The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-01-22 00:00:00

tEPLY OF DR. BUCK TO THE CHARGES PRE-
FERRED AGAINST HIM BY CAPT. WILLIAMS.
(Continued from our last.)

DR. BUCK'S REPLY TO THE

ECOND SERIES OF ACCU-

S ATIONS

Gentlemen,—lt is with mingled sensations of pleasure and
pain that I now appear before you. Pleasure, in the reflec-
tion that the former charges have been deprived of all their
sting by the defence which I was permitted to make ; pain,
in that having fully replied to nine distinct accusations, 1
now find you deem it needful to hear my reply to four in
addition.

I trust, however, that without needless depression, either
from a sense of my own weakness in mind or body, I-may
yet be able to surmount every difficulty, and receive, in ad-
dition to the consolations derivable from a conscience void
of offence, the reiteration of the former resolution of the
magistracy of Liverpool, that my continuance in my present
office is believed by them to be for the good of the public
service. It may appear to border on presumption, or mad-
ness, to expect to pass through such an ordeal as that through
which I have been called to pass, scatheless.
What man, unaccustomed to public pleading, can reason-
ably expect to avoid the effects of a multiplication of charges,
each one of which affects his reputation, and in consequence
all his future earthly happiness ? Who can expect full ac-
quittal, when tried by forms of which he is entirely igno-
rant?—denied a specification of charges, to the establishment
of which evidence is about to be produced ; informed that he
must consider it a favour that he is allowed to be present
while such evidence is being taken ; is denied the privilege
of hearing the verdict guilty or not guilty pronounced as to
former accusations ;—but on the contrary, when he attends
his judges, according to appointment, fully expecting that his
suspense is now to be ended, suddenly, without preparation
or previous notice, learns that he is again upon trial, on new
charges, (time to take advice being refused,) and further in-
formed, that when he has replied to these new matters, if
cannot be promised that a third set of accusations will not
have to be answered.

These, gentlemen, are very discouraging circumstances
they would break down many a stouter heart than mine
and yet I have a hope, a strong hope, the full assurance
that strength and wisdom will be given me to prevail, to con-
vince my judges that they have, during these proceedings,
formed very erroneous impressions of my character; and
that it might have been better for the interests of those con-
fined, or to be confined, in the borough prison, had he been
looked upon as one able to give useful information, rather
than as an individual whom it was expedient to disgrace, iu
the eyes of every turnkey in the_gaol. . . .

I purpose attempting my defence exactly in the order in
which offences to be repiied to are specified on the resolutions
which were read to me by the chairman of the committee.

REPLY

UCK TO THE TENTH CHARGE, RELATING

tVING

IECOMMENDED A SERVANT NAMED

'0 MR. BItOWN

Although 1 may be deemed tedious in giving a detailed ac-
count of my intimacy with the man Macstay,.yet without
such a statement, it will be impossible that you should be
able to arrive at a clear judgment, as to whether I have acted
Droner], or i,,,oroneri, in relation to the charge which I am

.itea to answer.
oout the 28th of June, 1837, I arrived in Liverpool,
'g been appointed to the curacy of St. Matthew's Church.
Never having been in this part of the kingdom, I knew not
an individual in the place. I brought no recommendatory
letters, and was, in fact, an absolute stranger. Early in the
following month, Macstay introduced himself to me in my
vestry, desiring to speak to me about the state of his mind,
on religious matters. I was so pleased with the artless tale
he told me of his fearful views of sin, and its consequences,
that, (my wife being in the vestry) I introduced him to her,
and she was perhaps more powerfully struck than I had been
with the apparent work of God upon his soul. He conti-'
nued his visits to the vestry, and at my private residence, for
a considerable period, the persons connected with my church
forming as good an opinion of bim as I did ; and at an early
period, he became one, of the few, who were permitted by
me, as a clergyman, to communicate at the Lord's table. In
fact, I, in common with those individuals, with whom I
chiefly associated, believed him to be a true and sincere
christian.

Learning that he was out of all employ, and at the time
supported by a sister, who was a member of a Wesleyan
chapel in this town ; a gentleman, at that time a member of
my church, obtained for him a situation in Chester ; where
he remained some months, receiving a guinea per week. He
became a constant correspondent, and most of his letters
abounding with sentiments expressive of genuine godliness,
contained also lamentations of being separated from my mi-
nistry, and dislike of the nature of his present office, (as-
sistant in a spirit vaults.) This all appeared natural, but I
recommended him to remain until some of our friends
might hear of a more suitable situation ; contrary, however
to this advice, he threw up his service, and returned, to Li-

verpool; having in the mean time ingratiated himself into
the favourable opinion of the minister, at whose chapel he
had attended for public worship in Chester. Some part of
the wages he had earned, was expended, as he said, in pay-
ing debts contracted while out of employ : upon the residue
he supported himself, while I and other persons friendly to
him, were endeavouring to obtain for him another situation.
Some considerable delay occurred, and he suffered much
from poverty.

I should here state, that during the time Macsty was at
Chester, I was appointed chaplain of the Borough prison,
and lost the curacy I had held. Many persons, however,
who regretted my removal from a public ministry, continued
to attend at my private house on Sunday evenings, and on
one or two week day evenings regularly. Macstay on his re-
turn at once joined himself to this p-arty, and was received
by them as a christian : his circumstances of poverty also
becoming known, a small weekly provision was raised for
him, which he received, apparently with great reluctance ;
and which at a subsequent time, when his circumstances had
improved, he wished to repay ; he did, in fact, repay one
sovereign.

In July, 1838, I was obliged to change my. residence.
Macstay was employed in packing, carrying, unpacking, and
arranging every valuable I possessed. Books, wine, plate,
bijouterie, and, in fact, all the property of the house, was
within his power. No article was lost, and it was with great
difficulty Mrs. Buck could induce him to receive the slight-

est remuneration. He said he was under such obligation to
us as he could never repay, and on this' ground resisted our
importunities. He eventually received three shillings only,
being that much indebted to his sister, who'll he was desirous
of repaving".

Later in the same year, I succeeded in obtaining for him,
through a friend, a situation. I should observe, that his at-
tendance at our religious meetings was most punctual; and,
from private conversations with hini on religious subjects, it
was evident that he read his Bible much, and that he was one
who loved prayer, and profited by the ministry.
In this place, which was one of great confinement, under
ground, he suffered much in health. He also continually re-
presented it as one of a most disagreeable and painful kind,
from the intemperate habits of his mistress. He was, there-
fore, in fact, during the few months he remained there, on
the look out; and enquiry, for another place, His health
eventually became so evidently impaired, that neither Mrs.
Buck nor I wondered at his leaving his place, and being once
again a wanderer.

