The Daily Times.
Liverpool, Merseyside, England, 1860-12-10 00:00:00

TIM AMERICAN CRJSIS AiNID. THE

ENGLISH .49NP4 Y MARKET.
The Timbi to-day says the lAteii,froin N.e4.:tork
represent the money panic to be virtually at an end.
There was every prospect of a glut of gold such as has
never previously been experienced. Recently it was
gold that was in demand, but by the time our gold
floats out, bills may possibly be the articles most sought.
Under these circumstances many persons express sur-
prise at the shipments now being made by the merchants
of London and Liverpool, especially as the experience
of 1857 must be fresh in their minds. The news of
that panic arrived in the middle of October, large sup-
plies of gold were immediately sent out, but within a
month it began to flow back, until; hi the middle of
December, we imported from. America, in one week
alone, a total of More than £860,00d.
The Tines says that if a Change in the conduct.ef the
New York banks had not taken place, a number of
sweeping failureS would inevitably have beon announced,
which wptild have forced those institutions also to sus-
pend. All fear oil the subject, had now ceased, and the
only contingencies apprehended as likely to create a
revival of distrust, consisted in the possibility of very
bad news coming from England, or of any fresh and
unexpected display of violence in the south.
The Herald says the impression is strongly entertained
that the drain of gold will assume proportions larger
than was anticipated, and that the shipments taking
place will, over-supply the required demand. All the
principal American houses forward bullion by to-day's
steamer. The question .of loss exercises little weight,
when it may be requisite to employ aid to secure the
position of mercantile establishments ; but the Herald
adds that the continued withdrawals of gold for America
is rather telling Upon the general supply of accommo-
dation.

CHSTER ASSIZES:-SATURDAY.

ki:. ihsticb lilabkbuitj

GENEALOGY OF EUGENIE.

THE EMPRESS OF THE FRENCH.

We are enabled to lay before our readers a brief
sketch Of the genealogY of the Empress Eugenie, com-
piled from a superior and titipubli§hed genealogical tree,
by Mr. J. Campbell Gracie, of Dunifries. The chart
has been very carefully prepared from the most reliable
sources ; and we think a compilation of it will; at the
present moment, when every town and city in England
is ready to pay homage to the Empress, be acceptable
and interesting not only to the Scotch, but to our readers
generally.
As we have already stated,: traditiOn asserts that the
ancestors of the Barons of Closeburn the Pregenitdrs of
the Eniptess bf thb Frerich, pti§sessed lands in Nitlisdale
and dalloway about the year 860. The first of the
family, however, on authentic record, is Yvone Kirk-
patrick, who flourished during the reign of King David I.
of Scotland. His 'Janie appears as witness to a grant
by Robert Brus, Lord of Annandale, to the masters of
Abbey Holm. This must have occurred in the 12th
century, for Robert Brus died in 1141. In 1238 Yvone
de Kirkpatrick, who had married the datighter of B4Obert
Brus, obtained a confimation Charter of the estate at
Closeburn. We then trace the family in a direct line
from Yvone to Adam and Stephen Kirkpatrick, styled
in the chartulary of Kelso, Btephanus Dominus, who had
two sons—Roger, who succeeded to the family title
and estates, and was made by Edward. of. England,
Justitiaty of all Calloway, with William troughton,
and sent with Sir Neil Campbell, an ancestor of
the Duke of Argyle, ,on an embassy to England in
1314 ; the second son was Duncan, who married
Isabel, daughter and heiress of Sir DaVid Torthorwald,
frequently mentioned in the blind .minitrere life of
Wallace, to whom •he was a relative Mid adhererit:
vr-4.--1:1,11OVE Atoger, -yr= OreatOCl a
baronet,,and afterwards murdered in his own castle by
his friend, Sir James Lindsay, who was executed for
the crime. At the decease of Sir Roger, his nephew
Umfred succeeded to. the estates. He also had . two
sons—Sir Thomas, who figures in the annals of his
time, and Roger' of Closeburn, who married the daughter
of Thomas (first Lord Sornerville)-Margaret, by Whoni
he had Alexander, Who redeited the barony of Kirk-
michael for tapitiring Janie% ninth Earl of Douglas, at
the battle of Brans Wick in 1484. Alexander, being a
younger son, did not succeed to the estates, and from
him springs the family of. the Empress. We find the
names of William Kirpatrick, of Kirkmichael, Alex-
ander, and William, who sold the estates to Sir John.
Charteries' of Amesfield," about 1g221 and Who 64
two sons, George of Knock, arid Robert of Glenkiln,
who .by Henrietta Gillespie, of Craigshield, had four
sons—Thomas of Lambfoot, Robert, John, and William
Kirkpatrick of Conheath. The last married Mary
Wilson, of Kelton, Kirkcudbrightshire, of whom he
appears to have had nineteen children. The sixth son,
William Kirkpatrick, born in 1764, became American
consul at Malaga, and married Fanny, daughter of
Baron Griesegnee, by whom he had three daughters±
Charlotte, Harriet, and Mary. The Consiil died in
1857. Nis daughter Mary married the Count del
Montijo, grandee of the first class of Spain, by whom
she had Eugenie, the present Empress of the French.
Harriett married the Count de Cabarras, and Charlotte,
her cousin, Thomas, son of John of Ostend. Mary, the
Empress's elder sister, married the Duke of Berwick
and Alba.

