The Express.
London, England, 1850-08-05 00:00:00

NORTHERN pIRCUIT.—CsaustA Am. 3.

The business of this anise was opened pieced*, morning,
liffore Mr. Justin Wightseen and Mr. Justin Creswell.
The calendar was ampantively light, there being only 10
prisoners for trial, and the offences charged (with the excep-
tion of twe cease of manslaughter and two of cutting and
wounding with intent to do grit vase bodily hush) were not
of a very serious character.
Day= PlOO QCACIL

William Tait, a yonWt Sdl,;wri:iiairleof •
who cells himself Dr. Coffin, was indicted for 17,7::
caused the death of William Hewitt, at Parton, MST White-
bait, by adusinis'erieg to him a quantity of • poisonous
drug Called lobelia bifida.
Mr. Jame., in stating the case fa the prosecutioo, said
that the offence with which the prisoner was charged was
owe of • very grave nature—one no lees than that of ma-
slaghter—in having administered to deceased a certain
poisonous thug °ailed lobelia ictista. The lutenist' of the
public were involved in the cue, for the prisoner was accused
of having, by gross negligent.*' caused the death of a
fellow creature. It was well known that cases of • si•
miler kind had slrrsdy occurred, and if parties were
allowed to go on admit terieg dangerous drugs, as it ap.
pearid they had hitherto dour, the canasta:lca might be
most disastrous to society at ;arge. The law in each cases
(as hil down by one of the eldest and most eminent judges
that ever Utile country prodded) was, that if an ignorant and
unskilful person, voluntarily and without neemity (when
vsipetent medial skill could be procured), administered
dangerous Lad poisosous drugs, even though he acted with
the beet motives, and expected the patient to be benefited,
he was guilty of manslaughter. And that opinion was
fortified by_ that of another eminent judge—Lord Ellen.
borough. The learned gentleman then detailed the facts of
the ease at geed length.
Themes Hewitt, brother of the deceased, deposed—Previ-
erns to Wednesday the 19th of June last my brother enjoyed
eomparatively good health, although he was sometimes
troubled with the heartburn. On the above day he went to
his work em usual. He worked in a foundry, and the pri-
soner was a fellow-workmen of his. He returned home in
the evening about 8 o'cl 'eh very unwell. About 10 o'clock
the name evening the prisoner came ; my brother was then
up stairs in bed. The prisoner mined sometkiag in a basin,
and gave my brother two doses. I asked what it was, and
he replied " Lobelia." He gave him the dotes within •
quacer of • hour of each other. He also mined some herb
tea, and give him it to drick. My brother vomited
Mica continuously alter tie took the lobelia. I
Ina from time to time. He was very ill
all night. The prisoner was br.ught again at five o'clock
in the morning, and remained till eght, but I did sot see
him administer anything mere. AU the Thursday my
brother was very sick ; he vomited much. In the morning
he grew worse, and I went for Dr. Wilson about three
o'clock on Friday morning. The prisoner was then at our
house. Dr. Wilson did not c ,me, but he seldom medi-
cine in the meantime, and afterwards Mr. Hilton, surgeon,
came, and ordered an injection, which was administered.
My brother continued to vomit till he died, about 4 o'clock
on Friday afternoon, after much suffering.
By Mr. Berjeant Wilkins.—Dr. Wilson had given my
brother some medicine about six weeks before, when he
complained of cramp in his stomach. The stuff be vo-
mited was of a light grecs colour. When I went to Dr.
Wilson, I told him that my brother was troubled with his
old complaint, and he ant hint some medicine simile to
what he gave before. I don't know that my brother bad
been costive for three days previous to the Wednesday. He
had lost a Seger. It was cut off about eight weeks before
he died, and had not healed up at the time of his death.
Dr. Wilson deposed.—l attended the deceased about six
sierks before his death; he then som-a/Wed of heart burn
(as it is called); It was produced by wind upon the stomach.
I prescribed for him, and he was relieved in the *curse of
Ulf an hour. He appeared to be a healthy man. I sew
his on the Monday preview to his death, and he was then
quite well. He had het ea of his flagon • few weeks be-
fore, and the port was healing up as fast as could be 'seated.
I taw deemed about three o'clock in the afternoon of
Friday, but I had do hopes of his recovery, as he was then
in what Is called " the sinking state." Igm him a little
beady and water, but that was merely to ease him. His
brother came to seemly is the morning, and told me that
he was troubled with hie old complaint. I there-
fore sent some medicine similar to that which
I had before gives him, ad Mr. Hilton, surgeon went to
see him (at re request about eight o'clock. 1 surgeon
a poet
moraine of)
the body, and I have so doubt what-
seer, from the result of that examination, that the prisoner
died from the effects of a poisonous Irritant, which had or*
euioad infiemseatica of the stomach. The vegetable
matter which I found in the stoma, had precisely the
same smell as lobelia ; la fact, I have no doubt It was
lobelia.

