DICINE NATIONAl LIBRARY OF MEDICINE N A T I O N A I I I B R A R Y O F M E D I C I N E I J*\/ s OI1VN 3NIDI03W JO A * V « a I 1 IVNOIIVN 3NIDIQ3W JO ASVItll IVNOUVN \^y \ \^j >UVN JNO.03W JO AlViail TVNOI1VN 3 N I 3 I Q 3 V* J O A » V « a I 1 1 V N O U V N »0 UVN INIJIfl^* -0»,|„, IVNOUVN J N I 3 , 0 3 W J O A » V . . < 1 T V N O U V N »l,l z C.NI NATIONAL II BRARY OF MEDICINE N A T I O N A I l.l B R A R Y O F M E D I C I N E M" NAl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY ?M /j I3W JO ABViall IVNOUVN 3NI3IQ3W JO A «V II8 I 1 IVNOUVN 3NI3IQ3W JO A » V H 1 i * 5. * ^" 1 J NAl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY % ':iw jo Anvaan ivnouvn 3n i 3iq 3w jo a av aa i i ivnouvn iNOiaiw jo abv « V 1 NAl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY 8C\ ]!W JO AIVIII1 IVNOUVN 3NI3I03W JO AIYDIl IVNOUVN 3NI3IQ3W JO A II V 1 3W JO ABVIiail IVNOUVN 3NIDI03W JO A * V D a I 1 IVNOUVN ] N I 3 I 0 3 W JO A B V II r :V , .•*! , , V <' t' J§F?£Jar ' h . '. /^v^,^'-'-' /'l// £.■<* <*< / *~ ^ 1, ,5 ~C/t f* A ' < > ' f r<.. fife > -. -"-r *■ v . ^ ✓».■ .-^/r* ✓? / /.-> ■ ,v.< /. . S^ * . ' .- ■• «^ ■'' **' /.■.,. vfAi-t -t ' ♦*"" - , /^ ^* V /J/ J /• 7 ^ A /t.i.y,«'. < tf < .-.-■■- -V -'- <-A-r ■*- > /;.cV ; . '*o*>~*> *'"' At/ ^;/ t';, i. '✓/< — «<■'- ✓ % ...^ ... t \ v » • - - ^_ *"» ** 73 the exposure has lasted but a short time the fol- -loAving are the 316. Symptoms—general uneasiness Avith nau- sea and vomiting—respiration irregular—pulse agitated—skin cold—general convulsions mus- cles of the face and chest particularly affected— when long exposed to the gas, all poAver of mo- tion and sensation lost—frothy saliva tinged Avith blood floAvs from the mouth -lips and face livid— eyes shut and devoid of brilliancy—pupil fixed and ('Hated—pulse small and frequent—respira- tion short and deficient and apparently convul- sive—action of the heart disordered and Aiolent —extremities relaxed—afterwards convulsions. 317. Appearances on dissection in one case -blood contained in the various cavities black and fluid —posterior part of the lungs gorged Avith black blood—the viscera exhaled the smell of putrid fish—several of the persons present at the dis- section subsequently affected Avith lassitude and ,^ stupor, sleepiness, violent colic, &c. - .■ 318. All the acid gases—chlorine—nitrous acid gas- muriatic and sulphurous acid gases—ammonia- v' cal gas belong to the class of deleterious gases— arsenuretted hydrogen also of the same class. -"i. + Drowning. -* 319. When people are found dead in the water three questions may arise. 1. Whether they ^* were drowned by accident or design 1 c2, Whe- •-■. 74 ther by their OAvn act or the criminal interfer- ence of others 1 3. Whether they Avere alive or already dead when submersed? Between the two latter cases Ave have to discriminate— the fact to be ascertained by examining the bo- dy-attention to be directed to tAvo objects—the discovery of the usual marks of death dy drown- ing and of indications to shew its having been caused by some other way—Erroneous opinions on this subject noticed. 320. Practice of hanging those taken out of the water by the heels and of rolling them on ^ casks, unphilosophical and dangerous. 321. Appearances to be expected in those Avho %*s? have been droAvned. Externally, even after a ^"/^ - short submersion—coldness, general paleness, Ju. /Zomc***^, deeper hue than natural about the face—eyes ^^*2^Vstarmg--frotny appearance about the mouth and f£*£ii*n^nostrils—tongue pushed forward. On dissection *f*m*Jf*yifthe appearances of the sanguiferous system the j^Vif^'wysame as mentioned under suffocation—conges- ^*^SSrtion °f the biood about the right side of the ^^j-^v^'heart and neighbouring vessels -congestion in the MU5&. /&* ^head—perhaps extravasations and lividity of the lungs—on cutting into the lungs a small quantity of i/jttr jtbirj^water very frothy, and probably coloured Avith £«fe » A# blood to be expected—this, hoAvever, not uniform J^^^ae s£c —rationale and remarks—when Avater is found 4(s*4l4*c+* ;n |arge quantity it must generally have passed <^r 60^^^ -n a|ter death, the epiglottis permitting a small 75 quantity only to pass during life—presence of frothy mucus strong evidence that the deceased Avas droAvned—its absence, however, not conclu-^ sive that he Avas dead prior to submersion—If \ water be found in the stomach it is generally ac- I cidental and may enter during the individual's ♦, struggles—sometimes met with and sometimes t not—some experiments on this subject related. ^ 322. Remarks on the buoyancy of human bo- *c dies—a person throAvn into Avater Avill first sink, but after gas has been evolved from putrefaction in the cavities of the body, he Avill rise to the surface—the custom of fixing weights to those consigned to the deep, to prevent their subse- quent rising, not for making them sink in the first instance. 323. If a body be found in the water it may be of importance to ascertain how long it has lain there—no method by Avhich this can be accurate- ly done. Important to recollect that the animal body, by lying under water, becomes converted into adipocire—running Avater produces this con- version more rapidly—generally from four to six weeks required to effect this. Experiments on this subject related—cases related—remarks. 324. Generally no great difficulty in deciding whether a person has been submersed alive or thrown in after death—except Avhen he had been a long time macerated—remarks. 325. Fluid state of the blood not an important K 76 appearance in deciding whether the individual has been droAvned—being met Avith in those killed by lightning, by certain poisons, &c. 326. Dirt, sand, fyc. found under the nails or any substance found in the hand, likely to have been laid hold of in the Avater, an inducement to believe that the person died under water. 327. If killed and thrown in after death, wounds, bruises, &c. may be discovered—these Avith the Avant of appearances characteristic of death by droAvning, enable us to give a proper opinion. Bear in mind, however, that serious injury may be sustained by falling against hard and sharp bodies—case related. 328. If a person have been first poisoned and then thrown into the water marks of poisoning Avill be perceptible. If previously strangled certain marks ay ill be observable. 329, Means of discrimination between the event of a person having been forced into the water by others, and that of having throivn himself in not so certain. Some situations Avhere there can be no clue to the truth except the evidence of Avit- nesses—as Avhen a person is suddenly throAvn from a ship or boat. In other cases incidental circumstances clear up the matter—as the mark of footsteps, &c. about the margin of the Avater— the history of the individual—substances found grasped in the hands, &c. Cases related—re- marks. 77 330. A very short time under water sufficient to extinguish life—remarks on this subject—some extraordinary and incredible stories of long exis- tence under Avater related. Of Hanging. 331. Seldom an act of Homicide, generally of Suicide—remarks. 332. Appearances induced by hanging—disco- loration and impressions upon the neck by the \\ cord—lividity of the upper part of the body- distortion of countenance—sAvelling and projec- tion of the eyes, Avhich are sometimes suffused Avith blood—tongue sometimes injured by the jaAvs and thrust out of the mouth—the latter hoAveArer dependant upon circumstances—carti- lages of the larynx sometimes fractured—luxation of the vertebra? of the neck, occurring chiefly in heavy persons or those who have fallen from a height or Avhere the Aveight of the body has been increased to hasten death—fa?ces, semen and urine often expelled—remarks. 333. Proximate cause of death, pressure on the brain—this confirmed by the sensation of those who have been half hung—remarks. 334. Q. Was the person suspended whilst alive, or had he been first previously killed in some other Avay and then placed in this situation to prevent suspicion? Remarks—where a body is found suspended and none of the signs of death by £&<94&y 0**r*mr &*&*& 0*^r SZk 78 hanging discoverable, the presumption Avill be that the person Avas not alive Avhen hung—poison to be suspected Avhere there are no marks of ex- ternal violence—if there be wounds or bruises, perplexity may arise as Avounds have been in- flicted, Avhilstt he person Avas actually suspended, by his own hands. Cases related -Avounds may also be accidental—it has been suggested that a person, by violently SAvinging himself off, may break the rope and Avound himself by falling up- on articles of furniture, yet aftenvards hang him- self again—remarks—the perplexity most likely to arise is in cases of homicide Avhere the per- son is first strangled and then hung—if there are iavo circles round the neck one loAver and more discolored than the other, Avith marks of death by suffocation, such ought perhaps to be the con- clusion —remarks. 335. Was the person, forcibly killed or did he hang himself?