confequent defect of respiration, he could not confider frothing at the mouth as a characteristic symptom. Q. By the council for the crown.-If the prifoner had given you any intimation that a fufpicion of poifon had at any time exifted, would you or would you not have infifted on opening the body? A. I certainly if I had beard of fuch a fufpicion, would at all rifques have proceeded to a diffection. Mr. Bradford Wilmer, furgeon in Coventry, corroborated the facts attefted by Dr. Rattery, and alfo gave it as his decided opinion, that Sir Theodofius Boughton had died of poifon, and that the draught administered by lady Boughton in the morning contained that poison. Dr. Ah, physician in Birmingham, concurred in the fame fentiments as to the caufe of the death of the deceased, and faid that he knew of no medicines, properly fo called, that could have been the caufe of them. Dr. Parfons, profeffor of anatomy in Oxford, alfo gave his decided testimony, as to the immediate caufe of the death of the deceased, and concurred with his learned brother in the opinion that no medicine could have produced fuch effects, and that no other diforder, neither apoplexy nor epilepfy could, with all their concomitant circumitances taken together, produce an appearance at all like that which was reprefented to have taken place on the death of Sir Theodofius Boughton. Mr. Bucknell, furgeon, was next ex amined, who depofed, that when he heard that Dr. Rattery and Mr. Wilmer had declined opening the body of Sir Theodofius Boughton, he, from no confidence in his fuperior talents, but only as being willing to venture greater lengths than thofe gen tlemen, took a refolution to do it himfelf, and went to Lawford-hall accordingly. He there faw the prifoner, whom he in formed of the nature of his errand. The prifoner told him that both Dr. Rattery and Mr. Wilmer had already been there, and were perfectly fatisfied, and that, as they had declined proceeding, he did not think it proper that any other perfon fhould. The witnefs, on this intimation left Lawford hall, but in confequence directions received from Sir W. Wheeler, returned on the day Sir Theodofius was buried. He informed the prifoner of his meffage from Sir William. The prifoner told him Mr. Snow had been there, and was gone, but would return presently. He aiked tr. Bucknell to return. He did return in the space of an hour, but was told by the prifoner that he could do nothing without Sir William Wheeler's directions; that he had received a letter from him that day, and being obliged to abide by the contents of it, could fay nothing farther to him, (Mr. Bucknell) but that he had already carried Sir William's orders into execution, and was forry that, Mr. Bucknell had given himself so much unneceffary trouble. Mr. Bucknell went away of course. William Froft, coachman to lady Boughton, depofed, that on the morning Sir Theodofius died, the prifoner fent for him into the parlour, and asked him, which gate the prifoner went out at that morning, Upon his replying, at the iron gate, Sir? then faid the prifoner, you will be a clear evidence for me, William. Samuel Frost swore, that he faw Sir Theodofius at fix o'clock on the morning of his death, and that upon his asking him for a fishing net, which they intended to ufe, that Sir Theodofius jumped out of his bed, and gave the witness the net and went to bed again in the greatest apparent health and fpirits. Mary Lynes, was fometimes ago fervant to Mrs. Donellan-fhe knew the captain to have kept a ftill in his room, and to have diftilled rofes, lavender, &c. Francis Amos Gardner was fithing with Sir Theodofius the afternoon before his death, and fwears that Sir Theodolius, fo far from getting wet in the feet in the courfe of that diverfion, was almoft the whole time on horie-back, and had his boots on. He never touched the water, and could not be wet in his feet. On the morning of Sir Theodofius's death, the prifoner fpoke to the witnefs about the fituation in which Sir Theodofius was, and bid him get fome pigeons for him, as he was extremely ill indeed with that damned diforder the pox, and he was afraid it would be the death of him.-Soon after the witnefs received this order, lady Boughton and Mrs. Donellan came out of the houfe wringing their hands, and faid it was too late for pigeons, or any thing elfe, for that Sir Theodofius was dead. A thort time after this, the prifoner gave the witnefs a fill to clean, which was full of lime and the lime was wet. The prifoner faid he had filled the fill full of lime for the purpose of killing fleas with which he was infefted.- -He went on to fay to the witnefs,- ----“Now Gardner, you shall live at your eafe-I wanted to be master before, I am mafter now, and fhall be matter-it thall not be as it has been with you in Sir Theodofius time--you fhall live at your cafe now." William Crofts, one of the jurymen on the inqueft was called to corroborate the fact of Donellan having pulled lady B. by the the fleeve, on the mention of his having rinced the phial. John Derbyshire, a prisoner for debt in Warwick gaol was next fworn.