the sum of 17,000l. for salvage, together with the expenses of the salvors, and the demand of the Admiralty; and directed that, after paying 1,000l., in various proportions, to certain persons, in addition to their shares, the residue of the 17,000l. should be distributed as follows:-to admiral Baker, the share he would be entitled to as a flag officer, under the order in council of 1827, and the remainder amongst the commanding officers and men of the Lightning and Algerine, rateably according to the value of the treasure saved, and according to the period of their service, and the officers and men of the Adelaide, up to the 31st of May, 1831.

From this judgment, captain Dickinson appealed on the ground that the treasure salved was derelict, and there was no instance of so small a proportion of derelict property being awarded to salvors in such cases; that admiral Baker was not entitled to the share allotted to him; and that the claim of the admiralty for indemnification was unprecedented and ought not to be allowed.

Admiral Baker joined in the appeal of captain Dickinson against the smallness of the sum allotted for salvage, and prayed that he might be adjudged one-eighth of such further sum as might be allotted. No appeal was made by captain de Ross and the officers, and crew of the Algerine.

The hearing of the appeal commenced on Thursday, before the right hon. the vice-chancellor, the right hon. sir John Nicholl, the right hon. sir J. B. Bosanquet, and the right hon. T. Erskine.

Their lordships heard Dr. Adams and Mr. Alexander for captain Dickinson, his officers, and

crew; sir Edward Sugden and Dr. Lushington for sir Thomas Baker; and the king's advocate and Mr. Follett for the owners. After twelve hours hearing,

The vice-chancellor delivered the judgment of their lordships. Without going through the facts of the case, it was sufficient to say, that their lordships were unanimously of opinion that a sufficient reward had not been awarded to admiral Baker and captain Dickinson, his officers and crew, the only persons who had appealed against the decree; and that, considering the length of the service, and the labour and exertions of the sailors, it was not too much to allot to admiral Baker and captain Dickinson, his officers and crew, 12,000l., in addition to the sum allotted in the decree as it stood. Their lordships were, therefore, of opinion that the decree, in point of form, must be reversed; but they directed that the expenses of all the proceedings should be deducted from the property, as the court below had directed; that the further sum of 12,0001. be added to the salvage already allotted to admiral Baker and captain Dickinson, his officers and crew, to be divided according to the order in council of 1827, the effect of which was to give admiral Baker oneeighth of the sum, captain Dickinson two-eighths, and the remaining five-eights to be divided in the manner directed in the said order. Their lordships were of opinion, that not only did the length and arduousness of the service justify this increase of the sum which had been allotted, but that the giving the increased sum was very much in the spirit of previous decisions, which had allotted one-third and one-half in such

YORK, JULY 19. "Morrison's Pills."-Charge of Manslaughter.

George Webb, a respectable-looking middle-aged man, was placed at the bar, charged with the manslaughter of a young man named Richard Robinson, by administering to him large quantities of gamboge, aloes, colocynth, and other drugs. The allegations varied by numerous counts in the indictment.

were

The deceased was a young man of about twenty years of age, apprentice to a Mr. Sowry, linendraper in York. He was taken ill, and the prisoner, who was an innkeeper in York, and an agent for the sale of "Morrison's Pills," was sent for to attend him On Friday, the 20th of June, it was discovered that the small-pox had attacked the deceased. The prisoner solely continued to attend him. In the course of the illness, he gave the deceased no less than three doses of 10, 15, and 20 pills respectively. These produced very copious evacuations, but "the pills" were still administered, and the prisoner said medical aid was unnecessary. On the Thursday following, the mother of VOL. LXXVI.

the patient was sent for, and sat up with himon Friday night. The prisoner said, he was doing well. On the Friday morning, the lad was evidently in a sinking state; his extremities were cold and clammy. Medical aid was then called in, but it was too late, for he died that afternoon: and the coroner's jury returned a verdict of "Manslaughter" against the prisoner.

