The Sun.
London, England, 1856-05-28 00:00:00

LONDON, WEDNESDAY EVENING, MA.Y 28, 1856.

From the London Gazette of Last Night.

WAR DEPARTMENT, MAT 26.

The Queen has been graciously pleased to give orders
for the appointment of Lieutenant• General Mark Cubbon,
C. 8., of the East India Company's service, Commissioner
for the Government of Mysore, to be an Ordinary Member
of the Civil Division of the Second Class, or Knights
Commanders of the Most Honourable Order of the Bath ;
and of Colonel Edward Charles Warde, of the Royal Ar-
tillery, to be an Ordinary Member of the Military Division
of the Third Class, or Companions of the said Most
Honourable Order. •
FOREIGN-OFFICE, MAY 24.

The Queen has been pleased to approve of-Mr. George
Krehmer as Consul-General in England for his Majesty the
Emperor of All the Russias.
BOARD OF TRADE, WHITEHALL, Max 24.

The Right Honourable the Lords of the Committee of
Privy Council for Trade and Plantations have .received,
through the Secretary of State for Foreign Affairs,
a copy of a despatch from her Majesty's Ambassador at
Paris, enclosing a copy of a French Imperial Decree, re-
ducing the import duties upon cocoa oils and sesame seed
imported directly from the French settlements in India,
land of which the origin shall be proved by a certificate of
the local authorities, to the amount fixed by the decree of
the 24th Dec., 1854, with regard to the same articles of the
growth or production of French India.
WHITEHALL, MAY 22.
The Lord Chancellor has appoiuted Thomas King the
younger, of Brighton, in the county of Sussex, Gent., to
' be a Commissioner to administer oaths in the High Court
of Chantery in England.
WAR DEPARTMENT, MAY 27.
13tIrLight Dragoons—Charles Keyworth, Gent., to be
Cornet, by purchase, vice Wood, promoted.
7th Foot—Major Reginald Yonge Shipley to be Lieut.-
Colonel, without purchase, vice Pack, who retires upon
half-pay; Captain R. Wm. Aldworth to be Major,without
purchase, vice Shipley ; Lieutenant Lewis John Fillis
Jones to be Captain, without purchase, vice. Aldworth ;
Ensign William Cook to be Adjutant, vice Walker, who
resigns' the Adjutancy only.
Bth Foot—Lieutenant, Breon Charles Bordes, from half-
pay 13th Foot, to be Lieutenant, vice Neame, who ex-
changes; Ensign Robert Lewis G. M`Grigor, from the
71st Foot, to be Lieutenant, by purchase, vice Bordes,
who retires.
11th Foot—Lieut. Philip Doyne Vigors to be Adjutant,
vice Boyd, who resigns the Adjutancy only.
15th Foot—Lieut. Charles J. Watson Allen to be Cap-
tain, by purchase, vice De Montenach, who retires ; Ensign
William Starke to be Lieutenant, by purchase, vice Allen;
Ilagens James Caulfield Browne, Gent., to be Ensign, by
purchase, vice Starke.
24th Foot—The surname of Lieutenant Austen is God-
win-Austen.
131 Foot—Quartermaster Joseph Denton to be Pay-
toaster, vice M'Crea, who retires upon half-pay, as Lieu-
tenant:9lth Foot. Quartermaster-Sergeant James Den-
,,on to be Quartermaster, vice Joseph Denton.
60th Foot—Lieutenant Newton Jones Pauli, from the
gorth Gloucester Militia, to be Ensign, without purchase.
67th Foot—Lieutenant Emanuel Benjamin Bass, from
he West Cork Artillery Militia, to be Ensign, without
purchase, vice Hugh Robson Evans.
74th Foot—Serjeant-Major George Watson, to be Quar-
termaster, vice Daines, who retires upon half pay. •
81th Foot—Ensign Richard Maybury, from the 31st
Foot, to be Lieutenant, by purchase, vice Gibant, whose
promotion by purchase, on Sept. 7, 1855, has been can-
celled.
88th Foot—Major Ed ward John Vesey Browne to be
Lient.-Colonel, without purchase, vice Brevet-Colonel
Shirley, who retires upon half-pay ; Captain the Honour-
ale J. J. Bourke to be Major, without purchase, vice
; Lieut. Wm. Little to be Captain, without pur-
chase, vice Bourke.
LAND TRANSPORT CORPS.—Cornet Joseph has been
permitted to resign his Commission.
CAVALRY DEPOT.—Quartermaster T. Smith has been
permitted to retire upon half-pay.
COMMISSARIAT DEPARTMR NT.—Assistant Commissary-
General Henry Green has been removed from the Service,
be having refused to obey an order to proceed on duty.
HOSPITAL STAFF.—Acting Assistant-Surgeon Thomas
Chaytor Beale, having been appointed to the Osmanli Irre-
eular Cavalry on 15th February, 1853, his services in the
army Medical Department have been dispensed with
from that date.

