Northern Times.
Liverpool, Merseyside, England, 1859-08-19 00:00:00

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THE PEACE OF VILLAFRANCA

The Journal de Frankfort, of the 14th instant,
contains the following special letter from Lon-
don, signed Delta :

" The European press is much occupied with the
causes which have led to the peace concluded with such
marvellous rapidity at Villafranca. There is scarcely
a journal of the Continent or of Great Britain which
has not had its version of these causes. Nevertheless
I think that the historian who would desire to relate
them truthfully ought to understand the following
details.

" Immediately after the battle of Solferino, Count
Persigny, ambassador of France at the Court of St.
James's, had an interview with Lord Palmerston, and
handed to him a telegraphic despatch, dated from the
head quarters of the Emperor Napoleon in Italy, and
containing propositions of peace: It is useless to repeat
the exact details of these propositions, divided into seven
heads ; I content myself with mentioning that Austria
was to abandon all her Italian possessions ; that Lom-
bardy was entirely to pass to Sardinia ; and that Venice
was to be erected into an Italian duchy, with an
Austrian archduke for sovereign, but with a government
and an army purely Italian. The object of Count
Persigny's mission was to demand of the English
Government its approbation of these propositions, and.
consequently its moral support in furthering them.
Lord Palmerston, who doubtless saw in these proposi-
tions a means of putting an end to the war, accepted
them with a haste almost amounting to impetuosity,
and gave the ambassador to understand that Lord John
Russell would also approve of them.

" However, Count. Persigny had had instructions to
reply immediately by telegraph, and Lord John Russell
was at Pembroke-lodge, Richmond.
" Lord Palmerston, notwithstanding his seventy-five
years, and notwithstanding the tropical heat of the
weather, and, doubtless, thinking only of the proposal
which was so likely to stop • the effusion of blood,
mounted horse, rode off to Richmond, and found Lord
John Russell of his own opinion. The two Ministers
then informed Count Persigny that they approved
the seven points, but that, for form's sake, they
ought to submit their decision to the Queen. On
the strength of this declaration, the Ambassador of
France telegraphed to the Emperor that the British
Government entirely approved the propositions of
peace which he had submitted to it. Meanwhile
Lord John Russell had laid before the Queen, who was
at Aldershott, the propositions in question, begging her
Majesty to be pleased to sanction the approval which had
been given them. But the Que,cu, if she is excessively
scrupulous in not going beyond the prerogatives of the
Crown, is anxious to maintain them intact, and she
knew that the approval which she was asked to ratify
was that of two of her ministers only, and not of her
entire council. Moreover, it would appear that her
Majesty saw that the propositions were at least prema-
ture, since they exacted from Austria the abandonment
of that which she had not yet lost by the fortune of war.
The importance of these propositions, therefore, her
Majesty considered demanded that they should be sub-
ceasooeusldh ere ;
sub-
mitted to the entire cabinet. The Queen explained
this, and convoked a cabinet council.
"My information, which I derive from a foreign
but
it s
source, andevid whichevident
th a
tI
the e
Emperor
ons er
Napoleon
pro-
duce to the Emperor of Austria the telegraphic
dispatch of Count Persigny, stating that the British
Government had accepted propositions of peace infinitely
more onerous for Austria than those which her enemy
had offered her." .

CENTRAL CRIMINAL COURT.

-THURSDAY

TRIAL OF DR. .SMETIC6rES'

The trial of Dr. Smethurst was

resumed this

The same learned counsel attended ow behalf of the
prose,cution and the defence.

The examination of the witnesses for the pri
proceeded with.
. .

Dr. Richardson, in further cross,exainination by Ser-
jeant Bnilantine, said he did not think that rigidit3, of
the muscles after &nth was not a symptoralof the patient
having al spaSm during the night. Spatoes were fre-
quently the. result of poison. He did nit make the
experiments in 1856 with a view to being:. examined as

a witness

not to be examined' in Palmer's
case,. fir reference to the -administration, of antimony.
Witness• used to practice as an accouchenir in the year
1854.. Ire• was of opinion that sickness: arising prom
pregnancy; if accompanied by diarrhoea, woidd have ac-
counted-fox all_the symptoms exhibited bylite deceased.

