this vidio During one of the paroxysms I directed her to take 
——- of aaanponetns tincture every two hours. ions 
the second potion did not operate, probably because ies, i ee was de- 
stroyed, the repetition of them, that Pa BF Me as a cathartic, was followed 
by convulsion fits, loss of reason, and death. it 
“ But whether this treatment, by’ which: the deceased lst his Bf is or is nota 
felonious homicide, was the great question before the jury. 
“ To constitute the crime of murder, with which the jriscitia dangle kill- 
ing must have been with malice, either. express or implied. There was no evidence to 
induce a belief that the prisoner, by this treatment, intended to kill or to injure the de- 
ceased; and the- ground of express malice must fail. It has been said, that implied 
malice may be inferred from the rash and. presumptuous conduct of the prisoner, in 
ins such violent medicines. Before implied malice can be inferred, the jury 
seit be seiistseb dhe the prisoner, by his treatment of his patient, was wilfully regard- 
less of his social duty, being determined on mischief. But there is no part of the evi- 
dence, which proves that the prisoner intended by his practice any harm to the deceased. 
On the contrary, it appears that his intention was to cure him. The jury would con- 
sider whether the charge of murder was, on these principles, satisfactorily supported, 
But though innocent of the crime of | ‘murder, the prisoner may, on this indict- 
ment be convicted of manslaughter, if the evidence be sufficient. And the Solicitor 
General strongly urged, that the prisoner was guilty of. manslaughter, because he rashly 
and presumptuously administered to the deceased ae Seale in his 
hands, by reason of his gross ignorance, became a deadly poison. 
: “ The prisoner's ignorance is in this case very apparent. PREM Eicon * 
consistent With his innocence, it is not easy to conceive, that on the Monday evening be- 
fore the death, when the second dose of his very powerful emetic had failed to operate, 
through the extreme weakness of the deceased, he could expect a repetition of these 
fatal poisons would prove a cathartic, and relieve the patient: or that he could mistake 
convulsion fits, symptomatic of approaching death, for an hypochondriac affection. 