Diddington-placo, Caledonian road, Islington, draper,
June 17— J. C. Gregory, Bristol, porter and. ale dealer,
June 17— G. Byford, Liverpool, slate dealer, June 17—T.
Bann, Liverpool, of thier; June 23 J. S. Taylor and. J.
Marsden, Derby, ironfounders, June 17—J. Ilipkiss, Tip-
ton, Staffordshire, ironmaster, June 23—J. Godfrey, Creech
Saint Michael, Somersetshire,i coaabmaker, June 19.

IMSOLVENT PETITIONERS.
M. P. Smythson, Liverpool; coriedian —M. Walker, Li-
verpool, ale and porter bottlei-.4. M'Comb, Liverpool,
out of business-H. Bolton, Livertmol, organ builder—J.
F. Trevellick, Liverpool, mariner,-J. Hogg, Liverpool,
journeyman glass-cutter—E. °wog, Liverpool, pilot -J.
Jones, Blaenavon, collier—D, &nth, Newport, baker—J.
Ing, Dinton, Buoldnghamshire, tittle dealer—S. Phipps,
Sudbury, beer-shopkeeper—W. au Williams, Stonehouse,
out of business—T. J. Jones, plyhead, surgeon—W.
Forster, Scotby, Cumberland, cattle dealer—T. Jordan,
Carlisle; innkeeper—J. Oglethorpo.Varlisle, coach builder
—E. Ellis, Dudley, shoemaker—T. Sheldon, Netherton
Dudley, butty collier—F. North, Wantage, baker--J.
May, Abberton, miller—J. Powis, Wolverhampton' mil-
liner—J. Clark, Cannodc, sub-contractor—B. Mason,Wol-
verhampton, out of businesq—J. Ramsley, Wolverhamp-
ton, out of business—J. Harrison, Oldham, clogger—R S.
Bryan, East Worlington, clerk.
.

PARTNERSHIPS DISSOLVED.
IL N. Payne and T. F. Pretty, Wolverhampton, stock-
brokers—J. Lewis, J: J. Lewis, and W. Lewis, East
Compton, Somersetshire, farmers—J. H. Frobisher and
W. H. Whitaker, Halifax, music-sellers—H. Miles and S.
Godin, Baines-row, Clerkenwe:l—W. Smith and W. B.
Hayes, Manchester, cotton manufacturers—G. Brace and
G. N. Colt. 24, Strand, attorneys-at-law—T. C. Bristow
and J. F. Pennington, of New Basinghall-street, funeral
thermeu—J. Briggs, J. Laesey, Alex. Spencer, Alfred
pencer, T. Metcalf, J. Greenwood, and J. Lassey (as far
to regards J. Briggs and Jno. Laney), Clayton, Yorkshire,
coal owners Jane Granger and Nary Ann Hull, 21,
Blackman-street, stationers-IrL 4, Hill and H. W.
Reeves, 23, Thregmorton-street, attorneys—A. 11. Parsons
and J. Blomfield, Heybridge, Jobn4a-auci J.
Majors, shipwrights—J. James and 'l'. James, Manchester,
commission agents —W. Smith and J. Smith, Bristol,
bakerS—C. M`Callum and J. Hamer, Salford, engravers—
W. D. Overton and J. Foster, Cheltenham, linen drapers
—W. Jull and J. Jull, Staplehurst, drapers—J. Grainger
and J. Gaunt, Padsey, Yorkshire, ale brewers—J. Colley
and C. Marlow, Coventry, ribbon manufacturers.
SCOTCH SEQUESTRATIONS.

