indictment. Upon this point issue was joined; and
evidence was brought to prove the assault. The
question was submitted to the jury. For a long time they
could not make up their minds; and at seven o'clock
the judge told them that if they were enclosed for the
night they would get no refreshment till Monday
Whereupon one juror said. "We will all be dead before
that time!" another, "Will your lordship allow us to
send for our greatcoats?" a third, "Could your
lordship direct us to find a verdict?" Once more they
retired; but about eight o'clock there was still one
who disagreed; and they petitioned for a few minutes
more. In brief space they returned, and handed in
this verdict—" We find that the acquittal of the charge
of abduction is not an acquittal of the felony or felonies
in this indictment." They were then discharged.
On the 31st Mr. Carden was again tried, for the
assault on John Smithwick. Here the jury, after five
minutes' deliberation, returned a verdict of "Not
Guilty;" and the announcement was hailed with
cheers,—the ladies waving their handkerchiefs, and the
cheers being echoed by the crowd without. Before
Mr. Justice Ball passed sentence for the attempt
at abduction, Mr. Carden endeavoured to explain some
of the darkest features of the case against him. He
said that he did not wish to palliate the heinous crime
he had committed, nor to influence the court as to the
punishment it would inflict; but he did desire to state
that the main positions of the Attorney-General in his
opening speech were untrue. "The first is, that I was
influenced in this attimpt 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." He gave this explanation of the
chlorolorm and other medicines found in his carriage,
"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 county. He is a clever
man, a book-worm, 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
would, 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
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 pocket-handkerchief 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. 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." In
passing sentence, Mr. Justice Ball dwelt with the utmost
severity on the enormity, and, happily, now the
rarity of the crime; declared that he could find no
mitigating circumstances; and sentenced the prisoner
"to be imprisoned for two years, and kept to
hard labour during that period." The accomplices
will be tried at the next assizes. The
state of public opinion and feeling excited in
Tipperary by this atrocious case, is thus described by a
correspondent of the Cork Examiner:—"I have myself
heard several gentlemen, many of whose names were on
the county panel, palliating the crime of Mr. Carden,
and speaking in strong terms of indignation of what
they call 'the persecution' on the 'part of the government.
The extreme amount of punishment which can
be awarded for the offence of which he has been
convicted is an imprisonment of two years and a fine, and this
they look upon as more than proportioned to the gravity
of his offence. A general expression, too, in use among
this class of persons is 'that he was too good for her,'—
that is to say, that the personal advantages, high birth,
and good lortune of Mr. Carden made it rather a
condescension on the part of that gentleman to run away
with a lady possessed of thirty thousand pounds' fortune,
but who was only the daughter of an army clothier; and
they appear to be rather indignant at her presumption
in having an opinion of her own upon the subject.
Among the humbler classes, more particularly the
female portion, this feeling exists to a far greater extent
even. The old feeling of respect for aristocratic descent
still appears to possess a very strong influence upon the
people in this part of the country, and makes them
inclined to take the side of the gentleman against what
they consider the parvenu; and a not wholly-extinguished
admiration for deeds that in the old times used to be
considered gallant, or were of a dare-devil character,
inclines them to look with great toleration upon this
mode of wooing a bride. The phrase used by persons
of a more respectable rank, 'that he was too good for
her,' is repeated with great energy by their poorer
neighbours. Nay, so strong is this feeling that the
popular, and particularly the female popular, indignation
was not against Mr. Carden, but against Miss Arbuthnot.
I have been assured that great fears were
entertained lest the young lady should be hooted in the
streets, and I have myself heard crowds of amazons in
the neighbourhood of the court-house express their
anger that 'such a fine man should be put out of the
way for the like of her.'"
At the Derby assizes on the 29th ult. seven men were
tried for the wilful Murder of Mr. William Leonard
Bagshawe. The evidence was the same with that which
had previously been given before the coroner. Mr.
Bagshawe, a young man, had recently resided at one of
his mansions in Derbyshire—Wormhill Hall, near Tideswell.
He was an ardent sportsman. He had the
exclusive right of fishing the Wye for a distance of
three miles; and he was much annoyed by the nightly
robberies of fish by poachers. On the night of the 19th,
he and Captain Partridge and the Reverend Mr.
Halford, with a keeper, went out in search of poachers.
Near Miller's Dale tollbar, they discovered about a
dozen men busy spearing fish—holding lighted candles
near the water to attract the trout. Mr. Bagshawe was
much excited, and wanted to attack the foe at once;
hut his friends induced him to obtain more assistance.
A farmer and his three sons and another man were
speedily procured, with a large bull-dog. A dash was
made at the poachers; they fired twice—whether at the
dog or Mr. Bagshawe's party is not at all clear; then a
hand-to-hand conflict with guns, sticks, and spears,
followed. Mr. Bagshawe struggled with two or three
men in the water, and sustained fatal hurts—his skull
was fractured by blows, and his liver was ruptured, it
was supposed by his having been trodden upon in the
fight. Two of the poachers, Milne and Taylor, were
secured; the rest escaped. Mr. Bagshawe was
conveyed to an inn; where he died nexi day. Only two of
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