Summer Assizes.
The Times, 1824-08-21T00:00:00

,;,, OF Lo. . x ne- Irli?l ofblr" WM= Loil?Ai uadn.tl o r ila oePh HoRdgson~ fbr.nannstering b dedyPOISMn to his wife with intent tormnurder her, a be mOluY laslt for thi-s dave. As this nasa'-has exited grtt Inta,: In roost of the nortber; psires of Englund, and yardicaLa,13inthiS count' iti o t all surpriiing that a great nlumber of sholethav ben atratedto Durham frons the ne ghbourlnirtws in hehoesofherig it. At avery early hour in tbe mmigtwns diviual wer aditted into the court through 'thTe gaoler's house, to he rea inigation of numbers of ivell-dressedt People, 'wIs wereassmble onthe outside ofl it. At eighto'clock- the' benc~nd the ox djoiingto it, were filled vvithi respectable females, and shorly ftewars te seats uppro~riated to barristers and attoroiC& wer al ocuied toue'h not a single harrster was ini court, and sc,c?ya attornie's, Every stratagem was us-ed by the persons Wht> were out o couirt to get into it, end one of them proved partially sac. cessful. A yitingir applien at the gates of the court-house for Per- missioin toetr withi them in Ordcr tbatghe rmighit deposit the wigs oft two barristezs in thesafecrsstodvyerromeold woman, to wbomn suchi wigs are generally iitrLusEd, TIhe persons intrusted with tb,, of te dor, uspcted some guile and refused to opeen it. TSer womnan, bowever,. Dot dreamring that any cunning could lurk under two such wpcabeNigs, sadtat she had no Objection to admait the wigs through the window. The little girl iii consequenc ap_ proached it ; but no sooner wan, it opened to her, then twvo Sons of Belial, who had been watching for the opportunity, leaped in through it, and after pushing the old woman aside, proceeded with all speed to thec court-room. Their activity deserved a better thaie than that which befel it for just at the rn'omfnt whben they, were exulting in their " pride of place," a bailiff cmie ziP to them, and after some angry altercation made them quit the court wi-th almost as much rapidity as they had entered it. Another open window also aidmitt ed into the court " a host of fierce barbarians from the hills" of this county. These gentry tookj,ossess;inn of thie Judge's seat and absolutely left no room on it for his Lordship. Thev entered withi such impetuosity, that the first comners were lierK toread out of court by those wYho followed them. Th bii ~r a short time were 6bliged to yield to the strengt Of this current; but hav- ing at length-tistsered in some force, they cotritved, niot only to stem., it, but -to force it back in the very direction in which i:h'ai origi- nally buirst in upcon themi. When the attemipt wlas first made to. turo thiese intruders fromi thec bench, they tried to muake asettlement in the quarters reserved for the bar; but those who enjoyed the usufruct of those sears re-fused to give it up to thiose who hiad no. more right to it than themnselves, and absplutelv resisted by forcee the menaced invasion. An ejectmerit was, however, served uponthese individuals also, as soon as the gentlemen of the bar entered the court, which they did at an early hour in; great numbe.rs; and those whio had congratulated themselves that the), lad by their exe-rtions obtained snug quarters for the daLy, foutnd themselves wofufly dis-. appointed in the very midst of. their gtnitulatcion6. Sorry are we to say ttitat the reporters were amongst the Lumber of persons thuts un,fortuxntely roted from their seats. At a fw minutes before nine o'clock the 4Joutr -bouse wvas opened to the public, and the rush into every part of the court which remnained unoccupied w?as quite terrific. Every corner was imnmediately filled, sod in a mnoment there was"1 no roomn for seanders, miscalled standing.r' The clerk of the crown was proceeding to empanel a jury, wits he found it reqitisite to order a passasge to be cleared to the jury:-1411x, in o:der to give the jurymern a 1ossibiliry of approaching it. At 9 o'clockAir. JusticelBayleytrook his seat upon the bench. The cla.. moor was as that momnent very great., and clid not subside for somne time. In the midst of it, two womnen in the gallery fainted. An- efflort was made to get them out, hut in vain. Th'e struggle occa-. sioned by it attracted the attenition of Alr. Justice Baylev, who iin. mediatety ordered a passaFc to be cleared for them. Not a coul mioved ;'the ordlerwa again repeated, and then at last, after diffl-. 'cultv, the women were removed rorn the court. The nois,e still cont.inuing, Mlr. Justic-e Bayley ordered all the men to go out of the gallery,and th reatened to fin e every person who did not comply witEh thlat order. Not an individualn:moved, Ifethen addreesed the Go- vernor 0t the prison, and desired hito to clear the Fallery until no. [10ore than -a proper number of persons remained mn it. The Go- vernor in consequence went up stairs with a posse of constables, and turned out a considerable number of spectators. The last person ejected was a woman, who, as shec was qu ittinig the court, often turnedI backc, and seemed loth to depart." Indeed, she struggled as- mnuch for hier right to hiear upon this occasion as on any ot,her site would struggle for her right to speak. Silence having been partially obtained by these vigorous measures, the prisoner Hodgson was placed at the bar, thtenaaies of the jurors were repeated, and tlte in.. dictment, to which he had before pleaded, was read over to him. Just as the trial c-ommenced, Mlr. Justice BAILEY- desired the propet off rcer ta keep the psas- sage to the witness-box open. There were at that mornent mtore persons in it thw4 there ought to be. If it were not cleared immt.. diately, he should feel bound to fine the officer. Mr. AtDERso-x then opened the indictment. Alr BRowevHAc,rstated the case tib the jury; and, after derailing the leading facts of it, as he afterwards proved thiem in evidence, said that he tshould proceed forthwith to call his witnesses. Previously to the witnesses for the prosecution being examined, the High Sheriff addressed Mlr. Wolfe, and told. him to take out twenty men at least whio stood at the doorS 7of the court and oh.. sEtnicred the entrance of any air into it. Mir. Justice. BAY LEY.-TIse people are absolutely wvaving before nite; whienever that is thec case, the zround mnust 'De cleared. The first witness called was Mrs. Charlotte Hiodgson. On her en- tering the court, Air. ALenatso~x addre,sel the- Judge, and asked hi. Lodl t lo ert eeamined as shie sat in the chair. Mr. Justice BAYLEYv immnediately assented. The prisoner's wife was thten broughit in an easy chair and placed on the table of the coturt. Her lips' were very muchi swollen ; her countenance was very pallid, and- she appeared to be totally de- prived of the use of her lower extremiities: her feet were wrapped in bandages, and her whole form ex,hibited thle marks of great debility. Ar her entranc-e the prisoner cried bitterlY, Ihid his face in his hards, turned llisa head another way, and finally covered up his features itn liis handkerchief. His wife and he smdtiouslrIbstained from look.- ingat achoiler urig te woletie she wams giving her evidence. On er etiingfro cort,he eganedhis composure, and listened withgret atenionto he vidnceoffred against hiim, often mak- ing otesuponit n a aperwhic heheld in Itis hiandl. Mr. engaox tea eamind te prosecutrix. She Paid--I sin rhoe wife of' Cite prisoner at the bar, andI was married in) January, 1823.I 1have otic child. Previou.~ to r o nitTyiae e'enn was tnadte of i-n y propert y. I1 executed it. riae etlmn AIr. Juistice 'BAY LFY'.You can pi-evertitat afterwards by the subscribing witnesses. previously to the 11th of Julyt last I lhad been ill for about a fort- night ; I was attended by Dr.'Brown as toiy miedical adviser. Pre- vinue, to the nighit in question, for several nighits I hatd been taking boluses prescribed by Dr. Brown. Aly husband had a Young man of the namie of' Finlay. and anothier of the namne of ~lasc'n, whbo lived withhbust as his apprentices. I retuteimber t1oy ii h-band brin- ing me up a boluts that itiglit, betweeni 10 and l Mo'clock; lie tl me I was, to take it ; I cannot remember hiP words, fie told mci there was eithier hialf a grain less or half' a graiin more of opiumi in it thtan before, lie told mic sot I did not ask hiim. I had uhesiteul of toyi huisband thataL -, alteration should be made in the quantity of thle, opium. After he first broLught itu lt e. I did not like to take tc w ise t to bet made iiwn ipintlls.Hebroughti the boIus twice into tlie room. I desiredhiire to go down stairs and put more opiunt in ii. I cannot recollect whiat he s,aid whien he brouglit it tip the second tinte. It was after that I de- sired hiint to miake it into thiree pill,-. He niade it into pills in the room ; after lie niale it ino hree p1s, took their,, one after an- other. Ay husband gav me the irst pill. Whe-n I took it, I fouzid a heat in my stomiachi and irin ty troat. I had not felt that when I cook the bolitses on the two precedinig nights. Whien I felt the hteat. I told mi-y htusbanti of' it and he replied I sHlould soon be bet-- "rcr After that, I took thie other iwo. lily hu4band gave me them ; they produced the stame efi~ct as Lthe other. I had a hee'Ling of' sick. ness soon afterwards. I don't recollect whethier anything was said to toie by nsy husband atbout that sickness. ily hUsband brought me a draught after I took the pills, which I believe i took irmntidiatele after. It was af'ter I took the draught thast I felt sick. Lily mother hiad been with m-e that evening, but hiad gone hoame. I desired my niotlher to be seiat for in his presence. lie said - it would be, a Pitv to distutb'leer, as I should he better soon." My mnother came soon afterwardsi, and in the course of the evening Dr. Brrown and the other surgeon. Cross-examinted by Air. WIt.t.LsIAMS.