—except in certain cases very dif- ficult to hang a man against his ay ill, unless the situation be such that no interruption is likely to take place, or the assailants A*ery numerous— in such cases, the means of discrimination must be, in addition to the state of the parts, the ex- ternal circumstances—the character,* &c. of the deceased—place in which the body was found— attendant marks of robbery, &c__signs, or the absence of signs, of scuffle and resistance—if in the open air the state of the ground, and if in 79 an apartment the state of the furniture, Avhether in confusion—remarks—state of the hands and dress of the deceased may indicate the fact of resistance. 336. People have been accidentally hung gene- rally through imprudence—cases and remarks. 337. Attempts, made to prevent the death of crim- inals by opening the trachea, &c. in Avhich no pro- fessional man of character Avould choose to be concerned—remarks—cases of imperfect exe cution related. 338. Cases of hanging related. Of Strangling. 339. Difference between this and hanging—the former*consisting in the subject's not being sus- pended—a more common mode of committing murder, -much force used in tightening the cord, hence the mark very distinct. 340. Appearances—the external aspect of the bo- dy not differing much, if at all, from that of a hung subject—mark of the ligature generally forming a horizontal circle of discoloration round the neck —if the mark be not at the upper part of the neck, it is unquestionably a case of strangling. If the cord have been fixed after death the mark will be of the same colour as the rest of the body, though here and there a discoloration may ap- pear—still the difference is striking—dislocation so of the vertebra? not to be expected, but there may be fracture of their processes and probably injury to the cartilages of the larynx. 341. The same questions to be investigated here as in cases of hanging—1. Was the decea- sed really strangled ? or 2. Was the rope fas- tened round his neck after death ?—remarks— cases related. 342. Strangulation may be performed by the hand—the only difference here being that in- stead of a circle round the neck as in case of lig- ature, the discoloration Avill be partial—the brui- ses Avill be of an indistinct form or the marks of fingers may be traced—cases related. 343. On dissection of those avIio haAre died of manual strangulation the usual appearances of this kind of death may not seem so conclusive as in other cases—the person having made con- tinued resistance and the functions of respira- tion and circulation going on in some degree for a longer period than Avhere at once interrupted, as in droAvning, hanging, &c- cases and remarks. 344. Strangulation scarcely ever an accidental event—a case of this kind, however, related. Of Smothering. 345. Except in children a rare occurrence, a- mong these, hoAvever, not only a common acci- dent but often perpetrated upon them as a crime —possible for an adult, in a state of intoxication 81 or great debility, to get into such a position as to prevent the passage of air to the lungs—not likely hoAvever to be resorted to in adults Avith a criminal intent—remarks—often happens from overlaying children as it is termed—manner in Avhich "overlaying" may occur—cases related. 346. Children have been smothered by being folded up in a sort of turn-up bedstead used by the poorer classes—all these cases accidental. 347. A mode of suicide by swallowing the tongue noticed by authors as occurring amongst ne- groes—remarks. 348. Suffocation by tumours or adventitious pressure on the larynx by extraneous bodies. 349. Inflammatory sore throat and hard sub- stances in the oesophagus have proAred fatal in this manner. 350. Where the thorax is so pressed npon that the muscles of respiration cannot perform their office, a modification of smothering—cases and remarks. 351. In inspecting the bodies of those who haw been suffocated, the practitioner must examine Avhether there existed any disease in or about the organs of respiration—He may be asked, 1. Are there no diseases Avhich might produce ap pearances similar to those in the present instance? 2. Did you not discover any morbid appearances in those parts ? 3. Did you search for any ? 4. Might not some have existed capable of produc 82 ing these appearances that escaped your observa- tion?—concluding remarks. 352. Treatment of Suffocation in general—the patient to be conveyed into a Avarm room and if possible immersed in a warm bath—bloodletting to be carefully employed—friction with salt or warm flannels—stimulating fluids in a dilute state to be poured into the stomach by means of a tube -attempts to be made to inflate the lungs- apparatus for this purpose described—Oxygen gas - Galvanism -Electricity -Bronchotomy, &c. as means cf resuscitation referred to—remarks. Of Wounds and Bruises. 353. Remarks—-by far the most common means of violent and accidental death. 354. Wounds, incised—punctured—lacerated- contused and gun-shot. 355. A bruise or contusion—may or may not be attended Avith more severe injury as frac- ture, &c. 356. Wounds and bruises more or less impor- tant, according to the parts in Avhich they are situated—a tolerably accurate idea to be formed of the danger of these from the first—remarks. 357. Wounds, which would be of no impor- tance to some, rendered fatal to others by a di- versity of circumstances, internal as well as ex- traneous. 83 358. We cannot always estimate from appear- ances during life the extent of injury sustained, and must therefore guard agaist erroneous prog- nosis—the practitioner to rely on the circu in- stances of the case before him—remarks and cases. 359. After wounds, fyc. have healed up death sometimes takes place unexpectedly. 360. Remarks on the law of holding a person inflicting violence upon another, responsible for the consequences during a year and a day—a ve- ry unsatisfactory enactment—the intent hoav looked at—cases and remarks. 361. Duties of the practitioner in cases of in- jury by wounds, bruises, &c.—It will be ex- pected that he should declare in what part of the body they may be seated—if about the head, over what bone—if about the abdomen, in what region, and if the investigation has been made post mortem through Avhat organs they had passed, viscera, vessels, nerves, &c. describe the ex- tent of injury and if necessarily fatal—deranged habits, unnatural structure of parts, &c. to be noted -Where a long period has elapsed be- tAveen the receipt of the Avound and the death of the person, caution requisite in giving a decisive opinion—necessary for an acquaintance with physiology, pathology, &c. Information to be given of the length, breadth, depth, figure, di- rection, &c. of a Avound—whether incised, punc- K 84 tured or lacerated, &c. and if possible Avith Avhat sort of a weapon inflicted—The surgeon to take care not to confound his OAvn incisions post mortem Avith the original Avound—cases related. 362. When the ossa triquetra are large, an ill- informed individual might describe them as frac- tures—generally metAvithin the lambdoidal su- ture—blunders related—remarks. Pre serve the parts as much as possible in situ. 363. The most perplexing cases are those Avhere the effects of injuries are not immediately fatal: or rather aa here a fatal termination is laid to the account of injuries inflicted a considerable time before : or where the effects of these are com- plicated Avith subsequent disease. Another diffi- cult case—where persons in habits of intempe- rance engage in braAvls, receive injuries and, af- ter an uncertain period, die. The question ari- ses Avhether the drunkenness or the bloAvs caused the loss of life—remarks on opinions on this sub- ject—cases related. 364. When a dead body is found with wounds or contusions the questions are—1. Were they inflicted during life ? 2. Were they the cause of death ? and if so, Avhether they are to be charged to the account of suicide or of homi- cide? 365. In discriminating Avhether a wound has been inflicted during life or after death, the pre- sence or absence of inflammatory signs Avill be 85 sufficient where life has not been suddenly taken aAvay. If wounds pierce the cavities of the bo- dy, Ave must look for internal hemorrhage and in all cases of death from these injuries there must be marks of the loss of blood—on the con- trary, if the death have ensued from some other cause and the person be subsequently Avounded, the Avant of hemorrhage internally and of signs of it externally Avill be evident—Uncertainty has arisen in the case of contusions from an alleged similarity in the appearance of discolorations pro- duced before and those Avhich occur after death— Hence a distinction has been made into Ecchy- mosis and sugillations. 366. Ecchymosis occurs in the living body only— is a soft, dark coloured swelling, produced by the effusion of blood into the cellular substance from rupture of small vessels. 367. Sigllation also an effusion of blood, but arises from intrinsic causes—as from incipient putrefaction—common in dead bodies—remarks —sugillations occur chiefly in depending parts of the body Avhere pressure has taken place in the latter stages of disease—remarks. Wounds, fyc. of the Head. 368. Remarks. 