tubes under like circumstances. These experiments were repeated again and again; in the absence of Mr. Clemson, without the production of the arsenical odour, or any thing that I could mistake for it, unless I actually placed arsenic in the tube. Supposing myself liable to deception, because I knew what was actually in the tubes, I prepared a set of them containing these articles (ph. of soda, kermes mineral, and some granulated zinc); I placed them, while under treatment by the spirit lamp, and in succession, under the nose of Mr. Clemson, who was ignorant of their contents.-Among these tubes one was prepared with arsenic in a very small quantity. It was only when the tube containing arsenic was heated and presented to him that he said decidedly and promptly, “That is arsenic:” and did not hesitate about the others, that there was no arsenic there.

Desirous to pursue an investigation after the partial failure of this one, I placed in a stomach which was brought to me from the Alms House, a small quantity of arsenite of potash in solution*-called Fowler's solution, intending to analyze it at my leisure, for the purpose of seeing how small a quantity I could separate. Other duties prevented me from attending to the analysis, and it (the stomach) remained in my laboratory for two or three months. It did not putrify in that time, and at the end of that period it had precisely the smell, as far as I could recollect, of the stomach of Mr. Chapman. A smell which was new to me and which I observed only in those two stomachs. After all these investigations, I still feel bound by the high authority of those writers who have expressed an opinion on the subject, to say, that the chemical proofs of the presence of arsenic, though amounting to a strong presumption, are not conclusive evidence of its presence.

I am now, sir, to state my opinion upon all the proofs.-For these reasons: the suddenness and the violence of the attack, in a neighbourhood subject at that time to no epidemic, in a man of temperate and cautious habits, attended with the following symptoms sickness and vomiting, a burning pain in the region of the stomach, described as being "like fire"-attended with extraordinary reduction of strength, and very unusual coldness of the extremities for a very considerable period before death, the absence of delirium, the particular character of pulse described, the parched state of the mouth, the unusual livid spots about the face, the preternatural rigidity of the body after death, absence of swelling of the belly, the calm and nearly quiet death after so much suffering, the intellectual faculties remaining perfect nearly till death (there being no evidence that he had them not till death), the period at which death took place,—are the symptoms upon which I partly found my opinion. I found no part of that opinion upon the state of the body when taken out of the ground; nor can I with a single comparative fact, with reference to the smell, permit that to form any part of the foundation of my opinion.

The circumstances upon which I in part found my opinion, derived from the examination of the dead body, are those peculiarities in the morbid state of the stomach which I have before noticed. The singular exemption of the intestines from disease, except the rectum, from which there was discharged matter significant of disease in that organ, which, had it passed through the intestines, would have left traces of its progress, being coloured; added to these, the hitherto inconclusive chemical proofs, acquire increased strength-and I am unable, after a careful and considerate view of the whole ground, to resist the conclusion that Wm. Chapman died because of the presence of arsenic in his stomach. That is all I have to say. I think Christison is considered the best English authority on poisons. Orfila, the best French authority

Cross-examined by Mr. Brown.

I consider Berzelius as the first chemical authority in the world. I do not think that the whole of the symptoms demonstrate the presence of poison-and of course that includes the admission that any one of them does not. The bloody serum issuing per anum might have proceeded from a variety of diseases. The livid spots also they are very usual when malignant fevers prevail-they characterize the spotted fever. After a considerable time, the rigidity of the body is of no unfrequent Occurrence. I think it very unusual for a body to become stiff in one hour's time. It is usual for the body to become stiffer gradually. Ceteris paribus, ocular observa

:

*Two drachms.

tion of the symptoms is the best test for forming an opinion. A physician might feel himself authorized to pass an opinion upon the cause of a man's death, upon hearing his symptoms, even though the attending physician being competent could not be able to do so, because the person to whom he narrated them might have peculiar advantages for observation. Upon this are founded most medical consultations. In reciting symptoms, facts are stated; the opinion founded upon them is an act of judgment. Omissions of symptoms in this particular case could not alter the opinion-because the ground of the case, as regards the principles, has been travelled over. Whether it (the opinion) would depend upon the degree of reduction in intensity of symptoms, I hardly know how to answer. Cholera Morbus is a yomiting and purging. Sometimes in indigestion there is violent vomiting-in cases of dysentery there is rarely vomiting; there are occasionally discharges of bloody serum. There is every variety of the state of the pulse in fatal cases of dysentery.

The violent burning "like fire" I never saw presented in the cholera of our own country. In that disease the intestines are found sometimes empty, and sometimes full. I never saw a case in which a patient died from inanition, in cholera. In epidemic cholera of E. I. the symptoms are represented to be like those occasioned by irritant poisons. It is said, that irritant poisons are among the causes of cholera.-I attach no importance to the preservation of the body. To judge of the degree of importance, &c. it would be necessary to examine bodies from that burial ground three months after interment.

