the Creator is rendered wonderful; for he appears not less mighty in the production of the smallest animals, such as ants, flies, gnats, worms, and other insects, which are much better known to us by sight than by name." (Hieronym. ad Helidor. Epitaph.) This could not be more strikingly illustrated than in the economy and structure of the little water insect usually called the whirlwig, of which our author gives the following account:

Water, quiet, still water, affords a place of action to a very amusing little fellow (gyrinus natator), which about the month of April, if the weather be tolerably mild, we see gamboling upon the surface of the sheltered pool; and every schoolboy, who has angled for a minnow in the brook, is well acquainted with this merry swimmer in his shining black jacket. Retiring in the autumn, and reposing all the winter in the mud at the bottom of the pond, it awakens in the spring, rises to the surface, and commences its summer sports. They associate in small parties of ten or a dozen, near the bank, where some little projection forms a bay, or renders the water particularly tranquil; and here they will circle round each other without contention, each in his sphere, and with no apparent object, from morning until night, with great sprightliness and animation; and so lightly do they move on the fluid, as to form only some faint and transient circles on its surface. Very fond of society, we seldom see them alone, or, if parted by accident, they soon rejoin their busy companions. One pool commonly affords space for the amusement of several parties; yet they do not unite, or contend, but perform their cheerful circlings in separate family associations. If we interfere with their merriment, they seem greatly alarmed, disperse, or dive to the bottom, where their fears shortly subside, as we soon again see our little merry friends gamboling as before. This plain, tiny, gliding water flea, seems a very unlikely creature to arrest our young attentions; but the boy with his angle has not often much to engage his notice, and the social, active parties of this nimble swimmer, presenting themselves at these periods of vacancy, become insensibly familiar to his sight, and by many of us are not observed in after life without recalling former hours, scenes of perhaps less anxious days.

As Mr. Knapp has taken no notice of a circumstance which we consider the most remarkable in this insect, we shall endeavour to supply his omission. Land animals see indifferently under water, and aquatic animals imperfectly in air; and an animal with an eye equally fitted for seeing in water and in air, can have, on account of the great difference of the mediums, but imperfect vision in either. The insect just alluded to, in order to obviate this difficulty, is furnished with two sets of eyes, one pair being placed on the crown of the head for seeing in water. As it swims half submerged, the latter pair must be very useful in warning the insect of approaching danger from fishes, &c., below, and from being surprised from above, their great quickness of sight being quite surprising, as they dive with the rapidity of lightning when an idle boy, or an eager entomologist, attempts to disturb their eccentric dances.

Though the greater portion of the volume is devoted to the consideration of animals, the author does not confine himself to systematic regularity in this respect, but makes occasional excursions into other departments. The following remarks, for example, on the spotting of fruits and leaves, which occur near the end of the volume, are no less original than interesting :

Our apples in some years are more inclined to become spotted than in others, from causes not quite obvious, as moist summers do not occasion it

more decidedly than dry. Particular sorts are more subject to these dark markings than others. The russet, though a rough-coated fruit, seems exempt from spots; whereas some of the smooth-rinded ones, especially the pearmain, are invariably disfigured with them. These marks appear to be an æcidium, which we frequently find to be perfectly matured, the centre occupied with minute, powdery capsules, having burst through their epidermis, or covering, which hangs in fragments round the margin. This æcidium apparently derives its nutriment from the apple; for immediately round the verge of the spot the skin becomes wrinkled in consequence of the juices being drawn off by the fungus. In most cases the presence of plants of this nature is symptomatic of decay; but in this instance we find an exception to a pretty general effect, for the decay of the apple does not always commence at the spot, which does not even apparently contribute to it; for the whole fruit will shrive! up in time by the escape of its juices without any decay by mortification. Though we are not able always to ascertain the purposes of nature, yet this little cryptogamous plant affords a strong example of her universal tendency to produce, and every vegetable substance seems to afford a soil for her productions. We have even an agaric, with a bulbous root and downy pileus, that will spring from the smooth summit of another (agaricus caseus), which has a uniform footstalk, though not of common occurrence. Thus a plant, that itself arises from decay, is found to constitute a soil for another; and the termination of this chain of efficiency is hidden from us. But the leaves of many vegetables often become singularly spotted during some part of the summer, and such spots have not certainly been effected by the growth of cryptogamous plants, natural decay, or the punctures of insects, the usual agents in these cases. A very indifferent observer of these things, in strolling round his garden, must have remarked how uniformly and singularly the foliage of some of the varieties of the strawberry are spotted, and corroded as it were into little holes; whereas other kinds have seldom any of these marks visible on them. I have fancied, that these spottings were occasioned by the influence of solar heat: a shower of rain falls, small drops collect and remain upon the leaf of the plant; the sun then darts out, converting all these globules of rain into so many little lenses, converging the rays, and scorching or burning a hole at the focus. This conjecture has been rather strengthened by observing, that upon certain sorts, the hautboy, alpine, &c., the rain when it falls uniformly wets the leaves, yet they do not become spotted; but the smooth leaves of others, roseberry, caledonian, upon which it stands in drops, always become marked and perforated: but whatever may be the real cause of these spottings, if the foliage be touched, by way of an experiment, with the point of a heated wire, after a few days they will present an appearance very similar to what is naturally effected.

