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the heir at law. A very long crofs-examination now enfued, in which the witnefs faid, that falivations, when properly conducted, or proceeding from neceffary causes, were never mortal; at leaft in the course of a long practice, be never had a patient die in his hands; that the deceafed had never had the bad tafte in his mouth at Cheame, or after he left Woodcote; and being asked by him about four days after he came to his house, whether he had the braffy tafte now? the deceafed anfwered, with fome degree of peevishness, "How can you afk fuch a question, when you know the cause of it to be the draughts I took at Woodcote?" That it was impoffible for mercury, which had produced a former, falivation that had entirely fubfided, to produce a fecond; that fresh mercury mult certainly be introduced into the body, in fome form or other; that even if it had compleatly fubfided for one, two, or three days, much lefs fix weeks or two months, it could never return without a new caufe; and that on the whole he was fatisfied, the last falivation, which was the cause of Mr. Scawen's death, was brought on by corrofive fublimate, given to him in his liquids or fpoon meat. The laft material queftion put to him was, to affign a reafon why he did not open the body, as he fufpected, nay, by his own declarations was certain, that the deceafed was poifoned? He replied, that as the poison had been administered In very fmall quantities, not as a firong dofe to caule inftant death, he thought it entirely unneceffary, becaufe in fuch a cafe the mercury would leave no visible traces.

Mr. Young, of St. Bartholomew's hof pital, was next examined. He confirm ed the teftimony of the foregoing wit nefs of his going to Woodcote, and of his being prefent when the deceafed affured him that he took no medicine of any kind but what had been fent from Cockeran's, nor from any one's hand but the prifoner. He faid, Mr. Sanxy defired the deceafed not to fwallow any thing, but to take it in his mouth and fpit it out into a bowl. He faid, that he looked upon it, the falivation he faw was caufed by fome preparation of mercury, he believed corrofive fublimate, introduced into the body. On crof-ex. amination, he was asked, if mercurial ointment was not very proper to dettroy vermin, fuch as thofe that appeared in the ulcer he faid it might: If the part affected was rubbed with any mercurial preparation, might not that cause a fali

vation? that, he faid, would entirely depend on the quantity. He was afked, if there are not means known to the fa culty to discharge the mercury out of the body and prevent a falivation? He faid, certainly to letfen the effects, but not entirely to top them. Being asked if the body had been opened, would not that lead to a knowledge of the caufe of his death he faid, yes; if the fublimate was adminiftered in large quantities, the traces and effects on the bowels would be visible, as the death would be violent and certain, but he doubted whether any appearance would remain from the flow operations which were the fubject of the prefent enquiry. He was afked, if the gums might fweil, and not mortify? or whether the mortification might not have proceeded from other caufes he faid it certainly might, but here the inflammation, which apparently produced the mortification, arose from the mercury, therefore the cause and effect were plainly pointed out and connected.

Wheelock, a carter, confirmed what had been mentioned by the two firft witnefies, to prove, that the firit falivation was not caused by a rheumatic tincture, which the deceased had taken before or after that time. He faid he had taken two bottles, which bottles were proved to be a rheumatic tincture, fold at Harris's in St. Paul's Church Yard. He deposed, that two bottles had been giv n to him by his mafter's orders, because he (the witnefs) was troubled with the rheumatifm; that he took them in the manner prefcribed, and that they had no other effect upon him than easing fomewhat of his rheumatic pains, and caufing a flight fever and a cough. This was an experiment made by the deceafed, to fee in what manner the tincture would operate on the old man, before he himself would venture to touch it, as he was afraid the tincture might have contained fomne portion of mercury.

Doctor Saunders gave it as his opinion, that the fymptoms defcribed carried about them every mark, as if the deceafed had lately taken fome mercurial preparation. The heat, the forenefs in the mouth, the brafly tate, the ulcers, and floughing, left very little doubt ihat they were occafioned by mercury, parti cularly the two last symptoms. On croisexamination he faid, that he believed Maredant's or Norton's drops would falivate, if taken in fufficient quantities. He had not analyzed them himself, but he took the compofition on general reAaaa 2

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port. He faid mercurius dulcis would have the fame effect, and wherever the leading fymptoms appeared, the reft would follow of course. He said the falivation may return after being flopped, that it may lie in the body, that it always produces a braffy tafte, but that he did not think that mercury, after caufing one falivation, could lie dormant in the body for two months, and again regain its activity.