Samuel Robson.-Is an apprentice to Mr. Sowry. The deceased was in good health previous to the 20th of June. On the Tuesday, he was attended by the prisoner. Witness went and fetched five packets of the pills, either by the direction of Sowry or the prisoner, who called several times between that day and Friday, but no medical man attended during that time. On Friday, about eleven o'clock, Mr. Allen, surgeon, attended him.

very

Mary Brittain.-Is servant to Sowry. On the Monday night, the deceased said, he was poorly. He died on the Friday week following. On Tuesday, pills were given him. He continued ill, and desired to have the prisoner sent for. On the Tuesday morning, deceased said a rash had come out and gone in again. Witness never saw the prisoner give him any of the pills. Deceased vomited and purged two or three times a-day, but did not complain of pain. He had no appetite, and was thirsty. The prisoner felt his pulse.

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was? Prisoner said, in a fair way of recovery.

George Robson, of Oswaldwick, farmer, saw deceased very well on Sunday the 15th of June. On the day of his death, witness talked with Sowry, and the next day talked with the prisoner, about Morrison's pills, at Webb's. Witness said, We have come about holding an inquest." Both Sowry and prisoner said, Allen should be sent for, and he would satisfy us. We mentioned the inquest to Mrs. Whip. The prisoner said "Lord have mercy upon me, do you mean to do that?" I asked prisoner if the deceased had taken 10, 15, and 20 of the pills in one day? Prisoner said he had. I received a letter from prisoner upon the circumstance (produced). It stated that at six o'clock on the Friday nothing could be done for the deceased. I said that it was strange that Sowry should say, at ten o'clock on Friday, that deceased was getting better. The letter was written in great agitation.

George Robson, jun., identified the letter. He met the prisoner's son bringing it to his father, and took it. Elizabeth Whip, the mother of the deceased, said that the day be fore her son died, she was sent for from Hetton, and got to York about half-past nine on the Thursday evening. She found him very ill. Prisoner and Sowry were there. She wished to have medical help for her son. Prisoner said there was no occasion for it: he was getting on, and would be well in two or three days, and walking about York. She sat up along with her son that night. Prisoner stayed till midnight. The deceased was very restless, and did not get a moment's sleep. He had no medicine, but was purged three times. While

the prisoner stayed, the window was kept open. It was then shut till about four o'clock, and then opened again. The prisoner came about six o'clock, and witness wished a doctor to be sent for. The deceased said, if anybody were sent for, it should be Mr. Allen: he added, there was no occasion for it, as there was no danger. The hands, legs, and feet of the deceased, were then in a cold clammy sweat, and he was extremely weak. The prisoner then gave him some more pills, witness could not say how many, but paid 15s. the next day for pills. Two boxes were left. These were delivered to Mr. Allen. The room in which deceased lay was small and close. Prisoner said, it should not have been opened. About twelve o'clock on Friday, the deceased got up, but could not sit up five minutes. I left him for awhile soon after, and at half-past two o'clock, the prisoner said he had just closed his eyes. Prisoner said, if he had sat up with him, he would not have died, and that, if the window had not been set open in the morning, he would have got well.

Cross-examined. - Prisoner was very attentive, and appeared anxious about the deceased, and wished to sit up with him. The deceased was always grateful for his attentions.

John Wood, coroner for the city, held an inquest on the body, on Saturday, the 28th of June. He received two boxes of the pills; a few were taken out by the medical men in attendance. The rest were given to Mr. Sinclair, the attorney for the prosecution. The prisoner came voluntarily to the inquest, and was examined, and signed his examination. After the verdict, he surrendered himself. Mr. Sinclair delivered the two boxes of pills to Mr. West, of Leeds, chymist.

Mrs. Whip was recalled to iden tify the pills.

Mr. West received the two boxes of pills on Saturday, the 5th of July, and now produced the boxes numbered 1 and 2. He analyzed them by a series of not less than 200 experiments, the result of which was as follows:-The pills No. 1 averaged 24 grains each pill, and were composed of aloes and colocynth, together one grain, but in what proportion he could not as certain; gamboge half a grain; and cream of tartar three quarters of a grain. There was also a small portion of ginger, but not sufficient to affect the weight. The pills No. 2 averaged three grains each, and contained, of aloes and colocynth, one grain; gamboge one grain and a half; cream of tartar half a grain; and ginger as before.

