The National Register.
London, England, 1819-04-12 00:00:00

THE NATIONAL REGISTER.

TAUNTON, (flosmastrt), Aram I.
(UtforsMl Barr.]
JINNI/UV. PALMIER.
This was au actiub brought to removes flee sam of ma.
under tiettunstatmes rather pecuiisr.
Mr: fiergeint Paid. opened the ease—The parties, he
said, were respectable farmers residing at Ashiuglon, io
the county of Somerset, Whche the plaintiff was possessed of
a certain close, among other lauds, tailed Broad Lees ; and
the defeadatit, among other proprietors, of a field, called
Fox Hole; these premises being divided by the river Yeo.
In the smalls of Jane, 1518, a cow, the peopeay of the
defendant died—the learned Sergeant believed of some con-
tagious distemper; and was, by the desire of the defendant,
thrown into the river' at a place called Bulimia e.quity, the
plaintiff's field being a little lower down she stream. In
the course of a fortnight or three weeks, the decomposition
of this eafenle produced elects so loathsome, that com-
plaints were made to the defendant; and M cousequenee of
those complaints, the cow was taken piece-meal out of the
river which was above the plaintiff s field, the cattle of the
plaintiff, which were pasturing thew, drank of the water
infected by the putrefaction of the cow, and in coaseq
of so drinking, were seized with the same istemper of
which the cow had died, by which distemper a considerable
number of them were dettro)ed. It was to recover the
value of the cattle so poisoned that the present action was
brought. The learned Sergeant would show that the plain-
tiff had lust no cattle but those which, feeding it, Broad
Lees, drauk of the infected water 1 and he would show that
the defendant himself bad lost some of his own cattle, which
feeding in Fox's Hole, also drunk of that water. If those
facts were proved, he should be entitled to a verdict.
John Fvoge was servant to Mr. Pamer, the defendant, in
June, 1818. Remembered a cow of his master's dying; the
beast was shinned by witness and others, and Snug into the
rover at Ballraire-quay; the cow was found dead in the
morniiii, rod thrown into the river about twelve o'clock at
memo : smelt very much; sail the side Dear the ground looked
black, as if it had mortified.
John Holland remembered the cow's being throws into
the river; the plaintirs cattle were all healthy at tbetime ;
the wateriiig place of the cattle was below the spot 'where
the cow was throwu in.
John Cox was servant to the plaintiff; remembered the
defendant's cow being iu the river; the water was monis,
and frothy round the carcase. About '1 or eight duSs after
the cow was thrown in, his master', cattle appeared to be
ill; they were restless, and water ran from their eyes; a
number of them died. None were ill but those ;Awn were
kept lathe Broad Leese the rest were quite healthy. Knew
th..t three of the defendant's oxen had died. which had been
sed in Fox Hole. Some of his master's cattle were kilted, tu
fame Mess front dying, While he was dressing one of the
cattle so killed, a ciao( his master's came to him and licked
his clothes and shoes, which were bloody ; the calf was
taken sick, and was near dying; it teemed to have the same'
complaint as the cattle that bad died.
Charles Holland was* butcher by trade : saw the plaintirs
stock before the cow was thrown into the river; rimy were
in health; examined and opened some of the beasts that
died the spleen was swollen to Eve or six times the towel
dimensions, and the iutestion were in a state of mortifica-
tion. None of the pLintitr, cattle were ill but those oil the
Broad Lees those me the other parts of the feria were *alter
sick nor sorry.—A number of witnesses proved that none of
plaintiff's cattle died but theme on the Broad Lees; end that
all the cattle that died, those of the defendant as will as
those of the pla exhibited the rat* symptoms during
their illness, which lasted ouly (ruin two to tea boom—
When opened, the spleen and intestines of all were Maud in
the IjUIC Stale.