-was at the request of Stejeant Slice
that he gave evidence against Palmer, and he refused
to receive any remuneration for his atterikince. He
expressed his opinion that Cook died froia the disease
of angina •pectoris on cross-examination! by the At-
torney-General. - Heat in the abdomen and the other
symptoms he had mentioned were symptoms of ir-
ritant poison having been taken, but they were also
symptoms of violent diarrhoea, and whenever there was an
excess of acid in the stomach it was likely to produce a
burning sensation. If a patient was suffering from vio-
lent irritation of the stomach from any cause, the ad-
ministration of sulphate of copper would be likely to in-
crease the irritation. Witness was acquainted with many
cases of pregnancy accompanied by diarrhoea, vomiting,
and violent pain in the abdomen. It was customary
for the greatest toxichologists to make experiments
upon dogs and the lower animals, and all these experi-
ments were recorded in the journals of science of Europe.
There were very few cases recorded of supposed death
from slow antimonial poisoning. Witness still adhered
to the opinion that the deceased might have died from
natural causes.

Mr. J. E. Rogers deposed that he was a lecturer on
chemistry for seventeen years at the St. George's School
of Medicine, and was also a registered doctor of medi-
cine. Witness was examined at Palmer's trial. He
was acquainted, by reading, with the symptoms of slow
poisoning by arsenic, and was frequently called in by
coroners to make post mortem examinations of
human bodies. He knew the nature of • chlorate of
potass. It was a perfectly harmless salt, and in his
opinion it would have no effect in eliminating poi-
son from the system ; but supposindg it had that
power, the poison would. be removed before it had time to
act upon the system. He had given chlorate of potass
as an experiment, with arsenic and antimony, and it
had no effect whatever. Chlorate of potass was very
much used as a wash for the mouth to sweeten the
breath. Supposing arsenic and antimony to have been
administered to any one for five or six weeks, he should
certainly expect to find both substances in the tissues of
the body, and particularly in the liver, and also in the
kidneys and the spleen, and if he did not fiad any poison
he should form the opinion that no poison had been ad-
ministered. He did not believe it possible to find any
trace of antimony in the blood without also finding it in
the liver. In every case of alleged slow poisoning the
absence of poison from the tissues would lead him to
entertain strong doubts whether death was occasioned
by poison. Witness could state positively from his own
experience that nearly all the bismuth that was sold
contained arsenic, and he should say to the extent of
half a grain to an ounce. He did not consider Marsh's
test for the discovery of arsenic in bismuth a correct one,
as he had himself found it to fail. Grey powder fre-
quently contained antimony, and he should say a greater
portion than bismuth would contain of arsenic. Anti-
mony was used in several medicines. Witness had seen
many cases of rapid poisoning by arsenic, and the sto-
mach was only ulcerated hi one instance. In witness's
opinion, the condition of the intestines of the deceased
was not consistent with a case of slow arsenical poison-
ing. There was a peculiar appearance of the lining
membrane of the eye that he should always look for in
a case of slow poisoning by arsenic, which was absent in
this case.

Cross-examined.—Witness was now connected with
the Grosvenor School of Medicine, which was for-
merly called the St. George's School. Witness was ex-
amined on behalf of Palmer, to prove that, as no
strychnine was found in the body, Cook could not have
di&l from strychnine. He made experiments upon
animals, in order to ascertain the fact he deposed to.
Supposing the sixth of a grain of arsenic to be found
in an evacuation, he should be of opinion that a large
portion still remained in the system somewhere or other.
Two other gentlemen connected with the Grosvenor
School were examined on Palmer's trial.

