With the Author's Compliment's. 
THE BURTON CASE. 
BY 
W. THORNTON PARKER, M.D. (Munich), 
NEWPORT, R. I. 
Medical Examiner 3d District, R. I., Member of the American Public 
Health Association, American Climatological Association, Boston 
.Gynecological Society, Secretary of the Newport Sanitary Pro- 
tection Association, Member of the St, John Ambulance As- 
sociation, England, Council Member of the Section of 
Climatology and Vice-President of the Section of 
Anatomy, International Medical Congress, 1887, 
Provost of the Guild of St. Luke in the 
U. S. A., etc., etc. 
Read in the Section on Medical Jurisprudence, at the Thirty - 
Eighth Annual. Meeting of the American Medical 
Association, June, 1887. 
Reprinted from the Journal of the American Medical 
Association, September 3, 1887. 
CHICAGO: 
Printed at the Office of the Association. 
1887. THE BURTON CASE. 
On the morning of October 6, 1885, the quiet town 
of Newport, R. I., was startled by the report that 
Benjamin J. Burton, an industrious and inoffensive 
colored man, had committed suicide by shooting 
himself in the head and in the heart. The act was 
supposed to have been committed just after finishing 
his breakfast. The body was discovered lying on 
its back on the floor near the table where he had 
been eating. The body was stretched out-the head 
somewhat bent over to the right, the hands natural, 
the right open, the left not so much so; the legs were 
slightly separated. The revolver was about a foot 
from the body, the barrel pointed towards it. The 
mouth contained food slightly protruding from it. 
Upon the floor was a teacup tipped over on its side. 
The Medical Examiner, the Coroner and the City 
Marshal were soon on the spot. The family physi- 
cian was also present, and among the first to see the 
body. The case was decided as clearly one of sui- 
cide, and no inquest was considered necessary. It 
was reported that for some time the deceased had 
been in poor health and very despondent, and his 
children testified that he had threatened on more than 
one occasion to take his own life. He dreaded ap- 
pearing in court, for which he had returned to his 
house from his office to make preparations. It was 
also stated that Mr. Burton had never fully recovered 
from a severe fall which occurred some months before 
his death. 
Considering these facts no suspicion appeared to 
exist that the deceased had been murdered until after 2 
the funeral, when rumors were circulated that a mur- 
der instead of a suicide had been committed. Fin- 
ally the community became so excited by increased 
suspicions that the authorities were obliged to order 
an inquest. The physicians seemed assured that the 
theory of suicide was satisfactorily proved, and al- 
though they deemed an examination unnecessary, the 
authorities determined to seek further light. 
At the time of his death Mr. Burton's family con- 
sisted of his daughter, Maria Dorsey, and her hus- 
band, Allen W. Dorsey, and a younger daughter, 
Emily J. Burton, a girl of 18 years. Mr. Burton was 
a widower. • His house was a comfortable frame 
building, with enough room to enable the family to 
live comfortably and separately. Upon the morning 
of his death the son-in-law was supposed to be ill in 
bed. The son-in-law was a student of medicine at 
the University of Pennsylvania, and was making the 
necessary arrangements to complete his studies. 
Soon after the account of the suicide had been 
published in the papers I expressed my opinion to 
the effect that the statements made at the examina- 
tion concerning the supposed suicide were, in my 
judgment, impossible. The following is the report 
of the autopsy as communicated to me by the Acting 
District Attorney: "The ball, which entered the 
cranium on the right side, was found imbedded in 
the posterior part of the left lobe of the cerebrum, 
and had therefore traversed the cerebrum from front 
to back and from right to left. 
"The, brain, being much softened, could not be 
dissected, and the track of the ball could not be 
followed, but it was necessarily above the base of 
the cerebrum, and could not have touched the cere- 
bellum. 
"Such an injury might have been eventually fatal, 
and although it might induce immediate loss of con- 
sciousness, would not necessarily effect that result. 
"The other ball penetrated the thorax at a point 3 
three inches to the right of the left nipple and two 
inches to the left of the median line, on a level with 
the nipple. Having opened the chest, its contents 
were taken out and examined, and it was found that 
the ball had passed through the left ventricle of the 
heart, entering near the base and emerging at the 
apex, which would probably result in instant death. 