31r. C. T Williams, on the part of the defendant, addres-
sed the jury at comiderable length. The question, the
learned counsel said. was, whether the cows of the defeat-
dant bad actually died of it contagious disease. The jury
had becu told that the water had been infected—infected to
a degree which reodeted it nut only loathsome but deadly.
If it had been so, would the latter have drank it ? Cows
were very nice in drinking. There was a pond in the welly
same field, from a hick they might have thank if they bad
disliked the water oftberiser. But be bad stronger, grounds
to go upon ; lie should prove beyond a doubt, that animal
matter, in the highest degree putrid, was not in the slightest
degree poisonous, when received into the stomach. He
should prove, that such was the power of the gastric juices,
that meat putrid, when swallowed, became purified after
remaining a short time in the stomach. He should show
that, even supposing poisonous mutter to have existed, it
must have been so diffused in the present case as to render it
impossible that the cattle-of the plaintif should have been
in the slightest degree affected by it.
Mr. Edward Percy was a surveyor. Had made an esti-
mate of the average width of the river, and of the velocity
of the current. The river was 30 feet wide, and the quan-
tity of water passing any given point at Bullmire Quay, w as
1,400 hogsheads a minute.
Mr. James Parlour aas a farmer: held laud on the banks
of the Yeo, lower down than that of the plaintiff; his cat tie
drank the water without miming.
Thomas Fern wasa farmer at West Caramel ; lost cattle
in July last by the same distemper of wWO the plaintirs
COWS died.

Mr. Ilugh Stanton, Surgeon, said that, in bis judgment. is
putrid carcass would not convey contagion. The moment
putrefaction began, contagion cleated. Putrefaction began
as -min as life was completely extinct. Animal substances,
in the last stage of putrefaction, would not be injurious to
life if taken into the stomach; they would create nausea,
but would do no serious harm. If the putrescence which
ended from the body of the cow had been concentrated in
pail of water, It would not have been poisonous; diffused us
it was, it must have been inlioxiuus.
Mr. Sully, surgeon, Hr. Chichester, Mr. White, and Mr.
Barrett, veterinary museum, concurred in the above opinion.
Mr. Sergeant Pelt replied. This was indeed, the learned
Sergeant said, an age of discuses les. Putrid matter was nut
prijedicial to health? How did it happen, then, that per-
sons were liable to • eseneinal indictment fur exposing putrid
'distances in to*os and cities? He meant no disrespect to
the iiirdical gentlemen who bad been called, bet speculation
was wit to be oppased.to tact. There were peop eso spe-
•ulative as to think Shut children of 8 years or age received
ao iujusy train working 16 hours a day is the cotton-ma
He remembered that in Fran.* ((or France had its specs,.
later►m weU as Taunton) a gtialeasaa Octal a large sun:

119

that be could ride a certain distance in a gives time. The
speculators weal to work, and discovered that, from the
resistacce of the air only, it was impomilik suc► a body
could pass through the space in suc► a time. The gawkest+,
however, was a bold matt, fur be rude his race sod won his
wager. Philosophy was making its way at all points. We
might now, like mad Tom. •. swallow the dead rat and
the ditch dug," and yet receive no injury. We should
soon, probably, exist without either air or water. Some in-
genious person bad contrived to doubt wMaber the plague
was infectious. A putrid body would, no doubt, be a very
facetious companion. ,The punishment of Mcarotins, a
living body chained to a dead one, would be bagatelle. Let
not him (the learned Sergeant) he shaiord to a living one
(laugh front the ladies in c. urt). lie re petted philosophy,
and admired improvement ; but was nap. eo convinced that si
putrid carcass not nut unw holenwne, and that be should not
toter bry coming in contact with it.
The jury, without troubling Mr. Justice Best to Si. up.
found is verdict far the defendant.

