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in the skin, and paffing the fore-finger up the rectum.

This natural opening being feldom fufficient for a cure in this cafe, the incifion should be exactly the fame as when the inteftine is only laid bare: And, I do not, fays Mr Pott, recollect a fingle inftance in which it has failed to produce a cure, if the cafe were curable by any means; the operation by cauftic and ligature, are painful, and pernicious in the highest degree.'"

Many furgeons of great eminence have recommended the cutting away both part of the inteftine, and of the fkin compofing the verge of the anus, neither of which at all contributes to the cure in this cafe, but both are attended with excrutiation pain & lafting inconvenience; fometimes the extirpation of the whole verge of the anus is directed, yet after fuch amputation the patient will neither be able to retain a loose stool, nor expel a hard one. Some small part of the procefs may be neceffary in the true old callous fiftulous fore, which is not the cafe, one time in a thousand when the difeafe is ftigmatized with the name, and treated accordingly.

This extirpation of part of the gut, and part, or all of the verge of the anus, is, what is called cutting for the Fiftula, an operation greatly to be dreaded indeed, but seldom or never necessary.

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ftools are smeared with matter, and a dull pain continues, an external opening must be made, and matters being then in the fame ftate as when an o pening was made by the burting of the tumour, the method of cure, must alfo be the fame.

The true Fiftula, a deep hollow fore or finus, all parts of which are fo Kardened as to be incapable of being healed in that ftate, and from which a daily discharge is made of a thin difcoloured fanies, or fluid, is of two kinds.

The first is the effect of neglect, distempered habit, or bad manage

ment.

The fecond, is the confequence of diforders whofe origin and feat is not the immediate finus or Fiftula, but more diftant parts.

The firft is a local diforder; the fecond is not. The firft is generally cureable, the latter generally incure. able.

In all cafes that were originally mere collections of matter within the coats of the rectum, or in the cellular member which furrounds it, and which, by long neglect, grofs mifmanagement, previous diforders which affect the whole habit, and for which, proper remedies have not been taker, become truly fiftulous, relief is not first to be fought from furgery; the difeafes of the habit are first to be corErected; if the patient is tainted with the lues venerea, that must first be cured; if he be anafarcous, or leucophlematic, these must be corrected; if he be feverish, the heat must be calmed, and if he labour under the general ill effects of a foul skin, dirty cloathing, unclean and unwhole fome lodging, producing palled countenance, lofs of appetite, ædamatous legs, and intermitting fever, the state of the blood must be amended before furgery can be administered to any good purpofe. On the contrary, when the lues is cured, when the patient is cool, and gets good fleep, when the fecretion of urine is fo eftablished, the general abforbent faculty fo reftored, and the folids fo braced that the legs cease to fwell, and the patient recovers his appetite and complexion, the local difeafe will have made great advances towards a cure in the mean time, and what chirurgical operation or treatment may be neceffary will fucceed immediately.

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When the matter of the tumour has efcaped, by more openings than one, the cafe is much the fame as when it has escaped by one only; fuch openings do not lead to diftinct finuffes, as the patient is apt to fear, and the unkilful practitioner to believe, even though the cavity appears large, and the probe, if pushed with any degree of force, paffes in more than one direction into the cellular membrane ; and nothing more is necessary, than to divide each of these orifices, fo as to make one cavity of the whole; this the probe-knife will eafily and expeditiously do, and if the edges of the G fore fhould then be very ragged, the removal of a small portion of the irregularities will answer all the purposes of cure, and produce a smooth even cicatrix after the fore fhall be healed.

When the matter inftead of making its way through the skin, pierces H the inteftine only, the cure will generally be fpontaneous; the matter being discharged; the tumour will fubfide and the patient become easy. But if any hardnefs remains, if the (Gent. Mag, Nov; #765.)

The confilts

required in these cafes open and dividing the

fometimes formed in the cavity, or in the neighbourhood of the rectum and fundament, where they make dreadful havock, but "as I do not know, "fays, Mr Pott, what will cure a can"cer, I leave the difcuffion of the fe "cafes to those who say they do, most A" fincerely withing that it was in my "power to fay I had once in my life known them to have fulfilled their "promise."

the finus or finuffes, fo as to prevent the lodgment of matter, and lay them into the rectum; if the internal parts of the hollows are hard, they mult be lightly fcratched or fcariñed with the point of a knife or lancet, and if from the multitude of orifices, or the loofe flabby hardened or inverted itate of the lips, and edges of the wound near the fundament, it appears improbable that they can be brought to heal fmooth and even, fuch portion of them should be cut off, as may just ferve that purpole. The dreffings fhould be fort, eafy, and light, and B fuch only as tend to foften the parts and favour their healing, if a loofe fungous flesh, has taken poffeflion of the infice of the finus, (a thing much talked of, but feldom found) a light touch of the lunar cauttic will reduce it fooner and better than any other

efcharotic.

