Eastern times. [volume] (Bath, Me.) 1846-1857, 1850-10-10

would have known better.-he said it was weak
said that the vial was half full and that she
could Judge how much had been given her
the vial had been nearly emptied Mrs. Sleep
er was about 26 years of age her husband was
then absent at seattle laudanum was strong
enough that any body could have detected it
by removing the stopple. She was at my house
the Friday before her death, walked there, and
appeared pretty strong
Cross r'd-She repeatedly walked out, the
week previous to her death.
JOHN EMERY-Alrs. Sleeper was my daughter
about week after the death of my daugh-
ter a man called at my house and introduced
himself to me by stating that he was the unfor-
tunate man that had been the means of prodUc
ing my daughters death, and then went on to
explain to me how he came to make the mis-
take Of giving laudanum for lobelia; said that
when he removed from the West, his wife had
put into his medicine chest vial of laudanam
unbcknown to him.
| Cross Examination declined.
| DR.. DANIEL X KENSEpY-have been in
practice about "a years consider it dangerous
to administer medicines without testing them ;
should think there would be difficulty in
determining between laudanum and lobelia by
the looks heard DIR. Frye's description of Mrs.
Sleeper's state Of health, should think that 4
tea spoonsfull of laudanum, which We call a
half ounce, would produce death.
Cross Ex'd-Dont know the PARTIES
saw the deccased-am not able to say what
would be proper treatment for patient from
the description of the deceased's sickness, that
l have heard don't use lobclia much in my
practice tincture of laudanum is the article
generally used the decoction is an arti-
Gle which we prepare ourselves, by sleeping
opium with dilution of alcohol two walls
were presented to the DR. one of lobela and
one of laudanum, but he was unable to deter
mine their nature by merely looking at them.
JOHN PoRrER-I publish the Lime Rock Ga
zette-published an advertisement for DIR.
Cotfran, (Which he produced and read to the
ljury) to the effect that the Dr. offered his SER
vices as Botanical Physician, stating that he
was graduate of medical college.
! The Attorney General stated to the court
that he stopped here. for the present.
/ Mr.. Foster opened the defence by relating
the facts that they expected to prove stating
that the deceased inherited that fell disease,
consumption, of which brothers and sisters
had fallen victims. As appeared in evidence
! l. 1. ,
having been advised 10 try the botanical sys-
TEN, Dr. Coffran was called. DR.. C. had but
recently moved to Rockand and having pre-
ceded his family by several weeks, he gave d.
rections to his wife to supervise the packing of
his household furniture &c., and she placed
this vial of laudanum into an apartment of the
medicine chest in place of an empty vial-ihus
briefly was the explanation of the unfortunate
affair. Mr.. F. then stated that they expected to
prove that this occurrence was simply what is
termed in law, homicide by miSadrenture, and
cited the authorities to be relied upon-quot-
ing Blackstone. Russell on Crimes, and reading
from Coke's Institutes and numerous opinions
of the court.
menced between the court and the Attorney
General, in which the court quite freely ex
pressed the opinion that the evidence did
not disclose circumstances to which degree
of criminality could attach sufficient, in his
opinion to render the defendant liable to the
! charge of manslaughter. 1t was but an acct
dent, further observed the COURT and dis
tinction should be made, he thought, between
the case of a physician who makes a mistake
by administering an article that is not com
monty used in his practice and which is in his
possession only by mistake, and that of phys
ician who administers medicine ncgligently I'M
der other circumstances--and reiterating his
opinion that the evidence was insufficient to
warrant a further prosecution on the part of
the government, by his recommendation a
noHe prose7ai was thereupon entered, and the
defendant discharged from further recognizance.