Afterward the ball passed between the seventh and 
eighth ribs, impinging on the eighth rib in a manner 
likely to deflect it from its direct course. The rib 
was taken out, and the flesh near the point at which 
the ball passed it was assiduously and minutely ex- 
plored for an hour or more without success. As the 
ball was very small and the corpulence of the subject 
excessive, and as the finding of the ball could have 
no bearing on the object in view, it was concluded to 
be inexpedient to pursue the search further. " 
At the first examination Maria Dorsey, the wife, 
testified that the last she had seen of her father was 
on the night before October 5; that Mr. Burton called 
them all downstairs and said that he had something 
very important to say to them. He was despondent 
and said he would not be long with them; he felt 
badly about leaving the family, especially the younger 
daughter. He said he felt as if he had not long to 
live, probably not more than a few days at most. 
Mrs. Dorsey testified that she saw her father the fol- 
lowing morning just before she went into a neighbor's 
"to fit on a dress;" that afterwards she went to the 
post-office, and then went right home again and went 
into the house by the front door, and thence through 
the dining-room to the kitchen and saw her father 
lying on the floor; called her sister and then ran for 
a neighbor, and then returned. She also testified 
that when she found the dead body of her father, 
her husband and her sister were upstairs. She left 
her husband sick in bed, and he did not come down- 
stairs until after the discovery of Mr. Burton's lifeless 
body and her own return to the house. "We had 4 
not been to breakfast at the time of the shooting "- 
neither her sister nor herself were in the kitchen 
when the father came to breakfast. It was about 
9:15 when Maria Dorsey went into Mrs. Trager's. 
She was not present when her father's body was 
taken up from the floor. Mr. Burton usually ate 
his meals in the kitchen; did not know whether he 
had finished his breakfast or not at the time of the 
shooting; some one led her upstairs after she had 
seen her father's body. Her husband was studying 
to be a doctor, but had lived with her father ever 
since his marriage, 'although he paid no board either 
for himself or for his wife. Mr. Burton did not wish 
him to do so. Her father had never said a word to 
Mr. Dorsey or to herself about remaining at the 
house,and the best of feelings existed between them all. 
The younger daughter testified that her father's 
age was 59, and that he enjoyed good health until 
the previous summer, when he had a fall. He seemed 
depressed since his fall; seldom said anything about 
the house. Before that he was accustomed to talk 
freely with them. His meals were generally prepared 
for him and left upon the table for him to eat at his 
convenience. Emily testified that on the morning of 
Mr. Burton's death she had eaten her breakfast alone, 
Mr. Dorsey being sick in bed, and her sister having 
gone away on an errand. As she went to her room 
she met her sister just starting to go out; she sat in 
her room reading until startled by her sister's scream- 
ing; she then ran downstairs to the kitchen-there 
was no one there, but her father's body was on the 
floor. She testified also that she saw Mr. Dorsey 
get out of his sick-bed. She confirmed the testimony 
of her sister relating to Mr. Burton's depression of 
spirits and to Mr. Dorsey, and also stated that Mr. 
Dorsey seldom met Mr. Burton, and that she never 
knew them to converse together. Debts and illness 
were the only reasons she could assign for the suicide. 
Allen Dorsey testified that he was 25 years of age, 5 
that he had known Mr. Burton by sight for several 
years, and that he had lived with him since the 15th 
of June; also that he was a student of medicine at 
the University of Pennsylvania. That he last saw 
Mr. Burton six days prior to his death, and next saw 
him lying dead in the kitchen. The screams of his 
wife first announced to him the death of Mr. Burton. 
He was ill in bed, but arose and dressed himself, and 
rushed downstairs and gave the alarm. The reason 
he did not examine the body when he found it in the 
kitchen was his anxiety to procure medical help, if 
possible to save Mr. Burton's life. He then went up- 
stairs to his room to comfort his wife. Dorsey de- 
scribed the position of the body as follows: Right 
arm extended: a pistol near by, barrels pointed 
towards the body. From appearance of the body 
and the pistol near the hand concluded that Mr. Bur- 
ton had committed suicide. Dorsey did not know, 
he said, until afterwards, where the shots had lodged. 
Dorsey also confirmed his wife's testimony as to Mr. 
