It can not be suggested that the fact that the man vomited twice on Friday night was attributable to any arsenic taken at midday on Thursday, for Dr. Stevenson testified that the vomiting, which is a symptom of arsenic, usually follows the administration in about _half an hour_. Dr. Carter, who was not called in to the patient until Tuesday, May 7th, in his evidence, however, suggested that: “I judge that the fatal dose must have been given on Friday, the 3d, but a dose might have been given after that. When he was so violently ill on the Friday, I thought it would be from the effects of the fatal dose, but there might have been subsequent doses”; and in cross-examination he explained that he had made this suggestion about the fatal dose because: “I was _told_ he was unable to retain anything on his stomach for several days.” It is submitted that the judge, when summing up, MISDIRECTED the jury by ignoring entirely the evidence and substituting for it this reckless suggestion of Dr. Carter’s. MISDIRECTION AS TO TIMES WHEN ARSENIC MAY HAVE BEEN ADMINISTERED The only occasions on which it was possible to suggest any act of administration of arsenic were the medicine on the 27th of April and the food at the office on May 1st and May 2d; and the judge told the jury: “The argument that the prisoner administered the arsenic is an argument depending upon the combination of a great variety of circumstances of suspicion. The theory is that there was poisoning by successive doses, and it is rather suggested that there may have been several doses. But I do not know that there was any effort made to point out the precise times at which doses may have been administered.” Under such circumstances it is submitted that the statement of the judge as to the medicine on the 27th of April, and as to the food at office, and as to the statement that “Friday (3d May) was the day on which began the symptoms of what may be called the fatal dose,” _are misdirections of vital importance to this case_, and such as to entitle Mrs. Maybrick to have the verdict set aside and have a new trial ordered. MISDIRECTION AS TO MRS. MAYBRICK’S CHANGING MEDICINE BOTTLES As regards the question of attempts to administer arsenic, the occasions upon which such conduct was imputed are changing medicine from one bottle into another and the Valentine’s meat juice. As regards the changing the bottle, there were two occasions when evidence was given as to Mrs. Maybrick’s doing this. The first was on the 7th of May, when Alice Yapp said that some of the medicines were kept on a table near the bedroom door and some in the bedroom, and that on Tuesday, 7th of May, she saw Mrs. Maybrick on the landing near the bedroom door, and what was she doing? She was apparently pouring something out of one bottle into another. They were medicine bottles.