Milne and Co., tailors, Glasgow.
William Patrick Mackenzie, innkeeper, A.viemore, El-
ginshire.

Sporting Intelligence.

EPSOM, TUESDAY,—THE OPENING DAY.
The prelude to the Great Event which is to take place
this day, was played with, perhaps, unusual success. Al-
though the attendance of general company did not exceed
an opening clay's average, yet the sport was of the most
interesting and attractive character. For the principal
events the fields were numerically important, and in cer-
tain instances speculation was briskly pursued.
The weather was warm and genial, and in fact through-
out the day there was neither let nor hindrance to the full
enjoyment of the sport.
Still, by mere pleasure-folk, the opening day at Epsom
is invariably disregarded ' • aud, perhaps, a large majority
of the people who visit the Downs on the Derby-day,
scarcely recollect, until they see the result of the races in
print, that there was anything to excite the curiosity, or
attract the!attention of sporting men on the Tuesday. To
speculators, the first day presents attractions independent
of its racing, for certain movements of deep significance
with reference to the Derby are generally made. On the
present occasion, although the betting was brisk and im-
portant with regard to certain horses only, yet the opera-
tions were particularly interesting. We have appended a
list of the latest quotations on the Downs to our account
of the proceedings, but, in order that it may be the better
understood, a few explanations are necessary.
Prior to the race for the Craven stakes, Wentworth was
backed freely at 3to 1. On the success of his stable com-
panion Kalipyge, however, 5 to 2 was taken to a large
amount, and afterwards 2 to 1 was be eked to nearly 3,009,7.
about him. At last, however, the current offer on the
field was 9to 4. Cannokie and Fazoletto were both well
supported at 5 to 1 each ; the forme..., perhaps, being the
bettor favourite of the two.

A violent opposition set in against Vandermulin, who
was reported " shin sore," and about whom, in fact, the
most unfavourable rumours ware circulated. Alter 15 to
1 had been laid to 3901., and to several minor sums, ho
receded to 20 to 1 offered. Apropos of Vandermulin, wo
may state that his owner claimed the services of Bartholo-
mew, who was also under an 'engagement to' Ur. Bowes.
After hearing evidence on both sides, it was decided that
Bartholomew's engagement to Mr. Bowes was filly proved.
Fly-by-Night was in considerable demand. At first 15 to
1 was booked about him to several hundred pcuads. The
last bet which came under our notice was 12 to 1 to 3001.
1,000 to 60 was taken twelve times about Ell:figton.
The running of the Coroner, who has always boon re-
ported many pounds inferior to Yellow Jack, seemingly
convinced those who had discredited the rumour that the
owner of the two horses was after all best acquainted with
their relative merits-40 to 1 was offered against the
Coroner, whilst his stable companion, Yellow Jack, was
advanced to 100 to 6 taken.

