Chapter XXI: Part III (3)

Were there many? were there several or only one, or were there two or three?—There were many, in different parts of the stomach.

Was there any thing else you discovered?—On examining the villous, or internal coat of the stomach, we found it softened, and in some parts nearly destroyed by the action of some corrosive substance. The stellated inflammation was on the nervous coat, but was very visible through the villous coat.

Are we to understand that the villous coat is, in general, not so soft? what should its natural state be?—It should have been much more firm than we found it.

In what way did you examine the villous coat?—With the nail of my finger, and it easily came off.

And in its proper state would it come off easily with the nail of a finger?—No, Sir. We examined particularly the under part where the fluid was.

Was it generally in that soft state?—The greatest part of it was so.

(By Mr. Justice Abbott.) The under part is where any thing in the stomach would rest and would touch?—Yes, my Lord.

(By Mr. Sergt. Lens.) Did you observe any particularity in the appearance?—The blood-vessels of the stomach were rather in a more turgid state than they should be naturally. We also examined the liver and lungs, and both appeared in a sound state.

Did you examine the heart?—I do not recollect; I am not quite certain.

Do you think that any thing affected it?—I did not examine it, that I recollect.

Did you give any directions as to what was put into the basin?—After examining the contents of the stomach, which were put into the basin, we poured them into an earthen jug.

And your attention was particularly drawn to that in the basin?—I placed the jug upon a chair, on which there was a cushion; and I took particular care that, as the seat was elastic, it should rest against the back, so as not to fall; and I said at the time that it must be taken particular care of, as it was necessary for me to examine it.

Was that said to any one in particular, or was it said generally?—Particularly to Mr. Donnall; we were very near each other.

Was there any other person present but you three?—Not at that time.

(By Mr. Justice Abbott.) The prisoner, Donnall, was in the room at that time?—Yes, my Lord.

(By Mr. Sergt. Lens.) What did you proceed to do then?—We proceeded to examine the intestines, and found them also inflamed in different parts, particularly that part which was next the stomach, and some others that were lower down.

Could a patient be sensible of the existence of such an inflammation, or might it remain for any time, and the patient be perfectly well?—That is impossible; a patient could not be well with such an inflammation existing.

Could you judge at all of the length of time in which, in the common course of nature, such an inflammation could be produced by any natural cause? could it be produced by any natural cause?—Not in the time.

Such an inflammation could be produced by a natural cause, but not within the time?—Not within the time.

What sort of substances will produce that sort of inflammation in so short a time, not being natural causes?—Any active poison.

Could it be produced by any thing short of an active poison in any time, or within so short a time?—I think not.

Did you proceed then to see whether there was any thing to be discovered of an active nature?—I then turned to the contents of the stomach which I had placed in a jug.

(By Mr. Justice Abbott.) Then your back had been to the jug?—It was behind, or rather on my left side.

(By Mr. Sergt. Lens.) When you had turned round, did you find it in the same situation?—Yes, I found it in the same situation, but I was surprised to see it empty.

Did you express that surprise to any body?—I expressed it to Mr. Donnall, and asked him what had become of it, and he told me he had thrown it into the chamber utensil; I observed to him that he ought not to have done so, as I had before said that it must be carefully preserved; and I observed to him also, that it would give me a great deal more trouble, as I must evaporate a larger quantity of water than I should otherwise have had to do, to get at the object of my search.

Can you tell us what the quantity was in the basin, and what the quantity was afterwards?—It was a little more than half a pint originally.

And what was the quantity when mixed with the other water?—Nearly two quarts. The chamber vessel was clean when I came into the room.

What had occasioned any used water in it?—I threw some of the water into it, in which we had washed some part of the intestines.

What was then done with it?—As soon as we had finished the examination, I left it to Mr. Street’s charge, who told me he would take care of the contents of the stomach.

You did not see them again till they were at your own house?—No, not till they were brought there in two bottles. I recollect putting this chamber utensil further under the bed, in order that it might not be disturbed, and desired that no one should touch it or go into the room, during our absence, Mr. Donnall still remaining. Mr. Donnall had been out of the room once or twice.

But was he there when that direction was given?——Yes, Sir.

Did you afterwards, and when, proceed to examine the contents of the two bottles?—It was two days before I had finished that examination.

How soon afterwards did you see it in the two bottles in your house?—On the same day that we examined the body.

Did you upon examination trace any thing of the sort that you looked for?—I examined it in different ways by chemical tests, and they all shewed the presence of arsenic; if necessary I will state the method I followed.

In consequence of the experiment, you detected it to be arsenic?—Arsenic in solution but not in substance.

How did you detect it?—I tried it by chemical re-agents that would produce a certain colour when arsenic was present.

In general, upon that part of the subject, what is your opinion of the cause of the death of this lady, from your observation on what you took away and examined afterwards?—From the appearance of the stomach and the examination of its contents, I have not the least doubt that it was produced by poison.

Independently of that appearance to be arsenic, what is your opinion of the general appearance, so as to judge of the cause of the death?—I have no doubt that the death was produced by the effects of arsenic.

Could you have formed any judgment independently of the analysis, or is this latter part necessary to your judgment?—I should have believed, from the examination of the stomach and intestines only, that the death had been produced by some corrosive substance.

Should you have been of opinion, without any analysis, but from the general appearance of the stomach, that she had died of poison?—I should certainly have been of that opinion.

But not arsenic in particular?—No; but some corrosive substance.

