The Sun.
London, England, 1858-11-13 00:00:00

THL SUN, LONDON, SATURDAY EV 'ENING, NOVEMBER 13, 1858.

in fact, but which had been repeated within the
walls of Parliament, happily in his presence. lie
then made an observation which was very effective,
verifying the truth of a remark made either by
Porson or some great wit, that every animal has
some peculiar cry—some braying loud and in an
offensive manner, others hiss in an equally offensive
manner, and others, more powerful, and therefore
less contemptible, roar and bellow. (Laughter.)
Each has its particular cry, and therefore, said my
hon. friend, it no more offends me to be assailed by
a clamour indoors which is echoed by an outer-
door clamour, than it does when I go into the fields
and hear the bray, the hiss, or the roar of those in-
ferior animals. (Renewed laughter.) That was
the substance of my friend's happy and felicitous
answer to all those attacks, and which his eloquent
son, the Bishop of Oxford, might have repeated at
Bradford, had he been aware of the fact. I share a

little with my right rev. friend, for in an address at
Liverpool on the subject of popular literature I said
the newspapers no longer wanted to drain into them
the slander of the slander-mongers by carrying over
the filth which used to be spread over the rest of
the press into one channel, as the good taste of lite-
rary men and of the public now made that drain
no longer necessary ; but I was grieved to find that
there were certain periodical publications which
were still undrained, which still required to be
drained, and among these there were those called
religious, but most falsely called religious journals.
Nevertheless, that was the case, and a remark was
made by a friend that if he was to have slander
served up to him he would much rather
have it common slander than smothered in religi-
ous thoughts. (Laughter.) Not the slightest allu-
sion was made by me to any one part of the press
—not the slightest reference to any individual or
to any journal. It was a mere general remark, but
it turned out that the cap thus thrown out was sup-
posed by some person to fit him, and he picked it
up and began attacking those whom, he supposed,
had been attacking him. The attack was that I
had always been in my dotage, and that I was
always a great enemy of the Evangelical portion
of the Church and clergy. That was well known,
it was said ; and also that I was an enemy particu-
larly of the sect of Independents. Upon the ques-
tions relating to the abolition of the slave trade,
upon the questions relating to West Indian slavery,
and upon the questions of edneation and the diffu-
sion of knowledge I had been the coadjutor of the
Evangelical, party ; and as to that sect called the
Independents, most people have heard of Mr. Smith,
the missionary's case in the House of Commons,
and in 1824 I brought forward a motion which put
an end to the West Indian slave trade. (Applause,)
My defence of Mr. Smith, the missionary, was the
defence of an Independent clergyman, and I pre-
faced that defence by an elaborate panegyric--it
might have been very dull, but it was a very elabo-
rate panegyric of the Independents—a sect to whom
I said, the liberties of his country owed a debt of
gratitude that never could be repaid, in the 17th
century and ever since and that from that time
downwards, whatever difference in opinion I might
have on ecclesiastical or doctrinal points, they had
been more than any other sect the friends of uni-
versal toleration. (Applause.) It is the Indepen-
dents who made this attack on my right rev.
friend and myself, and this shows my hostility
to the sect of the Independents ! I mention
this as a sample of the degree of truth which
is to be found in some quarters, though I only
saw it secondhand,—l did not see the paper itself.
It was said I had introduced Robert Owen to
the social congress at Liverpool, and I was well
known as a friend of his opinions. I introduced
him as the planter and founder of infant schools.
Lord Melbourne introduced him to the Queen, and
he was very much blamed by those who did not
know on what ground he was introduced. In in-
troducing him I expressly said, " As to his other
opinions they are his own, and not mine." (Cheers.)
My right rev. friend (the Bishop of Oxford) may
be quite satisfied, not with the course of proceeding
at Bradford, but with the course adopted by the
Dissenters of every denomination, which did them
the greatest possible honour. I may add, from
having seen their correspondence and their publi-
cations—for they viewed that attack not only with
abhorrence, but with disgust--I may add, that the
persons who were set on were not Yorkshiremen
—that was ascertained ; and it was also ascertained
that persons had been hired who were not English-
men at all. (Cheers.)
A vote of thanks to the chairman concluded the
meeting.