3to 1 was taken to 4001. about Soot's "lot." The other
quotatientido net require-ectie#4lol,4. '
Subjoined is a detailed account of the sport',
The Craven Stakes of 5 sovs each, with 50 adcird ; 3-yr-
olds, 7st lib ; four, Bst 71b • five, Bst 131 b , six and
aged, 9st; mares allowed 511), and geldings 31b. Last
mile and a quarter of the new Derby Course. 17 subs.
Sir J. Hawley's Kalipyge, 3 yrs, Est 101 b (Salter) 1
Mr. Howard's Coroner, 3 yrs, 7st llb (Fordham) 2
Mr. T. Parr's Saueebox, 4 yrs, Set 71b. ...('~Yells) 3
The following also ran :—Sau Francisco, rorto Rico,
Comedy, Defiance, Lymington, Mirage, Baroncino, Fal-
staff, Bobby B, and Melissa.
Betting-5 to 4 aget Kalipyge, 5 tol each agst Saucebox
and The Coroner, 10:) to 8 each agst Porto Rico, Melissa,
and Falstaff. The race was virtually a match between
Coroner and Kalipyge. Kalipyge made all the running.
Coming round the Turn, Coroner took second place, but
failed in his effort to catch Kalipyge, who won very cle-
verly by two lengths ; twenty lengths between the second
and third.

The Woodcote Stakes of 10 sovs each, with 100 added, for
two-yr-olds ; oohs, Bst 71b ; fillies, Set 41b ; the second
to receive 25 sows out of the stakes. New T.Y.C. 41
subs.
Mr. .1. Barnard's Commotion, Set 71b (D. Hughes) 1
Mr. E. Parr's Lambourn, Bst 71b (Flatnaan) 2
Mr. T. Parr's Apathy, Bst 71b (Wells) 3
The following also ran : —John Peel, The Abbot, c by
Epirus—Elcot's dam, Hobgoblin, Tinwalil, c by Hernandez
—Physalis, Salonica, Electra, Fright, Cedric, Brother to
Mr. Sykes, and Martinet.

Betting-6 to 4on Lambourn, 6to 1 agst Commotion,
S to 1 each agst Electa and Apathy, I`.?, to 1 each agst John
Peel and Pbysalis colt. Won cleverly by a neck; three
lengths between the second and third ; John Peel, Mar-
tinet, and Brother to _Nix. Sykes were the next three.
The Horton Ste kes of 5 soya each, with 30 added, for two-
yr-olds and upwards. Optional selling weights. New
T.Y.C. 9 subs.
Mr. Evans's Eardrop, 3 yrs (40/.), Get 81b (Prior) 1
jr. Boyars Consternation, 3 yrs (401.). Gst Sib
(4lusgrove) 2
Mr. J. Evans's Sextus, 6 yrs (501.), Bst, slb ...(Ennis) 3
The following also ran :—Alcyone, Usurer, Caledonian,
Van Brackel, and Billinghani.
Batting-6 to 4on Eardrop, sto 1 agst Bracken. The
favourite made all the running, and won in a canter by five
lengths ; a length between the second and third. The win-
ner was bought in for 1001.
The Epsom summer Handicap of 10 sous each, 13. ft, with
100 added; the winner of any race (matches excepted)
'1
after the weights are published 51b extra. The second

to save his stake. One inileandaqu;;iel. 29 subs.
Mr. Adkins's Flatterer, 4 yrs, 7st 31b ............... (Prior) 1
Sir C. Monck's Viudex, 6 yrs, Bst 121 b ...(Bartholomew) 2
Lord Anglesey's Blue Bell, 3 yrs, sst 41b (Hibberd) 3
The following also ran :—Gamekeeper, Roebuck, Alice,
Joshua, and Kestrel.
Betting--7 to 4 agst Alice colt, 4to 1 agst Gamekeeper,
5 to 1 agst Blue Bell, 6 to 1 agst Vituex, 8 to 1 agst
Joshua, 100 to 12 aget Flatterer. Won by a neck, the
second beating the third by four lengths ; Joshua was
fourth.
The Heathcoto Plate of 50 sovs ; two-yr-olds, sst 121 b ;
three, 7st 101 b ; four and upwards, Sat 71b ; mares al-
lowed 51b, and geldings 31b.
Mr. Y. King's Flacrow, 4 yrs, Bst 71b (Charlton) 1
Capt. Christie's Ceres, 3 yrs, 7st 51b (T. Cliff) 2
Mr. Mannington's Maid of Athens, 2 yrs, sst 71b
(Fordham) 3
St. Giles and The Pony also ran.
Betting-5 to lon Flacrow, 7to 1 eget Ceres, 10 to 1
agst Maid of Athens. Won by three lengths. Half a
length between the second and third. Two lengths between
the third and fourth. Pony was beaten a long way
The Manor Plate (handicap) of 50 sovs, for all ages. The
winner of any race (matches exeepted) after the weights
were published, 51b extra. One mile.
Mr. Sargent's Rip Van Winkle, 3 yrs, Est 121 b
(Fordham) 1
Col. James's Tom Burke, 4 yrs, Bst 121 b (Kendall) 2
Mr. B. Land's Englemere, 4 yrs, 7st 111 b (J. Land) 3
Betting-6 to 4on Rip Van Winkle, 2to 1 agst Tom
Burke. The favourite made the running, and after a fine
race from the distance with Tom Burke, ho won by half a
length. A length between the second and third.

