|             A REVIEW  OF THE CASE,
[     ■     '                                  i°
THE  PEOPLE  agt.  Rev.  HENRY  JUDGE,

              INDICTED FOR THE MURDER OF HIS WIFE

           PEI8CILLA  BUDGE,
    (Tried at the Oneida, New York, Circuit Court, in August and September, 1861,)
CONTAINING AN EXAMINATION OF THE MEDICO-LEGAL QUESTIONS INVOLVED IN THE
  CASE; A REVIEW OF THE POSITIONS TAKEN BY THE MEDICAL WITNESSES FOR
    THE DEFENCE; AN EXTENDED DISCUSSION OF THE POSITIONS  ASSUMED BY
      THE MEDICAL WITNESSES FOR THE PROSECUTION, WITH CUTS, AND
        TABLES FOR ILLUSTRATION; LETTERS AND OPINIONS FROM VARI-
         • OUS EMINENT AMERICAN AND FOREIGN MEDICAL JURISTS;
           TOGETHER WITH  COPIOUS ABSTRACTS  FROM  THE
              EVIDENCE ADDUCED, 'AND  THE JUDGE'S
                 CHARGE IN THE CIVIL ACTION OF
HENRY BUDGE agt. CALEB LYON, for Libel,
Tried at the Herkimer Circuit in October and November, 1861.


                   YRY. 9
By JOHN SWINBURNE, M. D., Albany, N. Y.
        ALBANY:
C.  VAN BENTHUYSEN, PRINTER.
            1862. 
           w-

            S976v


            READ BEFORE THE
MEDICAL SOCIETY OF THE STATE OF NEW YORK,
        AT ITS  ANNUAL MEETING,
           February 5, 1862. 
REVIEW.
   On Sunday morning, December 11, 1859, Mrs. Priscilla Budge,
wife of the Rev. Henry Budge, of Lyons Falls  (Greig),  Lewis
county, was found dead in her bed, with her throat cut,  exten-
sively.  A coroner's inquest was held, the same day ; there was
no post-mortem, and the proceedings  were similar  to those
usually had in an ordinary and readily explained case of sudden
death.  The doctor merely cleansed, stuffed, and sewed  up the
wound, and the  verdict of the jury was,  "Death by suicide."
   Suspicious circumstances,  moral and  physical, subsequently
induced a disinterment of the body, four  months afterwards, and
a thorough examination of all the facts.
   The first inquest occupied  but part  of one day—the second,
several days.' On the second inquest, upon the facts developed,
a verdict of murder against the husband was rendered.  Upon
this, the prisoner demanded and secured  an examination before
the coroner.  After a prolonged hearing, during  which I was on
the stand for twenty-two consecutive hours,  the prisoner  bring-
ing forward no witnessess,  he  was committed for  the  action of
the grand jury, on the charge of murder.
   Subsequently  a  writ of habeas corpus was issued  by  Judge
Bacon, of Utica, and on argument thereon, he was  discharged
from arrest, on the ground of the alleged illegality of the  second
inquest, without any reference to the merits of the case, before
the coroner.
   The latter part  of *(|Jay,  and fore part of June, about  one
month subsequent to the above, the matter was brought before
the grand jury  of Lewis  county.  Judge Morgan, of Syracuse,
specially  charged  the jury  on this case, instructing them to
examine thoroughly into it, and to take testimony of all persons
who knew anything  of the  facts, pro and  con,  especially the
medical men, &c.  The result was that after the examination of
witnesses, among them, Dr. Olmstead, the family physician, and
strong personal  friend  of  the  prisoner,  and  the  first and only
physician  who  saw the body of the deceased, and of myself, on
the part of the people, while on  the part of the  defence, Drs.
Thomas,  Coventry  and  Hogeboom,  of Utica,   and   two  or
three of the local physicians, eleven of  the jury  were in  favor
of indicting Mr. Budge.   Several witnesses, who had been sub-
poenaed, did not reach court until the jury closed  the case, and
adjourned. 
4
  Some time in September, I860, the  case was again brought
before the grand jury  of Lewis county.  Judge  Turner,  also
charged the jury to hear testimony in this case,  pro and con.
On the part of the people, as witnesses, were  the venerable Dr.
James McNaughton, of Albany, Dr. C. H. Porter, and myself, and
Dr. Olmstead, of Leyden.   On  the  part of  the defence,  Drs.
Clark, of New York, Coventry, Hogeboom, and others.  The jury
after a prolonged hearing, indicted the Rev. Henry Budge for the
murder of his wife, Mrs. Priscilla Budge.
  Judge Morgan, of Syracuse, subsequently released the prisoner,
on ten thousand dollars bail.
  In August and September, 1861, he was tried at Rome, Oneida
county, Judge Allen  presiding.   After  a  trial of many days,  in
which no medical witnesses were called for the defence, and  in
which surgeons Mott, of New York, J.  McNaughton, of Albany,
and myself, on the part of the people, were subjected to lengthy
and searching examinations and  cross-examinations,  the trial was
suddenly brought to  a  close  by the interposition of the  court,
which stopped one of the  surgical witnesses from explaining in
detail the action of the  heart and lungs after the cutting of the
pneumo-gastric nerves.  The case went  to the  jury, pro forma
merely, and the prisoner was acquitted on the direction of the
judge.
  In relation to  the sudden termination of this case I quote  from
the Albany Times and Courier:

               A  RevieV of the Budge Case.

  "We publish to-day some of the evidence taken  in the Budge
murder trial, and also  the views of the  Rome Sentinel on the
subject.   It will be remembered that the examination  of the
body of Mrs. Budge was made  four months after her death  By
Drs. Swinburne and  Porter,  of  this  city.   They (from the testi-
mony taken before the coroner as to thAcondition of the body,
bed,  instrument, &c, when  collated with the  dissection  post
mortem,)  gave it as  their opinion that Mrs. Budge came to her
death by other means than  her  own bands.  The  medical  facts
of the case  were submitted to  Prof. Taylor,  of Guy's Hospital,
(author of Taylor on Poisons,  and Taylor's Medical Jurispru-
dence,) who gave his  opinion,  as published previously in this
paper.  The facts as they appeared before the coroner  (acting as
justice), were  laid before most of the eminent medical  men of
New York and this city, as well as several foreign medical jurists,
and their opinion coincided with Drs. Porter and Swinburne.
   " The testimony taken  at the trial was essentially the  same
as  that  before  the  coroner.  The venerable Drs. Mott and Mc-
Naughton sustaining Dr. Swinburne,  whose  examination con-
tinued most of three days.
      *         #         *         #         *        * 
5
  "In this connection we give the material testimony of Dr.
Mott, as reported in the Rome Sentinel, Sept. * * *
  "' This morning Dr. Valentine Mott,  the eminent New York
surgeon, was placed on the stand.   He testified that he had been
56 years in practice, and had many cases by throat cutting.   By
far  the greater number of suicides by throat cutting were too
high up—that is, above Adam's apple.  The flow of blood  from
a suicidal wound of this kind would  be tremendous; the flow
would be  very great  and extending very far.  In die case of a
person lying down with head imbedded in the pillows, not only
the hand  inflicting- the blow  would be  very bloody, but there
would be  a great display of blood about  the face and every part
of the front of the person.  The blood would fly in all direc-
tions, and if the walls of the room were  in reasonable distance,
it would hit them.  The face and  upper  part of the neck would
be very bloody, and there would  be a full display of blood on
the  headboard and wall.  The right hand,  forearm  and razor
would certainly be  very bloody.'
  " Dr. Mott's cross-examination  elicited  a point to which his
attention had  not  been called of late years, and which was of
vital importance to this  case.   In olden times it  was thought
that  the  cutting of the pneumo-gastric  nerves  would result in
immediate death.   Modern physiology shows  this to be a fallacy,
and that  death ODly  follows after days, while it does not inter-
fere with the full and free circulation and active contractions of
the heart, which continue until  the  body is emptied of blood.
This is the case in cutting all the nerves and vessels of  animals
slaughtered, and in decapitations of criminals.
  "Dr. Mott, by  acknowledging  this point, had  also to admit
that  the  lungs must  be congested as a sequel of the  heart's
paralysis.   Taking this theory of  the case, it would account for
the comparative  bloodless condition of the bed, and the bloody
cernm found in the pleural cavities.  This  fluid  is not found in
the cavities of animals bled to death.  This  did not account for
the bloody finger marks on the face and right hand pillow, which
were supposed to be made by a hand not materially bloody.   If
Mrs.  Budge  died  instantly upon  cutting the nerves, how came
the tongue bitten laterally, and the bloody  finger marks on the
face  and  pillow?   Of course the hand  is  paralyzed as well as
the heart.  How came her head pressed  firmly backwards in the
pillow, and the spot of blood on the sheet below, 12 or 14 inches
square, which seemed saturated with blood."
  The following is from the Rome Sentinel,  Sept. * * *
  Judge Allen—Then I would submit to you whether, after  the
diligent investigation we have already given to the case, you
deem it best still to press for a conviction.   Certainly this  was
a case fit for a jury to investigate.  As  it first presented itself
to those in the neighborhood, it was a case  of strong suspicion, 
6
 difficult to explain, from  the  position and  surroundings of the
 body ;  the character and extent of the wound, (such a wound as
 Dr, McNaughton would not believe could be made by the person
 herself, were  it not  for the cases in the  books;) the  account
 given of the blood,  as  reported by those who were  not accus-
 tomed to see such appearances, and who were not observing them
 for future statement and to be reported.   These things, and  the
 appearances found at the post-mortem examination, all tended to
 throw strong  suspicion on the prisoner, and  made out  a  case
 calling for judicial investigation.   But frffm time to time during
 the trial qualifying circumstances have been  proved  tending to
 show how the blood  might have appeared as it did, bow it might
 have got into  the  lungs without  asphyxia ;• and a  new element
 has been brought into this case this morning in  relation to  the
 par vagum nerves, the effect of their destruction on the action of
 the heart, and the appearance of the lung after death.  Now it
 is not  for me to  say that the case shall close.   There are  cir-
 cumstances  that might  be urged forcibly to  the jury ;   but it
 strikes me that as the case stands it is only a balance of proba-
 bilities, in which it would be unsafe to convict.  It was a proper
 case for investigation.  It was due to the prisoner as much as to
 the public that it should be investigated.   I have been very loch
 to interfere—but I think the case has taken much time, and if it
 continues, much more time probably will be taken.   Counsel  will
 appreciate the reasons which prompt me to make this suggestion.

                     The  Murder  Trials.

  Two  persons—one an educated  and reverend  minister—the
 other a dissipated low-lived individual—have been tried for their
 lives during the past few days in this village, and in neither case
 has there been a satisfactory arrival at the ends of justice.  We
 are not complaining of the verdicts which were rendered—for
 under  the circumstances the respective juries could  not have
 decided otherwise than  they did.   We do not complain  of the
 relieving of  the  accused parties from the imminent peril in wThich
 they stood.  But we do complain, and that very earnestly, that
 after the counties of Lewis and  Oneida have been put to  an
 enormous expense  for the prosecution  of these  parties,  and  for
 the vindication of the right of the deceased  persons  to have a
 strict inquiry made into the causes of their death, the  public are
 still left without satisfactory  and final knowledge as to how  and
 by what means Mrs. Priscilla Budge and Lucinda McGinnis sever-
 ally came to their death.  In the  Budge case  in spite  of the
 astounding inventions to that effect  propagated  in  the Utica
 papers of Friday, we are  constrained  to  aver that no  certain
 theory of the cause and circumstances of death has been arrived
 at.   Judge Allen—whose dignified demeanor and profound famil-
iarity with the science and practice of law, especially qua ified 
7
him to preside at a trial where men of the most eminent pro- ,
fessional talent in this part  of the State were  arrayed opposite
each other for and against the prisoner—used no such decisive
and satisfactory language in regard to the reason for acquitting
the prisoner, as that which  the  Utica papers presumed  to put
into his mouth.   Instead of expressing his conviction that it had
been clearly proved that the death of Mrs.  Priscilla Budge was a
case of suicide, Judge Allen said, as we elsewhere literally report
him, that the case as  it stood was one, though of "strong suspi-
cion,"  yet so modified  by  "qualifying  circumstances"  that  it
became a mere "balance of probabilities" as  to whether Mrs.
Budge died  by  her  own hands or  by those  of some murder-
er.  Of course, neither Mr. Budge  nor anybody else  should be
convicted by the  weighing of "probabilities."   It is  only "cer-
tainties" that justify conviction; and in this case there was and
is no certainty in the evidence, taken as a  whole, and therefore
Mr. Budge very properly  received the benefit  of the doubt and
was acquitted.
   So in the McGinnis case.   There is no more definite conclusion
arrived at by the acquittal of George, than by that of  Mr. Budge.
It  is  a  mere  "balance of  probabilities"  whether Mrs. Budge
killed  herself.
     #      *     #     #     ##.###*
   Now,  there is something unsatisfactory  and that demands
remedy  in this.  When a member of society dies, whether it  be
a lady occupying an estimable position in society like Mrs. Budge,
or a poor girl like McGinnis, the community  is entitled  to know
"how  and by what means the deceased came to her death."  It
is for  this the public pay coroners to hold inquests; it is for this
that doctors are  paid for holding post mortem examinations; it
is for  this district  attorneys are elected and  courts  held.  The
public safety means the safety of individual members  of society.
When Mrs. Budge and Miss McGinnis die unnatural deaths, and
the public find that forever henceforth the causes of those deaths
are left in doubt, and the mystery  unsolved, there is room for
complaint.   It becomes the duty of the  press in such  cases to  in-
quire  whose fault it is,  that with all the cost that has  been  in-
curred, with all  the machinery which is maintained at the public
expense for the purpose of finding out  how deaths  are  caused;
we are yet left with nothing better than speculations  and proba-
bilities in regard to the causes  of these two deaths.
•   Now whose is  the fault?   The judges tried  these causey with
careful impartiality  and abundant  legal erudition.   The juries
patiently endured their monotonous task.  The counsel displayed
acumen, industry,  and an interest amounting almost  to  enthusi-
asm.  Whose fruit  then is it that no more definite  result  was
 arrived at?
     #*#     *      *     *     ***» 
8
  And those who heard the evidence in the Budge case through-
out, can easily see that the weak point of that case  lay at the
same spot.  The village doctor who was first called in to see the
dead body of Mrs. Budge, did not seem to dream that a woman's
head could be half cut off by anybody but herself.  He actually
did not suppose that the coroner would need  him as a witness;
much less that a judicial investigation might  subsequently need
his evidence.   Instead of taking out his note-book and carefully
recording on the spot every atom of fact in regard to the spots
of blood, the quantity, the position of the  body,  of the  marks
of blood and  everything else which could throw a  light upon the
circumstances of the cutting, this doctor seems to have contented
himself with  poking cotton-batting into the wound  and sewing
it up.
  It is to be hoped that these two cases will be  a  lesson to  gen-
tlemen of the medical profession, when they are called in to see
a body which has evidently come to its death by other than ordi-
nary means.   When there is a body found in the water, the pub-
lic are entitled to something more  definite than speculations  as
to whether the body fell  in, or jumped  in,  or was pushed in.
When a body is found with its head half cut  off, the  public are
entitled to something more  than a  "balance of probabilities," as
to whether her own or somebody else's right hand  gave the fatal
cut.   The needed certainty can be had,  in the present state  of
medical science, in  ninety-nine  cases  out  of  a  hundred.  Does
any one suppose that if Valentine Mott had been  first called  to
the bedroom  of Mrs. Budge there would  now  be more than one
opinion as to whether the death was a suicide  or homicide ?   Or
that if Dr. Mott had made the post mortem on the body of the
McGinnis girl there would have been room for  argument as  to
whether she was drowned or strangled?
  It may be said that at the best the opinions that medical men
can give in such cases are  only theoretical and  circumstantial.
But it must be remembered that in a-case of murder no evidence
but circumstantial can be expected.  A murderer  does not com-
mit his crime in the presence of third parties.  There can be  no
possible conviction  in such cases  except on  circumstantial evi-
dence ;  and such evidence, clear and irrefutable, can be given on
the point of whether the death was by murder or not, in nine-
teen cases out of twenty, by any medical  examiner who under-
stands his business  and pays the proper amount of attention  to
his duty."
   A not unimportant fact connected with this case, is the result
of the libel  suit brought  by the  Rev. Mr. Budge against Hon.
Caleb  Lyon,  of Lyonsdale.  The latter, it  was alleged,  had  in
some verses charged Mr. Budge with the murdetfof his wife, and
other gross offences.  In the suit,  damages were laid, I think, at
$20,000.  Mr. Lyon set up justification as his defence, as to the
charge of murder, and no  justification as to  the  other offences. 
9
Last October and November, the case was tried at Herkimer,
Judge  Mullen presiding.   Eminent  counsel  were  arrayed on
either  side.  As witnesses for Mr. Budge, appeared Drs. Clark,
of New York, Coventry, Hogeboom and Thomas, of Utica, Olm-
stead (the  family physician), of Leyden, and on the part of the
defence  was Prof. Porter and  myself.  The trial lasted about
three weeks*  The fact of publishing the alleged libel was clearly
proven, and  not controverted.  No defence  to a  portion of the
alleged libelous publication was ever set up in  the answer, or on
the trial.  The justification related only to the  part  charging
murder.
  After three weeks of careful and patient investigation the trial
was concluded by the jury rendering a  verdict  of one hundred
dollars for the plaintiff, the  damages claimed  being, as I have
before stated, twenty thousand dollars!   Inasmuch  as this slander
trial contains the  full defence, as well  as  the prosecution of the
murder trial, and vice versa the slander case, I will make a synopsis
from  this  reported  testimony, as containing the  whole case, of
which the  following is the title:

Henry Budge, ")
     ag't     }
 Caleb Lyon. J

   In this cause, the following is a brief portion  of the medical
testimony  :
   Mrs. Budge, aged about  40, weight about  96 pounds—spare
habit  of body, but enjoying ordinary health and spirits,  was
found dead and cold in her bed, with her throat cut extensively;
and from  the circumstances attending  the  death, the  entire
absence of  the physical appearances of death from cutting of
carotids during  life, the  absence of  " spirts" and spatters of
blood,  position of the body and surroundings, the  moral circum-
stances also of unhappy relations having existed between her
and her husband for some time, induced an examination inform,
and from this cursory examination, nothing was elicited, (except
the testimony of the husband,) which threw  any light on the
subject.  This examination was really a form,  and nothing else.
Four months after this, I, in conjunction  with Prof. Porter, and
several of the local physicians,  made a careful dissection of the
body.  It had been buried in a grave of sandy loam,  aboirt four feet
deep, which was as thoroughly  cold as a  'northern winter could
make it.   The body was entirely cold at its burial—the ground
frozen  for three  feet, and chilled to the freezing point, much
lower, so that there, could be  no decomposition  going on.  It
remained in this condition until the dissection, four months after
burial, which revealed the following condition: 
                             10

          Synopsis of the Dissection, Post-Mortem.
  An extensive cut was found on the,neck, having the following
  Position.—On the right side 3^  inches below the lobe of ear
—on the left side, about  Z\ inches below lobe of ear—4£ inches
below centre of chin on medium  curved line severing cricoid car-
tilage, oesophagus, arteries, veins, pneumo-gastric nerves, and all
the muscles of the anterior part of the neck.   Circumference  of
neck above, or at the wound, twelve  inches—curved length  of
cut 5\ inches.   Depth of cut in  a  direct line, 2  inches back  to
the vertebrae,  cutting through  the periostium, and into the
osseous matter of the fifth vertebrae, and also  shaving off a lat-
eral portion of the transverse  process of this vertebra.
  Skin on the  right side  cut down \ to § inch lower than tissue.
Tissue on the left side cut deeper than  skin by about \ to § inch,
and extending down into the muscles external  to the vertebrae,
so that the skin at the termination  of  the  cut  on the left side
appeared as if stretched and rounded instead of being sharp,  or
angular.  Trachea  and tissues  retracted,  so  that the  wound
gaped about two inches.  Tongue—There was distinct ecchymosis
on each side, at points opposite  the molar teeth.  On the left
side, this covered a surface of  one inch in length,  and  \ inch in a
lateral direction.   On the  right, 1^ inches in  length.  On the
upper and wider part, near the base f of an inch, and diminish-
ing towards the anterior portion, where it was  \  an inch, and
extending through the mass  of the  tongue, and  visible from
either side, as  was demonstrated  by making incisions through its
substance, and subsequently soaking it in water.  The  tip  of
the tongue was somewhat discolored but not ecchymosed.   The
oesophagus for the space of about two inches near and below the
root of the tongue was of an abnormally red, or maroon color.
  Right lung congested and engorged with  blood, and apoplectic
—pleuritic adhesion slight—otherwise healthy.   Heart entirely
sound in every particular.  Chest—bloody  serum  in  both cavi-
ties of chest—on the  left side  full 5  oz.,—on  the right side, full
8 oz.
  Right lung—weight 9 oz—specific gravity,        .819.
       do     small congested portion of this lung, .885.
       do     apoplectic,                         .922.
  Right lung, weight with fluid 17  oz.—specific  gravity with
fluid, .904.
  Fluid in right cavity thick, and  of the  consistence of blood.
  Left lung—weight 7^ to 8 oz.,—specific gravity, .692.
     do     weight with fluid 12^ to  13 oz.
  The heart, and large vessels were empty, while the  capillaries
of the extremities and dependent portion of the body were full
of blood, and  all the muscles retained  their  juicy  and  florid
appearance.   The right lung continued  to discharge  bloody
serum, while the  microscope  distinctly revealed  the presence  of 
                              11

 diffused aud  circumscribed apoplexy, as well as  engorgement of
 its tissues.   The left lung, when placed in a jar of fluid present-
 ed a large amount of debris  of broken-down blood in the depen-
 dent portion, while the fluid was very much discolored.
   Brain examined—no appearance of any disease.  All the other
 organs examined and  found healthy and  free from congestion.
 Stomach and organs removed for chemical examination.
   From the testimony taken at  this inquest the following extracts
 are made:
   The room  was about eight by ten  feet, and about  eight  feet
 high,  and contained a bed, (French cottage,)  washstand  and
 chair—there was a space in front of the bed of about three feet,
 and the same at the foot.  This bed was composed of  a straw
 and feather-tick, two sheets, two French pillows and covers;  also
 two coverlids and quilts.  The  long axis of the bed corresponded
 with the long axis of the room, and hence the space  at the side,
 and foot of the bed, and none at the head or back side. The bed-
 clothes were undisturbed, and  carefully tucked  in at the sides
 and foot,  as if she  were  asleep, as one witness  says, " looking
 from the foot of the bed she appears as if asleep," with  the eyes
 and mouth closed firmly.  The coverlids  were carefully turned
 down  on  the left  side to about  the left breast, while  on the
 right  they were turned  down  about twelve  inches farther, and
 smoothly,  as if done  with  care.   The blood flowed from the
 wound in the direction of its* gravity i. e., directly down behind the
 neck, back, and  head, extending laterally on the  right from the
 neck from two to four inches, and on the left, one to two inches—
 running  up,  under the back of the head, and down  under the
 right hip, and making  an irregular stain  ou the sheet of about
 twenty by twenty-seven inches.  The width of the blood-stain
 where  the neck and head lay, coujd  not exceed  nine inches in
 width.  The  back of the right shoulder and arm lay in the blood,
 and hence were bloody!   On the left  side there was little blood.
   At the  examination before the  coroner, the family physician
 remembered of having seen blood (in spots,  and  not as if soaked
 in blood)  on  the anterior part  of the sleeve of the night dress,
 near the wrist, and not on any other part.  The lady who washed
 the  body, as well as the coroner, and nearly all the other wit-
 nesses, say there was little if any, (and that  more like a stain,)
 unless  such as was produced from coming in contact with  the
 blood in the bed.
   There was at  most, a mass of bloody feathers  in the feather-
 bed, matted  together, equal to about a quart  mug full;  the
 remainder were  not soiled, nor were  there any adhering to  the
 feather-tick.  In the pillow on  which the  head lay, the   amount
 of blood was evidently small.  Taking this and  other data, as a
 guide, there could not have  been more than about one  to  two
pounds of blood lost.  There were no spirts or spatters of blood in
any direction, and there was no blood on the anterior part of tho 
12
body, night dress, or  body clothing, below the cut, nor was there
any on the face and neck, above the cut, except a slight stain of
blood on the under side of the chin, as if some bloody thing had
been wiped against it. and the bloody finger marks hereafter refer-
red to, on  the face;  no blood  stains on headboard,  pillows,  bed-
stead, clothes, walls, or otherwise, except as above described.
   The family physician  discovered a few (6 or  8) spatters of
blood on the face, (in addition to the finger marks) as large as a
pin's head,  while  no one else  sworn on the inquest or before the
magistrate, saw them, not even the lady who  washed her.*   He
says on his first examination: " I discovered no spatters upon the
bed clothing, nor nowhere else, except on the face; discovered
blood on the pillow,  under the neck, and can't say that the blood
extended two inches on either side of the  neck;  besides the spot
of blood on the upper sheet of 6 to 8 inches  one way, and 10 to
12 the other, discovered  no other blood on the upper clothing,
etc."  At his first examination he discovered exactly what  the
other witnesses  did, except  the  spatters on  the  face.   On his
second  examination, he  says, in  substance :  " The  bed  clothes
were turned down across her chest,  8 or 10 inches below  the
chin, lower on the right side  than on  the left, folded smooth on
the left side.  She lay on her back, a little inclined to the right,
body nearly straight, head on  left pillow, inclined back,  and to
the  right,  left  hand  on  left  breast,  palm down,  fingers  partly
flexed, right hand and arm lay to the right, palm up, and looking
towards the body.  A razor was lying under the arm, nearer the
wrist than elbow, two-thirds  open,  the  blade uncovered, edge
lying towards her, two-thirds of the edge in length, and one-third
in depth, i. e. two-ninths  of the razor blade was  bloody.  The
inside of the fingers  of the right hand were stained  with  blood;
noticed no blood  between the fingers; no blood  on the upper
bed clothing, (except the  spot on the upper sheet,) blood  on the
right cheek and  chin, as though  something bloody had touched
them;  they were only slight  stains, and some spatters of the size
a half  drop of blood would make, in striking on a  surface; some
not larger  than a pin's head.  Of these there may have  been a
dozen;  discovered none of these  sprinkles on the left side of the
face.  The blood extended on the right side from the neck on the
pillow, perhaps two  inches,  on the  left, perhaps an  inch.  The
blood flowed back from the wound, into the clothing, back of her
neck and head, and down under her, which ran by  gravitation up
as far as the ear  and as far below the wound as I could see with-
out raising her.   There was  more blood on the right side  than
on the left  of the wound;  no  blood on  the wrist of the right  arm.
The sleeve  of this arm, from  4 to 6 inches, was besprinkled  with
blood, but  not entirely covered, as though soaked  most near the