Upon the whole we cannot give Mr. Knapp's 'Journal of a Naturalist' higher praise than by saying, it is worthy of being a companion to White's Natural History of Selborne,' to which it is, in some respects, even superior.

DIARY

FOR THE MONTH OF APRIL.

2d. The trial of Martin for setting fire to York Minster, reported in the papers of to-day, furnishes another very strong instance of the cruel absurdity, or rather the absurd cruelty, of not allowing the counsel of persons accused of felony to speak for them. Never, we do think, was there an arrangement so preposterous, and against which no interests can be in question, that continued so long. Neither does this arise from attention not having been drawn to it. It has been brought forward several times in the House of Commons, and always negatived by a very considerable majority. And yet we have never heard one word in the shape of argument against this undeniable right being conceded. If your property is at stake,-if you are accused of a misdemeanour,here you may have ample assistance from the gowned gentry at Westminster Hall for felony involving the severer punishments, death included, you must make your defence yourself. This has been said a thousand times, and a thousand times it should be repeated: it should constantly be dinged into the ears of the government and the legislature till the right is done.

People say that most of the accused are guilty-most, yes-but not all. They never can say that; and many is the case in which innocent men have been convicted for want of a counsel to "speak to evidence" to the jury: we know ourselves several such. In a complicated case, it is impossible for a prisoner to do this: it is very difficult often for a man of talent, with his mind at ease, and bred for the purpose, to make a story clear through a mass of intricate evidence! Then the old nonsense of the judge being the counsel of the prisoner. He ought not to be, he is not, and he cannot be. He ought not to be, for it is his duty to see justice done to fairly hold the balance between two statements, not to advocate one. . He is not because he feels this, and acts accordingly. And he cannot be―to innocent men especially, and we want to save them, not to screen the guilty-because how is he to know what the prisoner's defence may be. He has the depositions against him, and his own story if he has chanced to tell it before the magistrate, which he scarcely ever does in detail unless it be a confession, because he is always urged and even entreated not to go beyond a denial. How, then, is the judge to help him unless he has conned the matter over with him, which of course he never does.

Again, others say it would be worse for the prisoner if he had counsel, than if he had not; for if he cannot say anything for his client, it would make the jury convict at once. So much the better. Then the prisoner is guilty, and it is right to convict. We are talking only of the innocent-few, if you please, but still some.

Some say, "Oh! recollect what time it would take if a counsel were to make a speech in every case!"-Time indeed! what is time for in a court of justice but to do justice. That, alone, is no argument at all.

But the instance which has more immediately recalled this subject to our memory almost extends this already barbarous practice. Baron Hullock nearly goes so far as to allow the counsel for the prosecution to discuss points of law, without the prisoner's advocate being permitted to answer. On points of law he has hitherto been allowed to speak. The following are the facts. Of course it was understood that the prisoner's defence would be rested on insanity. Mr. Alderson, on the part of the crown, accordingly cited many cases in which the madness had not been considered of a quality, or exhibited under circumstances, to protect the accused. To this course Mr. Brougham objected-very justly saying, "that if the counsel for the prosecution stated these cases and their results, he ought on the part of the prisoner to be allowed to shew cases where different results were arrived at." Mr. Baron Hullock ruled that there was no objection to the cases being stated, but that it was better not to mention the verdicts, which the counsel had previously been adding. This exception is utterly futile: the question was, how the judges had held the law to be as applied to certain given instances of insanity: whether or not the juries in those cases had held the accused party's mental state to come under those instances, could manifestly have nothing to say to the prisoner at York. All the evil, as against him, lay in the dicta of the judges. Mr. Alderson, accordingly, went on citing case after case, as long as he pleased;—and Mr. Brougham was not allowed to answer him.