--l[;.Beijesat Wilkie, eneeszsatined witness at grist
leagth,endearooriag to show that the damaged had bees
'showily ander disease of the etoutash previous to the ad-
isfabtaring of the audio:lse by the prisoner, mad that dsath
was the of those diseases.

Cake was seat dews bus Lambs, se a eameakeiseef,
to setae the quotas. The presenting, .seedbed to go ea
won him ;di 1847, wham, in ansemense of a differenes
between his sad. the abdomen. la NUMMI 111 1•0010 a,
ad at the summer amine of 1848 two Imes were tried,
sae Nadir to this, berm Mr. Jellies Mb, and melba
minded, sad this oast a third ism arising an of the
district el Osemeallb
Mr. Malin. arsttairl.tlM the sada demilmil Is the
anise bed ambled dem lime imineemerial, end and •
umber of whammies, ell ativemed in rare. ffie sought to
'MOM& the feet of titte *Mame of • MUM all
Gessmelig end hem theme to the Fedi," fa
sagest el whisk the 11 17e. 1114. was rid, lest
111•1141 the 11ila•Mell asallested having bead the Melds. go
be say Wm ass* than that of " Gnat/lig" alms. They
all ram, hewever, that daring theft You., sad as ler book
as thop maid loam the Capita miss had bees the only
oat d robs Ibe titles,
dade►made a ft. e that, hears Mr. Lyan's up-
no *lntim ha
Mr. Kneels*, a the part of the delbedat, produced the
easiest retards from width the Sada had bees drawn up,
aid clearly showed that the imams:lL 17e. 111 d. bad been
flied by as Pairs taiimpenbasien of the abbe
in thou. books; that ma brag airily the
total of the tuaber of ana mime feeladed
" Greentrigg," sad from theme to the Feud. An-
ceding to the entries a the bake. This amount merely is.
animated the acieusaleted anew% of eh* bra modules
from the Gamin estate to the Feald. This entry had
been neismadersteod by time who drew up the terrier, sad
ham the mistake had arisen. The rester es fine coating
is his perish at ems demanded his dues, and the pleintiffs,
set span this gramme terrier, refused them, Nader-
lag him the IL 17s. 31d. ineted. Mr. Lyme, as hue
ban stated, at tint rejected it, but bed afterwerde
received it under a protest. He bad ne desire to litigate,
end rather than be at issue with his parishiesen he
bad allowed as question to rest for minetsea years.
Lad Tenterdm's act at lag* compelled biro to move in the
mast in jetties to hinted( and his suasion. Mr. Knowles
predated documatary oedema to show that the alleged
sodas bad varied is mama in differeat years, emardieg to
the mession of land to the district, whisk proved that the
modes of U. 17s. Yid. bad not bee the modes boa time
Masseecial, aid was a Matt alumni in Maw of the
preetunptioa that the mesa% wee merely the total of the
amber of farm module i• that district for that partial,"
year, as sabred is the book from which the terrier had been
drawn up.
At the emission of Yr. Knowlea's address the plaintiffs
went out of sem with their counsel, and on their return
' Ms. Martin said he was happy to state that the matter had
bee•
TheanJaZl: *:pressed himself highly gratified with the
malt, deaths that it was at all times adviaahle to eft-
clads mak dispels. without analog ill falai.
The terms el the arreagesaent were sot mentioned in
evert, bat we beim we sre right in stating that the
plead& awned le a lair valuation of all the districts but
me, and tithe* is be taken I. proportion, the proceedings in
Chanamy to be withdrawn immediately, and ell litigation to
ease be. that dev.
This esseladed the business of the assize.