 •These were not seen by Mr. Shepherd, who first saw the body, and hence I would suppose
that these might have been sprinkled on by Dr. Olmstead while washing  and cleaning fhe
wound.                                                      * 
   T/tix I'ta/e rr/MMii/.v/he t/escrifwU'lostiin/t inw/ne/i Mrs hiuit/e ivas/otnuLaUo
the e.iteid et/ut charade/-n/'the ll'mwct in thrXcek.  7/ie /h.vdwn o/'the Stains
at/flood ci/hh// /jVv/ a/ia  />'o</t/
f'f„l7'A\\¥/
S.:t?.. ?r Ifcn. ^enJJtuzjsens, (TZbaTly. W.7.
1. Bed-                     7.7. Slants of 1 Hood on uisidc of l-'tnqers and
2. Wash Shuid.               Edge of Razor
3. Tumbler.                 S. (aroln/s.Jia/idarsaad larVaqane.
4. Candle in Candlestick     9. Wind fipe
S.5. Stains troma bloody Hand lU. Indeidatwn m /issue Mow law ol 'anterior j
6. Spotsof Wood en the Sheet   haceoflerubrae.
   Joby 14 Inches.            LL Hound in aiUenor Face of lertibrae
TO rAC£ PAGE 33. 
 
13
wrist.   There was a spot of blood 5 or 6 by  12 inches on the
sheet in front of her, whic*h was soaked;  no sprinkles or spatters
about it;  I attempted to stanch and suppress the blood in the
cut before putting the cotton bat, as far as I could.   There was
much blood runnig into the wound;  there might have been from
3 to 6 ounces;  I put in cotton  batting and the  blood continued
to ooze  out of the wound, as I  sewed it up, so as to be bloody in
front."  Otherwise there was*no variation.  I have taken the points
in the statement contained in this article, from my dissection of the
body, and the following witnesses sworn, all on the slander suit,
and most  of them  on previous occasions, involving the same data :
   1st. Thomas Rogers, the coroner, examined the body carefully.
   2d. Joshua Shepard, an intimate friend and neighbor, whom Mr.
B. first  sent  for, and hence was the first who saw the  body and
before it was disturbed.
   3d. Hon. Francis Seger, a warm  personal friend and attendant
on his church, acted as clerk on the first inquest.
   4th. Laura E.  Seger, wife of Hon. Francis Seger. Mrs. S. washed
the hands and assisted in laying out the body, was one of Mr. B's
parishioners, and a warm personal friend of Rev. Mr. B. and family.
   5th.  Ann Murphy, one of the employees in the house of Mr. B.
and who helped to empty the feather tick.
   6th.  Jesse  T. Gould,  who  I think was living on very friendly
terms with B. and family.
   7th.  James Springstein, a neighbor,  who I  presume was also
on friendly terms with them.
   8th. Helen  Shepard, a neighbor, and also living on friendly terms.
   9th.  Isaac  Shill, also a neighbor, living on friendly terms.
   The whole  of this testimony is entirely in accordance with that
of the physician who was a witness for  the other side (prosecu-
tion) at his last examination.
   The  following are  the witnesses sworn for  the other  side
(prosecution), to  shew the  condition  of bed,  body and sur-
roundings :
   1st.   William J.  Olmstead, M. D., (the only physician who saw
the body at the time of death), the family physician and a warm
personal friend of Mr.  Budge, a transcript of whose testimony I
have quoted from three different and distinct examinations.
   2d. Ellen M. Harris.
'   3d. Elmira Dowd, who assisted to empty feather bed; found stain
on upper  part of tick  " 2 or 2\ feet long  and not quite 2 feet
broad;" a stain on the other side of it of 4 to 5 inches long and
3 wide,  i. e. " about as large as my hand ;" found bloody feathers,
a bunch as large as a quart measure.
  4th.  Walter Whittlesey, a neighbor and  personal friend of Mr.
Budge.
  5th. Caroline Higby,  a neighbor.
   6th. Matilda Gould,      do
  7th.  Wilson Higby,       do
  8th. Pamelia Ride,       do 
14
  Although the second, fourth, sixth, seventh and eighth witness
stated something different from all  the*others as to the points at
which the blood was found;  still the fact that  this blood could
not have been thrown there  by the action of the heart, and the
amount lost is not changed (not exceeding two pounds); and also
that no two of these witnesses agree entirely, while the description
of them is so vague and indefinite as to be of no practical value. It
is essentially from the statements of. these six witnesses that Dr.
Clark framed his statement,  recently published  in the American
Medical Times, on this same case—ignoring essentially the state-
ment of the physician and of the  other highly  respectable wit-
nesses.  I will therefore .refer the reader to the paper read before
the Academy of Medicine on the memorable evening  of the 18th
December,  1861, and published in the Bulletin  of the Academy,
and distributed ad libitum to the members of the State Medical
Society at its  last session,* when it was known  that this  paper
was to be read—that their opinions might  be biased or forestalled
by this statement.
  The attention  with  which this j)aper was  listened to by all,
attests  their appreciation of its merits and truthfulness.   Still
the pregnant fact that the wound on the neck leaked  from  3 to 6
ounces of fluid blood during its cleansing,  so that it had to be
stuffed with cotton bat, sewed up, compress and bandaged to keep
it from bleeding, and still it continued to  ooze blood  by the side
of the compress, is significant.
  Four months after this, when the dissection was made, the
cotton bat when  removed was saturated with  blood,  and the
parts under the neck were also wet with blood.
  The night-dress was open so as to fully expose the neck and
chest below the collar bone—the  razor was found nearly open,
and  partly under  the right fore-arm—about  mid-way  from the
wrist to the elbow, and was only slightly stained (about § of the
blade), and that On the edge and not on its back—the handle hail
a little blood on it.  The (soaked) spot of blood  (6 by 12 inches)
was on the upper sheet, in front of  the body, saturated, rumpled
and  crushed  up,  as if it had been  crowded into wound in the
neck; still it had not stained the night-dress or  bed-clothes with
which it came in contact, (evidencing that  it was placed there
when nearly dry).  Besides this, there  were the prints of what
appeared like bloody fingers  on the face,  and also on the lower
left hand corner of the right hand  pillow,  and  also as witness
described, on the upper and middle  portion of the same pillow,
as if clutched with a bloody hand.
  On the second row of the palmar phalanges of the right hand
" a  slight streak of blood"—none  between  the fingers or  any
other portion of this hand.   The lady who washed  the body as

  * For an embodiment of the statement of these witnesses, see Statement of Doctor Clark,
as presented to the Academy of Medicine, which will be found in connection with the testi-
mony of Doctor Olmstead. 
                              15  ,

well as hands, said it was so slight that it  scarcely soiled the
wet white cloth with which it was wiped  and cleaned—it ap-
peared as if  wiped against some  bloody object.   No blood  on
the dorsal surface.  The left  hand had no blood  upon it.  The
straw tick, on which  the. feather  bed lay, was not soiled with
blood, nor were the boards to which it was subsequently removed,
showing that  the under side of the feather tick was not bloody.
   The body lay with its left side to the front of the bed, on its
back, a little  inclined to the right—head a little more turned to
the right, and deeply imbedded in the pillow, so that it  came
well up by the side of the eafs.  Chin elevated, so that the crown
of the head was well back on  the  pillow, and about on a  level
with  the  back of the body.  This was the exact position in
which  the cutting  was  done.  Reason—if  the head had  been
flexed,  the cut in the larynx  would have  corresponded  to the
center  of  the seventh instead of the  fifth  cervical  vertebrae—
hence, on the theory of suicide,  she must have gone through all the
gyrations, and then placed the  head where it was at the  time of
the* cutting.   I incline to the position  that the head was in  statu
quo when cut, and remained in that condition until seen  by the
witness.  The right hand was about twelve  to eighteen inches
from  the  body, and resting on  the  back  and  elbow—-fingers
slightly flexed—left hand resting on the left breast, and partly
flexed, palm looking upward and backwards.  Right leg  nearly
straight—left leg semi-flexed at the knee.   Face   entirely  com-
posed, as if asleep, (as expressed by witnesses), eyes and  mouth
firmly closed—bed  undisturbed.
   The character of the cut is important.  It would appear  as  if
it had been' done by one stroke of some  strong instrument, and
still the cut on the left side is  remarkable (if done with a razor)
from  its dividing,  suddenly, all  the  tissues  behind, or  deeper
than the skin, by \ inch—shaving off a portion of the left trans-
verse process—cutting through mastoid, rectus, anticus, portions
of the scalenus muscle, <fec, then, suddenly rising, over the verte-
brae, cutting  through  its periostium,  and into  its osseous tis-
sue,  and  finally  finishing on the right side, by  cutting  the
skin | to  \ an inch further than the tissues wounded, and extend-
ing as far back as on the left side, cutting all the  parts anterior
to the spine, except a  small posterior  fragment of the mastoid
muscle of the right  side.
   This wound would seem to have been made at one stroke, and
if so,  on the theory of suicide, the razor would have to be forced
abruptly into  the left  side  of  the neck, between  the processes,
and behind the skin, cutting off the fragment of the transverse
process, and  carried with great  force  across the neck, cutting
into the osseous tissue of the body of the vertebrae, and the iucis-
sion finished  with  great deliberation, to make the cut  in the
skin extend beyond the wounded tissue.
  On  the  supposition of suicide,  the termination of this cut 
16
would seem more like the commencement of a surgical  incision,
where the  proper precaution was  not  exercised-«-as to holding
the instrument perpendicularly and  plunging it in before com-
mencing the incision;  the skin on the left, at the  angle  of the
cut, seemed stretched  and wounded, probably from the cutting
of the muscular fibre behind it, and from the forcible inclination
of the .head backwards and to the right.
   Now upon this  statement of the condition of the body, body-
clothing, bed and bedding, conditions of the  room, locus  in quo
of the body, the almost bloodless condition of the surroundings,
the entire absence of "spirts and spatters" of blood, the positive
evidence, as to all of the blood having been spilled by gravita-
tion, the stains of blood, from a bloody  hand, when hers were not
bloody in a position where it  could  be wiped off, on adjoining
objects, the entire absence of  a condition indicative of convul-
sions in  the bed,  undisturbed  body clothing, a condition which
always accompanies death  by  hemorrhage, either in the sitting,
or recumbent position.   The entire absence of blood anteriorly
on the neck, or in the direction of  the long axis of the arteries ;
also the same on the anterior part  of the body and night-dress,
the continuous bleeding of fluid blood from the wound, 22 hours
after death, and  of its continuance, notwithstanding its  being
stuffed with cotton batting, sewed  up, compressed and bandaged,
instead of  the  wound  being dry,  and all  the blood about the
clothes as it would necessarily be,  in death  from hemorrhage—
the position of the head, when  found, chin elevated, so as to
'stretch the  muscles, and turned to the right being in the same posi-
tion as it was when the cutting was done—the small amount of
blood lost  (not exceeding  a quart) as evidenced in the bed and
surroundings—the  almost  bloodless  condition of the hands and
wrists—the saturated,  or "soaked" spot of blood, 6 by 14 inches,
on the upper sheet in front, while the clothing with  which it was
in contact was unsoiled—the almost  bloodless condition of the
razor, and  its  position under  the  fore-arm—the character  and
extent of the cut, involving, as it did, the bone, and last but not
least, the condition of  the lungs at the  time of death weighing
respectively 12^ and 17 ounces,  and probably much more, and
leaving portions of the superior part  of right lung apoplectic,
while the adjacent parts were congested, instead of which, they
should have weighed (on  the  supposition of death by  hemorr-
hage) 4^0°^ and 5^°o ounces,  respectively, and there should not
have been the flow of fluid blood described, from the cut,  22 hours
after, nor should there  have been  any effusions in the  cavity of
the pleura.
  The chewed tongue is also important, as  indicative of convul-
sive action. This would be inconsistent  with the convulsions
after  throat cutting, and  hemorrage, because—1st. Animals do
not chew their  tongues when  slaughtered;  2d.  The convulsive
movements are always  present in the  extremities, and last from 
17
four to five minutes.  If she had convulsion of the jaws, she also
should have had them in the extremities, and  hence  the bed
must of necessity be disturbed.
  Now, taking all these points into consideration, we stated as
our  opinion,  that  Mrs. Budge was dead or nearly so, when the
cutting was done ; and hence, there was (little bleeding and that
in the direction of its gravity), and  hence, no movement of
the muscles after  the  cutting was done.  This would account—
1st,  for the head  remaining in the same position as when the
throat was cut,  and the entire absence of "sprinkles and  spatters"
of blood, and the absence of evidence of the per saltum force to
the circulation—the small amount of  blood lost—the blood flow-
ing profusely, some time after death—the condition of the right
lung—the positive fluid character of  the blood—the  absence of
positive  evidence  of clots of blood  ; 2d, the cutting was done
while lying—is  evidenced by  the absence  of blood on  the fore
part of the body, and night clothes, showing that it could not have
been done  in  the  sitting  position.   The blood simply flowing
where gravitation  would lead it and  that  this blood was found
chiefly behind, and to  the right  of the body renders it almost
absolutely certain that the cutting was done in the lying posture.
The greater amount of blood being  found on the right side is
also in favor of this view, and also that the body did not  move
after the cutting was done—so also the position of the  head, be-
ing deeply imbedded in the pillow, chin elevated and head forcibly
thrown back, also the smooth and well arranged  condition of the
bed clothes, where they were turned down in front of her, which
could not have  been, had she been in the sitting posture.
   That  after the wound  was made  in the  neck, the sheet was
stuffed into it, and so left until  nearly dry; this would account
for its not soiling the clothing with which it came in contact.
   3d. I hold that the throat was not  cut with the razor found
under the forearm, from its nearly bloodless condition,  from this
cut being very  extensive and involving the bone.   The instru-
ment would  have been covered with blood, and its  edge would
probably be nicked.
   The small amount of blood lost, as evidenced  by the  condition
of the feather bed (not exceeding a  quart), is also  inconsistent
with death from  hemorrhage.  A person  of her habit of body,
and weighing  96  pounds, would have not  less than  15  to 20
pounds of blood in the body, two-thirds of which, or from 10 to
12 pounds  would be lost in cutting like this—and hence  the
inconsistency.
   4th.  After her death the throat was  cut to'cover up  the crime
of murder.   This could be effected with a strong instrument, in
the hand of an assassin, while standing in front of the body or
on the bed, in rear of the body, or sitting astride the body. ^ The
bed could even be moved out from the -wall, and the assassin go
2 
18
behind it, after which all things could be replaced as before the
deed.  In either position the murderer could make just such a cut
as this, and particularly so if standing in front, with the left hand
against the chin, the wound  would of necessity be down to the
right or up to the left (just as here found), while it would com-
mence like any other surgical cut, with a tail;  and if the instru-
ment were carried  across  with force  enough to cut through all
the tissues, and into the  osseous tissue of the vertebrae, it would
be likely,  when the resistance  presented by the bony parts had
ceased, to dive with force into the soft muscular tissue, and even
into the processes of the spine, while the skin would give and
stretch just as it was found to have done in this instance, so as
to make the cut deeper in the tissue than the skin or vertebrae.
  Even on the theory of suicide, the cutting  must still have been
done in the lying position for the reasons before detailed.  Now,
taking the position of the body, turned to the right, the position
of the cut at right angles with the shoulder-joint, the arm would
have to describe  the segment of a circle, and at right angles
with the body,  while the fore-arm would necessarily have to be
strongly flexed on  the  arm—also  the  hand on the fore-arm, in
order to complete the cut.   Even with  all these accessories the
cut could  not be completed to  the extent it was, before the arm
would strike the bed.   The body resting on  the muscles, which
would be  employed in this  act, destroys in a great measure their
force or power; besides,  no one ever cut their throat in the lying
position.
   The commencement of this cut is quite too abrupt for a wound
made with the  blunt point of a razor.  The extent  and character
of the tissue  cut is quite too great  for  one stroke of a razor to
complete, and that, too, in a position where  the  muscular power is
so materially impeded.
   The position of  the  blood stains, and the direction taken by
the blood  when leaving the body, taking into  consideration the
position of the head (and a female at  that), renders the idea of
suicide quite preposterous, not to say ridiculous.
   The substance of this  statement was transmitted to  the fol-
lowing eminent medical jurists, who examined the facts very
carefully and transmitted me their views:
  The first of whom is  A. S. Taylor, M. D., F. R.  S., Professor
of Medical Jurisprudence  in  Guy's  Hospital, London, and well-
known author of Taylor  on Poisons, and Taylor's Medical Juris-
prudence.
  2d. T.  G.  Geoghegan, M. D., Professor of  Medical  Jurispru-
dence, Royal College of Surgeons, Ireland.
  3d. Charles  A. Lee, M. D., of this State; formerly  Professor
of Medical Jurisprudence, <fec, &c, editor of  Guy's  Forensic
Medicine,  &c, &c.
  4th. S.  D.  Gross, M. D\,  Professor of Surgery, Jefferson Medi-
cal College, Philadelphia;  formerly Professor  of Medical Juris- 
19
prudence  in the medical department of Cincinnati College, and
who in early life paid especial attention to the study of this im-
portant branch of medicine.
  Although it is more in reference  to  the condition of the bed,
body, and the surroundings as to blood, sheet, &c, his opinion
as an eminent surgeon would  be considered important and con-
clusive.

        Chemical Laboratory Guy's Hospital, June 30, 1860.

  Dear Sir :—I have great pleasure in sending you  my opinion
of the case of Mrs.  B., of G.  Dr.  Hendee left  the MSS. and
drawing at my house  during my absence, so that I had an oppor-
tunity of  reading it and writing  out my views without having
any communication with him.  I can perceive that it is a case of
great importance.   It somewhat resembles that of Lord William
Russell, murdered by Courvoisier, in London, in  1840, and  the
case which I have reported under the name of Harrington, in my
Medical Jurisprudence, 6th ed., (English) p. 281.
              I am, dear sir, yours faithfully,
                                   ALFRED S. TAYLOR.
Dr.  Swinburne.

            Report of the case of Mrs. B., of G.
  I have  read a report of  the case of  Mrs.  B., of G., who  died.
December 10th, 1859. This report, with a drawing of position
of deceased in bed, has been furnished to me by Dr. J. Swinburne,
of Albany.
  From these  documents it appears to me :
  1st. That the wound in the throat must have  been inflicted
while the  deceased was lying on her  back, i. e. in the recumbent
posture.   There was  no blood on the  anterior part of the  neck
below the cut, and there  was no blood on the anterior part of
the b}dy or night dress.   Considering  the blood vessels divided
by the wound  in the neck, the fore part of the person and dress,
if deceased were sitting up at the time of its infliction, could
not have escaped receiving a considerable  amount of blood.
  The description of  the flow of blood  being chiefly on each side
of the neck, is in accordance with the  view that the wound was
inflicted while deceased was on her back.
  The head being deeply imbedded in the  pillow is also in favor
of this view, since had deceased sat  up at the  time of infliction,
I do not believe that by any accidental  fall such an imbedding of
the head in the pillow could have taken place; and further, it is
not conceivable that the head should have been thrown  back as
the result  of an accidental  fall.
  2d. Taking  the depth, extent and direction of this wound in
the neck, it is  not such a wound as a person  could inflict on him-
self  or herself while lying on the back in a recumbent posture. 
20
   The large blood vessels on back side of the neck wore divided,
assuming  that a suicide  might have  power  after dividing the
carotids  and juglars  on one side, to  carry a razor through the
trachea and oesophagus as well  as through the blood vessels on
the other side.
   I am decidedly of the opinion  that there  would not have been
the power to shave off the left  transverse process of the fifth
cervical vertebra,  or  penetrate  the  osseous structure.  In the
recumbent posture such an act would require the exercise of a
great  muscular force  at a very great  disadvantage in the posi-
tion of the right arm for using the required force.
   Assuming that the incision was made from left to right, the
fifth vertebra must have been implicated in the incision before the
weapon was carried to the right side  at all, and yet it is stated
that in the right side of the neck there was a cut in the skin one-
quarter of  an inch further than the tissues  wounded.
   This fact proves to my mind a deliberate withdrawal of the
weapon, quite inconsistent with  the fact that the blood vessels
on both sides of the neck had been divided, and  the  periostium
and osseous structure of the fifth cervical vertebra had been cut
or penetrated.
   3d.  On  the hypothesis of suicide a  wound  of this  extent and
depth  must  have been inflicted with tremendous force and with
great  rapidity.   There must have been a  sudden and copious loss
of blood from the divided blood  vessels of the two sides of the
neck.
   How came the right hand to be in a position by the side of the
body only slightly bent, the  weapon not  grasped within it, but
lying  on the bed six or eight inches from the wrist ? No muscular
power would, in my judgment,  have remained  to  enable  the
deceased to  have placed her arm in this position after the  inflic-
tion of such a wound in the  recumbent posture; and there is no
conceivable  accident by which it could have  assumed this posture,
unless the body had been  interfered with before it was  seen  by
the medical  attendant;  the weapon,  on the view  of  suicide,
should have been in the grasp  of the hand,  considering the enor-
mous  muscular power which must have been used in an  act of
cutting, which involved the body of one of the vertebrae;  if not
in the  grasp, the part by which the weapon  was held should have
been close to the palm.
   The right hand presented  only on  the  palmar  surface a light
streak of blood; the left hand is not   described as  having any
blood upon it.  Had the right hand of deceased inflicted such a
wound as is described, the  back of the  hand, as well as pro-
bably  a part of the palmar surface  would have been  covered
with blood.   The presence of a light streak only on  the second
row of the phalanges of the palm is inexplicable on the presump-
tion of suicide.   The weapon must have  been grasped and held
firmly in the right  hand, hence  the palmar surface  might have 
21
escaped but the  dorsal surface, in my opinion, could not escape
receiving  some blood from the vessels divided on the left  side,
and subsequently from those divided on the right side.
  The spot of blood 12  or 14 inches in length, &c, on the bed
clothes, and the  spots on the pillow to the right have no commu-
nication with the main source of hemorrhage.   They must  have
been produced subsequently to the wound in the neck.  There is
no conceivable  theory by which the deceased could have pro-
duced them, or that they could have resulted from any act on her
part on the supposition of suicide.
  Taking the attitude of the body, the nature of the wound, and
the medical circumstances in reference  to  the position of the
stains of blood and the  weapon, I am of opinion that this wound
was not inflicted  by  deceased on herself, but that it  must have been
inflicted by some  other person.
  A case somewhat similar occurred to me some years since ; the
assassin, in  this case, cut the throat of a woman while  asleep,
He cut off one of the cotton strings of her night cap; this was
found  on the floor.   The  microscope showed fibres of cotton in
the coagulated blood on the razor.
  The head of deceased was  pressed backward on  the  pillow,
and it would appear as if the  chin  had been  raised or pulled
upward at the time of the act of cutting.
                                    ALFRED S. TAYLOR,
Prof, of Medical Jurisprudence and Chemistry, in Guy's Hospital,
  15 St. James Terrace, Regent's Park, June 29, 1860.