, •
Jane Forbes, ninth daughter of William Kirkpatrick,
of Conheath, died at Nitbbank in 1854. Her brother
John became a merchant at Ostend, married Janet
Stothard of Arkland, and had four sons and one
daughter. One died at Havre in 1857, and the descend-
ants of the others are now residing in the neighbourhood
of Brussels.
Turning back td tfle old ste'cir, *e trace the family
upwards iti a straight line to Sir Thomas, second
baronet (of Nova Scotia), who flourished in the seven-
teenth century, and married Isabel, daughter of Sir
William Lockhart, of Carstair. He had four sons and
one daughter. One died in Calcutta. Another, Wil-
liam, married Jean, daughter of Charles Erskine, Lord
Alva, Lord Justice of Scotland, and great grandson. of
John, Earl of Mar. William's son Charles, adopted the
name of Sharp% in adeordance with the will of Matthew
Sharp, of Hoddam, who bequeathed to him the whole
of his property. Sharpe married Eleonora, daughter of
John Renston, of Lamerton, by whom he had ten
children. Matthew was a general, and M.P. for Dum-
fries, and Alexander was made admiral in the royal
navy.
The third baronet was Sir Thomas ltirkputricic, who
married Susanna, daughter and co-heiress of John
Grierson, Esq.,
children, the third being Agnes Grierson, who married
of Capernoch. He had a great many
Ewart of Mulloch, the representative of many of the
old families of Galloway. James Ewart, of Mulloch,
his son, married Margaret Wells, and secondly Margaret
Christie, of Baberton. His
son, John Ewart,
was ministerp of the parish of Troqueer, and he
had three sons and two daughters ; one was
William Ewart, merchant in Liverpool, who mar-
ried Margaret Jacques, of whom he had two sons,
J. C. Ewart, Esq., M.P. for the borough of Liverpool,
and W. Ewart, M.P, for Dumfries. A second son of
John Ewart was Joseph, British Ambassador in Berlin,
who married the daughter of the Prime Minister of
Prussia. Agnes married Mr. Porter, of Troquhain, and
another daughter married a Mr. Lee, of Manchester.
The fifth baronet of the old stock, and descendant of
the first Baron of Closeburn, Sir Thomas, married his
cousin Jane, daughter of Charles Sharpe, of Iroddam,
and bad four children; Leonora who married Edward
W. Hope Johnstone, R.A. ; Vary Ann, who married
Henry Lamsden, Esq. ; Margaret, who married J. Mac-
kenzie, Esq.; Charlotte, who married W. Henry Burn,
Esq. The baronet according to the tree is Sir Charles
Sharpe, of Kirkpatrick. Each of these families have
branched out in various directions, and the members of
the family are numerous over England, and in various
quarters of the globe, where cornmexce, agriculture, or
, science hold their sway.

