the deed was in such a state of mind as to be answerable for his actions. The learned counsel argued further that there was no evidence that the prisoner had loaded his rifle, or that he had any reason to know that it was loaded. When he came into the room with his rifle he was described by one witness as being staggering drunk;" the sergeant was at that time in another room: and it was proved that the prisoner used only one hand in firing his piece. Under these circumstances it seemed to him a mere accidental circumstance that the bullet went through the doorway and struck the unfortunate sergeant. The prisoner had no intention in the

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matter.

Mr. Justice Willis said that unless a man's drunkenness had produced a morbid state of mind, it would not excuse him. Mad drunkenness would not suffice.

There was no evidence of any such state of mind in this case. Every man was presumed to be answerable for his act unless he was in such a state of mind that he was perfectly unconscious of any act he did; but it would be for the jury to say whether they could come to such a result in this case. If the evidence satisfied them that the prisoner discharged his rifle intentionally at the sergeant, it would be their duty to find him guilty of murder.

The jury found a verdict of Guilty, but recommended the prisoner to mercy. He was executed, maintaining to the last that he had no intention of shooting Sergeant Jones, and attributing his death to the effect of drink.

extreme point of Dingle, were looking out to seaward on the morning of the 16th March, they discerned a storm-tossed boat, the crew of which were evidently past exertion. The islanders sent out a boat to the rescue; but when they approached and threw to her a tow-rope, the men were so sunken that they were unable even to make it fast. Four islanders therefore went on board and rowed her to the landingplace. The men thus succoured were 15 in number; and their rescue at this moment probably saved all their lives; for such was their utter exhaustion, that two of them dropped down dead, while attempting to drink from a bucket of water which was brought down to the pier. This was the story of their disaster and sufferings:

The Middlesex, of New York, a full-rigged ship of about 2500 tons burden, sailed from Liverpool for New York on the 18th of February, having on board a crew of 26 hands before the mast, seven officers, and about 35 passengersin all, 68 souls-and a cargo of coal and crate. When about 21 days out, in a gale of wind while lying to, she sprung a leak, the cargo shifted, and she was thrown on her beam ends. Signals of distress were hoisted, but unfortunately no vessel was to be seen during the three days that she had the signals exhibited. She then began to make water fast, and all hands were employed at the pumps during three days and nights successively. The main and mizen masts were cut away, but all to no use, as she began to sink fast. When the master saw that there was no chance of saving her, as the water was almost up to the main deck, he ordered the two

lifeboats to be launched; unfortunately they were both smashed alongside. After one of the lifeboats had been launched, the cook and a seaman got into her, but a sea came and capsized her, bottom upwards. The cook got on the keel, and clung to her until they were out of sight-for the rope had been cut and she was let adrift through the confusion that then existed on board. The longboat was then launched, and by hard exertions the captain and 14 men, including four passengers, got into her, and abandoned the ship about 5 P.M. on Tuesday, the 12th inst., having to leave the rest of the crew and passengers to their fate. As they were entering or going on board the boat a very sad incident took place. A fine young fellow, named Elford Thorpe, a native of Carlow, was courting a young Scotchwoman, a passenger. They were to be united as soon as they should reach New York. When the boat was being manned this Thorpe got into her. She rose on the top of the sea. The young woman jumped in order to reach her, but did not succeed, and she fell between the ship and boat and began to sink. Poor Thorpe leaped overboard, dived, and brought her to the surface, but the rope had been cut, the boat had been drifted to leeward, and could not pull up to them, and the unhappy pair perished locked in each other's

arms.

When abandoning the ship the scene on board the boat, crowded as she was, was frightful. They were then from Tuesday, the 12th, running before the wind, it being very stormy, and continually pouring showers of hail. At one time, the sea running mountains high, they had to "grudge "her-which

means, to lash all the oars and loose spars together, throw them overboard, and make fast with a line or rope, in order to keep her head to windward, for safety-then all had to lie down, and give her her chance.

They do not appear to have secured any provisions or water, nor any sail. In this dreadful condition they drifted about on the waves for five days and nights, when they were fortunately perceived from the Blaskets, and brought to shore. The islanders,

who are themselves the poorest of the poor, treated the survivors with the utmost hospitality, until they could be removed to Dingle.