369. Wounds of the scalp---mere incised Avounds not necessarily serious—the same may be said of bruises—remarks—the scalp may be 86 injured in various Avays—remarks. In estimating the danger of such injuries, or the probability of their having caused a person's death, several con- siderations to be taken into account, as the nature of the injury—the state of the person's health and constitution—the degree of attention and skill that have been professionally paid, foe- remarks. 370. Wounds where the cranium is involved— remarks—on fissure and fracture—a. simple frac- ture not necessarily an event of great importance —remarks. Fractures of the skull, generally, hoAvever, folloAved by a severe train of symp- toms, and frequently by death—are sometimes at a distance from the part Avhich receives the iiijiiry . The question, Avhether a fracture .1 as occurred before the patient's death, scmet es difficult to decide—if it have taken place imme- diately before, coagulated blood will be found upon the bone and in the fissures—if he kad survived for sometime, there will be marks of inflammation, and perhaps pus in contact Avith the skull, but if the fracture have been produced in making the examination, the blood in the frac- ture Avill not be coagulated nor will there be ef- fusions round the portions. 371. Wounds of parts within the cranium— remarks on fractures as likely to injure the brain or its membranes. Injuries to the brain may consist in pressure or in wounds—pressure 87 occasioned by depression of the skull, by ex- traneous bodies, by extravasated blood, effusions of serum, formation of pus, tumours in its various parts, &c.—remarks In complicated cases of Avounds, the degree of Ariolence inflicted, the part in which they are received, the immediate symptoms, &c. will enable us to give our prog- nosis --where death ensues, the extent of lesion discovered Avill sheAv hoAv far the event has been dependent on the injury. If effusion of blood be found between the dura mater and skull and a bruise o*' the scalp corresponds to the part, Ave may conclude that it has been caused by the bloAv—violent blows sometimes received upoiL. the head, Avithout causing any apparent wound or or leaving any visible marks'of injury—cases re- lated. 372. Concussion of the brain, a frequent atten- dant on great injury to the head—deserving of great attention- remarks—may be produced by a fall from a height upon the feet or breech- cases related—remarks. 373. Most important that the practitioner should be acquainted with the history of such events, especially as death is frequently induced at dis- tant periods from that of the infliction of vio- lence, and when the real cause might be over- looked—cases related. 374. Remarks—the trephine never to be ap- plied except for the removal of existing symp- toms. $8 375. Certain injuries done to the face belong to this division of Avounds and bruises—mortal wounds have been inflicted through the face on the contents of the cranium - cases related. 376. Wounds, fyc. of the neck.....of the carotid arteries, internal jugular veins, spinal marrow, and generally of the (esophagus necessarily fatal. As- sassination in this manner irequent, and still more so suicide, mere division of the trachea not necessarily fatal—remarks—cases related. 377. Dislocation of the neck may be the effect of accident and is not rare—has been done thro' criminal design. 378. wounds piercing the vertebra or passing betAveen them are fatal—remarks. 379. wounds, 8?c. of the thorax—remarks— Avounds penetrating the cavity, even without in- juring any of the contents may give rise to seri- ous consequences remarks. Fracture of a rib, though often a simple case, sometimes attended by severe symptoms—the fractured parts being driven in upon the lungs, emphysema, &c. 380. An injury of the thorax extending to the lungs, heart, bloodvessels, thoracic duct, cesophag'js, nerves, &c. ahvays of the most serious nature, and some necessarily fatal. 381. wounds of the great vessels necessarily mortal—as well as those of the heart— exceptions so unusual as scarcely to be worth mention. 382. wounds of the pericardium not necessari- 89 ly fatal—the same may be said of wounds of the lungs—remarks—also of the thoracic duct—re- marks—of the oesophagus must be of the greatest consequence—cases related—concluding obser- vations. 383. wounds, fyc. of the abdomen- -remarks— wounds of the abdominal viscera pregnant Avith the greatest danger— remarks and cases. The solid viscera liable to laceration Avhere no Avound has been inflicted in the parietes of the abdomen —cases related—perplexity may arise, when there is question of previous disease, in cases of injury—cases related. 384. Blows on the body without wounds, hacve frequently caused death—cases related—where a bloAv given in the region of the stomach causes instant death Avithout any signs of the mode be- ing visible, death considered to have been produced by the sudden shock of respiration through the intimate connection of the 8th pair of nerves. 385. Large vessels of the abdomen often rup- tured by external violence-, cases and remarks. 386. Wounds of the pelvic viscera-of the blad- der, not necessarily fatal, as is evidenced by the success of the operation for lithotomy—ahvays dangerous, hoAvever, as Avell as those of the ute- rus—if this organ be impregnated the danger is of course increased. Wounds of the testicles very dangerous as Avell as those of the penis- 90 may prove fatal from hemorrhage—the removal of the parts of generation in the male has been resorted to as a means of suicide as well as hom- icide-cases related. 387. wounds of the extremities— remarks—com- pound fractures always dangerous, as well as fracture in or near the articulations- Avounds of tendons tedious, &c. of nerves sometimes followed by alarming symptoms -of arteries and veins not dangerous if timely assistance be afforded, other- wise they produce death —of the articulations al- Avays to be dreaded remarks in conclusion. 388. Gun-shot wounds have some peculiarities —their occurrence rare in ordinary life—differ- ent from wounds made by cutting instruments- remarks—our obsenations restricted to the smaller kinds of shot, as musket or pistol balls, slugs, small shot, stones, hard peas, &c. especial- ly the first, Avhich Avill exemplify the others. Danger to be estimated from the circumstances regulating that from Avounds, bruises, &c. and as regards the part of the body in Avhich the wound may have been inflicted, the constitution of the patient, &c. &c. 389. Laws regarding murder and maiming—of Virginia—NeAV York -Connecticut—NeAv Jer- sey— NeAv Hampshire—Massachusetts- Rhode- Island—Pennsylvania—Vermont, Delaware, &c. 91 Of Suicide. 390. Remarks—chiefly with the physical cir- cumstances that Ave have to do in such cases. 391. Some of the species of violent death not the probable means to be resorted to by a suicide— e. g. Avilful exposure to noxious vapours—re- marks—simplicity of means, readiness of access to them and certainty as to the result, conside- rations Avhich decide the individual who lays vi- olent hands upon himself—some exceptions to this—remarks. 392. The question will be in the great majority of cases betAveen homicide and suicide. 393. With regard to poisons concurrent cir- cumstances must be taken into account, as the mental state of the deceased, &c. previous to death. Where poison has been spontaneously swallowed, remains of the matter made use of more likely to be found—remarks—cases referred to—if on opening a body pieces of solid arsenic be found in the stomach the presumption is that the person swalloAved them of his own free Avill —remarks. 394. Circumstances under which persons have been occasionally found drowned have indicated the death to have been voluntary—some have been suffocated in water so shallow as to cover no more than the face-if a person be taken out of water tied hand and foot, there can be little j. 92 doubt that he Avas forced into that situation—ex- ceptions referred to—remarks. 395. In the majority of cases Avhere persons have been privately hanged it has been in the way of suicide—this last conclusion will be en- couraged if there be no marks of previous resis- tance, nor disorder among surrounding objects— if the situation be public—if, near the body, the means be found by Avhich the deceased might have reached the place to Avhich the cord is fastened—if the body touch more or less the ground and there be no manifestations of any other means of death there can be little doubt as to self-murder—remarks and cases. 396. Strangidation can hardly be considered a mode of taking aAvay life Avithin the power of the individual himself—cases, hoAvever, related —nor can a man manually smother himself, and if the case of choking by doubling back the tongue be admitted, it cannot, except in infants, be imagined to be done by another person—if fore gn bodies be found in the trachea or oeso- phagus it is probable that disease or accident has placed them there. 397. Few wounds which one person can inflict upon another that may not be accomplished by an individual on himself—remarks and excep- tions. 