-In July, 1839, I had again occasion to change my residence.
Macstay being then out of place, and extremely poor, I em-
ployed him, as I had done the year before, to pack, remove,
unpack, and arrange all my property. Again, nothing was
lost, the strictest fidelity was displayed. So satisfied was I
of his sincerity as a Christian, and honesty as a man, (against
which indeed I never heard a whisper) that seeing his poverty,
and supposing him to be the object of daily sarcasm and per-
secution at his sister's house, I offered him a bed-room in
my new dwelling, which he occupied, performing all the
offices of a servant fully trusted, until Mr. Archer, your sur-
geon, requiring a man-servant, engaged his services ; and
he, in consequence, left my abode, after a residence of nearly
seven weeks ; no act of dishonesty being imputable to him.
In fact, he would have been engaged by" me long before as a
regular, confidential, servant, if I had required one.
Macstay entered Mr. Archer's service on the sth of Au-
gust, 1839. Mr. Archer has told'you on oath, "That Mac-
stay was honest whilst in his service." He continues, " But
I never could place the least reliance on his probity. I had
him only for about four months. He left my service on ac-
count of ill health. He entered Mr. -'s service two or
three weeks afterwards." Hence, then, it appears, (for I
have no certain means of fixing the day) he entered Mr.
-'s service at the end of 1839, or very early in the month
of January, 1840. The means by which he gained the situ-
ation, I shall afterwards advert to. I will here only add,
that up to quarter-day, in September, 1839, Macstay con-
tinued, as regularly as his avocations would allow him, to
meet the friends assembled at my house for worship ; and
that from that time, when I ceased this practice, and myself
attended a public ministry in the town, Macstay attended the
same place of worship nearly to the day of his apprehension
for robbery, frequently calling at my house, for the purposes
of religious conversation and instruction in the scriptures.
Now, gentlemen, I would call to your remembrance, that
Macstay remained nearly five months in Mr. -'s ser-
vice, without one imputation on his character. His conduct
was such as to induce no suspicion, and I can even now have
no doubt, that had not temptation of a most extraordinary
kind intervened, had not a degree of negligence, on the part
of his master, occurred, which can scarcely be accounted for,
this unhappy man might still have been a faithful and a good
servant.

His master (the evidence taken on the trial proves the, ex-
traordinary fact) placed the sum of sixteen hundred pounds,
in gold and notes, in a great coat pocket; threw that great
coat negligently across the back of a chair; there allowed it
to remain several days ; a man-servant having, iu the honest
performance of his duties, free access to the room, and his
duty requiring him to brush that coat; and thus putting it
(with all innocence as to previous intention) within his know-
ledge that sum of money was within his grasp ; a sum of mo-
ney which would have proved a strong bait, a powerful temp-
tation to many persons exalted in station far above that which
this wretched being occupied.
Whatever character I may have given to Mr. - of
this man, cannot affect the case or my conduct. The sin
arose out or overpowering temptation ; it had nothing to do
with the man's previous life, with his previous character,
which must have appeared to you, from the statement made,
and the facts adduced, at least from July, 1837, to May,
1840, unimpeachable as to honesty. ,

Gentlemen, the animus with which the prosecution has
heen conducted against me by toy unknown accuser, has
evinced itself in so stating the different charges, and in so
endeavouring to sustain them, as to make very trivial and
unimportant circumstances reflect as much as possible against
my private character. Hence falsehood, fraud, deception,
have been imputed with an unsparing hand. • Any remark
made by a witness, which at the moment (when explanation
on my part could not be given) appeared to press heavily,
has been rapturously received. " Put down the words, put
down the words," has, as you know, been a very constant
cry. Witnesses who have been thought to have spoken very
powerfully against me, have been complimented for their very
clear evidence, &c., &c. I had hoped for very different treat-
ment at your hands, especially after having so fully over-
thrown the first set of charges to which I was called to reply.
When evidence was being taken in reference to the charge
against me now under consideration, it was attempted to be
shewn, it was most broadly insinuated, that a prisoner, nam-
ed Macsty, had been imprisoned for felony, in the Borough
Gaol ; that I, being chaplain of the prison, and, of course,
fully aware of the fact, gave a false and wicked character, by
which I obtained for hith a situation in the family of a gen-
tleman, whom he (as might have been expected) immediately
robbed ; thus using my office, as chaplain of the prison, to
enable a discharged felon to obtain a place at the cost of his
employer.

So; let us inquire how the case really stands. You per-
mitted (at my desire) the record of Macstay's first conviction
to be put in as evidence. It appears from this record, that in
October, 1836, Macstay was tried for a felony, and sentenced
to six months imprisonment, not in the Borough Gaol of
Liverpool, but in Kirkdale. He therefore left the house of
correction at Kirkdale in April, 1837, at which period I was
living at Croydon, in Surrey, never having seen this place.
My arrival in Liverpool I have shewn to have been during
the month of June, 1837. My first interview with Macstay
was in July, 1837, and you know that my first connection
with the Borough Prison was in the month of February,
1838. It was therefore morally and physically impossible
that, as chaplain of the prison, 1 became acquainted with the
man ivfacstay. All attempts therefore to fix official guilt
must be abandoned, the venom of the charge must, though
perhaps very reluctantly, be extracted.
I really thought that when I had fully and most clearly
shown this to you, you would have dropped,
nay, in truth,
I thought, by your omitting it from your first edition of ac-
cusations, that you had discarded this matter entirely from
your minds. I fear, however, that the overthrow of the first
charges may, by some unhappy fatality, have led to the in-
troduction of this second series.

- •Jv av•,.
The past three years of, the life of the unhappy being,
through whom I am now involved in disquietude, could it be

faithfully written, would certainly be most interesting, as it
is most marvellous. 1 will only lead you back as far as Au-
gust sth, 1839, when at my strong recommendation of him,
Mr. Archer trok him into his employ. On Tuesday, August
20th, about nine o'clock in the evening, two persons waited
on me at my present residence; they enquired for Macstay,
one of them saying, he had seen him in the neighbourhood of
Renshaw-street, and had traced him to Mr. Archer's resi-
dence ; that he intended to call on his master, for he was de-
termined to have him out of Liverpool ; that a policeman had
told him Macstay bad at some former period been convicted
of felony ; and, that having missed some goods from his shop,
his suspicions now fell upon Macstay, and that he would at
once give him in charge, and take him forthwith from Mr.
Archer's residence. I asked him if he really had evidence
to substantiate a charge of robbing. He said he had not;
but, that he had missed property since Macstay had left his
service, and had now learned thot Macstay had been pre-
viously in prison ; it was to his mind clear that he had robbed
him. I spoke to him of the hardship of such a judgment, of
the unfairness of such a proceeding, against a man who, I
knew had for more than two years borne an irreproachable
character, and who must be ruined by such a proceeding. My
wife was present when this communication was made to me,
and is ready, if you will take her testimony, to verify it.
The man became more tranquil, and I arranged with him
that he should take no steps in the Business until I had in-
quired, by the records in the prison, whether Macstay had
ever been in confinement. The complaining party eventually
dropped the matter, finding he could substantiate no charge.
Early next morning I mentioned the whole circumstance
to the governor of the prison, and, requested him to assist me
in my search through the prison books. The governor and
the turnkeys had, on very many occasions, seen Macstay when
he has come to me at the prison on business. No one re-
membered him. The governor said distinctly, he had cer-
tainly not been in confinement during his (the Governor)
being at the prison; and that he had no knowledge of him as
bridewell keeper. On looking over the books, however, we
found that John Macstay, aged 27, had been in prison, await-
ing trial at the October Sessions, 1836, and bad been sen-
tenced to six months' imprisonment at Kirkdale.
The entry, however, would make his present age 30,
whereas I knew, from his constant statements, that he was
only 22 years of age. We were therefore in the dark : no
one could show that John Macstay, now 22 years of age, was
the identical Macstay who ought, by the entry, to be 30.
Still my suspicions were aroused. My sense of duty and
honour towards Mr. Archer were so much alive, that on the
next following day, (I now speak from an entry in Mrs.
Buck's private diary,) or as Mr. Archer, in his evidence,
says, on that very day, I called upon and told him all I had
heard.

