Did you ever see that sponge produced before?—No.

He told you he wanted those things for a lady?—Yes.

I suppose you knew he was not a married man?—I did.

On your oath, did he ever consult you before as for an hysterical lady? I don't know whether for an hysterical lady.

For a lady who required remedies for her nerves?—Yes; for epilepsy.

When?-Two or more years be

fore.

Had you the curiosity to ask then who the lady was?—I had not. Is it your habit, as a medical man, to prescribe at second hand for ladies when gentlemen consult you in respect of ladies?—I had not the most remote idea.

I am not asking that. If a man comes in and asks what is good for an hysterical lady, do you give chloroform?—No.

Did you ever give it before? I did not.

Did you ever give it except when it was to be administered under your own care?—I did for patients I had.

Were they not under your own care?—Yes; but I did not administer it myself.

You could give it to a lady herself to take some drops, or to a gentleman to administer to his wife?—Yes.

But you never gave it to a gentleman before to administer to an unknown lady?-Not that I am aware of. I hope not.

Did you ever see any of the other bottles before ?—I only saw three.

Is this your handwriting on the labels on the chloroform ?-Yes (directions for administering it in water).

When did you give them?-On the 22nd of June. [ [Handed a fourth bottle containing iodine.]

Is that your handwriting on that label?-Yes, I gave Mr. Carden that too.

When did you give it?—I cannot tell.

You cannot tell?-It must be a considerable time.

Nor under what circumstances? I would not be surprised if it was given for a splint for a horse. For a splint for a horse?-Yes. When did you give it?—I could not say.

Upon your oath, did you ever hear him name Miss Arbuthnot? I did not.

You never heard of her before? —I did.

You never heard her name from him?-I positively swear I did

E. Arbuthnot from the car to satisfy the act. If she had been taken to Farna Castle it would have been an abduction; the same would have been the case if she were only taken to Fethard, and so back to the door of the car. He could not see where the line of distinction was to be drawn.

Mr. Justice Ball.-The case, from its peculiar character, is with out any precedent. I am called on to give two different directions

where the distinction is reduced to the nicety even of a shade, and where the difficulties are necessarily great. Now, before I proceed to direct the jury, I would suggest to the Attorney-General, that suppose I were to tell the jury there was a removal sufficient to satisfy the act, that the jury convict the prisoner of felony, and that the Court of Criminal Appeal be of opinion the indictment for the felony is not sustained; the result will be, that Mr. Carden will be set at liberty, and then he cannot be tried even for the attempt to commit the felony. To avoid that, it might be better to tell the jury there was not a removal sufficient to constitute the felony, but that there was an attempt to commit a felony.

The Attorney-General said, he felt the force of what his Lordship said, and, under the circumstances, he would assent to the course suggested.

Mr. Martley said, he would also assent to that, and let there be a conviction for the attempt to commit a felony.

Mr. Justice Ball.--Gentlemen of the jury, upon the evidence given, I have no hesitation in telling you the prisoner at the bar is guilty of an attempt to commit a felony, and the only question for

or not?

Several Jurors.-We do. Judge Ball. Then, let the issue paper be sent up.

The Jury immediately found the prisoner "Not Guilty" of the felony for which he was given in charge, but "Guilty" of an attempt to commit it.

If this verdict is calculated to excite surprise in the minds of all interested in the vindication of the law, the subsequent proceedings were such as must produce astonishment and alarm.

On the following day, John Carden, Henry Atkinson, James Atkinson, and Patrick Kinnealy were charged with a felonious assault upon John Smithwick. The prisoners severed in their traverse, and Mr. Carden was put on his trial singly. His counsel raised a technical point, which is unintelligible to mere English minds

that the felony of which Mr. Carden had been acquitted on the previous day was one and the same with the cutting and wounding of Smithwick. Considering their subsequent decision, it is rather surprising that the jury did not hasten to acquit Mr. Carden on this ground; but they were only puzzled, and one of them saying, "Could not your Lordship direct us to find a verdict," the charge of that learned functionary left them no choice but to return this verdict, "We find that the acquittal of the charge of abduction is not an acquittal of the felony or felonies charged in this indictment." On Monday Mr. Carden was put on his trial; he offered no defence, and the jury, after five minutes' deliberation, found him found him "Not Guilty." The announcement was hailed with