Mr. John Lewis Thudicombe deposed that he was t
doctor of medicine and lecturer on practical and experi-
mental chemistry, and he was also a pupil of Professor
Liebig. Witness had heard the evidence of the symp-
toms exhibited by the deceased, and the appearances
presented upon the post mortem examination, and, ac-
cording to his opinion, all these symptoms were con-
sistent-with the deceased having died a natural death,
and in his opinion she died of dysentery. He also said
that from his experience he could state that these symp-
toms were not consistent with death from slow arsenical
or antimonial poisoning. He was also of opinion that
in. any case of poisoning of this description, the poison
would be found in the tissues of the body.
Cross-examined.—He considered the deceased died of
the disease known as diptheretic dysentery. He had
attended two such cases in London. One of them was

fatal ; the other recovered. Witness was a lecturer at
the Grosvenor School.
Re-examined.--Witness had made au analysis of grey
powder, and found that it contained, among a number
of other materials, arsenic and antimony, and a larger
portion of the latter than the former. Re had also ana-
lysed bismuth, and found that it contained both arsenic
and antimony. He could not say the quantity.
By the Lord Chief Baron.—The quantity he found was
more than a trace. In one instance, in a hundred and
twenty grains of bismuth he found about half a grain of
arsenic. He did not weigh it, but he should say that
was about the quantity. Witness did not agree with
Dr. Rogers, that the quantity of arsenic contained in
bismuth did not render it improper to be used as a
medicine. In his opinion it was an improper medicine
to be used.
By Serjeant Ballantine.—He could not state exactly
what quantity of grey powder he employed. He could
have stated it exactly, but he had not had time to ascer-
tain the exact quantity. He was well aware that he
was required to make certain analyses on behalf of the
prisoner, and that it would be essential to be correct.
The grey powder he employed was the description that
was given to children. It was not given several grains
at a time ; one-twelfth of a grain was sufficient. He

was sorry to say that it was a-medicine constantly given
to children in doses of from half a grain to three or four
grains. Witness did not think that the arsenic in the
grey powder poisoned the deceased.
Serjeant Ballantine.—Do you think it had any effect
in producing the symptoms you have heard of ?
Witness.—l think the mercury she took might have
produced the aphthous spots in the mouth. I do not
think that either the arsenic or the antimony had any-
thing to do with the death of the deceased.
Re-examined.—l think that the quantity of arsenic
and antimony contained in the bismuth and the grey
powder would account for a small portion of arsenic
being found in an evacuation.
Dr. F. C. Webb, also connected with the Grosvenor
School of Medicine, and a physician of the Great Northern
Hospital, gave similar evidence to the last witness as to
the cause of death, and said it was his opinion, from the
symptoms, that the deceased died a natural death. He
also expressed an opinion that the pregnancy of the
deceased was a material ingredient in the case, and that it
would have acounted for many of the symptoms that
presented themselves. The witness also stated that he
considered the administration of sulphate of copper to
the deceased in her condition of pregnancy was very
improper, and that bismuth also ought not to
have been given to her unless it was pure. He consi-
dered the deceased died of dysentery, aggravated by her
pregnancy, and he had read of many such cases that had
altogether baffled medical skill. A burning pain in the
bowels, purging, and vomiting were undoubtedly symp-
toms attending the administration of irritant poison,
but similar symptoms very frequently occurred from
natural causes. In cases of slow mercurial poisoniag
all the mucous orifices would be excoriated. He was of
opinion that chlorate of potass would not in way affect
the operation of poison, and he said that if arsenic
were administered and caused death the poison must
decidedly be found in the tissues of the body
after 'death. The witness was examined at very con-
siderable length, in reference to the appearance presented
upon the post tnartem examination, and ho stated that
all those appearances, and the absence of others, justi-
fied him in his opinion that Miss Bankes died a natural
death, and that it was not thD result of the administra-

tion of poison. He said that he had heard the mode in
which, Dr. Taylor arrived at the conclusion that the

arseui and he considered it Wits a mere giess, ani
ought not- to have any weight whatever on the inquiry

wife of a-medical map, and her husband told him that
she was, not in the family wan if he found that the
prescribed did.not ltavetheir proper effect,

he should feel it his duty to muse io.,aer enquiries to
ascertain whether she was pregnant or not. He should
not expect that any medicines would check such a disease
as that to which he attributed the death of the deceased.
He should not have dreamed apoison if he had attended
upon the deceased and had seem all the symptoms that
presented themselves. ,!_, _2

