five o'clock witness went for Mr. Lloyd. Witness's brother died on the 16th. Before his death he seemed conscious of what would happen, and said that he had received such an injury that he could not live.

Cross-examined by Mr.Brodrick. -Mr. Lloyd had attended the deceased about two months before, but he had not been ailing. His spirits had been bad, in consequence of the death of his wife: he complained that his inside was not in order. Had heard that his brother's wife had died of an internal disorder. Mr. Van Butchell was not at the inquest, and the verdict was returned in his absence. The prisoner was taken into custody on the same evening. He had asked to see the body of the deceased, but the request was not granted, and no person on the part of Mr. Van Butchell saw the body. The prisoner came at an unreasonable time to see the body. His brother did not walk home, when he left Mr. Van Butchell's.

Eusebius Harper Lloyd.-Was a surgeon, and had attended the deceased on the Sunday in question. He found the deceased in great pain. The latter told him he had been seriously injured in the bowels, and said he was sure he should die. Witness's opinion on examining the deceased, and from the report of the operation, was that he could not recover. The deceased died six days after the Sunday in question. Examined the body on the evening of his death. Witness then described the state of the body, and said the general appearance of the covering of the viscera was that of recent inflammation. On endeavouring to examine the upper part of the rectum, he found that much VOL. LXXI.

inflammation had gone on, and he could not therefore make the examination he desired. He found, however, that an injury had taken place, and that the appearances he saw had been occasioned by violence. He considered that the injury had been caused by a straight instrument about six inches long.

Cross-examined.-On pressing the abdomen when he first examined the deceased, he found that it was tender. This was not a symptom of peritoneal inflammation. For two days successively he thought it right to bleed the patient, and leeches were also applied. After his death witness found there had been an adhesion of the intestines to the upper part of the rectum. The length of the rectum was generally from seven to eight inches. In witness's opinion it would be improper, in a similar case, to use any unyielding straight bougie of six inches in length. He had paid particular attention to diseases of the rectum, but did not know how many cases he had in the course of one year. Did not suggest the propriety of sending for some medical man at the inquest. In many instances the coat of the rectum was very strong and thick. Inflammation, in its ordinary course, produces ulceration. Witness could not tell what the particular state of the deceased was before the Sunday in question. Operations would sometimes fail in spite of the skill of the operator. Had operated upon a woman named Kent, in St. Bartholomew's Hospital, and she died soon afterwards. She had been previously diseased. Mr. Smith, who examined the part with witness, was not a member of the College of Surgeons. Thought a person might walk a quarter of a mile with a

I

perforation of the rectum. The perforation was on the front side of the rectum, above the bladder. Re-examined. Considered that the death of the patient was caused by the injury done to the

rectum.

Mr. Baron Hullock here stopped the case, and said that there did not appear to be any evidence to support a charge of manslaughter. It would be a dreadful state of things, if a man, who had performed an operation to the best of his skill and judgment, could be subjected to such a prosecution as this. He was fearful of letting it go forth to the world, that, when an operation was not attended with success, an operator was liable to a charge of manslaughter. The learned Judge then told the jury, that the indictment could not be sustained. There was no evidence to show with what instrument the operation had been performed, nor that the patient had actually died in consequence of it. He could also tell the jury, that there was no principle of law, which subjected an individual to this sort of inquiry, and it did not matter whether he was a regular practitioner or not. If there were, persons in remote parts of the country would not be able to get assistance, as many men would not venture upon an operation from the fear that they were not skilful enough. There had been no decision in any case, like the present, and this was the first time that such a charge had been brought before a court of justice. Though an action for damages might perhaps be sustained, yet, where no malice was apparent, a man could not be found guilty of felony.

The jury then returned a verdict-Not Guilty.