cheers, the ladies waving their handkerchiefs, and the cheers were echoed by the crowd without. The gentleman who had been found Guilty" on the previous day by the hasty and ill-advised consent of himself and his counsel -for it is impossible to believe, after what has taken place, that if he had awaited the verdict, the jury would have found him “Guilty" under any circumstances -was then placed at the bar to receive sentence for his infamous act. He requested to be allowed to make a few observations, and said

My Lord, in what I have to say I do not, by any means, attempt to palliate the heinous crime I have committed, nor do I wish to attempt by any language of mine to influence the Court in the amount of punishment which it may be thought fit to visit upon me. I have a very strong feeling that the Judges of the land are just and impartial, and therefore prior to your Lordship commencing those strictures-which must be of a grave character-I do wish to impress upon you, under the most solemn asseveration, that three of the positions which were made by the Attorney-General in his opening speech against me, and which no doubt were briefed to him, are absolutely and positively untrue. The first is, that I was influenced in this attempt by any degree of malice either towards the young lady herself or any member of her family. Secondly, that I had the slightest idea or knowledge in the world of the delicate state of health of Mrs. Gough. And the third is, that which I would disclaim with the deepest indignation, that I had the remotest intention of using

any of those drugs whatsoever for the production of stupifying effects, or the production of any effect inconsistent with the dictates of common humanity. My Lord, as to the first-the malice and hatred towards Miss Eleanor Arbuthnot, or any member of her family— every person who is acquainted with me is aware of the feeling which I have for some time held towards that young lady, and it is hardly necessary for me now to observe upon it. Not only towards her, but with respect to every member of her family, I solemnly avow that I was not influenced by any such feeling, and at this moment no such feeling has possession of my mind. It is perfectly true that at one time, when angry with Mr. Gough, I expressed myself towards him in that manner; but I now say that the attempt the criminal attemptwhich I have made and failed in, arose out of no such motive; and even now I do not blame Mr. Gough in the slightest degree, and had I been convicted of the crime of which, thank God, I have been acquitted, I would not entertain acrimonious feeling towards him or his family. I now lay down. all anger at once and for ever. Mr. Gough ought to know that malice or hatred is not congenial to my mind, for it is well known that my career has been a terrible one, and I do attribute it to that circumstance that I never bear malice towards any person opposed to me.

--

And now that that career is brought to a close, standing as I do in this disgraceful position, I do feel there is not a single person in this great county will exult in my downfall. With respect to Mrs. Gough, I have made a solemn asseveration, and it is true, that I

had not the slightest idea that anything of the kind was the case. Had I providentially known it, it certainly would have forbid me to make any such criminal attempt. Now, as to the chloroform. There were various other medicines in the carriage, which I had collected from time to time, according as they suggested themselves to my mind. One of them was iodine, which I intended for a local application. I need not mention what that was. The sal volatile and valerian I bought before the chloroform was purchased, and therefore they could not have been got as antidotes; but I laboured under this disadvantage-there was brought up, apparently in my favour, but in reality against me, one of the worst witnesses that ever appeared in a court of justice. The character of Dr. Forsyth is well known in this country. He is a clever man, a bookworm, and is even in private life badly able to express himself, therefore you may judge of his confusion in this court. I must tell you the real facts. Almost immediately before I made the attempt, it suggested itself to my mind that such extraordinary excitement might produce hysterical affections, and as I did not know how to treat them fainting or that sort of thing I might have managed-and as I was afraid I should, under the circumstances, be unable to give up the young lady to the first doctor, I thought it better to get some advice on the subject. Accordingly I waited on Dr. Forsyth. He described to you the conversation in the garden, in the course of which I said, "By the way, a lady, a friend of mine, is subject to hysterics. Are they dangerous?" He said, "Yes." I said,