Re-examined.—Fifteen thowand persons cum co
dysentery jai this country,- front the year 1848 to the
year 1854. _

Dr. G. F. Girdwood deposed that he bad very great
experience in cases of midwifery; and he had seen a good
many in whiish pregnancy was-combined with dysentery,
and in one case-the dysentery was very severe. He con-
sidered it highly.-iinproper to, administer mineral medi-
cines in such a, case. The remedy witness adopted in
such a case was the• application of leeches to that por-
tion of the body where. the mecum was placed. He
traced the death of the deceased in this case entirely to
the dysentery and the ulceration and exhaustion conse-
quent.upon it.. All the symptoms in such a case would
be aggTavatecrbythe fact that the patient was of bilious
temperament-_ _ .

dross-examined.--The dysentery of this cohntry was
not accompanied by mueh fearer. was different in iis

character -from-the dysentery- of hot climates.

Re-examined—Witness.l;ad formed his judgment-rim
this case from the dysentery of this country.

Mr. James Edwa. rtis,

surgeon and geileral practi

timer, and surgeon to„ the H division-of police, said
that, in MS: experience, purging and vomiting were
very common in the early stages of pregnancy ;: and
the former was frequently so violent as almost to ex-
haust the patient, and he knew of one case of thjs kind
which terminated fatally. The patient was a.weman
about forty years old; she was married and hod had
several children. The illness continued for sevemi weeks,
and she- frequently complained of burning peals in the
stomath, The ease was so extraordinary that witness
made a, post-mortem examination.
By Serjeant Ballantine.—The patient eras in the
seventh month of her pregnancy. Witness. administered
bismuth to the patient, i.Ed it relieved the vomiting for
the time, but it came on again. He considered sulpate
of copper a very proper thing to be administered in cases
of dysentery. The ccecum and the lower intestines were
violently inflamed, and there were ulcers as large as a
shilling.

[The trial was proceeding when, our report left.]

_.__

THE. GRAND JURY ON INTOXICATION, CRIM
AND THE PUBLIC-HOUSE SYSTEM.

Yesterday, the Grand Jury finished their laboura, and
before separating, made the following presentment to
Baron Watson.

My Lord Judge,—The grand jury of this assize for
the county palatine of Lancaster desire to make the fol-
lowing presentment to your lordship :
In the cliarge with which your lordship opened this
assize you directed the attention of the grand jury to
those acts of violence which occupy a prominent place
in Or calendar. You informed them that it contained
" thirty-five cases of cutting, stabbing, and wounding,
by which eight persons had come to their death."
Your lordship concluded your charge by directing
the attention of the jury to those means of prevention
which might be wisely adopted to check the growth of
crime.

The grand jury have carefully borne in mind both
parts of
.your lordship's charge. They find that the
acts of violence to which your lordship directed their
attention have been of an aggravated description: A
large proportion resulted from quarrels commencing
within the walls of licensed public-houses, after drinking
prolonged for hours, and indeed until it had produced
a brutal frenzy. After savage blows struck in the
house—sometimes producing severe injury—the combat
has been renewed in the yard, or the adjoining road, or
the street, and in some cases an unmanly use has been
made of knives—stabs with dangerous bleedinr, or
infamediate loss of life, or blows and kicks have‘tk*
given with such barbarity as to cause death.
In cases where the grand jury had not before them
evidence of the commencement of the quarrel in a par-
ticular public-house, it has been cleat that the parties
had been infuriated with drink,