CHARGE OF MANSLAUGHTER AGAINST A
WINE MERCHANT AT BIRICENHEAIi.

Thomas Oatfield, the elder, surrendered to take his
trial on a charge preferred against him for killing and
slaying Patrick Whelan, at Birkenhead, on the 23rd of
October last. Mr. Giffard, assisted by Mr. Horatio
Lloyd, appeared for the prosecution, and Mr. Welsby,
assisted by Mk. M'lntYre, were counsel for the prisoner.
On the case being called upon, the Clerk of Arraigns
inquired whether there , had been an inquisition held
Upon the deceased; .2nd, if Sci, \Acre thd depositiOris
were. Mr. Giffard said there and.a verdict retrirned,
which, in reality, amonnted to =hag: The o:ironer
did not, in such cases, forward a copy of the depcisitions.
The Coroner's jury's verdict was then handed to his
lordship,,who, en looking at it, Olisezved that it was
very strange that coroners would not take the trouble of
writing the inqUisitiOns iiPon parchment instead of
paper, as was the fact in the present case, gr. Giffard
replied that he believed the dotitte pursued by the
coroner was that, when the verdict was what was ailed
" finding," the inquisition was taken upon parchment,
but when the verdict amounted, as in this case, to

nothing, .it was written upon paper. The prisoner, is a
distinct tone, pleaded not guilty. The circumstances of
the case are fresh in the memory of our readers. The
prisoner and the deceased were in partnership as wine
and spirit merchants, at Birkenhead. On Thursday
evening; the 20th or September, in the course of a
quafrel bet. Ween them in the vaiilts; relatite to some
business ,affaid.' the prigoriet stilick the deceased a
blow `with his. hand dpoti the side of the head,---so
slight; indeed; that the deceased did noL feel 4ny
worse from it, but remained on the ptetniseS, assist,
mg to attend to the wants Of his customers, up to about
.eleven o'clock, some three-and-a-half hours after the
'occurrence. The deceased returned to his work next
morning, and stayed until a late hour the same night.
Ire again retufned dii the Satiirdayporning, but went
home soon in the evening, as he cotnplained of some
tobacco dust having got into his eye. On reaching home
he complained of "a splitting headache," and on Sun-
day evening he had a fit. Dr. Downing was sent for,
and on his arrival the deceased had another fit, and six

others during the night. On Monday morning he was
able to go out, but, as his wife said, had a very bad
appearance, and continued in much the same state until
Viccln9Sday, when his wife observed that he was begin-
ning td lo's6 his .nitmory, ,and.,eottld not remember
anything that had occurred: On Thursdly eight he
gradually grew worse, and on Saturday mdrrlitig, allout

Pcl." The deceased was, it appeared,
of intemperate habits, and for some two or tftree
before the occurence of the quarrel, he was noticed to be
highly exeiteable in his manners. A post-mortem
examination of the body was held by Dr. Downing,
assisted by, seberal other medical Men, Who fottncl several
bruises upon the legs, atiel on the left side.of the skUlli
about kito indhei above ihe ear, FiisCol-reied a spot-of
Congested blodd, ahodt the sae Of, ,h,,ilf,a,:crevin. The
Meinbraffei of the, brain were adhOed to iliV•hdne,
exactly,dpposite this spot,. *high thef stated must have
been, the rep* pf a bruise—a Mack cyo Might .hate
caused the appearance they found,: The blow given by
the prisoner +as alleged to have causesi this braise,
and thus have accelerated his deaths hAt Abe. ineilical
°entlemen, on examining the skull closely, found several
red splits, with a pinkish rouge colour, and
on removing some more of tad substance away, dis-
cp*eved that the vessels of the ventricles were in every
highly congested statel and also that the deceased
Must hate sidered from ofteithig of the brain. Dr.
M'Dougal; one of the geiiilettieri TtreseK a the
examination; gain it His *Asti that the
ecehymosis:lie,had described might hee been.caused. by
a very blow, as the skjill,w very
ag,. thin; > ut they
had found no external marks to make them lielieirc,p,
blow had been struck upon the head. At the dofieM7
'sion of the case for the prosecution his lordship thought
there was no evidence upon which the jury could con-
vict, whereupon a verdict of not guilty was given, by
direction of the judge, and the prisoner was immediately
discharged.
MARGE OI MANSLAUGHTER AGAINST EVAN