Burton's ill-health. He affirmed that he had offered 
to pay Mr. Burton board, but that it had been re- 
fused. He denied that Mr. Burton had ever spoken 
to him in reference to leaving the house. He also 
denied ever having had any trouble with Mr. Burton. 
The Medical Examiner testified that he had known 
Benj. J. Burton previous to his death; that he was 
called on the morning of October 6 to see his dead 
body. Dr. Francis had preceded him, and they 
moved the body from the floor to a table; that to- 
gether they made an examination, with the results 
already detailed. He further testified that there was 
not much appearance, if any, of the hair being burned 
by the head wound, and that the revolver used was 
so small that it might have been held near the head 
without burning. He also thought that the pistol 
must have been held very near the head for the ball 
to penetrate as it did. 
Dr. Palmer, of Providence, with the same pistol 6 
and cartridges, proved by a series of experiments 
that the calibre of the pistol was large enough and 
the cartridges powerful enough to burn the hair 
beyond any distance which Burton could have held 
it, and that the positive inference from the unburned 
hair, which I had stated in the first of the examina- 
tion, was that the head wound at least was not self- 
inflicted, and that the case was undoubtedly one of 
murder. 
But the Examiner justified his theory of suicide by 
stating that at the time of Mr. Burton's death the 
friends of the deceased were absent, and that Dor- 
sey and his wife said many things which convinced 
him that the deceased had premeditated suicide. 
This is precisely the attitude taken by the compan- 
ions of Sergt. Rinn (about to be reported), and in 
my opinion should never be allowed to influence the 
opinion of the medical officer whose duty it is to 
carefully examine, weigh the evidence, make the ex- 
amination, produce the bullets, and report. He 
considered the head wound hardly fatal, and the de- 
fense dwelt upon this question of fatality, and made 
their experts testify to the cases of extensive brain 
wounds already well known and recorded, in which 
the fatal termination had taken place only after a 
long time of comparative comfort. 
The Medical Examiner stated that there was abun- 
dant evidence to prove that a man might live for 
years with a wound as serious as the wound which 
he had described. He considered that the heart 
wound was the second one inflicted, and then made 
the remarkable statement that "the wounds could 
have been self-inflicted, but that this was more possi- 
ble than probable. " The Medical Examiner exhibited 
the ball found in the brain, and although it came from 
a 22-calibre pistol, yet it had been flattened to such 
a remarkable degree that its passage through the 
brain must have caused a very considerable degree 
of damage, tearing and lacerating that structure to a 7 
very severe extent, and accomplishing as much harm 
as a smoother, rounder piece of lead, or bullet from 
a much larger pistol. At the inquest much of the 
testimony was in contradiction of that given by the 
children of the deceased, and it was shown that any- 
thing but a happy household existed, and that Mr 
Burton was strongly opposed to his son-in-law's liv- 
ing upon his hard-earned money; and that a decided 
change had been planned by which he should be able 
to rid himself of his son-in-law and of his daughter's 
support. The testimony also showed that Mrs. Dor- 
sey's truthfulness could not be depended upon, and 
that Dorsey's conduct was certainly open to suspicion. 
The Newport Daily News of Oct. 29, 1885, gives 
the following: "Dr. W. Thornton Parker testified: 
Am a physician of Newport, have heard about the 
case,' have read the description of the wounds; had 
been an Acting Asst. Surgeon in the Army, and have 
experience in pistol-ball wounds. The very positive 
inference from the fact that the hair was not burned 
would be that the wound was not self-inflicted. 
It is barely possible that the pistol used in this 
case could have been held by the person shot. 
Should say the heart wound wals the first inflicted 
(if suicide and not murder was the cause of death). 
If the head wouud had been self-inflicted and the 
one first inflicted it would hardly have been possible 
for the heart wound to have been self-inflicted. (Dr. 
