The Daily Times.
Liverpool, Merseyside, England, 1860-08-21 00:00:00

I 1 HE DAILY TIMES; TUESDAY, AUGUST 21, 1860,

in the hospital, her excretions were carefully preserved,
and on arialySis they all, with some exceptions, gave
deposits or traces of antimony. Still the medical men
Were of opinion that no antimony Was adMinistered at
the hospital ; the antlithitiy tOth-id In the hospital dis-
charges being eliminated, and not free. Learned
counsel then desCribed the conduct of the prisoner
after Mrs. Jetties' death; his communications with the
police ; his endeavours to throw suspicion upon the
Cafferatas ; and his statement., when arrested, to the
effect that on the morning of the 10th he did prepare
come sago fdi Mrs. James, of which she partook, but
that there Was tid antirtiOnY hi it, though he (Winslow)
knew the use of antimony, and had given it to cattle
some eighteen years ago. An examination and analysis
of the viscera led the medical men to the conclusion that
during life antimony had been administered in small
and repeated doses; and that this had hastened the
death of Mrs. James by the aggravation of the cancer
of the mourn, under which she was labouring. With
regard to the prisoner's having sought to obtain or had
antiniony in his possession, evidence would be called to
show that iii the nichitit of tidy, 1858, he had
offered a servant at Mrs. James' sto procure him
settle antiniony from Dublin, whither she was going,
but that she refused; that four or five Months before
Mrs: Junes' death a person described as the prisoner
called at a Mr. Miller's druggist's shop fdr antiniony,
but did not get it; that a person !tattled Ann Foley had
been sent by the prisoner td purchase antimony "to kill
a dog." A witness named Maguire would be brought
before the jury. It was true that he had not been before
the magistrates; but he.would state that the prisoner
had sent him to a druggist's chop to get something to
poison a dog with, and he did get some white powder,
but could not recollect the name of it. The prosecution
had succeeded in finding this person, bat he could not
recollect the nanie of the Pdvidei btit he Went td the
shop and pointed mit the jar from which the powder
was given him, and that jar contained antimony:
The boy who sold it did not recollect the circum-