Robert Erle, fervant to the deceased, depofed, that he purchased three bottles of the rheumatic tincture at Harris's; that he afked the person who ferved him, whether the medicine contained any mercury Yes, replied Harris's man, but it can do no harm, as the mercury will all fall to the bottom," faid that he had feen his mafter (the deceased) go to a little closet adjoining his study, and bring out a fquare bottle, and pour fome of it out into a tea-cup to drink; that this happened once or twice in the month of February; that he fometimes brought him his gruel, when Emor was out of the way; that it was prepared by the cook, and that all three of them indifferently ferved him with it, when the prifoner happened not to be immediately in the way; and that, on those occafions, he has feen the deceased finish it all.

William Dodd was examined, as the proprietor of the rheumatic tincture, fold by Harris. He said there was no mercury in the compofition. On cross-examination, he said he was a packer by trade, that he got the receipt of the tincture from Thompson, his deceafed father-in-law, who was a fadler; that he had no patent, and that he had no fpecification to afcertain its contents.

Harris, a bookseller, the vender of the tincture, depofed little more than that he had it from Dodd to felt, and knew nothing of its contents; but faid he never understood it contained any mercurial preparation.

Doctor Higgins faid, that he had analyzed the tincture, and did not difcover that it contained any mercury; but he faid, it was not fuch an analyfis as would juftify him in pofitively affirming that it contained none; because the process he made use of was only calculated to difcover the common mixtures of mercury made up in the run of quack medicines. On cross-examination he faid, that in weak or fcorbutic conflitutions, a very small quantity of mercury may have very powerful effects; that a falivation might return without taking or introducing mercury anew into the body, particular

ly by heating or active medicines, by ftimulants of various kinds, &c. the latent powers might be called forth; that, however, he could not think that the force of the mercury could again be called into action without fome collateral provocations. Among other things he inftanced cantharides. He faid, he understood that there was mercury in Maredant's drops, and that the bottle of tincture he analyzed, was not bought till after the affair of the poifon was firft fpoken of.

Mr. Godfrey, the chymift, depofed, that he analyzed four bottles of the tincture, and that they did not contain any mercury. When crofs-examined, it came out that the bottles were not bought till the 28th of July, some time after all the parties had been at Fielding's, and the prifoner had been committed to prifon.

Erle, the fervant, was examined a fecond time; he faid he bought the bottles about a week after Mr. Scawen's death, And a part of his evidence, which was omitted in its proper place, was, that the stuff his master had taken out of the fquare bottle was of a reddifh colour, and ufed to tinge the tea-cup he drank out of, and the Ipoon he stirred it with, of that colour.

Emor, the immediate servant of the deceafed, faid, that he took to Wheelock, the carter, the draught or tincture; that he understood Wheelock took a bottle and a half off, and that he never heard it had any effect upon him. Said he never remembered to have seen his mafter take bottles out of the clofet, as defcribed by Erle, nor did he see him vomit, He faid his gruel, and every thing he took, was given him by the prifoner; that the behaved very well towards the deceased, was extremely careful and tender, and used to drefs his wounds or fores.

William Walker, gardener, depofed, that the day the deceased was removed to Cheame, he heard the prifoner fay to his mafler," You fhall not go; I will not permit it." On which the deceased anfwered, "Would you have me tlay? I believe you mean to kill me quite: Would you have me ftay to be poifoned" He faid, the prifoner fent him to the deceased, defiring that fhemight have fome ftrong beer, therry-wine, and money; but that the answer he was directed by the deceased to give her, was, that he would give her no money, firong beer, or fherry-wine. On cross-examination, he faid, that when the prifoner told the deceased that he would go over to Mr. Sanxy's at Cheame, to fee him.

