highest authority I know. I believe it preserves locally, without having effect on other portions of the frame. Bodies may be preserved unusually long from peculiar circumstances, such as the condition of the body as to leanness or obesity; state of the ground; or nature of the disease.

Arsenic is that poison which is, perhaps, most easily detected a long time after death; its mineral nature, to a considerable extent, preventing its being lost. It can also be detected in very minute quantity. My impression is that some authorities state that so minute a portion as the 200th part of a grain may be detected. Such minute quantities may be detected only by the most expert chemists; but certainly, a grain of arsenic will furnish several experiments to those not particularly skilful. The proofs of the existence of arsenic are made out chemically by tests on one hand, and reduction on the other. The tests, when they yield the characteristic appearances, furnish a strong proof of the presence of arsenic; but the reduction of the metal is more conclusive. The exhibition of the poison in its metallic state is the best evidence the case admits of; and, in my opinion, can always be effected when the liquid tests indicate arsenic. The reason why I consider reduction a better evidence than precipitation by the liquid tests, is, that precipitates are more likely to be mistaken in their character, than metallic arsenic. Some of the best authorities are in favour of the proof by metallization, as being that on which most dependance can be placed; and all speak of it as a highly important proof. I would not be willing to decide on the presence of arsenic without reduction, because I would not be satisfied by any evidence or proof except what I considered the best. I examined the contents of the stomach of Mr. Fenner, in conjunction with Dr. Bridges, and did not feel satisfied of the existence of arsenic until reduction was effected.

With regard to any possible effect of arsenic in preventing putrefaction, it is my impression that if this supposition be well founded, and the mineral were present in sufficient quantity to have a general effect of preserving the body, it could be readily detected. Reduction is the most decisive test. I think the alliacious odour is not to be depended upon, because other substances have some analogy in odour. The best authorities are against the conclusiveness of this indication.

Cross-examined.

I do not recollect having seen a case of cholera, in which such burning heat in the stomach, as is described in this case, occurred. The lividity described is one of the appearances after death in cases of poison by arsenic.-From the symptoms detailed, I should certainly say that Mr. Chapman did not die of an affection of the head.—If there is no vomiting, less than 5 or 6 gr. may kill.-When I say the appearances in death by yellow fever are very similar to those produced by arsenic, I mean the appearances of the stomach; other appearances are widely distinct.-In Fenner's case I do not recollect that the alliacious smell was produced-I think it was not sought after. Phosphorus has a smell somewhat alliacious; in this case, phosphorus could not be present in the body; but phosphoretted hydrogen, which has a smell somewhat alliacious, and which is sometimes the result of putrefaction, might possibly be present. I have never observed the odour of phosphoretted hydrogen in cases of putrefaction. Zinc is said to have a smell somewhat like garlic, but I have never perceived it. The smell of garlic itself, in cases of examination soon after death, might be mistaken by the inexperienced for the alliacious smell produced by arsenic. I think garlic could not have been present after so long an interment as in this case, which I understand to have been nearly three months. Nothing else that occurs to me will produce the alliacious smell. I do not think I should be apt to mistake the smells I have mentioned for that produced by arsenic, but I might do so. In Fenner's case I was very much struck with a peculiar odour from the stomach and bowels, such as I never remember to have observed before from a dead body. I mentioned it at the time to those about me. It was like tanner's oil.

In common cases of cholera there is not active inflammation of intestines or stomach. If there were a bloody discharge from the anus and no inflammation of the intestines, I should suppose there was local inflammation near the anus. There might be a train of symptoms, which would furnish a strong presumption that they were produced by the taking of corrosive poison. I do not recollect ever examining a body after death by cholera morbus.

DR. JOSEPH TOGNO, second witness for defendant, sworn.

I am a practitioner of medicine.

I studied with Dr. Chapman, and graduated in

the University of Pennsylvania. I have delivered lectures on anatomy, physiology, comparative anatomy, and medical jurisprudence.