TRIAL FOR MURDER 1 2V- SCOTLAND.

--TAGH, Nov. 11.
Eagain
Bt
?1. •
lay, at 10 o'clock,
TplriocellecidghwiCthoutrht
to Jiam Reid, and ad-
ditional evidence was called fe
,r the prosecution.
Mary Nimmo deposed,-4 reside in Linlithgow.
I was intimately acqUitin4:,ed with the late Dr.
the trial of Wl'
Thomas Girdwood. He as in the habit of some-
times writing to me, aiLd o:f visiting my father and
myself. I expected avi sit from him on Saturday,
the 4th of September, Nit he did not come. I re-
ceived a letter from him of i the Monday morning,
explaining that, having be m called away to a dis-
tance, he could riot come. I went to Larbert on the
Monday, with another yo' ang lady. Dr. Thomas
Girdwood joined us, and I : remainea in his company
some time. Interrogated-- -Did he say anything to
you then about Reid? (0 ,uestion objected to, but
allowed.) I asked Dr. kirirdwood if he did not
take any drink. He sit id, no ; but that William
Reid was anxious for hii 1 to take it. He said he
had seen him the day 134 More, but he did not say
where. _ _ _

Cross-examined—Girder 'ood seemed in remark-
ably good spirits on the Monday. It did not seem
as if there was anything: on his mind. Shown a
letter written by Girdwoc sd, which was handed to
her in the Fiscal's office in Linlithgow, after his
death. The letter, which was dated 6th of Sep-
tember, was then read, wit.ness having left the box.
It was to this effect :—" My dear Mary—my only
dear, dear Mary.—Forgive vie what I have done.
Circumstances render my life of no use on this
earth. Pray forget me. Yet, dearest, in taking
this final farewell, I pray thee to look with some
little indulgence on me. Pray for me, darling—
for one whose faults have been more the result of
circumstances than any real desire. This is a
dreadful welcome, to you on your birthday, for I
really and truly love you, with a love that cannot
be uttered," &c.
William Hutton Forrest, surgeon, Stirling, was
examined as to the report made by him along with
Drs. Hamilton and Myrtle on the foetus, and on
the body of the deceased Margaret Taylor. He
stated his belief that' the wounds on the womb of
deceased had been inflicted during life, that abor-
tion had ensued from these wounds, and had been
the cause of death. Witness was also cross-ex-
amined at some length as to the details of the re-
port and the conclusions drawn from it.
The prisoner's declaration was then read. It con-
sisted of an emphatic denial of the charges against
him, and a refusal to answer any questions on the
subject.
This concluded the case for the Crown.