LLATEST BETTING ON THE DOWNS.
THE DERBY.
9to 4 agst Wentworth (taken and offered)
sto 1 agst Cannobie (taken)
sto 1 agst Fazzoletto (taken)
Bto 1 agst Artillery (taken)
12 to 1 agst Fty-by-Night ktaken)
100 to 6 agst Yellow Jack (taken) ,
100 to 6 agst Ellington (taken)
25 to 1 agst Bird-in-Hand (taken).
30 to 1 agst Mr. Verdant Green (taken)
30 to 1 agst Puck (taken)
30 to 1 agst Bay Hilton (taken)
33 to 1 agst The Prince (taken)
30 to 1 agst Rogerthorpe (offered)
40 to 1 agst Cotswold (taken)
40 to 1 agst Coroner (offered)
3to 1 agst Scott's lot (taken)
THE OAKS.
2to 1 agst Mincepie (taken)
THE DERBY, 1857.
10,000 to 300 agst Blink Bonny (taken)
4,000 to 100 agst Bel Oiseau (taken)

VISIT OF PRINCE ALBERT AND THE PRINCE
OF PRUSSIA.
Yesterday Mr. Dorling was honoured with an intimation
that it was the intention of his Royal
Highness
Prince
Albert and Prince Frederic William of PrusEia, with their
suite, to be present at the races this day (Wednesday).
The Prince of Prussia was at Epsom about three years ago,
but the Prince Consort has not witnessed the race for The
Derby since " Little Wonder's year," when he presented a
whip t9Dlaedonaid, the rider of the winner.

CENTRAL CRIMINAL COURT.

THE RUGELEY POISONINGS.
[The following appeared in part of our impression of
yesterday.]
The Court opened this morning at 10 o'clock. The
same intense interest was manifest both within and
without the court as'on yesterday as to the result of the
trial. By 9 o'clock that portion of the court appro-
priated co the publio was densely crowded, and there
were several gentlemen and noblemen on the bench at
that early hour. .
The jury entered the court shortly before 10 o'clock,
and on their Lordships' arrival the prisoner was placed
in the dock. His appearance is mach the same as it
was at the commencement of the trial. There is, how-
ever, a slight shade of sadness in his expression, but no
traces of that anxiety and deep mental suffering to be
expected in a man charged with suck a dreadful crime
and with his life in such imminent danger. During the
continuance of the summing up today, notwith-
standing the strong remarks of Lord Campbell
with reference to the damaging points of evidence
against the prisoner, he presented that coolness and
indifference he has all along exhibited in a most re-
markable and extraordinary manner. Ho repeatedly
took notes of the summing up, with the deliberate and
systematic manner of a person ordinarily interested in
the case, and when any particular point struck him he
communicated it in writing to his counsel. It was done
in a quiet easy manner, devoid of all kinr} of display, and
not with the intention of attracting the notice of the
public.