At steafford Assizes a cause was brought ow at the suit of
the A isotherm ies' company again/it the son of a man wholad
been originally a gardener, but. who bat long exercised the
business of anc-tesc• and pick-doctor t the too claiming w
right of Ardowing the pretessiim of an apothecary, through
hissing studieeerwider his renowned father. In the irromes-
ammation of the lather by Mr. Iniuncey, he was asked if he
hadbecna surgeon? The withess appealed to the Judge if
this was a proper answer, and whether be must reply to it;
and at last said, " I am a &Ilea" Mr. Oisuncey asked
him to spell this word, which he did at several times, via.—.
" Syuegrosi," Slurp-we Surgmot," " &liana." Ale. Dago-
cry said, '.I am afraid Sir you do not often, take so moth
time to study the cases which come before you as you do to
mouser my question."—" Ido ant. Sir." N itsierolaW, he
never employed himself as a gardener, but was a farmer tin
he learnt his present hosiers.. Mr. Deanery said, 's Who
did you learn it of ?"—" I learnt it of Dr. 1101 me.
brother-is-law; he practised the t•arne as the Whitariseth
I)octort, and they were regular physicians." Mr. Dirunecy,
Where did they take their de. revs ?" Witness, " I don't
believe they ewer took a degrre." Then were they regular
physician?"—" No ! I believe they were nut, they sumo
only demos's." " Only doelors I were they dieters
physic, or divinity 1"—" they doctored cows and east
things, and @amino as well." Judge to witness. " Did yr"
ever make up any medicine by the prescription of • physt-
• ciao?''—" I never did." " Do you understand the charac-
ters they use fur ounces, scruples, and drachms 1" I do
nog"--" Then you cannot make upoyour prescriptions from
reading theM 1"—" I cannot, but I can make up as good
medicine, in cry way, as. they Gm in theirs." '6 What pro.
portion does an ounce bear to a pound ?" [A paassi--
" There are sixteen ounces to the pound. but au do DM gm
by any regular weight, we mix ours by the lured." " Do
you bleed ?"—" Yes." " With a Seam or with a lancet r
" With a lancet." "Do you bleed from the vein or ftswas
the artery ?" " From the vein.* " There is an amity
somewhere about the temples; what is the name of thee,
artery." " I des not pretend to have so much 'enrols' as
some Misc." " Can y ou.leil me the name of that artery 1"
—•• Ido not know w kith., on memo." " Suppose then
wasto direct you to bleed.avy servant, or my horse (which
Got forbid I) in a vein, say.-for instance, in the jugular
where should y sru bleed him?"—" In the neck, to be sate."
The Jury almost lustaatly reamed a-mini:4lov the plaistillt
—Damages 201.

Enact/slow or Roams? Death—On Monday moralag,.
Heats.. who was convicted teethe warder- of Mary-Alms
Albert, was executed on the top of liorsemoriger-lane gaol.
An imaienw multitude wancoßeeted so witne.s the eseets-
non. The .unfornanate man bad been at prayer, with slight
iuterrnission. from the period of his apprrhenstoo. It one
aeedleas to recommend devotion to him, lie was on Wed-
aeiday visited by Lord Roc Lsavage mid Mr. Sinclair. both of
whom prayed with bias. Ile expensed- much grainede at
their kindness. "'Obey came." said he, " with Christian
feeling to visit the poor wretch in hisdnageen." Mr. Mama,
the Chaplain bad mesek einnersatios with him. bran
' regretted that as he was-going to a place where three was so.
gnashing of tee. h, he had it nut in his power to• take with
him his beloved Sarah, who. was now exposed to a wicked
world. The Chaplain curlew/oared to iudace him to speak
of lite little girl whose life be bad taken away, and told 15,.,
she would meet him in a better world. "Nv diarist: said he,
" Christ, who is now saving my soul, is waiting for me
but I am sorry fur poor Sarah, abe is in a dinsgerous world."
Mn Moil rejoiced to see him so .full of peniteaee, and told
him with what happiness his friends-wouldbear that ao wish
of neap, from punishment had passed kis lips, aura murmur
of complaiut. Why should 1 complain," said lie," know.
ing as 1 do that the change I am going forsake is fur the
better ? Where is Voltaire now ?—is bell : w Isere is Torn
Pantie ? in hell : God have mercy upon them as be bar upon
me." Ilia general appearance was that of a maniac, but
on all subjects he spoke rationally, although often hicube-
renly. After the sacrament had been administered to hint.
be appeared impatient taleave the worldonad asked whether
every thing was not in readiness for his journey t• on being
told by Mr. Mann that some time was io be allowed fee
preparation. " Preparation !" said he, " who can say I
want preparation ? —never was a man more ready to die."
Ildr. Mans havingobscrved that the preparation ot tare b„dy.
not the soul, was what- he meant, Dean sailed—" Oh!"
said be, " I shall them soon he going." He refused to nand
hale any part of the ceremony in the Chapel was per-
forming. and he frequently rayed aloud, with the greatest
fervour. When the officers were striking oil his irate, he
looked wildly about, and at last fixing his eyes on the • gab
lows, he bent towards it. And then giant at the sky. The
name of God was In his mouth w hen he reached the phi form.
lie then said " God bless you all !" and prayed in in /crud a
tone as to 1w heard by the crowd around the prison. At
nine o'clock the drop fen, and he died after a severe
struggle.