T-40-ArA5-•-Actili-iTtAL cIY TI#E pßiSoXtit:
Evan Thdmas surrendered to his tail, to artSifef d

charge Preferred, .agaiiiiski
.fer killing and slaying
Francis Tiriilin, at Birkenhead,. on.ig.l9th of 06tober...
.The court was crowded to eidess during the whole;of
the trial, by a large number of the most respectable
tradesmen of the city, and several gentlemen from
Liverpool. Mr. H. Giffard. and Mr. Horatio Lloyd,
appeared to prosecute, and Sergeant Parry, assisted by
Mr. Welsby, Mr. J. B. Aspinall, and Mr. APlntyre,
defended the prisoner. The prisoner was at the request
'of Sergeant Parry, favoured with a seat, and in al clear
voice pleaded not guilty to the charge.
Mr. Giffard, in. opening_ the ease, said the prisoner
was indicted for the offence of marislatigliter
offence, though general in its terms; as they knew, varied
in its circumstances and in its degrees of Moral diflpa-
bility, more, perhaps than any other offenee Known to
the law. By the complexion of the charge; it would
seem Chat the prisoner had caused the death of a. little
'boy about eight years of age by negligence. The Cir-
cumstances under which the charge was made were
these :—The prisoner, it appeared, was what was popu-
larly called a bone-setter, having au extensive practice at
Liverpool, though not in the ordinary way as a surgeon,
not being duly qualified for that capacity, yet he prae-
ticed in setting fractured limbs ; and the indictment was
that the prisoner exhibited, such a want of skill . and
amount of negligence in, the present case as rendered
him liable to criminal justice. This was the'ground of
• the present proceedings. The deceased, a child of eight
years of age, was taken to his place of business for
. treatment, and the prisoner thinking it was suffering
from a fractured hid treated it accordingly—there was,
hOweVer, rio fractitre.-4n the cOnrso of Which, it was
alleged, he exhibited such a gross want of skill arid
reasonable amount of negligence that the result was the
death of the child. Under these circumstances the
charge was preferred. He might mention that
though the prisoner was riot a regularly qualified
practitioner, yet that faCt could not be used against him
in the consideration of this case, because, whatever might
be his line of life; he was perfectly jiistified by the law
in pursuing such a course, provided he did not exhibit
• such gross want of skill and judginent as to cause the death
of a persod. The low could not either, therefore, be used
against him nor in his favour;—the only thing he was
responsible for, whether he was qualified or not Vali-,
fled, was whether he exhibited a Leasonable amount
of care and attention in the case he had undertaken.
There was
at one time that the fact. of a person not
being a regularly trained practitioner rendered him
More amenable to a aiarge of this description, but
Rich was not the case now; the only question now was,
whether the person; Whether a regularly trained practi-
tioner or not, did in the course of his praetide exhibit
such a gross want of caution as to produce death
by • his treatment. If so, then he was liable to
an indictment for manslaughter. The learned judge,
' Mr' Justice Coleridge, had, Upon a ease where
a surgeon was charged with haVing used in. such a care-
leg§ manner, in his treattlierit of a whrtlail iii labour? art
instrument by which it was alleged he had caused the
death of the woman, laid down points for the considera-
tion of the jury very plainly, which he would read to
them. He said the question for their consideration was,
whether he used the instrument in such a manner as to