Considering human fallibility, and considering all that has transpired before me during this trial, I now with reluctance come forward to testify even to the evidence of my own senses.-My friend, Dr. J. K. Mitchell, is in the habit of inviting me to his laboratory every time that any thing interesting is going on. I do not distinctly remember whether I was invited on this occasion, but availing myself of his general invitation, I paid him a visit on a certain day, the date of which I do not remember. Here I found him busily engaged with his friend Mr. Clemson, whom I had never seen before; and who was introduced to me by Dr. Mitchell. This being done, they proceeded to their examination. A solution, which was said to be that produced from certain manipulations of the stomach of a Mr. Chapman, was over a spirit lamp, for the purpose of condensing the fluid. From time to time Dr. Mitchell and Mr. Clemson tried two tests in my presence. The one was nitrate of silver; this trial failed in obtaining the desired result. I was convinced of this, and so was my friend, Dr. Mitchell and Mr. Clemson. The ammoniacal sulphate of copper was then applied, and this test also failed in producing the desired result. While they were thus engaged, I proceeded to a box in which was contained a glass jar, in which the stomach of Mr. Chapman was, as I was informed by Dr. Mitchell. Having heard a great deal of it, curiosity urged me to examine it, and having then no ulterior view, I perhaps did not examine it with all that care and accuracy which such a case always demands. As well as I can remember, the stomach was in spirit of wine. I took it in my hands, and found there was a cut through the coats of the stomach, which exposed its cavity. I turned the inside out, and the whole surface, as far as I now remember, presented one uniform pale colour, resembling a piece of tripe after being washed, with the exception of two dark purple spots, of the size of a cent; and I believe that they were on the posterior part of this cavity, at about a distance of one inch from each other. To this, nearly, my examination was confined. The stomach was somewhat hardened by the spirit in which it had been plunged, and its apparent consistency increased by this process. Not knowing any one of the particularities of the case, except a general rumour that a certain Mr. Chapman was poisoned, I paid no further attention to the case. This is the amount of the facts to the best of my recollection.

In reply to questions put by defendant's counsel.

With respect to the two spots spoken of, my impression was, that they were a mere cadaverous phenomenon, there being nothing more common than the settling of the blood by its specific gravity in the most depending parts of the stomach or any other part, some time after death. To this phenomenon, at the time, did I ascribe the cause of these spots, and not to inflammation. By cadaverous phenomena, I mean those regular and gradual changes which take place after death, and gradually increase to the destruction of every tissue or part.-The nitrate of silver should throw down a straw coloured precipitate. This, however, presupposes the arsenical solution to be colourless, and free from any animal or vegetable matter. The precipitate thrown down in this case while I was present, was of a brownish yellow. The slightest reliance could not be placed on that experiment; but if the arsenic has been mixed with soup, a white precipitate would be produced. The ammoniacal sulphate of copper would throw down a brilliant green with flocculency. In this case it scarcely threw down any precipitate; what it did was of a dirty green, and I believe it soon changed into a bluish green. Suffice it to say, that we put no confidence in the result of these two experiments. There are vegetable substances which will produce a green very nearly alike that produced by the solution supposed to contain arsenic in this instance. Those which I have tried are a tincture of ginger and stramonium, substances often used in medicine. I do not mean to say that the tinctures of these substances will produce as perfect a green as a colourless and pure solution of arsenious acid; but that in this case the two might be readily mistaken. The colouration of the solution of ginger would be as clear a green as that produced in this instance. I speak from actual experience. Stramonium would colour the water in the same manner. In elementary works a number of other substances are mentioned which will produce the same result.

Sulphuretted hydrogen is the great detecter of metals generally. I believe it will detect any metal. The detection of arsenic is exhibited by a canary yellow precipitate. The reduction of the metal is the best test of arsenic. Where the tests answer perfect

ly, the metal may be reduced. If any portion of arsenic had been exhibited by these tests, it could have been reduced, in the hands of a skilful chemist. As I am not a very proficient chemist myself, and do not make it my sole pursuit (although I am not a stranger to chemistry), I must rely upon the authority of the best chemists when I state, in answer to the question, that I believe a portion as small as the 200th or 300th part of a grain has been obtained. I do not believe there could be arsenic enough to resist putrefaction in the stomach, which could not be detected by the regular process. I should not feel myself authorized to say there was arsenic from the liquid tests without reducing the metal.-I have heard the symptoms detailed by Dr. Phillips and others. These symptoms are exhibited by other diseases, so much so as even to deceive an experienced physician. I come to this opinion, not upon actual observation, but from the careful perusal of the best authors upon the subject. If the observer is a good observer, and in whom we can rely, then we can come to some conclusion, but never as when we examine the thing ourselves. The accumulation and progress of every kind of knowledge depends on the question now put to me. Towards the last moments of life the pulse generally diminishes, the contractility of the heart diminishes also with the life of the individual. Fluttering and irregularity of the pulse are not unusual in other diseases. As a general rule coldness and clamminess of the extremities exist in all diseases. All the symptoms detailed by Dr. Phillips, accompany cases of cholera morbus. Cases of violent indigestion would present very much the symptoms detailed in this Court by various persons.-Discharges from a diseased rectum would be attended with considerable pain. There are bloody fæces in piles. In diseases of the rectum, violent diarrhea, dysentery, &c. bloody discharges to my knowledge are common. When such cases terminate fatally, we find on examination the alimentary canal ulcerated in different parts, which accounted for the bloody stools.-The rigidity of the body some hours after death is not an unusual thing. The body becomes rigid as it becomes cold, and its degree of rigidity is always in proportion of its degree of coldness. It has always a tendency to become cold some hours after death. The rigidity observed in a common case of death by arsenic, cannot be distinguished from the rigidity attendant on any other disease; unless the rigidity has been produced by violent convulsions, in which case there may be contractions of the limbs.