Parker produced a letter from Dr. Richardson, of 
Boston, a surgeon, to the effect that a self-inflicted 
heart wound might be followed by a head wound also 
self-inflicted, but if the head wound were self-inflicted 
loss of consciousness would follow, rendering a sec- 
ond shot impossible. Dr. Parker also read a report 
of a post-mortem examination made by him about a 
year ago, on Sergt. Rinn, U. S. A., at Ft. Union, New 
Mexico, the case being very similar in many respects 
to the one under consideration). Dr. Parker was of 
the opinion that if the head wound had been the first 8 
inflicted loss of consciousness would have followed 
at once, and the second wound could not have been 
given immediately. The heart wound was, he should 
say, necessarily and instantly fatal. The fact of 
finding food in the mouth would make the theory of 
suicide extremely improbable. Suicide at the time 
of eating would seem inconsistent. The place of 
entrance of the shots and the course of the bullets 
would add to the suspicion caused by the presence 
of food in the mouth-a suspicion so strong that 
only a remarkable exception could account for the 
theory of suicide. The point of entry of both shots 
in my view is foreign to the view of suicide. The 
wound in the head directed by a suicide would be 
more likely to be upward than downward; and the 
heart wound backward. " 
During the first examination of Dorsey I wrote 
to Dr. Richardson, of Boston, for his opinion of the 
case. My letter was very brief, and gave only a few 
reasons for my suspicions. I append Dr. Richard- 
son's answer, and also a telegram received by me 
during the examination. 
Somerset Club, Boston. 
" Dear Doctor:- .... I think with you 
that the theory of suicide is very improbable. It is 
possible I think for a man to shoot himself through 
the heart and retain consciousness long enough to 
make the second attempt, but it seems very improb- 
able indeed. If the brain is first injured I believe 
unconsciousness must ensue and last for quite an 
interval of time, after which of course the second shot 
may be fired. This seems to me quite possible and 
I have no doubt it has been done by desperate pa- 
tients. I can recall cases in which numerous shots 
have been fired into different parts of the body, but 
do not know of any case where the brain has been 
perforated first. The man may have used two pistols 
firing them at the same instant; but this has of 9 
course occurred to you. I think the matter of burnt 
hair and clothing very important, as well as the part 
of the brain injured: if the medulla or its neighbor- 
hood was lacerated, it would render the firing of a 
second shot impossible of course. If the theory of 
suicide is to be established it seems to me it must be 
taken for granted either that the man used two pis- 
tols or that he fired the heart shot first, or that' he 
fired the second shot sometime after the first which 
in that case was the head shot. ....... 
Very sincerely yours, 
M. H. Richardson. 
"October 21, 1885." 
The theory of Dr. Richardson that a self-inflicted 
heart wound might be followed by a head wound also 
self-inflicted is correct in a very limited number of 
heart wounds, and under exceptional circumstances, 
but in the heart wound of Burton, complete perfora- 
tion of left ventricle, this theory would not apply; so 
that looking at the matter from either standpoint the 
case clearly is one of murder and not suicide. So too 
with the soldier whose post-mortem examination I 
have recorded without-remarks. As assistant I per- 
formed the autopsy, but my Surgeon decided the 
case to be merely suicide, while to my mind the facts 
very clearly suggest murder. The two severe bead 
wounds occurring so closely together, and the shots 
occurring so nearly together prove to my satisfaction 
that Sergt. R. was shot first in the heart and after 
falling was then shot by his murderer twice in the 
head. The room was then arranged to suggest sui- 
cide, and the mirror was a superfluous addition to the 
preparations described. The following is the record 
of the autopsy referred to in first examination: 
' Record of Post Mortem Examination by Dr. W. 
T. Parker, 1F. A. R.,' U. S. Army, Ft. Union, New 
Mexico. From Kansas City, (Mo.) Medical Index, 
Aug., 1884. Time of post-mortem 11.30 a.m., April 10 
20, 1884, 5/^ hours after discovery of the body, atid 
presumably about six hours after death. 
" General appearances. Body of a man about 29 
years of age, well nourished, healthy appearance. 
Mouth partly opened from which some blood had 
been flowing. Eyelids partly open, particularly right 
one. Rigor mortis commencing. Upon the head, 
in the right parietal region, three inches above right 
ear, are two bullet wounds, one above the other and 
about an inch apart. The hair around the wound is 
somewhat burnt, bloody and blackened with powder, 
indicating close contact with the weapon used. On 
the thorax two inches in a straight lihe to the right 
of the left nipple is a third bullet wound. The under 
surface of the body is deeply stained (stasis). An 
incision extending from the right ear upwards across 
the head dividing the muscles of the scalp discovers 
two bullets, flattened to a remarkable extent-and 
imbedded in the soft parts. Parts surrounding the 
wounds on the head slightly swolleh and infiltrated 
with blood. The skull is neither broken nor indented. 