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he answered, "No, my dear, do not come to me; when I am well I will come to you.'

William Cantwell, coachman to the deceafed, confirmed the evidence of Walker, Emor, and Erle; and on cross-examination, they all agreed, that they believed all the harth expreffions used by their master, proceeded from the fuggeftions of Mr. Sanxy, who had perfuaded him, that the prifoner had poisoned him, as always till then they had perceived their mafter to behave towards her in the most respectful, endearing, and affectionate manner.

Dyer, fhopman to Cockeran the apothecary, was the last perfon examined on the part of the profecution. He was produced to prove, that none of the medicines fent by Cockeran, had any mercury, or preparation of it, in their compofition: he faid, he made up the lixivium, the farfaparilla, the chalk, and the teftaceous powders of the bark, which had been the things that were made up at Cockeran's fhop; and depofed, that none of them had a fingle particle of mercury in them.

About eleven o'clock, the evidence on the part of the crown being clofed, the prisoner was asked what the had to fay in her defence; she replied, that her fpisits were fo agitated he was not able to fpeak what the wifhed the court to hear; The begged, therefore, to be indulged with having her defence read by the clerk; this requeft was granted. It confitted of feveral theets of paper, clofely written, and took up near twenty minutes in the recital. It began with informing the court and jury, that at the early age of fourteen she was feduced from her parents by one of her own fex, and brought to Mr. Scawen; that through a variety of artifices fhe was prevailed on to continue in his house, and that the circumftance broke her father's heart; fhe confeffed that Mr. Scawen had spared no expence in perfecting her education, and that he had fhewn fo many inftances of friendship and kindness to her, that the tenderly loved him, and had, by a conduct of many years, convinced him of her affection and gratitude. During his illness, which was almoft without intermiffion for the laft fix years of his life, the acted as his nurfe, had watched him with the most wary care and the most conftant attention, having facrificed night after night to wait upon him and give him his food and medicines. She declared fhe had been treated by the whole family as Mrs. Scawen, and was received in the neighbourhood in the fame

character; that the really and fincerely loved the deceased; and, taking every circumftance into confideration, the hoped no perfon would harbour a thought fo injurious to her, as to fuppofe her a monfter capable of fuch an inhuman act as the murder of her beft benefactor.

Mr. Bromfield, the furgeon, was clearly of opinion, that the effects and force of mercury might return without a fresh caufe. He faid it was within his own experience, nay even within his almost daily experience, at the end of a month or fix weeks, or even a year. He fhould not, he faid, confine himself to a cafe in point, it was a matter of general experience, and of which he was aftonifhed any man could doubt. Weak, bad, or fcorbutic habits of body, frequently generated this diforder, with or without mercury. He attended a lady on whom all the symptoms appeared, and called in Sir Clifton Wintringham and another eminent phyfician. She had a fore floughed mouth; this produced a fever and inflammation, and she died of a mortified fore mouth the next morning. He inftanced feveral cafes, in which all the fymptoms defcribed by Mr. Sanxy might have proceeded, either from the habit, or from the mercury taken by the deceased in April. He went fo far as to say, that falivation might be caufed even by refpiration of air, impregnated by the particles of mercury floating in it; and closed his opinion with referring to the wellknown opinion of Dr. Mead, who said, that for months after falivations, fome internal and external caufe might call forth the activity of mercury lying dormant in the conftitution.

Doctor Brocklesby confirmed the general principles laid down by Mr. Bromfield, and took out of his pocket Dr. Mead's celebrated Effay upon Poisons, in fupport of his opinion. He was proceeding to read, but was interrupted by the oppofite counsel. The counfel on the part of the prifoner then infifted he might read it as his own opinion; but the court over-ruled that propofition, and defired him to proceed on what he knew from his own experience or general knowledge. He was clearly of opinion, that the operation of mercury entirely depended on the habit of body, and strength of the patient; that he had known eight ounces of mercurial ointment rubbed in without any effect, and he has known upon another occafion, three or five grains to have the defired effect; and that on the whole, mercury does frequently derive its activity from

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cufes little known, and in fome inftances impoffible to be accounted for. But the two main points he infifted on were, that it was impoible to adminifter corrofive fublimate fo as to produce any dangerous effects unknown to the patient; for he had tried the experiment on himself, by mixing the 1-2000th part of a grain in water about three days before, and took it an hour and an half before dinner; yet after eating hearty the talte remained ftrong on his mouth: the other inftance was, that from having any quantity of mercury in the body, the fwallowing any liquid wathes it from the roots of the tongue, and never fails to produce the braffy tafte fo much relied on by the gentlemen on the other fide.