-Aly3 child was a boy, anti was born a little before Uitristntas; it is Iltving. Ili ad my healths well before my tunarriage; but I was not so wel1 after my confine- ment. I have never recovered entirely fromi that. lily huliband had sent f,Sr another medical man. Mlr. Swanin, before he either sent for I)r. Brown or Air. Gregory. That was abouit a month before the tith of June, or Icss. Thai was toY husband's own doing. He conitiiued to attend I-nc till Dr. Browyn came, and occa-sionally after; uiy liusband waLs tolerably attentive to nie whien I was unwell,Ilie continued to be so. H-e was remarkably fond of' the child. (Here thie prisoner, who hid hiis fare in his handkerchief, and wept bitterly during the whole of' the witness's examination, gave a loud sob> He was indeed a kind hilsband to me. (Here the prisolner wept.) By Aler. Justice BAYLEY.-I originally desired D)r. Browvn to tet- tenid me, and myin husband made no objection wtoit. Before my mo- ther camse I sent. for lier; my husband heard me send for her, andl did not prevent it. Al y uiother- camue within an hbotrurfter I had taken the medicinie. She lives within half'a mile. Mly husband made no other objection to mny sending for my mother, but that it would be a pity to disturb he~r. Dr. Brown -was sent for by amy de- sire, after my mnother came and mny husbtoLWd made no olijectiotn to thiat. Mly husband genemaily gave' me thy medicittc hin,se-lf if lie was in the ro-om. I fal observed for six MOnths before thai mny husband was deranged in his mind. He occasionally showed symp- toms of beinig deranged. I forrAed that opinion from his irregular conduct in the liouse. That conductwas his going about the hoci"r with fewer clothes on. himi than he ougt t ae.H i to in j day-time. MIrs. flodgson was then carried out of court. Mr. Robert Wilson, solicitor, Sunderland, r.roved the executioln of the marriage siettlement by the parties. Orfis Cross-examiined.-I prepared the settlement. The prisoerfis proposed to settle 1,0001. on his wife, but on 1,20011 being proposed, he agreed to it. The zsettlement was put in and read. It secur-ed 1,2001. to Alrs. Hodgson for her life; and after lier deathi, if she liael a child, it was to revert to the rsnr Mlatthew Finlay, examined bv MI r. BotuGE GAs.-I shall be 14 next Alarch. I was apprentice with Mr. Hedgson last June. Ha. milton Alasorn vwas also with him but no one else. Sonetimnes I used to sleep in the shop, and soetimtnes Hamilton. The one who did not sleep in the shop slept at bome with his father. I recollect mixing boluses for Mrs. Hodgson in June, by Mr. Hodg%on's direc. dons. Otte bolus was made of six grains of calomel, and four or opium. The next was sixgrains of calomel, and only threeof opitui i and the one on Sundav night was made of eight grains of caelonel and one-half a grain of opium ; tbat was the last bolus I made, a2d the others on the Fridsy and the Saturday. I mixed the last on Sunday myself. I had at that tirme been with my toaster a little more than a year and a half. I took the calomel out of the sarne bottle I had taken it. out of on the Saturday and the FBiday, and the opium out of the same bottle too. I put nothing else in the bolus, except the calomel and opium, and a little con-. serve out of the same jar on the Friday and SaturdaY- I meade that bolus about foar o'lock iri the afternoon. I mlade it on the sante stone as the others After I mnade it, I wrapped' it up in a paper, and lasid it on the shlf below where tee opium was. I took it up stairs about ninte o'lock. In the interval between makiung it end carrying i-t Up stai, I haad been part of the time iza the shop. I took it up stairs; it had the samne appeTastie as wheti I left it, though I did ntot look in the inside; the liaper wasthe sarne. Whrben I took it up stair*s, 1 laid it on die Pt*s in the kitchen. and was coming our, when I sa Mrs. in Airs. Hodgsoz roomm, and I went into the kirien again; ;nd; took the bolosoat aud gave it to.1Iis. Allison. I then went down stairs into the bsiOp. Mr. Hodgson was not there when I but I saw him miortly ailer. He did noz tell me to do anyWig, 3ae wenut _P stirs after I saw him, antd I stalYed in the shop. Hie ,Cairseaown3 Stairs, afteewardatsui. atold, mae that I wast oo2m oleE that Risit ; that was4about lo.o'ocld. lic said tha go was to go' home, because the'two terVants, ees mu h rt Idca ith the'1itdk boy in one bed, that one of tbem shoald sleep down in the sh10p,. thegerva'ntonever slept there before. 1 wcnt homne,and slcpt there that night. UrOdsaexarrin,ed by Mi-. P0LLOr-E.... slept at Lome for a wveek Or ten dayi before. The servant did nlot sepintehoasse was in1 attendance duriig the whole night. Itr.Uljodgsonabare god delo .Aiesamongst the poor people, and had also patients of a better descrlption. I recollect two bottles that stood in t he shop; One of them had powder of opiuim in it, and the other had corrosive sublimate in it. They stood uponl a shielf; there were drawers in the, tnidldle, and shelves on each side. These two bottles stood to- gether; they were both about the same size. They we:re glasus bot- tles "ith tin stoppers. They did not stanid apart from other bottles; but there wias a jar in the middIle, andI thiree bottles on each side of it On the other sido where thep~wder of opiumanid corros.ive sub- limate were, another bottle contained sugar of lead. I had been ae- 'CuAtomed to compound medicines from abeut twa monith after I went, and sometimes Hamnilton compounded thern. [ never mix- 'ed OPIuIM and corrosive sublimate together, but I ami not quitee sure that I nevez mlixed opiaun and siugar of lead. Corrosive etibismate is Somretimnes wanted for a particular sort of medicine. Calomel. is the submnuriate of mercury. Corrosive sublimate is the oxysnurate of mercury. Dt'ring the time that I have been in lMT. Rodgson's service, as a medical mnarn he has always been ia remarkably humane man, and mniddlin -ly kind and attentive to his patients. He came in with a horse on the Sunday atermoon ; he bad a good deal of riding about, for the purpose of Visiting his Pa- tients I don't know that he had been up early that morning to at- tend a woman in labour ; I don't knoiw tphat he hadt to attend Mrs. Crosby WaLlker that morning. She wvas confined about thiat tinme; I rather thilnk it was that day, hut I am not snte. I don't know that Mlr. liodgson dined at lhome that dayv; I dined at home myself that day about twelve o'clock. I saw Mr. Hodigson about one or two,l ana at five, and then again at ten at night. I got the horse for him at tw," ant he went out, and caLme back again at five. -Re-examined....I don't remember on any particular gccaion hav- ing eve? before slept out of the slhop, except when Hamilton MVason slept there. Wbhen any body wanted Alr. Hod,son in the night they ki.ocked at the front door. I have known bothi Hamilton andi my- self sleep out of the hiouse, but I am not quite sure that that was when he lid a third a irentice I never -recollect the maid-servant sleeping there before. Powder of opium is of a dlark brown colour, sugar of lead is white, and corrosive sublimate a pale whiite. Thle bottles are of whiite glass. The corrosive sublimate was in ceystals9, and not iii powder. 33v MNr. Justice BAY LEY.-iVOen I said lie was middling kind to b2s patients, I meant he sometimies neglected to attenkd them, hut not very often ; although more of late than formerly. I had not'O'b- served juty change in his behav-iour lately from what it used to be; but sometimes he was in liquor. He did not seemtwobe inliquor that Suniday afternoon, nor when hie came liz at night. Mr8.ElizbethAllion, he other of the prosecutrixc, examnrined. -I hd ben atendig upo mydauighter when this affatir happenedl. She ad een ll monh o liv weks before that time; I was thlere on Suday, he 6t oJune. I remiember Fiiulay bringing the ho. lusino he oo aout nine o'clock. l opened it Out, and saw that it wugt~semeshehad had before, and I laid it down on the table. I canOtsay heter Mrs. liodgson was asleep at that time, but she -wa inbedandthecurtains were dIrawrs. The prisoner was not long afte thbous ad been laidi down, in coming into the roomn. He took the bolus up. andI went dowvn stairs with it. 1e was away a short time-, andI brouzht a bolus back. I did not seethe bolus which he brought back. WVhen hecanmeback, he said the boDoswasready for her to take, and that there was half a grain of opium lea, than there was in it the airiht befo-re. I do not know whether Finlay had left the house before that time. When he c-ame up with the bolois a second timie,. it wa, between 9 and 10 o'clock, but before ten. I did not see Finlay- after he gave me the bolus. When .ile rliodgson told hlis wife the bolus had less opium than befiore, she wished him to take it down and make it the same as it vas before. Upona that the prisoner took it down. He was only a few mrinuites away then ; and when he came back he said lie badl made the bolus right, and it was readlyfor her to take. fle laid the boluasdowis upon the chest of drawers. ~y daughter did nottrake it atthat ticne. I left the room and the house about half-past ten, and she had not taken the bolus before I left. I had net been gone away an hiour before I was sent for again. Agnes Thornp son Alr. Hodgson's servant, canme for me. I went, and found my daugzhter very ill indeed. Site was cotmplaining of a burning heat at the stoinach. Shie wag sick and vomiting. -The prisoner was sober that night, for any thing I saw. Rachael 13rown was it3 the room~. Cross-examined....There was a nurse attending upon her, but I don't know how long she attended her. She was not always there but attended her occasionally, from her first illness. They had two servants besides thle nurse. I don't know whiether the two servants andl the child slept together. M1y conseint to the marriage was not asked ; it was done without my knowledge. Re-exaniined...I live at Houighton, and wvas only at Sunderland on n visit, on account of myv datighter's illness. I was sent for. I had been at Sunderland ab'out a week before this happened. Bylllr. POLLrocx.....y daughter and the prisonter were married at Gretna-green. By. Mr. Justice B3AYLrY.