398. Fire-arms and cutting instruments applied to the throat the most common mechanical means * •' 93 . ^vbf suicide- remarks and cases—discoloration of • v J the fingers from the combustion of the poAvder £ ^j [in the pan, a mark of self-shooting—remarks. ^ v. 399. Cases of suicide related—remarks. > \ Prolicide. 400. Admits of two divisions, foeticide or crim- inal abortion and infanticide or the destruction of the neAv born infant. ^ Foeticide or criminal abortion. ^Jj 401. Abortion or miscarriage the separation of J the immature foetus from the Avomb of the mo- jj ther—pregnant women very liable to it—foeti- \cide is also often criminally attempted—for J whatever end resorted to highly criminal— . knoAvn only practically here aa here there has been illegitimate intercourse. 402. Law of England on this subject -remarks, letted^ 403. Increment of the embryo—at the end of'4***.** ^^ the seventh month capable of being reared— ^ '*?**?*** consideration of abortion cannot therefore be^^^^-^ carried beyond the 7th month—a general fact that under the 5th month, no foetus can be born alive—from the 5th to the 7th it may, but can- | J not in general maintain existence—these termed | J in French non viable or immature—these born '< between the 7th and 9th month, which may be 6> 94 reared called premature—a child carried to the full period is mature—exceptions mentioned— remarks. 404. Observations on quickening—instead of marking the period at which the foetus becomes endowed with humanity, is but the sign of the groAvth of the body to a certain pitch, and of its possessing greater strength—commonly occurs • about the end of the 4th month, Avhen the uterus i rises out of the cavity of the pelvis—remarks. / 405. Phenomena of abortion—occurs natu- rally most frequently between the commence- ment of the 2d and end of the 3d month -re- marks on Emmenagogues, &c—abortion generally ' injurious to health—abortives highly dangerous to the mother - cannot act on the uterus except - through the general system -frequent instances of death from their administration- remarks— * causes of abortion numerous- sometimes consti- tutional—remarks. The exciting causes may " exist in the mother or foetus-in the former may • be reckoned acute diseases—mental emotions- severe exercise, i dancing, riding over rough - roads, falls—ardent spirits, strong purgatives, bloAvs on the abdomen, coughing, retching, &c. &c—all these may occur Avithout any culpabi- -• lity. 406. In procuring abortion the female may be ' either an accomplice or seduced into acquies- cence under false pretences-or unconscious of ' - •■ •■■■» * ■•. » ii - „^< tk. * *:*•. ^ - ^^V.*Y-, l n + ^ ^ .- ^ 95 the attempt made upon her—remarks in favor of the mother—before quickening she may not be- lieve herself to be pregnant—may be deceived to take medicines in the persuasion that she la- bors under a natural disorder—remarks—certain articles generally given for producing abortion, as savine, colocynth, Src.—remarks. 407. Appearance of the ovum at the usual pe- T^^m^JL ~#% riod of natural abortion—moles—sometimes occur ^ |^.^X in females Avho never had any carnal commerc^^j' &x^£/ —give rise to symptoms resembling those of 4^» sjfc*7*> pregnancy and Avhen throAvn off have the asp-* ***£** ^^^ pearance of miscarriage. *?s/ "* \/* 408. The longer abortion is delayed the more.^ fTtsm ^^/7^ difficult of concealment Avill it be and the nearer f^y^,/' * allied to labor will be the symptoms. &> srs* 409. Some substances taken to procure abortion are absolute poisons and others luwe acted as such from the largeness of the dose. The fact of having administered certain drugs to women with child may be the only article of accusation against a prisoner—the intent being deducible from the reputed powers of the substance ad- ministered—by the law of some countries the offence rendered more heinous, according to the period of pregnancy at which the attempt is made. 410. The duty of the medical Jurist in a case of abortion, first to ascertain the reality of the event, and secondly, whether it has been caused 96 by natural means or by improper interference. If abortion be going on, the Avoman Avill be in a state of suffering, but as it is possible it may take place without exciting much uneasiness, her ac- tual situation must be inquired into. Signs—a bloody discharge from the vagina—this to be ex- amined, as the ovum may be contained in the coagula which are often passed—the vagina is relaxed and dilated—the labia enlarged and soft—the os uteri open : if there be pains they will come on in paroxysms. If pregnancy have been considerably advanced, there Avill be a sud- den disappearance of previous abdominal en- largement—signs of milk in the breast—flaccid- ity and Avrinkling of the surface of the abdo- men, &c. &c. If abortion have taken place some time before, it can onry be proved b}~ circum- stantial evidence, as of pregnancy having pre- viously existed—actual examination of no use after the lapse of a fortnight, the parts having returned to their usual state---the greater the developement of the foetus of course the greater the displacement of the parts of the mo- ther and the longer the time required for their return to their ordinary condition—the difference between examination at the time of abortion and afterAvards is, that during abortion Ave may come to absolute certainty by finding the ovum and in the latter Ave must rely on the traces alone—if the woman be dead, more information 97 to be obtained by dissection as mentioned under Pregnancy. 411. In discriminating accidental from criminal abortion we must be guided in some degree by circumstances—as Avhether the pregnancy was legitimate—by the fact of concealment—or on the contrary if there Avas complaint and resort to medical aid when abortion commenced—re- marks. 412. Means used as abortives classed into two kinds—those Avhich act through the system of the mother and those applied at once to the uterus— the former consisting chiefly of medicinal sub- stances—the latter of mechanical—rationale of the action of abortives, so called, as previously ex- plained of Emmenagogues—the parent has gener- ally suffered much from the shock and sometimes died—the intent in the administration might be only to favor the return of the menstrual dis- charge, doubt existing on the part of the fe male as to impregnation—this is a distinction, however, which it is difficult to establish—we must bear in mind that an ignorant woman may be deceived by crafty persons to assist in the ne- farious attempt. 413. The practitioner should be aware of the drugs usually administered as abortives—re- marks. 414. The savinc affirmed, when given in suffi- cient quantity, to produce hemorrhage from the 98 uterus and separation of the ovum—these local effects resulting from a dangerous attack on the general system cases referred to. 415. The Colocynth in its effects is said to re- semble the Savine 416. Preparations of turpentine, emetics and purgatives in general, bleeding, ergot of rye, mer- cury, diuretics, and emmenagogues in general, &c. when largely used, resorted to for the same pur- pose—remarks. 417. Experience having shewn that accidental in- juries and violent exertions have often produced miscarriage, the Avoman has been exposed to accidents and subjected to violent treatment- cases related. 418. Mechanical irritation applied to the ute- rus the most successful means of procuring a- bortion—this is done Avith or Avithout instruments —cases related. 419. The practitioner fully warranted, on eve- ry consideration, in cases of such deformity of the pelvis as cannot alloAv the passage of the head of a full groAvn foetus, in inducing premature de- livery, as the great chance of saving the lives of the mother and child. 420. Remarks in conclusion. Infanticide. 421. Regards the destruction of the child after it has been born and attained such a degree of 99 developement as to be able to maintain its exis- tence under ordinary circumstances—remarks— although many cases of unfounded accusation occur, the crime is of frequent occurrence—re- marks—frequently the result of insanity, though this is rarely alloAved—remarks. 422. Concealment of birth a frequent occurrence •* //$*✓ * #" —in such cases Ave ought to surmise the Avorst—j&fm '**■* ^ very possible, hoAvever, that a female may be V$v delivered in solitude, and 3d conceal an iUegi-^^^. ^ timate and dead child Avithout any criminal in- ble of living Avhen separated from it—no chilcr born after the termination of the 7th month should Aveigh less than five pounds avoirdupois or be less than fifteen inches in length—less tha^i these dimensions mere exceptions to the gene- ral rule—remarks. In the immature foetus, skin very red—redness most conspicuous in the palms £ t-ys*.? yjfc« &*Aii40k*'44m^+^ ff^c &* A^V^S» ?** left side of the heart Avithout passing thrcuglr^'^^'5**^ the lungs. **7i&mSa++*? 