            Letter from Prof. T. G. Geoghegan.
                               Upper Maron St., Dublin, ?
                                   September 10, 1860.    $
  My  Dear Sir—I herewith  apologize for  having so long left
your letter unanswered.
  I have  read your well-drawn  report with great interest, and
feel quite disposed to concur in the general conclusions you have-
drawn.                                          .  .
  The autopsy was  very well  conducted.  I  find it impossible
to understand how the division of the great vessels  should not
have discolored  more of  the adjacent surrounding surfaces with
blood, unless under some such state of the circulation  as you
suggest, and which latter would explain the result.
  The lungs also seem to have been  congested, a condition not
to be expected in death from hemorrhage.
  I infer  however,' that what was found  in the pleura, was se-
rum strongly imbued with blood, rather than  pure blood, as I
have  never seen the latter except  with a wound.   Whilst the
bloody fluid is not unusual, as the result of the process of putre-
faction, especially under the influences of gases, accumulated in
the blo'od vessels and thus causing exudation.   The absence also 
22
 of more than slight stains of blood on the hand—the division of
 the transverse process of the cervical vertebra and the condition
 of the tongue, are presumptive of homicide.
                  My best wishes,
                        Yours, very truly,
                                      T. G. GEOGHEGAN.
  Dr. John Swinburne, Albany, N. Y.

  After transmitting to Dr.  Geoghegan some tables* embodying
 the results of experiments, he  sends me the  following able and
 comprehensive answer :
                                 Dublin, December 18,  1860.
  Dear Doctor Swinburne—I  feel much  obliged by your atten-
 tion in sending me the report of the inquest in Mrs. Budge's case,
 and the valuable tables embodying the result of your experiments.
 Some time since  I wrote to you, giving you,  I think, a sketch of
 my views of the matter—the date furnished by yourself.
  I quite  coincide with  you as to the extreme improbability of
 suicide having been carried out in the present instance, and this
 for a variety of reasons which you appear to have estimated very
 correctly.
  I cannot conceive in the  first place, that  had the division of
 the great vessels  been the result of suicide, the circulation being
 ordinarily vigorous, the  neighboring  objects, as the head of the
 bed and walls, bed  clothes (i.  e. pillows), and doubtless the de-
 ceased's  face and upper part of the  neck, could  have escaped
 being copiously sprinkled with blood;  and  that  part of these
 marks should have the dotted and interrupted  character of an
 arterial jet.  Secondly, that the lungs  should have  been exsan-
 guined, or  nearly so, instead  of forming  characters, which lead
 to the legitimate  inference that they were congested at the time
 of death.  The condition  of the razor blade, unstained in a great
 part of its breadth by  blood, seems strongly also to militate
 against self-murder.  I should have further expected that in case
 of suicide, followed by rapid  death, and where  the extent and
 character of the injury would  indicate a most determined effort,
 the weapon would have been found grasped in the hand  as it most
 usually is.  Again, suicide by cutting  the throat in the recum-
 bent position, is  most unusual.   Nor have I ever seen or read of
 a ca e  of suicide, where a portion of the bone was sliced  off.
 The seat of the wound is unusual, for a suicide being commonly
at one. side more than the  other, and  generally  above the  os
hyoides ; these latter however are not decisive criteria.  Lastly,
the injuries of the tongue are very significant.
         With best wishes, yours, very truly,
                                     T.  G. GEOGHEGAN.
  Dr.  J.  Swinburne,  Albany.
* All of these tables will be found near the conclusion of this paper. 
23
              Letter from Dr. Charles A. Lee.
                                  Peekskill, Sept 28, 1860.
Dr. Charles H. Porter :
  My Dear Sir—I am much obliged to you for the opportunity
of reading your "report  of the  case of Mrs. B., who died under
suspicious circumstances."  I have carefully  read it, and given
it much consideration.
  It is due to you to say that it  is a most ingenious, judicious
and satisfactory expose of  the case.
  The conclusions at which you arrive appear to me sound and
irresistible and entirely borne out by the facts.  There is not a
shadow of doubt in my mind that the incision  was inflicted after
death, and there is as little doubt that death  resulted from suf-
focation.
  The depth and extent of the wound argue  a determination of
purpose and strength of wrist possessed  by very few suicides—
especially females, and I do not believe it possible  that such an
incision could have been inflicted by the deceased.
  The case in my judgment could  hardly be strengthened by any
collateral circumstances.
  If it should appear that the parties lived together unhappily
it would go far with a jury to corroborate your theory.
  The supposition of suicide  I should not   suppose could be
entertained at all by any person. But even under such {insanity)
circumstances, I  should  decidedly coincide  with  you  in  the
opinions you have expressed in regard to  the cause of death;
for all the facts point irresistibly to the  agency of another hand.
I have nowhere read a more interesting case  or one which has
been more  ably or logically elucidated, where the  reasoning
throughout is so thoroughly based  on science and established
principles of anatomy, physiology and pathology.
  I trust you will allow its publication in some  of our medical
journals, as it is too important to be lost to science.
  Allow me to thank you again for your kindness in sending me
your report of the case.
                  I am very truly, yours, &c,
                                            CHAS. A.  LEE.

      Letter from Dr. S. D. Gross, Professor of Surgery.

                           "Philadelphia, January 31,  1862.
   " Dear Doctor—You ask me in regard to the probable  manner
of the death of Mrs.  Budge;  whether, in my judgment, it was
caused by her own act or by the act  of some  one else.   After  a
careful examination of the testimony submitted to me,  I have
unhesitatingly come  to the  conclusion that  she was destroyed,
not by her own hands, but by those of another person.   My rea-
sons for this conclusion are the  following : 
                              24

   "1st. It is impossible for any person to cut the  large vessels of
the neck  without being  inundated with blood.   If  Mrs. Budge
had been  alive at the moment her neck was cut the  blood of the
carotid arteries  would have spurted  about  in every  direction,
soiling, not only the  bed and  body clothes, but also the floor, and
probably  even the wall and  ceiling of the apartment.'  I assume
that this  circumstance alone is amply sufficient to establish the
fact that  she  had  ceased  to  breathe  when  her throat  was  cut
As a  surgeon, I cannot  conceive of the  possibility of such a
frightful  wound being inflicted without the occurrence of  the
most profuse  hemorrhage, even if life had been  destroyed  in a
few seconds,  and the effects of this hemorrhage  would,  unques-
tionably,  have exhibited themselves in the manner  above indi-
cated.  Any one who  has ever seen  a chicken's  head severed,
knows how long the blood continues to flow in a full stream from
the carotid arteries.
   " 2d. If Mrs. Budge had herself inflicted the wound,  her hand,
face and  chest would, necessarily, have been  covered with blood,
which, however, it appears,  was not the case.
   " 3d. From the fact that the woman was  comparatively  thin
and feeble, I  infer that she  could  not  (even  if we suppose  she
possessed  most  extraordinary  will  and  determination)  have
wielded the  razor with which the wound is said to have been
inflicted in such a manner and  with such force as to  shave off
the left transverse process of the  fifth cervical vertebrae or to
divide all the structures in front of the neck, even down to  the
scalenus muscle.  Such a wound as Mrs.  Budge's is seldom in-
flicted by  the most robust and courageous suicide.
   " 4th. From the position of the razor and from the almost entire
absence of blood upon it, to say nothing of the peculiar shape
of the wound,  I cannot suppose that it was  the  weapon  used to
kill Mrs. Budge.
   " The above facts  and considerations  are  quite sufficient for
my purpose.   I leave entirely out  of the question all  the minor
points of  the case.   They  establish most  irrefragibly, in  my
judgment, the conclusion  that  Mrs. Budge's neck was  not  cut
until she had ceased to breathe, and  consequently, that she was
not her own murderer.
   " How she  was killed I will not pretend to affirm, but the pro-
bability suggests itself to my mind, that the act was effected by
manual strangulation,  and that her throat was  cut  immediately
after.   This £lea derives plausibility from  some  of the  circum-
stances revealed during the dissection of the body.
  " I  am, dear doctor, very  truly and  respectfully your  friend
and obedient servant,                         S.  D. GROSS.
 . "Dr. John  Swinburne." 
25
  *
                          Budge agt. Lyon.
  We propose  here  to give somewhat extended abstracts from the evi-
dence introduced on the trial  of this now famous libel case  (involv-
ing as it did the investigation of the cause of the death of the plaintiff's
wife),  with notes  of the  charge of Judge  Mullen to the jury, with
such remarks and criticisms as we may deem just  and appropriate;  not'
so much as a vindication of the position  taken by us in the foregoing
paper, as to enable  the public, and especially the medical profession,
after a careful and attentive perusal to properly appreciate the import-
ant medico-legal positions which were assumed by the professional wit-
nesses for the respective parties, and by the light of reason to solve the
seeming mystery surrounding the death of Mrs. Budge.

                        Plaintiff's Evidence.
   For  proof of publication  of the  libel, he proves that' February 13,
1860, was the day on which the libels were sent out to various parts of
the country.
   Thomas Atkinson  of Albany, testified that he printed the  said libel for
Caleb Lyon, about the middle of February, 1860, (100 copies in number).
   Nine  witnesses were introduced by the plaintiff,  and proved the re-
ceipt by them of printed copies of the  alleged  libelous publication,
whereupon the plaintiff rested his oase.

                        Defendant's Evidence.
evidence as to the  situation  and appearance of the  body of*mrs. budge
                  when found--marks of blood,  &c.
   1. Thomas Rogers (for defendant) was coroner  when  first inquest
held; got to house between 9 and 10 day of inquest; I went into bed-room
alone; a tumbler, candlestick, and  piece  of candle on table;  *   *   *
head on left-hand pillow;   *   *   chin  more  than usually elevated.
*  *  Bl»od had settled inside of wound.  *  *  The body was  very
cold, joints rigid.  * *  Two or three stains of blood across the nose
 as if the finger drawn across; walls of cut bloody, and blood settled in
 bottom ; a little blood above and below wound, and on neck below chin;
 a few spatters of blood about as large as head of a pin, six or eight; the
neck appeared as if blood had been rubbed with something;  discovered
blood in back  hair on right-hand side ; the streak of blood on right side
of neck  three inches wide,  on left two inches; a lump of clotted blood at
right end of cut,  blood had run down under shoulder,  and some distance
beyond; blood under left-hand shoulder,  a streak of blood on right side
 extending to hip, some blood under  left shoulder.  *  *  *  When I
first  went  in  the  clothes lay over the left elbow; sheet covered over
 smooth  across the bed, except across the breast, it appeared to be tucked
 under,  a strip  (of bloody sheet, ?) ten inches long and four or five wide,
 which I pulled out and  put back as it was before,  about an inch visible
before I pulled it out;  a stain of blood on right-hand sleeve, five or six
 inches long, averaging three or four inches wide—wider above; the upper
 (part) of stain  slight and not all connected,  in streaks;  the  lower  part
 was  connected—thicker blood  and deeper stain;  the sleeve had  been
 slipped  up; some blood on ball of thumb, and inside of fingers, and across
 ball of fingers; stain on finger lighter towards ends; a little blood on hem
 of night-gown and wrapper, on each side; night-gown down in front, as far
 as top of breast, bloody; right pillow had blood on top and lower corner,
 marks on top as if touched with fingers; the spot on lower corner of right
 pillow  eight or nine inches from neck, no spatters on pillow; hair  back 
                                26
                                4

bloody nearly up to ear; the lower edges of pillow nearly even, the upper
corners  touched each other; pillows large.  *  *  *  The blood on sheet
across the breast was dry and cracked open when unfolded; clothes at
foot of bed tucked in strong; I pulled them out; no blood on walls, &c;
none on floor, looked under bed.
  2.  Joshua Shepherd  (for defence).  *  *   Sunday morning, 11th of
December, was  called to plaintiff's (Budge's) by his hired  girl; it was
about 6  A. M., not yet daylight.  *  *   Found plaintiff and family in
dining room.  * *   He (plaintiff) asked me to go into other room; he
pointed  towards light  and wished me to take it and go into other room
—pointed-to parlor.   *  *  This was all he said.  Son and I went into
bed-room with light, it was burning when I took it.  *  *  Found Mrs.
Budge in bed with her throat cut; she lay neai'est fore side; her head
on front pillow; on her back; rather inclined to the right; her head
nearest  further  end of front  pillow.  *  *  There  was a stand near
head of  bed;  there was a tumbler with something in it on stand; can-
dlestick with candle in it.  I was in  again before breakfast.  *  *
Saw night dress on; blood seemed  to run most on  right side, back on
right shoulder;  some on left;  saw a finger mark of blood on cheek and
nose; no blood on dress in front.  Her dress at neck stood  open some 2
to 3 inches below cut.  Streak of blood above  cut and a  little below;
extended 3 or 4 inches on right side from neck;  not as much on left,
and did  not extend as far; was more under neck.   *  *  Blood extended
only an  inch or  two  under on left side; no spatters of blood on clothes,
headboard or«wall; no blood on left hand;  some blood on right hand
inside, from middle joint to end of fingers.  Blood on  right arm of night-
gown down by wrist; larger than a dollar considerable;  no other blood
on sleeve but that.  The bed clothes were folded down—lay  smooth.
Saw blood on right-hand pillow on top; appeared to be done with bloody
hand; it was nearest the head; it was as if some one had had hold of it
and let go.  There were 2 or 3 marks on upper sheet near breast;  there
was a streak of blood 2 inches wide across breast,  running towards right
arm.  Her head  appeared settled down in pillow.  *  * No blood under
bed; the bed clothes smooth and natural;  no disorder about  them.
  Cross-examined.   *   *   I  did not move  the  body.   *   *  Clotted
blood on right side.  * *  Saw  no blood on temples or in hair.  *  *
There were'some elongated spots of blood under  her jaws..  The  blood
mark on face was as of the finger drawn across the face;  small streaks;
appeared like 2  or 3 finger marks all made at one time.  The streak of
blood across breast was in folds of sheet.  *  *   The mark (of blood)
on right-hand pillow was about a foot from her head, and was as if  she
had caught it with her right hand.  Saw no blood on end of right-hand
pillow;  pillow not rumpled except where  she lay.  The tucking at side
not removed further than was necessary  to enable her to get in.  *  *
Bed clothes tucked in all around the bed.
  3. Francis Seger, (Judge)—Was at Budge's on  the morning  Mrs. B.
died.  I went into the  bedroom  where Mrs. B. lay.  *  *  Eyes and
mouth  closed, chin  uncommonly elevated; bedclothes  smooth; pillow
raised partly on its edge;  surface uneven; stains of blood on upper part
of it; spots in some places darker than another; stains of blood on face
and on inside of hand; fingers  drawn up  a little;  think  some blood on
night-gown; around and above 6 or  7 inches; marks of blood on inside
of hand less than an inch  wide at roots of fingers; saw no spatters or
spirts of blood; examined  wall because  my  attention was called to it.
  Cross-examined—The blood  was on upper part of sleeve of night- 
27
gown of right arm; more blood on some parts of sleeve than others.  The
deepest part of stain was not towards elbow;  the stain was thicker in
one part than another; there was one  stain thicker towards wrist than
above it; there were marks above the heavy stain; the widest place was
above the darkest part.
  4. Ann Murphy—Helped to empty feather bed.  *  *  Noticed blood on
one side  (of tick); none on  under side.  *  *  Was present when it
was opened;  feathers put in another tick;  this was  done in two or three
weeks after I went there; it  had been out during  that time; (stain of
blood,) 3-4 of a yard long, and the same width;  no blood on feathers;
no stains on them; was present all the time  while feathers were being
taken out; bloody side (of tick was) up  when out of doors; the pillows
were also on  the fence; did not  notice them; feathers taken out by me
and Mrs. Dow.  *  *   It had rained while it hung there.
  Croxs-examined—Think it snowed  while it hung out;  Mrs. Dow was
there all the time feathers were being changed; Mrs. D. did not take out
any lumps of clotted blood: I did not say to her I was sorry I had been
deceived about there being  clots of blood, and would like to correct it.
  5. Jesse T.  Gould, sworn—Went  into the parlor bed room about 7 A. M.
  *   *   Her chin was rather elevated ; left hand  on breast.   *  *
Clothes over elbow  of left arm.  *  *  Razor  lay four  inches  from
wrist joint.  *   *  Streak of blood on  sheet about a foot below fold  ;
it was 2 or 3 inches wide and a  foot long ;  bed  clothes all  right;  no
blood under bed;  no  spatters  of  blood; a little streak of blood  on face
as of finger marks; a little on nose  and cheek; a lit te  blood  on the
inside of  right hand  and  fingers;  noticed no  blood on  her person  or
night dress;  a little  streak  of  blood on  lower  edge of right sleeve2
or 3 inches long; blood had oozed out of wound on right side and
spread 2 or 3 inches.
  On left  side not as much; 3 inches from chin to the cut; partly below
Adam's apple; it  turned up; no blood on neck below wound; my impres-
sion is, there  was a little dead blood between the  wound and chin;  near
upper end of  right hand pillow there were marks of blood;  ruffled up
some; blood run under the body.
  Cross-examined. *  *  No blood on left pillow, except round the
neck.  *  *  Blood on lower edge  of night gown sleeve; not on upper;
not sure;  fingers bent; hand  lay on its back; if blood  on outside  of
sleeve would  have seen it.  *   *
  6. James Springstien. * *   Reached plaintiff's house at 7 A. M.   *  *
Went into room a number of times; was there when body was  removed;
saw it done;  I helped; took  it into parlor where it was placed  on the
feather bed it  had laid on;  body nearly  straight.   *   *   Head  on left
hand pillow;  left  hand on breast;  right thrown  back; the  left  lay on
sheet; I think right thrown toward wall; razor under wrist; saw some
blood on inside of right hand, on ends of  fingers;  razor open; saw no
blood on it; saw some marks  of blood on face; they looked like finger
marks; they were on nose and right cheek; no more blood, except round
wound; considerable blood settled close  by the cut  on  each side; some
spots of blood on right hand  pillow; looked like finger  marks; upper
edge; 3 or 4 marks;  I looked under bed  and saw  no blood.
  Cross-examined.  *   * Did not appear very bloody about her.
  7.  Isaac Shell—I saw body about 11 A. M.  *  *   Did  not see much
blood.  *   *   Saw a little blood on end nearly of right fingers; no more
blood on that hand.  *  *  Saw no blood on wrist; saw some spots of 
28
blood on right sleeve of night gown; stains about \ inch wide; 2 or 3,
from 4 to 6 inches long.  *   *  Blood extended some 3 inches on  right
side;  not as far on left; saw  some blood on right  pillow on upper side;
saw some blood on sheet under her right arm, extending  to her  throat
and cut in the throat.  * *  No blood on her person, except on her throat;
no other blood on her clothes; none on bedstead:  a little blood on sheet,
which crossed her breast, where it was folded;  a  blood stain on  one of
her checks as if touched with end of her fingers.
  Cross-examined.  *  *  Very little blood on razor; could not say it
ran on razor; it appeared to run towards edge and dry there;  there was
a little clotted blood  close to her  neck; the blood  settled under her
arm.
  8. Laura  E. Seger,  fwife  of Hon. Francis  Seger.)—Was  at  plain-
tiff's clay of inquest;  got there about ten o'clock A. M.    *  *   Saw
spot of blood on sheet; eyes and  mouth closed; I washed her  right
hand; there was  a stain of  blood on three  fingers, on the fleshy part,
between the first  and  second joints, and  on thumb, near ball of thumb,
and a stain across between points below,  no blood  on palm of  hand; a
stain  of blood on nail of fore finger next to flesh; can't say on which
hand; blood ran  over  back side of  right shoulder; *   * the  knob of
hair back (of head) was saturated with  blood; none in  front of ear;
noticed wrist of right hand,  no blood on  it,  or arm;   *  *  noticed  no
disturbance of bed clothes.   *  *  I assisted in removing night clothes.
  *  *   I saw a  pillow under her head;  it was not bloody as  high  up
as  her  hair; edge of  it under her head;  was bloody; no blood on her
dress in front, or  on her person.   *   *
  Cross-examined.  *   *  I took down the rolls of  hair; don't know
whether they were washed;  cut off  hair  behind because it was bloody;
could have washed it:  hair smooth;  put up with  pins; no comb.   *   *

  We deem proper here to  insert  a portion of  the  testimony of the
witness, Mrs. Seger,  as given  before the  coroner, because,  in  some
respects, it is more clear and definite as  to the appearance of the body
when found than  that given by her on the civil trial.
  On her examination before Coroner  Rogers,  Mrs.  Seger  testified,
among other things, as follows:
  "The bed clothing  lay smoothly on the bed; and turned over at the
top, as  we usually make a bed. *  *   There was no blood upon her
chest; none on her neck below  the wound.   *  *  No blood upon the left
hand sleeve of the  night dress,  or upon her arm;  there was blood  upon the
right  hand, on the inside on  every finger—just  a  trace of blood  on every
finger.  *  *  No blood upon the outside of the right hand; no blood upon
the right hand sleeve;  none upon the wrist.   * *  Washed the right hand
with  a  white cloth; the cloth was stained some with  blood; not a great
deal.
  Cross-examined—The blood had ran up from the  roots 'of the hair about
three inches; there was no blood  upon the side of the head on the hair; it
extended towards the ear; it  had spread  some.  *  *   No blood  on the
right arm, from the elbow downwards; there was  very little blood on the
right  ho.nd; a slight trace across the fingers on the inside of the right
hand; not so wide as a finger, but wider than a  knitting needle; wider on
some fingers than  others; do not remember which joints the blood was on;
think it was on the first joints, next to the hand; there was but  one line
across, but was not continued between the fingers.   *  *   On the  ball of
the  thumb, near the roots of  the thumb; I saw no other blood on the inside 
29
of the right hand; there was no  blood on the outside of the right hand; I
made the examination for the purpose of cleansing it.  *  *  The blood
ran down from the neck;  back of the shoulder; none on  the front part
of the shoulder; no blood on the neck below the wound in front; a space
two or three inches from the  neck on the pillow, where the hand lay, was
covered with blood."  *   *

