180 DR BENNETT ON THE STRUCTURE OF THE 



the isolated imbedded plants, but the structure of the mineral itself. In conse- 

 quence, the counsel for the pursuer and for the defender truly played at cross- 

 purposes throughout the whole of the structural evidence ; for, notwithstanding 

 the clearness of Dr Balfour's statement, he was asked, after saying that the mi- 

 neral consists of a plant, whether he had seen fossil plants in stone ? to which he 

 answered, Yes. But then being asked whether he considered that an example of 

 such an appearance, he very correctly, according to his views, answered, No. 



From the published report of the trial, however, by Mr Lyell, it is evident that 

 the eminent gentlemen who contended that the Torbanehill mineral was a vege- 

 table substance abounding in cells, did not adopt this idea because various plants 

 were imbedded in it, but because they believed the clear rounded masses I have 

 described were themselves vegetable cells. Unfortunately, the possibility of this 

 theory being adopted had not been anticipated, nor was it perceived by the counsel 

 for the pursuer. In consequence, the witnesses on the one side were made to declare 

 that the Torbanehill mineral was not vegetable, and on the other that it was, 

 without the true reason of this discrepancy ever having been made to appear. 



Dr Balfour stated in court, that he believed the yellow part of the Torbane- 

 hill mineral to consist of vegetable cells ; that it was not the mere impression of 

 a foreign fossil, but the actual structure of the mineral at that place.* In the 

 same manner Dr Redfern, when asked,f " What do you think these yellow spots 

 indicate?" replied, " They indicate the existence of vegetable cells." The reasons 

 he gave for so considering them were, " That they can be perfectly isolated — they 

 project upon the edges of all sections of the mineral — they are rounded — they 

 are as uniform in size as the cells of other vegetable structures — the general ap- 

 pearance of the section is that of a piece of vegetable cellular tissue — the yellow 

 spots do not act upon polarized light, or act upon it very feebly." 



Dr Greville, also, speaking of the same bodies, said,]; that " he had no more 

 doubt of their being vegetable cells than he had of his own existence ;" that " in 

 one specimen it was so unequivocally marked, and so regular, that it might be 

 compared to that of a recent plant ;" and that " no person accustomed to bota- 

 nical sections would hesitate in believing it to be cellular tissue." 



From these quotations it must be evident that both parties saw the same 

 things, but that while on one side it was contended that they were not vegetable 

 cells, but bituminoid masses imbedded in clay, on the other it was strongly asse- 

 verated, in the language I have quoted, that because they were vegetable cells, 

 therefore the Torbanehill mineral was a fossil plant. But in consequence of the 

 reason of this difference in opinion not having been distinctly brought out in exa- 

 mination, the greatest confusion seemed to prevail in the minds of judge, counsel, 

 and jury ; and it was thought that the witnesses for the defender being skilful 

 botanists, were enabled to see what the witnesses for the pursuers did not see. 



* Mr Lyell's Report, pp. 168-9. f Ibid., p. 170. \ Ibid., pp. 171-2, 