stance ; but they would hear what he had to say.
Maguire (who was in the employment of the pri-
soner) would also state that be had seen the prisoner
preparing bread and butter for Mrs. James, and that while
doing so Winslow took from his pocket a paper, out of
which he took something between his thumb and finger
and sprinkled it over the bread and butter. When asked
by Maguire what this was Winslow said it was " fine salt,'
though there was plenty of salt in the house which he
might have used, if it was requisite. In conclusion,
the learned counsel said that the fact of the discovery of
the sago containing antimany, in the cup, on the mora-
ine. of the 10th, coupled with the filets to which
Maguire would depose, were sufficient to warrant the
indictment. Ito then proceeded to call Witnesses.
Mrs. Jane Cafferata, examined by Mr. Aspinall, said—
I am the wife of Henry Cafferatit, an ornamental japan-
ner, living in Manchester. The deceased was my aunt;
she was a widow. She was 56 years of age at the time
of her death. At that time she kept an eating-house
at 18, Vauxhall-road. She had lived there since'lB42.
Previously to that she lived in Plymouth. I came to
Liverpool seven months after that, and joined the de-
ceased. The Whole of the family came t 6 Liverpool,
and consisted of her Mother, Elisabeth Townsend, her
father, Henry, with her brothers, Martin, Samuel, and
William. The deceased opened a grocer's shop, and
Martin assisted in conducting it. This shop did not
answer, and they removed, in 1853, to Vauxhall-road,
where the deceased set up an eating-house. It was
only at first an eating-house, but latterly it was a day
and night-house, and also a lodging-house. The
deceased was the mistress of the. house. I and Martin
assisted the deceased. My mother made confectionary
on her own account, and my brothers were musicians,
and my father sold on commission. In 1854 the prisoner
first came to live in the house of the deceased. He was
then employed in a foundry. After that he left the
the foundry, and came to assist the deceased id the
eating-house. A change was thee made in the con=
ducting of the business—it was made a day and night
house, and then a licensed lodging-house, and there
were 15 beds. There was a considerable quantity of
of business done in the house. The deceased
and the prisoner managed 'the business. They
always appeared on very good terms. I was married
from the deceased's house, but have frequently visited
the house. Previous to February last the deceased was
subject to bilious attacks, but they did not affect her
bowels., Before that Dr. Whittle attended the deceased:
I was in Manchester last February, and received a letter,
which I afterwards destroyed. It was from the prisoner,
and was to the following effect—" If you wish to see
your dear aunt alive come immediately." I Came to
Liverpool on that night. I found the deceased in bed
in the usual room she occupied. The deceased was in a
great state of prostration, and she said to me " I never
expected :to see you again." I stopped with her a fort-
night, and slept with het every night. Daring that
time she was sometimes very poorly, and at others she
rallied, and at the end of the fortnight she was able to
walk about, and got better. At the first she was suffer-
ing from vomiting and purging, but not very violent.
I can't say if they were simultaneous. My husband
was not there. The prisoner and myself attended upon
the deceased. Eliza and Margaret Higgins wine the
servants, and remained so until her death. The deceased
only took tea, sago, and broth latterly. In the middle
of the day either myself or the servant girls prepared
the food. Generally at night the deceased had food, but
I cannot say who prepared it for her. When the
deceased wanted anything she used to knock with a
stick. My brother Martin was living in the house at
that time, but my mother and brothers" Samuel and
William were dead. My father was then, and is now,
ill in bed in the house. I returned to Manchester
at the end of the fortnight. I got a letter soon after, but
did not go, but later on in the same month I received
another letter, containing a post-office order from
the prisoner, requesting me to come over to see my
aunt, but did not come until several days after, when she
found the deceased sitting in the shop, but appeared to
be suffering very much, and complained of sickness and
pain of her side. At that time Martin was in Devon-
shire. I remained with her until the time of her death.
It was on the 31st of May that I came. There was a
person named Maguire who at that time was in the habit
of coming to the house. Bagnall was also there. I
always slept with the deceased, and often prepared her
food for her. Neither Maguire nor Bagnall ever prepared
food for the deceased. The prisoner then always prepared
the food used during the night. The prisoner gained
admission with a key kept under the door, and was in
the habit of giving the deceased sago and bread and
butter. If recollect a medical gentleman, Dr. Cameron
being sent for. This was on the Tuesday after the
Thursday on which I had come from Manchester. The
deceased got better, and Dr. Cameron ceased coming.
After he bad ceased coming, the deceased became much
worse, and the vomiting and purging more violent, and
Dr. Cameron. was again sent for. The deceased again
rallied after he had prescribed for her. The prescrip-
tions he gave were always got, and his instructions were
carefully carried out. The symptoms, however, continued
the same, vomiting and purging. On the 6th of June I
received instructions from him to preserve her vomitings
and excrements and keep them separate, which I did, and
gavethem.to the doctor on the 9th of June. That night
I made her some sago, which she partook of. It was
prepared in a china teacup, and that cup was taken away
by me. I took the sago from the parcel iwthe shop.
The deceased seemed much revived, and I went to bed
to her; but before doing so, I took up a cup of tea and
an egg. Before going to bed, I left the tea and the egg
on the chair by the side of the bed, where I had left
the empty sago cup. I locked the bedroom door, and
placed the key in the usual place. I slept sound that
night, and when I awoke the next morning about eleven
o'clock I saw that the cups had been removed from the
chair and placed on the table. The deceased might have
got up without assistance. Only the prisoner was in the
habit of giving food during the night. One of the cups
on the table was of the same pattern as the one I had
given her the sago in, but it was not the same cup. In
one of the cups on the table was some sago. The cups
remained on the table until Dr. Cameron and the two
detectives came in. The cups were then in the
same state as I found them, and had not leeea done
anything with to alter them. I was not aware at
that time that they were policemen. Soon after they
came I assisted, by Dr. Cameron's instructions, to get
the deceased dressed, and we took her to the 'Southern
Hospital. The cups I have mentioned were given into
the custody of Horn, the detective. I left my aunt in
the hospital, but continued to reside in the Vauxhall.
road house, where I have lived up to this time. A
few days before the death of the deceased, on
the Wednesday before her death the prisoner ordered
me and my husband to leave the hou,ey observing at the
same time that "we were second Palmers, and that
my husband carried white powders in his pocket." .my
husband suffers from indigestion, and took carbonate
of soda, and he showed it to the prisoner upon his
making such an accusation, upon which the prisoner
replied that it was scarcely likely that he' should be
shown the right sort. A similar scene took place on
the following day, when the prisoner forbade me from
going to see the deceased ; but I did go. The prisoner
at that time was very heavy in drink. I recollect that
the prisoner told the deceased to make her will, and
about a week after that he said the deceased had told
him to go for a person to make her will, and soon after
Mr. W. T. Lloyd came to make the will, and was with
the deceased alone. I was not aware until after her
death that the deceased had any property except the
stock in her shop.
Cross-examined by Mr. D. Seymour—My brother
Martin, who was assistant to the deceased, had enlisted
several times, and she had bought him off. Martin was
with the deceased in March and April to the beginning
of May. Martin, from going into the army, was not
on such good terms with the deceased, and she might
have spoken to him about it. I never saw Martin
attend to the cooking ; I have never seen him mix the
sago. Once, I recollect, that he stirred some to keep it
from burning. That was in the presence of Eliza and
Margaret Higgins, but I cannot fix the date.
Whenever things were wanted, the girls were sent for
them. MY hwiband has taken laudaniuu, ae well as