Evidence in exculpation was then heard.
Dr. Matthews Duncan, lecturer to the Royal
College of Surgeons—My practice in midwifery is
very extensive. I have seen the report on the
death of Margaret Taylor. Looking to the appear-
ances explained in the report, I do not see sufficient
ground for the conclusions drawn. I find a suffi-
cient explanation of the cause of death without refer-
ring to the wounds at all. The rupture of the left
ovary there described, and the effusion of blood and
the inflammation arising therefrom, are sufficient to
account for death. Anything causing the rupture,
and the consequent effusion and inflammation,
would be sufficient to account for death. Even in
the absence of the ruptured ovary, I should have
been far from accounting for death by the wounds.
They might indirectlyhave been the cause of death.
They might have led to abortion, and to dangerous
consequences, but they did not necessarily do so.
Supposing the wounds to have been made by the
wire of a catheter, they would not necessarily ac-
count for the inflammation ; for, on the contrary,
larger wounds were sometimes made in " explora-
tory" investigations on living subjects. These in-
vestigations might not be made without risk, but
they were sometimes found necessary. Painful dis-
charge was often a symptom of disease of the ovary.
Rupture might occur at the periods from natural
causes, when the woman was pregnant. The more
morbid the state of the ovary, this would be the more
likely to occur. Taking the symptoms of the pa-
tient, and the statements of the report, I think all
these would be accounted for by the rupture of the
ovary. The effusion and consequent inflammation
would be very likely to bring on miscarriage. I
do not think the stylet of a catheter would have
produced the rupture of the ovary which is described
in the report. It is not an uncommon circumstance
in my profession for unmarried females who are
pregnant to request that such an operation might
be performed—namely, the puncturing of the mem-
brane of the ovary, with the view to bring on pre-
mature labour. Of course no respectable man would
listen to such a request. It is not a very safe ope-
ration at any time. I;think it very improbable that
a person unacquainted with surgery could have in-
flicted the wounds described in the report at the
deceased's period of pregnancy. It would be very
difficult, under any circumstances, for an unprac-
tised hand to make the wounds on the uterus with-
out injuring any other part, but it might have been
done by one who knew the conditions of a pregnant
woman, and these could not readily be learned from
mere description by any unskilled person.
In cross-examination witness said—An unpro-
fessional hand might more likely succeed in - punc-
turing the ovary at the deceased's period of preg-
nancy than at any other, but any teaching given
him was more likely to confuse than to direct him.
By the Lord Justice Clerk—The rupture of the
ovary may have preceded the cause of abortion, or
it may have been a concomitant of it, or it may
have been the sole cause of it. It might be ascribed
to the primary cause of abortion; but to it, and not
to the abortion, I would ascribe the fatal result.
The abortion might, therefore, be, though not pri-
marily, the cause of death.
Dr. H. D. Littlejohn, Surgeon of Police and
Lecturer to the Royal College of Surgeons_
I have seen the report on the body of Mar-
garet Taylor. It does not appear to me that the
conclusions of the report are warranted by
the appearances described in it. The ovary is de-
scribed as ruptured, but no connexion is traced
between the rupture and the wounds described.
That organ is apt to rupture in consequence of
disease, and I am of opinion that it did rupture in
consequence of disease, and that it occasioned death.
I see no evidence in the statements in the report
that deceased died from the effects of violence of
any kind, but the appearances arc quite consistent
with death from natural causes, in the ordinary ac-
ceptation of the term. I cannot tell what produced
the rupture. I would infer from the report that
the wounds were inflicted by a skilled hand. It
would require a knowledge of anatomy of the parts
to reach the proper place. I have little doubt from
the report that it was a skilled hand that produced
the wounds.

Cross-examined--Exertion of any kind might
produce rupture of a diseased ovary. The exertion
of vomiting might. It is po3sible that the wounds
may have been made by an unskilled hand. An
intelligent person receiving instructions from a
surgeon might perform the operation at this period,
but he would in all probability do it improperly.
Re-examined--At any period the chances would
be greatly against an unskilled person being able
to perform the operation successfully. He might,
no doubt, be able to reach the womb ; but the diffi-
culty would be to do so without injury to the other
parts.

Witnesses were then called to prove that Reid
was at Newlands, some miles distant, on the Sun-
day evening ; that Margaret Taylor had received
an offer of marriage from John Black some weeks
before her death; and that Reid had been seen
walkinc, along the banks of the Avon on the Sun-
day, about mid-day.
The Lord-Advocate then addressed the jury for
the Crown, ul - the Bean of Faculty for the pri-
soner.

The Lord Justice Clerk then summed up in a
lengthened address to the jury. He proceeded to
point out that therewere three courses, or rather four,
open to the jury in the way of finding a verdict for
the prosecution. The charge was, in the first place,
murder, and under that charge there was always
the alternative in their hands, as the evidence should
justify, of finding a verdict of murder or of culpable
homicide. Then there was the second charge of
causing or procuring abortion, which they might
find proved, if they did not find that the abortion
was the cause of death ; and thethird charge of using
instruments for the purpose of abortion, which they
might-convict upon, even although it should not be
proved that abortion was caused by the means used.
He reviewed the evidence at great length, remark-
ing on the improbability of Margaret Taylor soli-
citing the operation, and directing the jury that it
was not necessary, in order to bring home the charge
to the prisoner, that the act was absolutely commit-
ted by his land. If he was either the employer of
Thomas Girdwood, or if he acted in concert with
him, or if he stood by and saw it done, he was guilty
art and part, just as much as if he himself had done
it. It seemed to be doubted whether an unskilled
person could attempt the operation, and probably
the safest conclusion they could come to there was
that it was not proved that any but a professional
hand could have clone it; but that by no means
ended the case against the prisoner. On the con-
trary, it would be an extraordinarvthingy to suppose
that, with Girdwood present and ready to perform
the operation, the prisoner -should have proceeded
to do it under his direction. The question was, whe-
ther the prisoner employed Girdwood, or was there
aiding and assenting to it for purposes connected
with his own interests. The Lord Justice Clerk then
entered upon consideration of the medical evidence
remarking that the evidenceofthe medical men pre-
sent at the post mortem examination was clear that
the .appearances onthe womb were wounds inflicted
from without on a living subject, and that whether