"Examination of the Thorax. Pericardium distend- 
ed with semi coagulated blood. The heart weighs 10 
ounces. A'large bullet wound is found completely 
penetrating the left ventricle obliquely backwards. 
The left lung presents strong pleuritic adhesions. At 
its roots is found the third bullet, slightly scratched 
by contact with the rib in its passage to the heart. 
Right lung normal. Other viscera not examined. 
"Remarks.-The deceased was first seen about 6 
o'clock A.M., Sunday, April 20, lying on the floor face 
downwards. Near by was a hand mirror not broken j 
supposed to have be used by the deceased in the 
suicidal act. A pistol of the British bull-dog pattern, 
containing three shells, was found close by his left 
hand. About an ounce of blood was found tinder 
his mouth which had escaped from the lung. His 
white shirt was blackened in the vicinity of the chest- 
wound and somewhat stained with blood. Two 11 
blood-stains from wound in head extended across the 
face from right angle of mouth. The body was 
slightly warm when found. Rigor mortis rapidly 
extending. No papers were found on the body. In 
the pockets of the deceased were a few nickels, a 
handkerchief and twelve pistol cartridges which cor- 
respond with those in the pistol which had been fired 
into the body. The body was fully dressed and the 
doors of the room unlocked." 
The case was reported as one of suicide-I am 
not willing to affirm that it was not a case of murder. 
It was certainly a very suspicious case and should 
have received a very rigid examination. 
To aid me in the difficulties of my position as 
medical expert for the State, and to bring together 
the opinions of medical men of great experience and 
of high professional standing, I prepared the follow- 
ing circular and mailed it to many who would be ex- 
pected to take interest in the medico-legal questions 
involved : 
Dear Doctor -I desire to call your attention to the following 
facts, and to ask your reply to the questions, at your earliest 
convenience. 
A middle-aged man enjoying good health and owning a com- 
fortable home is found on the floor of his kitchen-dead. 
He is supposed to have been in the act of eating his breakfast, 
food is found in and protruding from his mouth, so that at the 
moment of receiving the fatal shot he was sitting quietly alone at 
■his own table ! Witnesses declare that two shots followed in rapid 
succession-first a shot, then a heavy fall, and then a second shot. 
A 22 cal. pistol is found on the floor not far from the deceased, 
presumably placed there by the murderer to carry out the theory 
of suicide! Upon examination it is discovered that one bullet, 
probably the first, entered the cranium in the right parietal re- 
gion, passing through the skull and contents and " was found 
embedded in the posterior part of the left lobe of the cerebrum 
and had therefore traversed the cerebrum from front to back 
and from right to left. " The physicians who first examined the 
body found no evidence of the hair about the wound having 
been singed to any extent whatever. 
The second shot "penetrated the thorax at a point three 
inches to the right of the left nipple, and two inches to the left 
of the median line, the ball Was found to have passed through 12 
the left ventricle of the heart, entering at the base and emerging 
at the apex." The clothing where the bullet perforated it, is 
burnt, and shows unmistakable evidence of close contact with 
the pistol when it was fired! 
Assuming that this report is correct, is the theory of suicide 
compatible with the facts ? 
It is not claimed that the brain wound was necessarily fatal, 
but would not a bullet wound penetrating the skull and travers- 
ing the brain cause an amount of unconsciousness, or at least 
confusion of ideas, for sixty or even one hundred seconds, suf- 
ficiently profound to prevent the suicide from immediately re- 
cocking the pistol, and discharging it into his heart ? 
If immediately following the first shot, the man fell heavily 
to the floor, and immediately after that the second shot was 
heard, does such evidence not prove mztrder instead of suicide ? 
Could it be possible for a man to shoot himself in the head in 
the manner described, and then after falling, immediately to suc- 
cessfully recock, and aim the pistol, and discharge it within two 
minutes from the reception of the perforating wound of the 
skull and brain ? 
Does not the fall clearly prove temporary loss of conscious- 
ness ? 