431. Before distension by air in respiration ^~e\£yzr * lungs collapsed and dense, receiving no more^a^*^^ blood than Avhat is necessary for their nutriment—^ <*W/*^ they consequently furnish evidence Avhether the rfS&^*'**"**A,*a' child Avas born alive or not—Avhere respiration ^^k*^, . has not taken place they Avill be of a dark c°-^^x^fL. lour like liver—do not fill the cavities of the r>2L /Ws thorax—sink in Avater—on cutting into them no^^^^ air is emitted—no hemorrhage folloAvs—the fora- *e^*£a*^ #> men ovale in such a case open- the ductus arte-^p£'a!**^f riosus pervious and containing blood—diaphragm, ^^m. 102 more arched—the canalis venosus like the duc- tus arteriosus, and blood in the umbilical vein- urinary bladder generally containing urine, and meconium in the intestines—discolorations re- sembling sugillations, &c. ./^a*-^**^" 0&r*~ • 432. If the child has been born alive these or- gans have undergone important changes—the co- lor of the lungs is changed to a florid red and they fill the thorax and cover the pericardium— they are light and spongy and float on Avater— on cutting into them the escape of the air in the air-cells causes a crepitus and a blocdy fluid ex- udes—there is a closure or an approach to clo- sure in the foramen ovale—the canalis arteriosus is empty as Avell as the canalis venosus—the pulmonary vessels are enlarged—the diaphragm is less convex—the urinary bladder probably emptA', the intestines more or less freed from meconium—not much stress to be laid on ecchy- mosis. 433. There is ?io difference, according to Bi- ch at between the arterial and venous blood of the foetus—there must therefore be a difference be- tAveen the blood of a child that has died in the womb and one ay Inch has respired—this con- sidered by Dr. Beck as a criterion by which to determine Avhether it Avas possessed of life after birth—remarks—net very available in practice —remarks. 103 Of the Docimasia pulmonaris or proof to be drawn from the Lungs. 434. Of the hydrostatic test—founded on the difference in specific gravity betAveen lungs that have respired and those that have not been dis- tended Avith air—remarks—the failure of this test generally referrible to Avant of ability or of inclination to undertake the experiment as it ought to be performed. 435. Principal objections that have been brought against drawing conclusions from the sinking or swimming of lungs in the water or against the Hydrostatic test as'follows. It has been alleged, 1. That the infant may respire before it is born, and yet not come into the world alive— in which case there will be dilatation and buoyancy of the lungs—- Children recorded not only to have breathed but #^*fr A*^* to have cried in utero—cases related—remarks— JJ5 Jk/~esi_ should a child respire in utero a charge of con-/$-^/v^A, cealed birth,and of infanticide seems by that event itffcffo*aii to be guarded against—after the head has passed TfAkijtydu, the os uteri more reason to think that respiration-^^****^ may be attempted and partially performed be- ^£*-fe^w' fore the child is born and even Avhilstthe head*^fT^<4L*~. is within the external parts—remarks. To plead ^^ mm*? in defence of an allegation of infanticide, that ^Z^y^^g the child died after its head was born can hardly / *•*/ \ be conceived; a Avoman accused of the crime not likely to venture to draw so nice a distinc- 104 tion, besides it is an occurrence but barely pos- sible-remarks. 2. Though a child be still-born, air may be arti- ficially conveyed into the lungs— No doubt that air might be introduced in this manner, as in the case of a Avoman delivered privately of a still- born bastard, who may do all in her power to resuscitate the infant by blowing air through the mouth or nostrils—or it may be performed thro' malice on the part of another person—the diffi- culty is in knowing its origin —difficult for a avo- man to effect it under the circumstances mention ed--remarks--Avhen air has been so conveyed au- thors have mentioned a flatness of the chest, ab- sence of crepitation and hemorrhage in cutting into the lungs, the lungs very partially disten- ded and it has been remarked that all the air may be squeezed out again and the lungs restored to % ^ .their original density when they ay ill sink in , water, whilst no pressure Avill cause those Avhich have respired to sink to the bottom of a vessel of Avater—distention of the lungs after death can never increase their absolute weight Avhich re- » Aspiration must necessarily do. 3. The lungs may be rendered specifically light- er than water by the evolution of air in the course „*. of the putrefactive process—In such a case the child must have been sometime dead, either in the uterus or a sufficient time since its birth may have elapsed to alloAv of putrefaction be- 105 fore examination—should such emphysema take place the lungs Avould be rendered specifically lighter—cases and experiments related. In putrid lungs the septic process is from Avithout inwards, the air evolved lying in bubbles under the in- vesting membrane—in this state if the lungs be squeezed hard, the bubbles Avill escape and the lungs become heavier than Avater. The lungs, hoAvever, resist putrefaction longer than any oth- er part of the body excepting the bones—re- marks. 4. The lungs of children born alive, after com- plete respiration, sometimes sink in water—this can only be Avhere there is disease—which is rare in neAvborn children—remarks---experi- ment not conclusive or complete until the lungs have been cut to pieces and tried in that manner —remarks. 5. In sound lungs one will sometimes sink whilst the other will float—\n this state there can be but partial inflation of one, the other remaining col- lapsed—remarks—the air enters the right lung sooner than the left—rationale—respiration not completely performed on the first effort but is a process gradually advancing to perfection, and more or less protracted, according to the degree of vigour of Avhich the infant is possessed. Life may be maintained under a very imperfect state of respiration-cases related—in this point of vieAV the practice of trying the lungs by por- tions enforced. 106 6. Children may be born alive and exist a while without respiring at all—many children, born in a state of asphyxia, subsequently recover, hence it has been alleged that if even the inflation and buoyancy of the lungs should be admitted as proof that the child Avas born alive, their being collapsed and sinking in Avater is no proof that the infant Avas still-born—remarks. 436. The Hydrostatic test is only one link in the chain of evidence—the conclusion to be draAvn from a concurrence of many facts—Avhen unable to come to any conclusion it Avill be our duty to confess it—remarks—it is however our main test and Avith due precaution may be de- pended upon. 437. Ploucquefs, or the Static test—remarks— founded on the absolute weight of the lungs be- ing increased—rationale—after respiration the Avhole of the blood passing through the lungs, they are filled Avith blood, their vessels enlarged and they are increased in absolute weight—re- marks. 438. Ploucquet asserts from experiments that the aa eight of the lungs of a full groAvn foetus, Avhich never respired Avas, to that of its Avhole body, as 1 to 70. Whilst in others after respira- tion had been established, it Avas as 1 to 35 or doubled—remarks. 439. Ploncquefs experiments too /^—subse- quent experiments from their discrepancy exhi- 107 bited the difficulty of establishing any standard- remarks—important that the practitioner should examine it for himself—remarks. 440. To judge impartially of this test, we must be satisfied that the child has performed the function of respiration, Avith ordinary vigour, for a certain time or that it Avas born quite dead— that it Avas above the 7th month—first weighing the Avhole body and then separating the lungs carefully and Aveighing them alone—remarks. 441. Objections, with PloucqueVs answers— 1. Whether a constant ratio of the Aveight of the lungs to that of the Avhole body can be obtained? Ans. That a mathematical ratio may be establish- ed on the result of numerous experiments, from Avhich a mean may be obtained—and with the ex- ception of monsters,aberrations do not so frequent- ly occur in new-born children as in adults—re- marks. 2. The difficulty of establishing the ex- periment in children, Avho do not in point of weight, ansAver the usual description of full grown infants. Ans. From numerous experi- ments a scale of proportions might be made— the lungs are less liable to variation in point of size, Aveight, &c. than the rest of the body—ac- curate and numerous experiments would enable a conclusion to be deduced from weighing them alone—Thus, the ordinary medium Aveight of the lungs of a mature foetus that never breathed, be- ing two ounces, should the lungs weigh twice a's L 108 much Ave may declare that respiration has takes place. 3. If the child died of hemorrhage, loss of blood would alter the ratio. A. The lungs Avould still bear a greater proportionate Aveight—remarks— the loss of urine and meconium to be noted in our estimate of the Aveight of the body. 4. Dropsy of the body or of the lungs them- selves, and putridity may destroy the ratio. A. AlloAving the occurrence of such cases, they must be classed amongst those that cannot be cleared up by physiological proofs. 