The jury having been called over and answered to their
names, -

Lord Campbell, who was again very inaudible, said—
Gentlemen of the Jury, —At the adjournment of the
Court lad. Weaning-4i finished', the 3 task Of litYing before
you all the evidence on the part of the prosecution, and
certainly it does present a serious case against. the pri-
soner, if unanswered; It appears that in the middle of
November the prisoner was involved in pecuniary diffi,
culties of the most formidable nature. He had engage-
ments to perform which he was unable to Meet without
the most extraordinary exertions. He had to make pay-
ments for which he was unprepared, and an action had
been brought against him and his mother on a forged
bill of exchange. He had no credit, and he had no pro-
perty on which money could be raised. It so happened
that on the 13th of November the deceased became pos-
sessed of 1,0001. by the winning of his horse Polestar,
and there is evidence from which the inference may be
drawn that the prisoner framed the design of appro-
priating his money to his own use. He took means to
accomplish that object, for you will find that he appro-
priated his money to the payment of debts of which he
alone was liable. There is also evidence fr )ni which it
may be inferred that he drew a check in the name of
Cook upon Weatherby which was a forgery, in order
to obtain part of the money belonging to Cook. This was
in Weatherby's hands, and you have the further evi-
dence that he employed Fisher to collect Cook's money
and apply it to his own use. It also appears that from
Cook's death he would become possessed of the horse
Polestar, and you have the evidence of his having fab-
ricated a document which was to be produced, to the
effect that certain bills of exchange on which they were
jointly liable were negotiated for Cook's advantage
only and from which the prisoner derived no benefit,
and brought forward after Cook's death. If, however,
Cook had survived that fraud must have been exposed,
and the prisoner punished. It is said that, with respect
to the joint liability of Cook and Palmer, that by Cook's
death it must all be thrown on him. That was rather
a distant object, for it Palmer got possession of all Cook's
property by this 'means he would not be a sufferer by
his death. As to the important question, whether Cook
might be supposed to have died from natural disease, or
from poison, you have heard the evidence of Sir Ben-
jamin Brodie and other most honourable and able men
in the profession, who said that, in their opinion, he did
not die of natural disease—that they knew of no natural
disease that would account for those symptoms under
which Cook laboured previous to his death ; but, on the
contrary, that they believed that the symptoms de-
scribed were such as might be expected from the use of
strychnine—that, comparing these symptoms with
uaturel tetanus, they did not correspond, but they did
with thOse brought on by strychnine. Teen with
respect to the statement that no strychnine
was found in the body is one entirely for your
consideration ; but there is no point of law by
which poison must be found in the body of a deceased
person who has died from the administration of poison ;
and respecting poison not being found in Cook's body by
Professor Taylor and Dr. Rees, who analysed the con-
tents of that part of it which was forwarded to them,
you have witnesses of great reputation, and Dr. Christi-
son among the number, who stated that under certain
circumstances strychnine cannot be found in the human
body ; and you have the evidence of Professor Taylor
and Dr. Rees, who experimented on animals destroyed by
strychnine, that they were unable to find it in the bodies
r-of thysenuimaia by resort,i4g t 0.0,04.18 Erlethkti .1 de,
tection that .they.enlpreyed":in oraluiltdif the,bncYy4l
Cook, and in which no strychnine was found. With re-
gard to the length of time between the allegedldnilnis-
tration of the strychnine and the time the symptoms
.appeared, the evidence scents to lead to this conclusion,
that much depends on the state of the person to whom
it is administered, and the manner in which it is adminis-
teredebut that in many instances a greater space of time
occurred between the ingestion of the poison and death
in human beings than in animals.
Mr. Sergeant Shea —That's not in evidence, my lord.
Lord Campbell—lt was agreed on both side; in the
course of the trial that reference might be made by the
witnesses to known cases of medical writers bearing on
the case, and in the works referred to that principle
was acknowledged, and I therefore am justified in using
it,