__1 was at fouighton on the Saturday, but wras at Stinderland all the Sunday.' Stie took a bolos on the Sa- turday night, but I don't know that she had taken any other medi- cine toyork that off. The prisoner went down with the bolus twicit Ile hadsaid nothing to his wife, nor she to him, before he took it dowii the first time. Hf-, took it diown tile second time to add some opium. Rhalo Brown examined.-4 was attendling Mrs. Hodgson as nurse. I hbal been- in the habit of attending her before. I was well acquainted with her before her marriage, hut never attended her. i was at the p risoner's hiouse on the night of the 6thi of Ju-ne. I remembet Mrs. Allison going away. At different times in the course of the evening the prisonier was at Al rs. Hodgson's bed-side. I did niot see him do any thing with a bolus, till Mtrs. Hodgson -wislied to hiave it made into pills. I took it to the bed-side, and she said it was nothing like the samne she had before, andi she refused to take it. I spoke to Mr.I Hodgrson to that effect, and he said it was right, and shie vas to take it. She tlieti agreed to have it miade into p,1 Tills.Mpfogon rmads it inito three ptius, andc gave hier one; slite swloe t, end com'plained of a burning in lher throat and breast; she. sanide medicine was not right, and Mlr. Hlodgson said it was; she then took the othier two. I7 cannot pos,itivelIy s,ty whether he gave her theam, but he put them into her hiatids. After swallowing the other two pills, she comnplaiined that site grew worse of heat in her breast, throat, andi stomach. She hiad not comnplained( of hier s~tomacth before sit)etook thielast two pills. Some time after thatsite complained of sickness-. Th)eprisoner gave his wife amixture aboutt tive minutes after she took the pills. She comiplained of thec heat before slIte got the mixture; after site got the miature, she becamle sick and vomited ; she continiued to vomiit fronti eleven o'clock till about three but I cainnot exactly say. On hier bcginning to be sick about II, sLi wished to hatvehier miothier broug'?mt. Tie prisoner said he thoughit thlere was nIO call for it, a%8site woulil scott be better. Dr. Brown was sent For aboiut half-past I 1, bitt hier moither camie be- tore that; Mlr. Iadrdgono went for biun ; Mrs. Hodgso% told liim, to go. Mr. Gre gory and Mr. Gregson, two surgeons, camec afterwards;1 they were sent for by Dr. Brown I did not go myself' till hialf-past l Iwent to sit tip with her; I catinot say whether M5r. liodgson knew that I was comiing ; couild not perceive that lie was intoxicated that nighit. I canngt say that I saw any difference from his usuial manner. Cross-examined.-I hiad sat up the thlre, or four p recedling nighits. I hail frequently seen lirs. Hodgison during her illness before thiat time. She was coatfined to liter roomi andi to lher bed. I was not there when the bolos was fir-st brotught up, nior when Mr. liodigeon went down to alter it. Airs. Ilodeson asked for the bolus imotedii. ately after I went in. Mrs. Alliso was net gonie when I 'vent in, hut shie did not stop niianv minuttes after. WiVen Mlrs. Hodgson asked for thie bhas, Air. ilodIgeon dividied it into thiree pills. Mr. l-lodgson ,ras by tite bed,iide whieti he divided thie bolus, and I saw hint diride tt and Mr& Hodg.Ron saw himn too. We were both look- ing nwe t iie t When M5rs. Hodgson took the first pill, hecomplained of heat, bitt notwithistanding she took the other two. By Mr. Justice BAY1,1Y.-I didI not sit up with her on the Sa- tuirday night, buit I was; with hler all the dlay. I believe IMrs. Allison did notsleep at .hlr. HIodgson's that week, norsit up with herdtaugh- ierrashy nighat. Mlrs. Allson was, on the Auggestion of someo jurymen, recalledi by Mr. Justice BAYLE V.- hiadi never slept at my daughter's. TIhey hiad no sparc beds. It'they hiad, I sahouldl hazve slept there in Mattew 'inay ecaled.I dn'tcastlyknow how long it was befoe M. lIodsoncam inaftr Itoo th bolLos. Ile was only. oncein he opbefre]wen awy, ntil that was when lie told mc to g hatieto seep Itwas bou 10o'clock, or a little after, and I wet hoe drecty. Ididnor ee he prisoner do any thitng at all inthe sritrge hr was no other bottle containing, powdlered, opiumn bt the on Ihvmetioned, thtat stood b the croiesbliinate andth sgrole.InpeangteousItokthe opiumi fromta bote fM.logo etionithhecureof hie night for powded oimhewudgtottbtl.Wehad no otfe in tie shop: u hr a adoimi rwr largaretKent.-l lielsievntwteM. dgo n thehl of Iusng last, and had lie hr bu 2wesb r;Iuually ~lIptt l6 the kitchen, andteole il ge roosn n thle liuLec hild, slept withme Wehdsetoghrfreit weeks. Between nine rlcl ttli Oftthe eyeiting of tie 6thofJnmyase called me down stairs to imake 'the' shop heel. Fna w n h surgery at that timne. I hteardl the prli.one.r tell Finla og oet 'ileep and Fin ley went awev. That wvas near ten ocok ~nal asIcnsek It was half-past nine whien Icm ont ik the 'bed. I had not been boug down when Mr. - Hodgson told him to ,Icee at home. Finlay went liome. and MAr. Hodgson went up sa~tai' After he hiad gone tip stairs I left thie shop, but I did not cotAbkl. Iddntee r.ogson doing any thiing in the shoik, in the courseof thiat evening. I saw~ the miarble slab.- I saw hien standing near thle slab dfriniking beer, which wasi all I saw him do. Alr. ALDERlSoY._Ha.YCou alw,ays said that ? 1)r. JUStiCe 3AYLEY.- Your own witness, Alr. Alderson. Eixantinatio0l resumed.-I did see him wiit the pap-r ancl t h bo- his in it. He was then just beside the marble stone. I saw nothing on the stone. There was a knife lying on the counter, about tvo &rds distance from the slab. Finlay liad gone before that time. I v the knife, as there was a candle standing in the shop. As he as going up stairs, he said time mistiessordered me to lie in the shop 11 night. .hat was not the first titnel had heard I was to sleep in heshop. Mly mistress had talked about it before, but that as the first I had heard that night about sleeping in the shop. 'othinghad been said about it when I was desired to come down ad ma ethebed. My niaster wasnot sober that aight; he was runk, but not very drunk. Cross examined.-The re^,50n I was desired to sleep in the iOp was, that my tuitraess thought the kitchlen too hot for the ther girl, dle child, and myself-to sleep in. The weather was ot at that time. That was the kitchen used for cooking, and itre had been a fire in it that day. My master was in the shop hen he called Dme down, and whatever lie did I could see hiu: Finlay wvas at that time in the shop. I remained in the shop il my master went up. The shop-bed was in the back-room of the hop. They are divided by a door and open into each other. There as the shop c4ndle and my cardie in the shop at the time. The hop candle stood on the countet. It was a mould candle. There asnolamp. I had lived there about twelve weeks. It was the her servant who had the care of the child. Sly master was ry fond of the child. He lived upon good terLrs with 5Irs. far as I saw. I neveT s3w any thing in him except at belonged to an affectionate husband and a kind father. Re.excmiimed._There is not a window between the shop and he inner room- My master remained in the surgery whilst I as makinV the bed in the inner roomn, and it was when 1 came in I aw him 'going tsp stairs with the bolus. By Mlr. Justice BAYLEY.