WEST BRITON AND CORNWALL ADVERTISER ASSIZES, part 4 - 4 APRIL 1851 CHARLES MASTERS pleaded Guilty of stealing a pair of shoes, the property of THOMAS CHAPMAN, of the parish of St. Kew. Three Months’ hard labour. ………. CHARGE OF MANSLAUGHTER - WILLIAM HAMLYN PASCOE, 50, was indicted as follows: - that previously to the commission of the offence, HEZEKIAH BUNT became very sick and disordered in his body; that the prisoner was under his care and treatment on the 11th of March, and that he feloniously administered to him eight drachms of opium, of which he became mortally sick and died. He was charged also with the same offence under the coroner’s inquisition. MR. STOCK for the prosecution, and MR. SLADE for the defence. Mr. Stock stated that the charge was one of very serious importance; that a sufficient quantity of laudanum had been administered to cause speedy death; that this was done by a medical man under circumstances, as was alleged, of gross negligence; and that he should call witnesses to show that the defendant was intoxicated at the time he administered the laudanum. He then called the following witnesses: -JANE BUNT, wife of the deceased – I live half a mile on the Newquay road from the Indian Queens. My husband was a labourer, and was 39 years of age; he had been unwell, and had been spitting of blood, his illness had been of two years duration; was attended by MR. MOORMAN. On Tuesday the 11th of March, my husband and I went to Cubert to see MR. PASCOE, surgeon, about his complaints; learnt that Mr. Pascoe had gone on to Newquay; found him at Mr. MICHELL’s the druggist; LEWELLYN the shop boy was also there; got there between three and four in the afternoon. My husband told Mr. Pascoe he had come to be examined by him; Mr. Pascoe was sitting on a chair and rose up to examine him. My husband was coughing, and Mr. Pascoe took notice of him; examined his sides, looked at his tongue, and felt his pulse. He put his ear to his side. My husband asked if he was in a decline. Mr. Pascoe answered that his lungs were no more affected than his were; he said he would exchange lungs with him if possible; he said his disorder was nothing from the chest, but a bilious attack, and bad digestion. He told my husband he must make use of light food and not make use of anything salt. He said he would cure him from the present condition he was labouring under, but would not say he would never feel the same again. He then wrote a prescription for him and laid it on the counter. He then gave my husband something to drink; I did not know what it was. Mr. Pascoe then asked the shop boy for something to make pills with; it was given to him; he asked for something more, and the shop boy said he would get it from up stairs. The shop boy left the shop for that purpose. Mr. Pascoe then went inside the counter and took down something very dark; took it from the shelf; he said, “opium” and emptied out some in a measure. I should think he poured out from two to three table spoonfuls; after had poured this in, he went the other side of the door and took down a decanter and said “aqua.” He put this into the measure, and made it about half full with the two sorts. (Measure handed to witness.) This is a measure like it. (Witness pointed how far up the dark substance filled, and how far the measure was filled when the light stuff he called “aqua” was added.) After this Mr. Pascoe handed it out over the counter to my husband and said “drink it my friend.” My husband shook his head; I said “taste it” and my husband then drank it off. Soon after this, Mr. MICHELL, the owner of the shop, came in. Mr. Pascoe spoke to him, and said he wanted him to take down what he wanted for medicine for us to take home. Mr. Michell wrote down what Mr. Pascoe named; and it was handed over the counter to me. I offered it to my husband; but he said he was very drowsy. Mr. Pascoe then looked for something to revive my husband; it was mixed and given to him, but he did not revive. He appeared very drowsy, and Mr. Pascoe helped to lay him on the floor, and said “let him lie an hour or two.” We tried to arouse him, Mr. Michell and myself, but could not; Mr. Pascoe had then gone away. Mr. Michell went for a surgeon, and after a time MR. JEWEL came; cannot say how long this was after he had been laid on the floor; should think it was about three quarters of an hour. He was removed to Mr. SIM’s Inn, at Newquay; was put to bed; no person could arouse him, and about half-past eleven he died. I saw Mr. Pascoe take the bottle from the shelf; it remained there on the counter some time, and I saw Mr. Michell put it back. I pointed out to the shop-boy that that was the one from which the dark liquor was taken. Cross-examined by MR. SLADE: We had heard that Mr. Pascoe was a clever man. We started from home at nine o’clock in the morning. When we came to Cubert, the workmen had just gone to work after their dinner; stopped there for the horse to eat some corn; my husband had a pint of ale there. At Lane, where we passed before we got to Cuthbert, we had first a pint of beer and sugar; MRS. LIBBY brought some fresh pork; had also a pint of beer and two pennyworth of rum in it. At Cuthbert, my husband just took a sip of a pint of ale. Mr. Michell was not in the sop when we first came in. Who has been telling you about aqua? - I recollect it was said by Mr. Pascoe. Never heard the word opium before then; thought the aqua was water, because it was the colour of water. Think Mr. Pascoe said “gentian” when he took down the first draught to give my husband when he first came in. Have you not said you saw on the bottle first taken down some works? Yes, OPII was on it. (A book was then handed to witness to show that she could read.) Re-examined: We drank about equal parts of the first pint at Lane; of the second pint I drank the greater part. Lewellyn washed the measure out with “aqua” before the dark mixture was put in; that made me think that “aqua” was water. CHARLES