Gentlemen, allow me here to appeal to your best feelings,
to your knowledge of the ways of men. Can you readily give
way to the belief, that a man who could act in this upright
manner, where he had been the cause of a servant's introduc-
tion into a family, should at a 'subsequent time declare to a
police=officer, that upon his word of honour as a gentleman,
he did not, at the time of recommending him to Mr.
know that the man had been in prison. With all the advan-
tages of what Mr. Dowling called his mechanical memory,
he has sadly erred, sadly mistaken, in imputing any such
words any such sentiment to me.

As to the several circumstances of recommending Macstay
to Mr. Archer as a servant, of making known to Mr. Archer
the supposed previous guilt of the man, without delay, and
of my favourable opinion of his character, I entreat you to
consider well the following testimony.

That I should not be very ready to believe him capable or
guilty of felony, the statement of my acquaintance with him,
which you have already heard, will readily account for.

Mr. Archer examined :
At whose recommendation did you take him—Macstay ?

. 'At Dr. Buck's.
What was the nature of the recommendation ?
He said he was a trusty man, and that he could have
confidence in him. He spoke very highly of him in every
respect.

How long ago is it since he entered your service ?

About sixteen months.
After he had been some time in your service did not Dr
Buck call upon you ?

Yes :—and he said he had heard certain reports respecting
Macstay, which he thought it his duty to make me aware of.
Did he state anything to you ?
Yes :—he said he had been a prisoner in the Borough Gaol
on a charge of felony,—that after trial, he served six months
in Kirk dale.

Did he ask to see Macstay in private ?
Yes :—and he saw him.
Did you afterwards see Dr. Buck ? if you did, state what
took place.
Dr. Buck told me Macstay denied being guilty of the
charge.

Did Dr. Buck express to you his opinion that Macstay was
not guilty ?
He did.
Did he continue in that opinion for some time until after
conviction, wheh Mr. 's money was found ?
I::Es.xamined ley Dr. Buck :

You state that' Macstay came into your employ in conse-
quence of Dr. Buck's recommendation as to his trustworthi-
ness ?

Yes :—the character was—he had been in my employ, and
I had trusted him.

Have you any occasion to suppose that when I gave you
that character, I had any suspicion he had been in prison ?
I do not think you had the most remote suspicion.
Do you remember my stating that I had obtained a situa-
tion for him in Chester, from which he had returned with
credit ?
I believe I do.
Do you think this man had great hold of my feelings on a
religious ground ?

rbelie;e you considered him a sincerely religious man.
When I told you he had been in the Borough Gaol, did I
speak as if I had known it, or that it was just brought to my
knowledge ?
It had only come to your knowledge that day.
Were you, on enquiry, satisfied of the man's guilt ?
I was,—but you thought more favourably.
Do you remember my saying Mr. asked me if I
would trust the man myself, and that I told Mr.
had trusted him ?

I do.
Have you reason to think I at that time doubted his pre-
vious guilt ?

I think you did not think him so completely guilty as I
did.

Do you know that the man to the last moment denied
to me his guilt I -
You told me so.

From the above it will be most evident to you that in re-
commending Macstay asu servant to. Mr. Archer, I thought
him to be a man of excellent character. I had no suspicion
tbat he had ever been accused of crime. That when state-
ments had been made to me to his discredit, I at once spoke
to his master. That Mr. Archer, on enquiry, arrived at the
conclusion that he had been guilty of a felony, but that I, as
the consequence of a long intimacy with the man, believed
him to be innocent of the charge for which he had suffered.
Thus far, I apprehend, no one action has appeared to my
discredit, as chaplain of your prison.
Now, observe Mr. Archer's dealings towards the young
man, he being thoroughly persuaded that he had been guilty
of a felony : and I beg you distinctly to understand that I do
not introduce his name, in any other way than to shew that
he, as an honourable man, acted in an honourable, upright
way, without imputation being cast upon him, and that I,
not inferior, I hope, in every sound feeling, have acted in the
same way as he has done, yet have now laid to my charge an
imputation of the most discreditable kind. For if I under-
stood the charge in its new form, it is, that I did not, when
applied to for the character of a certain individual, say—' but
sir, though I speak favorably, from an intimacy of more than
two years duration, from knowledge of his conduct in differ-
ent situations he has filled, from having myself repeatedly
trusted him, and although you have not asked me concern-
ing his character for a period antecedent to my opportunities
of judging of his disposition, yet, I must add, he has been,
in his earlier days, convicted of felony. It is true I thought
certain circumstances, attaching to his prosecutor, so greatly
withdrew from the weight of his sole testimony against the
man, that I really believe him to be innocent ; yet, sir, after
trial by jury, he has been declared guilty.' The not having
made such a statement, is deemed creditable in one officer of
a prison discreditable in another, both of them by education
and station in life being considered by many persons, though
perhaps not by all, as gentlemen. Now as to Mr. Archer's
dealings towards this young man, when he had become, as
he thought, certain of hig guilty conduct, Mr. Archer says
on oath, " when I went home I stated to Macstay my con-
viction of his being justly found guilty of the charge, and
that he was properly punished ; but that in consequence of
the strong recommendation Dr. Buck had given him, and to
give him an opportunity of retrieving his character, I would
retain him." (Observe here, Macstay entered Mr. Archer's
service August sth, 1839, and that this conversation took
place August 22d or 23d.) He continues : " but that if I
found him guilty of any dishonesty, [should have him im-
mediately punished. He was honest while in my service. I
had him only for about four months. He left my service
on account of his health." Not, you will observe, from any
fault, but on account of his health. Indeed I well remem-
ber Mr. Archer telling me that Macstry had given notice;
that of course he could not ask him to remain ; but that he
was sorry to part with him, he was so good a servant. I feel
satisfied that Mr. Archer, called upon by you, will acknow-
ledge that he has so expressed himself.
Mr. Archer's examination continued :
Did either of the Messrs.
ter?
Yes, the elder Mr.