The method and medicines by which the habit was corrected, mut be continued through the cafe, and all irregularities carefully avoided.

By thefe means, cafes at firal formidable have been brought into fuch a ftate as to give very little trouble in healing, and the patient has done well without any of thofe operations fo justly dreaded, and fo generally taught and practifed.

If the bad state of the fore arifes from its having been crammed, irritated and eroded by the introduction of tents embued with efcharotics, or by the injection of aftringent liquors, one under a notion of defroying callofities, and the other for drying up the gleet, no operation fhould be attempted till the parts are easy cool and quiet, which may be effected by cataplafms, glyfters, reft, and proper medicines, and then the process must be the fame as has been aiready directed.

But collections of difeafed fluids are fometimes formed, about the lumbal wertebræ, under the Pfoas muscle, and near the os facrum, which form finufies that run down by the side of the sectum, and burit near the fundament. The difcharge in thefe cafes is generally foetid thin and harp, and the finutes with the orifices become truly fiftulous.

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In thefe cafes, it is manifeft, furgery, can do little good, as neither intruments nor applications can reach the -feat of the difeafe. If the patient is relieved, it must be by medicine, or pature.

Cancers and cancerous fores are alfo

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Fistulous fores, finufles, and indurations about the anus, which are confequences of difeafes about the neck of the bladder and urethra, called Fiftulæ in Perineo, require feparate and particular confideration. In thefe the external openings are the leaft part of the complaint; the fricture in the urethra, the induration of the whole neck of the bladder; the

hardened, fungous, inlarged, or ulcerated ftate of the proftrate gland; the difeafes of the perumantanam, of the vehicula fiminales, and vafa deferentia, are the great and principal objects of confideration, and to a more ferious confideration than they have hitherto met with, they are recommended by Mr Pott, with an ardour of humanity that does him great honour, and an intimation that he will himself treat of them at another op. portunity, which cannot fail of giving great pleasure to the public.

An Account of the Trial of Catherine Nairne and Patrick Ogilvy, før Incef and Murder.

HE prisoners were indicted of

Tincelt and murder in one in

dictment, upon which a point of law has arisen (See p. 449. See also a sbort narrative, p. 376.)

The deceased was the eldeft of three brothers being about the age of forty, and Laird of Eaft Miln in the county of Forfar; the prifoner Patrick was the fecond, who was a lieutenant in the 89th regiment of foot, jult returned from the Eaft Indies; the third was Alexander, a doctor of phyfic. The prifoner Nairne was about twenty years old, and daughter of the late Sir Thomas Nairne of Dunfinanę, Baronet.

Of the inceft there is no direct evi. dence, but there is circumftantial evidence of the strongest kind by feveral witneffes, whofe teltimonies mutually coincide with, and greatly confirm and strengthen each other."

When the two prifoners were in the deceased's houfe during his abfence,

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they were heard together in the night ip Mrs Ogilvy's chamber by a fervant who lay under it in a room that had no plaiftered ceiling, fo that the leaft noife could be heard. In the morning it appeared by the lieutenant's Bed that nobody had lain in it, and A Mrs Olgilvy's bed was greatly tumbled. They were followed fecretly up stairs, atter having retired together, and found in a chamber by themfelves, where Mrs Ogilvy was difcovered on a bed, and the lieutenant as just rifen from it with his breeches unbuttoned. They were alfo seen in bed together by a fervant, and several particulars were mentioned by other witneffes which could fearce poffibly have happened, fuppofing the prifoners not to have been criminally intimate. The depofitions, with respect to the murder were in substance as follows:

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Ann Clark, cousin german to the deceafed, who was in the houfe with the parties depofed, that having had the Itrongest proof of a criminal intimacy between the prifoners, except actually feeing the fact, the first reproached the prifoner Nairne, who made no reply; that the fact being afterwards frequently repeated, he told the mother of the deceased, then in the house; that the mother told her fon that his wife was troublefome to the lieutenant, upon which, a quarrel between the two brothers enfued, and the lieu- E tenant being ordered out of the houfe left it a day or two afterwards, upon which Nairne threw herfelf in an agony upon his bed to which they had been used to retire together every morning as foon as the deceased was gone out to his workmen, and expressed great relentment against her husband. F

That he told the deponent, before the lieutenant left the house, that if he had a dofe, fhe would give it him; and frequently afterwards fignified to her that he was refolved to poifon him, and intended to get poifon upon pretence of poisoning rats either from G Mr Robertfon, a merchant in Perth, or Mrs Eagle, who keeps a feed shop in Edinburgh.