- WhIien I wvas in theback room making e bed, wvas not in sigbt of the marble slab. Agnes Thompsoii5 the other servant of the prisoner, examined by XIt. BaOVGEUSHAMI hbat beell in Mr. Rodgkou's eervicethlree quer- I Ws of a yea- I was ini ray miistress's bed-rona rsoutla quarter past uen 0luck. -Arx-Browi was there then, but nobody-else. Mlr. Modgson-came aflte thats but I dlid not see him have the boltiss till he camse to the bed.side. HeUb brought the mnedicine to Mtiit H{odgson, and said she ~was to take it; but she said it was-not the samue as she had takeni the night before. le,Id t was. She de- siredI him theni to make it inito pills, lHe ditd so in the room, and gave her one. When she took it she cornplatneel of a burning heat In the throat and -stomach. AIir. Hlodgson said she mtist keep it down, or. she would have the same to take over again. Ha then gave her the other two, one immediately after the other. She took thein too, and atilt complainedI of the b-wrning pain in her throat at'd stomachi. He then gave her a draught, but I did not hear him say i0hat it was for. The draught was standing ont the drawers, but I did not stee how it was brought there. It was in a tumtbler glass. After she hiad taken Cthe glass, she called for her mother; shie started to vomit in the couirse of two or three minutes after she took the draught. She vomeitedl into a basin, but that was put into adopail,ot dirty water in the course of a minute. Thiat was set dwn in the 'kitclhen, and was there Nshen Dr. Brown came. I cannot tell whether MNrs. Brown emptied it inito the wvater or not, wheni Mrs. flodgson calledl out for her mother to be sent for. Mlr. Hiodgson was not wvilling and said she would be better in thec course of half an hour. Mfrs. liodgson then directly desired me to go for hier mothier. I went towards the door, and Mfr. H-odgson said I had better stop a little ; I did go immediatelv, and brought back AIrs.Allison; when I canme back, I saw Mrs. llodgson,she was still vomiting. Cross.examined.-..I was in the roomn when Dr. Brown came; Mr. Hodgson went fiur him, andI brought him. immediately. I do not know~ what the draught was, but itws ie diety after the pills, andI it caused voqiiting irmmeitl rdntkow that any thinig it brought up was saved. Mrs 1ogo a aen a draught at night several timnes before;I don' nwta hr a aniy Ian. daniui- in it. Mir. Hodgson alwvays behiaved well to his wife and child, as far as lsaw. His wife and he lived verybhappily together, he often nursed the child, as a father was likely to do. I never saw any thing but the conduct of a kind father atnd an atfectionate hius.. b.an in Mlr. Liodlgson. Re.examined.-I had seeni Mrs. llodgson take dlraughts before that ; they never made her vomit. Mr. Jusitice BAYLE.xy...iSh had never had so munch caloaiel be- fore ?-[ don't know. Dr. Brown.-I am a physician, and reside at Bishop W.sarmouthi. Previouisly to the 6th of June I had attended AMr. Hodgson as a physician ciaily for about a fortnight. Site was labourfing under acute rheumnatism. I dlid not keep any record of the case, as I dlid inot conceive it an important one. On first calling, I found Mirs. llodgson's mouth affected wvith calomel. Mly first prescription was vinutm colehicuim, to be Wiven three times a day ; also an anodyne at niflht,with an occatitonal laxative. Subsequently the date I Cannot tel 1, she was at tacked by a considerable pain about the right sidle and the stomach, for whiich I ordered bleeding; a blister was a pplied across the si~omach, andl some laxatives were then. given; I can- not exactly say when that was. Subsequentlv, those stymPtoms being subdued, and -rheumatism orly rentiiziing, I directed to be taken at night a bolus, consisting of six grains of calomel, and a draught whichn was to corntain a certain proportion of what is called the black drop. Ott comin~ there the first mnorning after I hadl given this prescription, I was informed by AMr. llodg.. son that instead of giving the opium in a draughit with the bolus, he had iticluded the opiumn in the bolus.-that is, he had made the ho. lus of six grains of ralomel and two of opium. 'ro that I did not object, as it was not a material point. If I recollect riglht, one of the dlayst duiring which the calomel and opiuim were taken, I found the patient's tongue brown, andi on inquiry found that three grains of'opitim had been included in the bolus the preceding night instead of'two. Ilcannot state howinany nights she took the bolus, but she sometimes took a laxative niext momening. I dught to add, that af er I found three grains had been used, I told Mr. Hodgson that two grains would be sufficient, though a grain of opium would not be ve-fy imrportant. I never increased the calomel ait alL fie being a miedical iserson I prescribed to) him verbally. Pre- vious to and up to tile Oth of June I had ordered calomel and opium to be given to this lady. The effect of calomel or opiumn would not be to produce burning in the throat or stomach. Oc-. casionally calomnel will produce vomiting, but it is produced very rarely by calomeal and opium given together. It never produced vomiting in Mlrs. Hlodgson, muchi less burning in th e throat and stoinaclit. In the afternoon of the 6th of June I ordered Mlr. Hodgson to give only a repetition of what I liad before pre- scribed. lie told tue he had given the opium in the boltits without the draught, and I ordered a repetition of thte draught. Mr. Hodig- sen cainie for me about eleven o'clock on Suniday, night; he said his wife was worse; that symrptoms of inflammatioit of the stomach had come on. I went with him, a-nd found Mrs. Hodgson very ill indeed. I found liter pulse very quick andi small her skin was co. ver-ed with a cold clammy sweat; there was a tens,, of burning in the throat that she complainel of, ex tending along the gullet to the pit of the s4tomach. TLhere was vomiting at very short intervals large quantities of matcwe thirown up, and liquids that had ap- parently been giv,en her. With the exception of extremie vweakness I thiink I ha've mentioned all the symptons, If! a person bad taken corrosive sublimnate of mercury, I shoLuld conceive such symp- toms would hare been amongst the lirst that appeared. I asked Alr. Hodgson first who hiad prepared the medicisie. fie said hiis boy had ilone so. Upon his saying so, Mrs. Allison said he had had the bo- lus out of the room twice, after it hiad been preparedI by the biy. He then said that lie took it otit of thec room to addi powdered opiumn to it, the holms of the preceding nighit not having made her rest. Hav- ing und&tstood that the draught was given, [ inquired after the co-m- position of that draught. I think the patient hierself told me the d,raught had been given. Slhe said she began to vomnit imm-ediately after she took that draught. Ias;ked him as tothe competence of'his boy to prepare mTedlicine; and he expressed his conviction of thle competence of the boy. I observed to the prisonertihat I thought the symptoms were such as an over dose of tartar emetic would produce. 1'artar emetic is in appearance like calomel there is a (lifferetice be- tween them, and a person of skill would easily discern it. I went diown into the shop to see whether any mistake lhad occurred, but f found the tartar einetic and the calonis go sitisated, that [ thought no mistake could have occun'red. The calomtel was in a small glass jar in thie right liand corner of the shop, a, you enteredl by the daour. The jar of corrosive irublinmata was at a considerable distance from the calomel. I think it is quite imipossible corrosive suiblimnate couldl be mnistakeni for calomel-corrosive sublinmate is in crys- tals. A person couldi not use it in a boums withiout first redlucing it intopowiler. Corrosive sgublimnate oeinercury coul(I not be mis- taken for powtleredl opium. T'hey are so dissiusiilar in appearance, that I tliiiik it is Impjossible a person withi a canille cruld mistake otte for the other. In tile darTk, it'a person pours it into a glass,, as it is in crystals, they must be conscious, of its not being pow. dterert opiutm. ro makti a bolus,it is necessary to mni xthe powdler witit a kti-ifc on the slab ; anid it would be necessary to reduce the sub. stance to apowcler before it wasmixed withi couiscrve ol'roses. Corro). sive sublititiate woulml grate or jar so inuach uiniler a knife, as to ten. iler a person mixing it conscious of it. WVhen I fouind tittit I couild tinot clear tip the mystery thiat seemed to exist, I orileredi a drauglht to be prepared, of magnesia, :30 drcops of tinctuire of optittin, ancti siote water. That, was p-repared itn my presence by the prisoner. It was carriedI up stairs, snd taken by Airs. H!odgson, bitt it Was ititnie. eliately thirown upr again. I then prescribed~ another dtrauglit for hier, consisting of the samne quiantlity of tincture of opiumn, andl two dracitms of water. I was titeti iii the bed-roomi. The prisoner went diewn to prepare it, and was absent for two or three minutes. On his retuirn lie liad the apothtecary's measure-glass in his hanld, w-ithl the dlraughit in it. Trie appearahae of it was different from what I shiould hav epecterd froint my prescription. In the first place, it was more bulky. In conseqimetimce of that circumstance, I took the glass into mny hand. It was also more turbidi in appearance tiata it ouglht to have been. I tasted it. Mr. POLLOCK.