-He depofed that the prifoner and he lived in one room for five weeks, and that they had very frequent converfations upon the fubject of Sir Theodofius's death. He afked the prifoner whether or no he really believed that Sir Theodofius had been poifoned? O, yes, replied the prifoner, to be fure, there cannot be a doubt of it. By whom then, afked the witness, do you fuppofe it to have been done? Why, faid the prifoner, it lies among them. The witness afked, what he meant by amongst them; whom did he mean? why, he faid, he meant lady Boughton, himself (meaning Sir Theodofius) the apothecary, or his fervants. The witnefs then added, he could not take that to be the cafe, for it was not at all likely that fo young a man as Sir Theodofius fhould kill himself; it was not probable to fuppofe that lady Boughton would do it, for that would be unnatural, but befides that, he could gain nothing by it. It was not reasonable to fuppofe that the apothecary would do it, because he would lofe a patient, and as for the fervant, he would lofe a mafter; and therefore, as none of them could derive any advantage from it, he did not think that any of them had done it. This witnefs farther faid, that the prifoner at fome times denied that Sir Theodofius had been poifoned, and changed his opinions upon the fubject very frequently.' Sir William Wheeler was next examined, and produced feveral letters which bad paffed between him and the prifoner, refpecting the fubject of opening the body, from the whole tenure of which it appeared, that the prifoner ufed every effort to prevent this operation from being car ried into execution, at the fame time that he thought it neceffary to diftover fome fair appearances of compliance, and mere verbal acquicicence. The evidence for the profecution ceafed here, and the prifoner was then called up. on for his defence. He prefented a writ ten paper, which was read by the clerk of the court, and contained in fubftance nearly as follows:-That many falfe and injurious reports had been circulated concerning him in the various newspapers in town and country, equally injurious to his honour, and dangerous to his fafety, and that he had most undefervedly laboured under a load of prejudice, which no man he believed before him had ever fuftained, or had at least been tried under. He hoped, however, that the integrity and juftice of ee judge and jury would interpofe to re 235 lieve him from the effects of thofe unprovoked afperfions, and that he should receive from their hands that juftification which he was confcious he had the moft indisputable right to. When he first married into the family of the Boughtons, he did it on the moft liberal principles, and in the most generous manner in the world; for he bound himself under restrictions to his wife, that he could not receive even a life of enjoyment in any eftate of her's, either actual or in expectancy; what inducement therefore could he have tor the perpetration of fo cruel and horrid a deed? fle had always lived in the most perfcct harmony with Sir Theodolius Boughton, and had given many proofs of it, by hav ing interfered to reconcile his differences and keep him out of danger. This was not the conduct of a person who wished to deprive another of his life. The prifoner proceeded to state some inftances of his amicable interpofition, and afterwards went into a defeription of his conduct with refpect to his fuppofed unwillingness for fuffering the diffection of the body; but as the defence in this part of it was compofed of unproved affertions, and a liberal adduction of facts, totally unfupported by testimony, they neither availed the unhappy culprit in the court, nor would prove at all interefting in this relation. He concluded with expreffing a firm affurance of innocence, and a fanguine hope that his character would be fhewn in its proper light by the decifion of that day, and prove his innocence to the world, prejudiced as it at this time undoubtedly was against him. Witneffes were now called on the part of the defendant. The firft witnefs was Andrew Miller, post master of Rugby, and keeps the Bear Inn Affembly there. He remembered a quarrel to have taken place between Sir Theodofius Boughton and a Mr. Wildbow, on the ift of June, 1778. The prifoner was fent for, and acted in fuch a maifner, as in the opinion of the witnefs had a tendency to prevent fighting, or further altercation. Mr Loggie, attorney, was next called, and proved a quarrel to have happened be tween the Rev. Mr. Charties and the decesfed, which was brought to a pacific ending by the interence of the prifoner. Mr. John Hunter, the celebrited anatomift was next called, and depofed that in his judgment the appearances of the body as defcribed by the various gentlemen of the faculty proved nothing, for that all thofe deferibed fymptoms are the ufual concomitants of peticfaction, and have no neceffary tendency to