                    Defendant's Moral Evidence.
  Joshua Shepard, of Greig, Lewis co.—Knew Mrs.B.; lived at a distance
of 15 or 16 rods from her house; first knew plaintiff in July,  1859.  *  *
On Sunday morning, 11th Dec'r, was called to plaintiff's by his hired girl
** about 6 A.M.  *  * not yet daylight. * * Went immediately into room
with his son, whose name is Eli; found plaintiff and  family there (dining
room).   *  *   He pointed to light, and asked me to take it and go into
other room; pointed to parlor.   *   *   This was all  plaintiff said.  *   *
Son and I went into parlor bed room with light;  was  burning when I
took it.  *  *  Found Mrs. B. on bed with her throat cut.  *   *  I told
son to go after neighbors; I returned to dining room, and said to plain-
tiff, she is dead, and I think  he said, Is it so ?  He then asked rye if I saw
any instrument she killed herself with; I said I did not look for  any.  He
said,  probably a razor.   His little  girl said she would  go and see; she
went to the-pantry and took down box, and said, " Pa, there is but one
here!"   He said,  "There ought to be two."   He asked  me  to go back
and see what instrument she killed  herself with.   I  said I would rather
wait till neighbors came.  Adam Shell came in first, where plaintiff and
I were;  I told him  plaintiff wanted me  to go and  see what she killed
herself with, and we went and found a razor under her right  arm, half
way between elbow and wrist.  *  *  There was a tumbler with some-
thing in it on stand; candle stick with candle in it.   *   *  Mrs. B. was
at my house sometimes once a week, and sometimes once in two weeks;
she was at my house the night before she died;  she  left at about 8 P. M.
She appeared as usual;  conversed freely as usual; she was considerable
of a talker.  The funeral was  attended Tuesday; plaintiff at my house
Tuesday evening.  *   *  He said he  had to remove from one  place  to
another on account of his wife;  he had to shift on account of  her.  He
had lived at Bellville, Canada, Camden and Smithfield.   Before  Higby
came in, he took up his  little child and said, " Now if he had the means
he could go on and educate  his children to his mind."  *   *
  Cross-examined.  The hired  girl came  to my house and said Mrs". B.
had cut her throat; and B. had told her to come in.   *  *   Found plain-
tiff and family in room.  *  *  huddled  together and  all crying loud.
He  motioned to parlor; nothing said.   *  *   When I came from bed
room, found plaintiff as I left  him.  *   *  Budge  and  I did not meet
often;  he and I were friendly.
  Emma M. Gould—Lived in Greig when Mrs. Budge died; £ of a mile
from plaintiff (Budge).   *  *  Was well  acquainted with  Mrs. B.; called
frequently during summer and fall;  was at plaintiff's  morning of day
before she died.   *   *  Mrs. B.  gave me a letter to give to our hired
man to carry to post office,  directed to Mrs. Lonsdale,  Plymouth, Eng-
land;  her daughter  Priscilla was present.   *   *   The  same  evening
plaintiff called at our house about 6 P. M.  *  *  Plaintiff asked me if
Mrs.  B. had given me a letter;  I said she had; he asked  me if I  had sent
it; he said he was glad, and he wished to be allowed the letter; I got it
and gave it to him and a quarter of a dollar she gave me to pay postage. 
30
He said " it is  hard to take a letter my wife had  written, but I am
obliged to do so."   He said a short time since he had received some
verses from  his niece in Canada, with music  attached, that he left them
on the table in his  study; Mrs. B. found them and said he received them
from his lady friends; he told her he had not; she could not believe him.
He thought that  the verses were undoubtedly in the letter, and that she
would use them with her own composition, in order to misrepresent him.
He said, "My troubles have been as  they are now for 11  years,  and
were it not for my  children  I would not endure  it for six  hours."  He
took letter;  held it until I saw Mrs. Budge was coming; then he slipped
it in his side pocket; I said,  " Mr. Budge it is a  lady passing the win-
dow;" as she passed second  window  I saw it was Mrs. Budge, and he
said,  "I warrant it is."  I then said,  "Mr. Budge, what shall I say to
Mrs. Budge in regard to the  letter." He said I had better say I had sent
it.  Then as I arose  to open the door, he said, " you  need  not say by
whom."  I opened  door; Mrs. B. came in; she responded, good evening.
She said, " I did  not know Budge was in;" he said, " Yes,  I came  to see
Mr. Gould about  a man to thrash for me."
  Conversation general.—She asked me if our hired  man had  gone to
post-office to Falls;  I said he had; she asked me if I had sent her letter,
and I said I  had; she said  "I thank you; I am very glad you sent it; it
is a.very long time since I heard from my sister (Mrs. Lonsdale;) it is
such a task to get a  letter from her  sister, or  relations;" I can't  say
which; mother asked her if she enjoyed good health;  she said she was
very well, excepting her head; mother said she knew how to sympathize
with her, as she had a headache; she then said, "the headache and hard
labor I could endure, but I have such  a strange feeling in my head; if it
was not for my little ones,  I  could not wish  to stay."  *  * When I
said the letter had  gone, mother said, "yes. Mrs. Budge, it's gone;"  she
was never accustomed to labor till she came to America.  *  *   Noth-
ing unusual  in  her appearance  except  when  she first  came in  she
appeared excited;  more composed and cheerful  when she  found  her
letter was gone.  *  *  She said  in the summer, "I have  been accused
of a falsehood, but my heavenly father knows I could not tell a lie; I
am a stranger; I have no mother or sister to soothe me when sick.   *
*  But I am not  a  stranger to my father in heaven."  She said wealthy
young ladies could do things which if a poor girl should, people would
be surprised; but wealth was of very little consequence, for there would
be a day when both rich and poor would be' brought before  their God
and her God, and he would judge them  judiciously.

  Helen Shepard—Live in Greig;  knew Mrs. B. ; she  came  3d or  4th
July; I did the dining work  for the first three weeks after she came to
Lyons Falls.  *  *  I don't remember of plaintiff and his wife speak-
ing together but twice;  once he introduced me to Mrs. B,  and the other
she spoke to him about fire;  he talked to me about his  wife.   *   *  He
said Mrs. B.  was sick again.   *   *  He said she would  write  letters
that injured her as much as  him; she came up to  his room in the night
and kept him awake; sometimes she acted so bad he thought of calling
Shepard, and if he  did not  see what rest of family ate and drank he
would be afraid of  being poisoned; she said if she had pistol she would
shoot him; he said people  could like her at first but when they  got
acquainted with her they could have nothing to do with her.   *  *   She
had locked him out of doors; he said she had treated him so that he had
lost all affection for her; the ties were broken; he said she was a  sweet 
31
woman and capable of going  in  the  best society, but there was such
things going on at his house she was not fit for decent people to asso-
ciate  (with);  she was only fit for (the)  'five points;" he said if it was
not for his children  he would  not endure it; "there is my Henry, young
as he is, would almost weep tears of blood over me and say,  'Pa, why
don't you send her away?" (when) I (first)went over to plaintiff's she slept
in dining room bed room; found her there early in morning; youngest
child  2 years old; she slept with her mother; there  was a  crib in the
room  in which little Mary slept; I  had a  letter for Mrs. B,; defendant
offers to show that B. opened  a sealed letter, read  it  and put  it in his
pocket, and it was  not delivered to  the knowledge of the witness; this
was when  Mrs. B. was sick abed, and that the  letter was  postmarked
England;  I gave letter to Mr. B.; it was sealed;  he put it in his pocket;
he read it; (saw straw bed; there was  no stains  on it; looked to find
them.)  *  *   She was sick in July about a week, and not again till
13th Sept.; she was about house the following Saturday, again the week
before her death;  in Sept., on Friday, he gave me what he called Indian
hemp, and to give her 15 drops; she had taken as many as 30  drops;
she said it was not  the right  medicine;  she  spit some  out; swallowed
some.
   Frances M. Hess—I lived in  plaintiff's  house the  last of August or
first of September.  *  *   *   The first thing that attracted my  atten-
tion was the day I  first went  there;  he  came home  about  5 P. M., and
retired; he passed through the room up to his study; he came down soon
after, she did not speak to him; they took tea, and they did not  speak;
after  I went to bed I heard an altercation between him and her;  I  slept
in chamber over dining room; he and his wife were in  dining room; he,
I was told, slept in his study;  he asked her that night why she went to
Nova Scotia and staid four months, and he  knew not where  she  was;
he spoke in a very excited tone;  she low;  he said her  object had been
to torment and make him  miserable, she replied; could not understand
what she said; he soon said, " you had, and you know you had;" Jenny
and Mary slept with Mrs.  B.   *   *   *   The days  I worked there  he
gave (her) Indian hemp; I saw no doctor there.   *  *  *  *

   3Iary Ann McMullen.   *   *   Knew Mrs. B.; I lived  there when
she died;  went there to live the  Tuesday before her death;  left there
Sunday evening after death.  *  *   *  I slept  up stairs;  I went to my
room from dining room, I slept alone; the girls slept in dining room bed-
room; the boys up  stairs over dining room; they went up from kitchen;
I went to bed Saturday night about 8; I left plaintiff and  Mrs.  Budge,
Prisr.illa and Henry (up); the next morning plaintiff called me; plaintiff
was in dining room when he called; when I first came down I made the tea
for her as she had directed me on Thursday or Friday; this was the first
time I made it; it was carried into her room by Priscilla; when I made the
tea B. was in his room up stairs; can't tell when he went up; when Pris-
cilla went in she came out screaming, and B. came down and  asked me
what was the matter, and she said  her mother had cut her throat—all
in kitchen; then B. told me to go over to Shepard's and tell him to  come
over- B. was in kitchen from (the time)  he  came  down till I went out;
Shepard came with me; Mrs.  B.  went to Gould &  Shepard's that night
(before she died).   *  *  *  Brought back some patterns for children's
clothes; she cut out some  factory cloth by pattern, and I took back pat-
tern- Mrs. B.  very cheerful; went and got me a book to read; she showed
me about pictures, and told me about the stories; nothing unusual in her 
32
appearance  after she came back;*I heard  talk between Mrs. B. and
children before she went to Gould's; Priscilla and Henry were talking
about a letter that her mother had written and given  Emma Gould, and
Mrs. B. came from dining room and asked  what  it was all about; she
said it was a poor thing- she could not send  a letter to her sister without
it being stopped.
  Cross-examined.  *  *   * When Priscilla came from Shepard's she
spoke to her about telling her father about  letter.   *  *   *    The fire
was lighted when I came down; Priscilla, B. and self were the only ones
up when she came out of room (where Mrs.  Budge was  found dead).
  Delia Shepard.  *  *  In August, in the morning at table, Br came
down and  sat at table; one of children said, " I did  not know Pa came
home  last  night."  Mrs. B. said, "your Pa  did not get home last night;
he came this morning."  He said ho got home night before about ten,
and couldn't get in.   She said she did not hear him.  He said he knocked
so that Shepard's folks could hear him.  She  said she  woke very easy,
and he said, "I know you do."   She spoke of a letter  he had received
from a young lady; she said every young lady in  the place should have
a copy of  that letter. He said, I don't care if you give four score young
ladies a copy   * *  *
  Cross-examined.  He said it was not the  first time but it must be the
last time he was locked out of his  own house.  B. said  he was not will-
ing to have his children present on such an occasion.  *   *  I remem-
ber inquest day she died; I was present some of the  time; I was exam-
ined.   I went home and found B. at father's.
  When I entered sitting room, he said,  "Delia, what are they  doing
over there? are they trying to get anything  against me?  I said, "Yes;
they spoke of quarrel at breakfast table." He said, " Just as I expected."
  *   * I was examined at Rome; I know  he asked me, "Delia, what
are they doing over there ? are they trying to  get anything against me ? "
  Direct.  After this occasion Mr. B. said  she was   up till ten o'clock
(the night of her death).
  James Springstein.  *  *  B. came to my house in August,  1859.
  *   * He says, " I wish to say something to your woman about some-
thing she  has said about  me.  I heard that she said I was  running
about where I had no business, and representing  me as  a bad man."
She told him she knew  nothing about his  business;  had heard nothing
about him.  He said, I believe what  you  say; I  am satisfied, and said
people had occasion to talk.  He said trouble had begun between him
and his wife soon after they moved.  He had spent much money taking
her back to England, and she came back  again; had disturbed him; fol-
lowed him when he was  away  from home.  He said  he was at Lyon's;
that he and Mrs. L. was at room, and she looked  out and saw a female
in the yard.  He looked, and said it was  Mrs. Budge, I will have to go.
He said he had not lived  with her as a companion or as a husband, and
never should again;  that he had moved and moved, but never shoidd move
again for her ;  but would try one thing more.  He  said she was going to
mend his coat, and found a letter  in his pocket,  and she represented it
a love letter; but it was not, but a friendly letter  from an elderly lady,
and he caused it to be destroyed.  When he  got  through,  I said to  B.
" Look here, my dear fellow, we can't always  tell men when they come
into our neighborhood;  we sometimes get deceived by preachers." Told
him of several clergymen who  had done wrong; and he asked me what
did they do with Avery, and I replied, his friends cleared him. 
33
  Hannah Springstein—Knew Mfs. B.; first  knew  her  in July, 1859.
  *  *  Called at my house some four  times in all.  *   *  He came to
our house; she generally  talked over religious matters.   *   *  He (B.)
said to husband, I want to ask your wife a question.  Husband told me
to answer, and to say if I had said anything against him.  I said I had
not.  He said he felt satisfied.  He had a great deal of trouble with his
wife, commencing soon  after marriage—jealousy  Folks had  talked,
and had occasion to talk.  He had moved and moved, but should never
move again for her; he should try one  thing more;  had no affection for
her.  Had not lived with her as a companion in several years, and never
should again.  She said  she  had found letter in his pocket, which she
called a love-letter, and  he  had destroyed  it.   He said  it was from an
elderly lady. He said  when first married  she was  a very nice  woman
and any young  man might be proud of.   *   *  *
   Cross-examine'd—When B. was at my house  he  said it would be  no
satisfaction  to you to call at my house, unless you join  her in her con-
versation.   *  *
   Adam Deitz, postmaster of Greig, Lewis county—Plaintiff was at my
office in the  morning of October 1859;  had a talk with  him about his
wife; he said he had a good deal of trouble with his wife; she was of a
jealous  disposition;  defendant offers to show that the plaintiff (Budge)
went to the witness' office and withdrew a letter  mailed  by the wife
(Mrs. Budge);  and also to show that he told the witness  that he had fre-
quently intercepted her letters;  the plaintiff's (Budge) counsel concedes
that defendant may prove that the witness  withdrew  letters  to her
friends.  The objection is sustained unless  it is shown  that the letters
intercepted  were  addressed to her friends.
   Catharine S. Dwight—Lived in Adams, Jefferson county in  1857  and
1858; lived  in Belville; knew plaintiff and his  wife.   *   *  Budge.was
pastor of our church; my husband was elder  of it;  first knew them in
1850; he then lived in  Smithville, Jefferson county, six  or  seven miles
from Belville; he lived near there; I lived in Henderson,  four miles from
the church;  I was (then) unmarried.  *  *  Can't say whether  he was
there 1 or 2 years;  think he was at Rutland, Jefferson county,  some
20 miles from Smithville; he returned to Smithville;  was gone 3, 4 or 5
months: he  went to Camden, Oneida county; saw plaintiff (Budge) occa-
sionally when he came back from Rutland;  he  came to  Belville in the
fall of  1857; in Belville he lived about 50 rods from our  house, with his
family.  *   *  Her  youngest child was born  in Camden,  and was six
weeks old when she  came to Belville;  she was sick at Belville in 1858;
I saw Mrs. B. every  day or two after she came, and  up to her sickness;
she was sick two weeks  and then  he  took her to  Canada.  *  *  B.
boarded at our  house until 4th June; was in Kingston.   *   *  Left for
England about  1st ot July; he returned to our house 28th August.  *  *
He continued to preach at Belville;  saw his wife at  our house after her
return from  England in 1859.   *  *  After he returned from England
he boarded at our house till middle of next  February; he left, saying he
was going to Lyons  Falls; before he went  to Canada with wife, had a
talk with him;  he said he "was having a great deal of  trouble with his
wife; always had a great  deal  of trouble with her; they commenced
three weeks  after marriage; she was very jealous of him; she annoyed him
in various ways;  he  felt as though he could not endure it  any longer;
he thought he must avoid it by a divorce  or  in some other way;" ha
said " she had been the means of his removal from places where he had
3 
34
 been; he thought he would take her to luer parents in England, he could live
 with her no longer, and say to her father he must take care of her;" I told
 him I alwaj's supposed that they lived happily; considered her a very supe-
 rior woman; prayed him to be reconciled and told him instances in which
 I thought she was more considerate of him than other women;  I told him
 she had told me that when  she was sick she had  stand  and flat iron
 brought and she ironed collars for  him, as he was  particular  and girl
 could not suit him, even when she was unable to be about  hcuse;  I was
 at her house and she wanted me to  prepare something nice for dinner;
 she did not care for herself or children,  but wanted something nice for
 him; I  did it and she seemed to  enjoy it; I begged him to  look the sub-
 ject over and be reasonable to her and live happy;  he said he thought
 he never could; he tried to live pleasantly with her but could not; he
 told me her father disowned her on account of her  marriage;  that her
 father was a man in high position, wealthy; she was well educated and
 moved in high  circles; after he returned from England he told me of an
 affair that  happened,in his study; he said she had been troubling him in
 his study;  he became enraged and put his hands on her shoulders to push
 her down stairs; but thought of consequences  and desisted;  he spoke  of
 his trouble frequently; he said that after he returned from England he was
 often tempted to do something desperate; he said in case she should return
 from England he would be tempted to-go to Sandwich Islands or some where
 where he would never be heard of; he told me  he received a letter from
 England saying his  wife was very sick,  and  another might bring an-
 nouncement of her death;  he felt sad to  live with a companion in such
 way; that  if he should hear of her death he  could  not mourn for her;
 heard him speak of a divorce twice; he never intimated she was not
 chaste; I was  with Mrs.  B. quite frequently; often when  she and he
 were at home;  they were both at my house together.  *  *
  Csoss-examination.  *  *   Saw nothing in  his conduct as a  husband
 that'was objectionable;  he did  not  go with his  wife visiting.   *  *
 I saw him then at my father's 3 or 4 times.  * *
  D. Alton Dwight—Live in Adams,  Jefferson county.  First got ac-
 quainted with  Budge in  1850;  married in  1854;  in  1857 knew B. in
 Belleville;  was an officer of his church while he was there.  Our  family
 was very intimate.   I knew  she  (Mrs. Budge) had to work very hard to
 take care of her family; had a great deal to do; had a young child (six
 children in all); part of the time without a girl; my father was  a phy-
 sician.  *  *   Saw Mr. B. and her soon after she returned from England.
  *   *   In May, 1858, had a talk with  Budge a short time before she
 went to Canada, at  my  house.   He  said he  lived very unhappily with
 his family; he felt he could not endure it much longer, he  must be sep-
 arated from her by some means.   Myself  and  wife remonstrated against
 such a course;  I told him how people would  not  endure such a state of
 things.   After he returned from England, went to Watertown with him-
 he stated difficulties he had in his family, commencing soon after mar-
 riage and continued at intervals  ever since.   *  *  When he returned
 from England he said she came into his study to annoy'him, and he took
 her by shoulders to push her down or get away from her some way; the
 thoughts of the consequences deterred him from doing it.  *   *  He
 said he had often prayed he might not be left to do some awful thing.  He
 said she had often  annoyed him so  that  he  would  have to get up and
 walk the floor, and his head would feel as though it would burst.
  He said when in  Canada  he offered to carry daughter of one of
parishioners to her friends, and his wife objected.. *  * 
35
  He said his  niece came to visit him  in Rutland,  and he took her
around amongst his parishioners, and his wife made a fuss about it (and
girl felt so bad about it that niece left and went to Canada).
  He said she thought at a party that he treated other ladies better than
he did her, and she was so displeased about it that she treated the ladies
so that he had to leave.
  At one time  he  wanted to go to farm, and  she did not want him  to,
and  took hold of him and told child to call daughter  to  come and hold
him.  (He frequently said he would go to Sandwich Islands or some-
where where his family could never hear of him.)
  He was complaining of being absent from  his family, and I said (he
said) he was happier without them, and he said it was so.

  Mary B. Lyon—Live at Lyons' Falls; knew plaintiff;  I am a member
of his church;  became acquainted with B. in  1859 at my house.  *  *
Made it his home there until his family came.  *   *  Had a little talk
with him before his family came from England; he said he did not know
as he ought to have taken charge of the church;  he  was anxious about
her (Mrs. B.) state of mind or feeling when she came  back.  *  * that
it was difficult to  counteract her feelings when she was  in this peculiar
state of  mind;  he  said he had then trouble from her  friends in  England
and  told them he could not live in such a  state and take  care of  his
family;  he said he could not live with them (her) as his wife in the state
he had been; he said his life was so nearly crushed out of him he could
not  tend to his duty  *  *   He told them decidedly he could not live
with her as he had done and take care of his family;  he said  it was
'owing to her yielding  to her jealousy, and stated how  it developed it-
self;  Budge and his wife called on me several times; they came to  my
house three weeks after she came; I called my daughter  Mary; she was
then  seventeen; she (Mrs. Budge) said Budge had written  a letter to
Bellville with improper things in it; she said your daughter was writing
to Budge what was  not proper; I thought not; I called Mary and told
her she should speak for herself, and requested her to  bring a note which
I knew  she  had;  it was  shown  Mrs.  B.; she said  there  was nothing
wrong in that, and she must have written  something else; Mary said
not,  and Mrs. B. said she had;  it was of an improper character.
  I asked Mrs. B.  why she did not bring it to me if she had anything in
her possession of an  improper character;  and if improper, it  would
receive my attention at once; I  asked her if she remembered what it
was, and she said it was all  about  love; I asked  her for the language,
and  she said that it said she could die for him; think she said she found
it in his  pocket;  then Mary said, why Mrs.  B. I would not do  such a
thing—never did such a thing in my life; I asked her why she burned
it; I said, it enables you to make the charge, and  we cannot refute (it);
you ought to have brought it to me; B. says to her, "you have access to
all my letters;  I have left them so you would not be uneasy;  I have left
my letters when written so you could read them; you  have burned all
my correspondence, so that I have not half dozen letters of my  corres-
pondence in twelve years;"  I told her it was  wrong for her to take that
course;  B. said he  had written letters'to a  friend of hers at Bellville, and
had left it on table so she could read it; and " why do you burn  it up?"
she said she burned  it up because there was sentences in it which were
improper; I said to her, if it was the case, and should find in her letter
or letters to him  that was wrong, I  should  keep it; not let it be des-
troyed;  I said if she developed so on me I  could not respect her as  I 
36
otherwise would; I told her our interviews of that  kind would not be
pleasant;  had none with her after that.  *  *
  Re-direct—I attend his church now.  *  *
  The following persons for the defence testified as to the general bad
character of Mr. Budge :
  Alexander Row, of Bellville—in whose house plaintiff lived in fall of
1857.
  Q.—What was his general character previous to Feb. 10, 1860.
  A.—Bad.
  Leonard Kennedy, of Bellville.—Knew plaintiff when he first came in
1857; my acquaintance with B. was  as  pastor; I was member of the
church, part of the time elder;  prior to February,  1860, Budge's general
character bad. ,
  Nathan  Chamberlain, of Ellisburgh.—Knew  Budge; knew him first in
1857 in  Ellisburgh;  knew  him in Bellville; former  character  prior to
February, 1860, bad.
  Almanzor Converse,  of  Ellisburgh—Am member of  Presbyterian
Church, Bellville;  deacon and elder in it; I  attended church while B.
presided there; character bad.
  Virgil Warne, of  Ellisburgh—Knew  plaintiff;  got- acquainted with
him immediately after  he  came to Bellville; I  was a  member of  his
church;  his general character bad.
  Harlon  Buck, of Leyden, Lewis county.—Know Budge, and  hav^
since 1858.  *  *   Character bad.
  Walter Higby, Port Leyden, Lewis  county—Knew Budge, and  have
since spring of 1859; lived four miles from him;  his general character is
not good.
  Thomas Rogers (coroner,) Lyons' Falls, Lewis county.—Have means of
knowing general character of Budge before libel; Wis bad.
  Andrew Thomas,  Leyden, Lewis  county—know  Budge by  sight;
have mearis of knowing his character to some extent;  it is not good.
  Nelson Barknap, of Greig, Lewis  county—(Live)  6 or 7 miles from
Budge's house; have means of knowing his general character; it is bad.
  Newton Northam,  of Leyden, Lewis  county.—Know  plaintiff,  and
have since 1859; was member of Congregational church at Port  Leyden;
knew his character;  it was bad,
  Henry Northam,  of Leyden—Attended Budge's church 8 or 9 months;
am a Methodist; his general character up to fore part of February, 1860,
I should judge it bad.
  Isaac  Shell, of Collinsville, Lewis county—Sold  farm to Budge.  *  *
Had dealings with him;  his general character bad.
  Jesse T. Gould.   *  *  I was at home on  the  evening Budge came
there (to my house;)  *  *  He fhen asked my daughter for letter; she
said Mrs. Budge had given her a letter, and  he  said  if not mailed he
should like to get it; he said it was hard to  intercept a wife's letters,
but he was obliged to do  it; he had endured those troubles for the last
11 years, and if it  were not for his children he would not endure it six
hours; told girl to  get letter and  give him; she got letter and piece of
money and handed  to him;  daughter said Mrs. B. was passing;  he said 
37
"I warrant it is;" daughter says, "what shall I say I have done with the
letter?" and he said, "tell  her you have sent it;" Mrs. Budge came in,
and  said, "I did not expect  to  see  Budge here this  evening."   *  *
After Mrs. B. sat down  she turned to Emma and  asked if letter had
been sent, and Emma said  yes;  wife  said, yes, it is gone;  Mrs. Budge
said she was glad  of it;  it was so much trouble for her to get a letter to
her friend.   *  *  She said she was troubled a good deal with her head
feeling so bad;  wife said she had headache; Mrs. Budge said it was not
headache—that she could endure; she spoke of Budge's being gone so
much.   *  *  Budge started (for home) saying  nothing to Mrs. Budge;
went to Budge's Wednesday  or  Thursnay evening of the same  week;
Budge in dining room; asked  him how his wife was;  he answered me;
I said  it was a hard case for a person to be  in that condition referring
to; he said he did  not consider her crazy; she would take one mistaken
idea and look at it until she would  become distracted;  he  said her last
sickness teas caused by his being out  rather later than usual, and she  said
she would not sleep that night and he should not; she kept him travelling
from room to room; that she threw the  candlestick at him,  and kept it
up until 6 A. M. ;  then she got so exhausted that she lay down and got
an hour or two of sleep; he said such  a  state  of things could not be
endured always; he said he never would have taken that mission if he
had supposed she was coming back from England; that these things did
not affect him in Bellville as here among strangers.
   Cross-examined.—After Mrs. Budge said it was the strange feeling in
her head, she added if it was not for the little ones she would not wish
to stay; she said that the noise of the children troubled her; she wanted
Budge to send them to school, but he  would not; she said she only cared
for her children,  and if it was not for  them  she would not care to
stay.
                   Plaintiff's Rebutting Evidence.
   The plaintiff, Mr. Budge, called a number of witnesses to sustain him-
self upon the question of character, the substance of  whose testimony
was, that  they considered his general character good, and had heard
nothing against his moral character, previous to the publication of the
alleged libel.
   WUliam J.  Olmsted*  physician  and  surgeon—Saw body;  it was in
parlor bed room; I was  there; I was sworn on the inquest, and at Rome.
*   *  There was blood in the wound; it was clotted.  There were small
clots inside the wound;  head a very little turned  to right, and a good
deal imbedded in pillow;  blood on both right  and left sides of neck;
right hand bloody; considerable blood on sleeve of right arm;  some part
of sleeve very bloody;  as it went towards elbow lighter; presented a
matted appearance;  it extended to elbow.  The upper  spots on sleeve
looked  like soaked spots;  think they extended  above elbow; did not
cover  the whole surface of the  sleeve; stains of blood  across fingers,
between second and third joints; some on balLof hand.  It was my im-
pression there was  blood between the fingers as far as I  could see
between them; some  spots of blood on sleeve presented round appear-
ance;  some from size  of five cent piece to a quarter; some were oblong
or elongated;  the  blood had flown down under the right shoulder and