18. THUNDER STORM.-About half-past five o'clock in the afternoon of Thursday, Ongar and its vicinity were visited by a storm of thunder, accompanied by lightning, from the effects of which a windmill, situated at Toot-hill, in the parish of Stamford Rivers, was nearly destroyed, and the miller shockingly mutilated. A very heavy cloud was observed to descend over the mill, which stands upon an eminence, and at the same instant a hissing noise was succeeded by an explosion resembling the discharge of artillery. The miller was discovered lying upon a sack, his head most shockingly lacerated-his right leg hung over the ladder communicating with the first floor, and connected with his body by a small portion of flesh only-the bone protruding through the stocking. His right eye was so injured, that its powers of vision were supposed to be destroyed, and his right hand was mangled in a frightful manner. Upon further examination, large splinters of wood, and even grains of wheat from the hopper, were found driven into various parts of his body. The hair of his head was much singed. The most singular penetration of the fluid was observable in the partial destruction of a pad in the neckcloth which he wore at the time. His hairy cap was found lying by his side, torn into innumerable pieces, and the floor was covered with blood. The lightning, it would appear, first struck the middlings end, a term given to some iron braces which afford support to the sails, and proceeded in the track of a number of bolts, removing some and slightly touching others, until it reached the neck, when it took the parcels, and then commenced its

work of destruction in the interior of the mill by shivering a great part of the nearly new oaken shaft. The fluid continued its course in nearly the centre by the sack-chain, and, on reaching the second floor, came in contact with the beam and scales, forcing two half-hundred weights through the side of the mill. In its progress thus far, it completely cut off two of the sails, which it split into innumerable pieces, and hurled to a great distance. Some of these fragments were found sticking in the earth so firmly as to require great strength to effect their removal. The roof of the mill was struck off in a similar manner, and the sides were nearly stripped of their boarding. The ceiling of the mill was divided and thrown on either side upon the grass. The machinery was thus completely exposed to the view, enclosed in the skeleton building. The whole of the machinery was deranged, and the cloths, where nailed, were much burnt. The electric fluid, having affected nearly all the iron in the mill, forced its way out by tearing up part of the flooring, and cutting a piece of the sheer-tree away, thus escaping to the iron sheeting which covered the round-house. Part of this it raised, and concluded its course by passing down the back of the stairs, which were iron braced; and, forcing out a number of very strong iron-nutted screws, it finally disappeared in the earth, making a cavity to a considerable extent. Even a pen in the inkstand did not escape, being singed, as were also the brooms and brushes.Essex Herald.

to Lloyd's at the Magdalen Islands, in the Gulf of St. Lawrence, state the following particulars :

About the middle of May a number of men belonging to the Magdalen Islands, who had associated themselves in a sailing voy age, were overtaken by a storm off the north-east end of Anticosti, and the ice, drifting, forced them to take shelter near one of the provision posts. In landing they observed a boat on shore, which was not much damaged. They proceeded to the house, and, on entering, were struck with horror at the sight of a number of dead bodies, and a quantity of boues and putrid flesh; upon further examination, they conceived that they could discern the bodies of twelve or thirteen individuals-two grown females, three children, and seven or eight men. The last survivor appeared to be a man, who had died of famine and cold in his hammock, and, from his appearance, was above the rank of a common sailor. The men took charge of the chest, clothes, and other articles in the house, and buried the remains of the bodies, and a large box of cleanly-picked bones, which lay in a corner of the room. On the fire there was a pot, in which flesh had been boiled, and a part remained in its bottom. They afterwards went to a small out-house, where they were surprised to find five more bodies, suspended by a rope thrown across some beams; the entrails had been removed, and little more than the skeletons remained, the flesh having, apparently, been cut off. These they left unburied, and sailed, taking the boat with them, for the Magdalen islands.

AMERICAN PARTY VIOLENCE.

the criminal court of Lexington, from Tuesday, the 30th of June, to Saturday, the 4th of July, both inclusive. No trial has ever excited more interest throughout the Union; and the more especially, as the verdict was evidently the result of party feelings, and manifested the utter indifference of the jury to the oath they had taken, "well and truly to try according to the evidence." Mr. Benning, the editor of the Kentucky Gazette, had been killed in the most atrocious manner in his own office, by a shot fired through his back. He, being a partisan of general Jackson, had published an article reflecting on the political conduct of Mr. Wickliffe, the father of his murderer: the son was a violent admirer of Mr. Clay, the candidate opposed to general Jackson. Mr. Clay being a native of Kentucky, and exceedingly popular, it was resolved by his powerful party, that the case should be deemed a mere political affray; and Mr. Clay himself, as a barrister, undertook the defence. The first proof of the influence exerted to defeat justice, was in finding the bill. The grand jury, returned a true bill for manslaughter only. Wickliffe's own apprehensions had caused him to abscond and secret himself; but finding his life safe, he surrendered for his trial.