Carbonate of smid. i cIo iot lecoffeet, but It might have
been said, that laudantim wad proVe tte thedicine.
I recollect now that it was said, biit cinnot ftl (h date.
My husband, Cafferata, was a lodger in the house of the
deceased. I assisted in the shop after my brother Martin
left. My husband was payirig his addresses to me
when the pt!scinei Came to' lodge Id the house. The
prisoner once showed a !diet' to' the deceased for the
purpose of getting us to leave the house, which we soon
after did, and went to live at Manchester. When I
came over to see the deceased I cannot tell whether she
used, to vomit soon after taking food. It was
generally late in the day, after two o'clock. The pri-
soner used to give her food of a night, not of a (lay
time. The prisoner was always very attentive
and kind to her. Tie was in sorrow whenever
she appeared worse. He was always feady to go for a
doctor, and anxious to have one for her. The prisoner
I believe suggested that Dr. Cameron should be sent
for, as he should be more satisfied, as Dr. Whittle had
had two slips. There 'was never any eagerness on his
part to remove things from view, which he could have
done if he liked. On the 9th I made some tea in the
kitchen mit of a large teapot. I also made some sago,
and the deceased eat it all to about a spoonful. On that
night I washed all the cups up. They were always
washed up by me. I da not recollect anything else
that I took down that day except the cup, and that I
recollect well. There Might hafe been another cup
arid another. plate, tut I will riot swear it. My atten-
tion has never been so particularly directed to this cup.
I particularly recollect that evening, but cannot recollect
any other so minutely. I have not heard the deceased
say that she had property, and could go and live
in the country, but the business had been offered to me
and I refused to take it, because I did not like the
neighbourhood. I can't say that I know that the
business belonged to the prisoner, or that the prisoner
*as to receive 23s per week as wages. I don't recollect
Anything about £35. About the 26th of May I believe
the deceased sent the prisoner far some amount of money.

I did not hear anything tillout a notice having to be
given. I never saw the money. The prisoner took
moneys as well as myself, and they were taked to the
deceased. I will not swear whether it was " You are
two Palmers," or " You are, a second Palmer," that the
prisoner made use of to me and my husband. He spoke
in a loud voice, rather too loud, as people were about.
Martin Townsend went once to the hospital to seethe
deceased, but Cafferata never went. The prisoner went
frequently. We all knew that it was suspected that
there was poison, but we thought it was a mistake. I
have spoken of this Maguire. Ido not recollect that I
saw him in the Police Court. but I know he used, to go
there every day. I never saw the girl Brennan. I have
had a child. Its name is mentioned in the deceased's
will, but t will not tell wbo the father was. I may
have been from honie after that child was born, but I
refnse to say more about it.

Re-examined by Mr. Bliss—My husband and myself
have lived together since we were married. I frequently
went to the hospital to see the deceased.
This witness was in the witness-box for upwards of
three hours.

Martin Richard Townsend was then called. He said
=The last witness is my sister. The deceased was my
aunt. t male td Liverpool in 1842 to my aunt. I
lived with her off and on from that time until she .died.

:n February last I was living with her. I recollect the

last witness coming to see the deceased. I stopped
until the 26th of April, when I enlisted in the Scots
Greys. The deceased was very ill when I left, and on
the 31st of May I returned to the house and have
remained there ever since. The last witness was at the
house. The deceased was attended by Dr.' Cameron.

did not assist in the business the last time. On the

Oth of Sane I saw the deceased for the first time on

that day; it was about 12 o'clock. That was the day
she was taken to the hospital. I saw her again that
evening. There Was a dog in the Vauxhall-road house at
that time belonging to me, and I hung him because he
was in stich e±crUciatittg pain. The dog was labouring
under a distemper. The dog was buried in the yard,
and I have since exhumed it and gave it to Dr. Edwards.