Mr. Howard, furgeon, and doctor Ingram, confirmed the opinions of the two preceding witnetles, and faid, they knew infances, in which the firtt falivation had fubiided for two or three weeks, and the mercury had again been called into activity.

Mr. Perry, a furgeon, ftrengthened this doctrine with two or three very curious cafes; faid he knew the deceased; that he advised with him about fome of thofe quack noftrums; that he analyzed the rheumatic tincture; and that it precipitated a great quantity of mercury.

The Rev. Mr. Lodge faid, that he was prefent frequently when the prifoner endeavoured to diffuade the deceafed from taking quack medicines. Befides this, he gave her the moft favourable character.

Mr. Townend faid, he (the decea. fed) was always quacking himself. He gave the belt character of the prifoner,, and faid, the deceased called upon him to dine in April, that he was then greatly emaciated, and told him he was gone, for he had been, he feared, poifoned with quack medicines.

Mifs Smith was the last person examined; the confirmed what Mr. Townthend and Mr. Lodge had faid, relative to the prifoner's character; her care, affection, and tenderness for the deceafed, and her continually complaining of his taking quack medicines. It was likewife proved that the might have abfconded if the chofe; that it was with diticulty they got her from Woodcote to Somerfet-houfe, where the deceafed had lodgings; that there was feven days between the time he was first questioned till she was taken into cuftody; and that when the left Somerset-house, the made no fecret that she was going to a lady's boufe in Arlington-fireet,

The evidence being finally closed about two o'clock, the Lord Chief Baron Smythe fummed up the evidence on both fides, and ftated likewife to the jury the prifoner's defence. This took up about an hour and an half, when the jury, after being out a quarter of an hour, returned, and found the prifoner NOT GUILTY. The prifoner behaved throughout the whole trial, with the utmoft propriety, and with that appearance of decent fortitude which is known generally to accompany innocence: and it is hardly to be credited what loud and almoft universal acclamations arose when the verdict was given.

We cannot conclude this account of Mifs Butterfield's trial, without lamenting her hard fate, in not only being ar raigned as a criminal, for no lefs a crime than murder, but also the lofs of her fortune, Mr. Scawen having revoked the will he made in her favour, and fubfìituted another, bearing date the 22d of June laft. By this will he bequeaths the fum of ten thousand pounds to Mary Fling, his natural daughter, who refides at Exit Grintlead, with Mrs. Withers, and likewife all his perfonal eftates, which are to be inherited by her heirs; and in default thereof, to devolve to James Scawen, Efq; A codicil is added to this will, bearing date the 27th of June, 1775, in order to remove any doubts whatever, that may arife concerning the revocation of any preceding will. He bequeaths no other legacies, this lait will being apparently made with the view of excluding Mifs Butterfield from the benefit the might derive from his former teftament. We shall make no comments upon this extraordinary business, but leave the humane reader to his own reflections! Account of the Proceedings of the American Colonifts, fince the faffing the Bofion Port-Bill. (Continued from p. 472.)