5. Nodes, scirrhus and mucus congested in the lungs will augment their u<'ght. A. These are discoverable and they form cases to Avhich the test is not to be considered applicable. 6. The lungs of a non-respiring foetus might become equal in Aveight to that of a foetus Avhich has breathed, by a congestion of blood ; so that, if inflated, by SAvimming in Avater, it might not differ much from one that has respired. A. The existence of the foramen ovale and ductus arte- riosus in a foetus that has never respired must prevent a congestion of blood in the lungs, by the easy means they offer of escape—cases re- lated—remarks. 442. After all, experience alone can enable us to appreciate the truth of Ploucquet's opinions. 443. Daniel's test: As the process of respira- tion increases the circumference of the thorax 109 and alters its shape and capacity, Dr. Daniel concluded, that a scale of admeasurement might be effected—this Avould be someAvhat unsatisfac- tory however—the aspect of the thoracic cavity, notAvithstanding, not to be neglected—but it can only be esteemed a corroborative proof—remarks. 444. Daniels appendix to the test of Ploucquet consists, in adding to the calculation of the in- crease of the aveight of the lungs, a similar pro- cess Avith regard to their bulk—after weighing these organs, they are to be placed in Avater whilst still in the balance, and by means of a graduated scale, attached to the inner surface of the vessel, the quantity of fluid they displace is to be noted—an experiment easily performed and a proper adjunct to the others—remarks. 445. Lastly, the only real objections to the test of Ploucquet are the want of a fixed proportion betAveen the absolute weight of the lungs and that of the Avhole body and the inference that, if there be such proportion, it is different from that laid down by Ploucquet. 44G. Experiments of Chaussier, Sciimitt, Leclerc, Dupuytren, Beck, &c.—remarks. 447. Of the means of destroying the new bom infant—remarks—in the strict view of the sub- ject, if a female should wilfully incur the danger of solitary confinement, criminality ought to be laid to her charge, though there be no ground for insinuating that any positive injury was in- t 110 tended or inflicted on a child found dead under such circumstances- remarks. 448. Infanticide by omission. 1. After the head is born if not removed the child may perish by smothering, the mouth being turned toAvards the bed, or by being droAvned in the discharge of blood folloAving its expulsion—a portion of the membranes may be over the face—the mouth and nostrils may be choked up by sordes, &c__ the umbilical cord may pass round the neck and cause strangulation, &c. 2. Death may take place from the umbilical cord not being tied— remarks -a ligature ought in all cases to be applied—it must not Iioaa ever be concluded from the mere circumstance of no li- gature being found, that the child has died pre- cisely from that cause. In such a case, hoAvev- er, should there be no other cause of death dis- coverable and the whole circulating system be devoid of blood, the right side of the heart and veins being usually found to contain it after death, Ave cannot but conclude that the infant has died in this way, from hemorrhage—on the other hand if blood be found in those vessels and cavi- ties some other cause of death must be sought for. 3. An infant may perish from neglect in not keeping it properly warm. Signs of having per- ished in this manner—remarks—an infant can scarely be supposed to die of cold except in an exposed situation. Ill 4. It may perish from ivant of nutriment—a case, hoAvever, not likely to occur—remarks. 449. Infanticide by commission—new-born in- fants liable-to every species of violent death that can be inflicted upon older persons—remarks- some modifications of injurious interference to Avhich the foetus is exposed that cannot be prac- tised upon others, e. g. it may be killed 1. By premature ligature of the umbilical cord—^ the original source of vital support being in some cases cut off, before the neAv one has been established—not, however, a common case. 2. Suffocation is not unlikely to be resorted to— the mere application of the hand to the face will be sufficient to destroy life—if done after the child has been permitted to breathe, Ave shall find congestion in the pulmonary vessels, right side of the heart, &c. Children often smothered by being placed under bedding, hay or chaff, mud, earth, sand, &c. when we may probably detect some particles in the mouth or nostrils-have been suffocated also by exposure to noxious inhalation- as the fumes of burning- sulphur and been choked by doubling back the tongue-may be killed by droAvning, hanging and strangling in the modes already mentioned —have also often perished in privies. 3. A method has sometimes been resorted to of thrusting a long and fine wire through the fonta- nels, fyc. or into the spinal marrow and heart— 7%y* 4A**US -A^rfJ*- e~~*y &*~£ZF *^<*^E^r rf*^y &&4~ 6*'£cJ ;^k-^y^ ACT £c* dk*~&m~4L*/t» &4**^*e+**. *Z*«ym<^> ^ *^r '?*—**? -^-4^^>&»^^^e. £tS&*~**Si-a S&2- i&y^* &*r3? aic^£- S ^ ■■:- \________________________:__________ 112 cases related—careful examination ay ill detect this—fractures of the skull or luxations of the cervical vertebra? Avill be evidence of infanti- cide. 450. Practical application—a careful account to be taken of the adventitious circumstances and appearances about the child, especially if in an exposed situation, and of every appearance as dis- covered —better to haA^e tAvo medical gentlemen Avhere practicable, the one Avriting, aa hilst the other dissects—the nature of the situation, state of the body as to blood or filth to be noted—re- marks—let the foetus be washed—the head shav- ed—the Avhole body Aveighed, measured, &c.— note Avhether it be sound or putrefied, and in Avhat parts—Avhether there be appearance of its having died in utero—the surface of the body to be attentively examined to detect any ecchy- moses or wounds—ascertain Avhether the cervical vertebra? have been luxated—if any external in- dications of this nature, the parts beneath to be carefully examined—note Avhether sugillation be present—remarks—take care not to cause any effusion of blood—the state of the umbilical cord to be examined—the spine to be laid open and inspected to find Avhether there be any wound, laceration or effusion of blood about the spinal marrow. Mode of inspecting the cavities of the mouth, pharynx, oesophagus, thorax, abdomen, &c, described—the position of the tongue to be 113 observed, and the contents of the mouth, if any, to be recorded—in the kuwnx, the existence of fluid, or the contrary, to be noted—a general vieAY to be taken of the cavities of the thorax and abdomen—see Avhether the diaphragm be more arched or not—hoAv much of the thorax is occu- pied by the lungs, their colour—general appear- ance of the liver also to be noticed—the urinary bladder as regards its state of distention or emp- tiness, &c. &c. the presence of fluids in, and of inflamation, &c. of the abdominal contents—the thorax the most important object of our research- es—ascertain Avhether there be any adhesions— take out the lungs, separating them from the trachea, as Ioav as convenient, preserving the heart and tying the aorta and vena caAra—the lungs to be sponged clean if required, and their consistence, colour, &c. noted as Avell as if any part be morbid or putrefied—they are then to be carefully weighed. When put in Avater it must be remarked Avhether they sink or swim, Avheth- er one portion sinks Avhilst others sAvim, &c— place a ligature on the pulmonary vessels, sep- arate the heart, keeping it for further inspection —Aveigh the lungs alone and place them again in water, &c. noting the appearances—Daniel's ap- pendix to Ploucquet's test maybe then tried- simplification of the experiment recommended— separate the right lung from the left and try them in Avater separately—any difference in 1U their buoyancy to be noted—any variation from the natural formation of the lungs to be noticed. Note Avhether there be a crepitating noise or appearance of hemorrahage when the lungs are cut into. Each lung being cut in pieces is to be tried An Avater and any difference with regard to buoyancy to be carefully noted—then to be pressed as forcibly as possible in the hand or in a toAvel and again tried in water. The heart must then be inspected. The ductus arteriosus laid open and notice taken Avhether it contains blood or is empty—the auricles and ventricles must be examined and congestion there will ex- cite suspicion of death byr suffocation—the state of the foramen ovale must be noted. 451. Recapitulation—If'the diaphragm be very convex upAvards, the lungs of a dark red colour not filling the cavity of the thorax, not covering the pericardium, of a firm consistence, if they sink in water, emit no sound when cut into, and effuse no blood—when along with these circum- stances, blood is discovered in the ductus arteri- osus and the foramen ovale is open, the conclu- sion must be that respiration has never been per- formed. On the other hand, if the lungs fill the cavity of the chest, are of a light red colour, elastic to the touch, swim high in water, make a crepitating noise, and pour out florid blood on being cut into, there is strong evidence that breathing has taken place, and if the absolute 115 weight of the lungs be increased, the evidence will be very strong—remarks. 