I never mixed any sago for the deceased; not even so
much as a drink of water.

Cross-examined—l have stirred some, but I do not
recollect the date. I am especially certain I never did
cook anything, although one of the witnesses said I had
cooked fish. I recollect, some years since, I cooked a
sole. Whatever I cooked, I cooked in the kitchen. I
never, I will swear, doCflred any fish for the deceased. I
never fried a fish between February and June, and that
I will swear. I and the deceased were good friends,
but certainly some words took place about my enlist-
ment into the army three times. The deceased paid
the "smart." I enlisted again, because I could not stop
with her, and yet we were very good friends. I don't
know what Spanish flies are for, if for procuring
abortion or not. I know Maguire, because he
came to lodge at the house, and was in the
habit of seeing him at the house. All in the
house knew that the dog was buried. I know
that Maguire is going to give evidence on this trial, but

Ido not know when he agreed to do it. I have called
in at •Miller's shop, but it was a casual visit. I can't
tell when Maguire said he was going to give evidence ;
but I have been to Miller's shop within the last few
days. I will swear that all that was said was " How
do you do ;" but I might have said more. I did not
say anything, or that I had any expectations from the
deceased, nor did I know that she had made A. will. It
was only on Tuesday or Wednesday in last week that
Maguire gave his evidence. Maguire has been living
in the same house with me, and I only just left him ;

and yet, I would swear that I do not know what he is

going to swear. I will swear that I have not men-
tioned anything about this case, but I have heard him
say that he had been for white powder for the dog. I
expect the jury will believe me. I did not know the
deceased was worth any money. I did not know I was to
be the heir. On one occasion I said I had " waited

long for this opportunity, and I am glad it has came."
I was waiting for the opportunity to make the servants

perform their duty; they were generally negligent and

dirty.

Dr. John Cameron, the honorary physician of the
Northern Hospital, and lecturer. upon medical jurispru-

dence, was next called; and he stated as follows :—On

the 6th of February last, the prisoner called at my

house in Rodney-street, about three-quarters of a mile
_ _

from the house of the deceased. He told me that Mrs.

James wished to see me. I found her in bed suffering
from•bowel complaint, and on examining her I found a
tumour which I believed to be cancer. She was very

much prostrated, and was very low spirited. She had
then suffered from vomiting, and the attacks had been

severe. She stated that she had suffered from a dis-

turbed state of the bowels for some time. I prescribed
for her, and a few days after I received a message that

she was better. On the 29th of Marcb I was again

sent for, and: I found her nearly in the same

state. She was then suffering from purging and
vomiting. I prescribed for her ; and was again, as
I had desired if she became worse, sent for on

the Bth of May. She was suffering from a similar
attack, but was much worse. On the 19th or 20th of
May I saw her again, and I considered her convalescent.

On the 25th I saw her again in the same state as before.
In consequence of the symptoms, I, on the visit or the
25th, thought that she was suffering from some irritant

poison. She however improved, and on the 6th of June
she was again very much prostrated, and in consequence
I instructed Mrs. Cafferata to preserve some of the

excrements, which she did,
,and I took them away to
Dr. Edwards. On the following day I had the result

of that analysis, as I also had on some taken away on the
9th, and believing she was suffering from the effects of
poison, I consulted with the police, and on the morning
of the 10th we—Sehoe, Horn, and myself—went to the
house and took away some cups. I had told the deceased
that I believed she was suffering from poison and she

must go to the hospital, as it was necessary for her
safety. When she went to the hospital I gave instruc-
tions that all the excrements should be taken care of,
and they were preserved. After she got there in a few
days she got much better, and continued so until the
22nd, when she was seized with severe pains and died
on the 24th.