-It never wvas administered to the prisoner's wife. Couild, theti, this evidtence be receiveni ? Ailr. Justice BAyr.E was vl of opin'ioa that it could. The witness then proceedd. Tbe liquid hail a caustic metallic taste, anid hail suchi a tastc as a drat'gltr containing corrosive subli. maticof imercury would hIave, It hadl not the appearanice which the ciystals of corrosive sublimate of mercury dissolverl in water woul(il have. I was convinced thiat there was laudanumn in it. Corrosive suiblimanite of mercutry has no smiell whiets dissolved in water; lanth(anumn has. I thiink the sme.ll of this draught was the saintasit would have been if pure. Oni tasting the draught. I called for water to rinse my mouth, and ordered Mlr. LGre- gory to be sent for, fle was sent for, and he camne. He forusedl the samie conclusion as I did with regardI to ithe dIrauight. I told him in the presence of prisoner whiat I hail prescribed ; it was thecn reducedl to ivriting in the usual form of a prescription, and thle bottle scaled uip. Whiat I wrote down was slhovn to the prisoner. Hle was desired to countersign it; lie refiueed tto do an, butiadmittedi it to bc correct. The phial was then given to Mfr. Gregory. anti was afterwards analyzed in nsv presence. Corro. sire sutihii,sate was footed to be contained in it. The qutantity, iipenr afair calculation, was 13 11-14ths grains. That qatt,i o e jected by thiestomach and met byantidotes, wouldbe quite sufficient to destroy life. 1 shouild rather questi)n wlhether three grains of it would destroy life. Upon discovering this draught, I required the white of eggs in water to be given. That is the antidote generally recommninetde by the highiest authority. Thtere is a little discrepancy on the questioni; but it is supoosed that the white of eggs changes Cthe corrosive sublimate into calu~rnel, and so makes it comparatively hiranue8s. Previoustothegivingoftiie white of eggs, none ofthe vo- miting was saveth ; afterwardls some of it was saved. After the white otf eggs was; given, it would be difficult to dlecide whetlher cur-. rosive sublitmate lhad bean given, as it would be chianged to calomel, anti caloinel lied been given previously to Mlrs. Hfodgson. Somne time after this draught had been given, Mlr. Gregory, Mlr. Gregson the pri zsoner's father,ltie prisoncer,and tiiyself,went into thiesurgery. We exa:- minedi the marble slab. Weperceived the renisaiiis ofa bolus,which we tasted. Thetaste was similartothatofthsedraught, it was thatoffcor- rosivesuiblimate. Aillthe individu,.als present tasted it, tie prisoner amnong the rest. They aU said that it tasted of corrosive sublimate. The prisoner agreed with its as to tise taste. He offered an expla.. nation of the corrosive sublimate in the draugh t. I do not recollect whether he acknowledeed in expresis words that corrosive gublimate was in it. lHe repeatedly requested that it milght be destroyedl. I saw a great deal of him that evening, and I think that lie was sober. Cross-exansiined.--Hie said that lie hail prepared an injection for a sailor, which consisted of a scruiple, or 20 grains, of corrosive subli- mnatc, and( four ounces- of wat-cr. \'ICtlegansso'hpro. tiosn was pointed out to him, he said,tlhat he had given it to the sailor ,rery strong, and lad requested him to dilute it with a quart of wa- ter. That was tiot very unlikely. It was thought incredible at first, when Cthe small quantity of water was consi(dered. The practice of the prisoner rendereil the preparaticn very probable, after his expla- nation. I had directed the draught to be made of 30 drops of lau. dany,nt and two d'achms of water. When lie brought it to mue it was about six draclims. The draught, as I ordered it, was about 2i drachms. The excess of bullk, and also the turbid nature of the dragght, led tue to taste it. I gave the nsagnesia draughlt mtyself to MUrs. Hodgsan. The prisoner caine towasLds me with the second draught, but did not present it to mne. By Air. Justice BAYLeY.-C-ould you judge what lIe was going to do with it ?-I could not. The moment he came towards tu,eI observed that the draught was inore bulky than it ought to be. The discrepancy between the draught I prescribed and that lie brought, was such, that if lie was sober, lie ought to have apprehended that I nmust discover it. By AMr. POLLOCKc.-If he was sober, must he not have kisown that the draught he bmnughst could not be imposed upon yea as the draught you prescribed ?_I Chink that a reflcoting man must have apprehended that I must discover the difference. You say,a reflecting man ought to have known that ?-Yes. Was not the draught brought up in an apothecary's measure-glass ? -It was. Is not that kind of glass measured out in drachms and half drachms ?-It is. ',Could any man with eyes in his head mistake the two draughts, if they wese put in that glass ?-I did not. Could any man Sir, mristake six drachms in that glass for 2A drachms ?_I thinkc no man could. Why then, not say so at once, Sir, instead of being thus cos- tive with your evidence on the point ? The difference, then, as to uantity ia uquestion aiout which therecuid be litte esfR?Pty.?_ Crtainly.. '. - Nbw as to -the difiTrence In the appearance ofthbraught4:et 'tc ask you a question. Wa it notluffidently 'tgrbsd to ,t't;4ctyoul attention P?- thinik MhOt he tarbidity,was notfstuffiesnt ES, ave att tracted my attention, had I not taktn itout othis hiana,ndlooked at it attentively. But in poariog it out o? the measure-glass into anotler fglAs, must not the turbidity have been perceived ?-I thintkk :tht d;uy person pouring it out must have perceivedc the dlifference. ' Was the corrosive sublimate in that draught aU dissolved P-I think it was; there *vas no visible precipitate in it. Have von been yourself in the habit oF compounding medi. cines ?-twas iso in my youth. Htave you ever used ipowder of opium under the spatulii on the slab P_1 cannot recollect any individual instance of my having done so, but I thinkl that I must have done ix. Hare you ever had corrnsive sublimate- under the spatrdi', for the purpose of makings a bolus ?-I ntever tn3de a bolus of corrosive sub Iinsate. Have you, for the purposes of this case, taken corrosf -i siublimate and placed it undfr the spattula, and compar6A the efibcti produieed on the spatula with those produced on it by pdwder of opium under similar circumstances ?-No, I have not. Then, Dr. Brown, am I to understand you to state, that a person could not but tell the difference- between corrosive sublinmate under the spatula and powdered opium-utnder the spatula, whva you say that you never made a bolus of the former in vour life, and liave not made a bolus of the other since your youth?_l' formed my judgment upon that subject from a knoowledge of the hard gritty saline particles of corrosive sublimate. That opinion, then, is a speculative opinion, and not fortned from any comparisoa or trial of the two substances ?-Certainly not fbrmed on a trial of the two substanrcs. Has the question ever been put to you before this -day, regard- Ing the difFerence which exists between the two substances under the spatula ?-It never has. r gave my deposition to the attorney for the prosecution; but this point was never put to me before to.day.eerpttmeboe You are acquatinted with powderof opium ?-I amu That is more or less fine, according to the care used in preparing it? -Certainly so. Opium is the dried juice of the poppy - Is it not. ?-It is. If it is kept long, it becomes dry and very hard, does It net ?- Certainly it does so, if kept long. Now if very hard dry opium had been but carelessly groaLnd. would it not feel gntty under the knLife or spattla ?-Not to the extent of corrosive sublimate. I am not asking you as to the extent, Dr. Brown, but as to the fact; would it or would it not?-It would. AMr. Justice BAYLEY here interrupted the learned Counsel, and told the gaoler that some of thepersons in front of the court niust be turned oat, as they were creating a disturbance. fIe should wvit till he saw it done. A pause of some duration took piace, whitst the disturbers of the peace of the court were turnea out of It. Mfr. POLLOCX.-I was going to ask yom as to the different op. pearance of corrosive sublimate and powder of opium. Mlust not that depend on the light in wrhich they are sren ?-Lertainly, to some -degree; but it must amount to a total deprivation of light, in other wortit must be dark, before a medical man can mistake the one for the olnc. Did yuu observc that the corrosive sublimate and the powdered opium stood near each other ?-I did. I think you have not stated that before ?-I think that I did; if id not, it was because my attention was not particularly called The learned Judge here looked at his notes, and said that the witness before had only been examined as to the situation of the calomel bottle and the tartar emetic bottle. He said that the tartar emetic was likely to have produced such symptoms as Airs. Hodg. son labotred under when ne first went tosee her. Mlr. POLLOcSC.-Whatever substance would produce excessive vomiting and irritation of the stomach, would it not be accompanied by the same symptoms ?-I think not. A saline emetic might pro. duce tbem; no vegetable emetic woultl-for Instance, ipeeacianha would not.risaneiecuna Are such symptoms referable to any natural dlorder?.Symp. toms resembling them in a considerable degree may spontaneously arise from natural disoyder. WVould a translation af acute rheumatism or of gout to the stomach be one of the natural causes which would produce the same symptoms ?-It might produce the pain In the stomach, butit Is not probable that it would produce the burning pain. Symptoms in some degree similar or analogous might be produced- Mlrs. odgion had been in the habit of taking calomel for some time before this transostion-had she not ?-Yes. Have you never known calomel, when actively employed, pro. (lusce tymptoms similar to those which you describe as having oc- curred on the 6th. of June ?_I think not: calosnel might produce the sicknesbs, but could not, in my opinion, produce the burningz pain. The heat and burning arise from the irritability excitred Wouhl thut which excites intlammation cause a burning pain ?