  * On the trial of the slander suit of the Rev. Henry Budge against Hon. Caleb Lyon, pre-
viously spoken of, the family physician was again sworn.  This time however he was sub-
poenaed by the plaintiff Budge, and hence becomes witness for him. I will, therefore, quote
»U he says, as taken from the notes of the presiding Judge (Mullen) verbatim, as far as they
refer to the medical points in question. 
38
 toward  right  sleeve; the. spots  were  elongated toward elbow.  * *
 There was blood on  neck above and below wound and on chin; blood
 was on  neck below wound an inch or two; some blood on binding of
 under clothes; cannot  say which garment.  *   *   Hair behind very
 bloody;  bloody by her twist,  i. e. knob back of head; clotted  blood on
 each side of wound,  particularly on right, and extended from 2 to 4
 inches;  it was a clot of blood.
   There were specks or spatters of blood on the face;  where located can
 not say;  most very minute; some round and some elongated.   *  *
   Cross-examined.   *   *   Not certain as to  blood between fingers of
 right hand; saw no blood on left hand nor on night gown.  *   *  Can't
 say positively there was any spots of blood beyond  3 or 4 inches  from
 the neck.  *  *  Spots on face small; size of shot.   Blade of razor not
 entirely covered  with blood; think as much as 1-3 from edge up;  blood
 extejided from wrist of night gown 4 to 6 inches, and I now think more.
 *  *  Bed clothes  smooth; considerably more blood on right than left
 side of neck.  *  * Discovered blood on upper sheet 4 to 6 inches wide
 and 10 inches long, in front of person.
   On this his seventh examination, while being examined on the re-direct,
 Dr. 0. remembered that while the feather bed was being carried out by two
 persons,  he " placed hand  under part that  sagged most, and my hand
 was stained with blood."
   Now it will be seen that there is little variation in this statement, and
 that it is essentially the same  as that laid down in  this paper, and not-
 withstanding some effort was made to show more blood, it fell short of
 the mark—since it  could not be proved that any blood passed through
 the feather bed, as  was evidenced by the straw  tick and boards to which
 it was subsequently removed—one side of feather tick only was bloody,
 showing that the blood had not run  through, and there was no bloody
 feathers in the bed except at most a clot of blood and feathers as large as
 a quart mug, and a small stain on the lower side of feather tick.
   Instead of giving all the medical evidence for the prosecution, I pre-
 sent that of Doctor Olmstead, and  refer the reader to statement of Dr.
 Ciark, as to the condition of Mrs. Budge's body, bed, and  body clothing,
 stains of blood, &c, as presented to the Academy of Medicine, Dec. 18th,
 1861.  It is as follows:
   " A woman is found in her bed of a morning with her throat cut,  lying
 upon her back, a little turned to the right;  her  head turned a little more
 in the same direction than  the body.   A considerable quantity  of blood
 had flowed from the wound upon each side of the neck ; most upon the
 right.  She was lying on the left hand pillow near its right extremity.
 There was sprinkling of blood to a limited extent ; some upon her face,
 in the curls of her hair, on the right hand pillow at a distance of about
 two feet from  the wound, and  on the left hand pillow at a distance of
nine inches to a foot.  The knot of the hair at the back of the head was
 saturated with  blood, clots  of considerable size were found along  the
right shoulder,  and blood had flowed  down  to the hips and had entered
the feather-bed, so as to saturate a considerable spot at this place, i. e.
in the  position of the hips, causing a sensation of weight to the  hand
placed under the bed, and moistening the hand with blood.
  The quantity of blood lost could not be accurately estimated, but the
 bed, after it had  been  exposed  to the rain* and weather for  several
  •Any one familiar with a northern winter knows full well how little rain falls in December
 and January; there is a little rain, but not enough to wet a feather-tick  hanging astride a
fence; and if wet through it would only have diffused  the blood instead of leaving all th»
feathers but the clot entirely unstained with blood. 
39
weeks, still contained a coagulum with feathers which was compared in
Bizc to a duck; another  coagulum was found in the feathers of the left
hand pillow about the size of the fist.  One or two clots, compared to
the size of the two hands, were found upon the surface of the bed.  A
spot  of  blood about  nine  inches in length, and  of less "width,  was
observed upon the sheet turned down over the body near to the hips;
and some spots of blood were noticed in the blankets under the sheet.
  The right hand was lying by the  side, the arm somewhat bent at the
elbow, and the hand  at a distance  of about six inches from the  hips.
Under the wrist  and hands  was found a razor, partly open and partly
covered with  blood.   This hand  was bloody, but not covered with blood,
more in the inside than on the back of the fingers.
  On the left hand a few spots  of blood are described at the ends of the
fingers.  The curls which had been  put up for the night, were not ruffled
or  in any way disturbed.  There was no scratch, or  abrasion, ecchy-
mosis, or other  mark of violence upon the face, hands, or any part of
the body, except the cut already referred  to.
  There were marks of bloody fingers on the face, described as if begin-
ning  on the left  side,  and drawn across the nose,  but so vaguely des-
cribed, that it could not be  determined whether they were made by the
right hand or by the left.  Marks of bloody fingers were  described on
the inferior and left corner of the right hand pillow, and also on or about
the middle or centre  of the  same pillow.  When,  however, the pillow
tick,  produced in court, was  seen to be sprinkled  with blood at about
the same spot, a question was  raised whether  these  latter marks were
produced by sprinkling  or by the hand.*
  The woman had not removed  her drawers or  flannel petticoat, and the
night dress was turned down from the neck.  Little or  no blood is des-
cribed as seen on the chest below the upper edge of the  flannel dress,
which was under the night gown.
  The cut in the  neck was five  inches and a half in its  curved measure
and three inches  in  its direct length.  It  began on  the  left side at a
point nearly opposite the cricoid cartilage upon the  sternocleido-mastoid
muscle near its posterior border, passed  directly inwards towards the
centre of the neck  and  in the line of a radius from that 'centre to the
depth of about three-quarters of an inch; it then swept over the fifth
cervical vertebra, shaving off a small portion of the transverse process,
passing  over the body of the  vertebra, penetrating its  covering and
making a slight impression upon the  bone itself, and from that passing
out in a direct line on the right  sterno-cleido-mastoid muscle, cutting the
inner portion of the muscle, and extending half an inch  in  the  skin
beyond the parts of the muscle  cut—-in other  words passing, outwards
nearly in a direct lateral line.  The  left  extremity of the incision was
three and one-quarter inches below  the lobe of the ear,  and  the right
extremity three and one-half inches below the corresponding  point on
that side.  The cut had  severed the cricoid cartilage and all the muscles
in its track, together with  the deep jugular  vein, the pneumo-gastric
nerve, and the carotid artery on each side.

  * It must be,remembered that these pillows remained in the possession of the prisoner and
when the second  inquest was made nothing was said of them, and when it was found that
blood stains were of some importance, a pair of pillow ticks were produced in court.  They
suddenly find, after the expiration of nearly two years, that when "the pillow tick, pro-
duced in court, was seen to be sprinkled  with blood about the same spot," (as mark described
as of the bloody hand,) the question naturally arises, who sprinkled them with blood T
evidently it was not found there at the time of the death of Mrs. Budge, since all the reliable
witnesses agree that  there were no stains of  blood on the right hand  pillow except such as
would be produced by being clutched with a bloody hand. 
40
  The bed was four feet and four inches in width, and stood in the cor-
ner of the room, so that the  head of the bed was against the wall and
the right side of the bed  also  against another wall.  The  room was
about seven feet wide  and nine feet long.   In the  space between the
bed and the wall  on the left side,  at the  head of the bed, was a stand
about two feet and one  half in length and eighteen to twenty-four inches
wide, on which were found a tumbler, vials, and other furniture in order
and undisturbed.  The  cut appeared to have been one incision.
  Two important facts are yet to be stated.  The  right sleeve of  the
night gown, buttoned  at the wrist, was  bloody on the part looking
toward the body.  Between the wrist and elbow a part of the sleeve
was "soaked"  with blood,  and near  the elbow was a sprinkling by
drops, which were elongated towards this joint.
  The other fact is this, while women were " laying out the body," one
of them lifting the arm of the dead  person, saw bloody froth or rather
large blood bubbles rise from the trachea into the wound.   Interested
in this occurrence, she again lifted the  arm with the same result.
  A coroner's inquest was held, and the woman was buried  under the
verdict of suicide.   Four months after this, on the 10th of  April, 1860,
under the suspicion of murder, her  body was exhumed and a post-mor-
tem examination made.   The body was found in a good state of preser-
vation.  The lungs were reported as congested and engorged with blood.
Bloody fluid was found  in each pleuritic cavity, estimated at five ounces
on the left side and  eight on the right.  The lungs were slightly adhe-
rent, otherwise the}7 were healthy.  The heart was empty and sound in
every particular.  The  brain exhibited no  appearance of any disease,
but had undergone considerable change from decomposition.  All  the
other organs examined were found healthy and free from blood.  The
stomach and intestines were reserved for  chemical  examination.  The
tongue opposite the molar teeth was found to be ecchymosed in a space
on the left side about one inch in length and somewhat  more than half
an inch in width.   On  the  right side was a similar spot of about one
half that extent.  In the right  lung were several  spots of pulmonary
apoplexy.'-'
  Evidence of Henry Budge, plaintiff—Married in  Plymouth, Devon-
shire, England; I  was engaged  in clothing and dry goods business;  sti£
was an assistant in the same store for her brother-in-law; her father sail
maker in dock yard at Davenport.  I was  19 when married;  she was 26.
Continued in same business about a year;  married in 1846.  I had given
and was then giving my attention to preparing for the ministry. I then
went to London, and she came in about two weeks.   I completed pre-
parations for ministry;  spent a year in London; I got credentials there,
and was accredited to the Canada Conference. *   *   I went to Canada
to Ottawa.  *  *  Next went to Prescott; took family; were there one
year.  She attended me one afternoon on a visit  to an aged couple; had
religious service;  they had aneice; I had not  seen her  before.  On
leaving, my  wife asked me  if I  had been there  before ; my wife
asked me if I had  seen  girl  before; I  said no; she thought I took
too much interest  in her.  Called at Mrs. Frazier's  and Mrs. Frazier
asked what occurred the day  before ; and learned that  Mrs. Budge
had been there; and Mrs. Budge said she had been to Mrs. Frazier's and
was treated so shamefully that she could not stay another day, and called
it a cursed country and wanted to go back. I asked her to  wait till end
of year; she wanted her trunk  packed, and I helped her.  I went with
her to my sister's  at Kingston, and staid two weeks.  Returned to Prea 
41
cott and resigned my place;  went to Kingston, and she wanted me to
stay there; I said I could not as I  was in the  ministry and wished to
remain in it.  She prevailed on me  to  take house; I took two rooms;
sold books;  remained in  house two weeks.  Talked with her and  she
said she wished to go home;  I said  we would go to hotel and stay, and
take boat; we did;  procured cabin passage by aid of Dr, Jenkins; told
her she had better go home and I would stay and resume my ministry,
and she could return if she changed  her  mind; became agent of the
British and Foreign Bible Society.   I started  and was gone on my tour
three months.  When I returned I found Dr. Jenkins had received letter
from captain of vessel, saying that Mrs. B.  had left them at Nova Scotia;
I took measures  and found her at Nova Scotia.  While preparing means
to send to her, I received a letter from her; it stated that she refused to
go home;  was very poor  and wanted money, and said she would like to
come back;  I sent $40 through the  post office.  She came to Montreal
by way of Quebec;  furnished another house and remained with her till
end of year.   She asked  me if I would prefer to resume ministry.  * *
I resumed my charge in ministry; came to  Ellisville.  *  *  She wanted
to come to the States, as her conduct had affected her standing in society.
Stayed at Ellisville  and Rutland by request of the  people; was there 9
months as minister, and 3 months I was sick.   *  *  While at Rutland
my niece visited me to spend a few weeks.  I proposed to wife to call
with niece on some  families,  to make it more pleasant  for niece; took
her and returned ?\bout 5  P. M.   Mrs. Budge asked us if we  had a  fine
time; she doubled up her fist and said, "You shall never come to me again—
never will I have a child  by  you."  Took niece  to Watertown and  had
her sent home; then went to Smithville to preach.   *  *  Stayed two
years and three months; then went to Camden and stayed two years.
Towards close of second year, she  asked one day if I was exchanging
glances with  young lady in choir; I said no; and she refused to receive visits
of young lady or her family.  *  *  Returned to Smithville;  went from
Smithville to Bellville.  *  *  Left for Canada in about  7 months.  * *
One Sabbath when  I returned from church  I wanted tea;  she wanted me
to remain; I went and returned; found house locked; kept out an hour;
I asked the reason,  and she said I had no business out.   *   * The next
morning I was  going out and she  got  into door and stopped  me  and
called to men to stop me.  *   *  The last  part of our stay at Bellville
she put her hoop skirt outside her dress and danced about; threatened to
kick me.   *   *  Took her to Canada.   *  *  We all went to England.
*  *  Arranged to  leave her in England a  year.  *  *  I came back to
Bellville.  *■  *   Next went to Lyons  Falls.  *  *  One day  in Pres-
cott was preparing  sermon for funeral;  she came in and asked me if I
was going to such a place; she said I was  not bound to go, and wanted
me to leave; I wanted her to leave;  she refused and began to broom the
room; I told her I would  put her out;  took hold of her arms and pushed
her back,  and she fell and got hold  of my  feet; I got feet from her  and
then put her out and locked the door.  That was the only time 1 ever
put my hands on her.
  When I first  went to Lyons' Falls,  went to L. R. Lyons'; I preached
two Sabbaths before I was called.   *   *  Went to Smithville,  and  met
family there.  *  *  Went back to  Lyons' Falls; returned again in a
week; she made  a bed in a closet on floor, and she went into other room and
slept with children;  did not lodge together after that.  *   *   Brought her
to Lyons'  Falls.   *   *  About two weeks before death  insanity devel-
oped itself  to  my  conviction.  *   *  In August she was extremely 
42
religious, and her manner peculiar in worship, and talk in prayer; went
into her room and asked her what she would have; she said her Heavenly
Father was going to take her, and wanted me to pray, but  not for other
women; and I prayed as well  I could, and she said she would show me,
and did.   *  *  The next was at  the transaction when she was in cel-
lar and afraid of devils.   *  *  She locked me out and I slept in barn.*
   "One week ago last Tuesday evening, on  my return, from Port Ley-
den, where I had attended a regular meeting  of my church, I was  met
in a similar manner to that above mentioned  at Bellville; I proceeded
to  my  room,  *  *   stating at  the time  that I  was very tired and
needed  rest.  Her  remark was, "You shan't rest  in  this house  this
night," throwing, at the  time, a pair of scissors, which passed close to
my head,  and struck in the wall over the bed;  feeling a little alarmed, I
came out into this  room.  Finding the key was taken from the door
which prevented me any seclusion, I  urged her to  retire, that the chil-
dren could not rest  (closing the door while speaking); she, at the time,
saying they shouldn't sleep, nor nobody else  that night in this house;
about this time a candlestick and  lighted candle was thrown at  me by
her, that was followed  by my watch, which was also thrown at me; the
children, some of them, at this time had risen from bed, and I proceeded
to their room, bade  them retire, and closed the door—remained near it
until the clock struck six the next morning.
   *  *   During the night she was continually talking  in  an excited
manner; some part of  the  night sitting at the stove; she tore the hair
pins from  her hair,  and threw them  at the stove,  and dishevelled her
hair.  *   *  Last night, (the night on the morning  after which she was
found dead,) when  I returned from Turin, abouj dark, she again ques-
tioned me closely as to where I had been through  the day, and  what
doing; I answered those questions, gave  a full statement and my busi-
ness at Turin; about this time I left  the house and called at Jesse T.
Gould's a short time after, she (Mrs. Budge) came in; the conversation
was general; after  my return home in  her  company, I found she had
gone again to call  on Mr. Shepard; I remained reading  in  this room
during her absence; when she returned, she heard my little boy ask me
the order of  service for to-day, how many appointments I had: I stated
I was going to Constableville at night; this displeased her, and led to
complaining remarks.   *  *  About  half-past nine went up stairs to
my bed,  and did not see her after that;  this morning, by five and a half
o'clock, in company with my two little boys, came  down stairs, lighted
the fire in this room  and in the kitchen;  then proceeded  to my study,
while there I heard my little girl cry out very  loud; I came down stairs
to enquire the cause;  she  says: "Oh! pa, ma is dead!"   I  asked her
how she knew; she satisfied  me; I said, "Call  Mr. Shepard;" Mr. Shep-
ard and Eli came in, and I asked them to go and look, and they said it
was so;  my little girl  came to me  at the barn last night, and stated that
"ma had given Emma Gould a letter to somebody, and I told her that ma
was going to make trouble, and  wished her to  keep that letter for you;"
when at Mr. Gould's  I  asked  if  I might be allowed  that 'letter, and
Emma delivered it  to me; I found it  was addressed to her sister  in
England;  / have never  intercepted a letter to  her friends  before.   *
   *  *   *  My reason  for  doing it  now  was because  of threats,
  * It may not be improper here to add a few extracts  from the evidence  of the wit-
ness, Mr. Budge, as given by him before Coroner Rogers upon the first inquisition, and as
read in evidence before the same officer upon the examination of Mr. Budge upon the charge
of murder, we feel no hesitancy in doing  this since this evidence was read from the original
minutes on the trial of the libel case. 
43
that if people  wouldn't believe her  here  she would expose me  where
people  would  believe  her; she  had taken  some  verses with  music
attached from my desk, which  I had  received from a niece in Canada;
she insisted that it was from some one of my lady  friends; would not
take my word; supposing that these verses  were in that letter,  as she
had threatened to send them with her usual interpretations, I opened the
letter;  the verses were not inclosed, but the fact was stated therein that
she had got them;  other comments about my going to Constableville,
and other places out of my immediate parish,  all tending to misrepresent
me and the truth;  I threw the letter in the fire; she stated, also, in the
letter, "Such is my misery here where  I have no friends, that I sympa-
thize  with pieces I  read in the  papers of persons who commit suicide;"
she did not know anything that the letter had been burned; she did not
ask about it.   *  *  I heard no noise during the night; I never knew
her  take  any  instrument  indicating that  she designed  to commit
suicide."
                 Substance of Judge's Charge to Jury.
   Causing libel to be printed in Albany, in which  Taylor or Atkinson
participated, was a publication.
   The defendant caused the libel to be printed.
   The defendant, having the sole  custody of the printed libel, is liable
as for a publication, if any one or more of them get into circulation by his
act or  neglect; and being found in circulation,  it is incumbent  on the
defendant to show  that such circulation was not by his act or neglect.
   If the mailing of the libel was the act of some third person, in which
the defendant did not participate, he is not responsible  for this publica-
tion;  but if he so participate he is responsible.
   The libel is  to receive a'reasonable  construction, not a strained one,
either to charge or discharge the defendant.
   Does the libel charge upon the defendant the crime of murder ?
   Does it contain any charge  holding  the  plaintiff up to public notice,
ridicule or contempt ?   If so, it is actionable.
   Does it accuse him of criminal  intercourse  with other women ?
   The defence has  undertaken  to justify the charge  of murder only.
   To establish his defence  he must prove beyond a reasonable doubt
that Priscilla Budge was, on the  night of the 10th December, 1859, wil-
fully  murdered by the plaintiff in this case.
   He further insists, by wa}' of defence, that the circumstances attending
the death of 3Irs. Budge,  were such  as  to show that  the  defendant in
making the charge was without malice.
   If the justification is established  the defendant is  entitled to a verdict
in his favor.
   If the latter defence is proved, it does not entitle him to a verdict in his
favor;  it merely mitigates or lessens the damages.
   The first question  then, is whether on  the evidence  it is established
beyond a reasonable  doubt that plaintiff murdered his wife.
   To  establish this defence the defendant relies on the following propo-
sitions, which he insists the evidence demonstrates:
   I. That Mrs. Budge was sufocated or strangled  before her throat was cut.
   II.  If not, some person other than herself inflicted the fatal wound.
   III. That the plaintiff did commit the crime.
   1st. The plaintiff and his  wife  lived unhappily, and the plaintiff was
the offending party; omitted to cohabit; while she was incapable of doing
labor she was  left  to perform it, and no hired help employed to relieve
her. 
44
  His declarations as to violence to her, and that he could not or would
not live so.
  Does the evidence satisfy you that the difficulty which existed between
plaintiff and his wife had so far alienated his affection from her as to
induce him to desire her death.
  If so, then it is a circumstance of great significance and requires the
jury to examine the other facts  attending the crime, as pointing to the
person guilty of the offence,  if one was committed.
  If he was not the culpable party, then it loses its significance so far as
the difficulties may have  agency,  if any, in inducing hirn to commit the
offence.
  2d. The position of the body, bed and clothes, were such as indicated
the act  not to  be hers.   Convulsions attend hemorrhage and this would
derange bed clothes.
  3d. The cut was one which Mrs. B. herself could not make.
  4th. It is alleged that  she was suffocated before the wound was in-
flicted, and this, they say, was  proved.
  1st.  By ttie small quantity of blood found.
  2d. That if the large arteries  had  been cut in  life the blood would
have been found scattered over the clothes  and walls.   (Swinburne.)
  3d. In case  of suffocation, one or  both lungs  become gorged  with
blood, and that such appearances existed in this lung in this case.
  4th. That it was not by hemorrhage.  (Swinburne.)
  1st. No evidence of convulsions.
  2d. Eyes and mouth would be open.
  3d. There  was  not as much blood as would be discharged in  such
Case.
  4th. That it was not scattered as  it would  be  from the arteries of
throat if cut with the heart beating.
  The evidence on part of the plaintiff,  on this point, is by Drs. Clark,*
Hogeboom, Coventry, and Thomas, who testify in substance:
  1st. That the cut could only be made from left to right and could be
made by her.
  2d. That  they knew of no way in which  it could be done by an-
other.
  3d. That the blood when  arteries are cut would be discharged against
upper wall of wound and would not be scattered about.
  4th. That she did not die  by  suffocation or strangulation.
  5th. That  she did die by hemorrhage.
  6th. That in case of death by hemorrhage,  the heart and vessels  of
the  circulating system would  be empty and  would be  pale.  That  in
this case they were empty and  pale.
   7th. That in case of death by suffocation or strangulation, the  body
would exhibit  external marks and the lungs would be  congested, as
would the tissue under the scalp  and under the pericardium.
  8th. She threatened self destruction.
   9th. She was insane.