_
THE POST-MORTEM EXAMINATION.
Dr. Cameron then went on to explain the appearance
of the body on the post-mortem examination, which was
to the following effect :—The mucous membrane, or the
lining of the coat of the stomach, was tinged with a
deep yellow colour. The stomach was considerably
distended, and at the smaller end were two ulcers—one
about the eighth of an inch, and the other three-eighths
of an inch in didineter. Assuming that antimony bad •
been given in small doses, it might have caused the
ulcers. There was no other mark that antimony had
been administered. The intestines were remirkahly
empty. There was nothing else to show that antimony
had been administered, from the appearance of the

stomach; but assuming that antimony had been found
in the lungs, the stomach, the liver, the intestines, the
spleen, the blood, and the fluid in the stomach, and the
abdomen, accompanied by the symptoms I had observed,
the medical opinion that I should have formed is, that

if antimony had been administered to her it would hhve

accelerated death:

Question—Can you form an opinion as to what doses
of antimony were administered ?
Answer—Probably small and repeated doses.
Question—And the vomitings in February, April, and
May —what did they arise from ?
Answer—From the same causes.

Question—lf antimony was found in her body after
she was at the hospital, in a free state, can you form an
opinion when it was administered ?
Answer—l should say very recently; on the 9th or
10th. The ulcers in the stomach might have produced
vomiting, but not such vomitings as I saw the deceased
suffering from. I have no doubt but that the adminis-
tration of antimony accelerated the death of deceased.

Cross-examined by Mr. Seymour--I am ready to
admit that the ulcers in the stomach were as likely to
cause death as poison from antimony. Vomiting is one
of the principal symptoms, and produces depression and
debility.

This whim Underwent a very long crosi.eza,mina-

tion, purely of a technical character, but it did not alter
the opinion that the doctor had formed, namely, that
the symptoms were those of slow poison. and not that of
canter in the stomach, although there was a parallel
between the IWO tfttplonis. There are symptoms and
conditions of the hdrnari fire in which antimony might
be taken, without any inittricrus edects'.
Re-examined by Mr. Bliss—lf 1 foetid statintony in
the body, and I did not find an enlarged liver or a soften-
ing of the brain, would not form a Conclusion that the
antiniony had not accelerated death. The continued
vomit from which the deceased suffered showed symptoms
of the presence of poison, more than that of ulceration
of the bowels. The antimony would cause *orriting and
prevent the body receiving fresh nourishment, and thus,
of course', accelerate death.

THE PRISONER'S STATEMENTS TO THE POLICE,

Detective officer Horn stated,—On the 10th of June
I went with Dr. Cameron into the deceased's house.
There was a table in the 4ecTroom, on which was a small
cup, containing a small quantity cif sago. Also a small
cup, which I took into my possession. There were also

eight bottles. I took them all to the police office,
sealed them up, and saw the storekeeper lock them up.
They were the same as I had taken away, and on the
13th of June I delivered them to Dr. Edwards. On the
same day I saw the prisoner at the police station, and
told him to come on the following day, which he did,
and then he said he had been informed that Dr.
Cameron had found poison in the sago. I told him it
was true ; and then he said he suspected Mrs. and Mr.
Cafferata, of Manchester, as they often came over to
see Mrs. James. lie said that Mrs. James was
worth some money, as she had some shares in the Gas
Company, some money in the Savings' Bank, and that
she had left a will, but how she had left it he did not
know. The next day he called again, the 16th, and

he then made a statement in answer to questions, and

was read over to him. The prisoner seemed anxious to
assist me in the investigation. The following statement
was then read, as that made by the prisoner on his
going to the police office : " I am in the employ of Mrs.
James. I formerly worked in a foundry, bat left it to
go to her hmise, and about twelve months since I
entered into at agreement with her. I was to receive
235. per Week, but the agreement was nat carried
out by either of tis. I have done all I could for
her, and have received all I required. I had the
entire control of the business and the money. No
books were kept. She never complained of me. Mar-
garet Higgins and Elizabeth Higgins were the servants
in the house. There was a nephew came to her.
Elizabeth Townsend died in 1859, and her symptoms
were the same as Mrs. James. William Townsend died
fourteen days after, but I do not know what he died of.
Samuel Townsend lived in the same house, and he died
shortly after. Dr. Whittle certified he died of conges-
tion of the brain--delirium tremens. She had got some
shares in the gas works.. In June I wrote for Mrs.
Cafferata to come from Manchester. When I was
absent she managed the business. During the night I
prepared her food. At five o'clock in the morning I
made some sago, which I gave her, and she eat some of
it. I left the cup in the room and left, and did not
see her again until sbe was removed from the house
to the hospital. I told Margaret to take her some tea,
which I believe she did. I went to Mr. Lloyd's about
her making the will, but I do not know how she left the
money." Inspector Horn then continued his examina-