An influenza prevails at present. which. is very
distressing to' many individuals. It is confined
chiefly to oaths, who are attacked in general with
hard cough and restlemness, and throe c.f. wok's
habits suffer much. The complaint is NI fetal,
though the Busch in the first instance teens the
forcruttny of severe fcvcr.

4aomcrtpt.

LONDON, NIONI) %V, APlttl.. 12.
Tlir•ee tiChick, P. M.

Y3terday evening we twelve the Paris Papers
Thorstlay ; the following is en extract :
PARIS, APRIL 8,

" A Journal 'Inflow:col yesteulay an attempt to
risen the Fluperer of Austria, in his passage
threugh Mantua, 11 one of be sect of (Whonari
and it is a.14.:,1, that the consummation f the crime
i. as only prevented by a disclosure made half an
lame its execution. The profound silence of
t:.e Italian pumas is not a buir:e iv n t proof of the
filseitess of this statement, tut our piiiate corms..
Fil.denee from Italy is likewise silent, We should
however, be surprised to see the account con.
f..r.c.:1 1t belongs to the, eburactet of the pretended
t;;eneratoreof Europe to attempt in iMgiorn the
c:.rrying off via sovereign to sign their declarations,
and stab in Germany writers who dare unmask
their-designs. We it ope, however, that humanity
• v not have cause to deplore this additienal crime.'
Jualwal des Dcsbai.t.

Letters have been received from Hanover, dated
the Ist inst., stating the Duchess of Clarence was
bAt r, and in a fair wuy of doing well. Her Royal
Highness has been ;acted with spasms,
It Anus the intention of the l'rince Regent to 14%4
spent the Easter holvillys at Brighton ; but' he is
prevented going from Carlton-house by an attack of
tlie gout,
Saturday afternoon, the racers and men belong.
- to the Royal Sovereign yacht went on board her
at Deptford, and a supply of provisions was put on
board. She was expected to drop down the river
yesterday. to proceed to Calais, to be in readiness to
bring the Duke and Duchess of Kent to England,
with their Suite, who are expected in a week or
.ten days.

A man, named Richard Crunden, of Brighton,
-on Monday se'nnight having laid a wager with his
woe, that he would drink a bottle of li‘diseds in
'five minutes, poured the spirits into a quart mug,
and drank it nein one third of the time; after
which he swallowed a considerable quantity more,
which threw him into a state of stupefaction, in
which he continued until Tuesday morning, when
he died. This depraved creature had lately come
Into possession of considerat.lP property by the
auth of a near relation, since which peri d he has
bean in 4 state of continual intoxication. A Coro-
ner's inquest was held on the body on Thursday --
Verdict--" Died by excessive Drinking

GLOUck.SIEN ASSIZES,