_
Did you recommend him as a servant ?
I did not; but said that he had been but three or four
months with me, and I could only speak of his conduct while
at my house.

Did you tell him that he was not to be depended upon?
I said I could not depend on his word, he did not speak
the truth. Mr. asked me with regard to hisservices,
of which I spokefaVorably:
He asked me if I could recommend him to be taken into a
family ?

I said I could not speak of him on that point, that I spoke
merely of the way in which he conducted himself while in my
service—that he was quarrelsome with the other servant, and
,for other information he must apply to Dr. Buck.
Why Dr. Buck was to be applied to, it might perhaps be
difficult to say, however such is Mr. Archer's testimony.
The following was elicited on cross-examination :
. _

Notwithstanding your unfavourable opinion of Macstay,
you did not think it incumbent on you to say he had been in
prison ?
I did not.
When you had heard the particulars of the first robbery,
you still retained him in your service ?
I did—though firmly convinced of his gnilt.
Do you remember my telling you—l told Mr. how
1 had trusted Macstay ?
I do.

Do you remember• my aaying—Mr. asked me if I
would trust the man myself, and that I told Mr. Brown I
had trusted him ?
I do.
Have you reason to think I at that time doubted Macsty's
previous guilt ?

I think you did not think him so completely guilty as I
did.

And yet remember, gentlemen, that Mr. Archer when
expressly called upon for the character of this man, as his
last master did not think it needful to make known to the
gentleman applying to him, the fact, that he had been tried
and punished for robbery ; he believing the man to have been
absolutely guilty. Was it then to be expected that I, who
believed the reverse, and was not his master, should, un-
asked, have volunteered such a statement.

Mr. Dowling, in his examination, was asked by the inspec-
tor of prisons. Did Dr. Buck say he believed Macsty to be
a religious man. His reply was yes ; he said be was, and
that he had lived with Mr. Archer the surgeon, who I also
understood thought very highly of him.
There surely gentlemen, on Mr. Archer's mind, must
have been some secret motive, of the most praiseworthy
kind, to induce him to deal thus leniently. He did not
think that two years of apparently sincere penitence, was to
be disregarded ; he therefore retained him in his service,
during three months, and eventually parted with him, at the
man's own request, on account of his ill health. He did
not think it just, after the lapse of so long a time, passed in
an honourable and honest course of conduct, in several
different situations, to expose his former weakness, to
blacken a character apparently reclaimed, and thereby cut
off the possibility of his ever again finding employment ;
perhaps also the consequences of the law of libel, might
have led him prudentially to keep back that, the knowledge
of which could do no good, could only lay bare a wound
which had been healing for years. If the man once guilty
of an offence however penitent he may become, is to be fol-
lowed through life, with the brand of felony so indelibly

marked, that all may know it ; then is the removal of the
punishment of death for robbery, an evil, rather than a good.
Tis doctrine acted on, would fill our streets with blood,
would render every habitation in the land the witness of
most dreadful horrors. Mr. Archer acted the part of a feel-
ing, an upright, and honourable man. He thought Macsty
a guilty man, but a penitent ; who had evinced his penitence
by a long course of good conduct,—he therefore withheld
the knowledge of former guilt. Your chaplain puts in his
claim to the same character ; for, he believing the man to
have been guilty in the eyes of man, but innocent in the
sight of God. did but feel it his duty as a minister of religion,
a minister of mercy, unasked, to proclaim infamy, which he
thought to have been urnigserved.
I proceed to state • the circumstances attending Mr.
---'s calling on me.‘ Mr. -- called at the prison,
and conversed with me, for perhaps three minutes, standing
between the gates, in extremely cold weather. I have had
said Mr. a good character as a servant, of Macsty,
from Mr. Archer, but as he has only been in his service three
or four months, and I understand froth him you have known
him much longer, will you do me the favour to state, whe-
ther you would yourself trust him, and how long he has been
under your observation. I told Mr. that I had
known Macstay intimately, as a clergyman, during two years
and a half ; that I believed him to be a sincere christian •,
and that I had, on more than one occasion, trusted him with
all my property, and that I had always found him strictly
honest ; that he had been with me during seven weeks, before
being engaged by Mr. Archer ; and that if I required a man-
servant for myself, I should have no hesitation in engaging
him. Mr. was satisfied, and at once settled with
. •

I beg to add, that although Mr. - called upon me at
the prison, spoke to me within the prison, and knew I was
its chaplain, he did in no sense whatever propose any ques-
tion as to Macstay becoming acquainted with me throuzh
intercourse at the gaol. If he had, my path of duty would
have been clear, however painful to my feelings. I certainly,
however, did not feel that I was called upon, in honour or in
honesty, to say more than I personally knew of his conduct;
much less could I feel that 1 was called upon to volunteer a
statement of guilt which I did not then, nor do I now, be-
lieve to have been true as against him. I speak, of course,
only concerning the first felony laid to his charge in 1836.
I might very properly terminate my reply to this charge
now ; but, as I am quite unwilling that it should again be
imputed to me that I have purposely omitted to answer any
portion of the voluminous evidence brought against me, I
think it right to say a few words on Mr. Dowling's testi-
mony. I beg, however, in any remarks I may make, to be
distinctly understwd, that I do not, when denying his
statement, impute,ln the most remote degree, wilful misre-
presentation to him ; he can have no hostile feeling against
me ; he may, however, have much of that desire to be effec-
tive, against an accused party, which is discernible in so
many of a police force. It will always appear suspicious,
when a witness can decidedly 'swear to particular words de-
trimental to an accused person, but is unable to swear to
equally remarkable circumstances when they may be thought
favourable to him. 'To suppose that any man, who has to
do with many hundreds of different cases within a single
month, should be able to swear certainly to particular words
uttered, in the midst of ali the hurry incident to the Ses-
sions-house at the time of trial, months ago, is absolutely
absurd. No degree of habit, no technicality of memory,
can insure certain results. To ruin, therefore, a man's cha-
racter on the testimony of one such unsupported testimony,
would be most unfair, most unjust.
I will examine the whole of this testimony with care, not
wilfully omitting an iota.
Youhave a great deal to do with police cases ?
Yes, with a great many cases.

Is it possible, considering the number of cases that occur
every day, you can remember the words that passed on the
occasion you have described ?

I should say it was, as nearly as possible ; for this reason
—it is a part of my duty to exert my memory in that way,
and keep things of this kind in it ; and therefore the recol-
lection of such matters becomes, as it were, mechanical with
me. .