the ruptured ovary was the cause of death, still, if
it was a concomitant of the miscarriage, or if it
arose from a morbid conditicin set in action by the
miscarriage, but which might not have produced
death, the fatal result was to be attributed to the abor-
tion, though that might not have been the primary
or sole cause. No matter how many stages they
might have to trace the cause of death—if it in
any way originated from the abortion, that was
enough for the prosecutrix. His Lordship con-
cluded by remarking that if the wounds caused
death the first charge was proved ; if they pro-
duced abortion the second was proved ; and that if
their use and intent was to procure abortion the
third was proved.
The jury retired shortly before 6 o'clock, and re-
turned into court at •20 minutes before 7, when
their chancellor delivered the following verdict :
"The jury unanimously find theprisoner not guilty
of the first charge ; and, with regard to the second
and third charges, find him guilty as libelled."
The Lord Justice Clerk then passed sentence on
the prisoner of seven years' penal servitude.
The prisoner, who kept his eyes bent on the
ground during the address of the judge, betrayed
no sign of emotion on hearing his sentence, and was
immediately afterwards removed.
Duing the whole of the trial the court-room was
crowded to excess ; women were not admitted,

FROM THE GAZETTE OF YESTERDAY

WINDSOR CASTLE, Nov. 9.

The Queen, taking into her Royal consideration that his
Royal Highness Albert Edward, Prince of 'Wales, Knight
of the Most Noble Order of the Garter, and, tiy virtue of the
statutes of the said Order, a
_constituent mei nber thereof,
has not yet assumed the Still assigned to ' the Prince of
Wales in the Royal Chapel of St. George, at Windsor, and
having, as Sovereign of the said Order, the.inherent right
of dispensing with all statutes, ordinances, and regulations
in regard to Installation, her Majesty lims been pleased, by
Letters Patent under her Royal Sign Manual and the Great
Seal of the Order, bearing date this day, t. 3 give and grant
unto his Royal Highness Albert Edward, Prince of Wales,
full power and authority to wear and us e the Star, and
also to wear and use the Collar and all othe r Ornaments be-
longing to the said Most Noble Order, at od to sit in the
Stall assigned to the Prince of Wales, in.° ur Royal Chapel
of St. George, at Windsor, and to tnci rcise , all rights
and privileges belonging to a Knight Companion of the
said Most Noble Order, in as full and ample manner as if
his Royal-Highness had been formally inAtalled, any decree,
rule or usage to the contrary notwithstanding.
FOREIGN-OFFICE, Noy. 11.
- --

The Queen has been pleased to aippro ye of Mr. Robert
Stein as Consul at Port Louis, Mauritix' Is, for his Majesty
the King of Prussia.
THE PRINCE OF WALES'S•COTJNCIL CHAMBER,
BUCKINGHAM-GATE, Nov. 11.
_

The names of those who have been nominated by the
Council of his Royal Highness the Prince of Wales, to
serve the office of Sheriff of the county of Cornwall :
John Tremayne, of Heligan, Esq.
• Humphry Willyams, of Carnanton, Esq.
John Francis Bassett, of Tehidy, Esq.
WAR-OFFICE, PALL-MALL, Nov. 12.