20. FEARFUL EARTHQUAKE IN SOUTH AMERICA.-The cities of Mendoza, San Juan, and San Louis, populous towns of the Argentine Republic of South America, have been destroyed by an earthquake, the first and principal shock of which occurred about 8.30 in the evening of the 20th inst., succeeded by shocks spread over the three following days. By these continued disturbances of the earth's crust, not merely the towns and large buildings were cast down, but the whole district was broken up; the earth sank in, rivers were turned from their courses, roads and bridges were torn up or sunk, and the surviving inhabitants reduced to ruin. The number of persons who perished at Mendoza is variously reckoned at from 8000 to 11,000; certainly not less than 15,000 were crushed in the province. The account given by the mail-courier from Mendoza to the authorities at Valparaiso, was as follows:

"The latter (the courier) stated that he arrived at Mendoza on the morning of the 20th; that at half

past eight P.M. a brief but excessively violent shock of earthquake, lasting but six or eight seconds, destroyed every building, public and private, in the city, and that the number who were enabled to escape was very limited. The streets being narrow, the buildings high, and the inhabitants totally unused to such phenomena, were paralyzed with terror, and neglected to seek refuge in the open courts of their dwellings until too late. The postmaster was buried beneath the ruins of the post-office, the governor was missing; and, when asked why he brought no certificate that the mails were lost, the messenger replied, There was no one left to write it, nor materials to write with. The aspect presented by the city after the first shock was terrific. Hoarse subterranean thunders deafened the air, animals of all kinds rushed frantically through the open spaces howling, the earth opened and vomited forth floods of water, while, to crown the scene of horror, flames burst from the ruins, and consumed nearly the entire business portion of the city, with its dead, its dying, and its wounded."

"On the 28th a number of letters were received at Valparaiso and at Santiago, by relatives and friends of Chilians residing in Mendoza, but the hope until then entertained, that the earlier accounts were exaggerated, soon gave way to the dreadful certainty that the calamity had not yet been painted in colours sufficiently vivid. The earth still continued to tremble, the few walls that had resisted the first shock one by one fell, until now no vestige of a building remains. The mountain roads are

in a most dangerous condition, not only on account of the huge masses of rock that have already fallen and obstructed the road, but because the vibration of the earth is still hurling them down from the heights above into the valleys. The gauchos, or natives of the surrounding country, hastened to the spot, not to assist the needy or aid in rescuing the wounded from a lingering death, but to seek for plunder among the smoking ruins, and to snatch the little saved from the wretched survivors. One gentleman writing from thence, after describing these horrors, says: I believe that in a few days we shall have no other law here than that of the poignard.' The prison was destroyed: out of 100 inmates, 92 perished. The remaining eight, who were already hardened villains, formed themselves into a band of freebooters, and had gone, it was supposed, to the mountain passes, to intercept and rob the parties sent from Chili for the relief of the sufferers. One woman was found robbed and murdered by the roadside. She was recognized as one who was on her way to Mendoza to see her family. They too had all perished on the 20th. In the Jesuit church there was preaching that night. The services had just concluded, and the congregation was about dispersing, when the shock came. The few who had reached the plaza were saved, but the walls and roof of the building fell inward with a crash, and priest and penitent together were hurried into eternity. The latest advices from Mendoza represent the suffering to be extreme, there being neither food, clothing, nor shelter for the survivors, everything being

buried beneath the ruins. They also state that San Juan and San Luis, two other populous cities of the Confederation, have shared a like fate, the San Juan river having, after the shock, left its bed, and swept over the town, utterly destroying what the earthquake had spared. This news is not, however, fully confirmed.

As soon as the disastrous news was rendered beyond question, the government and private individuals vied with one another in energetic efforts to send immediate relief to their suffering brethren. Without waiting for the completion of the work, on the 30th a party of physicians and others left for the scene of the disaster, bearing medicine, food, and clothing, and accompanied by a small body of troops."

Troops were immediately dispatched to protect the miserable survivors from the crimes perpetrated by the lawless people of these disorganized communities.