Now, gentlemen, allow me to say, that a mechanical me-
mory is as likely to err as the machine for grinding loga-
rithms—just as likely to mislead, and to disappoint all fair
expectation. You know that many apparently successful
attempts have been made to impel carriages by steam, on
common roads; but when put to the proof, they have failed.
You know that Mr. Babbage made his machine perform
wonders, but that when it became the property of the coun-
try, and an attempt was made to test its powers, it was laid
aside. So a mechanical memory may happen to be very cor-
rect for a time, but be found eventually to err most egre-
giously.
This robbery of Macstay's was a striking robbery ?
Yes ; and all the circumstances coming so shortly one
upon another, fixed it impressively on my memory.
We have here, therefore, clearly a case in which Mr. Dow-
ling implies, that he can fall into no mistake : he has a full
remembrance of all the particulars ; he can commit no griev-

ous error.
Examined.
Macstay was convicted at the last sessions.
Cross-examine4:—
I now see that he must have been convicted at the last
sessions but one.
Here the memory is out of order, for the man was con-
victed in July.
Examined :
Were you aware that Macstay had been previously con-
victed?
Certainly not.
Cross-examined :
You were not aware that Macstay had been previously
convicted ?
NoMt.was not in my observation. The opportunity I
have of seeing prisoners is very short.
Here you will observe an utter failure in the machinery,
although all the former circumstances of I'lacstay's case
must have passed in review before Mr. Dowling as commis-
sioner of police.
Examined :
It struck me that Dr. Buck had acqui red his knowledge
of Macstay as chaplain, and I asked Mr. Batcheldor, and he
produced a calendar showing there had been two of that
name, and the individual Macstay had been previously sen-
tenced to six months' imprisonment.
The memory here failedin two points—first, that Macstay
had been sentenced many months before Dr. Buck's arrival
in Liverpool—secondly, only one John Macstay was in the
calendar, not two.
Observe, I beseech, how readily it occurred to the com-
missioner of police, to suppose that Dr. Bucli,gained
"Vico wiedge of Macstay, as chaplain of the prison—a suppo-
sition which, if true, must have militated greatly against him.
Examined :
Had he served his imprisonment in the Borough Ga of ?
Yes.
The record of conviction says no, but in Kirkdale ; but
remember, if the latter were true, Dr. Buck had committed
no offence as chaplain of the Borough Prison.
Examined :
Dr. Buck said he had recommended him, that he had been
his own servant, and upon his honour he did not know at the
time he recommended him that he had been in prison.
Now, this may have been said, because it was strictly true,
in reference to my recommendation of Macstay into Mr.
Archer's service, but I utterly deny any such language being
used in reference to Maestay's entering Mr. service.
It could not have been said, as Mr. Dowling's mechanical
memory leads him over and over again to state, in relation to
Mr. ---- —seeinz that I had (as Mr. Archer tells you on
oath) informed him of that fact the moment it came to my
knowledge, namely, ten months previously.
I will only observe on this point how easily a mistake on
this point might arise. I well remember that the sessions-
house was particularly full of persons. A defended case was
under enquiry. Many people were pressing at my back,
leaning almost upon me, as I was taking notes, when Mr.
Dowling made his way through the crowd, in the passage,
and arrested my attention from the notes I was taking to
himself. He was evidently hurried. He spoke as a hurried
man of Macstay's case, it being one of very great importance.
Nothing could-be more likely than that he should mistake an
answer, or I a question, interrupted as we were by the pre-
sence and pressure of others. I feel satisfied that no one
statement altogether unsupported by likelihood, or by con-
curring testimony, will he allowed, by impartial judges, to
have any weight as against me, after I have, as I fully know,
removellevery charge of moral evil attempted to be proved
against me.
But I proceed to consider other facts of the treachery of a
mechanical memory.
Examined :
M`Donald had said to him that Dr. Buck had been to
him to make enquiries respecting the former robbery, while
Maestay was under confinement for it.
Re-examined :
You state M`Donald said that Dr. Buck had called on
him while Macstay was in the prison ?
Yes.
It was in the Borough Gaol prison?
Yes, that was my impression.
Can you say when this enquiry was made by Dr. Buck of
Mr. M'Donald?
No. My impression is, as I have already stated, that it
was when Macstay was in prison.
Can you positively swear that M'Donald made use of the
words "during his imprisonment."
That was my impression, but I cannot swear to the exact
words.
Now, gentlemen, you well know that, notwithstanding the
excellent mechanism of Mr. Dowling's memory, he must be
necessarily in error in each of the above declarations, as at
the time referred to Dr. Buck had never seen Liverpool, and
had no connexion with the Liverpool Borough Prison, until
two years subsequent to the time in question. The man
also was confined in the Kirkdale House of Correction, not
in the Borough Prison ; and, therefore, Mr. Dowling must
have perfectly misunderstood, or forgotten—what he had
really been told—last July.
You have said you do not know which of the Messrs.
it was who spoke to you?
Yes, I do remember the person, but not the Christian
name.
Have you reason to believe Macstay was in Kirkdale or in
the Borough Gaol?
From information I have reason to believe he was in the
Borough Gaol.
You, gentleman, know from the record that he was in
Kirkdale.
ou state you saw me in the court ; was it a casual meet-
ing, or did I appear to be engaged ?
You were sitting on the bench, near the Recorder.
You, gentlemen, know that I never sit on the bench near
the Recorder, but in a distinct seat provided for my accom-
modation, apart from the Recorddr.
I have, I believe, replied to every line of Mr. Dowling's
testimony : I have not wilfully omitted the slightest portion
of it. Allow me to assure you most solemnly that I do not
impute to him wilful misrepresentation, for I believe him to
be a most excellent officer, as commissioner of police. My
remarks have been made to shew, and that by proofs which
cannot be gainsaid, how evidence intended to be most cor-
rectly given may vary from the real state of things; and, in
consequence, how utterly unjust it would be, in a case of
offence affecting, not criminal conduct, but the character
of a gentleman and a minister of religion, to act upon any
unsupported testimony. I believe from my soul that Mr.
Dowling would not willingly utter one word which he knew
to be in the slightest degree removed from truth : yet of
thirteen statements depending upon memory, we have seen
that in twelve there are assertions contrary to clear matter of
undisputed fact, and only one remaining which from its
very nature is incapable of positive disproof, although it is
clearly contrary to common sense, to common honesty, and
to evidence of a directly contrary tendency. My remarks,
in reply to this charge, have necessarily been very extended ;
you will, therefore, permit me to lay before you a summary
of the argument employed.
My religious acquaintance with Macstay commenced in
July, 1837, and continued without interruption until the
moment of his being imprisoned for crime in May, 1840. I
had reasons, from personal knowledge of him, and from the
opinions of others well able to, arrive at a correct judgment,
to suppose that he was a truly godly man. His conduct, as
it regards honesty, appeared to be good in various places
where he had obtained employment. I had also trusted him
in the fullest possible manner.
He was eventually, after a few months' servitude, through
the power of sudden and great temptation to which he was
k exposed through great negligence t
erougut to commit an
awful crime, which any man, who had not before consented
to evil, might have fallen into under similar circumstances.
In August, 1839, he was charged with crime, which his ac-
cuser could not prove ; but this accuser, from motives of
revenge, brought to light the fact, that in the year 1836 he
had been imprisoned for felony.
His then master, from the belief of his penitence, and
lengthened good conduct, retained him in a place of trust,
though he believed him to have formerly been guilty of the
crime for which he had suffered : and when, on leaving that

service, at his own suggestion, not from fault, but from ill
health, his master was called upon to .give him a character,
that he might obtain a new situation, that master stated that
he bad performed his duty well, and only declined to give him
a character for a longer period than the three or four months
he had known him, on the ground that Dr. Buck had know!'