Mr. Sergeant Shee shook his head.
Lord Campbell—Thera being no blood found in the
heart on the poet mortem examination appears to be re-
lied on by the prosecution, and the result is this, that
if death be produced by the obstruction of the respira-
tory organs producing astdayxia blood is found in the
heart, but if by spasms or the heart it contracts, the
blood is expelled and none is found in it. Aud the evi-
dence shows that in two instances it has proved to be the
case in the human subject. Under these circumstances
you have to look at the evidence of the prosecution which
goes to show that the prisoner first tampered with
his victim by administering to him something in his
brandy and water, and in broth, the latter
of which was partaken of by the female Mills, and, ac-
cording to her evidence and that of Lavinia Barnes, it
produced the same symptoms on her as it did on Cook.
You have evidence of antimony being found in the de-
ceased's body, which shows that tartar emetic, which
produces vomiting, had been administered to him, but
from what source and for what purpose you are to say.
Tnen you have the evidence that the prisoner procured
sirychnia on the Monday and Tuesday nights, but for
what purpose had not been shown; neither had the pri-
soner attempted to impeach the evidence of the
witnesses in respect of it. What was the inten-
tion ? what was the application of it ? No ex-
planation had been given of it, and it was impos-
sible not to pay attention to the conduct of the prisoner
at the bar, in reference to Cook's death, without con-
sidering whether it was such as was consistent with the
conduct of a guilty or an innocent man. He was most
eager that the body should be fastened down in the
coffin, and with regard to the deceased's betting-book
you have evidence from which you may infer that the
betting-book was abstracted by the prisoner. Then, again,
in trying to bribe the postboy to overturn the fly in which
was the jar containing the parts of the body for analy-
sation, and we might conceive the evidence of his guilt
when we find him tampering with the Postmaster of

Rugeley, and getting him t; open a letter from Dr.
Taylor, after he had examined the contents of the jar, to
Mr. Gardiner, the attorney for the prosecution. We
also find the prisoner tampering with the coroner to in-
duce him to procure a verdict from the coroner's jury
that would amount to an acquittal. These are serious
matters for your consideration, and you, and you alone,
must say what inference is to be drawn from
them. If they are not answered satisfactorily
by the prisoner they present a serious case against him ;
but if you are satisfied that they are, you will, of course,
find that the prosecution has failed to make out its case.
The answer which the prisoner has given to the charge
1 consists of two parts ; the first consisting of medical
evidence, and the second as to the fact. With regard
to the former, a number of gentlemen of the highest
honour, unsullied integrity, and of profound scientific
knowledge, have come forward with a sincere desire to
speak the truth, and to bring the investigation to a
proper issue ; but it is for you to say whether, from
their manner in the witness-box, either of thern had
changed the character of a witness into that of an advo-
cate—for, if so, such conduct was reprehensible in the
extreme. The learned judge then proceeded, and read the
evidence of the defence, commencing with Dr. Nunnely's.
It will be recollected that Mr. Nunnely was the person
who discovered the strychnia in the Leeds case, and also
in the body of a person named Waterhouse. He de-
tailed at great length the tests be applied to discover the
strychnia in both cases. In his evidence he further
stated that in the case he had seen there was not more
than the ordinary amount of rigidity ; and another im-
portant part of the statement of Mr. Nunnely was that
on the post mortem examinations he had invariably
und the heart full after death. This circumstance dif-
fers from the state of the heart of Cook, as it was found
empty. At the conclusion of the evidence his lordship
said—l am sure you will give your most serious attention
to the facts mentioned by this witness, as they differ
materially from the medical evidence for the prosecution.
He states there was no more than the ordinary amount
of rigidity after death, and he also attaches great impor-
tance to the heart of Mr. Cook being found empty. I
now come to the evidence given by Mr. Herapath. His
lordship, having read it at length, said—Mr. Herapath
is a skilful chemist, and he differs with Mr.
Nunnely as to the rigidity of the body after
death. In the cases he had seen the bodies of the
animals were found perfectly rigid, and he also was of
opinion that had strychnine been administered it ought
to have been discovered. But he had given an opinion
even in this case to the effect that there might have
been strychnine present, and Dr. Taylor and Dr. Rees
imight not have taken the proper means to discover it.
But they had it in evidence in the two cases where Dr.