As to the preservation of the body after so long an interment, it may be ascribed to a variety of causes, or all may partially contribute to produce this result; for instance, the age, sex, and temperament-the disease which produced death, and its duration-the state of obesity or leanness of the individual-manner of burial-the season of and time kept before burial-the manner of inhumation—the quality of the soil the depth of the grave, and finally the flatness or declivity of the ground. These results have been obtained by Orfila, from a series of experiments purporting to ascertain the influence of all these physical agents in retarding or accelerating putrefaction.

I could not discover the state of the inside of the stomach from the appearance of the outside, any more than I could discover the lining of the coat by examining the cloth of which the coat was composed. The external surface of the stomach is covered by a membrane whose functions are diametrically opposite to those of the one inside. Opinions are divided as to the number of coats of the stomach. There are three coats. In a very violent inflammation of the internal membrane, the external membrane sympathizes and becomes inflamed; but the external membrane being inflamed is no evidence of the internal membrane being so.-I could not tell the difference between inflammation produced by arsenic, and inflammation produced by any other cause, as I never saw a case of death by arsenic. In violent vomiting, the gall bladder would probably be found empty. In cases in which there is no vomiting, the arsenic would invariably be found in the stomach. The emptiness of the intestines after death, depends upon the diarrhoea which preceded death. As to the appearance of the intestines I would put no reliance, as being caused by a phenomenon during life, because, during the lapse of three months many phenomena must have preceded the one observed by the gentlemen appointed to proceed to that examination. Moreover, Dr. Mitchell speaks of having observed that the mucous membrane was detached in some parts from the muscular coat, which is certainly an evidence of an advanced degree of putrefaction, showing the fallacy of judging of this case by the appearance observed in the examination. I cannot say that the symptoms would be incompatible with cholera morbus.

For the opinions I have expressed, I rely on Orfila and Montmahou. Berzelius I should put at the head as a chemical authority. Christison is a distinguished authority.

From the best of my impressions I should say, from the symptoms, post mortem examination, and chemical tests, that William Chapman did not die of arsenic. Cross-examined by Commonwealth's counsel.

I have been a practitioner of medicine three years.-I can state the general symptoms of poisoning by arsenic, but after all they would be fallacious, as, of all the cases which I have read in detail, no two are alike. Violent vomiting, one, two, or more hours after taking the poison, occurs; a constriction of the throat; pain and burning in the stomach; great lassitude, disabling the individual almost to move; after the vomitings have continued some time, thirst; and if this state continue, purging follows; the circulation is slow, and participates in the general prostration of the vital powers. These symptoms run through their career in the space of a few hours-for instance, from three hours to twenty-four hours. These are the general symptoms-there are nervous symptoms, such as convulsions, and at times the loss of the intellectual faculties towards the end of the case.

The reason why I am induced to believe he did not die of arsenic is, that no arsenic has been found. I have no testimony that he did die of arsenic from the exhumation-far from it-the gentleman appointed to examine the body candidly and honourably to himself acknowledged that the examination was imperfect. If I had examined the stomach the day after there would be no certainty that he died of arsenic. There was no appearance in the stomach that induced me to believe he did die of arsenic; my reason is this; that at the time Dr. Mitchell stated that the mucous membrane was detached, which was an evident proof of an advanced stage of putrefaction, which must have destroyed all the appearances which existed during life. There was no appearance in the stomach that he did not die of arsenic. He had not any one symptom that any person dying of arsenic would not have. I have been a student of chemistry and of medicine for eight years. I have studied chemistry with Dr. Green, Dr. Hare, and Dr. Mitchell. I have not paid much attention to analytic chemistry-I mean the manipulation of it.

I believe the stomach was in spirits of wine. I am not positive. I should put greater reliance on the symptoms and the exhumation if the tests had not failed; but these failing, their failure reacts upon the symptoms and exhumation. If the poison had been found, then I should say that the symptoms and appearances were to be regarded, to show that the poison was in the body during life, and not put in after death. I mean that if there is no arsenic found, all symptoms and exhumation go for nothing. In a word, no poison-no poisoning,-no cause-no effect. I consider that the symptoms, exhumation, and tests, are no evidence that he died of arsenic. The symptoms, exhumation, and tests, satisfy me that he did not die of arsenic. I am of opinion that if arsenic enough has been given to produce death, it could be found, and because upon the proper tests being employed, it was not detected, I infer he did not die of poison. There is one case recorded in Orfila, of a man who was supposed to have died by arsenic, and no trace of it found afterwards, but it is not believed to be true. Such cases are not believed by persons who cultivate medical jurisprudence. Orfila says the case I mentioned is not true. Christison, as well as Orfila, says, that in every instance in which they have analysed the contents of the stomach of persons dying by arsenic, they have found it by reduction. I should not rely on the alliacious odour. As a single test, standing by itself, established authority says it ought to be entirely discarded. Whenever the fumes are sufficient to impart this smell, the metal may be reduced. I have bestowed great attention to medical jurisprudence.