452. If it be discovered that breathing has been performed the investigation must be pursued to discover the cause of death, as in grown up indi- viduals under suspicious circumstances. The contents of the stomach to be attended to—for the purpose of discovering whether death has occurred from submersion, poison, &c.—in laying open the intestinal canal the presence or absence of the meconium to be ahvays noted—remarks— the state of the urinary bladder, as to fulness or emptiness, to be also taken into account amongst the concurrent evidence. In opening the head we may discover the cause of death, if by frac- ture, puncture, &c.—attention to be given to morbid appearances, &c.—remarks on the mode cf inspecting the Brain, &c. 453. Considerations in favour of the accused. 454. Unexpected and rapid labour by no means an unfrequent occurrence—remarks—cases of this nature related. The skull may be fractured by a fall from a height, under such circumstances. Hence the possibility of death to the child Avith- out any criminality on the part of the mother - by a fall from a height, the skull may be fractured, the umbilical cord ruptured, &c—remarks—im- possible to decide by an examination of the mo- ther whether delivery has been rapid or not. 455. A woman may undergo protracted labour o 116 in solitude, and the child may perish—in such ca- ses may be observed as the mere result of such labor, discolorations especially about the head, Avhich must not be confounded with voluntary injury : Skull stated to have been iractured by violence of labour—doubtful—other Avays in which the death of a child may be occasioned by protracted labours—of monstrosities, malfor- mations,—breech cases, &c. &c. 456. By some conceived warrantable to destroy defective or monstrous infants, whose continued existence would be impossible, or their death desirable—idea unwarrantable—remarks. 457. Possible for a woman to endeavour to re- suscitate her still-born child by breathing into the lungs—such a discovery will discourage the idea of criminality. 458. Importance attached to the fact of the mo- ther having, or not having made preparations for the care of her offspring—remarks—cases re- lated—such preparations, hoAvever, might be made by criminals, ayIio Avere aAvare of the im- portance attached to it Avithout any intention of using them, but this not probable—remarks- cases related-other favorable circumstances—the not attempting to secrete the proofs of delivery if easy of execution-the Avoman having been care- ful of herself during pregnancy, aixf not having taken improper drugs. 459. Of supposed accomplices-remarks-the 117 only point capable of being ascertained by me- dico-legal inquiry is Avhether violence has been inflicted during the life of the infant, or not. 460. Lastly, the practitioner may be called upon to prove Avhether the accused has really borne a child—see Pregnancy. 461. Laivs on the question of Prolicide—of Vir- ginia— NeAv York--Massachusetts—Vermont- Connecticut— NeAv Jersey—New Hampshire^- Pennsylvania—Rhode Island— Delaware, &c. Questions from injuries done to the person not leading to the extinction of life. Of Maiming or mutilation—see wounds, Sec. Of Surgical operations. 462. Remarks—unnecessarily operating might be a ground of civil action, but the proofs diffi- cult—remarks. 463. Where through neglect or mismanagement on the part of the surgeon, perpetual disabilities &c. arise, the surgeon liable-cases of this nature related. 464. Some surgical, and obstetrical errors enu- merated—cases related. Of Corporeal Punishment. 465. Justiciary interference here but rarely call- ed for—remarks. 118 466. A husband is countenanced by the law in chastising his wife, Avhen done upon sufficient grounds and in a certain manner—remarks. 467. Necessary chastisement of a child by a parent countenanced, provided neither life nor limb is endangered by it—if so, the parent ame- nable—remarks. The same maybe said of mas- ters Avith regard to apprentices and pupils-re- marks. The like applies also to master and slave —in the administration of correction the master must be guided by his discretion, but should the slave die from brutal usage the master to be held ansAverable. 468. Of magistratorial floggh g—regulations regarding military flogging in the British ser- vice—remarks—a medical officer present to in- spect the state of the culprit previous to the in- fliction of a single lash and during the progress of the flogg.ng. Should any circumstance arise Avhich may render it hazardous to put the sen- tence in execution, or, after it has commenced, to complete it, he is to interfere. 469. The duty of the attending surgeon is, to be aware of the state of the culprit's health, in order that he may prevent the punishment should it be likely to endanger life—caution, hoAvever, required as he may be involved in an unplea- sant responsibility—During the punishment he must watch the countenance of the individual for signs of syncope or others of an unusual na- 119 ture—not an uncommon circumstance for the culprit to pretend that he is unable to bear the punishment, to obtain the surgeon's interference —necessary for the medical officer to guard a-** gainst imposition—Avhilst the man calls out and shrinks, no reason to interfere—generally where every ether appearance of syncope is assumed, the eye and pulsation Avill detect the imposture —feAv men exhausted under the common amount of punishment—remarks—but little danger of the surgeon's mistaking if attentive—must bear in mind that if the prisoner be able to bear the Avhole punishment he has no business to stop the course of justice—remarks. 470. The wounds, in every instance, to be care- fully attended to—the antiphlogistic treatment in the first instance and simple dressings being gen- erally all that is required—cases related. Stuprum, or Rape. 471. Remarks—signifies the carnal knoAvledge of a woman against her will—if she be under the age of ten, hoAvever, her giving consent does not obviate the criminality of the deed—the crime equally atrocious Avhether committed on a virgin or married woman, or one of ill fame- remarks—A male under the age of puberty in- capable of committing this crime—remarks. 472. If the complainant be of proper age her OAvn testimony may be sufficient for justice—a 120 married Avoman may swear that the prisoner lay Avith her forcibly after the manner of her hus- band. In adult females, reputed virgins, the ev- idence must be of the clearest nature—where this depends upon the female the accused some- times escapes conviction, from inability, on her part, to make positive statements- cases related —remarks. Crime peculiarly detestable Avhen committed on a child. 473. Signs of the virgin state-often fallacious —their presence in the adult cannot ahvays be received as proofs of chastity_on the other hand, their absence cannot of itself be taken for evi- dence of incontinence. In mature unmarried females they are rarely found perfect—remarks ' -the vagina, in a healthy individual, at the age of puberty, rigid and narrow, but may become enlarged and relaxed from various innocent cau- ses, or from disorders, &c—remarks. The hy- men sometimes found unbroken even in labour, generally, however, it is ruptured by the act of venery ; but where entire, it is held evidence of virginity, and the charge of rape has fallen to the ground-cases related-remarks. Rapidity of the frcenum labiorum considered likewise as a proof of virginity, or of rare indulgence in ve- nery. State of the mamma? sometimes taken in- to the account, being generally firm in the healthy virgin ; but this is no proof as they are frequently firm in incontinent females-remarks. -*kmp**^x* yOfef^** 4W*-~^4£* JpT&rTs**-- J*^*** /*uZe-*^* /£. s/vc^fe. 121 474. In a case of alleged rape on a full grown female no fair conclusion to be draAvn from ex- amination, unless it be made immediately after the commission of the crime—the female may be agitated and Aveak and there may be local marks of A'iolence, as laceration, tumefaction, hemor- rhage, or, at least, bruises and ecchymoses about the nates and neighbouring parts- If time have elapsed, these traces may have disappeared—re- marks. 475. A common opinion amongst the lower /* • classes exists that, in a case of gonorhcea, the best f-.*^ r *$~- ^ cure is intercourse Avith an uncontaminated fe- ^. • ^^r male—hence gonorrhoea is frequently met with^f^^^^tV along with rape, especially in young children, ^^j* ^y \ and hence the practice of inspecting the accu- j* 7 4 sed—remarks—Purulent discharges do, however, * ju jt take place from other causes even in children— "v this to be borne in mind, /jcfm/^jj**,&$m ) &*&* ^^f 476. IVomen sometimes violate0 when in a state s*^? of insensibility from intoxication, syncope, Slc,.