him much longer, and could give a better answer ; in no
way, however, thinking it his duty to hint, that the man had

carte years preVAlruo., of
Dr. Buck, when, in consequence of this reference, he was
applied to, answered cypenly and honestly every question put
to him ; but sincerely doubting his former guilt, imitated
his late master, in not volunteering a statement which he
knew must assign pne whom he believed to be a worthy man,
to utter destruction. The man, to all human appearance,
committed the crime for which he is now justly suffering,
after an honest, upright, and diligent servitude of 5 months,
—simply under, the power of tremendous temptation, most
indiscreetly put in his way ; not from depraved habits, or
from any circumstances over which Dr. Buck could have
control.

a ccnvictec

To spew that Dr. Buck had not recommended the man by
virtue of his office as chaplain of the prison in which on a for-
mer occasion he had been confined, it has been proved that
his imprisonment was undergone in Kirkdale, two years be-
fore Dr. Buck had any connexion with the Liverpool Bo-
rough Gaol, and whilst he was, in fact, residing at a distance
of 200 miles from Liverpool. It has appeared also that the
moment he heard of an accusation against the person he had
recommended, he made search in the prison records, and gave
information to his master, that he might not remain in igno-
rance of so important a fact.
I have—not indeed with the tact an advocate might have
displayed—shewn you the many palpable errors meeting in
one piece of evidence, affecting not the case itself, but arising
out of it, and evidently adduced with the charitable hope of
proving me guilty of falsehood : the weakness of the attempt
—nay, its utter failure—l cannot doubt you will acknowledge.
Allow me, gentlemen, in concluding my reply to this chargo,
to say, I cannot envy that person his feelings, who has con -
cocted such an accusation against a minister of Christ : who
has thought it needful, after the charge had been broken
down, on the mere cross-examination, to insist on a reply.
It may be needful to investigate alleged evils, but it can never
be proper to press charges, merely to weigh down by oppres-
sion, an unoffending, an innocent man.
(To'be continued.)

ORDINATION AT RIPON.

The following gentlemen were ordained in Ripon Cathe-
dral on Sunday last, by the Lord Bishop of that diocese.

PRIESTS.
Thomas Atkinson, A. 8., Lincoln College, Oxford.
Alexander Bean, A. 8., Pembroke College, Oxford.
George Wm. Brameld, A. 8., Lincoln College, Oxford.
John Fearon, A. 8., Queen's College, Oxford.
Thomas George Graves, A. 8., Trinity College, Dublin.
John Lewis, A.M., Trinity College, Cambridge.
Wm. Layton Metcalf, A. 8., St: John's College, Cambridge.
John Heaton Micklethwait, A. 8., Trinity College, Cam-
bridge.
Sutcliffe Sowden, A. 8., Magdalen College, Cambridge.
Herbert Trimmer, Literate (by letters dimissory from the
Archbishop of York.

DEACONS.
Thomas Briarly Browne, A.8.,' Trinity College, Dublin.
Thomas Hervey, A. 8., Clare Hall, Cambridge.
Samuel Pagan, A. 8., St. John's College, Cambridge.
Benjamin Luke Poyntz,.A.B., Trinity College, Dublin.
Louis Alexander Beck, A. 8., Jesus College, Cambridge
(by letters dimissory from the Archbishop of York.)
Wm. Montgomery Beresford, A. 8., Trinity College, Dublin
(by letters dimissory from the Archbishop of Dublin.)
Alexander Leeper, A. 8., Trinity College, Dublin (by let-
ters dimissory from the Archbishop of Dublin.)
Henry Smith, A. 8., Trinity College, Dublin, (by letters
dimissory from the Archbishop of Dublin.)
Thomas Woodward, A. 8., Trinity College, Dublin (by
letters dimissory from the Bishop of Cashel.)

The new census will be taken on the Ist of July next. Pro-
vision is made for taking the number of persons who shall
sleep in every house on the night of Wednesday, the 30th of
June.

During the past year the Wesleyan Methodists have
erected no fewer than 130 chapels, at a cost of £BO,OOO,
being a larger number than in any other year during their
existence as a body.

Sir Woodbine Parish and Major Chartres, the commis-
sioners appointed by the British government to conduct the
claims of the British merchants engaged in the Neapolitan
sulphur trade, for indemnity under the treaty, have arrived
in Naples.

RAILROADS IN IRELAND.—An address has been pre-
sented to the Lord Mayor of Dublin, requesting his lordship
to convene a meeting to take the subject of railroads into
consideration. The present project for constructing railroads
is upon a most comprehensive scale, and contemplates the
expenses being borne in the first instance by the govern-
ment.

A cabinet council was held on Tuesday afternoon at the
foreign office. The ministers present, were, Viscount. Me-
lbourne, the Lord Chancellor, Marquis of Lansdowne, Earl
of Clarendon, Marquis of Normanby, Viscount Palmerston,
Lord John Russell, the Chancellor of the Exchequer, Earl
of Minto, Viscount Duncannon, the Right Hon. H. Labou-
chere, Lord Morpeth, and the Right Hon. T. B. Macauley.

RUGBY.—The thaw on Saturday and Sunday has caused
the banks of the river Avon, near Rugby, to be so overflowed,
that the turnpike road adjoining was flooded to such a depth
as to reach the body of the mail-cart, on its way from Rugby
to Lutterworth, on Monday morning, and it was with con •
siderable difficulty and danger, in consequence of the strength
of the current, that the driver could get the horse through.

RESIGNATION OF MR. JUSTICE LITTLEDALE.—It is con-
fidently stated in Westminster Hall, that Mr. Justice Little-
dale sent'in his formal resignation on Friday last, and that
his lordship retires from the bench immediately after the
present term. Rumour gives the vacant seat on the bench
to the Solicitor-general, and names Mr. Dundas, Queen's
counsel, as the learned solicitor's successor. • We believe,
however, on this point nothing has been decided.—London
Standard.