- lAlr. Justice BAYLEY._Would aloes produce those symptoms ? I theink not -certainly not that burnlng pain in the gullet, extending to the Pit of the stomach. The witnes3 then continued :-Corrosive sublimate has of itself a tendency to excite vomiting. When that draught of six drachms was brought up stairs, the patient had vomited repeatedlv and for sonme time. At thuat mnoment I should have had great difficulty in stopping the vomiting by active medicines giyen for that purpose. The preparation of laudarum and magrncia was rejected from hirs. llodguon's stomach, almost immediately after taking it. fr. fodg. son was present at the time it happened. If Mrs. Hodgson had taken that draught of six dracl:iis, T consider that she must as a matter of necessity have brought it up again. A man reflecting properly upon that point could not have doubted of its producing that effect. Biery medical man must have ex- pected that either the whole. or part of that six.drnchns. draught would be rejected instantly from her stomach if it were given to her when the had been vomiting previously. I asked the prisoner to taste the draught, and also-to taste the residuum on the slab. He did so; lie aereed with me.as to the taste of both I was in his house from 11 o'clock at night till four the next morning.' Somnetling was said,that in case of Irs.iHodgson's recovery,nozhing was to be said about the transaction. The wittess wished particu- larly to explain this cirCulnstance; but the Court told him that the forms oS law prevented him from giving such explanation, because it related partly to some conceptions of his own,arrd partly to a consult- ation which he had hatd with some gentlemnem when the prisotier was present. The witness continued :-l analyzed what came from ilrs. Ilodgson's stomach. It amounted to nearly three pihts. There waS no precipitate of mercury in it. Aftcr the liqaids she had taken, I did not expect to find any. Re.examined.-One reason which I had for not expectinig to find precipitate of mercury was, that so much had been thrown away beforc I thoughtof preserving the contents of time stomach ; and the second reason w'as, the decomposition wlichl corrosive sublimate suffers fronm thc white of eggs would make any result obscure. Be. fore I administesed the white of eggs, I had not thought of preserv- ing tIme voinitings. If the translation of gout or rheumatism had caused the symptoms which I observed in atMrs. Hodgson's stomach, I think that they would not have been relieved by the application of the white of eg s. The white of eggs did relieve the symptoms in this case. I should have apprehended that if corrosive sublimate had becn given, the symptoms produced would have- Air. WILnIAWSS objected to the witness concluding this answer till he hadl asked him one or two questions. The witness, in answer to t.hcse questions. said that he had not made experiments himself upon corrosive sublimate. He knew, however, its results froi the works ef Professor Orfila, the lhighest authority upon this subject. IIis ow,, experience in poisons had been very liiited. lie then proceeded :-Corrosive oublimate is tbe muriate of the fieuter.oxyde of mercury according to one thcory. According to anotlher theory, there is a litte, but not a material dif. ferencetipon that point. When the albtmrnea is connected with it, it redoces it to the protoxyde of mercury. and that is calomel: it is then comparatively har;nlesss. If'gout and rheumatism had gone into the stoniacl, it would not in my opinion have occasioned any burning, unless bile had been exhibited. In this case bile was after. wards vomited: but the sense of burning existed previously to the vomiting of bile. I draw from that circumstance this conclusion_ that the vonitting had arisen from some cause independent of the bile. Thegullctmighthavc been irritated by the vomiting ofthe bile. Bile irritates the parts througl whicl it passes, but r repeat that in this case there was a burning beforc the vomiting of eile. I was on the side of the bed farthest from the door when the prisoner came in with the trauglit. I was near the centre of the bed, and he came to the foot of it. goimig round by the nearest side. By MAr. Justice BAYLEY.-I cannot say how long Alrs. iodgson had been taking calomel. I tlsink alic took six grains five days run- ning. Shse took purgatives every morning. Calomel is a powertul medicine but may be used with perfect safety, if properly adiminie. tered. Half a grain may produce an effect upon souse constitutilons, but [ should nut think a powerful one. I have prescribed thatn.uan. tity sometimes In aterative doses. Jn peculiar habits, calomel pro. ducts considerable irritation in the stomach. It is more used now than it was tw nty years ago. r believe that about twenty years ago Sydenham, tl;e father of English physic, gave it in quin- tu Ieoses-that is in doses of twenty grains. The composition vrmch we found on tle marble slab was not analysed as it was but a small quantity, not suffieient for an experiment. iW' had nearly exhausted it by rubbing itwith our moistened fingers in ordertotaste it. As it was not submitted to analysis, I cannot say that, without doubt, the comnposition found on the slab was corrosive sublimate, It would require the confirmation of analysis to enable roe to say positively, and without doubt, that it was corrosive saublimate. We did not search for calomel in the analysis, because we knew that the patient had been taking it previously. I did not perform the ana- lyisis myself.I was present at it. At the time I gave the niagnesia ttraught, I did not suspect that the prisoner hadl administered the corrosive sublimate by desig, nor had the prisoner any reason to suppose that I did suspect him. His bringing up the draught with corrosive sublimate In it was immediately followed by suspicion in my mindi. It never occurred to me to examnine the laudatium bot- tle. If there had been any thing wrong in the laudanum, I think that we must have discovered it; but we did not think of examining if tneM prsnrwsntnaegnocstd ni us It. Th-e prisoner was not taken into cusod until- Tues` day niorning, the 8th of June. He was taken near the vil, lage of Ryehope, which is about thre miles from Sunderland. The tests we applied to the liquid solution were carbonate of potash, lime-wter, and ammonia. (The witness mentioned two other cly. mic-l termu, but we did not catch themt.) We made an amalgam - we reduced it back~ into such a substance as to be able to wlhitengold By Mr. PoLLoCK (through the Court).-I never attempted to bleed Mrs. Hodgson without suceess, except on the 6th of June. I thei opened a vein, but no blood came. After the!magnesia draght had been taken, M rs. Holgaon suffered so much that I thought it requisite to bleed her. The prisoner declined to apply the lancet himself. I attributed that to the anxiety he felt on account of hia wife. I accordingly attemnpted to bleed her myself. When the pri. soner came to fetch me that eveniing, he appeared to be very anxious that I should go back with him. I never saw him display any want of feeling towards his wife during her illness. Mr. R. Gregory, examined by Mfr. ALDEnsoox.-I am a surgeon atSunderland. I was sent for to Mlr. Hodgson's on the 6th of Jusne. I got there about twelve o'clock. The girl was twice at the door before I could get my clothes on. She took me into the house and showed me into a room. I saw Dr. Browus and Mfr. Ifodgson diere. I saw a graduated measure-glass. 1 tasted it twice, and! said that I considered it to contain corrosive sublimate. I saidl so before I heard any mention of corrosive aublimnate. I-procured a phial, siid put the draught into it. Prisoner said, that lie conceived Dr. lrown was giving himself a great deal of unneceSsary alarn. I had at that time the draught In my hand, but he said nothing tome. about it at that time. In a subsequent conversation he said that us the drauglst had not been taken, It had better be -Aestrojed. lAr. Gregaon was sent for. He came. 13r. Brown and Mr. Giegson, and the prisoner's father, went with me into the bhot. We- went to the slab, looked at It, and saw a place on which abolus hd been asee. A verv small,. quaat~ity of, matter sttill sadhed V? the slab, weacrapeld oWvery amalquaitity.. This was twvo hours after]I l4sd tasted the draught up stairs. I tasted it. The tast wonveyed qnimprpiesiopi to rny mfihid thitt it was corrosive suiblimnate. It w'a, e Name with that of !he draught. I imnmediately maid so to Dll. oadgson. One of die party requested him to taste it. He appeared t6 dO- so. ltie7drnitte thiat it tasted Ilize corrosive sublimiate. I conceive :hima to have beent perfectly sober at this time. I kepit the draught till it was analyzed: it wits analyzed about ten flays after- ward.s. It was seil1ed up so was the prescriptioni. At the time of thse ansalyzis the seal wvas broken, Mr. Orden analyzed it; he is of a Quaker's famnily. I saw it analyzed aind submnitRed to the uisual t~ss. IA paper produecd4- That Is my hand-writinc~. These are the notes of the analvais. the result of- the experqm,tnt was that the parties there were satisfied that the draught Contained nearly 14 grains of corrosive3 sbli te 'Cross-examined by Wreraa..lds, said that the drau~h had betebedsrydasihd ot been taken. I said that itt had betterbesedorhsrfeioa chatracter. He said nothing about his lifsina hrcerta eard. r never was present at sudsh an experient befye. lr ge ae ithe made the experimenits by the direction o tes r anr Og.. doen sgegeted the tests9; the results wr one c ytefte beoe the tests were tried. Mfr. Hogo'ssa was iLn even slab. A cloth would not have wiped it dry ihafmnute, sic conserve of roses is a glutinous substence. Wae ol aecerd it off-. a lesgs qufantity than is inL the multitudnu e.Wtrws in the shop. IRe-examineit..4lr. Barnard Ogden is in court. Dr. Brown was present at the analysis. Corrosive suiblirmate would be broken in a mortar, Bad not poundted on the slab. Air. Barnard Ogden wag then called, but not examined, as he stated himself to be a Quaker, and liad a scruple agatinst takting an oath. Mfr. Gregson, another suirgeon, was called. He rorroborated, in the leadling points. themesetitsiony of the two forsuer medlical witnecies, cand added, thiat the prisoner pointed out wvhere the bolus was made. The tests applied to the plish were. first, carbonate of' pota,.h.