Cross-examined by Mr. Pollock. -I examined about fifteen pills. The analysis I most rely upon was one of two pills each. I first dissolved them in alcohol, and obtained a yellow colour, which I afterwards verified to be gamboge. There were crystals formed. These proved to be cream of tartar. The aloes I could discover by the taste and smell, which it is impossible to disguise. I know no chymical test to rely upon for the colocynth. I picked out fragments of it from the pills, which I think no chymist could mistake. I first ascertained the ingredients of which the pills were composed, and next the quantities of each ingredient. To ascertain the quantities, I first separated the cream of tartar contained in two pills, by saturating them at a mean temperature, and having thus got rid of the other ingredients, weigh ed it. The experiment would show rather too little than too much, and I allowed 3-10ths of a grain

for waste. I then obtained the gamboge by making a precipitate with sulphate of copper, and am confident there was above half a grain in a pill. There might be three quarters of a grain; a quarter of a grain is on the safe side. I believe there was more than a quarter of a grain. There remained one grain for the aloes and colocynth, which I could not separate. The quantities in the pills No. 2 were ascertained by a similar process.

The statement of the prisoner before the coroner, in which he fully admitted having administered the pills, was then put in, together with his letter to the witness Robson, and read.

James Allen examined. Is a surgeon in York. Was sent for to attend the deceased on Friday morning, the 28th of June. The prisoner was there. Deceased complained of pains in his head and stomach, and was throwing his arms about very restlessly. He was labouring under a severe confluent small-pox. His whole body was then in a cold perspiration. He was in a very dangerous state. I apprehended death almost immediately. I inquired into the treatment, and the prisoner told me what had been given him. I returned in two hours. He was then insensible, and died in half an hour after that. Drs. Wake and Balcombe, Mr. Matterson and myself, afterwards opened the body. We examined the stomach and bowels particularly. They were much inflamed, the stomach approaching to mortification in the cardiac. I believe he died of smallpox, most probably aggravated by the treatment with drastic purges which he received. There was an appearance of piles in the rectum,

most probably produced by the same cause. A great proportion of the cases of small-pox which terminate fatally do so on the eighth day. I should not have looked for death on that day in the present case, because the pox was then matured, but if at all, during the secondary fever, between the 11th and 17th days. Drastic purges are decidedly improper, because they lessen the powers of life, already greatly reduced by the disease. The most proper treatment must, in a measure, depend upon the constitution of the patient and the degree of excitement he is under. Morrison's pills are improper, because they tend to depress the powers of life, and to produce inflammation in the stomach and bowels. Giving several doses would, in my opinion, tend to accelerate death. The window being opened on the Friday did no injury.

Mr. Matterson, surgeon of York for twenty-nine years, assisted in examining the body. In smallpox purgatives are to be given with great caution, and of the mildest kind. Gamboge and aloes are not at all proper. The exhibition of them would be very likely to accelerate death.

Dr. Balcombe.-The probable cause of the deceased's death was small-pox, heightened by the treatment. Gamboge and colocynth might be taken in small quantities, but he would not administer them at all, especially if fever was high. They would produce inflammation, and might so accelerate death.

Dr. Baldwin Wake.-Has been a physician twenty-six years. Assisted in the post mortem examination of the body. Was struck with the appearance of inflammation in the stomach, so much so, that if he had not known the de

ceased had been labouring under small-pox, he should without hesitation have referred the death to the inflammation alone. He called the attention of the other gentlemen to it at the time. He should have said the inflammation was caused by a virulent poison. If previous inflammation existed, gamboge was of all things most calculated to increase it. There is not much harm in the aloes, but the pulp of the colocynth is an active vegetable poison. Drastic purges are highly improper in small-pox. He attributed the death to the inflammation of the stomach and bowels, and to the strong drastic purges which had been administered.

Mr. Pollock submitted that there was no case to go to the jury, and contended that the charge of felony could not be supported. It mattered not that the prisoner was not a licensed practitioner, especially as there was not only a total absence of malice, but, as was admitted, a most humane and anxious desire to cure and to heal.

The Lord Chief Baron (Lord Lyndhurst) stated, that if any person, whether a licensed medical and surgical practitioner or not, acted ignorantly in administering strong and improper medicines, the law would reach him. He should leave it to the jury to say, whether the death of the deceased was accelerated by the administering of these pills to him by the prisoner; if they found so, the prisoner was guilty of manslaughter.

The prisoner being called upon for his defence, read from a written paper a statement of the cure of his wife and one of his children, when other aid had failed, by those pills, and also receiving benefit from them himself, he was induced