HARE HUNTING EXTRAORDINARY.-011 Sunday last, a
hare having domesticated itself among some straw, near the
farm stable of Aquhorties, where she was aroused, in the
afternoon, by the_grtintiog,of some .pigs that were prowling
about the premises, seeing herself surrounded by carnivorous
quadrupeds, she deemed it prudent to shift quarters : but, in
attempting this, one of the pigs seized her by a hind leg,
while its companions attacked her on every side, and speedily
devoured her !—Aberdeen Herald.

THE RUMOUR OF YESTERDAY.--We have heard a report,
which we blush to record, still proof, abundant and satisfac-
tory proof, we fear, exists : it is a story that will involve the
best and noblest in sorrow, in sackcloth, and in ashes. The
evidence is, alas ! complete to moral conviction, though it
may not pass the ordeal of a court of law. Two soldiers—
the one a culprit, the other an evidence—have for two years
hush-money. A brawl superinduced crimination and re-
crimination—the secret they had both kept was divulged—
and the name of an M.P. spread abroad as a principal in the
contamination. Fo; the present we forbear saying more.—
Era.

REPRESENTATION OF EAST SURREY.—The death of Cap-
tain Alsager has made a stir in this county. We learn, from
an authentic source, that altluktgh the whigs are on the qui
vine in behalf of the Hon. Locke King, (who was defeated
before on the same ground, and is, moreover, an unpopular
man,) their candidate has no chance. A conservative alone
can stand for East Surrey with any prospect of success. Se-
veral gentlemen have been named ; amongst them Arthur
Kitts Barclay, Esq., of Norbeton, and Newman Smith, Esq ,
of Croydon Lodge; but we perceive, by an advertisement in
our columns of to-day, that Mr. Antrobus, the son of Sir
Edmund Antrobus, Bart., has offered himself as a candidate.

—Morning Herald.
FLOOD IN THE SEVERN.—In consequence of the rapid
thaw which began on Saturday last, added to a subsequent
fall of rain, the river Severn rose on Monday, in a very short
time, to an almost unusual height. The suburbs of Frank-
well, Coleham, and Abbey Foregate have been inundated by
the water, as well as most of the houses in the lower part of
the town—a circumstance that will cause much inconveni-
ence to many of the humbler classes from the damp state in
which their dwellings must for some time remain. Fortu-
nately many of them have received a timely supply of coal
from the subscription now in progress for the relief of the
poor. The flood, we are happy to state, is fast subsiding,
and no particular damage has been sustained in the vicinity
of the town.—Salopian Journal.
HIGHWAY ROBBERY, WITH VIOLENCE, NEAR WIGAN,
DESPERATE CONFLICTS, AND FINAL CAPTURE OF ?HE
ROBBER.-A highway robbery, accompanied with consi-
derable violence, was committed in the neighbourhood of
Wigan, during the night of Thursday last. Mr. Coupe,
bleacher, of Haigh, after spending the evening with a few
friends, at the house of Mr. Ogden, publican, in Scholes,
quitted that house between twelve and one o'clock, to pro-
ceed to his own residence at Haigh, distant about two miles.
Mr. Coupe, though somewhat under the influence of liquor,
was by no means deprived of his faculties of observation or
recollection. While pursuing his way up Roger-lane. which
is situated between a public-house called the " Von Blucher"
and his own residence, a man suddenly rushed upon him,
and instantly knocked him down, but by what means he
could not tell. The man then fell upon him with great force,
and proceeded to rifle his pockets, which, however, contained
only a few pence. Mr. Coupe, on recovering from the stun-
ning effect of the blow which had felled him, resisted the
robber, and a desperate struggle ensued, which lasted for
some time; but at length Mr. Coupe was overpowered, and
completely deprived of sensibility by his murderous antago-
nist kicking him in the most savage manner repeatedly on
the head and face. On recovering from the state of insen-
sibility, induced by these brutal injuries, Mr. Coupe was
discovered by a man well known in the neighbourhood under
the cognomen of " Sam ;" who, knowing Mr. Coupe, con-
ducted him to the " Von Blucher," that being the nearest
house. Here Mr. Coupe discovered that his neck and face
were covered, and his shirt and clothes saturated with blood;
of which he must have lost a considerable quantity. As his
hat had been knocked off, and lost in the struggle with the
highwayman, Mr. Coupe requested Sam to go back to the
spot and search for it. Shortly afterwards, while Sam was
absent, a knock was heard at the door ; and this, not being
attended to, was repeated ; on which Mr. Coupe desired a
lad, the only individual left up in charge of the house to open
the door, supposing that Sam had returned. On the door
being opened, a man entered, taking off his hat, and deposit-
ing it somewhere in the lobby, while he went forward to the
fire where Mr. Coupe was seated. One glance at the in-
truder was sufficient to assure Mr. Coupe that he again
saw before him the villain with whom he had but a few
minutes previously been engaged in deadly conflict. With
the natural feelings which such a recognition might be
expected to awaken, Mr. Coupe sprung upon the fellow ;
and, notwithstanding he was again assailed with severe blows
and kicks, inflicting additional wounds, he succeeded in keep-
ing his hold of the ruffian, until some of the inmates of the
house, roused from their slumbers by the noise of the con-
flict, came to his aid, and the man was secured. The hat
was then brought from the lobby, and proved to be that of
Mr. Coupe, the lining having been torn out of it subsequent
to the highway robbery. The prisoner threw a handkerchief
into the fire which he had had wrapped round his body ; but
this was snatched from the fire before it was materially da-
maged, and was identified by Mr. Coupe as his own. A po-
liceman was then sent for, into whose charge the prisoner
was delivered, and by whom he was recognised as a fellow of
bad character, a native of Wigan, named James Bolton.
Though apparently not more than twenty-one years of age,
he is said to be old in crime, having repeatedly been in cus-
tody, and not only summarily convicted before the magistrates
of various petty offences, but also indicted at the sessions for
more serious felonies. Indeed, no longer ago than the last
Wigan Borough Sessions, his father and he were placed at
e bar together, indicted for felony; the father was found
guilty, and he is now undergoing his sentence of three
months' imprisonment. The young man was then acquitted
in consequence of the evidence not being sufficient legally to
warrant his conviction. Some seven or eight years ago, he
is said to have received sentence of transportation for life ;
but that sentence, in consequence of his youth, was subse-
quently commuted for one of " twelve months' imprison-
ment.' ,On Monday last, the prisoner was brought up be-
fore the sitting magistrates at Wigan, John Lord, Esq., the
mayor, and D. WlCeillie, Es, when the facts we have
stated were given in evidence. During the examination, the
prisoner exhibited the utmost indifference ; his demeanour
throughout being extremely insolent, callous, and offensive.
The magistrates, after hearing the whole of the evidence,
committed the prisoner for trial on the charge of highway
robbery. We are glad to hear, that Mr. Coupe is in a satis-
factory state of progress towards recovery from the effects of
the injuries he received in his double conflict with the pri-
soner.—Mancheater Guardian.