That the deponent in order to divert the prifoner from her purpose, and gain time, told her that this me thod of obtaining poifon would be dangerous, and that the the deponent would procure fome by means of her brother at Edinburgh, to which propofal the prifoner agreed, but often complained that the deponent was long in executing it, and therefore,

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propofed to employ the lieutenant for that purpose, and defired the deponent to apply to him accordingly, which the declined.

That on the day when the lieutenant left the houfe, the other prifoner Nairne told the deponent, the had with much difficulty engaged him to furnish her with poifon.

That the day before the deceaseddied, he told the deponent that the had received a letter from the lieutenant, in which, he acquainted her that he had got the poifon, but not chusing to trust it by the hand of the meffenger, would fend it by Andrew Steward, his brother in law.

That on the evening of that fame day, Andrew Steward came thither and being questioned by the deponent,acknowledged he had got druggs for the prifoner Nairne, that he was with her alone half an hour, when the fuppof ed the drugs were delivered.

That the deponent told lady Eaft. Miln, mother of the deceased, that the feared Steward had brought poison to Nairn, which fhe would give to the deceafed, and proposed to tell the deceafed of it, which the old lady oppofed, faying it was improper, but agreed that the deceafed fhould be cautioned not to take any thing from his wife, which was done.

That the deponent went to the Kirk Town, to take advice of the minifter, but unfortunately he was not at home. That he told the deceased the fame night, his life was in danger, but did not fay from his wife, and advifed him to leave his houfe, which he faid, he could not do; but intimated that he knew whence his danger was apprehended, and would take nothing that his wife gave him.

That when the deceafed and his wife were gone to bed, the deponent Ardrew Steward, and the deceased's mother had a long conference on the fubject; Steward himself was of opinion, that what he had delivered to Nairn was poifon, and declared he re ceived it from the prifoner Ogilvys with a letter, and a request that both might be delivered into Nairn's own, hand; that the old lady thought her fon in danger, declaring, the believed his wife would stick at nothing; that Steward faid he knew the drawer into which Nairn had put the things, and proposed to get her keys in the night and take out the things, or to get the back of the cheft of drawers removed by a workman, and fo get at the

draw

drawer without the key, but neither was done.

That the next morning Nairn made the tea earlier than ufual, and carried up fome to the deceased, and having been backwards and forwards two or three times, came at length into the breakfast room, and faid the deceased was taken very ill; that his diforder appeared to be a violent vomiting and purging.

That the deceafed went to him about noon, and found him extremely ill, having alfo an intolerable thirst, which with his pains and evacuations continued till about eleven o'clock the fame night, and then he died.

That during his diftrefs, he said he was poifoned, that his mother reproached him with having broken his promife, and taken tea from his wife, and that he only replied, "it is too late, the forced it on me."

That after the deceased was dead, Nairn ordered one Millam, his tenant, to take horfe and acquaint the prifoner Ogilvy with his brother's death; that he being acquainted with that event by another hand, came the next morning at fix o'clock.

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That the deponent told him, foon D after his arrival, that the knew the whole affair of the poifon, and asked him how he could fend it to Nairn. That he appeared to be in great concern, and confufion, and faid, "Sup"pofe I did fend it, I did not think "the had fo barbarous a heart as top "give it."

Elizabeth Sturrock, fervant to the decea ed, depofed, that he had a good State of health, and was well the day before his death. That on the morn ing of the day on which he died, the prifoner Nairn, her miftrefs, told her in a low voice, that he had given the Laird his breakfast, and defired the deponent to lay, he had alfo got her breakfall, tho' fhe had not.

That, foon after the deceased was taken very ill, and continued fo till he died.

tea, and promifed that if he would fay as thus directed, the would ftand by her, and no harm fhould come to her; that he fhould go with her wherever the went, and that while the had a halfpenny the deponent should have half of it.

That he spoke thus to her feveral times, and that the other prifoner 0gilvy was prefent, and defired the would fay as Nairn directed her.

Ann Sampfon, another fervant of the deceased, depofed that he was a healthy man, and in health the day before. he died.

That the faw her miftrefs prepare the tea that he gave the deceased at breakfast the morning of the day he died; that the followed her up ffairs, and faw her go into a clofet joining to her mater's room; that wanting fomething of her, the followed her into the clofet, for which her mittrefs hid her. That fhe faw her mistress ftirring about the tea in the closet, but did not fee her put any thing info it.