Other letters give details of horrible catastrophes. In a convent of 150 nuns only 30 escaped; a fire broke out in the ruins of one of the densest parts of the city, and it is computed that 600 persons were burnt alive; hundreds of persons still living were dug out of the ruins 16 or 20 days after the disaster, in every conceivable state of mutilation. Large subscriptions for the relief of the sufferers were collected in the chief cities of South America, and on the exchanges of the mercantile cities of Europe dealing in the South-American trade.

EARTHQUAKE IN ITALY.-On the 9th of May an earthquake was felt in Italy, by which the town of Cetta de Piave, in the

province of Umbria, and the towns and villages surrounding; but it would seem that few if any lives were lost.

22. THE DUNDRY MURDER.— At the Taunton Assizes Matthew Wedmore, 31, and Charles Wedmore, 22, were indicted for the wilful murder of Sarah Waterman, of Dundry, on the 9th of January.

It appeared that George Waterman and the deceased, who was his wife, both being between 70 and 80 years of age, lived together in a cottage under Dundry-hill. George Waterman was a Chelsea pensioner. He had a cottage and orchard, and he kept a cow, and was considered in the neighbourhood to be a thrifty man, who had saved some little money. The two prisoners were brothers, and were great-nephews of the old man. One of them, Charles, was a private in the Royal Marines, and the other, Matthew, was a labourer about the quays of Bristol. A man named Keeble, who had been a policeman, was intimate with the old people. About 7 o'clock in the evening of Wednesday, the 9th of January, as the old people were sitting, healthy and well, by the fire in their kitchen, they heard a knock at the door. The old man asked who was there, and a voice answered, "It is the policeman John." The old man then opened the door, and there he saw both the prisoners. Matthew immediately struck him a blow on the head with a bludgeon he had in his hand. The old man retreated. Matthew followed him, striking him with the bludgeon until he knocked the old man down; he was almost unconscious. Matthew then dragged the old man by the

collar into the back kitchen, and then dragged him upstairs. Charles followed, and he ransacked the room while Matthew stood over the old man. They asked him where his money was, and he told them in a box. Charles found two loaded pistols, which the old man was in the habit of keeping under his pillow. He pointed one at him and said, "Kill him; we don't mind killing people." The old man begged them not to injure his wife. Charles said he had put her to sleep. Matthew then dragged the old man downstairs again. The prisoners said they wanted something to eat, and Charles took a loaf and cut some bacon that was hanging up, and wrapped them up in a handkerchief. They asked the old man for a rope, and he told them where there was one. They got the rope and then dragged the old man into the back kitchen, and Matthew fastened his hands and feet together, and then tied him up to the rack, and told him not to move for 20 minutes, and then to call his wife to release him. The prisoners then went away. The old man contrived to get loose and went into the kitchen, where he found his wife lying on the floor alive, but almost dead. He tried to raise her up, but was so much exhausted from the loss of blood that he could not succeed. He then crawled out to the next cottage, some 300 yards off, and gave an alarm. Some persons returned with him to his cottage; they found the old woman still breathing, but insensible. A surgeon was sent for, and he examined the poor old woman, and found her lying in a pool of blood, with her skull fearfully fractured, evidently by three separate blows. There

was a pair of tongs lying near her, with blood and hair on them. She lived for about two hours, and then died, evidently in consequence of the injuries she had received. The old man was for some time in a most dangerous state, but ultimately recovered, and gave evidence against his reprobate nephews at their trial. Upon searching the house it was discovered that some money, two silver watches, a brace of pistols, and a

bunch of keys were missing. Information was immediately given to the police. Suspicion rested on the prisoners, who had been seen together that day in the neighbourhood of Dundry. The next morning the police got upon the track of the prisoners, and about 8 o'clock in the evening they traced them to the Hot Wells, and saw them walking along the road. One of the police, named Morse, went towards Charles, who ran away for about 40 yards, and then turned round and fired a pistol at Morse, which fortunately missed him. Matthew was then seen trying to get something out of his pocket, but the police were too quick for him, and found he had a pistol in his pocket, loaded and capped. They were then taken into custody. Blood was found on both their shirts. The pistols found upon them were the property of the old man, and had been taken away on the night of the murder. The prisoners were seen together on the morning after the murder at a beerhouse at Bristol. They had then two silver watches in their possession, which they got a person to pledge for them in Bristol. These watches were the property of the old man, and had been taken away on the night of the murder. On the