HENRY LEWELLYN, had been apprentice to Mr. MIchell, druggist, Newquay, eight months. Mr. Pascoe examined Bunt by feeling his pulse and placing his ear to his chest; he said he did not think his lungs were affected. After that Mr. Pascoe gave him tincture of gentian; I measured it out in a measure like that produced. Water was added to it by me; Mr. Pascoe gave it to Bunt, who drank it. Mr. Pascoe asked me for some powdered rhubarb; I gave him the bottle; he put some in a mortar, had also come powdered Castile soap and oil of peppermint; told me to put in twenty drops; I went on dropping it as far as fourteen, when he told me to stop. He also asked me for some powdered squills; I told him I would go to the wareroom and see for some. I was about five minutes absent; when I returned Mr. Pascoe was telling bunt to take what he had mixed for him, it was in a glass like that produced (a marked glass measure used by druggists was here shown.) The mixture I saw reached up there, (pointing to the figure on the glass) quantity more than two ounces. Bunt took the mixture, it was light brown. In fifteen or twenty minutes after Bunt had drunk the mixture he became sleepy, and would have fallen off the chair I believe if Mr. Pascoe had not caught him. He was then laid on the floor. When I left the shop to go to the ware-room for the tincture of squills, there was a bottle on the shelves with opium in it marked TR: OPII. When I returned this bottle was on the counter, close by Mr. Pascoe. In the evening, before Bunt was removed, Mrs. Bunt pointed this bottle out to me. Mr. Pascoe was rather intoxicated. Cross-examined: How did he indicate intoxication? Witness- I can’t say. Did he write a prescription? Yes. (The prescription was here inquired for, but had been mislaid.) I saw Mr. Pascoe examine the man. There were two or three bottles on the counter when I went to the ware-room but not of the same colour liquor as the opium.The compound tincture of gentian was not there; I put it on the shelf again. Mr. Pascoe did a considerable business in that neighbourhood. Several other witnesses were then called, of whose evidence the following is a summary: - MR. MICHELL, druggist, Newquay, stated that when he returned to his shop between five and six o’clock on the day in question, he found Mr. Pascoe there; and he was otherwise than sober. When he came in he found on the counter bottles containing carbonate of ammonia, rhubarb, powdered soap, extract of henbane, oxymel of squills, a bottle containing tincture of opium, and the glass measure. He placed these bottles back on the shelf. He said that Bunt attracted his attention as soon as he came in; his face was of an earthy colour; I fancied he was very ill; he became drowsy. Mr. Pascoe told me to give him some sal volatile, and I gave him twenty drops in an ounce of water. Mr. Pascoe afterwards examined him, and said I had better write a prescription. He dictated it and I wrote it. While I was making up the prescription, Bunt was falling off the chair, and Mr. Pascoe caught him. Bunt was laid on the floor with a coat under him; in about five minutes after that Mr. Pascoe left. I thought the man getting worse, and went for Mr. Jewel, the surgeon. I attempted to rouse him [Bunt], but in vain. Felt his pulse about half an hour after Mr. Pascoe left; his pulse was quick, not very hard. The earthy pale colour continued up to the time of his removal from the shop. -JOHN HODGE, a boatman at Newquay in the preventive service, gave evidence to the effect that Mr. Pascoe was intoxicated on the day in question. - Mr. JEWEL, surgeon, at Newquay: had been in practice forty years; was called by Mr. Michell to come to the shop to see Bunt; found him lying on the floor in a state of stupor, no pulsation at either pulse. I pronounced him to be in a dying state. The symptoms were such as might be produced by taking a narcotic poison. In consequence of what I heard, I gave him a scruple of sulphate of zinc as an emetic, but he could not swallow it. Witness made the post mortem examination of the body with Mr. Moorman; found in the stomach four or five ounces of dark, thick, brown fluid; fancied it smelled slightly of opium; discovered no symptoms of disease in the stomach; there was congestion of the veins between the convolutions of the brain; such a symptom might result from a blow, or from taking a dose of laudanum; the right lung was slightly congested, the left congested and adherent; should not think the lungs in such a state as to account for death. Had known persons take eight drams of opium who had been accustomed to it; but that, or a less quantity would produce death in a person not so accustomed. From fifteen to twenty-five drops – sixty making a dram - would be as much as a person unaccustomed to opium could prudently take. Cross-examined: Had never before seen a person who had been poisoned by taking opium; should not expect to find a person’s pulse quick half an hour after taking eight drams; should expect to find the face suffused and purple. After so large a quantity had been taken, he expected to find it in the stomach, but did not. Mr. Slade – The appearances of congestion in the brain are that result of apoplexy? Witness Yes. Suppose tincture of bark were mixed with water, would it produce a light brown appearance? Witness – It would. Re-Examined: Had understood that there was no test for opium in the system. -Mr. Moorman, surgeon, St. Columb, had attended deceased professionally; he had spitting from the lungs, and decided disease of the lungs, but not so as to account for his immediate death. About six or seven days before his death, witness saw him; he was then talking of going into the county Infirmary; his symptoms were as they had been for twelve months before. At the post mortem examination, the appearance of the brain corresponded with that which is set down as marks to indicate poisoning with opium. Had never seen a case of poisoning by opium in private