Considering the facts as stated, is not this very clearly and be- 
yond doubt a case of murder I 
Nery respectfully yours, 
W. Thornton Parker, M.D. 
The following are some of the more important 
answers received. Some replies of value I am not 
permitted to publish. 
Surgeon-General F. M. Gunnell, U. S. N., writes: 
Your circular letter has been read with interest by 
the Medical Officers here, who concur in the views 
formulated by one of them, which I enclose. The 
views of this officer are as follows: 
x. The pistol is not found in the hands of the de- 
ceased, but on the floor "not far from the deceased." 
2. One bullet-probably the first-" no evidence of 
the hair about the wound having been singed," etc. 
The pistol shot was fired from a short distance and 
not in close proximity. The track of the wound is 
"from front to back and from right to left." Now 
prolong this track in an imaginary line, consider not 
in close proximity to singe the hair and hold a pistol 13 
in the right hand and note the position of hand, 
wrist, elbow, and shoulder-joint and the position of 
the pistol in the line stated. 3. The fall occurs 
immediately-there is loss of consciousness and 
power of coordinating movements and this removes 
the probability of the wound in the thorax being first 
inflicted. The position of the body when found is 
not given. Was he found on either side or on back? 
for there was a wound. 
" Penetrated the thorax at a point three inches to 
the right of the left nipple and two inches to the left 
of the median line, the ball having passed through the 
left ventricle entering at the base and emerging at the 
apex? Prolong the track of this wound, place the 
deceased in a prone position and again place the right 
arm in the position of firing the pistol and note the 
close proximity of the muzzle to the clothing. 
From the facts, it is not possible that the wound 
of the heart was the first inflicted. A wound of such 
character does not permit the element of time taken 
by the fall, added to the cocking and firing and mo- 
tion necessary to bring the arm in position to inflict 
the wound of skull and brain. Suicide is not compat- 
ible with the facts as stated. The fall was from uncon- 
sciousness, and it is not possible that there was time 
for recovery in any degree to recock the pistol, and 
correlate the movements necessary to inflict the sec- 
ond wound in thorax and heart. The track of the wound 
in the heart precludes any supposition that the move- 
ments of recocking, aiming, firing and the positions 
necessary to inflict such would could have occurred 
after the wound of skull and brain. From the facts 
as stated the opinion is that the case was murder. 
Dr. Thomas G. Morton, of Philadelphia, wrote: 
"I presume this is the same case in which I gave a 
written opinion some months since. " He did not 
consider the theory of suicide compatible with the 
facts, and in answering all the questions sustained 
the theory of murder. 14 
Dr. Bigelow, of Boston, wrote: I think the evi- 
dence leans so far towards homicide, that the onus 
lies with those who believe in the suicide theory to 
prove it. 
Dr. Simon Baruch, of New York, wrote: Con- 
sidering the facts as stated, this is very clearly and 
beyond doubt a case of murder, but there is better 
proof in the direction taken by the second bullet (if 
that is correctly stated). It is utterly impossible for 
a man to so apply the point of the pistol to his chest 
as to send a bullet from the barrel towards the apex 
of the heart. And it is highly probable that such a 
wound was inflicted by some one standing or kneel- 
ing behind the victim's left shoulder. . . . The 
theory of suicide is absurd. It may be claimed that 
by the use of both hands a pistol may be so applied 
to the chest as to send a ball in the direction claimed, 
but even this view would be rendered untenable by 
actual trial; the adjustment of the pistol would re- 
quire great precision and steadiness of hand and con- 
siderable time for its execution. 
The last statement of Dr. Baruch is important 
when we consider the facts connected with what 
seems to be the murder instead of suicide of Sergt. 
Rinn, U. S. Army. 
Among those sending positive answers in favor of 
the murder theory were: Dr. Dolan, of the British 
Provincial Medical Journal; Dr. Proctor Thayer, of 
Cleveland, O.; Dr. A. B. Lyman, Baltimore, Md.; 
Dr. T. D. Crothers, Hartford, Conn.; Dr. Chas. B. 
Parker, Cleveland, O.; Prof. F. W. Draper and Dr. 
M. H. Richardson, Boston, Mass.; Prof. T. G. Mor- 
ton, Philadelphia; Dr. Hunter McGuire, Richmond, 
Va.; Prof. W. L. Davis, Chicago, HL; Prof. Chas. 