P OLICR-BATURDAY.
YARLBOROUOB•BTBBET.

Tat CRAIGI oAlllBl7Aitiozoi;iroili W. Edwards,
tarpon, a(81. Martin'a-laso, woo brought up for final em-
ir Loeb., charged with lariag sod= fulmars% to procurer
abortion.

--Teeiharrie, it will be recollected, was mole by Elisabeth
Hobhe, a married WOllllllll, sad the cam buying come ander
the notice of the Medical Protection Society, the solicitor,
Mr. Hutchinson, wee instructed to take procordior fvr the
oompleinaut simian Ike prisoner.
Mr. Hutchinson was for the prosecution, sod Mr. Parry
was for the prisoner. Matey gestlamen, frinds of the pit-
man, wen is Gout. . . . . .

SoMe further examination of the witnesses took place, but
no new fact of any importance was elicited.
Mr. Parry requested permission to ermine Mr. Fagg
again.
Mr. Fagg was put lute the witaess.box. He said he had
known Mr. Hutchinson for some years. He was a member
of the Medical Protection Society. Did not cause the pri-
soner to be taken late custody. Did not know after the psi-
saner was in custody whether Mr. Hutchinson had said to
Mr. Edwards, on condition of the prisoner signing a popes
him (Mr. Hutchinson) from any action for false
rernotiprittiteat he would get the sharp withdrawn. A paper
was signed and given to Mr. Hutchinson, the object of which
was to secure Mr. Hatehicson against legal proceedinge„ in
ease thecharge was dismissed. The prisoner called on wit-
nem several times, se it was then understood that the charge
would be very likely taken up by Mr. Hutchinson. Had
never told the prisoner he had better leave the country, or
get out of the way, to avoid • prosecution. Had received a
letter from the prisoner, is which the prisoner said he could
not admit the soundness of his (Mr. Fagg's) advice to get
oat of the way of a prosecution. Did not give the prisoner
into custody. Went to the station house when in custody,
because he regretted exceedingly that sack extreme meo
sures should have been taken against the prisoner. After
wards went with Mr. Hutchinson to Bow-street, and to this
court, to ask the magistrates as to the beat course to take in
the matter. _ _ _