-^^**?* *~v remarks. d/*** -*^ 477. The idea that forcible coition is never fol- A/J- f*?****. lowed by pregnancy erroneous—In a state of na-^'*;*** **- tural sleep barely possible that a female can be'** **?*■ *-^ violated-remarks. ^S5^2^t 478. A ivoman may be certainly also impregna- ^jfrj» ^.^ ted Avithout consciousness of sexual contact—ca-^^a**?*^*** ses related. %ZZ^*? 479. Rapes have been charged against the fe- ^A*€* "^ male sex—cases related. = ##97^*y/ 122 • ■»■* %*» » ;'. 480. Laws in Virginia, NeAv York, Dela- ware, South Carolina, Connecticut, Massachu- setts, Illinois, Pennsylvania, Vermont, NeAV Hampshire, NeAv Jersey, Missouri, &c. 481. Differences of opinion respecting the car- nal knowledge of a female—some supposing that penetration alcne is sufficient—others that pene tration and emission are necessary—all agree that the latter Avithout the former is not suffi- cient-discrepancies related. Discordances re- garding the proofs of emission noticed—penetra- u-^_tion generally considered prime facie evidence .^fc»\^>f it—remarks. » *"?v Sodomy, - vs 4g2. Difficult of detection by inspection of parts • v« % —remarks—syphilitic affection about the anus, » * perceptible and may lead to detection—frequency of this unnatural vice in some countries—re- marcs. * * \ t%>;, 483. Laws on this subject. Disqualifications for the performance or SOCIAL OR CIVIL FUNCTIONS. — 484. Remarks. .. l\ Moral disqualifications. %V 485. Remarks. ■>• •- * Insanity. 486. Disqualifies for every civil function- - « •« *»\*»»>>Vt •vn. s.. -••» % «,-. % 123 renders an individual unfit for social liberty and not responsible for criminal acts-frequently a subject ot judicial inquiry—distinguished into three states—mania—melancholy and fatuity. Mania. 487. Denoted by ferocity in the language and deportment of a person in the habit of conduct- ing himself like other individuals. 488. Symptoms—In addition to this ferocity there is a Avildness in the expression of the eyes —insensibility or resistence to cold, to sedative and other applications-frequent neglect of food —long fasting Avithout inconvenience, &c. &c. These symptoms are continued for a longer time than they can be feigned—great Avatchful- ness—sometimes, however, there is unusual vo- racity and inclination to swallow every thing that comes in the way—generally, great incohe- rence—one idea often usurps all the facul- ties, influencing the speech and conduct, and rendering the reasoning absurd-Whatever may may be the predominant idea, theindividual will' often reason correctly from false premises-fre- quently the affection not apparent until the mor- bid notion be excited—remarks. 489. Diagnosis-ln delirium, bodily disease and a wild and incoherent jumble of ideas-in madness no perceptible bodily disease, always some predominant idea-from idiocy, mania rea- p 124 ctily distinguishable—the idiot cannot reason, the maniac reasons falsely—the idiot has no will— the madman has, but his reason being disturbed his actions are contrary to the usages of society. In appearance the delirious is flushed Avith fever or shrunk Avith emaciation and debil- ity—the maniac stares Avildly, sometimes gaily, sometimes gloomily—the idiot is pallid and often deformed, his countenance vacant, gaping, dri- velling, grinning—senses often perverted and of these the ear more particularly suffers—remarks and cases. 490. Hereditary nature of insanity fully estab- lished—remarks - may lie dormant in one gene- ration and break out in another--a disposition to the affection may exist but not break out unless through the influence of exciting causes. 491. Injuries about the head sometimes the cause of future insanity—remarks. 492. Exciting causes—mental uneasiness—use of spirituous liquors (intoxication being a vo- luntary act and itself criminal, the individual must be held responsible for all its consequen- ces) —suppression of accustomed evacuations— remarks—not unfrequently the disease occurs in the puerperal state—remarks. 493. Nymphomania or furor utcrinus a variety of mania. Melancholia. 494. Remarks—restraint here required from 125 the apprehension of danger to the individual's self, rather than to others—his mind dAvells up- on one object—if excited to conversation it is confined to his unhappy condition—remarks. 495. Generally occurs in those of the melan- cholic temperament—is characterised by gene- ral torpor and inactivity—piteous expression of countenance—can be feigned only to a certain degree—the frame resists hunger, watching and exposure as in maniacs, but seldom to so great a degree—a fixed position of the body frequently characteristic—cases related. 496. Demonomania or religious melancholy no- ticed. 497. Melancholy most likely to be confounded Avith Hypochondriasis—mania and melancholia, sometimes alternate—remarks. Fatuitas vel Idiotismus. 498. Very different from the preceding speceis— commonly congenital—sometimes induced in af- ter life—something like it in old age—very com- mon in some countries as in the Valais in Switz- erland Avhere it is called Cretinism. 499. Idiocy unfits for the management of the individual's OAvn affairs, for citizenship, &c. &c— remarks—Idiots commonly inoffensive and Avhere restraint is required it is generally to keep them from accidental danger. 500. In congenital Idiocy little danger of mis- take. 126 501. Exciting causes in the course of life—in- tense mental application—disease—mental emo- tions—organic derangement of the brain, &c. 502. Physical characteristics Avell known— certain functions capable only of being exercised in a degree—commonly, want of vigour in the muscular poAvers and incontinence of the excre- tor}r evacuations, especially of the saliva—dirti- ness of person—imperfect speech, &c. often obesity and lethargy—remarks. Inferior degrees of unsound mind. 503. Delirium—remarks—suicide and murder sometimes committed by the delirious—their conduct to be judged of like that of the furious maniac. 504. Hypochondriasis has manypoints of simi- litude to.melancholyr—its great characteristic's, that persons affected by it, are especially atten- tiv.e to the state of their own health— generally also accompanied with dyspepsia. 505. Both Hypochondriasis and Hysteria liable to degenerate into insanity. 506. Hallucinations, illusions or waking dreams —remarks—cases related—this form of diseased mind not likely to become a subject of legal in- vestigation—remarks. 507. Epilepsy apt, when long continued, to in- duce unsound mind-its effects should be, from time to time, noticed as it may become the sub- ject of examination in civil cases. 127 508. Intoxication- remarks—crimes committed under this state do not excuse from punishment —habitual drunkenness frequently occasions in- sanity—the line between intoxication and insan- ity may hence become a subject of legal discus- sion-cases related—LaAv of NeAv-York regard- ing habitual drunkards. 509. Old age—debility of mind induced by old age may render a person unfit to manage his oavii affairs, &c. 510. Remarks on the numerous cases that may occur, as to the strength of mind of individuals— every case to be judged on its OAvn merits—re- marks. 511. The medico-legal duty of a practitioner, in all cases of insanity, is to prove or disprove the reality of the existence of the disease—remarks. In furious mania but little danger of a medical man's giving a Avrong opinion—remarks—it may be feigned, but it will be found that it cannot be so long kept up as in genuine mania—the pulse has been considered a means of discrimination, being asserted to be more frequent in insanity than in health—absurdity of this opinion pointed out—insane persons sometimes uncommonly cunning, so as to frequently deceive and throAV off their guard those Avho watch them—this es- pecially the case Avith those who determine to make away Avith themselves- remarks. There are some cases Avhere insanity is very doubtful— 128 persons may be insane upon one point and capa- ble of reasoning Avell on others in these cases some previous knowledge of the patient re- quired—cases related. 512. Strange cases of mental alienation refer- red to. 513. On the question of recovery the cause or causes must be considered-Avhere hereditary predisposition exists the hopes are slender, and Avhen combined Avith epilepsy and palsy—where the cause is clear, and particularly where remo- vable, prognosis generally favorable. 514. Dissection has not afforded any useful practical information—in some cases morbid ap- pearances in the brain perceptible—in others none. 515. Probability of recovery in any case to be estimated by the violence of the symptoms- want or occurrence of remissions—the duration- age of the patient, &c. 516. Remarks on legal interference in cases of melancholy, fatuity, &c—in the case of an idiot, necessary for the practitioner to enquire, Avhe- ther the fatuity had existed from birth or had been induced by some agency, in order to esti- mate the probability of recovery, &c. 517. Legal definition of mental alienation—Idi- ot, lunatic, or non-compos mentis ~5Ln:' /y -- % ■• • / >* S *. 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