                       Mitigation of Damages.
  If a publication is proved the law implies malice.  But the amount of
damages will depend upon  the degree  of malice  which influenced  the
defendant in writing and publishing the libel in question.
   This malice is evidenced:
   1st. By the matter of the libel.
                                                       i
  •Dr. Alonio Clark, of New York city, Drs. Hogeboom, Coventry and Thomas, of Utica. 
45
  2d. By the extent of the publication.
  3d.  The good or bad character of the plaintiff, (Budge.)
  4th. By the actual injury done  to the party, and  to this the jury may
add damages by way of punishment.
  Malice being of  the essence of liability in cases of libel, it is competent
for the defendant to  show that he was  not actuated by it in writing or
publishing the libel.
  The absence of malice must appear,  as  a general thing, from the facts
and circumstances existing at the time of the publication.
  The fact that  the defendant, at the time of the publication had reason
from the facts and circumstances, existing at or before the  publication,
to believe the plaintiff was guilty of the acts charged, he would  not be
thereby relieved from liability for the  damages which legitimately and
naturally resulted from the publication;  but it would relieve  him from
any liability  which  the  existence  of actual malice would justify and
require  the jury to give.
  The bad character of the plaintiff is legitimate evidence in mitigation
of  damages,  the action being for injury  to character; defects of char-
acter would,  properly and legitimately, reduce damages.
  If the jury find  the publication (proven)  and that  there  is no justifi-
cation, and that the defendant was actuated by  express  malice they
will give such measure of damage  as  will fully compensate the plaintiff
for the  injury done  his  character,  and  such further damages as  will
punish the defendant for the infliction of the injury.
  If the justification is proved, then the plaintiff is entitled to  like damages
for the injury sustained by reason  of the other charges  against him in the
libel.
  If they find the justification not proved, but no actual malice, the
plaintiff will be entitled to the damages which naturally  followed the
injury to his  character.
  After hearing the arguments of counsel for the respective parties, and
the charge of the  court,  of which the foregoing is the substance, the
jury retired,  and upon coming into court, rendered a verdict fur the
plaintiff for the sum of $100*

                          Body—Its Condition

  Dr.  Clark  as medical  counsel  for Mr. Budge, relies  on the following
points for proof of death from hemorrhage :
   "I should be confident in expressing an opinion thatf the condition of
the body of Mrs. B.  externally, J the absence of marks of violence upon

  •It will be seen by this olause of Judge Mullen's charge that there were in the libelous arti-
cle other ofTenoes besides that of murder charged against Mr. Budge, and, Quere—may not the
verdict for one hundred  dollars have been rendered for the plaintiff by the jury, in accord-
ance with the instructions given in this branoh of the charge, as compensation for damages
sustained by reason of the other charges in the libel, for which no justification  or explana-
tion was attempted by the defendant ?
  t  Externally, the  body was mouldy when he made the examination, and there was no
careful inspection at the time of death, henoe he could not well make this statement.

  J  We do not know whether there were or were not  marks on the body, and since "opening
of the jugulars would remove many of the marks" we should not  find them (had they existed
at the time of death) 22 hours after the throat was oat (in death  by suffooation or manual
strangulation) see death by hanging, garroting  by  Thugs, or a handkerohief twisted
tightly about tho neok. 
46
it * the character of the wound in the neck,f the condition of the body
internally,! the emptiness of the entire circulating system and absence of
blood, together with the other appearances and condition of the organs
and parts," enable  to  state  that  "she  died from loss of blood beyond
a doubt."  Now to  substantiate this, (ignoring entirely the  condition of
the lungs,  the left of which weighed nearly 13 ounces, instead of 4.50
ounces;  the right weighing 17 ounces  instead of 5.50 ounces; also the
all-controlling fact that there could not have been more  than  2 pounds
of blood  lost, while  she, from his own statement, contained 25 to 28  lbs. of
blood, two-thirds of which(15 to 18 lbs)should be lost:) he makes the follow-
ing statement^  There was "no part of body in which blood had settled
—no  difference between back and front of body as to color."  "If there
had been blood in  it (the  body)  the  blood  would have settled  to the
back."(M.)  "This  would have been  obvious  after four months." (T.)
"Examined veins, arteries, heart,  aorta, colon, bladder ^and  vagina,  all
these with the uterus (were) bloodless.  *  *  Examined arteries there
(in pelvis) ; they were pale and  bloodless;  if blood (was)  left in  veins
and arteries it would have been found there;  if blood had  been driven
out   *   *   (of them) by gas  generated  by decomposition, the arte-
ries  in  (such) case (would  be)  stained  arising  from change of (the)
blood."
  With reference to this remarkable statement I shall characterize that
portion which has reference to the blood vessels (where decomposition
is tardy) as untrue  and intended to mislead the jury and profession, and
is not borne out bjr experience.   The veins  and  arteries  are not left
abnormally red where  the change  goes on slowly as  it must have done
in this instance, where there  was no appreciable change in the muscles
or other tissues except brain.   On  the  contrary, where  the change
goes on  rapidly as it does in  the fall, late  in the spring or summer, then
I conceive*we might have this  discoloration to a greater or  less degree;
and as to the condition of the body of Mrs. B. externally, the absence of
marks of violence upon it," M.  I have  only to say  that  this  body did not
decompose and inflate with gas in the tissues as they ordinarily do during
the warm season, but appeared normal except being covered with mould,
and hence he nor no other physician could discover bruises or marks had
they  existed  at the time of his  or our  examination,  while a careful
inspection at the time  of death might have revealed  as much and even
more  external ecchymosis as we found internal, and hence the inconsist-
ency of this assertion.  As to the other points I will discuss them all  in
another place, except the condition of the capillary system of the  body,
  * There  is no discrepancy as to its  character among the physicians who made the  exami-
ination.

 ' f Dr. Clark's colleague (Dr. Hogeboom)  agreed  with us as to the  ecchymoscd condition
of the asophagus behind  the larynx—also the  ecchymosed and chewed tongue was admit-
ted by all the parties. Dr. Clark and his associates assert that the  large, small, and even
capillary vessels were empty both in front and rear of  body.  They also differ from  us as to
the condition of the lungs.  We all  take same data  as to weight and density—only that
Doctor Clark states all the three pieces of right lung were apoplectic (circumscribed.)
  X Dr. Clark and his associates state that all  the vessels including the capillaries, were
empty front and rear.  We stated that the large vessels and heart only were empty, and as to
the stains of blood on body, bed, &c., we take the statement of their witness who saw the bed
and body at the time of death, (Dr. Olmstead,) and hence there can be no discrepancy on
this point.
  § Quotations from the presiding Judge (Mullen) all tf which  I shall designate in this  way
(M).  Judge Tremaine's notes I will designate  with a (T.)  The substance of both notes
are the same, but in some instances  one has given the  expressions  more in detail, so  that
I have chosen it in preference. 
47
 which he says was entirely empty, front and rear.  Notwithstanding
 the  assertion that "in every  person no matter of what he died, there
 would be  more blood  than natural in the  dependent  position." (T.)
 This last seems truthful and exactly in accordance with our observation
 t. e., empty—heart, aorta, and cavas—wb^ile  the capillaries of the back
 were engorged, showing  that the blood had been driven out into  the
 capillaries by gas, but  by a slow process  which does not produce  the
 discoloration spoken of, as a constant attendant on blood decomposition.
 He supposes this condition (discoloration of vessels) to be an invariable
 attendant on death when  any blood remains in the large vessels.   That
 this body did not bleed much there is no doubt, and hence the large ves-
 sels were full of blood at the time of death.  Doctor Clark  adopts  the
 following course of reasoning  to prove either that she did  or did  not
 bleed.  His arguments  are  evidently intended for either exigency when
 he says, "The heart could not expel all  the blood."
   "This, would arise from the fact that if the blood is below where it
 enters and discharges  (to and from) the  lung and there is no way to
 expel blood from the lung except the heart"  *   *  and its "last pul-
 sation  would  remain    *   *   The  parvagum  have a certain control
 over lung   *  .*  and when  cut lessen  number of  respirations and
 increase the quantity of blood in lungs." M.
   In reference to this point, Dalton, in  his Physiology, speaking of  the
 effects of the division of both  pneumogastric nerves alone, makes use
 of the following explicit  language:  "Immediately after the  division of
 the nerves (alone)  *   *   The respiration is hurried and difficult, owing
 to the sudden paralysis of the larynx and  partial  closure of  the glottis
 by the vocal  cords, as  already described.  This condition, however, is
 of short continuance; in a few  moments the  difficulty of breathing and
 the general agitation subside, the animal  becomes  perfectly quiet and
 the only remaining visible  effect is a diminished frequency in the move-
 ments of respiration  *   *  Death takes place at a period varying from
 one  to six days  after  the  operation, according to the age and strength
 of the animal; the only symptoms accompanying it are a  steady failure
 of the respiration, with increased sluggishness and indisposition to be
 aroused   *  *  The  immediate  cause of death, after this operation, is
 the  altered condition  of the  lungs  *  *  It is not at all certain, how-
 ever, that these alterations in the pulmonary tissue are  directly depend-
 ant on division of  the pneumogastrics, which is performed in  the middle
 of the neck.  The filaments of the inferior  laryngial nerves  are also
 divided and the narrowing of  the glottis  produced  by their paralysis
 must  necessarily  interfere with the free admission of air  into the
 chest."
   Now, when the carotids are both cut simultaneously with these nerves
 (pneumogastrics)  the blood is poured out rapidly and the animal or man,
 as the case may be, dies of hemorrhage and  hemorrhage alone, while if
 in conjunction with this, the trachea is  severed there is no obstruction
 and  the animal dies by hemorrhage, as before stated,  and still no  "con-
 currence of suffocation," with  "hemorrhage," since death takes place
 before this ("concurrence") can  exist ; and  as to  the influence on the
lung (in Dalton's  experiments) it is  induced by closure of the glottis.
Cutting of the trachea, however, obviates this.   The 2d  condition in
Dalton's experiments,  is the gradual  consolidation  of lung tissue; this
cannot take place  when all the parts are cut simultaneously, since the
person is dead and cold  long before such consolidation can take  place,
while Prof. D. makes no mention  at all of the heart's being affected  by 
                                      48                                      \


these nerves.   Still farther, Dr. Clark states that "cutting the parva-
gum, Carpenter  says will  not  disturb the  regular  beats of the  heart,   »
(and) I concur in that."  In another paragraph he states, " cutting the par-   1
vagum nerves makes the pulsations of the heart quicker and weaker," M    ^
while the truth is, that where all the parts arc  cut (anterior  to  the ver-
tebrae) simultaneously, it does not affect either the heart or lungs.  Further
on he states as an additional  reason for the  small amount of blood  lost,
that the " heart would cease to beat in perhaps 30 seconds after both of
the carotids are cut,"M   Now, taking 15 beats to the minute and 1| (the
data claimed by Mr. Budge's counsel) ounce expelled at each pulsation,
would make a little over 3 lbs. of blood  lost, instead  of 25,  his data of
entire emptiness of the  capillary system.  This  even added to the fol-
lowing statement that death is often produced " by the joint concurrence
of asphyxia  and  hemorrhage,"* M  and there  would  still of necessity

  * I add this to show what kind of cases Dr. Clark has to resort to show this "concurrence."
One at a glance can see the deception practiced in offering these cases as the counterpart of
the case of Mrs. Budge—when  all the tissues anterior to the vertebrae were severed and hence
this " concurrence" cannot take place.  I quote all he says on the  subject.   (See Academy
ef Medicine Bulletin, page 336.)

                   "suffocation and hemorrhage concurring.

  " The fact that suffocation may occur in cut-throats seems to have attracted but little at-
tention from medical jurists, yet the faet is distinctly announced by several authorities, and
is recognized in some of the reported cases.   This may occur in either of two ways :  by the
retraction of the trachea, and its obstruction by the soft parts, or by the filling of the trachea
with blood from the wound.
  " Briand and Chaude (Legal Medicine, p.  309) state that if the  trachea alone is cut, the
inferior end retracts into the soft parts, the air no longer penetrates to the lungs,  and death
occurs from suffocation; if vessels are wounded at the same time, death is produced by suffo-
cation and hemorrhage.
  " Orfila (Legal Medicine, ii. 506) states,  "when the trachea is completely divided, the
inferior end is retracted and hidden in the neighboring parts, and the person dies of suffoca-
tion."
   " In the case already referred to under the head of sprinkling observed  by Adelon, Dubois,
Boyer and Rami  (Annates d'Hygine, xv. 394)  these observers all  recognize the fact that
the blood will flow into the trachea and cause  asphyxia.  It is stated in  their case that the
trachea was retracted one inch, and that blood was found in  the air tubes  and assisted  in de-
stroying life.  The lungs were  much engorged.  In a case recited by Devergie (Legal  Medi-
cine, ii. 117) homicide was committed  by cutting  the throat with a pair of scissors, The
trachea was completely divided, as was the vertebral  artery. Death was  produced  by
hemorrhage and asphyxia, blood being found in the bronchial tubes.
  " In the case of the great wound already referred to, reported by the same author (Annates
d'Hygitne, 418) it is stated that "the blood was introduced into the right bronchus only, and
had penetrated into the last ramification of the tube; nothing similar was observed  in the
left."
   " In Leuret's case (Annates d'Hygiine, v. 236) already cited, that of the officer who cut
his throat with embroidery scissors, the trachea and right  carotid  artery were  completely
divided, and the left jugular vein and oesophagus partly, and blood  had  penetrated into all
the air tubes.
   " In a case of homicidal cut-throat reported  by Bayard (Annates  d'Hygine,  xxxix.
433) the trachea and thyroid  arteries were divided  and  the  trachea and bronchi were filled
with frothy blood, and the lungs were congested.
   "The  fact that death may occur in this  manner, and that asphyxia may play an im-
portant part in cut-throats, through blood introduced in the manner here  indicated, is recog-
nized by Taylor (p. 296).   He says, if in case of a wounded throat, blood should flow into the
trachea, it may cause death by asphyxia.  In the case under consideration, the opinion has
already been expressed that blood did in this manner enter into tho breathing  tubes and
lungs more upon the right than upon the left side; and while it is admitted that this would
be a sufficient  cause for engorgement of the lungs had such engorgement really existed,
the statements already made show that the quantity of blood  contained in these lungs was
really less than is usually found in death from common causes; at the same time it is alto-
gether probable that these organs contained  a larger quantity than if the person had died
from wound of the carotid arteries without opening the wind pipe."  (See note A.)

  Note A.—Careful experiments show more blood in the lungs of animala slaughtered by out-
ting the wind pipe simultaneously with the arteries, by transfixion  of the neok (leaving the
wound valvular) than by cutting all the tissues from without, inwardly. 
                                      49


foe a large  amount  of blood remaining  in  the system; hence,  (on  his
theory) the body could  not be " entirely emptj', front and rear,"  and
" the veins colorless."   Now, following up this same train of reasoning
to account for this condition, he says that "it is recorded  that the  loss
of a pint of blood destroys life"  *  *   "The sudden loss of blood has
a  great deal to do with producing death."* M   The question would natu-
rally arise, what has the sudden loss of blood to do with this  case ? If this
body was in  the condition  in which it  was  said to  be by this  medical
adviser, (entirely empty, front and rear,  capillaries, dc,) then to  account
for the blood not spattering or being lost entirely in the direction  indi-
cated by the laws of gravity, he says  " the  discharge from  the  arteries
would be into the wound and against the upper wall of the wound "  *   *
The  principal  discharge  would  be from  them  against  upper wall of
wound, and the  blood  would fall  back and flow  out  of each  side and
spatter about.   The great mass of blood running out would extend from
body  from 4  to  6 inches.   The blood  would  run down towards  hips,
coagulate and soak through.   *  *  No spattering from carotid  arteries;
when cut, it (the blood)  would dash about but  not xpirt; no spattering or
spouting except from the superficial arteries (See  cases attached to  this
paper.)-which vary in  size from  a  needle to so  small  that  you can

   * I will quote all Doctor Clark says in his report of this case before the Academy of Medi-
cine (p. 340), on the subject of the loss of blood, and give the six  cases which seem to have
been intended as analogous to Mrs. Budge.  What  that analogy is,  I leave for the readers to
judge from inspection of the case.
   "At one stage of this trial, while it yet appeared that  the quantity of blood lost was incon-
siderable, it became  of importance to ascertain what was the smallest loss that had proved
fatal in the recorded  cases.
   1. In the case of Augustus Dautun (Beck, ii. 141), murder was committed, and the body
afterwards cut to pieces.   Dupuytren stated that the wounds in the chest weje mortal.  The
thorax contained four pounds of blood.
   2. Mr. Watson mentions a case (quoted by Taylor, 298), in which the internal mammary
artery of the left side was divided by a stab in the chest.  The man died on the ninth day,
and four pounds of blood were found effused in that side.
   3. Mr. Gutteridge (Lancet, Oct. 31, 1846, page 478,)  reports the case of a woman, aged 36
who received a kick from her husband in the lower part of  the abdomen while she was in a
stooping position.  Seen by Mr. Gutteridge in three-quarters of an hour, she had lost from
three to four pounds of  blood.  She was sinking, and expired a few minutes after his arrival.
The wound was entirely external, the left crus clitoris having been crushed so as to expose
its cavernous strucbure.
   4. In Beck (ii. 365) it is stated that a young man, f.ixteen years old, was stabbed with a
nail rod and died in three minutes.  The blood lost was  one and a  half pounds.  The thora-
cic aorta was found wounded.        >
   5. In the instance already cited (Beck, v. ii, p.  134) on the authority of Adelon, Dubois,
Boyer, and Rami, it  is reported that one pound of blood was lost.   In this instance, however,
it will be remembered there was congestion of the  lungs, and blood in the air passages.
   6. In Beck (ii. 348)  it is reported on a Boston authority that  a prisoner cut  his throat,
and died with the loss of a pint of blood.  It is suggested, however, in this case, that air
might have entered the jugular vein.
   It would seem, then, that persons whose  throats are  fatally cut may die on the loss of a
pound of blood, and it does not affect the question at issue  that a circumstance other than
the mere loss of blood aided to produce the  death.  The question is, What is the smallest
loss of blood, which of itself alone, or complicated with  other circumstances incident to such
wound, may prove fatal in a cut throat?  The question of how much  blood the  body natu-
rally contains, though raised in this case, is in no manner essential  to the issue."
   Why  not?  If this body was in the  condition stated by him—i. e., every part empty,
" the lungs and probably brain excepted," which would involve the loss of 12 to 15 pounds
of blood, and hence the amount of blood is, in a special manner,  " essential to the issue,"
since they can have no possible bearing in a case where both carotids are cut, and no obstruc-
tion exists to the  loss of  blood, most of these were punctured wounds, and the blood flows
in the cavity of the pleura or peritoneum,  or when the wound is valvular (case 5), it may
flow into the trachea and produce suffocation.  Since, as he says, " My researches have lead
me to the inference that when both carotids are entirely divided, the spirting or sprinkling
of blood from Mem is almost nothing''  (Idem, p.  344); so in tho case of Mrs. Budge both
carotids were  cut, and  hence she must have lost only  a  small amount of blood, which is
inconsistent with his entire theory of the condition of the circulating system.
4 
                                      50                                     \


 scarcely see them.   *   *  And " if blood is found on the face of a  sui-l*
 cideit would come  from the small superficial arteries and from the lower i
 lip of the  cut  M."   This anomalous  statement that  "the carotids would
 not spirt," would be worth  a passing  notice  were it not of itself quite
 too ridiculous, and  also that  some object  was to  be  attained  by this
 statement, which seems evidently intended  to account for the absence of
 profuse spirting of  blood, such as would be  made by the action of  the
 carotids and described by surgeons (Mott and Gross), while to account
 for the few small pin-head spatters on the face he makes the minute super-
ficial arteries  to spirt  blood  over this part—still forgetting  that  the
 "carotid arteries do not  spirt."   Again, he  states  that "if one  carotid
 artery is unsevered (not cut entirely off) the blood will shoot about very
 much.   If cut square off,  and  no obstruction,  it would not go straight
 but a few  inches,   *  *   in all 21  to 3  feet."*  This admission is  in-
 tended  probably for  the  obvious purpose of accounting for any blood-
 stains which  could not be  the  result of  gravity or bloody fingers (for-
 getting that when both carotids are cut they  do not  " spirt"),   tie  further
 says that the  "head cannot be turned  so  as to let artery discharge (its
 blood) outside of the  neck."   This,  in»his  opinion, is the main reason

  •In reference to the flow of blood from cutting arteries, Doctor Clark's (Bulletin  Academy
 of Medicine) says:
                       sprinkling or spirting of blood.