tion, and said—On the Monday the prisoner called
again at the station, and said, " Mrs. James is getting
better." On the Tuesday be again saw me, and told me
that Cafferata had come from Manchester; and again
on the Thursday, but on the last occasion the prisoner
seemed to be in drink. He told me he had seen the
Cafferatas, and had advised them to go back to Man-
chester. On the 23rd of June I apprehended the
prisoner on my own responsibility, as I was anxious to
have him before a magistrate before she died, as she
was getting worse. I told him the charge, and in reply
he said, " I made the sago that morning, and took it
up to her at five o'clock, but I put no antimony in it. I
know the use of antimony. I have given it to
cattle, but I have not used any for the last eighteen
years. " Upon searching the house I found £55
in gold, a gold watch, &e.., &e. On Sunday, the
deceased died. I searched the house to see if I could
find any antimony. I looked everywhere for it. I did
not find any. Other parties had been living in the
house at the time. I got some sago from the shop,
which I gave to Dr. Edwards ; and also some prescrip-
tions from Dr. Cameron. I subsequently took some
jars to London, which I delivered to Dr. Edwards in
the same state as I had received them.

Dr. Cameron was then called, and identified the pre-
scriptions foand in the house He said : I never pre-
scribed any antimony for the deceased.
At this stage of the proceedings the court was
adjourned until nine o'clock this (Tuesday) morning,
the jury having been sworn in the usual manner not to
hold converse with any persons during the trial, but were
assured that every attention should be paid to give them
accommodation under the circumstances.

The prisoner, after a brief conversation with his
leading counsel (Seymour) Jell the dock with a smile
upon his countenance.

The court then adjourned.

NISI PRIIIS COURT.—YEsrEnnAY.
(Before Mr. Baron Winn.)

WHITTAKER AND ANOTHER V. SIMPSON AND
ANOTHER.—In this case Mr. Edward James, Q.C., and
Mr. Mellish appeared for the plaintiffs, and Mr.
Manesty, Q.C., and Mr. Quain for the defendants.
The action was brought to recover the value of a quantity
of machinery and other property which it was alleged
belonged to the plaintiffs, and which had been sold by
the defendants. The plaintiffs are the trustees of Mr.
James Whittaker, under a deed of settlement, executed
in the ;year 1838 ; and amongst the property in settle-
ment was a mortgage of a certain engine and boiler
manufactory, buildings, and machinery, situate in
English-street, Kingston-upon-Hull. The defendants
are the assignees, under a deed of assignment to Mr.
Wakefield, who formerly carried on business in Hull.
In the year 1838 Mr. James Pym, who was then in
possession of the manufactory in question, mortgaged
it on the 31st of July to the present plaintiffs. This
mortgage specified all the properties, including machinery
which were then connected with the premises. On the
11th May; 1839, on the marriage of Mr. Jellies Whit-
taker, the property was vested in the trustees (the
nominal plaintiffs in this case). On the 28th February,
1866, Mr. Pym executed an assignment to the present
defendants, and they, at the proper time, paid the
interest on the mortgage to the trustees. In October,
1857, the sale of the property was advertised; and,
notwithstanding the remonstrances of the trustees, the
defendants sold all. The money realised by the articles
mentioned in the mortgage had been paid into court;
but the plaintiffs now claimed, also, the articles since
affixed. It was agreed to takca verdict for the plain-
tiffs, the defendants having leave to move as to the dis-
puted articles.
MOORE V. OwEN.—The plaintiff in this action was a
Liverpool merchant, andhe brought this action to recover
compensation for damage which his goods have sustained
through the negligence of the defendant. On the 23rd
of February 948 bales of cotton were purchased by the
plaintiff's agents in New Orleans, and upon the three
following days it was sampled, and afterwards pressed.
The captain of the ship Frank Boult, (the present defen-
dant,) received the cotton in good order, and certificates
to that effect were signed both by the mate and himself.
There was no damage done to it by the packing, for the
affidavits of the broker and agent were put in and Teal,
and they stated that it was in good order and condition
when delivered into the custody of the defendant.
When the vessel arrived here, in the month of May, so
far from their being found in that good order and condi-
tion which Mr. Moore had reason to expect, 'they were
in as bad a state as any cottons which are ever .sent to
this port. A great number of the bales were, as appeared
from the evidence of a number of eminent cotton brokers
who had inspected them, caked on the outside to the
extent of two, three, four or five inches. The cottons
were then quite dry, and did not appear to have been
sea-damaged. A number of the bales were also mouldy,
and they, no doubt, contracted the'damp from the others,
and thus, in consequence of the closeness of the hold,
had come into their present state. Had the cotton been
packed when wet, it would have been found (the plain-
tiffs' argued) that the injury would have proceeded from
the centre towards the outside of the bales; being con-
fined to the outside, it must have been caused after the
packing.. It was shown that the bales were left on the
quay at New Orleans exposed for some days, and it was
supposed that the wet and mud bad been contracted
there. Two of the witnesses who were examined on
behalf of the plaintiff stated (in their affidavits) that
they saw the cotton lying on the quay at New Orleans;
part of it was lying in the mud. On behalf of•the
defendant a number of affidavits were read, which
testified that the cotton could not have been injured by
him, as, when lying on the quay, it was covered with
tarpaulins; they further stated that it was very rainy
while the cotton was waiting for shipment, and that
probably the injury was caused by the rain. Mr. Edward
James, Q.C., and Mr. Millward, were counsel for the
plaintiff, and Mr. Mellish conducted the case for the
defendant. The jury after retiring found a verdict for
aulti'-past 'five o'clock.
theTphleaicnotui ffr
t,
adjourned
.£al
t9h3