B. Nancrede and Dr. John H. Packard, Philadel- 
phia; Dr. Henry I. Raymond, U. S. Army; and a 
few other well known surgeons whose names cannot 
be made public, some connected with the U. S. 
Army, and some resident in New York City. 15 
Dr. John H. Packard, of Philadelphia, besides sus- 
taining the theory of murder, in answering the ques- 
tions of the circular letter wrote as follows: In re- 
gard to the case stated in your circular received to- 
day, I think the existence of two such wounds is 
conclusive against the idea of suicide. The order of 
the wounds is not so clear. The murderer may have 
fired the first shot from some distance and then ad- 
vanced and fired again, holding the pistol close to 
the front of the chest, in which case the victim would 
probably have been lying on his back when found. 
Or, firing first very close, he may have fired again 
at the victim's head as he was going away. Either 
of the wounds would, I think, have prevented the 
self-infliction of the other. 
Dr. D. Hayes Agnew, of Philadelphia, wrote: If 
you will read my letter over carefully you will dis- 
cover I use no such language as you credit me with 
saying. I have never said that the case was one of 
suicide or of murder, for of that I do not know. I 
have said, and say again, that if the conviction of 
the prisoner is based entirely on the fact that a man 
cannot shoot himself in the head and in the heart, 
or vice versa, with his own hand, he will be unjustly 
convicted. More than this I cannot say until I 
have heard both sides of the question. What little 
has been communicated to me differs in several re- 
spects from the statements which you have furnished. 
My informants may be in error, or there may be 
points which have been withheld from yourself. 
Many surgeons and physicians in replying stated 
that suicide was possible but not probable; but many 
more refused to send any reply. One well known 
editor wrote: I invariably dodge expert questions, 
knowing that "things are not always what they seem." 
In this case they seem very much like a brutal mur- 
der, but further deponent sayeth not. 
With one or two exceptions only, no letters sus- 
taining the suicide theory were received. 16 
The following medical gentlemen appeared for 
the State, and sustained me in every theory advanced 
in the circular letter already referred to: Prof. F. 
W. Draper, Boston; Prof. M. H. Richardson, Bos- 
ton; Dr. McClellan, Philadelphia; and Dr. Palmer, 
of Providence. Prof. H. R. Storer also sustained 
throughout the theory of murder, and aided me 
greatly in the work by encouragement and advice, 
but declined to appear as expert. It was greatly 
regretted that the services of Dr. Fish, of Amherst, 
Mass., could not have been secured for the State. 
The objectors must admit that the pistol found, 
or some other pistol, must have been the means of 
expelling the fatal bullets. Therefore, when the pis- 
tol was fired, either by the murderer or the suicide, 
it must have had a position somewhere. Then place 
the pistol where it could send a bullet, without the 
explosion from the powder burning, singeing or 
staining the skin, and through the skull bones and 
brain. Could a thick-set, clumsy man, unfamiliar 
with fire-arms, hold a pistol and fire it in any such 
position against himself as a suicide must have held 
it? Certainly he could not. Then consider the 
other shot, first or second, as one may choose; this 
entered the left ventricle and passed through the 
heart, emerging at the apex. Could such a man as 
already described hold the pistol to do this? 
The writer is familiar with most of the cases brought 
forward by the defence to prove how tolerant the 
brain is of severe injury, notably "the case of the 
iron bar,"-as it has been termed, and which is so 
well known to the students of the Harvard school, 
and to most of those who will read this paper. As 
stated in my circular, "It is not claimed that the 
brain wound was necessarily fatal, but would not a 
bullet wound penetrating the skull and traversing 
the brain cause an amount of unconsciousness, or at 
least confusion of ideas, for sixty or even one hun- 
dred seconds, sufficiently profound to prevent the 17 
suicide from immediately recocking the pistol and 
discharging it into his heart?" This a large number 
of prominent surgeons have answered in the affirm- 
ative. 
