched for Dr. ,
Downing. During the night the deceased had ,six
convulsive fits. Under the -treatment of the medical •
man he rallied again, On Wednesday he accompanied
his wife, by the doctor's advice, to her mother's resi-
dence, In Clifton Dark; On Thursday he became worse ;
on Friday he sunk still r&rre ; ankon Aattirday morn-
ing, about two o'clock, he slept oft liteathing heavily
and loudly for several hours, and awoke no mote,
The doctor gave a certificate to the effect that he died
from apoplexy. An inquest on the body was subse-
quently held before the coroner and an intelligent jury,
who, after a patient inquiry and a post-mortem exami-
nation, returned a verdict to the effect that he died of
" disease of the brain, accelerated by the blow" on the
head, given onthe 30th September, by Mr. Oatfield. The
coroner refused to commit the prisoner for trial upon
such a ierdiCt; testin it, to the
•friends of the deceased
to take any steps they p'fbflek in the matter.
A charge of manslaughter was the resiilt. :The former
and a few other witnesses were examined, Mit: no' new
fact of any importance were elicited. The evidede of
the medical men, however, may be interesting.
Samuel Dawson Downing was first examined. He
stated that-on the 23rd of September (Sunday) he was
requested to attend the deceased. He found him in bed
in a fit of convulsions. He considered at the time that
be was labouring under a combined attack of apoplexy
and epilepsOnd
,tried the necessary remedies. He
became better by MondaY Moiriiiig; and continued to
improve until the folloWing ThUrsday,,Wheri he, became
a little confused, and began to ramble Mentally: do
that day the treatment was changed, and medicine was
given him in order to quiet his nervous system and the
excitement under which he was suffering. On Friday
morning he was still worse —more confused, weaker,
and rambling. Tonics were ordered. These consisted
of eggs and brandy, quieting medicines, and light nutri-
tive god. On Saturday morning a messenger was sent
for his medical man's immediate attendance. He in-
stantly complied,. and found the sufferer in a dangerous
sleep and state, breathing loudly and heavily. Mustard
and vinegar were applied to the feet. The witness ran
home for an instrument; returned in about o.e Minutes,
found the deceased in much the same condition, arid
witnessed his decease in about three or four minutes
afterwards. Witness afterwards assisted at the post
martem examination. On turning the scalp back, the
first thing which attracted attention was a circular
bloody tumour of about the size of half-a-crown, situate
some two or three inches above the tip; of the left ear on
the temple. On that spot the coating of the skull was
thicker than at any other part of the head; this was
caused by blood thrown out from a small vessel in that
vicinity. Ininiediately underneath, around the tumour,
the blood vessels were enlarged: On opening the Ann,
adhesions were discovered between the membrane cover-
ing the brain and the sktill opposite the tumour. This
membrane was very much discolotired on that particular
spot, and the artery was much distended. On dissecting
the left hemisphere the ventricles were found soft, much
softer than other portions, or the usual tissues of the
brain. Nothing important was observed in any other
organs of the body, with the exception of old adhesions
on the lungs, common in all cases of this nature. Tak-
ing the eVidence of the witnesses and the appearance of
the brain into consideration, he was of opinion that
external violence had a great deal to do with bringing
about death. The tumour described must have been
caused by violence .inflicted within ten days or a fortnight
before death. Looking at all the circumstances, he had
no hesitation in saying that the blow described by the
witnesses had hastened the death of the deceased.
The witness was examined at great length by Mr.
Bretherton. Mr. Downing became excited, and gave
some parts of his evidence in a confused manner. He
said—l gave certificate to the effect that the deceased
died of apoplexy. I did not treat him entirely for
apoplexy. The medicine far Thursday and Friday
previous to the death consisted of solution of morphia,
spirits of ammonia—compound; ether chloric, tincture of
opium, camphorated julep, two drachms of each made
into a mixture, of which two table spoonfuls were
ordered to be given until sleep came on. Two grains of
morphia is not quite equal to eight of opium. Eight
grains given in divided doses have never destroyed life.
The -deceased only took two doses on Thursday. He
sank on that day, but prior to taking the medicine. He
became gradually worse, and fell on Saturday morning
into a sleep from which he never awoke. I applied
chloroform ; and mustard to the feet, to produce action
of the brain and heart. Morphia would do so to a cer-
tain extent. I consider it a safe medicine in cases of
excitement. He never had two grains at a dose. Doses
Containing a quarter of a grain were ordered to be given
him every two hours. Of these he took two only, and
went to sleep. I did not treat him for delirium tremens.
When I gave him morphia, I treated him for a combi-
nation of apoplexy and epilepsy. I knew he was
suffering from these attacks. because I saw them. I
was told he had six fits. The blow described was, in
my opinion, sufficient to cause the tumour.
Mr. Bretherton enquired what evidence he meant?