DEATH OF A CHILD FROM AN OVER DOSE OF
A MIXTURE CONTAINING BELLADONA.

An inquest was held on Tuesday last, and, by adjournment
yesterday, before P. F. Curry, Esq., touching the death of
m, _

case, coupled with the recollection of the recent fatalities
amongst children from the administration of potent drugs,

excited very considerable interest, and a considerable number
of professional gentlemen were present at the inquest. The
case, however, differed materially from those we have re-
cently, had occasion to notice, inasmuch as the medicine
given to the child was made up by the druggist in accordance
with the prescription of a regular medical practioner, Mr.
Bainbrigge, surgeon. As the evidence tends to show the
danger of administering antimonial wine that has not been
recently prepared, and that, too, with distilled water, in place
of sherry wine, as directed in the modern pharma-copceia,
as well as of belladona, we give the principal part of the
evidence. •

Elizabeth Arnold said that she and her husband lived in
Robinson's-Place, Lower Grafton-street. The deceased was
their son. Mr. Bainbrigge, surgeon, who attended a female
in the house, was consulted on Wednesday last, as to the de-
ceased, who had the hooping-cough. He wrote a prescrip-
tion, and gave directions that half a teaspoonful of the anti-
monial wine, which was to be given every 20 minutes until he
was sick, and a teaspoonful of the other part of the prescription
every six hours. She took the prescription to a druggists oppo-
site St. James' church, and next morning sent a woman for the
medicine, who brought it in two bottles, each of which were
labelled; the larger, " Balderston, chemist, No. 1, Mill-
street : a teaspoonful every sixth hour;" and the smaller,
" J. Lowther, chemist and druggist, 1, Mill-street, opposite
St. James's Church : antimonial wine." On Friday morning
she gave the deceased two doses of the antimonial wine, as
directed ; and about ten the same night, a teaspoonful of the
,dark mixture. The deceased commenced screaming imme-
diately after ; lie continued screaming until about five o'clock
in the morning, when he was seized with a dreadful fit, and
one fit succeeding another until eight o'clock, when he died.
The deceased had previously been quite well, excepting having
the hooping cough. He screamed out immediately after the
dark mixture was put into his mouth. She afterwards went
to Mr. Balderston, and told him that the child was dead ;
and in reply to her question, whether it was the proper me-
dicine, he said, it was all right.
William Henry Bainbrigge, surgeon, said, he was one of
the surgeons to the Ladies' Charity, and was attending a
female at the house of the deceased's parents, when he was
requested to prescribe for him, he then having the hooping
cough. He recommended antimonial wine and a mixture he
had generally added for hooping cough. (He stated the dose
of each, and the times at which each was to be given.) The
prescription produced was his, and it contained carbonate of
soda, one scruple ; extract of belladona, six grains ; ipecacu-
hana wine, one drachm ; six drachms of mucilage ; and
barley water, one ounce; and which prescription he had
always found to have a good effect for the hooping cough.
Antimonial wine is generally made from sherry wine and
antimony. This medicine is sometimes made with common
pump water and spirit, and when so made, the emetic tartar
becomes decomposed, and is liable to become highly injurious
when given to infants in such a state, as the least speck of oxide
of antimony adhering to the coat of the stomach would produce
death to so young a child. On a post mortem examination
of the deceased, he found three distinct patches of circum-
scribed inflammation on the inner coat of the stomach. The
remaining part of the stomach was apparently in a healthy
state. He had no doubt that inflammation of the stomach
was the cause of death. The pupils of the eyes were con-
tracted ; the white part of the eye was in a natural state. He
was satisfied that the patches of inflammation were not pro-
duced by any narcotic poison. Antimonial wine, decomposed
in the way stated, might have done so ; and the specimen
produced does not appear jn a pure state, and has not been
made in the present form recommended by chemists. He
considered a teaspoonful of the dark mixture to be a common
dose; but in spasmodic affections it would be better to com-
mence with a smaller quantity.
The inquest was then adjourned to yesterday.
Mr. P. Wright appeared for Mr. Balderston, and ably con-
ducted the case so far as it related to that gentleman, or to
Mr. Henderson, the young man who is his assistant, and who
made up the articles according to the prescription. Mr. Bain-
brigge, Mr. Harbord, surgeons, and Several other professional
gentlemen were also present, and made some remarks in the
course of the inquiry ; but, as their observations did not bear
upon the cause of the deceased's death, they were not taken
down in evidence.

Richard Hargrave Brett, Professor of Chemistry, and
member of the College of Surgeons. I have made a careful
analysis of the two bottles which were handed to me at the
adjourned inquest One contained about a fluid ounce of a
dark-coloured mixture : the other about two fluid drachms
of a colourless mixture. The dark fluid I evaporated to dry-
ness. The substance that remained I examined, for the pur-
pose of ascertaining if it contained any mineral poison. I
first satisfied myself that it was free from arsenic, or any
mineral poison. The remainder was then burnt to destroy
and drive off the votatile portions. What remained proved
to be, by chemical analysis, carbonate of soda, phosphate of
lime, traces of oxyde of iron, with alkalis, chlorides, and sul-
phates, and I was unable to detect any mineral substance
commonly classed under the name of mineral poisons. The
bottle containing the colourless mixture contained about two
fluid drachms. The result by analysis led me to conclude,
that it contained tartar-emetic, oxyde of antimony, and a
small quantity of oraanic matter, in all probability resulting
from the decomposition of a portion of the tartar-emetic from
long keeping. Ido not think that in this state the last men-
tioned would be more injurious than the tartar-emetic itself.
From the experiments made during the analyzation, I should
say that the preparation was not made from common pump
water. The medicine called antimonial wine is now made from
tartar• emetic and sherry wine, and even if so made, is more
liable to decomposition than if made from mere spirit and
water. If a small quantity of the oxyde of antimony were for
a length of time in contact with the inner coats of the stomach,
it might produce inflammation such as described.
By Mr. 13ainbrigge.—A few hours would be sufficient.
This might happen without the antimonial wine being im-
properly made by the druggist. I consider that pure narcotic
could not produce such inflammation as would cause the
death of the child ; but belladona is not a pure but an acrid
narcotic. I have examined the prescription, and I would not
myself prescribe so large a dose of belladona, from my know-
ledge, and recorded experience of its effects upon the system.
I think it possible that belladona might produce such detached
patches of inflammation on the stomach as those described. I
never have myself prescribed it.
Mr. Thomas Henderson said—l am assistant at the shop of
Mr. Balderton, Mill-street, and have served nearly four years
of my apprenticeship, but not to Mr. Balderton. I remem-
ber two females bringing the prescription now produced, and
which I made up of the quantities and of the materials therein
mentioned.

The coroner then summed up the evidence with great per-
spicuity ; and the jury in a few minutes returned a verdict of
chance medley.