cause the death of ,the.,weintanTol,4hetherlie. exercised
a proper amount of skill and eatitioii. In this instance
a verdict was found against the man, and in seferal other
cases verdicts had also been found against unqualified
persons. The question, therefore, for them to consider
would be whether the prisoner exhibited sufficient Eaten.:
thin and care, or whether he exhibited a gross amount of
eafelesstiess; and thus hy his ft:6o*ft accelerated the
death- of' the child. -ilo and 68 laaiti(;4l- liiandi Mr.
Lloyd, appeared there to-day to prosecute on behalf of
the Crown, and had no desire to place before them
anything but the mere facts of the case, and it
would then be for them to say . whether it was
possible to come to any other conclusion than that the
prisoner had been guilty of the charge imputed to him.
he defence which was going to be Made would be, per-
mf r
ai suttaukree
clh
;e h
buta d
tcboemumiitt t du
si nt
be
eu
haps," that the piisolier *as nBl tesponSibla fat the
m
psphooswinngthtahtethdalitilm&iastalkege
was not occasioned by gross inattention and want of care.
He had thought it necessary to point out that question for
them to consider, and he would now detail the circum-
stances of the case, It appeared that the deceased child
was suffering from an abscess in the thigh. A medical
gentleman was called in to look at it, and it would .pro-
bably be conceded on all hands that he adopted the pro-
per treatment. The mother of the unhappy child
appeared to be unsatisfied, however, and thought thats ome-
thing more should be done,. and that the ordinary and
careful treatment of the surgeon was not, sufficient. She
appeared, therefore, to have persuaded het htfsband to
take the bhild to the prisoner; The child had exhibited
lameness, and prisoner was led to believe. froni the.state-
mefit of the 'Jason Whtt brotigbt the child; that it was
suffering from a fractured limb. Pethaps it would be
sufficient for him (Mr. Giffard) to say that persoriS frhO
went there, for the purpose of receiving advice and
assistance were entitled to expect that the person to
whom they applied was able to treat a case properly,
and went there on that account; and that the person to
*hOin they applied was
.expected to give his own
rational opinion. The gitat question, therefore, for
them to try would be, whether lie e±hibited proper care
and skill in the exercise of that opinion. Although the
treatment might have been proper had the child been
suffering from a fractured limb, the question would be
whether that mistake was made from a want of• proper
skill, dr *liethet it. was a mjtstake which might ha made
by any qnalifleci surgeon. The Prisdiiet, on hearing the
statement of the father, said he must have „Jos,
for setting the limb, ereupon the father stated
that he had not 10s. upon him, but that he would
give him 55., and pay the remainder' when he returned
with the child on Monday, but the prisoner said he
could not give credit. The father consequently went
out; and meeting a friend who lent him the money, the
child was taken back, and the ptisoner proceeded to set
the limb. 'ln doing so, he handled the limb in such ft
manner that a kind of crack, or something that seemed
to be like the setting of a broken limb was heard. The
limb was tied up in splints, and the child was con-
veyed back home to Birkenhead. During the next day
the child suffered the most severest torture, and'a disease
called pyremia set in, and the child died on the following
Tuesday morning. Upon the question of manslaughter
there could not be lunch doubt, but be considered it
necessary to describe the treatment by the prisoner and
the result of it. The child, as he had mentioned, was
suffering from an abscess of the thigh. Now, he thought,
that the natural tendency of the condition of the body
was such that, when there was a formation of purulent
matter in a portion of the frame, there were some exceptions,
but the tendency was towards the surface. Medical men
were not exactly. agreed upon this point; but the supposition
was, that the impure matter formed into a little bag,
and gradually, as it went away, displaced the access,
and then comes to a head. The skin became so tight
that it soon afterwards broke, and the matter was let
out; therefore, the first step to be taken was to get rid
of this deleterious matter as much as possible. Dr.
Lambert, who was the first man called in, treated the
child with warm potions; but when the child was taken
to the prisoner, instead of being treated so as to bring
the matter to a head, the limb was tightened, and the
effect was, that it prevented the purulent matter from
coming to the surface, and the pain must therefore have
been very acute. The pain increased, and there was
danger felt for the life of the child, which it was alleged,
upon this occasion, resulted in the disease of pywmia.
This disease consisted of a taking up of the purulent
matter into the circulation, and almost directly produced
death. This was the treatment the child received at the
hands of the prisoner : but he might mention that
before it was taken to him no symptoms of the disease of
pfmmia was visible, and soon after the treatment by