On cross-examination, Mr. Fan said the tenor of the
prisoser's conversation with him wee to the effect that the
charge was false.
Mr. Parry said the attorney had a paper in his posses-
sion which be bad received from the phoney, when the
prisoner wee takes into custody, which he challenged him
to produce.
Mr. Hutchinson replied be would state the contents of the
paper. It was—" I request you will accompany me to the
station-house, and I hereby indemnify you against any con-
sequeneei."
The evidence beirg closed, Mr. Hardwick said the case
appeared to be one which ought to go before a jury.
Mr. Parry could not discover there was anything in the
evidence to make such a proceeding indispeoaable. There I
was no corroboration as regarded the medical testimony, nor
was there any medical evidence of anything having been
done by the prisoner of an improper character. The pri-
soner's books showed that the case bad been treated as an
ordinary medical owe, and the medicines produced were
admitted to be of the ordinary character. The case reseed
on the evidence of the prosecutris, and that evidence was
not conclusive, nor entirely without saspicion. The prisoner
had been 40 years in practice, and n had a stain en his
character, and had been the fellow student of some of the
most eminent medical men of the day. The prisoner had
given throughout an emphatic denial to the actuation,
which accusation, whether true or false, W3l likely to have •
damaging effect on him for life. He was prepared to call
medical men to speak to the probabilities of the charge ; but
If the court had really resolved to commit the prisoner he
should reserve that and other evidence, which he hoped
would have due weight with the jury. The real proseeutor
in the case was Mr. Fagg.
Mr. Hardwick said it was the province of a jury to decide
which party spoke truth and which falsehood. The woman
bad made certain statements, on oath, which the prisoner
denied. If the woman spoke untruly, there was an end of
the case ; bat that had not bean shown, nor was that court
the place to show it ; and as there could be no motive that
ao could cocain for the woman coming forward with a
fictitious charge, he must consider it wasih duty to give a
jury an opportunity of saying whether they believed the
woman or the prisoner.
The prisoner was admitted to bail, himself in 2001., and
two sureties in 1001. each. Several medical gentleman
shook hands with the prisoner as he was about to leave
the bar.

Mr. Hilton, lir. Tbourpsea,;mlllr. Brostow who assisted
is tite post merles examiaadoa were also siusined, and
spud generally with Dr. Wilecia. They had so doubt that
had died from .wallowing as irritant poison.
Mr. Derjeant Wilkins having thew addrowed the fury for
the prima's,
The learned Jades eammed up, pointiag out the law, sad
said that before they bud the primer guilty they swat be
perfectly satisfied that the imeased died of lobelia us-
akilfully
The jury retired, sad, in the coarse of haltaa-hour, re-
turned with a millet of Nof
The Jodie stated his approval of the verdict, at the rams
dais exprutift a Imps that ponces of Walden% education
sad skill won ld abstain *ma administering dangerous medi-
dais.
New Perron Cover.
JINXING!, 8001 T, AND Onus v. LTIOI.—CALDNIDI
!mums.

This ease bee already 1;;;;;;41 at the Liverpool modem
Mr. Mortio, Mr. Janes, sad Kr. Uatheak amend for the
ILoowles sad Mr. rMa Vie defendant.
TM fa thle saes aro Gilead while •
Midst ailed Uremia, ia the of %Minsk, Om-
bodged ; the dolowdeat Lys* is the melee el that perish,
es 4 the geodes at isms was windier the M. were
411141101 by a moles of 11. 17e. 84d. a year. The pad* Is
wiry large, rad Ms bees divided Is a mother el 4111Orlds
teem time lasemeseial. Up to the appointor* of Mr.
Lyes to the reelsesilp as **slice Wilma robed to this
IWO el lb/ dais ; bat sir taking Ms iduktotest
Sat apea having tithes et Oramlge end
sad bud his dais nu the true wookuties of
with Muss* the deft& >aWeight wee ae-
rated by the Isadowaele he the died*, ead is 1814 they
appellees& • WWI, to ailed tits amowd, It. 17‘ $44.,
whisk wis boded to Kr. Lyon ea 114. Avillrries day la that
yew Be relleisi ao swept 11. sal tbe eemeguisse was
that'll wee nig lab •• Carlisle bash. The ease asst's war
r4la tie PIN 1816,1616, UMW la 1814 kr. Lynn,
..el lam% awaked the mw.f, nadir • peeled.
ltd esMiased Is de so satil 11184 wtlMat wag gamble
=sir of IL L 1133, bowsaw Lead TUlONdiell adlds le Me thirteen co illties bib Y arassry.
Aiwa the eel of William the Peorlies.ztt
author est vas pedal with a New le
a lid IS Si skate Op" aid it 1,111.

THE EXPRESS, MONDAY EVENING, AUGUST 5, 1850.