FATAL AccrnEsTs.---On Saturday a man named John
Hopkins, was engaged
at the Steam-tug " Resolute,"
lying in the river, he fell into the water, and although
every effort was made to save him, he perished. The
body has not been found. On Saturday, a child named
Hammond, the son of parents living in Ascot-street, off
Athol-street, was drowned in the canal. The body was
got out soon, but. life was extinct. Mary Power, 22
months old, the child of parents living in Present-street,
was scalded on the 6th inst., and died from the effects of
the injuries on Saturday. Another child named John
Lohiede, 2 years of age, the son of
parents living in 62,
Great Nelson-street, was scalded on Friday and died on
Saturday last from the injuries,

HORBIBI,E• TREApIENT AND DEATH

Oil AN IDIOt ]OY.

On Saturday an ingtieg *a held at Dudley, South
Staffordshire, on the body of uii idiot bby, aged eleven
years, who died on Tuesday last from the effects-of hor-
rible treatment by his parents. Mary Davis, witness,
said that she had seen the deceased, when able to get
about, rush to the ashpit, and there greedily eat up
herrings' heads, fowls' entrails, and other abomin-
able refuse. The child was unable to speak ; it

was quite idiotic. A correspondent says that the
body of the child is the most horrible spectacle that
can be imagined. Although eleven years of age, its
•
apparent weight is not more than 20 lbs. There is no
flesh whatever upon its bones, the knees and elbows
protrude through the skin, which is almost transparent,
and the stomach appears to be totally void of food.
Some of the neighbours show the greatest apathy about
the case, stating, when questioned, that they have been
aware what was going on for three years. The inquest
will be resumed to-morrow (Wednesday).

DREADFUL ACCIDENT ON THE LONDON
AND BRIGHTON RAILWAY.

At an early bout yesterday morning a child named
Annie Eliza Hausforcl, aged six years, expired in Guy's
Hospital, having on the previous night met with a
frightful accident on the London and Brighton Railway,
under the following circumstances :—The deceased lived
with her parents, persons of the greatest respec-
tability, at South Vale, Central-hill, Upper Norwood.
On Sunday morning a young lady, a friend of the
family, obtained permission to take the chili to London
to spend the day with a mutual friend. On returning
home they took the last train to Norwood, and arrived
in safety until near Annerley station, when the de-
ceased leant against one of the doors, which immediately
flew open, and the poor little child fell out of the
carriage backwards on to the line. The young lady who
bad charge of the deceased made a desperate attempt
to catch hold of her, and would also have fallen out of
the carriage had not a fellow-passenger, a gentleman
with great presence of mind, sprang forward and saved
her. The train having stopped, an alarm was raised,
and a search was made for the unfortunate child, who
was found, strange to say, still alive, although the
whole train had passed over her, nearly severing both
legs from the body.

It is stated that the carriage door was left open by
some of the company's servants, which was the cause of
the accident ; but whether such is the fact will no
doubt be elicited from the several witnesses at the
coroner's investigation.