The exemption from inflammation of the lower intestines, I do consider important, not as standing by itself, but in connexion with the disease of the stomach and rectum. I believe that there is evidence of the disease of the rectum-the bloody matter which could not have come from the intestines. There are bloody discharges from piles. I have heard no evidence of cholera being rife in that neighbourhood. If there were, I think it would have no influence upon my opinion, unless they were malignant cases. Fowler's solution is administered as a medicine in some cases. It is arsenite of potash in solution. I believe very few physicians administer it now in intermittents. If the medicines were poisonous, those symptoms would depend upon them. I think calomel could not have produced them. I have seen Mr. C. once, several years ago. When the disease is not very violent, the constitution of the individual modifies it very much. Diseases of a very acute character, especially when epidemic, seem to be under no sort of influence, derived from the constitution of the individual. Age and sex sometimes make a difference. Smear case and pork, eaten at night heartily, if the person be not accustomed to them, would be very sure to

hurt him.

For my friend, Dr. Hopkinson, I must make this apology: this was his first case; he was, without preparation, taken up to the place of interment, and made an examination which gives us the greater part of the information which could be probably elicited for this case, by those means. He has said himself, that it was an inadequate examination. The examination of the rectum was very important-of the heart not very material-of the brain less important-nor the internal examination of the gall bladder.

I could have made a probable conjecture of the state of inflammation of the stomach by external inspection, but no more. I do not think the one-hundredth part of 4 grains could be separated from the body. I could only, without detecting the metal, form a moderate presumption of its presence, speaking from the authorities (sulphuretted hydrogen, reiterated). When the quantity is very small indeed, compared to the amount of liquid, and that liquid contains also animal matter, it sensibly affects the powers of the precipitate, (sulph. hyd.) and it is often necessary to evaporate the liquid to a certain degree to obtain a precipitate, even when arsenic is present. As far as the precipitate was concerned the test was characteristic enough of arsenic. It retained its colour until it stained the filter yellow. If there were arsenic enough to abide that test, I should expect to find enough to abide the final and metallic test. I applied the test of nit. silver. It threw down a precipitate not characteristic. So of sulph. copper. The true characteristic colour of arsenite of copper is a grass green. The actual precipitate was an imperfect grass green. I stated that I considered the liquid tests used in this case as negative and fallacious. I did not, I believe, reduce the arsenic to metal. Christison says, the alliaceous odour is not to be depended on-I do not recollect his saying that it should be entirely disregarded. The symptoms at the death-bed are not alone conclusive. The state of the body

was not alone conclusive.

I did not obtain the metal-I come to the conclusion that Wm. C. came to his death from the amount of moral probabilities-any one proof not being sufficient. I do not think the fact of my not finding the metal makes against the symptoms. I did not try the sulph. copper with ginger. No fresh or unaltered animal or vegetable matter could have remained in the solution by nitric acid when subjected to the attempt at reduction. I never opened a body so long after interment; nor one supposed to have died of arsenic; never applied those tests to a stomach which contained arsenic before death. The stomach from the Alms House abided the liquid tests very much as did this stomach. It was not dissolved. I did not treat it with nitric acid-merely boiled it and tried it with other tests. There may have been arsenic enough in the stomach antecedent to death to cause death, and no particle be found after death. Christison says that there might arise a combination of symptoms which alone would show the presence of arsenic. That, however, I consider a conjecture of his, and do not give it any weight. In skilful hands a grain of arsenic would certainly be detected in the stomach. I did not apply the galvanic pile. The individual whose stomach was sent to me had not been buried. The stomach was not prepared-merely opened and washed. I do not impute its preservation to arsenic.

By the Court.

It would have more clearly demonstrated the diseased state of the rectum to have examined it—and strengthened the appearance of the action of arsenic. Arsenic was not as likely to be there as in the stomach. Cannot say what quantity would probably have killed Mr. C. Mr. Clemson has been for several years in the laboratory of the School of Mines in Paris-the best analytic school in the world-and spent some time in the laboratory of Robiquet, whose business it is to manufacture the most delicate medical preparations. I have every reason to believe that he is highly competent to such an investigation as this, as far only as chemistry is concerned-he is not a phyI believe him to be a most excellent analytical chemist from my own obser

sician.

vation.

By Mr. Brown. I think the sense of smelling is the most fallacious of all the senses. By Mr. Ross. I do not think that in my laboratory I could be easily deceived in the arsenical smell.