Could that corrosive substance have been produced in the body itself, or must it have been administered from without?—It is not possible that it should have been produced internally; it must have been introduced from without.

(Cross-examined by Mr. Sergt. Pell.)

I think you said, that you found this lady’s pulse frequent and fluttering?—Yes, Sir.

The medicine you prescribed for her was of a purgative nature?—Yes.

How often would she have had to take that medicine, between the time you gave that prescription and the time when she died?—I gave her the prescription for every four hours, but I left instructions to give it every three hours.

Is that the prescription? (_shewing it_)—Yes, Sir.

Be so good as to mention what are the materials—or first, what is the nature of that complaint, called Cholera Morbus?—It is generally produced in hot seasons, by bile getting into the stomach, and causing irritation in the stomach and bowels.

Is not cramp sometimes a symptom of a violent bilious attack?—Cramp often comes on in violent irritations of the stomach and bowels, whatever may be the cause of that irritation.

Is not cramp a certain symptom of a violent bilious attack?—It very often accompanies it.

(By Mr. Justice Abbott.) Cramp of the legs generally arises from those causes?—Yes, my Lord; most frequently from a violent action of the stomach.

(By Mr. Sergt. Pell.) Might it not arise from a bilious disorganization of the stomach?—Yes.

This complaint of Cholera Morbus may proceed to a very painful degree?—It may kill.

Is it a very painful complaint?—It is a very distressing complaint.

As far as you have had an opportunity of visiting patients, do you know it to be a painful complaint?—It produces cramp, which is painful, and it certainly produces pain in the stomach and bowels by its violent action.

Do you apprehend that a purgative medicine would be a proper medicine for a person in that situation, supposing it to have been Cholera Morbus?—There were no symptoms of Cholera Morbus when I saw Mrs. Downing; but from what I heard of her complaint, I imagined that there was something offensive either in the stomach or bowels, which ought to be evacuated.

Were ten drops of laudanum a proper thing to give her?—It is sometimes given to allay the irritation of those parts.

Might not a powerful administration of laudanum be of use in Cholera Morbus?—Seldom, I think, in large quantities, but is given in small doses frequently, if the case be urgent.

I think you have stated, that the result of your chemical experiment was not the production of any gross arsenic, or arsenic in substance?—Not arsenic in substance.

And you judged from the application of chemical tests?—Yes, Sir.

Be so good as to state what the chemical tests were which you used?—The first was with the sulphate of copper, which is the common blue vitriol. If you put a little carbonate of potash into water containing a solution of arsenic, and then add the sulphate of copper in solution, a _green_ precipitate will be produced; whereas, if no arsenic be present, a _blue_ precipitate would be formed: that was the first test which I used.

What was the second test?—The second test was with the nitrate of silver, or common lunar caustic, (these are the same in substance, but the lunar caustic is the more common term). Put a little carbonate of potash into water containing arsenic in solution, and dip the end of a cylindrical piece of lunar caustic into the water, a _yellow_ precipitate will be produced; whereas if no arsenic be present, a _white_ precipitate would be formed. Those were the chief tests which I used; but in order to ascertain whether any thing which had been taken into the stomach, or was naturally contained in it, would alter the appearances produced by the tests, so as to make the result uncertain, I tried other experiments. I concluded that bile formed part of the contents of the stomach; I therefore procured some and mixed it with water, and subjected it to the same tests in the same manner, and I found that the appearance of the precipitate was not the same as if arsenic were present; I therefore inferred that bile, in the quantity in which it may occasionally be found in the stomach, would not alter the conclusion I had drawn from the result of my first experiments.—I was informed that Mrs. Downing had eaten onions; I boiled some in water in the usual way, and after pouring off the water in which they were boiled, I poured some boiling water on them, and let them stand for some hours; I then ascertained what effect this water would produce on the tests, and was satisfied that it would not, when the experiment was carefully made, produce the appearance of arsenic.—I also understood that some tartarized antimony had been given; I tried the tests with a solution of that substance, and the precipitate had not the appearance which arsenic, if present, would put on.

Do you happen to know who was the first person who discovered these tests?—I believe Mr. Hume discovered that with nitrate of silver.

Do you know Dr. Marcett?—Yes, I know him from his writings, to be a clever man.

You don’t happen to know whether he first discovered this mode?—No.

Do you know of any mode of managing any fluid substance, in which arsenic has been mixed, so as to produce arsenic in substance?—By evaporating the solution containing arsenic, and by exposing it to heat in a close vessel, you will produce it in a white solid state; and by mixing the residuum of a solution of arsenic with an inflammable substance, arsenic will be sublimed in its metallic state by the same process.

The result of that experiment would not have deceived any one in the world?—It would not certainly; but there was such a small quantity left, after my other experiments, that it was not tried.

It would have produced it, so that any person would know the thing to be arsenic?—Certainly.

You mix the fluid, in which the arsenic is, with an alkali, when you seek to re-produce the mineral in substance? you mix the solution with an alkali, don’t you?—No; there is no occasion for an alkali.

You put it in solution and expose it to heat?—If the arsenic be in solution, it must be evaporated; and by doing that which I have before stated with the residuum, it will be produced in its metallic state.

With respect to the other tests, do you consider those as conclusive and infallible?—Yes, in the way I used them.

This business, of course, must have made a great bustle in Falmouth, when people first talked about it?—Yes, Sir.

