quarie, and S. W. by the Lachlan; area, about 2,000 sq. m.; pop. in 1871, 16,826. It was the earliest district settled on the W. side of the Blue mountains, through which a practicable route was first discovered in 1813. It is an excellent grazing country, well watered, and, being nearly 2,000 feet above the level of the sea, has a moderate climate. The first discovery of gold in Australia was made in this county, Feb. 12, 1851, by Edmund Hargraves, an Englishman who had been a miner in California. II. The principal town of the preceding county, situated near the centre of the gold region of the district, on the river Macquarie, 98 m. W. N. W. of Sydney; pop. about 5,000. Two lofty elevations lie near the town, Mount Rankin, about 4 m. to the N. W., and the Bald Hill, 2 m. to the S. W. The town was founded by Gov. Macquarie in 1815, and named in honor of Lord Bathurst, the then English secretary of state for the colonies. It is now the finest of all the inland towns of the colony, and is built on a sloping plain intersected by a deep watercourse, over which there are several bridges. The streets are broad, and cross each other at right angles. Many of the stores are large, well built, and well supplied with goods. The Episcopalian, Roman Catholic, Presbyterian, and Methodist churches are large and handsome, and there are many public and private schools, and an extensive school of arts. There are several good hotels, a theatre, and a large and well managed hospital. Bathurst was erected into a municipality Nov. 13, 1862, and is the seat of a Roman Catholic and an Anglican bishop. In 1872 two bi-weekly newspapers were published here.

BATHURST, a settlement on the isle of St. Mary, near the mouth of the Gambia, on the W. coast of Africa, founded by the English in 1816, and the principal of the English establishments in Senegambia. It is situated only 12 or 14 feet above high-water mark, and is not a healthy station, water being scarce and not of good quality. The island has about 3,000 inhabitants, few of whom are Europeans. BATHURST, an old English family, prominent in the last three centuries. I. Ralph, dean of Wells, born at Howthorpe in Northamptonshire in 1620, died June 14, 1704. He was educated at Trinity college, Oxford, of which college his grandfather, Dr. Kettel, was president. He took his degrees of bachelor and master of arts in 1638 and 1641, studied theology, and was ordained in 1644. He delivered some theological lectures in 1649, which he soon afterward published, and which gained him much reputation. But the troubles of the period made him resolve to abandon the clerical profession, and he began to study medicine, and took a doctor's degree in 1654. He had a large practice, and was made physician to the navy. In conjunction with Dr. Willis, who like himself had abandoned the church for the medical profession, he settled at Oxford, where he studied chemistry and several branches of

natural philosophy. He took an active part in the foundation of the royal society, and in 1663 was elected a fellow of the Oxford branch of the society. After the restoration he abandoned physic and returned to the church, was made chaplain to the king in 1663, dean of Wells in 1670, and in 1691 was nominated to the bishopric of Bristol, which he declined. In the latter part of his life he was president of Trinity college and vice chancellor at the university. He wrote good Latin poetry. II. Allen, first Earl Bathurst, born in London in November, 1684, died Sept. 16, 1775. He was the eldest son of Sir Benjamin Bathurst, treasurer of the household to Queen Anne before she ascended the throne. He entered parliament in 1705, and was called to the house of lords as Baron Bathurst in 1711, in 1757 was made treasurer to the prince of Wales, and on the accession of this prince as George III. soon after, declined further public employments, but accepted a pension of £2,000 a year. In 1772 he was created Earl Bathurst, and spent the rest of his life in retirement. He was a political opponent of the duke of Marlborough and of Sir Robert Walpole, and was on intimate terms with Pope, Gay, Addison, and Congreve. III. Henry, the only surviving son of the preceding, born May 2, 1714, died Aug. 6, 1794. He was made chief justice of the common pleas in 1754, and lord chancellor in 1771, with the title of Baron Apsley, and resigned the seals in 1778, having voted against the Chatham annuity bill, a ministerial measure. He was president of the council in 1780, and in the Gordon riots was assaulted by the mob. IV. Henry, bishop of Norwich, cousin of the second Earl Bathurst, born Oct. 16, 1744, died April 5, 1837. He was educated at Winchester and New college, Oxford, obtained a rectory in Norfolk, and then the rich family living of Cirencester, with the deanery of Durham, and a canonry of Christ church, Oxford. In 1805 he was made bishop of Norwich. In parliament he strongly advocated Roman Catholic emancipation, concessions to the dissenters, and parliamentary reform. His life was written by his eldest son, Dr. Henry Bathurst. V. Henry, second Earl Bathurst, son of Baron Apsley, born May 22, 1762, died July 27, 1834. He entered the house of commons, and was successively lord commissioner of the admiralty, commissioner for India, foreign secretary, and colonial secretary. When the tories came into power in 1828 he became president of the council, but resigned in 1830. He was afterward first lord of the admiralty.