"Could they kill a person?" He replied, Something near it." "What is the best thing for them?" I inquired. "Chloroform," said he. I asked the quantities. "Twenty drops in water," was the reply, or, what he forgot to tell you, "thirty drops applied externally." He took his pockethandkerchief out, rolled it up deliberately, and showed me how to hold it, and remarked that it should be kept at a distance, if insensibility was not to be produced, for the purpose of admitting atmospheric air. He told me he was in the habit of using a sponge for the purpose. I procured the second bottle, fearing the first might be broken. might be broken. So particular was I about the quantity, that I placed a gutta percha band round a glass, so as to mark precisely the necessary quantity, fearing that the rolling of the carriage would prevent my dropping it accurately. I applied it to myself, and found that its effect was certainly sedative, but as it gave me a headache and made me sick, I determined that it should be the last remedy on earth I would be tempted to employ. Perhaps, under the circumstances, I had better not detain your Lordship with any further observations.

Judge Ball. I am ready, sir, to hear from you every observation you may feel desirous of uttering.

Mr. Carden.-It would have been gratifying to me to have made you acquainted with the details of my plan-for this reason, that it would have convinced your Lordship that no such allegation could with truth be brought forward against me; but it would be indecorous for me to relate any story which might by some be attributed to a wish on my part to

put myself forward as the hero of a romantic tale, when I feel I stand here as a criminal for having outraged the law of the country.

Mr. Carden's address was most attentively listened to, and seemed to impress every one present.

It is unnecessary to detail the observations with which the learned Judge aggravated the feelings of the unfortunate gentleman in passing upon him the sentence of two years' imprisonment with hard labour. Singular to say, the prisoner had with him the sympathy of the country, and particularly of the female population; they deeply lamented his failure and its consequences; but their indignation was particularly directed against Miss. Arbuthnot, apparently for not being forcibly abducted-"he was too good for her-the daughter of an army clothier!" and they were enraged that such a fine man should be put out of the way for the like of her."

The law officers of the Crown refused to proceed with the trial of the other offenders at that assizes; and they were let out on bail of 201. each, with two sureties of 101.

DERBY ASSIZES.
July 29.

FATAL POACHING AFFRAY-DEATH

OF MR. BAGSHAWE.

Benjamin Milner, aged 33; Jas. Walton, aged 40; John Turner, aged 38; William Taylor, aged 50; William Dawson, aged 40; Thos. Wilson, aged 36; and Thomas Dodds, aged 28, were indicted for the wilful murder of Mr. William Leonard Gill Bagshawe, in the parish of Tideswell, on the night of the 19th of July last.

The lamentable occurrence which gave rise to this prosecution ex

cited the greatest possible interest in this county, and the utmost anxiety was manifested to be present at the trial of the prisoners. When the accused were placed at the bar, they presented, in size and strength, a most formidable appearance. The leading circumstances of the case, as stated by the counsel for the Crown, were these:-The late Mr. Bagshawe was a gentleman of good property in the north of Derbyshire, a magistrate of the county, and the owner and occupier of Wormhill Hall, which lies between Tideswell and Buxton, upon the river Wye. He was not quite 26 years of age at the time of his death. Between two and three years ago Mr. Bagshawe began to preserve the fish in that part of the river in which he had the right of fishery, and, having latterly found that the river was very much poached, he had commenced the practice of going out at night in company with friends and keepers to watch. This had been done four or five nights a-week since May last. On the night of Wednesday, the 19th of July, between 10 and 12 o'clock, Mr. Bagshawe left Wormhill Hall in company with Mr. Henry St. John Halford, of Wistow Hall, Leicestershire, his brother-in-law,

for the purpose of watching the river. They had an old bulldog with them, and were armed with sticks, and Mr. Bagshawe had also a life-preserver; but they had no firearms. They went down to the river at a place called Raven's Tor, and while they were there Jarvis Kaye, a gamekeeper, came to fetch them to another part of the river. He had been sent by Captain Partridge, a cousin of the deceased, who, having left Wormhill Hall in company with Kaye rather later