Mr. Downing—The boy's.
Mr. Bretherton—What boy ?
Mr. Downing—MiCasev's.
Mr. Bretherton read M'Casey's evidence on the point:
"I cannot say .vhether it was a light or heavy blow."
He also asked him whether lie had spoken to MiCasey
since that day.
Mr. Downing denied having done so.
Mr. Bretherton read Bond's evidence, which was to
the effect that the blow would not have hurted a child,
and desired to know how he founded his opinion upon
these facts ?
Mr. Downing went on to say that Bond gave his evi-
dence in so clear, so unsophisticated a manner that he
considered it safe to receive his version of the story,
in preference to any other. After some further conver-
sation, in answer to a question by Mr. Younghusband,
he repeated his opinion that the blow produced the
tumour."
By Mr. Bretherton—During the convulsions he might
have struck himself on the head. If you think to make
out your case by impugning my medicine, I know how
to settle it. Do it honestly. The left hemisphere of
the brain was most diseased. The right was healthier.
Both were diseased. In the ventricles of the right
hemisphere there was more disease than on that of the
left, whilst the surface of the left was worse than that
of the right. He gave other evidence, not however of
any importance.
Mr. McDougdall assisted at the examination of the
body, and agreed with the former witness as to the
appearance of the brain. Externally, there were several
bruised marks on the shins and abrasions of the skin.
The pupils of the eyes were distended. The right
hemisphere of the brain was most diseased in the
ventricles. On the surface it was equally congested with
the left. The adhesions might have caused delirium—
even convulsions. The adhesions discovered might have
been caused ten days before death. Ile could not give
an opinion as to whether morphia was the best medicine,
without having seen the patient. He, however, would
not have administered morphia for apoplexy, nor was
morphia paramount to poison under such circumstances.
He was of opinion that the blow was the cause of the
tumour ; that the tumour accelerated death.

Dr. Higgins corroborated the former witness's evidence
with respect to the appearance of the brain and the body;
but the force spoken to by the witnesses was not suffi-
cient, in his opinion, to produce the tumour and other
evidences of injury found on the left side of the brain.
All marks on the left hemisphere he attributed to
violence. The disease found in the right hemisphere
was sufficient to account for all the symptoms described,
and death. He felt no hesitation, however, ill saying
that death was accelerated by the blow. It Ausually
occurred that a blow inflicted on one side of the head
produced disease in the ventricles in the opposite hemi-
sphere.
Dr..Gennett did not altogether agree witlythe descrip-
tion of the brain given by the former witnesses nor in
the least as to the cause of death. The brain had
chronic disease, which must have existed before the
infliction of the violence. The blow described was not,
in his opinion, sufficient to produce, or even to accelerate,
death. The tumour might have been canscd by the
blow, but more likely it resulted from other causes,
suggesting that the violence might have been self
inflicted whilst the deceased was in convulsions.
At this stage of the proceedings the inquest was
adjourned until this morning, at ten o'clock) bail being
accepted for the prisoner's appearance.
The case has produced much exitement in Birkenhead.

Prince Albert is somewhat lame, as he hurt his knee
when he jumped out of the carriage.
RISE IN THE PRICE Or ALE.--In consequence of the
deficient crop of hops, bitter ale has been raised to the
retailer 6s. per barrel, the mild ale 2s. Rost of the
publicans in town will now charge for the bitter ale
lid. per glass.
LIVERPOOL EYE AND EAR INFIRmARY, MOUNT-
PLEASANT.—ConsuIting Surgeon,
Hugh Neill, Esq. •
Surgeons, Dr. R. Ilibbert Taylor, ]Dr. ,
1.1 evins, T.
Bickerton, Esq. ; Assistant Surgeon, Robert Batty,
Esq. ; Treasurer, J. G. Livingston, Esq.
Report
for the week ending Oct. 13, Is6o :—...New cases ,
Eyes, 80 ; Ears, 22. Prescribed for and received
surgical assistance : Eyes, 286 ; Ears, 94.