Andrew Stewart, merchant of Alyth, the perfon mentioned above to have brought poifon to Nairn, depofed, that on the day before the deceafed died, Lieut. Ogilvy came to his houfe, having heard he was that day to go to Eaft Miln, and gave him a phial, containing fomething liquid, which he faid was laudanum, and a fmall paper packet, which, he said, contained falts, and defired that he would deliver them to his brother's wife's own hand, with a letter, which he then alfo delivered to him, and which was fealed both with a wafer and wax. That he did accordingly deliver the fame privately to her, being asked by her if he had brought her nothing from the lieutenant. He confirmed alfo the depofition of Anne Clark, as to the quef tions the asked, and the fufpicions the expreffed concerning what he had brought, and the confultations be tween him, Anne Clark, and the old lady at night, and farther faid, that G Anne Clarke would not agree to any of his proposals for recovering the paper packet out of Nairn's drawers; and farther depofed, that he heard the prifoner Nairn lay the fame night, that the lived a moit unhappy life with her hufband, and wished him dead. He alfo confirmed the preceding evidence, as to Nairn's making and carrying up tea to her husband, and his being ta ken ill in about an hour and an half, and continuing fo till he died. That

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That after he was dead, when the fheriff was coming to take examina. tions, Nairn requefted the deponent to tell the theriff, that the had feen her mix the bowl of tea which he had given to her husband, and to say that the, the deponent had drank some of it before the deceafed tafted it, and that the alfo drank fome of it that he H had left; that the alfo defired the deponent to fay that he was in the clofes with her, when the mixed the

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James Carnegie, furgeon at Brechin, depofed, that the prifoner Ogilvy, with whom he was acquainted, defired him, by meffage, to meet him at a tavern at B Brechin. That he went, and found him in company with Lieut. Campbell of the fame regiment, and one Mr Dickfon. That the prifoner took the deponent afide, and told him he was troubled with gripes, and wanted to buy laudanum, and that he also wanted to buy arfenic, to destroy fome dogs that fpoiled the game. That the deponent furnished him both with laudanum and arfenic, which he bro't the next day to the fame tavern, and delivered them to him in a private room, into which he took him for that purpose. That the arfenic was in powder, and the quantity between half an ounce and an ounce.

Lieut. George Campbell depofed, that he was with Ogilvy the prifoner at the tavern at Brechin that the prisoner fent for Carnegie thither, and invited him to dinner the next day; that the next day he came, and that after din ner, the prifoner and Carnegie retired for a few minutes to a private room, and then returned.

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Patrick Dickfon merchant in Brechin, depofed that when the prifoner Ogilvy was in Forfar goal, he defired the deponent to go to Mr Carnegie the furgeon and talk to him, that he might F not be imposed upon by any body. That he did accordingly go and talk to Mr Carnegie, who informed him that he had fold fome laudanum and arfenic to the prifoner, for which he received a hilling. That upon his reporting this to the prifoner, the pri

foner feemed to be under fome concern, and defirous of fpeaking himfelf to Carnegie without confeffing or denying that he had bought the arfenick.

Peter Meik furgeon of Alyth, depofed that being fent for to the deceased, he came but found him dead; that Nairn was in tears, and defired that whatever he might think was the cause of her husband's death, he would conceal it from the world, That upon

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inspecting the body four or five days afterwards, he found the nails and part of the breaft difcoloured, and the tongue fwelled beyond its natural fize, and cleaving to the roof of the mouth, which he had never observed after a natural death.

Gilbert Ramfay furgeon, depofed to the fame appearances of the body,and that the fwelling of the tongue he had never feen after a natural death: He depofed also, that the effects of arfenic were death by violent vomitings and purgings, and great fwelling of the tongue after death.

Such is the substance of the evidence for the profecution, in anfwer to which, the prifoners exhibited the following declarations in their defence :

Declaration of the prifoner Nairn.. That Thomas Ogilvy her deceased hufband, was rather advanced in years, of a tender constitution, and of a very fmall fortune; that the married him when little more than nineteen, contrary to the opinion of all her friends for love, and having been married to him fcarcely fix months, when he died, her love to him can fcarcely be fupposed to have been exe tinguished.

That her character 'previous to her marriage, was irreproachable, and that therefore, it is improbable in the highest degree that he could at once plunge into the most horrid crimes, fuch as have always been the effect of gradual deviation, and habitual guilt.

That her late husband had violent and frequent attacks of cholics, and convultions in his bowels; that he was fo bad with these disorders a short time before his death, that he gave himself over for loft, and had returns of them fo violent the day and night before he died, that he thought him. felf dying, and refolved to have fent for a physician at many miles distance.

That the herself after her marriage fell into a bad ftate of health, which frequently obliged her to take small dofes of falts and laudanum.

That the prifoner Ogilvy, her hufband's brother, having returned from India much fhattered in his conftitu. tion, came to live at his house about the time of her marriage, and diftinguished the prifoner by a becoming friendship and intimacy, as being his near relation.

That being short of falts and laudanum, and having occafionally mentioned it, the lieutenant told her he

had

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