When were you examined before the Coroner?—Upon the same day of the funeral, and on the Thursday preceding. I begged the inquest might be put off for two days, till I had examined the contents of the stomach; and it was put off for two days.

You were examined, I believe, before you made the analyses?—I remember that I was examined on the Thursday as to the appearances I found on the stomach.

Can you recollect whether you did or did not state, before the Gentlemen of the Jury, that the appearances of the stomach were such as proceeded from a natural cause?—No, certainly not.

You did however desire that it might be postponed two days, that you might make some experiments on the contents of the stomach?—Yes, Sir.

Are persons, particularly women, of an elderly time of life, more subject to the attack of Cholera Morbus, than people who are young?—There is very little difference.

The age of the person does not predispose him or her more to that complaint, than a youthful person?—No, I don’t think it does; it is rather the contrary.

You say there was nothing in the chamber vessel but water that had been poured in, with which you had washed some parts of the stomach?—I poured the water in myself, at a time when I believe it was empty.

Mr. Sergt. Pell—So that the effect of it would be only to give more trouble in evaporating a greater quantity of fluid, it having been made before.

(Re-examined by Mr. Sergt. Lens.)

You have been asked several questions about the nature of Cholera Morbus; do you change your opinion, in any respect, as to this not being Cholera Morbus that occasioned the death?—I do not.

You have been asked particularly about a third test that you did not make use of; I wish to ask you how it happened that you did not resort to that test as well as to the others?—There was not sufficient left so as to ascertain it accurately.

So that that last test would not be so proper as the others?—The tests I used would detect a more minute portion of arsenic, and therefore were more proper for that occasion, as I found that there could not be much arsenic in the fluid, from the appearances produced by these tests.

And that was the reason that you resorted to those tests instead of this last test, which you did not use?—Yes, that was the reason, when I found by the other tests that the arsenic was not in a large quantity.

Had the quantity been larger, how would you have proceeded?—I should have resorted also to the last if there had been a larger quantity.

(By Mr. Justice Abbott.) The portion detected was very small?—Yes, my Lord.

Do I understand you to say that it was so small that you did not think it fit to try the other test, or that of evaporation?—That was my reason. I accounted for the smallness of the quantity of poison in this way—from the frequent throwing up, and the purging, which would carry off large portions.

Suppose the contents of the stomach had been suffered to remain in the jug as you had put them, unmixed with any quantity of fluid, would it have been more easy to perform the experiment, and securing its effect?—There would be the same result, but a difference in regard to the length of time that it would take to evaporate.

After having tried and made use of these tests, would it have been practicable still to have tried the test by evaporation and sublimation?—I did not do it as the quantity of fluid was so small, and I did not conceive that a small quantity would do. If I had evaporated the whole of it in the first place, I might perhaps have detected arsenic in substance; but I had made use of a great quantity in trying the other tests, which I threw away.

That would not have been proper to have tried again, that which had been tried before?—It would not have been so easily done.

The application of the lunar caustic in the one instance, and the sulphate of copper in the other, would not have prevented the other operation?—It would not have been so correct.

Do you happen to know that the prisoner, Mr. Donnall, ever desired that any other test should be applied?—I don’t recollect that he did; but some one came to my house, and requested me to give him a part of the contents of the stomach to try it, but I had none.

If any application was made, it was too late?—Yes, my Lord.

Was any person with you when you tried these tests?—Mr. Street, a brother of the gentleman I have spoken of, was with me.

That is Mr. Samuel Spyvee Street?—Yes, my Lord.

Any other person, at the other time of the experiments?—Mr. John Street was present at the other.

(_Witness withdrew._)

_Mr. John Street_ (examined by Mr. Gazelee).

You were a surgeon?—Yes, Sir.

How long have you been retired from that profession?—About five years.

Was any application made to you to attend the opening of the body of Mrs. Downing?—Yes, Sir, there was.

Who applied to you?—Mr. Donnall.

Upon what day did he apply to you?—Upon the Thursday.

To assist him in opening the body?—Yes, Sir.

What time did you go to the house?—Mr. Donnall called upon me about half-past one o’clock upon the Thursday, and I went to the house about two o’clock, or half-past two.

Whom did you find there?—Mr. Donnall and Dr. Edwards.

The operation was performed by Dr. Edwards?—Yes, and I assisted him.

Do you remember the circumstance of the contents of the stomach being taken out and put into a jug?—Yes, I do.

What became of the jug, or was any thing said about it?—Dr. Edwards poured the contents of the stomach into a jug, and requested it should be taken particular care of, addressing himself particularly to Mr. Donnall, who was very near him.

After that, did you proceed to examine the stomach itself?—We did.

Describe the appearances upon the stomach?—After opening the stomach, I perceived it to be very much inflamed, and remarked it to Dr. Edwards, and also to Mr. Donnall, who was upon my right hand, that the inflammation was very extensive, and the blood-vessels very turgid; there were stars, and the villous coat very highly inflamed; that was the appearance of the stomach; we then examined the Duodenum, we found that very much inflamed; the Jejunium and Illium we found but slightly inflamed; the Cæcum was the next part that we opened, that was inflamed but slightly.

(By Mr. Justice Abbott.) Those are the parts of the body connected with the stomach?—Yes; after that we opened the chest to examine the heart, liver, and lungs, and we found them in a perfect state.