BATHURST INLET, an arm of the Arctic ocean, projecting due S. about 75 m. out of Coronation gulf, lat. 68° N., lon. 111° W. It is in a direct line between the magnetic pole and Great Slave lake, and about 300 m. from each. BATHYÁNYI. See BATTHYÁNYI.

BATHYBIUS, the name given by Prof. Huxley to a very low form of the protozoa, found penetrating in every direction the viscid calca

BATHYLLUS OF ALEXANDRIA

reous mud brought up in sea dredgings, by Drs. W. B. Carpenter and Wyville Thompson, from a depth of about 650 fathoms in the north Atlantic ocean. According to Huxley, a very large extent of the bed of the Atlantic ocean is covered by this living expanse of transparent gelatinous or protoplasmic matter, growing at the expense of inorganic elements, in which are imbedded granular bodies which he calls coccoliths and coccospheres, and to which they bear the same relation as the spicules of sponges do to the soft parts of these animals. This mud also contains minute foraminifera, the socalled globegerina whose calcareous remains are forming a stratum at the bottom of the ocean, considered by Huxley the same in character and mode of formation as the chalk of the cretaceous period. Dr. Wallich, on the contrary, regards the so-called bathybius, not as an animal, but as a complex mass of slime, with many foreign bodies and the remains of once living organisms in it, and also with numerous living forms. Denying the organic nature of bathybius, he maintains that the coccoliths and coccospheres stand in no direct relation to it, but are independent structures derived from preexisting similar forms, and that their nutrition is effected by a vital act which enables these organisms to extract from the surrounding medium the elements necessary for their growth. Dr. C. W. Gumbel has recently (1872) published a paper confirming the conclusions of Huxley, Carpenter, and Häckel with regard to the organic nature of the protoplasmic bathybius and the coccoliths (discoliths and cyatholiths), and their relationship to each other. A similar growth in fresh water has been called pelobius.

BATHYLLUS OF ALEXANDRIA, a freedman and favorite of Mæcenas, who, together with Pylades of Cilicia, was preeminent in the imitative dances called pantomimi. In the reign of Augustus, with Bathyllus and Pylades as principal performers, pantomimes were brought to their highest point of perfection, but they afterward grew more and more obscene and demoralized. Bathyllus excelled in the representation of comic characters, and Pylades in tragic personifications. Each had his school and disciples, and each was the head of a party.

BATOKA, a tribe of S. Africa, who occupy two considerable islands in the river Leeambye, and the adjacent country on either bank. They formerly held wide sway, but are now for the most part subject to the Barotse. The Batoka universally knock out the upper front teeth of both sexes at the age of puberty. They are very degraded, and addicted to smoking the mutokwane (cannabis sativa), from the effects of which they become delirious.

BATONI, Pompeo Girolamo, an Italian painter, born at Lucca in 1708, died in Rome, Feb. 4, 1787. Some of his best works are at Lisbon and St. Petersburg. His principal picture at Rome is the "Fall of Simon Magus," at the church of Santa Maria degli Angeli.

BATON ROUGE, a city, capital of the parish of East Baton Rouge, La., and formerly of the state, situated on a bluff on the E. bank of the Mississippi, 129 m. above New Orleans; pop. in 1870, 6,498, of whom 3,356 were colored. It was one of the first French settlements, said to have been the site of an old Indian village. It is in the midst of a large district devoted to the cultivation of sugar and cotton. The town is well built, contains a national arsenal and barracks, a military hospital, and the state penitentiary and deaf and dumb asylum. It is the seat of the Louisiana state university, which in 1871 had 18 instructors, 184 students, and a library of 7,000 volumes, and of Baton Rouge college. It has one weekly and two daily newspapers and a monthly periodical. In the civil war Baton Rouge was occupied by federal troops shortly after the capture of New Orleans. On Aug. 5, 1862, Gen. Williams was attacked there by the confederate Gen. Breckenridge, and fell, gallantly fighting, at the moment of victory; the ram Arkansas, on the cooperation of which the assailants had counted, having broken her engine and proved a failure. BATON ROUGE, East and West. See EAST BATON ROUGE, and WEST BATON ROUGE. BATRACHIANS. See AMPHIBIA. BATSHIAN. See BATCHIAN. BATTA. See BATAK.