The grand jury desire emphatically to express their
opinion that, apart from the moral mischief which the
excessive 11,40 or intoxicating drinks occasions in families
and in society, all the poisons sold to malefactors, or
Wantonly or 6ttrelessly used, cause far fewer deaths than

the unregulaiedZiejof bee;. and spirits. The chaplains
of our gaols have for many years called the attention of
the magistrates of this county to drunkenness as the
chief source of crime. But the magistrates have
only a very limited power over beer-houses, inasmuch
as they cannot limit the number of licenses ; and
their discretion as to the suspension or removal of the
license of public-houses is subject to embarrassing
restrictions. It is especially to be regretted that the
law does not enable the magistrates to seem) the
personal residence of the licensed victualler in his
public-house. The grand jury, nevertheless, suggest
that, in all cases of intoxication causing any breach
of the peace, the police should be directed to ascer-
tain and report to the justices in petty sessions
what were the houses in which the several parties
had been permitted to obtain drink in excess. They
would urge that the justices should pursue those

inquiries, so as to impress on all who are entrusted
with the sale of intoxicating liquors that they
beconie parties to disorder—to much moral mischief—
to breaches of the peace and acts of brutal violence end-
ing in homicide—by permitting drink to be taken in
excess. They therefore frustrate the intention of the
Legislature—that the license should be- held on con-
dition of co-operation with the justices of the peace to
prevent the abuse of intoxicating drinks, and should be
withdrawn if this condition were not fulfilled.

The grand jury conceive that the justices in petty
sessions may be strengthened in the discharge of such
duties if from this assize their attention be called to all
those cases of violence caused by intoxication, and com-
mencing in public-houses, which have been sent for trial
by your lordship, and that they be requested to consider
whether they should take such measures with respect to
the licenses of such publicans as may issue in their sus-
pension'br removal.
Sonic such immediate exercise of the authority of the
justices, followed by a vigorous and persevering ad-
ministration of the law, has become indispensable. The
grand jury, however, feel that if these eftprts. were
than
zu
flac cititeesti stefeue
sll
itoelfien)s-elds o;uiledt
u beer-houses laci al
keptevie.
s. u
by
yt o
au crhuedde r tchl
ae s ns i
oi sfc
ph leer vs
oo
nu
ss
Either, on the one hand, the sale of beer and spi-
rituous liquors may be safely made an open trade, both
without reference to the character of the dealers or to
any guarantee for their pod conduct ; or, if such a trade
cannot be suffered without control, then the security
which the Legislature has required from the licensed
victuallers should be rendered thoroughly effectuaslgl,fiuroaaiunlncld
extended to beer-houses. Such security should be sought,
not only in the provisions of the statute, but also by an
administration of the law prompt, earnest, and free from
personal or party favour or interest.
The present law neither effectually. promotes un-
wholesome restraint nor is it consistent with an unfet-
ttieorietdariteras,deo.n
two Iti is
conflictingadmini s administered r eadn
dby ill-definedtis- o cl a sosuseTseho ef
principles,
so as to co. cause uos
opinion
i m. aa
on confusionnd tthhaathat the
tthhee ilnaauowts
authority
1 oans tyothe injurious
hdndemd be
anjtelouiessr
otuytechfi
hivenen: -tsetulhthrl -e
being of those who. are supported by manual labour,
intention
and
intoxi-
catingntto shouldod
drinks
n: 1 cnookfmhs
etehimnea a
Leer-houses
reeetegturi i
st-nfhlidafolotuurssmroeesu:
and
ne dof
public-houses
ucbr
li
ime
-eh.
ibuerY assimilated, are
secure.. a prompt, pure, and faithful enforcement of the
a nTdh The hgorual
to say that no graver question of domestic legislation
awaits the action of the Executive Government.

The grand jury cannot conclude this presentment
without expressing their earnest concurrence with your
lordship, as to the supreme importance which you
attached to all the moral means for the prevention of
crime afforded by the religious bringing up of our
youth, by
.private example, and in efficient schools.
They likewise desire to rejoice with your lordship in the
marked success which has hitherto attended the insti-
tutions, of late created, for the reformation especially of
females and juvenile offenders. They would further
urge that the associations of " patronage," which aid
the reformed adult prisoner, on Ins discharge, to obtain
an honest livelihood • by. work, deserve confidence, and
that an immediate extension of such societies is rendered
desirable by the practical abolition of the punishment
of transportation.
- r. P. ICAr SavrrtuwonTn, Foreman.