(By Mr. Gazelee.) From those appearances, could you form any judgment as to what was the occasion of the death of the deceased?—From the appearances I should attribute the death to some corrosive matter taken into the stomach.

You found that the contents of the jug had been removed into a chamber utensil, did you not?—Yes.

That chamber vessel was afterwards removed further in under the bed?—Yes, Sir, by Dr. Edwards.

Did you and Dr. Edwards go out of the room together?—We did, and Dr. Edwards remarked that he wished nobody to go into the room when we were out of the way; he said this to Mr. Donnall, “You’ll observe that nobody is to go into the room while we are away.”

(By Mr. Justice Abbott.) Did you leave the prisoner in the room!—No, my Lord; we all went down together.

(By Mr. Gazelee.) Dr. Edwards and you went over to the town-hall together?—Yes, Sir.

How long did you remain there, till you returned?—About three or four minutes.

Did the Jury come back with you?—Yes, Sir.

Did you again go to the Town-hall?—Yes.

How long might you be absent the second time?—About ten minutes.

At the expiration of those ten minutes, did you return to the room for any, and what purpose?—I returned to the room to do what was necessary to Mrs. Downing, and to put her into the shell.

Did you do any thing then?—I did; after putting Mrs. Downing into the coffin, I told the servant to get me some bottles, which she procured, and I then poured the contents of the chamber utensil into a jug, and then into two bottles; they filled both bottles; they were two quart bottles.

Did you find any person in the room when you came back?—No person.

What became of the bottles?—I told the servant to deliver them to Dr. Edwards.

What is her name?—Susan Weeks.

Mr. Gazelee—Her name is now O’Brien, having been since married.

Did you see her go with them?—I saw her within a hundred yards of Dr. Edwards’s house with the bottles.

Were you present when any of the tests spoken of by Dr. Edwards were tried by that gentleman?—Yes, I saw him try some of them.

(By Mr. Justice Abbott.) Which of them did you see?—I am not chemist enough to say; but I saw him try some, and he told me before what would be the effect.

(Cross-examined by Mr. Gifford.)

When you poured the contents of the chamber vessel into a jug, did you find the chamber vessel in the same state as when you left?—I think it was.

(_Witness withdrew._)

_Dr. Edwards_ re-called, (re-examined by Mr. Justice Abbott.)

I wish to ask you this question, whether arsenic may be administered in a fluid state?—Yes, my Lord, it may.

The usual way is in grains or in powder, but it may be administered in a fluid state?—Yes, my Lord; it may be dissolved in water and administered.

May such a solution be made very strong?—If it be dissolved in hot water it will contain a large portion; but if in cold water it will not hold more than in the proportion of one-eightieth part of the water.

When you obtain a solution of arsenic, what quantity will be contained in the hot water, or what quantity of that water would be sufficient to occasion death?—I cannot say exactly.

Two or three tea-spoonsful?—Very little more than that, I should suppose.

Two dessert-spoonsful?—I dare say it would.

A table-spoonful?—Yes, my Lord. If an alkali be dissolved in the water first, it will hold a larger proportion in solution; but if dissolved in the common way, I should think a table-spoonful would be sufficient to produce death.

(_Witness withdrew._)

_Dr. Edwards_ again recalled, (re-examined by Mr. Justice Abbott.)

Did the body of the deceased swell at all before it was opened?—No, my Lord, it did not.

Was there any discharge from the nostrils, or any symptoms of putrefaction?—None at that time: and as to the discharge from the nostrils, I did not observe any.

In your judgment, could there be any thing in the appearance of the body which could lead a medical man to say that it was necessary to procure a shell immediately?—I should think not.

In case of death by Cholera Morbus, does putrefaction take place early?—I never observed it.

Mr. Justice Abbott.—Then you don’t know it, either one way or other, to say how that is.

(_Witness withdrew._)

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EVIDENCE FOR THE DEFENCE.

_Dr. Adam Neale_ (examined by Mr. Sergt. Pell).

I believe you are a physician at Exeter?—Yes, Sir.

Have you, in the course of your medical experience, been called upon to attend cases of Cholera Morbus?—Yes, frequently.

From what cause, in general, does Cholera Morbus arise?—It generally arises from putrid bile collected in the intestines, which is thrown off by vomiting, and diarrhœa, or purging.

Is it a disorder which is in its nature fatal?—It is the most acute disease known in Great Britain.

What do you mean by the term ‘acute’?—I mean by the term acute, a disease which runs its course in the most rapid manner.

What should be the usual course of attack of Cholera Morbus as to duration, supposing the patient ultimately died of it?—It very frequently kills the patient within twenty-four hours, and if neglected or improperly treated, it kills the patient in a much shorter period.

What should you esteem a reasonable symptom of a person of the age of 64 or 65 having this complaint? what should you expect to find in a person with this complaint?—Constant vomiting and purging, attended with pain in the stomach and cramp in the legs.

In that state of the disorder, what should you prescribe?—I should prescribe that the patient drink plentifully of any warm fluid, such as mutton-broth or tea, and then I should give a large dose of opium.

Supposing you were called in to attend a woman with the symptoms you have mentioned, whose pulse was frequent and fluttering, what would you prescribe?—I should then give her a large dose of opium, and I should repeat it at intervals, until the retching, vomiting, and diarrhœa ceased, or till she felt better.

I shall not trouble you, nor my Lord, by going through the particular circumstances which Dr. Edwards has spoken to, but merely ask you, had you the pleasure of hearing his evidence?—I had.