The question of the ability of a 22-calibre car- 
tridge, when exploded, to burn hair, is settled in the 
affirmative by the very careful and complete experi- 
ments of Dr. Palmer, of Providence, who used the 
same cartridges as found in the revolver, and the 
identical revolver supposed to have been used in the 
murder. In every experiment he proved beyond a 
doubt that it was absolutely impossible for Burton 
to have held the pistol and inflicted the wounds 
without at the same time burning the hair and stain- 
ing the surrounding tissue. This fact alone must 
have proved beyond doubt the theory of murder as 
the only one tenable in view of these conditions, as 
conclusively testified to by the medical examiner 
and other competent medical witnesses. This ab- 
sence of burned hair or staining was one of the first 
facts obtained by me in determining that it was a 
case of murder. 
The records of the Surgeon-General's office and 
the experience of surgeons prove beyond a doubt 
that the usual result of a severe penetrating bullet- 
wound of the head is a certain amount of immediate 
unconsciousness, evidenced usually by a fall. The 
remarkable exceptions are not to be used as evidence 
to support the theory of suicide. As Prof. Bigelow 
has stated, the burden of proof rests with the advo- 
cates of the suicide theory. It is for them to prove 
suicide. The State should not be put on trial to de- 
fend a position so reasonable, but the defense must 
prove that the reception of a penetrating bullet- 
wound of the skull and contents is not necessarily 
followed by unconsciousness. The overwhelming 
evidence of the past fifty years of surgical history 
demonstrates to the unbiased observer that Mr. Bur- 
ton could not have inflicted upon himself the wounds 18 
which destroyed his life. Such evidence cannot be 
gainsaid or resisted, and how it can be answered dif- 
ferently it is hard for me to understand. 
In the case of Sergt. Rinn two shots were fired at 
the head, entering the scalp within two inches of each 
other. Is it probable that a suicide would select two 
places so near together? The bullets which struck 
Sergt. Rinn's head were large and came from a pow- 
erful British bull-dog pistol. These bullets must have 
struck the head with terrific violence, since when dis- 
covered by the knife at the post-mortem they were 
found to be flattened to a remarkable extent. Is it 
reasonable to suppose that after two such staggering 
blows this man could shoot himself in the heart? 
Was not the placing of the hand mirror a mere sub- 
terfuge to suggest suicide and hide the murderer? 
It was claimed by the defense that suicides very 
commonly select the head as a target for the suicidal 
shot. However much truth there may be in this 
statement, it must be equally true that when such a 
wound is inflicted powder stains or burning must 
necessarily follow; but the main objection to the ar- 
gument in connection with the Burton case is, that 
immediately after accomplishing this penetrating pis- 
tol-ball wound of the brain the supposed suicide was 
able to accurately place, hold in position and dis- 
charge for the second time the pistol sending the ball 
into the heart. This is, in all human reason, an im- 
possibility, and not one case can be brought forward 
to illustrate this extraordinary theory. The defense 
asks us to believe too much, forgetting that the bur- 
den of proof rests with them and not with the State. 
But when within a few moments of the murder it 
was discovered by at least one competent surgeon 
that no burning of the hair or staining of the flesh 
had taken place, and at the same time, if a case of 
suicide, the pistol was obtainable for inspection, then 
the suspicion of murder should have increased to such 
an extent as to lead to the immediate decision of a 19 
premeditated homicide, and should have demanded 
immediate action by the police authorities. 
The question of the amount of time after the re- 
ceipt of a wound in the brain, before unconscious- 
ness would ensue, has provoked very much discussion. 
It seems to me that in ninety-nine cases in a hundred 
there is more or less immediate shock, varying all the 
way from slight bewilderment and loss of reasoning 
to absolute loss of sense. This is one of the most 
important questions connected with the case, and 
the plea of "possibility" is the plea only of possible 
exception, which in point of fact only proves the rule. 
Considering the facts as stated, is not this very 
clearly and beyond doubt theoretically a case of mur- 
der I Practically it terminated as follows : Maria Dor- 
sey, the elder daughter, completely broke down upon 
the evening following the expert testimony for the 
State. To a friend she said that the testimony of 
the five medical experts was more than she could 
endure, and so gave up a full confession. The 
senior counsel abandoned the case, the jury soon 
brought in a verdict of guilty for both Maria and her 
husband, Allen W. Dorsey, and they were promptly 
sentenced to State's Prison for life, the extreme pen- 
alty in Rhode Island. To complete the case, Dor- 
sey himself confessed his awful crime, and so the 
famous case ended.