BATTERING RAM (Lat. aries), the earliest machine for destroying stone walls and the ordinary defences of fortified towns. The primitive form of this instrument was a huge beam of seasoned and tough wood, hoisted on the shoulders of men, who ran with it at speed against the obstacle. The second step was strengthening and weighting the impinging end of the machine with a mass of bronze, brass,

30 or 40 feet to and fro, under the impulse of human force, as nearly as possible on the plane of the horizon. When the impetus was once given to this vast beam of wood, 100 or 150 feet in length, all that was requisite was to impart to it such continued motive force as to keep it in play, when its own impetus would of course gradually increase; and it would necessarily act with the force of its own natural weight, multiplied by a constantly increasing measure of velocity, upon the object on which it impinged. To this must be added that the ram being, in its most highly improved state, played in exact time, it acquired a perfect vibratory motion itself; and its blows being directed continually on one spot, at regular intervals, a similar vibration was communicated to the wall; which, increasing with the increased weight of the blows, a second wave being always put in circulation from the centre of the attack before the preceding wave had subsided, soon set the whole mass of masonry surging and swaying backward and forward. The objections to it were, that it could only be used at close quarters, where direct access could be had to the foot of the fortification which was to be beaten down, by bodies of men, who necessarily worked for the most part in full view, and exposed to the missiles of the defenders at an exceedingly short range. The former of these requirements rendered it necessary to fill up or bridge over the moats or ditches in front of the work. The latter led to the construction of towers of planking, covered with raw hides, of many stories in height, rolling on wheels; in the lower stage of which the ram was slung so that the men who worked it could do so perfectly under cover, while the upper stages were filled with archers and slingers, whose duty it was to operpower the fire of the defenders. From the top of these machines a sort of bridge was also contrived, which could be lowered and hauled out with chains and pulleys so as to fall on the summit of the tower or castle wall, and give free access to the assailants. These towers, which were the last improvement on the ram, were so arranged that they were not only fought but propelled by men, either within the structure, or placed behind it, in such a manner as to be protected by it from the shot of the enemy. They continued to be in use during all the middle ages, and were still effective until ordnance was so much improved that it could be discharged rapidly and with correct aim.

BATTERSEA, a parish of Surrey, England, 4 m. S. W. of St. Paul's cathedral, forming one of the suburbs of London; pop. in 1871, 10,560. A wooden bridge over the Thames connects this parish with Chelsea, and a suspension bridge with the metropolis. It was formerly much occupied by market gardeners, who supplied London with vegetables, but is now building up with villas.

BATTERY, Galvanic. See GALVANISM.

BATTERY (law Lat. battere, from Saxon batti, a club), as defined by Blackstone, the unlawful beating of another. But if beating be here taken in its usual sense, the definition is not nice enough; for the offence includes every unlawful or wrongful touching of another's person against his will or without his consent, whether it be in the form of violence or of mere constraint. A battery is the consummation of the act, the threat or attempt of which constitutes an assault. (See ASSAULT.) As every battery is reached through an assault, these two offences are often described by the latter word alone, though the phrase of the law, assault and battery, sometimes used in common speech, preserves the proper legal distinction. Thus the unlawful raising of the hand or of a weapon, as if to strike another, is an assault; the actual infliction of the threatened blow is a battery.-The law makes one's person inviolable. Therefore not only is a blow a battery, but so also is spitting upon one, throwing water or any other substance upon him, pushing him, or pushing another person or anything against him. And the inviolability of a man's person extends to all that at the time pertains to it. Thus it is a battery to strike one's cane in his hand, or the clothes on his body, or a horse on which he is riding so that he is thrown. Taking indecent liberties with a woman, kissing her or otherwise touching her without her consent or against her will, are also batteries. It is not necessary that the injury should be done by the hand of the aggressor; for the offence is committed not only by striking another with a stick or with a stone thrown at him, but also by urging on a dog so that he bites him, or by driving a horse over him, or driving a wagon against that in which the other is riding, so that he sustains bodily injury. Nor need the injury be immediately done by one to make him guilty. This principle is illustrated by the cases of those who abet one who maliciously fights or beats another, or of one who procures another to commit an assault and battery, or of a shipmaster who suffers any one under his control to commit a battery on board his ship upon one of his crew or passengers. It is immaterial whether the act be done with violence or in anger, or result from the omission of that care which the law requires every one to exercise toward others. Thus when A threw a lighted squib among a crowd of people, and it was thrown from hand to hand by several in their attempts to escape it, till it fell upon B and put out his eye, it was held a battery by A. So, one who rides with and assents to the reckless and unlawful driving of another, whereby a person is run over, is himself guilty of the battery. But the intention may be material so far as it determines the character of the act of touching another without his permission. For to put one's hand on another for the mere purpose of attracting his attention is innocent; and so it is if the injury was entirely acci

dental and undesigned, not merely in fact, but in view of that rule of the law which imputes guilty negligence when there is lack of due care. Upon these principles one is guiltless when his horse runs without his fault and injures another. And if an officer, authorized to arrest one, lays his hands upon him, or uses only necessary force, for the purpose of making the arrest, he is justified; or if one is threatened with an assault, or another attempts wrongfully to deprive him of his goods, he may justifiably use sufficient violence on the wrong doer to protect his person or property. But the use of any excessive violence in such a case, that is to say, of any more violence than is necessary to prevent the threatened injury, is a battery. The reasonable chastisement of a child by his parent or his schoolmaster is not battery; nor is the reasonable even though forcible restraint of a lunatic by his keeper, or the seizing or holding of one who is about to commit an assault, or the wresting of a weapon from him.-Battery is a misdemeanor by the common law, punishable by fine and imprisonment; and the party injured may also have his private civil action for damages.