Did you hear distinctly the description he gave of the appearance of the stomach, after it was opened?—I did.

To what cause should you, independently of other circumstances, have attributed those appearances?—To no cause but the disease.

(By Mr. Justice Abbott.) What disease?—To the disease of Cholera Morbus.

Do you mean to say that they are indications of nothing else?—No, my Lord.

They are indications of that disease as well as others?—Yes, my Lord.

(By Mr. Sergt. Pell.) Would Cholera Morbus have that appearance?—I think so.

(By Mr. Justice Abbott.) Did you ever see the body of a person opened, who had died of Cholera Morbus?—I have not, my Lord.

(By Mr. Sergt. Pell.) Have you had, in the course of your practice, occasion to make experiments in chemistry?—Yes, Sir.

Did you hear the first experiment, or test, which Dr. Edwards stated he had made, namely, that by the sulphate of copper?—Yes, Sir.

In your judgment, is that test an infallible test of arsenic being present in solution?—By no means.

Have you heard of the other test which he tried, namely, that by means of the nitrate of silver, or the lunar caustic?—I have.

What is your judgment of that species of test as to arsenic?—That it is equally fallible.

Now as to the test with bile?—No [meaning, that test is not infallible]: from the presence of phosphoric acid, the same yellow-coloured precipitate will be thrown down, if some lunar caustic be put into a solution of phosphate of soda.

What do you esteem to be a complete test of arsenic being held in solution in any complicated body?—I don’t conceive that there is any complete test, but the evaporating of the solution, and reproducing the arsenic in its metallic state.

Have you made any experiment upon any mixture, through the medium of nitrate of silver, or the lunar caustic, in which onions have been infused?—Yes, with a decoction of onions.

Be so good as to state particularly what that experiment was which you made?—I made it within the last five days; I made a decoction of onions, and added the carbonate of potash together with the lunar caustic, and a pale yellow cloud was produced; the liquor became opaque, and a cloud, of a colour between white and yellow, or opal, or precious stone colour, was produced.

(By Mr. Justice Abbott.) Through the whole body?—Yes, my Lord; I then varied the experiment and added to it the phosphate of soda.

(By Mr. Sergt. Pell.) After this opaline cloud had been produced, what other effect had it?—It precipitated gradually; there was a precipitation.

(By Mr. Justice Abbott.) This dark shade, or yellowish white cloud, precipitated to the bottom?—Yes, my Lord.

Was that of the nature of what you call precipitation?—Yes, my Lord.

(By Mr. Sergt. Pell.) Well, Sir?—I added some solution of phosphate of soda, and a solution of lunar caustic, and I then obtained a yellow precipitate.

(Cross-examined by Mr. Sergt. Lens.)

I understood you to say that you never did, in point of fact, examine the body of a person that died of Cholera Morbus?—I never did; I only conclude, as a matter of science, that such would be the appearance; but I never did, in point of fact, open the body: I only conclude that that would be the sort of inflammation.

Now, as to this decoction of onions, would one taking rabbits smothered in onions be said to be taking a decoction?—The juice of the onions would be conveyed into the stomach: perhaps it would be as well to explain to the Court what is my motive.

(By Mr. Justice Abbott.) We don’t want that: we only want to know whether a decoction be the same as that which would be conveyed by eating boiled onions?—The same fluid would be conveyed into the stomach.

(By Mr. Sergt. Lens.) That is, a decoction of onions?—Yes, Sir.

But the greatest part is drawn off by the preparation?—Some must infallibly remain. The experiment I made was, by cutting an onion into various pieces, and putting it into two wine-glassesful of water, and upon that decoction my experiment proceeded—or by pouring boiling water over it, or boiling it for two minutes, and then I tried the experiment both with the liquid and with the boiled onion, and the effects were the same.

So that the small quantity that remained in the one case, had the same effect as the extract in the other?—Yes, Sir.

That which is used at table must be considerably weaker than that sort of preparation?—A considerable part, but not the whole, otherwise the flavour would be all gone.

(By Mr. Justice Abbott.) In proportion as the strength and flavour is diminished, so is the strength of the juice diminished?—Yes, my Lord.

(By Mr. Sergt. Lens.) Do you mean to say that that mode [the test by evaporation] is absolutely an infallible mode of detecting arsenic?—I speak by the practice of all physicians, both at home and abroad, that it will be positively detected by that mode to be present; but I don’t mean to say that Dr. Edwards’s experiment won’t do it also; but the phosphate of soda will produce the same thing.

Of course, if necessary to inquire as to the fact of its presence, whether it be pursued by one or the other of these modes, you would inquire into collateral circumstances?—Certainly; but if you speak chemically, I should conceive none decisive, without the reproduction of the metal.

In your judgment, this is the best test that can be resorted to?—I don’t speak from my own judgment merely, but from acknowledged experiments.

Is there any considerable portion of the phosphate of soda in the bile?—Phosphoric acid exists in all the fluids of the human body, in the blood and other fluids; I cannot say to what degree it may exist, but it certainly does exist in these, and in the bodies of all animals.

Does it exist to such a degree in the human bile, as to produce this effect?—I have not made the experiment.

You have not made any experiment, either in one way or another?—It is necessary that I should mention that a French chemist, named Denard, has published on this subject.

Mr. Justice Abbott.—We cannot take the fact from any publication; we cannot take the fact as related by any stranger.