  " The sprinkling or spirting of blood from wounds in the neck appears to have attracted
 but little the attention of medical jurists.  In by far the largest proportion of cases it is not
 mentioned, even when the description is in great detail.  In this case, however, it becomes
 a question of importance, on the theory that the woman was suffocated*and that her throat
 was cut afterwards.  It was urged that in such a case the spirting of blood would be little
 or none at all, while on the other hand it was claimed that if the throat was cut in full life
 the blood should have been thrown to a considerable  distance  upon the bed, and even upon
 the walls of the room.  (See Note A.)  It was even claimed by one of the medical witnesses
 that a cut made in this situation, the heart being vigorous, the head in the line of the body,
 the body lying upon the back,  that the blood would have been thrown from each carotid past
 the lips of the wound, past the jaws and head, and would have struck in full force against
 the head-board.   My researches have led me to the inference that when the carotids are
 entirely divided the spirting or sprinkling of blood from them is almost nothing, (See
 Note B.) but that when either of them has been partially divided so as to give such direc-
 tion to the current of blocd as that it will flow 'orward, unobstructed by the lips of  the
 wound, then the jetting or sprinkling  of blood may be considerable.  Thus in  the  case
 already quoted from Marc, of the young man who cut his throat standing before a window,
 the furniture and window were spotted with blood to  the height of about three feet, an
 overturned chair was sprinkled with blood, a night-cap on a step before the window, raised
 about one foot, was spotted on its upper side.  In this instance neither carotid was entirely
 severed, both were cut into " and the right half cut, the left more than half cut."
  " In a case reported by Rami, Adelon, Dubois, and Boyer (Annates d' Hygiene, xv., 394;
 Beck, ii., 134,) in which only about one pound of blood  was lost, the throat was supposed to
 be cut while the woman was standing a short  distance  from a wall;  the wall was sprinkled
 to the height of  three feet four inches at one spot, and at another spot to  the height of two
 feet six inches.  In this case the right carotid was cut  in two-thirds of its circumference,
 on its inner side.
  " In the case of Mrs  Duval, referred to by Beck (ii., 214), reported by Devergie (Legal
 Medicine, ii., p^ge 168), the larynx and hyoidbone were broken, the superior thyroid artery
 was cut, but the carotids wove not.  The blood had been thrown in jets over the  features,
 but it is not remarked that it was thrown upon the furniture.  This was a case of homicidal
 cut-throat; the thyroid artery was enlarged to supply an enlarged thyroid gland
  "In the case of Sellis, (See Note C.,) the valet of the Duke of Cumberland (Beck, ii.),
 there  was a wound in the throat six inches long, dividing the arteries on both sides, whether
 wholly or not, is no* stated^  There was blood on the walls  of the room, on the  curtains,
 washstand, basin, and drawers.  The body was extended in bed, but Sellis's cravat was cut
 in several places.   On the duke  were  two scalp wounds, his arm was wounded, his little
 finger nearly cut off, and there was bloody water in the  basin in Sellis's room.  Under these
 circumstances it  would seem at least  questionable whether the blood upon the walls,  bed,
 and furniture was from the arteries of the servant or  the mastnr.  These are all the cases of
 cut-throat that I  have met with in which the subject of sprinkling  has been considered of
 sufficient importance  to have been described in detail ■
  " Taylor (page  286) makes  the following statement.   "The sprinkling may be expected
only when the wounded artery is small, or when the  blood is effused at a distance. This is 
.^~r~*"T--

/// ////
V  '  /../■  * '

1  /
  /
/ /'
I
*
e*
S L
-\
/- 
 
51
why the blood was found only where the laws of gravity would take it.
If this were true, then the following sentiment quoted from Dr. Clark is
untrue: " In case of throat cut (recumbent posture), the blood has been
sent into hair and temples,  *   *  it would  be evidence  of heart's
action." M.   (What says the Doctor of the agency of an assassin?)
  I find, from actual observation, that the  course of the arteries  from
their origin, in the aorta, to this point, (the cut) would direct a stream
distinctly outside the cut, and even the head,  (this  is also in accordance
with the statement of Prof. Valentine  Mott).  Here  Dr. Clark virtually
denies what he before  stated, that  the blood from the  carotid arteries
" did not spirt," and  if it did  to any extent it would be stopped by the
"upper lip of the wound," and that the " head could not be turned " to pre-
vent this, while the counter spattering from the lip of the wound would not
"exceed 6  inches."T.  In  my experiments with an ordinary 8 oz. gutta
percha syringe, where the power applied was about equal to the left
ventricle,  16  oz. of defibrinated blood were thrown  with force against
a screen of 4x4 inches; there was counter spattering of 9 ft. in each lat-
teral direction, 4| ft. front  and rear, equal, in all, to  an oblong circle of
9x18 ft.  (See plate No. 2.)  On this point I will refer the reader to the
testimony of surgeons Mott and Gross; also to my  report in the Medical
and Surgical  Reporter,*.(vol.  6, p. 371), also  in the annexed report  of
fifteen cases of death from  cutting of  carotids, two of  whom cut  both
carotids.   Now  to  account  for this anomalous action  of the  carotid
arteries, Dr. Clark states that the blood runs "through arteries at the
rate of less than two and five-twelfths inches per second,  inside  of
three inches."  This is equal  to about one foot in five seconds.   Car-
penter, Todd, Bowman, Kirk and Paget, all say, (in  effect)  blood trav-
els 1 foot per second, in arteries,  and the entire circuit of the circula-
tion in  (less  than)  one minute.  The whole arterial  and venous circuit
does not exceed  10 feet, not more than 5 of which  is arterial, equal  to
5 seconds.  The capillaries, 1 inch per minute, the longest of which  is
1-10 inch, equal to 6 seconds, leaving  49  seconds  for the  circulation
through the heart and veins.  Now, when it is  known from the experi-
ments of Herring,  Poisieulle, and J. Blake, that substances put in arte-
ries or  veins  of  the animal, performed the entire circuit of the  circula-
tion in  from 15 to 40 seconds, and hence, either all these observers are
leading the profession astray  or else Dr. Clark has made a new discov-
ery as to the  rapidity of the circulation.
   The  doctor, (Clark) says,  "I don't believe that Carpenter says that
the  blood runs at the rate of one  foot per second, in the arteries." T.
   Now Carpenter,  quoting from Volkman,  states,  " that  the average
velocity of the current in the carotids of a considerable  number of mam-
mals which he examined, was about 300 millimeters or nearly 12 inches
per second.
   Dalton, in his  Physiology, page 271  and 272, states that "the rapidity
with which  the  blood circulates through arterial system is  very
great.  *  *
a fact which medical jurists should not overlook;" but he adds that it may be accidentally
sprinkled from a vein. He says also (page 277), " The hand  and weapon  cannot  escape
being marked with blood."  He says also, " Sprinkling of blood, when it  exists, may  be
evidence that it  came from a living body."
  Note A.  See letter of Surgeons Mott and Gross.
  Note B. See appendix to this paper.                              ...
  Note C. All good  authority says Sellis was  murdered and hence its ana ogy is  just as
apparent as his other cases; when one caiotid only was cut and that in such a manner as to
produce death without the possibility of external hemorrhage, (see wound by nail-rod quoted
above)
  * See  Appendix. 
                                                                   \
                                 52

  Volkman found as the average result of his  observations, that the!
blood runs in the carotid arteries of warm  blooded quadrupeds  with a'
velocity of 12 inches per second.  *  *  *   The velocity of the  venous
blood as compared with  the arterial, is therefore, as 2 to 3, or about 8
inches per second.   *   *
  This expresses with sufficient accuracy the relative velocity of arterial
and venous currents at corresponding parts of their course.   *    *   *
The rate of movement of blood through the capillaries is rather less than
5^  inch per second, or not quite 2 inches per minute.
  To further demonstrate the rapidity of circulation, Dalton quotes from
Herring, Poisieulle and Matteucci, who found  by experiment that the
entire circuit of circulation was performed
                   " In the horse in 28 seconds,
                     In the dog in 15 seconds,
                     In the goat in 13 seconds,
                     In the fox in 12^ seconds,
                     In the rabbit in 7 seconds."
  When it is known .that man contains about twice the amount of blood
in proportion to his weight, as that in any of the warm blooded animals;
hence, we  say, their circulation ought  to be more rapid, while mental
emotion or "insanity" should increase the heart's action, and hence give
more impetus to the  flow of blood.
  Still  further to account  for the  absence of blood, Dr. Clark states:
" The  artery when  cut entirely off would retract into the flesh, and
would break to a considerable  degree the current of the blood." T.  Fur-
ther on he acknowledges that the "carotids retract the same as the cut,
and the wound gapes immediately, and  the obstruction  to. the flow occa-
sioned by the retraction would not be appreciable." T  (Consistency, thou
art a jewel!)
  Now, as to the carotids, they either do, or do  not  spirt, as  well  as
" superficial  arteries," and that, too, furiously, and cover the head, body,
and portions of the room, furniture and walls, and in proof of this, I need
only quote from the testimony of the venerable American Surgeon, Pro-
fessor Valentine Mott, on the same data as that from which the medical
counsel for the defence argues.
  He says, (in substance) " I have seen much blood flow in surgical opera-
tions, and in suicidal acts, and when all the great vessels have been divi-
ded, and all cases, the flow isfremendovs.  When all the vessels of the an-
terior part of the neck are divided in the sitting posture, the flow is more
terrible than  you have any idea  of,  for terrible it is,  to a person unused to
blood.  And the quantity of blood lost would be tremendous, under such
circumstances.
  "In this position,  the flow of blood would be very great, and extend
very far."  "If this  same  person were lying down in bed, with chin
elevated and head depressed in the pillow, not only the hand  inflicting
the blow would be very bloody; everything around would be very bloody."
  " If the flow of blood was obstructed, the display of blood would  be
very great, too; there would be a great display of blood on the  face and
breast, and bed, and bedding around.   The blood would fly in all directions,
to a great extent, and  if the walls were at a reasonable distance, the blood
would hit them.   I do not think any one could cut this throat as it was
cut, without  making a brilliant display of  blood about the  breast, face,
head-board and  walls  above, hand, arm, etc., all would  be very bloody.
Oreat muscular force is required in any position to cut the  left carotid
with a razor—(much more to cut both, and the bone, as this was cut). 
53
  I cannot conceive it  possible that death  should take place from a
wound like this, without  the agonies of death.   I  rhean movements and
contortions of the body.  It is impossible, in my humble judgment, that
it should be otherwise.   In  violent deaths  great disturbance and con-
tortions follow, when both carotids are cut, the head thrown back and
the wound gaping  as this did.   The blood would spirt outside of the
wound very distinctly." T.
  The contortions here spoken of would have  disturbed the bed, while
this was entirely undisturbed.  So say all the witnesses, and the defence
try to get by this, by saying that the contortions were confined to the
arms  and jaws.
  On the subject of  the spurting of blood Dr.  Gross says, "It is impossi-
ble for any  person to  cut  the large vessels of the neck without being
inundated with blood.  If Mrs. Budge had been alive at the moment her
neek  was cut,  the  blood of the carotid arteries would  have  spirted
about in every  direction, soiling not only the bed and body clothes, but
also the floor and probably the  Avails and ceiling of the apartment.   I
assume that this circumstance alone is amply  sufficient to establish the
fact that she had ceased to  breathe when her throat was cut.   From the
position of the  razor and from the almost entire absence of blood upon
it, to  say nothing of the peculiar shape  of the wound, I cannot suppose
that it was the weapon used to kill Mrs. Budge."

                 In  what Position was this Cut Made ?

  Doctor Clark  states: "Think  there is no attitude in which a third
person could (be placed to) make this cut."
  Though  he confesses  that  the "position  of body after  death is  no
evidence of its position before."  *  *  And  it would "not  be difficult
for a person behind her  when arm moved  as  hers  did to make this
cut."  M  Now  Dr. Clark makes the character of the cut a special reason
why it could be made only by herself, and in  reference to this he says :
"There was a depression the width of a finger below  line  drawn from
(anterior)  surface of vertebrae  to  left termination of cut  in skin and
there is no motion of hand  (homicidal) that  would make this dip on left
side.   A person on the bed to her right  could not make  this cut, and
hence it would  come out  with a tail. M
  The reason why he says it was cut from left to right is   *  *  that
it was so deep  into  the  tissue, ran over the  bone, and the  manner  it
came  out is what satisfied me that it was (cut) from  left to right."
*  *   Looked particularly at (the) wound; at  left end it passed directly
down into neck at right angles with skin.   *  *  On  right side (skin)
cut \ incn further than tissue," and   *  *  1 could tell whether (it was)
cut from left to right or the contrary.  No other person could make this
cut from left to right.  Not possible to have  skin  and tissue rolled back
before weapon when drawn  from right to left so as to sweep back and
leave the wound of the shape it was on tho left side." M
  Now this is  the very  condition  that we  have contended for on the
theory of homicide, and  a  reference to  the  letters  of  Prof. Taylor and
Gross will fully demonstrate this  point, while they show that we are
right and Dr. Clark is wrong, and as to the especial effort that Dr. Clark
makes to shew  that as a  gcn'eral  rule suicidal cuts have  a direction a
little  down to the right, I have only to say this direction  is not uniform-
by any means, while homicidal cuts made  in any'of the four designated
positions, the direction is uniformly downwards to the right or upwards
to the left—just the counter part of this  cut in  Mrs.  Budge's neck. 
54
With reference to the skin being cut farther than the tissue on the left/
side, Dr. Clark says: "In case of suicide the skin is cut farther at the'
end where the weapon comes out," M
  The medical counsel (Doctor Clark) quoting from Taylor says that the
cut usually terminates in the skin farther than in  the muscles.   "The
fact that this cut went directly in on the left side, and popped over the
bone and out, straight on the right  side is evidence to me that it was
made from left to right." T.   To this Taylor says, "Assuming that the
incision was made from left  to right, the fifth vertebra must have been
implicated in the incision before the weapon was carried to the right side
at all, and yet it is stated that on the right side of the neck, there was
a cut in the skin one quarter of an inch further than the tissues wounded."
  "This fact proves to my mind a deliberate withdrawal of  the weapon,
quite inconsistent with the fact that the blood vessels on both sides of
the neck had been divided, and the periostium and osseous  structure of
the fifth cervical vertebra had been cut, or penetrated."
  Now  after the Doctor (Clark) stating that this could  not be  cut in
any position by  any one but herself, he further says that  "Mrs. B. could
make this cut with  her right  hand either lying down  or sitting up.
Lying on back does not interfere with the  action of the arm,  less when
lying on a<feather) bed. M This seems too preposterous for  anything: that
a person lying down on a feather bed  could cut the neck  half off and
into the bone with one stroke of a  razor,  and that it could  be done  lying
as well  as sitting up, and further that a feather bed facilitates the move-
ments of the  arm.(?)  Then, to make  assurance doubly  sure, Doctor
Clark states that "moving shoulder and not elbow the throat  could not
be  cut  only at  a  single point;  the cut would  naturally be  made  by
muscles below the shoulder."  My anatomy teaches me that the shoulder
blade is moved  by  the  trapezius, &c, upon  which we lie, and that in
making the motions  spoken of by him, the scapula moves through a
space of about 3 inches  and  carries the arm with  it, and in this way the
hand describes the segment of a circle before spoken of, and hence there
are no  muscles  below the "shoulder" which  have any important action
in this cutting, so that  well  can he say, that "moving  shoulder and not
elbow the throat could  not  be cut  only at a single point,"  and if he
means by below the  muscles of the arm, which are  to perform their
herculean task, I can only say that he is expecting entirely too much of
them inasmuch as without the full movement of the scalpula towards the
spine there would have  to be full flexion of the fore arm on  the arm, and
the hand on the fore arm, in  order to make the cut. Taylor says, "Taking
the depth, extent and direction of this  wound in the neck it is not such
an  one  as a person could inflict on himself or herself, while  lying  on  the
back in  a recumbent position.
  " The large  blood vessels on each  side of the neck  were divided;
assuming that a suicide might have power, after dividing  the carotids
and jugulars on one  side, to carry a  razor through the trachea, and
oesophagus, as well as through the blood-vessels on the other  side, I am
decidedly of  the opinion that there would not have  been the power to
shave off the  left  transverse process  of the fifth cervical vertebra, or
penetrate the osseous structure."   " In the recumbent position, such an
act would require the exercise of a great muscular force at a very great
disadvantage in the position of the right arm, for using the  required force."
   Doctor Clark, speaking from  rule, makes the following statements:
   '• That in  case  of suicide, the  instrument is  either  grasped  in the
hand or else lies near it.  It is cbnsistent with the deed  of a  suicide,  if 
55
found at the side," T, he further says, "In case of suicide, the razor may be
in the hand, or near it, and Taylor says that it is consistent with suicide
to fiud the razor in the hand or by the side." T.  By reference to Taylor's
letter to me, it will be seen that this  is not true in this form of cutting.
This razor was found under the fore-arm and nearly bloodless, and hence
does not  come within the range of a suicidal condition.  Geoghegan
says of the  instrument, "I should have farther expected that in case of
suicide, followed by rapid death,  and when the extent and character of
the injury would indicate a most determined  effort, the weapon would
have  been found grasped in the  hand, as  it usually is."   Taylor says:
" The weapon, on the view of suicide, should have been in the hand,
considering the enormous muscular power which  must have been  used
in a cutting which involved the body of the vertebra, if not in the grasp;
the part with which the weapon was held should  have  been close to the
palm."   Dr. Clark says, " suicidal cuts made by a right handed person,
are either transverse or lowest upon the right side, and the rule is that
the cut is longest where it is drawn out." T.  Now this depends upon the
termination of the cut, the force with which it is  made, while the direc-
tion of  the cut is more generally  up to the  right than the left, while few
make the cuts beyond the trachea, where the cutting is done in this part
of the neck.   But when the cut is made under the chin, it might be of
great length, and might terminate at a point opposite its commencement.
On this subject Dr. Mott says the cut is generally above  Adam's apple
and too high to be effectual.  Geoghegan says, " the seat of the wound
is unusual, being commonly to one side more  than the other, and gene-
rally above  the os hyoid."   Again Dr. Clark says:  "It is laid down in
the books that if a razor is found  in the hand of a person with the throat
cut, it is presumptive evidence of suicide,  while if the razor is loose in
the hand, it  is  regarded as evidence of homicide, but not if it is  laid
around, near the hand."   On this subject Taylor says: "How came the
right hand to be in a position only slightly  bent, the weapon not grasped
within it, but lying on the bed 6  or 8 inches from it."  Again Dr. Clark
says: " There is a rule laid down  and deducible from the books, that
suicidal wounds are  of variable  extent cutting all the soft parts, and
going back  into the  back bone." T  On this  subject Geoghegan says:
" Nor have  I ever seen  or read of a case of suicide where a portion of
the bone was sliced off."
  Another strong point insisted on by the  medical  counsel was that of
insanity,  and that  insane people make extraordinary cuts, and if so,
their  circulation should  be increased pro rata.  Admitting all  this,
and also that Mrs. B. was subject to aberration of mind (no matter
whether this was from a  diseased brain, domestic trouble, or drugging)
the physical facts and conditions remain the  same, and the condition as to
Mood, bed and body would be the same as if  the throat was cut when sane;
so that insanity has nothing to do  in the solution of this matter.  Then, I
ask, can a cut of this character be made in the position in which this body
was found, by a right-handed  homicide standing in front, with his left
side to the bed,  or by placing himself in any position can he make a cut
similar in character  to this ?  I  answer, Yes.  It  is the most natural
way possible.  In opposition to  this I will again quote from Dr. Clark,
as the medical counsel, who says,  " In my judgment it  would not be
possible for any person standing in front of that bed with a knife or razor,
at one stroke to make that cut as it was made.   It would be impossible in
the very last degree for a right-handed person to  have made this cut towards
the right." T.  Surely, if a feeble  woman could make such a cut on her- 
56
 self,  at  one stroke with a razor,  from left to right, how  much  easicn
 would it be for a man, as a homicide, to do the same, if he were on thoi
 bed behind her, (as there- was not less than 2\  feet of space from her
 body to  the wall), or astride the chest, or standing in front of the bed,
 or at the head of the  bed.  Ho could accomplish the act more readily
 than  a weak woman could do the same  upon  herself, and that, too, on
 her back. "The opinion that it could not be cut  from the front of the bed,
 is quite  too preposterous for comment; though, to satisfy myself that it
 could be done in the most natural manner possible, I placed the body of
 a dead female  in the described  position, placed myself in front of the
 bed,  and with a razor cut  the throat.  The result was, that the cut was
 upward to the left, and in fact  it presented nearly the  same characteris-
 tics as this (Mrs. Budge's), only I had to make  the second incision before
 I could complete the cut  to the  described extent.   Now, if a strong man
 cannot well  make so extensive a cut upon another, atone stroke, and that,
 too, in the most favorable position, what could  be expected from & feeble
 woman  on  herself,  and  in the  recumbent  posture at that.   This fact
 evidenced to my mind that the throat icas not cut with a razor.  Again, he
 says: "  I think if a person had been behind her, it would not be difficult
 for him  to make the cut, if his right arm was in the same position" M
 (as hers).   And again, Dr.  Clark, as  medical  counsel, says:  " I know
 of no position  in which  this cut could be  made by any other person,
 because  the cut was of a character that  a  knife in the  hands  of another
 could not imitate" T.   Any one familiar with the subject can  see at  a
 glance the folly of the assertion. They can see how readily it may be
 done  in several different positions:  (Plate  3.) 1st.  Standing  in front;
 (Plate 4.)  2d,  astride the body; (Plate 5.)  3d, on the bed in rear;
 (Plate 6.)  4th, moving down the bed from the head, and standing above
 —in every instance the cutting would be downwards  to the right.   Tlie
 last and  perhaps most ridiculous  reason,  (after  stating  the  absolute  im-
possibility of a homicide effecting this  cut), is,  that " if she had been cut
 by a  person from behind,  it would have left blood elsewhere" T; as if a
 murderer could not arrange matters of this kind after the completion of
 his crime.   And as to blood, I think the impress of a bloody hand on the
face and pillow is quite too much of itself to be consistent with  her almost
 bloodless hands; and  any one  at  all  conversant with the effect of blood
 on the skin knows too well that it is like the bloody stain on the hands of
 " Lady Macbeth," " it will not out" simply from  its contact with dry cloth,
 so that there would still  be a strong stain of blood left on this entire  hand;
 and farther, there is noreason why an assassin who cuts the throat of a dead
 person should leave more blood on the bed than  a suicide would, where
 the blood spirts furiously.  Again, Dr.  Clark states,  "  that a  hand that
 could raise  a 251b. weight could  make this cut (on themselves) with a
 razor."    On this point Prof. Charles  A. Lee says: "The depth  and
 extent of the wound argue a determination of  wrist possessed by very
 few suicides, especially  females; and  I  do not believe it possible that
 such  an  incision could have been  inflicted by  the deceased.   The case
 (on the theory of homicide) in my judgment could hardly be  strength-
 ened  by any collateral  circumstances.   The  supposition  of  suicide  I
 should not suppose could be entertained  at all by any person."  " There
 is not a  shadow of doubt that this incision was inflicted after death."
   Doctor Clark expresses the degree of motion in order to account for
 the blood in front of the body on the  sheet, also the prints of a bloody
 hand  on  face and pillow,  after the effort of cutting, when he says, " In
 my opinion  Mrs. Budge 1 ad the power to move her  hand after the cut
! 
 
\ 
 
 
 
 
 
 
5T
was  made  first, voluntary  and then according to the rule, would be
involuntary motion* M   Here the great effort seemed to be to shew  that
these movements were confined to the arms.   If it is true that we have
voluntary motion, then  there is  still  action, life and circulation,  with  arte-
ries  spirting  with great fury,  and  in the involuntary  spasmodic  action
which follows, the bed would be disturbed  (this  it will  be remembered
was  wholly undisturbed, and remained tucked in at foot and sides)  to a
considerable degree,  as it  is  quite too ridiculous to suppose that these
movements  could be confined  to the  arms alone.
   On the theory of suicide,  without  voluntary motion, Doctor Clark finds
it difficult to account for all  the stains of blood on face  and hands—on
the right hand  pillow,  &c.—the  almost bloodless  hands—the  saturated
 spot in front—position of hand and  razor.   The above opinion of Doctor
 Clark on the view of suicide,  is inconsistent with the  one advanced  by
him  before the Grand Jury,  which was to the effect that she (Mrs. Budge)
 was sitting up—held the sheet up before the neck—caught the first gush
 of blood—fainted and  fell back in bed.  When  the cutting was done, we
 say  that she (Mrs. Budge)  was in the lying position,  while  the medical
 counsel (Doctor  Clark)  before the  Grand  Jury says  she  was sitting,!