COL. ESTANISLAO DE CUESTA, third witness for defendant, sworn.

The witness asked for the aid of an interpreter, believing himself to be unable to relate his narrative in the English language. He referred to two of the counsel, (Messrs. Reed and M'Call,) either of whom was well qualified, he said, to render that assistance.

Those gentlemen desired to be excused, by reason of the situation in which they were placed as counsel in the cause, as well as from a conviction that the witness was sufficiently acquainted with the English language to obviate any need of an interpreter.

Judge Watts said, he had conversed with Col. Cuesta, and was persuaded that he need not apprehend any difficulty.

The witness then proceeded, referring to Mr. Reed for assistance, on a few occasions, in the course of his testimony.

I am Consul of the Mexican Government, for the city of Philadelphia. In May last, I resided in Union Street, No. 5.-My office was next door, No. 3.On the 17th or 18th of May, 1831, between twelve and one o'clock of the day, there came two persons to my office, one of whom saluted me in Spanish, telling me that he was an unhappy Mexican, whose name was Lino Amalio Espos y Mina; and requesting me to hear his misfortunes. The other person was a lady, Mrs. Chapman. I then offered them seats, and they sat down.

He told me that he was a Mexican young man, whose family were in California. His father, he said, was governor of that State, and his mother was in Mexico. He (Lino) lived with his grandfather, who was very rich, and that was the only merit he had; for he had the same education which I might perceive in himself. His grandfather, having made an acquaintance with an English gentleman, was induced, at his request, to send Lino with him to Europe for some years, that he might see and learn something of the world; and for that purpose, gave him money enough to travel. They went by the city of Mexico, where his mother was, and remained there a week or ten days; she recommended them to Mr. William Taylor, Consul of the United States at Vera Cruz, telling them that this gentleman was very intimate with her, and he could be useful to them. They proceeded to Vera Cruz, where Mr. Taylor received them into his own house, and took their passage for them in a vessel about to sail for France, telling him (Mina) to send letters for his family to his care. They arrived in France, I do not remember how many days after. In a few days after their arrival, the English gentleman in whose company he went, died suddenly while in church. He then inquired for some person who could speak Spanish, as he could not speak French-a Spaniard came and offered his services. He told him what had happened, and asked him to take him home. They went to the hotel. In a few minutes after, the English Consul came to his room, taking away all their trunks and money; Mina told him a part of those things belonged to him, but the Consul would not believe him, but told him, if he had any right to those things, he could have them in time. Mina was not afterwards able to find the Consul, or any one that accompanied him. Finding himself in a strange country, and without friends, and not speaking French, he complained to a gentleman who was in the same hotel, and asked him for advice. That gentleman pitied him, and told him he had better go back home-that he himself had been in the same circumstances; and gave Mina $100 to enable him to return. Mina then determined to come to Boston, having a relation in that place, and having heard that his grandfather had money in a bank there. He arrived in Boston, and was disappointed in learning that his relation had gone to Mexico, with a lady whom he had just married; and he was not able to hear any thing as to the money in the bank.— Not being acquainted with the English language, he determined to come on to New York, to see if he could find a friend of his who had taken leave of him in France, for this country. At New York he was told that they would inform him at Joseph Bonaparte's where his friend was; he went there, and could not find any one, and determined to come to Philadelphia by land. He got tired on the way, and went to a tavern to ask for something to eat, and a room to rest. They told him he could have any thing he paid for; he said, he had no money-and the man told him he could go away, for he would not give him any thing. Going on his way he saw a country-house, where he stopt to ask for the same thing. On his telling them how tired he was, and how much he had suffered, they offered him to rest there during the night, and he could go the next day. On that night he told them his history. The next day he thanked the owners of the house for their hospitality, telling them he was going to take leave. They told him that his lot need not change so soon, and that he had better remain there until he found some friend, or received some news from his family. He accepted the offer; and they took him to Bonaparte's, to ask for the same gentleman that he wished to see before; they could not see him, and came back again. Afterwards they came to Philadelphia, and somebody sent them to my office. He then requested me to send the letters which he had in his hand, to his family, and until he received an answer he said he would wait in