practice, but had in the hospitals; had been informed that it was not often poison by opium could be detected in the body even when death speedily takes place. Cross-examined: Did not agree with mr. Jewel that the appearances were the same in the brain as in cases of apoplexy. Mr. Slade – When eight drams of opium had been taken, should you have expected to find some opium in the system? Witness – I should have expected, but should not have relied on finding it. Supposing you had heard nothing about his taking opium, on examining the system, should you have concluded that he died of a narcotic poison? -I could not have positively said so. Even if there is no test by which you can detect he poison of opium, should you not have expected the smell of opium? -I should have expected it. And you did not find it? -I did not. How should you expect to have found the pulse and face? -The pulse slow at the first stages, and the face suffused and purple. Re-examined: In the last stages, when the heart’s action was ceasing, I should have expected a rapid pulse and a pale face. You say you would not have drawn a positive opinion? -No, not positive; but from the symptoms I have heard described, I should have believed the man died from narcotic poison. Mr. Slade then addressed the jury for the defence. If Mr. Pascoe, from carelessness or inattention arising from intoxication or otherwise, gave this medicine and caused the man’s death, undoubtedly he would be guilty of manslaughter. But on the part of defendant he denied that he was in a state of intoxication at the time; and as to the statement that he was in the habit of being so, that must be wrong, for with such habits of he could not have risen to such considerable practice as he had obtained. If he had been intoxicated, as stated by the witness Hodge, how did not Mrs. Bunt see it and the apprentice Lewellyn? The fact was, as had been deposed to by one of the witnesses, Mr. Pascoe was blessed with high spirits, and his manner might have lead others to think he had had some liquor. The manner in which he conducted his examination of Bunt, showed that he was sober; he put his ear to his chest, and ascertained his case in the most proper manner; he caught the man when he was falling from a chair, which was more than a drunken man would be likely to do. He wrote a prescription, though unfortunately it was not now to be found, and he dictated another. The fact was that Bunt had been in a dreadful state for some years, bleeding at the lungs, showing that he had organic disease; and he was about to go into the county Infirmary. Medical men often buoy up their patients even when there is no ground for hope; and acting on this principle, Mr. Pascoe, when Bunt called on him, wrote out a prescription for him. The man was then seized with a dreadful fit of coughing, and he gave him a little opium as a sedative, mixing water with it, and the mixture would then be of a little brown colour. Children had often died after taking paregoric as a sedative, and the chief ingredient of that was opium. He then remarked on the medical evidence, and contended that it did not show with any certainty that the man died or a narcotic poison. There seemed to be a slight difference of opinion between the medical gentlemen; Mr. Jewel said the appearance in the brain was like that produced by apoplexy, whilst Mr. Moorman said he should have expected to see more congestion after apoplexy. He believed there had been an unintentional mistake made by Mrs. Bunt with regard to the quantity of tincture of opium poured in before the water was added. On the whole, he contended, they must be straining the evidence very much to find a verdict against the prisoner. The learned Judge summed up the case. He said the charge was a serious one as affecting the prisoner, and also with reference to the public. Medical men were certainly open to prosecutions of this sort, if in their practice, either from carelessness, or ignorance, or rashness, [or] from want of sobriety, they administer medicines which end in death. But if there be any case which the jury ought to enter on in a spirit of charity and fairness, it was this sort of case. Generally speaking, medical men possess the confidence, and generally speaking they were entitled to the gratitude of the public. Persons who, like the prisoner, practice among the poor, go through much toil and labour, have deep anxiety and grave responsibility, and very inadequate remuneration. But the question in this case arises, what is the evidence, and what impression does it make on your minds? He then examined the evidence, stating that there were three witnesses whose evidence bore positively on the administration of the opium. Then came the evidence as to prisoner’s intoxication; though it did seem remarkable that Mrs. Bunt had not observed or spoken of the insobriety of the prisoner, if he had been in a very bad state. He remarked also on the medical evidence; and put the questions to the jury, first, whether the man died from the administration of opium; if not, there was an end of the case; if he did, then was it or not, in any respect, carelessly given; was too large a quantity given, either from hasty inadvertence, or want of that self-command which a medical man in particular should have? By request of the jury, the apprentice Lewellyn was recalled, and asked if he saw anything put into the measure after he returned from the ware-room. He said he did not; what it contained had been poured in by Mr. Pascoe during his absence. The Court rose at about eight o’clock, and the jury were locked up. In about an hour and a half they returned and gave a verdict of Not Guilty. ..........End of Part Four........... Julia Mosman, OPC for St.Austell,Charlestown, and Treverbyn Website at http://freepages.genealogy.rootsweb.com/~staustell W. Briton newspaper transcripts at http://freepages.genealogy.rootsweb.com/~wbritonad Please visit the OPC website at http://cornwall-opc.org