[Closed at 15 minutes before 7 o'clock, P. M.; duration of the examination three hours and a half.]

Tuesday Morning, February 21.

THOMAS G. CLEMSON, ESQ. twenty-third witness for prosecution, sworn.

Before 1826, I was engaged in acquisition of chemical information in the United States. In 1826 I went to Europe, and in the fall of that year entered the practical laboratory of Mr. Gaultier de Clowbry; at the same time I attended the lectures of Thenard, Gay-Lussac, and Du Long, as delivered at the Sorbonne, Royal College of France. In 1827 I entered the practical laboratory of Laugier and Filier-and afterwards the practical laboratory of Robiquet; after which I gained admittance to the Royal School of Mines. I was then examined at the mint, and received my diploma as assayer. It is dated June, 1831. I then came to the United States, where I arrived in the fore part of September, 1831.

On the 22d September, 1831, I received a note from Dr. Hopkinson, desiring me to assist in the examination of a stomach, supposed to contain poison. On the same day the stomach was opened in the laboratory of Dr. Mitchell, in the presence of Dr. Mitchell, Dr. Hopkinson, and myself. The interior of the stomach was covered by a brown semi-fluid substance, to the amount of a table-spoonful. This being taken off, the stomach had rather a brownish hue; certain parts looked redder than others, and the blood-vessels might be traced by a stronger expression of brown. This semi-fluid substance was washed, and the liquid coming from the insoluble part was tested. The first test used was the ammoniacal nitrate of silver, which amounted to nothing. The other tests, such as the ammoniacal sulphate of copper, and sulphuretted hydrogen, gave no evidence of arsenic. I had little confidence in them, knowing there was a presence of animal matter. The stomach and a small portion of the duodenum, and the insoluble part of the semi-fluid were all treated with nitric acid,

until we concluded the animal matter was entirely destroyed. Let it suffice to say, that we obtained the arsenic which existed there in the liquor, in the state of arsenical acid in combination with lime. The lime was added as lime-water-it was arseniate of lime. To the arseniate of lime we added a quantity of carbon, sufficient to decompose the entire quantity of the arsenical acid combined with the lime. This was put into twotubes, and a small portion which remained was put into a third. Heat was applied to the first tube, and carried to a red heat. We observed something that might be called a ring. I do not believe it was an arsenical ring, for that part of the tube which contained this ring was taken off and digested in nitric acid; and if it had been arsenic we would have discovered it by the tests. The matter contained in the bottom of the tube was so exposed to the lamp, as that the carbon of the lamp should act upon that portion of the arseniate of lime which had not been in contact with the carbon in powder. As I expected, we obtained an odour of arsenic. The second tube I exposed to the heat of the spirit lamp. I was expecting a ring, and the odour of arsenic struck me. I looked round, and asked if any one was burning arsenic? On examination I found that the end of the tube was broken, and the odour of arsenic still given out. I called Dr. Hopkinson and Dr. Mitchell and the servant to smell this odour, and they all agreed that it had the odour of arsenic. I know of no substance which, in my opinion, has the same odour, or an odour which resembles that of arsenic. It is stated that there are certain vegetable substances which give off an odour resembling that of arsenic; but here there were no vegetable substances. Phosphuretted hydrogen is also said to have the odour-I have manipulated it, and have never found the odour.-I account for the smell by the action of the carbon in vapour from the lamp, coming in contact with the arseniate of lime not already decomposed. If in the examination of any mineral substance, I had discovered the same results, I should have said there were traces of arsenic. I believe that was the odour of arsenic that I smelled.

Cross-examined by Mr. Brown.

I should build upon my examination, inasmuch as I say I believe it was the odour of arsenic.-I was not made acquainted with the circumstances attending the death of the individual whose stomach I was examining. I think I was informed that the examination was made with reference to a suspicion of poisoning by arsenic.-At the opening of the stomach, I do not recollect that any person was present but those I have named. During the course of the examination, persons occasionally dropped in. Dr. Hare was there. I do not recollect seeing Dr. Togno there.-The stomach had rather a dark brown hue; the course of the blood-vessels might be traced.—I never examined a stomach before, with reference to the suspicion of poison. I have been present when Mr. Robiquet manipulated with a view to the detection of poison. I never was present at an examination with a view to detect arsenic. The first test used, the ammoniacal nitrate of silver, showed no characteristic precipitate. I look upon this test as vague; as there was animal matter, and unless there had been a great quantity of arsenic, it could not have been discovered. The second test showed no characteristic precipitate. The colour of the water was grass-greenish. I know not whether onions or ginger will give such a green.