-.that produced a pale brick-coloured sedimnent ; the second test was aminio- nia; thie third, lime.watev. The sedimnent produced by thec ammnio. nia was a brownish) white; and that produced by thie limne-water, a yellowisls brown. The fourth test was a galivanic test, between gold andI zinc; the result was, gold whitened. The fifthi test was by the tongue: result, styptlc and metallic. There wasZ Dn thke slab suflicient of the composlion left to be subjected to the galvansic test. f am not enough of is chytnist to say whether, after we had all tasted it thecre was enough to apply the te.,rs of ammotiia and limie-water. f Consider the galvanic test infallible. In the test by the t.orlque, one mighbt possibly be mistaken. I have never muade caperiments my. self, to know what the results of the expcriments wve miade ought to Sbe. Ionly knowrthe results from iy reading in chvmistry. MVr. POLLOCK objected, that the hearsay knoslIedge of the wit- nes, on a point of soience, could Tnot be adlmtted in evidence. BMr. BitotGIlA24sAd atl r. AmLugtsox contendid that they caultd. Mr. Justice B3AYLEY ruled thait the objection wvas, zood. The counstel for the Prosecution hiad, however, a right to ciU upon the witesstodetil heexprimnt whchhe saw made; and it was the copetnt or hemto allmenof cience, anti ask t!iem from The ounel or hu roscuton,aftr obtaining fromn the witness thcrsulsofthe xpeimets, ecaledD,. Brown into thec witness Dr. Brown, examined by Mlr. BxROUosAns.-4 was present at the applicatio'n of these tests I have expeyimiented upoti corrosive subimae.1-lyig dneso,nnnowing the tests which were ap- plied to the liquid then produced; I should say that it was quite do- cisiv'e as to the existence of corrosive sublimnate. Aly former ex- periments on corrosive sublimate lhad led to siniilztr results. I had not the least doubt in the world, after thte application of thobse tests, of the existence of corrosive sublimiate in it. The experiment's were i not made on the resdduum on the slab;- I think that tile quantity of it was so simall that it could not have been submitted to the galvanic test. The efIect of carbonsate of potash would be to p roduce a preci- pitate of a brick-red. In this case the colouir was a little affected by the laudanum with which it was mixed. If ammonia were applied as a test, the precipitate would he of a white colour ; and if lime. Wl2of a~lo colour. If the galvanici rest were applied, gold wotbe wiened. I take that to be the surest test of all. Cross-examined by Mlr. POLL.OcK.-That test would produce the same effect, if it were applied to the suibmuriate of potash, the oxy- muriate of potash, the red precipitate, or any other prop ration of mercaory:itt would decompose the inetal, and whiiten gold It wouldi give no ritenn, except that mercury was there, but no any crite- rion whether It was there as an active poison, or a hiarmls ingre- lilent. Corrosive sublimate is not the only preparation o mercury soluble in wvaler: liquid nitrate is also sofible. The resut of the experiments we mxade was alte-red by the pre-ence of the laudanurn. In a solution of corrosive sublimate, I certainlv think that galvanism is the best test that cani be applied, as it 8howvs the presence of a mercurial salt. Calomel Is nor in a state of chymical so01Luiotl, atld therefore cannot be suspended. If gralvanisra vere applied a, a rest ,to a solution of corrosive sublimate, it wvouldl afford no certain te-st as to wliether the liquid c-ontained corrosive sublimate orliquid nitrate but then it could be determined by either of the other three tesqts. I have menitioned lime-wvater, ammonia, and carbonate of potash. The taste of corrosive sublimate is very particular, and is qIte dis. tinct from that of al other mercurial salts with wvhich Ia c quainted. Mly mouth was so spoiled by tasting the corrosive subli- niate that was in the phifal, that I must speak with less confidence as to Its existence in the residtuumt that was left uipon the slab. William Waifo-rd, examined by Mir. ALrsxaaso ,.- am the con- stable who arrested the prisoner. I arrested him on Tuesday. the 8th, within haifa mnile of'Ryehope. That is a village about three miles from Sunderland. I told him that I hiad a warrant against hiim, and thnat he miust go homne with me. tHe saidi that " it could not be helped now." f took him- before the juLstices. I was not there all the timne that the m-edical gentlemen were examined. I did not know the nature of the chaprge madie against hirm. Cross-examined.-1-e went back with mtie without making any tthing to do. I arrested him at 12 o'clock. He was then going from Sun(terdand to visit a patient.Ilie was in coinpany with a brother of Mlr. Oregson, the witness who hias been just examined. Mr. Smithi-I was present when the prisoner at the bar was birought Weore the magistrates. It was on the 8th of Jane; at that rime I was clerk to the magistrates. I heard the prisoner miake a declamation. Mtr. W,ILLI.A1Ss...W~aS it takten down in wr'jiting? The witness.-It was not. Mlr. Justice BAYLEY intimiated that it wvouhxt better answer the ends of justice if the declar-ations of prisoners before the magistrates were taen down in writing, as well as the depositions niade against them. The latter were, indleed, requiiredl by the statute ; and lie thought it advisable thiat magistrates should always require the formier to be done by their clerks. e,o ern h hremd agaist im,sai tht wat ad eendone must have beeni done in mistke;thatthebotte cntaiingcorrosive subilissaLte and thie powdredopiu stod tgeter; hatthe niistake must have oc- curre fromthatcircustane, ashe ws in a state of intoxication at This was the case for the prosecution. Alr. Juistice BAYLEY then called on the prisoner for hiis defenice. 'rhieprisonersaidthathis counsel werein f'ull possession ofthe facts of his case. Ilie wishied to leave it entirely to thieni, and therefore he shiould decline sayinig any thing. Air. WILLI.ANeS then called the following witnesses for the defence : John Mlarselen.-I have known the prisoner for 14 years. lie ha's always borne the best of characters for humanity. I hiave visited him a-nd his wife occasionally since their mnarriage. A Corresponding sympathys of feeling seemedI to exist between themn. They wore much attachedI to each othier. T-hey have one child. The prisoner seemned very fond of it. Air. Swann.-I sin a surgeon at Sutiderland. I have known thec prisoner for Poetr years, anid have always considered hiim a very humane mnan. I attended his wife for about five days previously, to Dr. Brtown's being called In. The prisoner seenietd very anxi- otis aboet lher recovery. On one occasion he desired tu to bleed* hrlitr te said that lie was so anxious about hier, that hc couldI not clo it himself. Mlr. Smithson, a surgeon at Bishop WVearmouth, who hiad known the prisoner for fwa or three years, gave similar testimony with re- gardto hislhuma,-nity and attveehinent tohis wife. Mr- R. Spover.-l am a draper and merclianit at Sunderland. It hiave kniown the prisoner for 14 years. I hiave lhad for some! timie a shtop in thte same premises with him, and thecrefore knlow the terms on whiich he and hiis 'wife lived together. They lived together in tIte habits of the greatest friendshipi and kindness. I am myself a meimber of the Methodist per- suasion. The prisoner's wife is not a member, but she attends ocr I preaeheis occaionally. I wgenitto pray with her by herhiisban,d'sdesire. Thiougli I prayed earnestly to have her recovered, she did no;t get better. I never went to pray with the prsner's wife excopt when he requested me. He frequently gave"Isis-1 gratuitou% services to the poor.I h~ave known several instances of his doing so myself. Aliss Swaina and rsm. Alawell spoke to the strong attachment which existed between the prisoner and his wife. This was the evidence for the defence Mlr. Justice BAY LEY then commenced his address to the jury, whiceh lasted from half ,past li o'eJock till 20 minutes to 8.L He told them that the offbnce which they had to try was; an offence of an ag- gravated description, and one tfiat required, on their p art, an atten. tion proportionate toa its magnitude a%nd enormity, lie thieref'ore re- quested them, if any reports of the trangaction had reached their ears before they entered the witne8s.box, to dismiss them from their minids, as they were bound to give their verdict upon tite evidence