(By Mr. Sergt. Pell, through Mr. Justice Abbott.) I wish to know whether Dr. Neale, in the course of his practice, has opened many bodies, the stomachs of which were in a state of inflammation?—I have, a great many.

Were those appearances the same as described by Dr. Edwards?—They were; I have seen many instances where they were the same as described by Dr. Edwards.

And that in cases in which there was no reason to suppose that there was poison administered?—No reason whatever, my Lord.

Were you ever present at the opening of the body of a person who was supposed to have died by poison?—I was many years ago, when I was in Scotland, and when I was a young man; but the appearances were not such as to satisfy the medical men that there was arsenic.

Is there any other substance, except this phosphate of soda, that will throw down this yellow precipitate?—Not that I am aware of.

Sulphate of copper was not an infallible test, you say; explain that?—If sulphate of copper be contaminated with iron, or be not pure; if it be mixed with the carbonate of potash in solution, a yellow precipitate would be produced, and the two colours will produce green. I should also state that in mixing the solution, if the sulphate of copper should be added to a decoction or an infusion of onions, with a small quantity of the carbonate of potash, a green precipitate is also produced; I have tried it repeatedly.

Supposing a person to have been eating boiled onions for dinner, and in the course of the night to have been vomiting or purging to a violent degree, would any particular portion of the juice of the onion be left in the stomach?—Not in the stomach in a great proportion; but I think that enough may remain to affect the chemical test.

Notwithstanding the mixture of the onions with other food, there is sufficient to effect that in some degree?—Yes, my Lord.

(By Mr. Sergt. Lens, through Mr. Justice Abbott.) You have stated that you have seen many bodies opened, in which the stomach was in a state of inflammation, and in the state described by Dr. Edwards, and yet no actual poison present in those cases; what has been the state of the villous coat of the stomach in such cases; have you attended to that?—No, I have not.

Then you have only observed as to the inflammation and so on, but not to the villous coat of the stomach?—Exactly so, my Lord, and not to the villous coat of the stomach.

_Witness withdrew._

_Dr. Daniel_ (examined by Mr. Gifford)

You have been for many years a physician at Exeter?—Yes, Sir.

And of considerable practice there?—Yes, Sir.

Have you in your course of practice attended many persons attacked with Cholera Morbus?—I have.

What are the symptoms attendant upon that disorder?—Usually considerable vomiting, affections of the bowels, purging, pains of the stomach, great thirst, and cramps or spasms of the legs.

Where you find a patient violently attacked by those symptoms, what would be the medicines you would administer—I should undoubtedly direct full doses of opium, to remove the irritation, and to check the discharge.

If you found a patient with a frequent and fluttering pulse, should you so administer?—Most undoubtedly.

Have you heard the symptoms which Mrs. Downing is described to have had the evening before her death?—Yes, Sir.

May I ask you whether those be the symptoms of Cholera Morbus?—They certainly are the symptoms of Cholera Morbus.

(Cross-examined by Mr. Gazelee).

Are these the symptoms of Cholera Morbus exclusively—No, Sir; they are symptoms of arsenic, or any poison.

(By Mr. Justice Abbott.) Within what period of time does Cholera Morbus usually produce death?—Within my experience, I have seen it nearly fatal within fourteen hours.

Within what time have you known it fatal?—I have never known it fatal: I have known a patient in imminent danger within fourteen hours, but he recovered.

In what way does that disease usually shew itself? does it begin all at once, when the person is in good health, or gradually?—I have known it rather sudden, after an illness of an hour or two.

Have you ever known an instance of a person in good health, eating a hearty dinner, and then sitting down to tea, taken instantly with vomiting and purging in that way described?—I have seen a case very similar to that.

When you say very similar, will you be good enough to explain that a little more?—It occurred in my practice eight years ago, to see a gentleman who was seized with sickness and nausea about five or six o’clock in the afternoon; the sickness and nausea continued increasing till one or two in the morning, and I was desired to see him; and from two to four o’clock I considered him in such danger that I had no hopes.

That does not apply to my difficulty; I want to know what the state of health of that patient would be—that is, whether he would be troubled with a languor or illness, which a person does not very well understand; or whether that person would be, just before his being so seized with it, in perfect good health?—That gentleman whom I mentioned had been delicate in his health, but had had no positive complaints.

Cholera Morbus proceeds from bile?—From bile and corrupt humours.

Will they collect all at once?—They will shew themselves collectively within a very short period of time.

(By Mr. Gifford.) I believe you knew the prisoner at the bar, when attending the Hospital at Exeter?—Yes, Sir.

Had you an opportunity of seeing him frequently?—Occasionally.

Did you know his character for humanity and tenderness?—He always appeared to me to have rather an unusual share of humanity and tenderness; and such was the character which he held in the Institution.

(_Witness withdrew._)

_Mr. John Tucker_ (examined by Mr. Sergt. Pell.)

You are a surgeon living at Exeter.—I am.

And a member of the Royal College of Surgeons?—Yes, I am.

You have heard the symptoms and circumstances first described by Dr. Edwards and Mr. Street?—Yes.

From the different facts which both those gentlemen have spoken to, as to the state of the stomach of the deceased when opened, what disorder should you have supposed that person to have died of?—From some inflammation in the stomach.

What disorder of the human frame, in your judgment, would be likely to produce such appearances?—Hernia, Cholera Morbus, and idiopathic inflammations, or inflammations from unknown causes; that is, when we find those appearances of the stomach where we can assign no causes.