Authority goes to say that other substances produce an odour so like that of arsenic, that one may be deceived. A man can smell the shadow of a shade of arsenic. I cannot say what quantity will give the odour.I cannot say whether arsenic can always be detected in a metallic state, when its presence may be ascertained by its odour, although we have the means of detecting the smallest visible or tangible particles of arsenic. The fumes which emit the smell, produce the metal. The fumes are the metal in a gaseous form. The same process might produce other metal than arsenic. It is very possible there might have been mercury in the stomach. In that case we would have had a nitrate of mercury. There is something in the eye, as distinguishing between the metals produced. Where the liquid tests fail, and a metal is produced, it is necessary to apply tests to ascertain what the metal is. There are characteristics which the eye will detect so as to distinguish metals, arsenic in particular In the tube in which the ring was formed, we sawed off the glass containing that portion of the volatilized matter. It was digested in nitric acid, and the proper test used, and we discovered no arsenic.

(Mr. Brown here showed a small glass tube to the witness.)

There is mercury in the bottom of that tube.-The tube contains a metallic ring

of arsenic. I take the lighter ring to be such. This may be proved beyond doubt, by the correct application of heat to that part of the tube containing the ring. Zinc would be reduced by the same process we used.`

By the Court. When I have found arsenic by the blow-pipe, I have never been deceived in detecting it afterwards. When there is not arsenic sufficient to be weighed, we apply the term "traces of arsenic," in the description of the analysis of a mineral. It is the metallic substance that gives the odour.

Orfila is the best authority on poisons. Christison I do not consider as high chemical authority as Berzelius, Gay-Lussac, or Berthier.

Dr. Mitchell called again by Mr. Brown.

The tube shown to Mr. Clemson was prepared by myself. It does not contain any mercury.*

ISRAEL DEACON, twenty-fourth witness for prosecution, sworn.

I am Keeper of the Penitentiary for the City and County of Philadelphia. I knew the prisoner, Mina, by the name of Celestine Armentarius. The first knowledge I had of him was on the 17th March, 1830. He came into my custody, convicted of three charges of larceny; he remained until 9th May, 1831, when he was discharged by pardon. He was discharged between nine and ten o'clock, A. M.-I was in the habit of seeing him almost daily. I never knew him to have a fit, nor ever, heard of his having a fit.

Cross-examined by Mr. Brown.

I am principal Keeper.—I do not remember Mina's having been cupped in prison, nor do I remember the marks, when he came out.—If a prisoner is sick, or placed in the hospital, he is always reported to me. If he had had a convulsion fit, it would have been reported to me.-] -He was employed in winding bobbins in the weaving department.

ELLEN SHAW called again for prosecution.

I don't know much at present-there was a dispute arose about the carriage, between Mr. and Mrs. Chapman; she wanted to go out. She said, she wished to *** he was gone, she was tired of him. She said she was mistress of her own house, and would do as she pleased. He said he could not spare the horse, for he wanted to break up the ground to put his potatoes in. She replied, she wanted the horse, and she must have him. She got the carriage, and she and Lino went. This was about three weeks before his death. I have heard Mr. C. say to Mrs. C., he was very uneasy about Lino's being there-it was disturbing his peace. Mrs. Chapman replied that Lino should not go. Lino and myself were present, with Mr. and Mrs. Chapman.

Mr. Ross here offered to prove, by declarations of Mr. Chapman made in the absence of Mina and Mrs. Chapman, the dislike of Mr. C. towards Mina, and that he was the last person to whom he (Mr. C.) would have confided the care of his family.

Mr. Brown objected, upon the general principle, that declarations in the absence of the interested party are not evidence; and upon the ground that the expressions of Mr. Chapman which they now offered to rebut, were brought out in their own examination.

Mr. Ross offered the testimony to show that the inference which might be drawn from the letter to Watkinson, was not true. It was also offered to falsify the statements of Mrs. Chapman, made to witnesses examined for the prosecution.

The Court over-ruled the objection. The declaration of Mr. Chapman so far as he approved or disapproved the conduct of Mina at his house, would be evidence, to show the state of feeling between the parties.

Ellen Shaw continued.-At the time that Mina and Mrs. Chapman were absent three days, Mr. Chapman did nothing but run about the house, like a crazy man.—

* The impression of Mr. Clemson as to this matter, in which he appears to have been mistaken, was given upon a mere momentary inspection of the tube. Dr. Mitchell, in a letter to the compiler, adverting to this subject, says: "The mistake was one more important in appearance than reality, for, since my return, I have been able to make rings in tubes which contain no arsenic, which the advocates of 'crusts' would unhesitatingly declare upon oath, to be arsenical.' Mr. Clemson made no mistake, however, as to the ring; it was in reference to the globules in the bottom of the tube.