he did not like to be put off. Benning said, it was against the rules of printers to give up the names of authors, without first consulting them or apprising them. Prisoner agreed to wait till morning. Benning remarked that when he got the name, it would probably be the last man he would want to find. Wickliffe replied, that, if he was a gentleman, he was the man he would be glad to see. Something was said about some publications, and, among other things, Benning remarked to prisoner, that it was no credit to him to write a piece in the papers, praising his own father. Wickliffe asked him, who said so? Benning replied, that he believed so himself. Wickliffe then called Benning a liar, and advanced upon him with his left hand raised, as if to collar Benning. As Wickliffe advanced, Benning raised a stick. Wickliffe caught it with his left hand, and, about the same time, drew his pistol with his right hand. Benning surrendered the stick, or it was wrested from him, and immediately dodged and retreated; about the time he reached the door leading to the back rooms, Wickliffe fired, and immediately drew another pistol, and told Benning to come on, he was ready for him; Wickliffe then turned to pass out of the office, and called to witness to stand out of his way or he would shoot; major Woolley (Wickliffe's brother-in-law) came in at the time, and Wickliffe, after he reached the street, again called to Benning to come on with his musket or whatever he had, as he was ready for him; witness then learned that Benning had been wounded.-In answer to questions by the Commonwealth's attorney, witness fur

ther stated, that Benning endeavoured to escape as soon as he saw the pistol; Benning's back was to Wickliffe, when the latter shot; Benning was a very small man.

On Cross-examination witness stated that it was near sun-set when Benning was shot; Benning was not within arm's length, when Wickliffe first cursed him; is certain Wickliffe advanced towards Benning; just as Wickliffe approached, he cursed Benning, and Benning raised his stick; Wickliffe raised his left hand previous to Benning raising his stick, and drew his pistol about the same time; Wickliffe got hold of the stick with his left hand; whether he wrested it from Benning or whether the latter voluntary released it, is unable to say; Wickliffe wheeled and fired as Benning was retreating; he is sure Benning did not grab or endeavour to collar Wickliffe as the latter approached; it was a small iron pocket pistol Wickliffe used, and thinks it was drawn from his bosom or waiscoat. When Wickliffe drew the second pistol, which was a large one, he called to Benning to come on with his musket, or any thing, for that he was his chicken. Benning was shot in a few minutes after witness entered his office.

John Brown, a printer in Mr. Benning's employment, confirmed the first witness. Benning was probably five or six feet from Wickliffe, when the latter fired at him. Mr. Spiers, also a printer in the office, gave the same account of the beginning of the quarrel. Wickliffe raised his left hand, as if to collar Benning-the latter then raised his stick, when Wickliffe drew his pistol; Benning retreat ed, and Wickliffe pointed the pis

and immediately discharged his pistol; Benning was then running from him.

Öther witnesses gave a similar account of the transaction.

Mr. Clay made an impressive speech for the prisoner, who was acquitted amidst the applause of nearly all the audience.

3. SHERIFFS' COURT, GUILDHALL.-JEWISH JUROR.-Minton v. Dixon.-This was an action brought by the plaintiff for the recovery of the price given for a horse, which proved to be unsound: and the jury found for the defendant.

Mr. Bolland now moved, that the verdict be set aside, upon the ground, that John Salmon, one of the jury, was sworn upon the New Testament, although he was of the Jewish religion. The learned counsel said, that Salmon stood up in the box with the other jurymen, who were all Christians, and without putting on his hat, or observing any of the ceremonies observed by people of the Jewish religion in the taking of oaths, kissed the New Testament. This mode of swearing was, the learned counsel said, of no efficacy. It was not binding upon a Jew to the value of a straw, and the verdict in the case ought to be set aside, having been in reality the verdict of eleven instead of twelve jurymen. The learned counsel was prepared with affidavits to prove that John Salmon was a Jew at the time he took the Christian's oath in the jury-box; that he had taken the oath in the manner described; and that he was now, to all intents and purposes, a Jew.

Mr. Mirehouse submitted, upon the part of the defendant, that the verdict ought not to be dis