BATTEUX, Charles, a French writer on æsthetics, born May 6, 1713, died July 14, 1780. He was appointed professor at the collége de Lisieux in Paris, and at the collége de Navarre, and subsequently Greek and Latin professor at the collége de France. In his Beaux arts réduits à un seul principe (Paris, 1746), and Histoire des causes premières (1769), he opposed mannerism and conventionalities, and strove to bring art and philosophy back to a closer harmony with nature. This theory was opposed to the opinions of many of his academical friends, and led to the suppression of the chair which he filled at the collége de France. In 1754 he became a member of the academy of inscriptions and belles-lettres, and in 1761 of the French academy.

BATTHYÁNYI. I. Kázmér, count, a Hungarian statesman, born June 4, 1807, died in Paris, July 13, 1854. In early life he passed some time in England, and upon his return to his native country he joined the liberal party, became a member of the Hungarian diet, and in 1848 took an active part in the national war in defence of the southern border. After having officiated as governor of various districts, he became in 1849 minister of foreign affairs under the administration of Kossuth, and subsequently shared Kossuth's exile in Turkey till 1851, when he repaired to Paris. In that year he addressed a series of letters to the London "Times," in which he reflected rather severely upon Kossuth's character as a statesman and patriot. II. Lajos, a member of the same family, born in Presburg in 1809, shot in Pesth by order of the Austrian government, Oct. 6, 1849. He was a cadet in the Austrian army at the age of 16, and afterward travelled extensively, but returned to Hungary to take a part in the reform movement of the time.

He was one of the leaders of the opposition in the diets of 1839-'40 and 1843-'4, and in 1847 was preeminently instrumental in promoting Kossuth's election to the house of deputies. After the revolution of March, 1848, he was prime minister of the national administration, in which capacity he evinced equal patriotism and moderation. When the war was precipitated by the manœuvres of the court, he resigned and made some fruitless efforts to bring about a reconciliation. At the opening of 1849 he was one of a deputation from the Hungarian diet to make peace overtures to Windischgrätz, who with the Austrian army was approaching Buda-Pesth. The Austrian general refused to listen to the proposition, and the seat of the revolutionary government was removed from Pesth to Debreczin. Batthyányi remained at Pesth, where he was arrested Jan. 8, 1849, and on Oct. 5 following sentenced by a court martial, presided over by Marshal Haynau, to die on the gallows. He stabbed himself with a dagger, and inflicted so many wounds on his neck that he could not be hanged, and accordingly he was shot. His estates were confiscated, but restored to his family on the restoration of the Hungarian constitution in 1867.

BATTLE, a market town of Sussex, England, 56 m. by rail S. E. of London, and 7 m. from Hastings, named from the battle of Hastings, between William the Conqueror and King Harold II., which was fought near the town, Oct. 14, 1066. On the spot where Harold's banner had been planted, William founded a great abbey, the magnificent gateway of which still remains. There are extensive mills for the manufacture of gunpowder in the vicinity of Battle.

BATTLE AXE, an ancient military weapon of offence, unused by the Greeks or Romans, and apparently of oriental or northeastern European origin. The Amazons are always described as armed with the double-headed battle axe, bipennis, and in the enumeration of the Persian host at Marathon Herodotus mentions the Saca as fighting with brazen shields and battle axes. Horace speaks of the Rhæti and Vindelici, barbarians of the Alps, as armed from the remotest times with Amazonian axes. The axe does not, however; appear to have become a general instrument of war until the descent of the Teutonic nations, all of whom used some modification of this weapon, which alone was capable of crushing in or cleaving asunder the linked steel mail. The axe of the Saxons, who were a nation of foot soldiers, soon assumed the form of the bill, glaive, or gisarme, which with the bow became the national weapon of the English infantry. The Normans, who were especially cavaliers, retained the old form of the battle axe, with a heavy axe blade forward of the shaft and a sharp spike behind it, besides a point perpendicular to the handle, which could be used for thrusting at an enemy. The battle axe was carried slung on one side of the pommel of the man-at-arms' saddle, as was the