him it set in. It was not possible to say exactly shat his
treatment was the cause of that disease; no one could
say so Without denienstration; bec;atise there Wrte a doubt
in everything,' biit they' would he told that the re.sifit
• Was likely to follow the ti-eati4ritlof t4e,prisoper and
then it would lie for tlierii, exercising their own common
sense, to say whether it was so or not. The only question
'that, then remained was, whether that treatment tag se
grossly unskilful and deficient in proper care, as to acce-
lerate the death of the child ; and upon this question
they would have medical men called before them. He
might, before concluding, say, that while the child was
being exhibited to the prisoner for the purpose of treat-
nient, that its ibg Was held up in such a way that any
person acquainted with fractures could see that it had
no.such,symptoms as,the prisoner thought. It was gene-
rally said that the moment there was a fracture the per-
son immediately lost all strength of the, limb ; but it would
be shown to them that. before the child was taken to
the prisoner, it had the .use of the leg. It had been
suggested by some medical men that td-ptit the limb in
splints was a proper proceeding; but if they observed
what was done by the prisoner,—and if he (Mr. Giffard)
was instructed rightly, the course he pursued was a
Wrong one, because he did not allow the leg to remain
quiet and let the hone 4 get settled in their proper place,
but allowed it to dangle about. . ,
Patrick Timlin was then called and examined by Mr.
Lloyd. He said : I live at Birkenhead, and am the
father of the child Francis Timlin, who died upon the
9th of October last, aged eight years and eight months.
I remember Tuesday, the 2nd of October. I observed
the boy was a little lame. I examined him, but could
net see anything the matter, He got more lame the
next day, and the next still terse. On the Friday I
sent for Jr. Lanibert. He came; and.daniined his leg,
and, ordered 844 to, applied. ou the nentre
of the thigh, stn ,d genie Wine and strews Meat to be given
to hiM. foidthiw hig.direatiani ting the
following day. The nett day, by the perstiasion Of
his mother, I took him to the prisoner's establigiirrieUt
in Liverpool. I saw Mr. Thomas. He examined the
boy's leg, and told me that the boy's thigh bone was
, broken; at the same time pointing with his two fingers
to his knee: I stripped the leg, and afterwards asked
what his fee would Fe fdr setting the bone, and he replied
10s. When the prisoner looked at the leg, the, child
was sitting upon my knee and lifted the thigh Jittifself:
I told him I had not 10s. upon me, but I had 55., and '
he might take that, and when I fetched the boy again I
would give him the remainder of the money. He told
me he gave no trust, and could not set the leg unless he
got paid: I then took the child into the cab that was
waiting and While doing so a man named
Gaitiq, v 7116 had foildWed iris from came
up, and d told him vi7luif, f sidnied.., lie said, " Cenie
:;.!ck, and I'll give you the remaltlat of fh'l intonet.°. • I
returned to tub prisoner's place, and, after paying him'
the money, he proceeded to set the leg. He got a band-
age and put it round the knee, and then got some sort of
plastor, sortie tow; and some infeces of stick, and fastened
them found the leg. He took hold of the lad's leg, and told
Garrity tq td lie held Of. the Pp Pet part of his thigh. He
sciseied the leg, its ftifttinif the tlandage on?
,aftd the child
gave , "an..unasnal squeali!), ansf aftefvfafds "tatter
fainted,7' whereupon a,rimars got& ilaltef ,
The '.4lsittir then eon,nu*ed:lpytting, on the' handles,
plaster, tow,:and ,The:leg *as baadaked uipto the
top of his thigh. ,When I left he gaV-e direhti,4t4o4e
back again on Monday,,and to keep the bandages; datfit,
by dyplying firtegahand,water, but not to4listurbthern..
When I shorted hirti the elnildVeg4 observed it.was
slightly swelled. It was not flinch inflamed that .cotild
notice. On the Sunday the boy appeared to lie•ferY bad.,
He was in great pain, which increased on Monday, and
manned to get worse from the time the bandages were
put oft until he died In consequence of his being worse
On Monday; I sent for Dr. Lambert, but went to Evan
Thonias first. I sat the prisoner's son, who offered to
OeSetibe for fife tq. I dud salt the prisoner, but he