demonftrate the de Gg ceafed ceafed to have died of poifon. If he had died of an apoplexy, the fymptoms might have been exactly fimilar, of an epilepty, inftantaneous death, when the perfon was in previous health. This able anatomift, after having by plain and fimple reafoning confiderably weakened, if not fubverted the elaborate doctrines of his more technical brethren, was now folemnly appealed to by the judge to answer this question, whether he would take upon him to pronounce it as his opinion, that the deceafed had actually died through fome other means than poifon. Mr. Hunter, with a very laudable caution replied, to this home-put interrogatory, that he could pronounce nothing with certainty or decifion. Natural caufes might have produced the appearances which had been described.--Poison might be the fame thing. It was therefore ut terly out of his power to give a decled opinion from which of the two poffible Lources the defcribed appearance had originated. The evidence on both fides was now coneluded, and the judge entered upon his charge, which he delivered with equal neatness, perfpicuity, and penetration. The jury withdrew after the charge was nithed, and having retired for about fix minutes, returned with their verdict, pronouncing the prifoner GUILTY of the charge with which he ftood accufed. The judge now convinced his auditors that the powers of confummate reafoning were not the moft fplendid talents in his valuable character, but that bis humanity bore entire pace with his other endow ments. He commented on the nature of the offence, which had been committed, deferibed it juftly and feelingly, but not harfhly; and after having with infinite fenAbility apprized the unfortunate convict of the inevitable fate that awaited him, proceeded to pronounce the following fentence, addreffed to the prifoner at the bar: -“That you, JOHN DONELLAN, be taken to the place from whence you came, and that on Monday next you be earried from the prifon to the place of execation, there to be banged by the neck till your body be dead-which is then to be cut down and given to the furgeon to be diffected and anatomized." The prifoner bore his folemn and fatal decree with an extraordinary fortitude, and did not, in any part of his conduct, during the trying fituation of that day, difplay appearances like either temerity or cowardice, but demeaned himself with a decent moderation that must have excited univerfal fympathy in any cafe lefs emiMently horrid than his own. Hiftories of the Tête-à-Tête annexed: or, UR prefent hero is defcended from ancient and honourable family, who have, for a fucceffion of years, held a confpicuous poft in the royal houthold; a itation that required a particular knowledge of the etiquette of courts, and the punctilios to be obferved towards the diplomatic corps. Having received a polite education, fuitable to the rank and ftation for which he was deftined, he did honour to his tutors, as well with regard to literary attainments, as polite acquifitions. Having made himfelf well acquainted with claffical learning, the modern languages. became more peculiarly his ftudy; and, at a very early period of life, he evinced himself a proficient in French and Italian. Not long after he had obtained the toga virilis, he figured in als preient depart ment, and has fince obtained another ho'nourable and advantageous employment in a different line. Previous to thefe appointments he vifited the continent, and took up his refidence at Paris, in order to attain a degree of purity and perfection in the Gallic tongue. Study did not, however, engrots all his attention in that gay metropolis: public diverfions, and the ladies, fhared his leifure hours; but he visited the first more as a philofopher than a mere lounger; and though he admired the fir fex, he was far from being a dupe to their wiles and artifices. He could never be prevailed upon to play deep, either with them, or the numerous herd of gamellers who infeft that capital. Neither did the opera girls cabriole his heart on the ftage, by their exertions to difplay as many charms as poffible, though our hero was remarkably fond of dancing, and never miffed an opportunity of affifting at a ball, either public or private. His good fenfe and judgment, seemed to anticipate most of lord Chesterfield's celebrated advice to his fon; which however exceptionable it might be in point of morality, was certainly very judicious in point of gallantry. In a word, married women seemed the fole obje&t of his attention in point of intrigue, and even in this purfuit he had a peculiar felection. There are great numbers of Parifian females, who either are married women, or pafs for fuch, that conftantly throw themfelves in the way of foreigners, and particularly Englishnien, whofe fuperior national generofity is known all over the world, in order to fleece them. If their gallants thould not fubmit to the terms they impole, their nominal husbands ftep forward, and demand fatisfaction for their fuppated |