If it were not that the law was held to be thus by a judge of the very high reputation of Baron Hullock, we really should be inclined to question the correctness of the decision; we mean as to denying Mr. Brougham the right to speak on the law. For the course Mr. Alderson took clearly made it a matter of law.-He was not commenting on this case itself, but going into a history of the cases in which insanity had been held to be of a nature not fitting to exonerate the accused. Surely this, thus put, was a matter of law-and Mr. Brougham ought to have been heard, that he might cite cases tending the other way.

At all events, be it law or not, it is manifestly the most extraordinary injustice. No prisoner can be supposed to have a knowledge of the reports, so as to be able to cite cases in answer to those brought forward by the counsel against him;—and in an instance where the defence brought forward was insanity, it is really bringing the iniquity of the system almost to an epigrammatic point.

We are quite certain all our non-legal readers will feel strongly with us in this matter. We know that the general opinion of society is most decided as to the necesity of alteration. Nay, we have met several people of strong sense and sound reasoning powers, who, not having ever been in a court of justice, would not believe us for a considerable time, when we stated the truth. What! not give the accused the same chance as the accuser!-Oh! you must be jesting." We really do not wonder at those who have nothing but sense and feeling to guide them thinking thus. We truly wish that some influential member of the House of Commons would take up the matter, and, as has been done on other subjects, make it an annual motion. We are

confident the general sense of the country would cause the bill to pass before it came to its third year.

23rd. The public schools may be assured that the time is rapidly approaching when the public will no longer tolerate their present system. With the exception of Eton, all these establishments are declining in point of numbers, to an extreme extent-and Eton will not be able long to continue at its present height, if the existing order of things be not altered.

We allude more particularly to the constant exercise of tyranny, which the system of Fagging causes to exist, of the older boys over the less, producing misery to the latter, and giving a selfish and unfeeling turn to the disposition of the former, which often affects the character for life. We could cite several instances of tyrannical conduct, which have taken place within these few years, that would make our readers' flesh creep,if we were not withheld by the conviction that we might hurt individual feeling and that of the injured party-to a degree beyond any general good that could result from the facts being published. But all know that such things do occur, and most have some particular instances within their knowledge.

Our attention has been led to this subject just now, by the following statement in the Chronicle of this morning, with reference to an occurrence at Westminster.

"A most lamentable instance of the hostile feeling in great schools has occurred within these few days at Westminster School, in the melancholy fate of Master Harrison, a youth of considerable attainments, about sixteen years of age, the son of a respectable tradesman (pawnbroker) in Wardour-street, Soho, and who boarded at Selcock's, in Dean's yard. About a fortnight since (according to the best information) two of the King's Scholars, named and, having cherished some grudge towards poor Harrison, threw a large stone at his head, whilst he was going to the school, which struck him with great violence upon the back of his skull, and sent him bleeding to Mr. Preston, the Second Master, who mentioned the circumstance immediately to Mr. Williamson, the Head Master, then too much engaged to notice it attentively. By the direction of Mr. Preston, who was indignant at such outrageous conduct, medical assistance was immediately obtained, and young Harrison was removed to St. George's Hospital, in order to be under the superintendence of his own brother, who is a surgeon at present walking that Hospital. Harrison, we are sorry to say, became worse, and he was removed to his father's, at No. 95, Wardourstreet, Soho, where he at present remains, but is considered in great danger. On Tuesday it was currently reported in Westminster that he was dead, but on inquiry at his father's we found the rumour was unfounded, but that he was gradually getting worse, and that but little hope was entertained of his recovery. The youths his assailants, who are about seventeen years of age, are still at liberty, and do not appear to be impressed with the mischief they have done. Harrison, it is stated, had got into Little Dean's-yard, where, according to an understanding, or some custom, the town boys have no right to intrude."

This statement, it is clear, comes from a friend of the party injured.