Now supposing a person to have had violent retchings and purgings, accompanied with a pain in the stomach, and accompanied with such appearances as these in the stomach, if the body had been opened to what causes would you attribute it?—To Cholera Morbus, if I had not detected Hernia.

(By Mr. Justice Abbott.) You mean to say that if you had found the stomach in the state described by Dr. Edwards, you would ascribe that to Cholera Morbus?—Yes, my Lord.

(By Mr. Sergt. Pell.) You have heard it stated in evidence what the plan was that Mr. Donnall pursued, when he administered medicine to Mrs. Downing that night?—I have, Sir.

Was that the right or the wrong one?—It was partly right, and partly wrong.

In what respect was it right?—In the exhibition of opium.

In what respect was it wrong?—In giving any thing that would increase the irritation that already existed.

Have you seen the prescription which Dr. Edwards wrote that night?—No, I have not; but I would wish to see it—(_here the prescription alluded to was shewn to the witness_).

Now supposing a person to have retchings and purgings for several hours, and that you found these attended with frequent and fluttering pulse, in that state of the illness what should you have prescribed?—I should have prescribed diametrically opposite to the prescription of Dr. Edwards; I should consider that prescribed by Dr. Edwards as adding weight to a porter’s back.

Mr. Justice Abbott (_to the witness_)—Don’t speak metaphorically; you are speaking just now of a gentleman of experience and respectability: I don’t wish you to conceal your opinion, but only to speak it in different language.

(By Mr. Sergt. Pell.) You should have pursued a method diametrically opposite you say; now what is the course pursued by that prescription?—There was irritation already existing in the bowels, and that prescription, I conceive, would tend to increase that irritation.

Besides tending to increase the irritation, in your judgment what other effect would be produced by it, in that state of the person?—There was considerable debility or exhaustion, and I should think _that_ would increase that debility and exhaustion.

What should you have given?—I should have supported the patient, and given opium in large doses.

Have you had an opportunity of examining many bodies after death?—A great many.

I will ask you, did it ever in the course of your practice happen to you to examine a body that had died of Cholera Morbus?—I attended a patient, but I can state the reasons why I did not do so.

Don’t state the reasons why you did not. Then you never did open any body that had died of Cholera Morbus?—Never.

You have opened bodies after death?—Yes, Sir, a great many.

In cases of mere accident, where death has been produced by violent injury arising from accident, have you ever had occasion to ascertain the state of such a body as that?—I have.

How long ago?—Eight or nine years ago.

What was the accident that occasioned the death?—A fractured skull.

How long after the death was the body opened?—It was either upon the second or the third day.

What was the state of the stomach of that person?—Highly vascular, which would lead any one unaccustomed to the complaint, to mistake it as arising from inflammation.

Now explain what you mean by the terms ‘highly vascular’?—The congestion of numerous blood-vessels.

Is there any thing as to the state of the hardness or softness of the coats of the stomach, upon which any judgment can rest?—I should suspect that as it is inflamed, the coats of the stomach would be thickened and soft; for as the inflammation takes place, the parts increase in size.

Have you examined the bodies of soldiers, or of any description of persons, who have died of that complaint?—Yes, I have.

What would be the state, with respect to inflammatory appearances in the stomach, of those subjects?—We generally find the coats of the stomach red and thick; we very often, but not always, find it where there is no reason whatever to suspect inflammation.

Have you applied yourself to the study of chemistry very much?—Not very much; but I have attended chemical lectures.

Do you happen to know whether the chemical test through the medium of nitrate of silver, or lunar caustic, is an infallible one or not, as to shewing the presence of arsenic in solution?—I conceive it not to be so.

Do you recollect who it was that first proved this test?—I don’t know who it was that proved it first; but the first time I ever saw it described was in a medical publication by Dr. Marcet, lecturer in Guy’s Hospital.

Do you happen to know whether there be any thing else, besides arsenic, which, if submitted to the lunar caustic, would produce the same result as it would with arsenic?—I do.

What else?—If there be any alkaline phosphate, it would put on the same appearance, and throw down the same yellow precipitate.

Do you know whether phosphoric acid and salts be contained, or abound in the human frame?—I have been led to believe so.

Did you hear Dr. Edwards give his evidence as to the test also of the sulphate of copper?—I did.

Have you made any experiments as to the sulphate of copper?—I have.

We have been told that the sulphate of copper, when added to any liquid or fluid containing arsenic, will throw down a green precipitate?—Yes, it will have that effect; and I have made that experiment.

Have you made any experiment in order to ascertain whether any green precipitate would be thrown down by sulphate of copper, when applied to any other solution than that of arsenic?—I have tried it with an infusion of onions and animal matter.

(By Mr. Justice Abbott.) What was the result?—A green precipitate resembling that which would have been thrown down, if arsenic had been present.

(Cross-examined by Mr. Sergt. Lens.)

Did you happen to attend when Dr. Edwards was the chemical lecturer at St. Bartholomew’s Hospital, in London?—I was a student in the Borough, at St. Thomas’s and Guy’s.

Then you did not attend yourself, when Dr. Edwards was the chemical lecturer at St. Bartholomew’s?—No, I did not.

Do we understand that you made those experiments previous, or since this circumstance happened?—Both previous to, and since this melancholy circumstance; and particularly that with the nitrate of silver; and I thought it one of the most delicate at the time I made it.