told me nothing was to d6'. Mr. Thornas's son was
present On the Bas3:rday .evening' When I was
there, but ;he did not talie' 01/ 144. whateter
in the affair. He gave nie prestripti4
Monday. When Dr. Lambert came on the ItiondaV, I'4 ;
took the bandages off, and after doing so, the child lifted
his leg up to him, and seemed to get ease. He ordered
him wine, but he could not take anything at the time.
I was present when the child died.
tlfeso-eiamitied by Sergeant, Parr --I have lost a
Child since the (Math of Francis. I • hare had seven
children, and fink have.: all died when young.
Previous to noticing the child, to he lirriebe' Met With a
slight accident.: bis little, brother, a child between ,tirle
and thtee ;rearsOf age, had itniqk
.him upon the knee
with the handle 6-7 a life, I could not,pereefie the
child to be delirious on the Thdreday pr •Friday fight.
I did not take any particular notice. I liVe in Bryon-
place; Birkenhead. I occupied, at the time of the
decease of the child, a single room, in which my wife,
two children, and myself, lived. The longest any of my
children who are dead lived was three years and three
months. it was about seven o'clock at night when
I crossed the river with the child, on my road to
Evan Thomas 'on the Saturday. I took the child
to the -:-Woodside Ferry in the street railway 'bus ;
and after I got to Liverpool; 1 employed a cab
to convey us t 9 the pris'oner's establishment. I. got him
back about dine o'clock, after being away about two
took hours. I did not sidniipon the y at.all—merely
the child straight there and back. ''hen lir. Lambert
called upon the Saturday he promised to visit th 6 child
again in the Course of two or three days. He did riot
come en. Monday until he was sent for. When at the
prisoner's place on Saturday I saw Mr. Hugh Thomas
passing in and raft, of the house. I don't remember
speaking to him or in his *manes I did see the knee
of the child when Dr. Lambert, teak the bandage off.
The swellinc, was about the same.
Thomas Garrity was .next called, and examined iIY
Mr. Giffard. He said—l live at Birkenhead, and
accompanied Timlin on the day the child was taken to
Mr, Thomas's, We sat down, and the prisoner began-
to *Pare the bandage for the child's leg. The trowsers
of the child were loosed down, and the thigh exposed to
view. I did not notice any swelling upon the thigh.
Thomas got the child's leg between his legs, and his hand
upon its thigh. He told me to put my hand upon the
top of his thigh, and I did so. He squeezed it gradually,
and I fancied I heard a crack. I could not say what
part at the leg it appeared to come from. He got some
splints and rid therm on the leg.
Cross-examined by Mr: '*elsby'—l helped to carry
the child home. I believed he emild not walk:. The
time occupied by the operation would be a little above
five mintitcs..
Ann Timlin Was next called, and examined by Mr.
Lloyd—l am the wife of Patrick Timlin, and mother of
the deceased child Francis. On Tftesday, the 2nd Oet,
I first observed 'that the child was lame. an Wednesday
he was " lamer." On Thursday he complained to ind 6f
the lameness. I. sent for Dr. Lambert on the Friday
afternoon. He came and ordered poultices' and wine to,
be given. I followed his directions. On Saturday the
boy did not appear Much worse, but complained of lame-
ness.' He was Up and walked ahant on the Wednesday,
Thiirsday, and Friday. lie also walked about a little on
the Saturday. When his father took him over to Mr.
Thomas at Liverpool, I dressed and lapped him well
When he came back that night he appeared
much worse—he was very flinch weaker. During the
night he complained of the knee' and where Ire was
bandaged down at the bottom of his atorftatli: Id e
wished to pull it off, as it was painful to laiitt He
never slept at all that night, but kept screaming every
ten minutes. During the following day he got worse,
appeared in great pain and almost insensible, and could
riot take any food; On Sunday he was much the same,
but on Monday be got weaker, when I went for Dr.
Lambert, and he Caine in the evening. He was coming
as I was going into his hon Se. When he Came he too'
off the bandages, and ordered him td hate some uottrish-
ment ; but he could not take any. The followinguotn:
fug; at half-past five o'clock, he died.