Ist Regiment of Dragoons—Cornet Clermont Costobadie
to be Lieutenant, without purchase_:
7th Light Dragoons—Major Sir William Russell, Bart., to
be Lieutenant-Colonel, by purchase, vice James Macaul
Hagart, C. 8., who retires; Captain William Babington
to be Major, by purchase, vice Russell, Lieutenant
Charles William Paulet to be Captaiii, by purchase, vice
Babington.
16th Light Dragoons—The first Christian name of Cornet
Harmar is Morton, and not Moreton, as stated in the
Gazette of the 26th October.
Royal Artillery—Lieutenant Edward :Kate to be Second
Captain, vice H. E. Saunders, deceased.
Royal Engineers—Brevet-Colonel Henry Servante to be
Colonel, vice Ord, removed as a General Officer ; Brevet-
Colonel Edward Frome, from the Supernumerary List,
to be Lieutenant-Colonel, vice Servante ' • Second Captain
and Brevet-Major Louis John Amadee Armit to be Cap-
tain, vice George Ross, placed on the Seconded List;
Lieutenant Robert Hawthorn to be Second Captain, vice
Brevet-Major Cowell, placed on the Seconded List ;
Lieutenant Gerald Graham to be Second Captain, vice

Armit. -
2d Regiment of Foot—Ensign Reginald Thoresby Gwyn,
from the 40th Foot, to be Ensign, vice Harvey, ap
pointed to the 25th Foot.
10th Foot—Captain John Byron, from the 34th Foot, to
be Captain, vice Nedham, who exchanges; Quartermas-
ter Sergeant Nicholas Whitton to be Ensign, without
purchase, vice Rudge, promoted ; William Whitla,
Gent., to be Ensign, without purchase, vice Scott, pro-

moted. _
12th Foot William Lewis Murphy, Gent., to be Ensign,
without purchase, vice Dudgeon, promoted.
13th Foot—Richard Hare Home, Gent., to be Ensign,

without purchase, vice Turville, promoted.
14th Foot—Henry McLeod Hutchison,; Gent., to be En-
sign, without purchase, vice Bryce, promoted.
15th Foot—Captain Algernon Rbbinson Sewell to be
Major, without purchase, vice Mansergh, dismissed the
Service by sentence of a General Court Martial ; Lieut
Archibald Butler, from the 93d Foot, to be Captain with-

out purchase, vice Sewell.
17th Foot—Ensign Alexander Finder, from the 63d Foot,
to be Lieutenant, without purchase, vice Hussey, whose
promotion to the 39th Foot, on 20th September, 1858,
has been cancelled.
24th Foot—Charles 'William Story, Gent., to be Ensign,
without purchase, vice Church, promoted.
25th Foot—Charles Robert Leslie, Gent., to be Ensign,
without purchase, vice Ramadge, promoted.
27th Foot—Ensign Ormsby Cox, from the 9th Foot, to be
Ensign in succession to Lieutenant Langford, promoted
in the 17th Foot.
29th Foot—James Henry Herbert Croft, Gent., to be En-
sign, without purchase, vice Fursdon, promoted.
30th Foot—Ensign Charlesßoger, Gent., to be Ensign, by
purchase, vice Stevenson, promoted.
34th Foot—Captain Charles Nedham, from the 10th Foot,
to be Captain, vice Byron, who exchanges ; Montagu
Hornsby Jones, Gent, to be Ensign, without purchase,
vice Gilley, promoted in the 20th Foot ; James L. N.
Willis, Gent., -to be Ensign, without purchase, vice
Home, promoted in the 18th Foot; Paymaster Jones
Robert Lloyd Percy, from the Leitrim Militia, to be
Paymaster, vice Roche, appointed to a Depot Battalion.
38th Foot—William Uvedale Miller, Gent., to be Ensign,
without purchase, vice Skey, promoted. The first
Christian name of Ensign Pringle, appointed, without
purchase, on 10th September, 1858, is Norman.
39th Foot—F. W. Clarkson, .Gent., to be Ensign, by pur-
chase, vice. Blennerhasset, promoted in the 21st Foot.
The removal of Ensign 0. J. Bradford from the 17th
Foot on Sept. 17, 1858, is vice Archdall, promoted in the
20th, and not vice Hussey, promoted in 17th Foot, as
previously stated. The Commission of Lieut. A. F.
Raper, as Adjutant, to bear date Aug. 21, in lieu of Sept.
17, 1958, as previously stated. •
40th Foot—R. T. Gwyn, Gent., to be Ensign, by purchase
in succession to Lieut. Buckle, promoted.
41st Foot—Ensign M. T. Quayle to be Lieutenant without
purchase, vice Byam, deceased.
46th Foot—L. W. Herchmer, Gent., to be Ensign, by pur-
chase, vice Coucher, promoted.
48th Foot—W. Farley, Gent., to be Ensign, by purchase,
vice Goddard, promoted.
50th Foot J: W. Walkem, Gent., to be Ensign, without