(By Mr. Justice Abbott.) That is the lunar caustic?—Yes, my Lord. When I first made the experiment, about three years ago, I found it the most delicate test of arsenic.

What do you mean by the most delicate test of arsenic?—That is, the smallest portion would be detected by it.

(By Mr. Sergt. Lens.) You found that at first?—Yes, but I have since discovered its fallacy; and it was pointed out by the same means which discovered its delicacy as a test, because it is now ascertained that something else will produce the same appearances.

You have mentioned what?—Yes, any alkaline phosphates.

(_Witness withdrew._)

_Mr. Joseph Collier Cookworthy_ (examined by Mr. Gifford.)

I believe you are a physician at Plymouth?—I am.

You have been present during the course of this trial, and have heard the examination of Dr. Edwards?—I have.

You have accordingly heard the tests that he applied to the contents of the stomach of Mrs. Downing?—I have, Sir.

Now I would ask you whether, in your judgment and experience, those tests be or be not conclusive?—I am satisfied that they are not.

When I ask you whether or not they be conclusive, I mean as to the existence of arsenic?—I am certain they are not, and that they do not unequivocally shew the existence of arsenic.

Do the same results follow from experiments from other compounds?—They do.

What, in your judgment, is the proper test by which the presence of arsenic would be discovered?—I am borne out by all philosophical chemists in this country, in stating that the only test that can bear a man out in swearing to its presence is, the reproduction of the metal; I mean the arsenic in its metallic state.

In the other tests is the colour of the precipitate the only thing by which to judge that arsenic is present?—In what tests?

The sulphate of copper for instance?—Unless it were mixed with some carbonaceous matter, and submitted to the action of heat: where that has not been done, it is the colour only that has been relied on.

Have you heard the appearances of the stomach as described by Dr. Edwards?—I have.

Do those appearances, in your judgment, indicate the presence of arsenic in the stomach?—Although I should not have drawn the conclusion that that body had therein received poison, I certainly should have allowed such a reflection to enter into my mind, and have acted upon it; yet I by no means think (and I speak from the experience of others), that the appearances stated to have existed were such as _only_ to denote the presence of arsenic.

Have you known the prisoner at the bar long?—Yes, Sir.

How long?—I only knew him at school; we were educated together at the Exeter Free Grammar-school.

At that time, what was his character for humanity?—It would be difficult to say what attaches one school-boy to another; but I can say conscientiously——

That is not the question. What was his character as a school-boy?—That is a question which is difficult to answer—not that I mean to imply that there was any thing to the contrary of a good character, for I mean to say that he stood high—he was respected by his school-fellows. We slept together in the same dormitary; and I remember now with pleasure, notwithstanding the time that has transpired, the intimacy that then existed.

(Cross-examined by Mr. Gazelee.)

You said that nothing but the reproduction of the arsenic would satisfy your mind as to the presence of it?—It would not; and I am borne out in that belief by the best authorities in the country; nothing short of that would satisfy my mind in swearing to its presence.

(By Mr. Justice Abbott.) You said that the same results would follow from other compounds?—Yes, my Lord.

What other compounds would give the same result with the lunar caustic?—Phosphoric acid.

And what with the sulphate of copper?—Understanding that the deceased had died after eating a hearty dinner of rabbits and onions, I cut a large onion into slices, and took a slice of raw meat, and put them into the same vessel, and poured rather more than a pint of warm water upon the mixture, with the view of making an infusion; I allowed it to infuse for some hours; I then took a quantity of the liquid or infusion so prepared, and I applied to it the same tests:—first, the sub-carbonate of potash in solution, I then added the sulphate of copper in solution, the two tests which I understood Dr. Edwards had used.

And what was the effect produced?—A green precipitate was instantly formed.

Was that experiment then complete?—It was, my Lord.

Any thing else?—Yes, my Lord; with another portion of the liquor I tried this other experiment;—I put in some sub-carbonate of potash in solution, I then added the sub-nitrate of silver, or lunar caustic, and a yellow precipitate was produced.

Is there any thing farther you would wish to say as to those experiments?—Yes, my Lord; I used the same tests as I understood Dr. Edwards had used.

(_Witness withdrew._)

_Mr. Samuel Luscombe_ (examined by Mr. Sergt. Pell.)

You are the Surgeon of the Exeter Hospital?—Yes, Sir.

How long have you been in that situation?—For fifteen or sixteen years.

During the course of that time, you have had an opportunity of examining many bodies?—I have.

Have you heard Dr. Edwards give his evidence to-day?—I have.

From the account which he has given, what would be your judgment as to the cause of that death, it being added that the person who died had violent retchings and purgings?—I should consider that those violent retchings and purgings had exhausted her, and had caused the death.

Putting out of your view those violent affections of the stomach, could you account for the cause of the inflammation?—I could not, unless from discovering some poison in the coats of the stomach at the time.

Have you known, in the course of your practice, many instances of Cholera Morbus?—I have known a great many.

What do you consider to be the immediate cause of Cholera Morbus?—A redundancy of bile and humours upon the stomach.

If inflammation be found upon the stomach after it is opened, what appearance would it put on?—The internal coats of the stomach would be very red in various parts, and the colour very florid; but in the course of two or three days it would become more dark.

That is, it would have a stellated appearance?—I never opened the body of a person who had died of Cholera Morbus.

The Defence of _Eugene Aram_, for the murder of _Daniel Clarke_.