SINCE the publication of the Gazette

account of the battle at Bunker'sHill, the provincial account of that batthe has appeared in the American papers, particularly in the New-York Gazette. There it is faid, the Provincials were only in number 1500, and the Regulars 2000; that the Provincials had orders not to fire till the Regulars were within fifteen rod of them; and that then, on a general discharge, the Regulars fell furprisingly; that the action continued hot for two hours, when the Regulars on the right fell into confufion, and were purfued by the Connecticut troops, who, in the critical moment of triumph, were

ordered

ordered to fall back, to make way for freth troops that had not yet been in action; that these orders being miflaken for a retreat, the Provincials gave way, and were followed in their turn by the Regulars; that this being obferved by the Provincials on the left, who likewife had the advantage, they alfo thought fit to retreat, for fear of being furrounded; that the retreat of the Provincials was general and precipitate; and that, as they had feveral narrow caufeways to pafs, where they were expofed to the cannon of the hips, and the artillery erected on floating batteries, they fuffered confiderably in their paffage; that they were purfued to Winter's Hill by the Regulars; but that there, being reinforced with freth troops, they renewed the fight, and, in their turn, became victorious, driving the Regulars before them till they were under cover of their artillery that the loss of the Provincials was from 40 to 70 killed, and about 140 wounded; while that of the Regulars is exaggerated to between 400 and 500 killed, and more than that number wounded. Of the Provincials no officer of note was killed, except a Colonel and a Lieutenant-Colonel of the Hampshire regiment, and Dr. Warren. Of the officers killed on the fide of the Regulars they make no mention. This is the fubftance of the Provincials account, impartially ftated. But there are other accounts of this action, which, from the internal evidence of their authenticity, deferve credit. Among others, there is a letter from an officer on board one of his Majefty's fhips, that had an active part in the engagement, in which the writer, though he may enlarge in making the number of the Provincials 5000 at the beginning of the action, yet certainly was well informed of what happened in the conduct of it. "The rebels," fays he, " oppofed our troops with firmnefs, and, in lefs than 15 minutes, there was the hotteft fire than any of our foldiers ever faw, kept up by scoo ́rebels and 2000 of our troops; they fell very fait on both sides. All the grenadiers, except frue, were cut off in florming the battery," &c. This circunftance we could not help pointing out to our readers, not only as a memorable inftance of English valour, but as a fact, in the recital of which there is no exaggeration, as the two accounts mutually ferve to confirm each other. What hiftory can produce a parallel inftance of the intrepidity of a body of men, who could perfevere in advancing, after all their officers

were flain, till only free of their number were left alive, and thofe led on by the oldest foldier?

The tranfactions of the American Congrefs, though conducted with the greatest fecrecy, begin to be difclofed. We now difcover, that the feizing of Ticonderoga and Crown-Point, which was given out as the rafh attempt of a few private defperadoes, was a preconcerted measure; that a friendly addrefs to the Canadians preceded the execution; and that, by fecuring those pafles, the intent was, to prevent the Indians from falling fuddenly upon their back fettlements, and to check Gen. Carleton in his progrefs, fhould he attempt an irruption on that fide with any confiderable number of Canadian troops. In the letter written by order of the Congrefs on this occafion, after apologizing for the hoftile invafion of their forts, We," faid they, "for our parts, are determined to live free, or not at all. *** We yet entertain hopes of your uniting with us in the defence of our common liberty; and there is reafon to believe, that, fhould we join in imploring the attention of our Sovereign to the unmerited and unparalleled oppreffions of his American fubjects, he will at length be undeceived, and forbid a licentious miniftry any longer to riot in the ruin of the rights of mankind."

With this view the Congrefs have once more petitioned the throne, and it is faid Mr. Penn, brother to Gov. Penn, proprietor of Pennfylvania, has undertaken the arduous task of mediation.

At the fame time they published their declaration of the reasons which induced them to take up arms, in these words: A Declaration by the Representatives of

the United Colonies of North America, now met in General Congress at Philadelbia, fetting forth the Causes and Necefity of their taking up Arms.

"IF it was poffible for men who exercife their reafon, to believe that the Divine Author of our existence intended a part of the human race to hold an abfolute property in, and an unbounded power over others, marked out by his infinite goodness and wifdom as the objects of a legal domination, never rightfully refiftible, however fevere and oppreffive, the inhabitants of thefe Colonies might at least require from the Parliament of Great Britain fome evidence, that this dreadful authority over them has been granted to that body. But a reverence for our Great Creator, principles of humanity, and the dictates of

common

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