.
purchase, vice Wilson, promoted. -
55th Foot—:EHerbert Richard Hudson, Gent., to be Ensign,
without purchase, vice Dowler, appointed to the 23d

Foot.
61st Foot—Edward .Ellis Borton, Gent., to be Ensign,
without purchase, vice Murphy, promoted.
63d Foot—Ensign Alfred Stokes to be Lieutenant, without
purchase, vice Marson,
.promote' d; Lieutenant George
Clutterbuck .to _be Adjutant, vice Marson, pro-
moted.
71st Foot—Lieutenant E. P. W. Browne to be Captain, by
purchase, vice Sir Lionel E. Smith, Bart., who retires.
74th Foot—Colour-Sergeant Archibald Whimster to be En-
sign, withoutsurchase, -fico Richards, promoted in the
sth Foot.
83d Foot—Reginald _Kennett Gibb, Gent., to be Znsigri,
without puchasti, in succession to Lieutenant Meurant,
promoted.
84th Foot—Arthur Henry Messiter, Gent., to be Ensign,
without purchase, vice Dribcrg, promoted.
87th Foot—The Christian name of Capt. Fitzgerald is Or-
mond, and not Armond, as stated in the Gazette of 9th
Nov.
90th Foot-'Frederick Home Carleton, Gent., to be Ensign,
without purchase, in succession to Lieut. Synge, de-
ceased.
_

91st Foot—Robert Butt Wesley, Gent., to be Ensign,
without purchase, vice Holloway, promoted.
94th Foot—Ensign Henry Farrer, from the 3d West India
Regiment, to be Ensign, vice Leech, promoted in the
24th Foot ; Percival Richards, Gent., to be Ensign,
without purchase, vice Wheeler, promoted in the Sth
Foot.

3d West India Reiiment—Henry Farrer, Gent., to be En-
sign, by purchase, vice Mather, promoted.
Cape Mounted Rifle Regiment—Staff-Surgeon Alex. Geo.
Montgomery to belSurgeon, vice Small, who exchanges.
Ceylon Rifle Regiment—Lieut. William Gny to be Adju-
tant, vice Gorman, who resigns the Adjutancy only.
St. Helena Reg.iment—George Vautier Lambe, Gent., to
be Ensign, by purchase, vice William Cleather Gordon,
who resigns.
Royal Malta Fencibles—Major Antonio Mattei to be Lieu-.
tenant-Colonel, with local and temporary rank, vice
Brevet-Cylonel S. Baynes, retired upon half-pay ; Cap-
tain and Brevet-Major Saverio Gatt to be Major, with
local and temporary rank, vice Mattel ; Lieutenant
Guiseppe Sesino to be Captain, with local and temporary
rank, vice Saverio Gatt ; Ensign Philippo Giacomo
Cassar Desain to be Lieutenant, with local and temporary
rank, vice Sesino.
DEPOT BATTALION.

Paymaster Charles Boyse Roche, from the. 34th Foot, to
be Paymaster, vice Cubitt, appointed to the Cavalry Depot
at Maidstone.

STAFF.

Paymaster Edward McMullin, formerly of,a Depot Bat-
talion, and attached as Paymaster to a Recruiting District,
to be Paymaster of a Recruiting District, vice Woodgate,
who retires upon half-pay.