whic'ah ha been submitted to themn that day, and upon that evidence only. The case ree1uired the more attention ott their paLrt, because in case of conviction nobodly could doubt of the consequerAmes which would befaUl the prisoner. The learned JuAdg then stated the nature of the indictment and proceeded to cm ment on the evidence which liad iteen giv-en in support ofo it hywould hiave observed, tha; in thuo couirse of the tra,aget deal of testimnony bad been submitted to thein withi regard to th-e liquid solution In which the corrosive sublimate of Mercury w'1as said to ha found. Now the mixing of the corrosiv u.blimate Into that draught was not the sub3ect of te sresentecharge, and hlqd only been introduced into it to assist them in judging whe- ther in the pills, 'which were mentioned in the indictment, similar poison might not have been introduced by the prisoner at the bar: for if lie had introduced it into the liquid solution, it waeuld lead them to suppose that he had also introduced it into itie pills, and it was witb that view only that the evidence had been submitted to their consideration. There was one piece of evidence giver. by Dr. Browvu which he considere l t be very material to the prisoner, and that was, that the time when this liquid was produced, was tfter the mistaake, if mnistake it were to be called, had been disco- vered in the composition of the pilUs, and before any suspicion lhad entered into the mind of Dr. Broten that it hadl been wilfuly committecd by the prisener. Dr. Brown had told theta, that if that liquid bad been taken, it must in all probability have producetd vo- mitings. Now, those vomitings might have been saved, and if they had been saved, and had afterwards been analysed, they would have afforded proof to demonstratisn whether there had been, or had not been, a poisonous liquid administered so the wife. if, therefore, lie intreduced the peison then into the draught, he dlid it with a cettain knowledge that he must be detected, and must there- fore have been deierted on the instant by all his usual presence of mind. There were tbree points whlich it was requisite for them to consider with regard to these pills-first, did they contain corrosive sublimnate, or any other poisonous matter? Next, if they did, was that introduceed into then by the prisoner ? And thirdly, if it was intioduccd into them by rite prisoner, was It done so by aciident or by tesign? With re,ad to the-first point he thought there could be no doubt, considerng thetevidence whicL had beeun given by the difirimt-sedic6l men who had been called as witnesses. With re. ard to the second point, lie would leave thern to consider whether the poison had been put in by the prisoner, and would tell them to decide upon that point froms the sridence which had been given uon it, and wrhich he shortly repeated to them. The third i pnlatshowtver,wns themostimuor~ntlaoP aill, andaone which deserved their mostsoerip.oMemtij . IfOheythought that tbe prisoner- had putit irtotdse bolus, avd:p1tt-it in by accidetrt, tud nott knowing w,hat he'wis about, then they iusst "oda verdi6t of acquittal but if they flio'blit that he had put it in Eo.wingly andby design, then they must nn'd av&rdict of guilty. IYow, in oonxideringthig latter- point, it would be&ome them to recoRect, thatif the priorir hed put it sn by designl, it was an act inost' ontraryto talihis prev'ieusshibbiic as a humae ma:n and an afeclonate ausb he act impred to the prisoner was most diabolical, an was perfecyr irreconcileable with those feelin a which every husband ought to bavr. and which an affectionate nusband muxt have. Theefore, all tht eviaence wbich had been iven to them of the terms on which 1thevpf1ioner lived wih hi wife, an als of the settlenent.which he mand on her of ,2001., after his marriage with ber in Scoland had verted'allher property absolutely in his handso, was wn'rhg of their most serious consideration ah`. they were maki* uuo their' mbds upon this point, whetber he had mixed p&.soz in those -ills1 uith the intention of their carryingoff oi his wife, or wheter, if they contained noxious matter, he had pvt it in at all, or put it in tnknowingly. The learned Judge lhen commented at great length upon the evidence, and on coming to that part of the wife's testimony in which she expressed her beiief thathe htad been deranged for the last six montht, he obseved that this was the only evidence which they had upon the point of derangement. Now, if they should be of opinion that the prisoner introdaced prison into the pills, but was deranged at the time he did sa, then they Janst ae. quit him; but in that ca-se the ground of their acquittal rsnttbe placed uron the record. The prisoner would undoubtedly be enti- tled to an acquittal on the groand of insarity, if tbey thhonuht that hi. insanity was sufficiently proved; but thh, after that acqutittatl he mast remiin in custody until the further pleasure of-His asjesty should be known regarding him, After several otber remarkt, "hi, t want of time and roo;n lirevents tus from reporting5 the learned JFudge left the case to he jury, with a full conviction sUatstheir ver_ dict would mlost satisfactorily mneet the purposes ofjustice. The Jury retired at 20 m?inutes t! 8 o'dlock, to consider.of tLeir verdict. At 5 mninutes before 9, the bailiff to w-ios cha Le they were intrusted came into court, and said the jury wished rorpen, ink, and candle, to write a note to his Lordship. M r. Justice BAYr.E v.-Tell thejury tiey had bettercomein, and put anuy quention to me which they want answering. The heiliff lefi the court, but shortly afterwards teturned. He said that he had communicatt:d his Lordship's wishes to the jury, hut that they) had told him that they would ratber write a note to his Lordship. The pen,-ink, and candle, were then sent off to themi. rihe baitiff shortly afterwards entered the court with a note front the jur-y, Mr. Justice BAYLEY.-,Let the jury cpane into sourt. The bailiff.IMy Lord, they say that they are nor dliposed tG do sto. hlr. JUstice BAYLSY.-Tell thera that they raust corme into court, as I cannot 'nve them any other thavn a verbal answer, This message was communicated to the jury, and imumeditely af- terwards they came into eo"rt. Alr. Justicc BAYLEY.-," Gentlemen of the jury, it was right that you shoulti come into court, because nio private cMrMmuicarion ought to pass between the judge and the jurv. I see the diffi- culty vith which you are stageered, and I thought that I had made myself sufficiently clear regarding it. The important question which you have to deci(ie iiwithregardto thebolus, andno-rotheliquid. If at the tine that the bolus was prepared, you conceire that the pnt- saner introduced poison into it, knowing it to be poison, but at the same time bring in that state of mind in which his wife described. him to be, I shall take your verlict of ecqaittal, and shall place the ground of it on the record. There is little evidence, except the wife's, to prove the deraneement; but if that evidence i satisifctory to your mninds. it is quite suficient. I again repeat to you. that it is the bolus which is the subject of your inquiry. Gentlenien, yct may now again retire." The Jury then retired. After they had been absent for ssmeshorr timne, Mr. Justice BA-YLxY desired that they might be again sent for. On their arrival in court, he told them that his motive for sending for them was this :-There was no cvidence of the prisoner's being in a state of' mental derangement on the night in qUestion. The evi- dence rather went the other wav, and proved, that in the conversa- tions which he held up stairs he kne-w perfectly well what he was about. If they were convinced that theprisoner had mixed the poi- son intentionally, and knowing what he was about, they must find him guilty; but if they thoughtr that from any other cause, by mis- take or by derangemnent, he did no, know what he was about at the time he rnixed it, he would not be liable to be fousad guilty. Eie then. told the Jury that they weTe again at libertv to retire.' At 20 minutes past nine o'clock the J3ry returned into court. After their namnes had been called over, their foreman declared that their verdict was " PNot g-ilty." hlr. Justice BAYLLEY then tumned to the Jury, and addressed them as follows:-_'" Gentlemen of the Jury-I cannot help sayiny g that, on examining all the circumstances of this case, the concdusie which you have come to is alsa the cone usion wvhich I should have come to [a ai,ght clappinte of hands was heard in the court.1 S.- hence. Nothing is so improoer aS to express either approbatio o disapprobat-on 'ailen a Jur' i'eturm their verdict. rt neuro ouwght to infiuence those who are engaged in the-dmtini&tration of Justsoe, and it never ought to be practised by Othe. wgho witness the exer- ciseeof itn" The court, which had been crowded during the whole day, and which, from the awkwardness of its construction, was intQ1e-blv hot, was immediately deserted by all the spectators. After-the ver7. dict of acquittal had been recotded, the prosecutors said tta;t as they had failed in establishing the capital charge against tlth prisoner, the' should not proceed to put him on hia trial on the bhi of indict- Inent, which had been found a 'ainst him for the mis6emeanor. A verdict of Not Guilty was therefore taken upon tat bill alo. SUMMER ASSIZRR. _ immA TIr -m --c -