Cross-estanlided by Sergeant Parry—l went for Dr.
Lambert, but have found ont, since the inquiry before
the magistrate, that I went to the wrong ionr, I saw
an old woman at the house I went to, and in answer to
i
a question from me she said the doctor was not
n. I
then came away and' left no message. The house I went
to is not a doctor's residence, and I cannot account for
the siontan saying that the doctor was not in. I went
to the right house ht the evening, and found the doctor
just corning to see the child. The child was not up the
whole day on Wednesday, Thitesday, or Friday. He
did not complain of a singing in his ears on Friday, bu. t
did complain of, his head being rather light, and a pain
in his head and ear. ,
Sergeant Parry—bid you not say before the magis-
'trates in his ears
Mr. Giffard objected to the question.
The Judge thought that it did not matter much, and
overruled the question.
James Lambert was then called and examined by Mr.
Giffard.—l am a member of the College of Surgeons,
and,-Union medical officer for the north district of Bir-
kenhead. That Is the district in which Mr. Timlin
lives. In conserprence ofa communication received
from the relieving-officer, I visited the direisaenidinFerte.ie
Francis
Tinilin; on the sth of October last:
right .thigh of the. child,and foind that there was
a
swelling in the middle and outer portiondi of it. I looked
at the lungs, felt the pulse,„l d
,an then conclude
to fend
at
there was an abscess formin. rected
.them
the child well, and promised to call againfew days
The sth of October was a Friday, and my intention was'
to see him on the Monday. I went on Monday, and
found the child evidently sinking, and examined the
thigh, which I found bandaged with splints. I inquired
what the meaning of it was, and was informed. I re-
moved. the bandages, and gave the child some wine,
and ordered him to be given as much as he could take.
The condition of the swelling I had previously treated
Was more suffused. Supposing there was an abcess
forming it would greatly increaseabsothretiopnain,f and
be very liable to promote th
matter, and cause it to go inaenotheertptdhe fatherirectioon,d
h
putting bandages upon the leg. I met. Ion;
h.aate
he
l.
eed at
Tuesday morning as I was going to his house
informed me that the child was dead.a
on ookt
body of the child the same morning, an
follow-
ing Thursday assisted in a post
he No in
rton examation.
The witness then described what found at the post
mortein examination. The lungs were congested, and
there was also a slight congestion of the brain; there
which corresponded
was also a large abscess on the thigh
with the swelling I had seen during life. In my judg-
ment the cause of death was pyfflrnia. The bandages
I foUnd upon the child's leg were calculated to produce
the condition of body I found. From my knowledge of
the case during life, and what I fter death my
opinion is that the pyminia was caused by the absorption
saw a ,
of matter into the blood. I believe the bandages caused
that absorption of matter into the blood. I took out
the right thigh bone, and there was no fracture on any
part of it. In the case of there being a fracture of of the
thigh bone, the power of motion does not remain with
person whose thigh is broken; at least if it does, it
would be very slight. When I saw the child on the
Monday it moved the thigh up and down. Had there
been a fracture of the thigh bone, it would not have
been in the place where I saw the swelling, but at the
knee.
Cross-examined by Sergeant Parry I wasn't ot
aware that the , child
until I was coming out of the door, or I would
Thomas
had been to Evan
not have gone, because I make a habit of never attend-
ing ,a patient where another practitioner has been called
in. I would, being parish doctor, have gone if the
child was dying. When I took the bandages off the
knee I knew the child had been to Evan Thomas. I
know Evan Thomas is a popular bone setter, but not a
qualified practitioner—at least, I have never seen his
name upon the list. When I made the po.Bt mortem
examination I did not give Evan Thomas notice of my
intention to do so. Four other medical gentlemen were
present at the examination. Mr. Evans was one, and
the other gentlemen attended at his request. I have
power to recommend the parish authorities to supply

THE DAILY TIMES, MONDAY, DECEMBER 10, 1860