   ♦Doctor Clark, in  his Academy of Medicine—reports of this  case (page 333)—makes the
 following statement, from a  review of which  it will be seen there is no analogy to the  Budge
 case  hence well may he say, " It is not evident in any of these cases that both carotids
 were cut."  In speaking of  " Movements, voluntary or involuntary," he says: " Regarding
 the power which this woman might  possess  after inflicting this wound upon the throat, of
 passing the hand over the face, placing it in  one or two spots on the pillow, and of letting it
 fall again in the position in which it was  found, it is not inappropriate  to consider  two
 classes of facts: I. Those which relate to voluntary motion after fatal wounds have been
 inflicted, and II. Those that refer to convulsive and involuntary movements resulting from
 haemorrhage.
   " On the first of these points Taylor (page 347) remarks:  • There are several cases on
 record which show that wounds involving the  common carotid and its branches as well as the
 internal jugular vein do not  prevent the exercise of voluntary power and running a certain
 distance/ and page 270, 'Suicides do not immediately perish from wounds that are commonly
 termed mortal,  on the  contrary they have power to perform acts of volition and locomotion
 which might seem incompatible with  their  condition.'  Among  a  considerable number of
 instances recorded in which  persons with wounda in the  neck, that were almost immediately
 fatal, have performed such acts of volition and locomotion, two are referred  to by Brierre de
 Boismont (Annates d' Hygiene, xli., page 143) who cut their throats before  a mirror, walked
 across the room by the aid of the furniture, covering the floor with blood, and reaching their
 beds, lay down and died.                                     .
   " In a case  referred to in Beck, (vol. ii., page 350,) a woman in whom the left  carotid
 artery was cut, and many branches of the carotids and jugulars, walked twenty-three yards,
 crossed a stile three feet ten inches high, and then died.  A man afterwards found that the
 time required for him to do this was thirty seconds.
   " The case already quoted from Degranges, in which  a man after cutting his own throat
 went to and returned from another story of the house, and with apparent great deliberation
 hanged himself, illustrates  the same point.   It is not evident in any of these cases  that
 both carotids were cut, still they leave to  us the inference even when both were cut  that
 certain voluntary motions can be performed, and probably all that were supposed to have
 been performed in this case.  But with reference to convulsive movements  there can be no
 doubt that they are common in death from haemorrhage, and more common the more  rapidly
 fatal the bleeding.   These  convulsive movements are known to last as long as the bleeding
 continues, and  analogy permits us to infer that in these cases they may have continued at
 least thirty seconds after the wound was inflicted."  It an undisturbed bed consistent  with
 " these convulsive movements?"

    fDoctor Clark, (Academy of Medicine report, page 339) in speaking of the  "position of
 the body," says:
    "It will be remembered that little or no  blood was  described as having  been seen below
 the upper border of the flannel dress that was next the skin on the chest, yet that there was a
 considerable spot of blood upon the sheet turned down  upon  the lower part  of the body.
 The  question of the position of this person when the wound was inflicted, whether seated or
 lying upon the bed, is one regarding which there is some doubt, and  the question was raised
 whether it was possible to inflict this wound  upon herself lying upon her back.  (See note A.)
    In my judgment, this is the strongest point in the case for the prosecution, not because
 t here is any difficulty in inflicting the wound, for there is none, as any one can convince him-
 self  by lying down either on the floor or on a feather bed, (the  bed in  thia case was of 
58
 notwithstanding he had the same data that we had.   He says when the
 cutting was done,  " She was in the sitting position."  This  view is
 from the testimony taken before the coroner, and the blood on the sheet.
 " In this position I should think the razor would naturally fall near right
 side;"  also that  " the right hand  would be  bloody in throat cutting."
   In his subsequent examination, he stated  that  "he testified before the
 grand jury that  the balance of probabilities was that  she was  sitting
 up.   The blood on the sheet in front,  was  the ground  of that  opinion.
 No other ground, except, that I supposed there was  a  larger amount of
 blood in front than has beep testified to.   The absence  of more blood in
 front, causes me to hesitate or doubt as to the position in which she was
 when the cutting was  done.''  Now, he  swears  before the grand jury
 that fiom the testimony taken and the blood in front  on the sheet, that
 she was in the sitting position.   The data  from  which he formed  his
 opinion then remains the same, and still he says  " the  absence of  more
 blood in front (than what he first formed his opinion from) causes him to
 hesitate or doubt."    Well may he doubt that this neck could, be cut half off
 in the sitting posture, and not one dropfyf blood trickle down in front, to say
 nothing of its being thrown off in jets ! This evidences that his opinion was
 formed in a  great measure  from  what  he  expected to be proven, and
 not from what  was proven, which is quite out of professional teaching.
 Taylor says,  " that the wound  in the throat  must have been inflicted
 while the deceased  was lying  on her back,  i. e., in the recumbent  pos-
 ture.  There was no blood on  the anterior part of the  neck below  the
 cut, and there was  no blood on the anterior part  of  the body or night-
 dress.   Considering the blood-vessels divided by  the wound in the neck,
 the forepart of the  person and dress, if the deceased  were sitting up at
 the time of its  infliction, could not have  escaped  receiving  a consider-
 able  amount  of blood.   The  description of  the flow  of blood  being
 chiefly on each side of the neck, is in accordance with the view that the
 wound was inflicted while deceased was on her back.
  " The head being deeply embedded in the  pillow, is  also  in favor  of
 this view, since,  had deceased sat up at the  time  of infliction,  I do not
 believe that by any  accidental  fall, such  an  embedding  of the  head
 in the pillow  could  have taken place ;  and further, it  is  not conceivable
 that the head should have been thrown back as  the  result  of an  acci-
 dental fall."
  Dr. Clark stated before the grand jury  that  in cutting carotids, the
hand " would be bloody."   It will be  found by reference to  the testi-
feathers), and making the necessary motions; but because it is a  position rarely chosen,
and seems to offer fewer facilities to this kind of suicide than the  sitting attitude.  (See
note B.)  The body and head were found inclined a little to the right, but there was not even
a probability that this was the position in which the wound was inflictad.  There were cer-
tainly some movements after the fa.tal wound was received.  There was more blood on the
right side of the body than on the left. This would only show that the deceased turned to
this position while the  bleeding was yet free.  Taylor (p. 284)  remarks  that,  " If the
throat be cut while  a person is lying down, it is obvious that the blood will be found on either
side of the neck and not extending down the front of the  body.   Few suicides cut the throat
while in a recumbent posture, and the course which  the blood has taken may, therefore, be
rendered subservient to the distinction of a homicidal from a suicidal wound."   Had it been
shown in this case, that the wound was really inflicted while the woman was lying down, in
my appreciation, the other circumstances are so controlling as to placs this case among the
" few suicides who cut the throat while in a recumbent posture."  (See note C.)
  Note A. Doctor Clark in his statement before the grand jury said, she was sitting up
when the cutting was  done.  (See also Taylor's letter to me on the subject.)
  Note B. I will go so far as to say that such a wound was never self-inflicted on the back,
or in any position.
  Note C.  See Doctor Clark's statement as to why he has any doubt  as to the position in
which the cut was made. 
59
mony, that this hand was not bloody except on the  palmar surface.  He
further stated before the grand  jury,  that " in  cutting  the throat, the
pyes and mouth are  closed  as  a general  thing."  (Grand jury notes,)
I think it a new doctrine and data, and it should always be remembered
that in a violent death, this closing of the eyes and mouth should always
take place.   Dr. Clark further says,  "  the arterial blood  collects on sur-
gical instruments in drops  and lines,"  and does  not cover the whole in-
strument. T.  " On a razor,  blood, I should think, would have less action
than on surgical instruments."  M  Here, again,  is another of the points
of special pleading relied on to show that blood did not  soil  the pol-
ished steel, and particularly "  if sharpened on an oily strop.*  To prove
the fallacy of this, I present two catlings and two razors, each  of which
had severed a sheep's neck to the bone.  One catling and one razor had
been stropped on an oily leather, and been in use for  some  years. " The
other catling and razor were new and just polished  by  the instrument
maker as highly as they were susceptible of.   All of these blades were
covered  with  blood, " no  drops and  lines."   This experiment I re-
peated and  now  present thern  for.  the inspection of this  society,  the
result will  appear satisfactory,  and gentlemen  cannot fail  to coincide
with the above statement.   On this  point  observe the  letters  of Profs.
Taylor,  Geoghegan and Gross.
   The  point insisted upon by the medical counsel for the defence, that
blood  acts  the same as water  on a razor or  knife, and that its  albumen
and saline properties do not render it more  adhesive than water, is too
apparent a fraud to  need comment, since the  profession  know how diffi-
cult it is to remove blood  stains either  from the skin or from polished
steel.
   And as to suffocation or strangulation,  how came the tongue to be
chewed  laterally,  when  it  never occurs  in death by hemorrhage,  and
  * Doctor Clark's statement of this case, see  Bulletin Academy of Medicine. (Page 335.)
When he says:
                          " BLOOD OK THE INSTRUMENT.
  " It is universally admitted by the authorities that in suicidal cut-throat there must be a
certain amount of  blood upon the instrument with which the wound was inflicted, and also
upon the hand that carried  it.   (See  note A.)   But in regard to how much of blood there
should be on each, and  in what relation  it should be found, they are almost entirely silent.
In this instance it did not appear that the blood covered the razor blade, but that it was
collected in rather narrow bands and in spots upon different portions  of it, a band of moderate
width being described*near the edge of the instrument.  (See note B.)   It was urged by the
prosecution that this was an inadequate show of blood upon the weapon. By the defence it
was claimed that upon a polished instrument of  any kind,  and especially upon a razor that had
been stropped on oiled or greasy leather, blood  would  dispose  itself as water does upon such
instruments, and thus cannot be made to cover the surface uniformly, but will collect in lines
and drops, much as the blood was supposed to have collected upon the instrument in thia
case.  This is a subject, however, concerning  which  surgeons have the means  of forming
more accurate opinions than physicians.  The  most definite statements  we find on this topio
are made by Taylor.  Thus (page 279)  he says:   ' The  bldod on the  instrument  may be
partly coagulated  and  not diffused as a mere film; this  would render it probable that it had
issuod from a living person or animal, or from a recently dead body.'  Again, in the same
page, he adds : ' Particular  attention  should be paid  to the manner in which the blood is
diffused over the weapon.  It  is not unusual for  a criminal to besmear with blood a knife or
other weapon which has probably not been used.' "  Thus it would seem probable, had thia
instrument not been used to make the wound, but obtained for the  purpose of deception, as
was believed by some of the witnesses for the prosecution, that the blood would not have been
found collected irregularly on  it, (see note C) but it would, in Taylor's language, have been
" besmeared" and very generally  " diffused."
  Note A.—See Taylor's letter to me on the subject.
  Note B.—See Doctor Olmstead's statement that two-ninths of the razor blade only wal
bloody.
  Note C.—No fact of this kind was produced  by Dr. Olmstead—his witness.  See  his testi-
mony. 
60
> how came the oesophagus  (see Dr. Hogeboom's testimony) redened and
 discolored just  behind the  larynx, and not in any other portion un-
 less it had  been bruised by some violence before  death—-while on the
 theory of suicide it  should have been exsanguined, or at least  of the
 same appearance as the residue.  On this point,  Professor Lcc says,
 " there is little doubt that death resulted from suffocation," and even if
 she  were subject to insanity,  " I  should decidedly coincide in the
 opinion you have expressed in regard to  the cause of  death, for all the
 facts point  irresistibly to the agency of another  hand."  Geoghegan
 says, "the absence also of more than slight stains of blood on the hand,
 the division of the transverse process of  the  cervical  vertebrae and the
 condition of the  tongue are presumptive of homicide."
  Taylor says :   " The spot of blood  twelve or fourteen inches in length,
 &c, on the  bed-clothes, and the spots on  the pillow  to the right have no
 communication with the  main source of  hemorrhage.   They must have
 been produced subsequently to the wound in the neck.   There is no con-
 ceivable  theory  by which the deceased  could have produced  them, or
 that they could have resulted from any act on her part on  the  supposi-
 tion of  suicide.  Taking  the attitude of the  body,  the  nature  of the
 wound, and the medical circumstances in reference to the position of the
 stains  of blood  and the weapon, I am of opinion that  this wound was
 not inflicted by deceased on herself, but that it must have been  inflicted
 by some other person.  The head of  deceased was pressed backward on
 the pillow, and it would appear as if the  chin had been raised or pulled
 upward at the time of act of cutting."
  On this subject, Prof. Gross says,  "how she (Mrs. Budge) was killed.
 I will not pretend to affirm, but probability suggests  itself to my mind
 of manual strangulation, and that the throat was cut immediately after.
 This idea derives plausibility from some  of the circumstances revealed
 during the dissection of the body."
  In strangulation or suffocation are marks of violence necessary?   We
 say  no;  for confirmation,  quote  from Taylor's Medical  Jurisprudence.
 page 576, where he says, "If a very soft, elastic band was applied to
 the neck with a  regulated force, it is possible that  an individual might
 die strangled, without any external  sign being discovered to  indicate
 the manner  of his death."   Indian surgeons inform us that Thugs and
 other robbers in India are thus accustomed to destroy their victims with
 the dexterity of  practiced murderers.                •
  A case involving this question of strangulation without marks of vio-
 lence, was recently tried in France,  and from the medical evidence was
 decided in the affirmative.  Now in opposition to this Dr. Clark makes
the following statement:  " In case of death by strangulation  or  suffo-
 cation the rule is, that there are marks on the murdered person as well
 as on the murderer.  No recorded case in which there were not marks,
 on persons  murdered,  when  they were  adults in  possession of their
 strength.  Persons strangled usually struggle to  the  extent of their
 muscular power and with great advantage." M
  In answer I will only quote from Watson on Homicide, page 130, who
 says: " Death may be effected by strangidation without leaving any marks
 on the neck.  *   *   When the cord  (or hand) is removed some time pre-
 viously to the inspection, the livid"dy, swelling and blackness of the face and
 other signs of turgesence of blood about the  head may have gone off from the
fluidity of the blood" and particularly so if all the large vessels of the throat
 are cut afterwards.   Again, in reference  to manual strangulation, Wat-
 son on Homicide, (p. 135) states  that  "  When death takes place from
/ 
61
asphyxia, caused by the compression of the larynx or trachea, and without
compressing the great blood vessels of the  neck the  countenance remains
pale and the head exhibits few of the signs of cerebral congestion;  convul-
sions take place, respiration is interrupted, venous blood circulates  in
the brain, insensibility, coma, cessation of the heart's action, and death
follows :
  Doctor Clark says :  " In case of  death by suffocation (or strangula-
tion) there would be some marks which would lead to suspicion; thinks
the marks might not be satisfactory." (M)   For the elucidation of this
subject I have only to refer to Watson  on Homicide, page 127.   He
says : " The appearances observed after death by strangling are the same
as those which I described as occurring in asphyxia."
  Again, in the form  called throttling, " the return  of blood from  the
head is not so much prevented as when the  ligature surrounds the neck,
so that the appearance of turgescence of  blood  about the  head is  less
marked, or may be entirely  wanting."
  Here he denies that there is any distinctive appearance in death from
throttling or strangulation from any other form of asphyxia.  Even Dr.
Clark thinks that opening the veins might remove  many of  the marks,
which is expressed thus : " In  case of strangulation or suffocation the
opening of the jugular would remove many of the marks."    (M)
  And as to  the inportance of an  early  examination, post  mortem,  in
order to make the case more satisfactory,  he (Dr. Clark) makes  this
statement :  "An early post mortem examination would give more satisfac-
tory evidence of asphyxia than 4 months after death." (M) This is an honest
confession, at least, so far as external marks of the body are concerned,
since, at the time of death the physician made no  examination of this
body, except the face and neck, while at the time he (Dr. Clark) saw the
body it was covered with mould and had been much disturbed by a pre-
vious dissection.  The next point of interest is that in reference  to the
post mortem appearancps  in  death by  suffocation,  etc.   The  doctor
(Clark)  states : " There  are  certain  distinctive internal  evidences  of
strangulation and smothering,  we searched for them, but could not find
them.   We find the same general  internal  appearances in all cases  of
asphyxia, except it is produced by smothering and suffocation. In these
we find the effusion of blood under the pleura and scalp." (T.)  In elucida-
tion of this  point I have  only to  refer to Christison, Taylor, Watson,
Wharton, and Stille, &c.
  Taylor, who (Med. Jur., page 594,) says, " in  Medical Jurisprudence
(there is not perhaps an instance in which we have fewer  medical data
to base an  opinion on than in a case of alleged death by suffocation,)
the inspection of a body suffocated,  presents so littte that is peculiar that
a medical man, unless his suspicions were aroused by circumstantial
evidence, or by the discovery of foreign substances in the  air passages,
would probably pass  it over  as a case of  death without any assignable
cause ; in other  words, from natural causes."
  The following from Wharton and Stille's  Med. Jur., §897:  "Never-
theless, these miserable wretches (Burke  and his accomplices) reduced
murder by suffocation to a system, choosing it as the mode of death most
likely to leave no marks of crime behind.  The murderer  bore with  his
whole weight on the chest of his victim and with his hands covered forcibly
the mouth and nostrils  till death  came on.  (The body of one of the vic-
tims presented, according to Dr. Christison,  so few traces of  injury that
without the  assistance of  proof from other sources, it would have been
impossible to have declared  that the death was not a natural one.  Idem,
§894. 
62
  The  post mortem appearances in suffocation, as Casper has pointed
out, will be found to differ more or less, according to whether death has
been sudden or prolonged,  whether it was produced by syncope or by
congestion of the internal organs, and whether the person was scantily
or abundantly supplied with blood.
  If a person has been smothered with  the bed clothes or suffocated by a
hand Held before the mouth or by compression of the chest, a distinct and
satisfactory indication  will seldom be had."
  Dr. Clark, referring to Christison, says,  " there is a case in which Dr.
Christison says, the marks  would not justify him  to  say death was
caused by suffocation.  Have not seen any case in'which there was no
external marks."  (M)   I will here quote Christison's views on this
subject, from Watson on Homicide, p.  115 and 121.
  "Dr.  Christison, remarking  upon the case of Margery Campbell, sup-
posed to have been  suffocated by the notorious  Burke, says,  ' the con-
viction in the public mind that a well informed medical inspector should
be able to detect death  by suffocation simply by inspection, and without
a knowledge of collateral circumstances,  is erroneous  and may have the
pernicious tendency of  throwing  medical inspectors off their  guard by
leading them to expect strongly marked  appearayices in every case of
death by suffocation.  That  such  appearances are very far from  being
always present,  ought  to be  distinctly  understood  by every medical
man.'"
  Again he says: "When asphyxia, on the other hand, has caused death
quickly and suddenly, there  is little or no unusual congestion of blood in
the lungs or heart."
  My own opinion is that if these marks, bruises and effusions occur,
they are only accidental, that they are  the exceptions, and not the rule.
I have examined three cases of accidental suffocation, and have report's
from physicians of three more, and in  none of them did this  condition
exist.
  Dr. Clark  makes  the  following statement,  which careful  experiment
proves to be untrue. He says that the third stage of asphyxia is "where
all  external evidence of life ceases, and  the heart  continues to beat."
Now, in this condition, if the carotids are cut  " the flow of blood would
be little." (M)
  Doctor Clark cannot, surely, be ignorant of the experiments of Doctor
John Reed, of  Edinburgh, who  states, in substance, " when an  artery
is cut across,  immediately after insensibility  has  supervened  (after
asphyxia), the  blood springs in a  full stream with a force  equal to
what would occur if arterial blood was circulated in the vessels."
  Also, when " a tube, with a  stop cock, was fixed in the trachea and  a
hemadynometer was  introduced  into the femoral artery  of  an animal
(asphyxiated and insensible),  the mercury actually stood higher in the
instrument and  the arteries became more distended and tense for about two
minutes." this was  true even when  the blood in  the arteries had become
equally as dark as it was in  the accompanying vein."  Now, in this
condition, then,  the blood would even spirt  more furiously after  con-
sciousness ceases  and  the arterial blood is fully changed into venous,
which occurs in one minute  and a half to two minutes* after the air has
been  entirely   excluded from  the  lungs.    This  ill  accords  with
Doctor  Clark's  statement, which is, if Mrs. Budge was " smothered and
(the throat) then cut, not much  more than a half pint of blood would
run out—maybe less," and  this cutting in this  condition " would  not
lessen (the) weight  of that lung."   Now, this would depend on  the
  •Edinburgh Medical and Surgical Journal, 1841, v. 55, p. 446 and 450. 
63
time at which the cutting was done.   If cut at the stage spoken of by
Prof. Reed, the force of the current would be  greater, and the amount
of blood lost—both from the  lungs and the general system—would be
as much as if cut during  full life and consciousness.
  Now, to show that in death from asphyxia that nearly all the conges-
tion can be removed by cutting the throat and  severing the large veins,
I quote-from Watson on Homicide, page 136, where he says, " in'conse-
quence of the blood remaining fluid (in death, from  asphyxia),   *  *
the position in which the  body  may have been placed may have removed
the congestion about the head  and face.  The  greater  part  of the blood
may  also be removed from the body by opening  the  jugular  vein and
destroying the congestive ' appearance.' "
  This contrasts strangely with  the above statement  of Dr. Clark, and
still this quotation from Watson is in accordance with my observations.
"A large flow of blood may take place  from the body,  after death, from
asphyxia, inasmuch as the blood remains fluid and gravitates freely, and
coagulates  only imperfectly on being discharged from  the body.' "
  Dr. Clark, in speaking of blood  in the bronchia, says:  " In case of suffo-
cation, blood could not get into the bronchial tubes ; suffocation has some-
thing to do  in causing death in case of throat  cut." (M)   I will hereafter
show from Watson and others that in death from asphyxia blood is effused
into the mouth, nose, bronchia, &c.  If so, why  not, even in the  air cells,
while, during the spasmodic efforts at respiration,.it would become firmly
packed into the cells, thus constituting circumscribed  apoplexy; while,
like the covering of the brain, the sub-arachnoidean cellular tissue, the
general  cellular  tissue of the  body, and the general  connecting tissue
of the lung may be the seat of diffused apoplexy from  the same cause;
and,  as to " suffocation" having anything to do  in "causing death in case
of throat cut," like this (neck cut half off), it is quite needless for me to
say, it can  have none, since they  are dead before  " suffocation" can be
induced.  Here, again, Doctor Clark will allow me  to respectfully differ
with him. In reference to  the next point, though spoken of before, still as
it ignores entirely death by suffocation,  &c, in contradistinction to death
from  haemorrhage, Doctor Clark says: "Blood bubbling up in wind-pipe
by raising arm after death, would show that blood had been drawn in
life, thus mixing  it with air—that could not  be  so if suffocation had
preceded the death, as  in that case there would be no air in motion in
case of suffocation." M   Now, this fact proves  to my mind most  incon-
testibly, 1st.  That this fluid  blood was not the result of  hemorrhage
before death, since, in that event, all the blood becomes solid  coagula
and serum;  2d. The fluidity of the blood is evidence  not of  death from
hemorrhage, but,  on the contrary, of death by  "asphyxia."   And, as to
the " blood bubbling up  in the wind-pipe" as  the result of  alternately
expanding and  compressing the  chest by raising  and depressing the
arms, thus virtually imitating muscular action  in producing  respiration
(post  mortem), hence  the "mixing it (fluid  blood) with air"  could as
well be effected post mortem as ante mortem, hence  this large amount of
"fluid-blood"  issuing from the trachea, vessels and tissues is,  by itself,
proof positive to my mind  that  this cut teas made post mortem instead of
ante mortem.
  Again, Dr. Clark states  that  " the marks on  the tongue were such as
might have been made by convulsive movements of the jaws dying, by
hemorrhage."  And again, he  states that " the marks (ecchymosis) on
the tongue might  be produced by convulsive movements in death from
asphyxia." M 
64
  Now in either event  there would have been a severe struggle, and
convulsive in its character, so that the bed and  body  clothing would
have been materially disturbed (while  they were  undisturbed); so that
taking either horn of the dilemma, we conclude that some  one besides
Mrs. Badge had  to  rearrange  this bed.   In death  from asphyxia,it is
known that the tongue is sometimes wounded, while in the hundreds of
animaTs slaughtered by cuts made  in the same way, I find no chewed
tongue.  Hence, this  would seem more  as if  produced by  chewing in
death by smothering.   The absence  of any evidence of  convulsive
movements about the bed or body clothing is significant of post mortem
interference, while the ccchymosis of the tongue points conclusively to
the agonies which accompany a violent death;  and unless the bed had
been rearranged after this, it would  still have given evidence of these
convulsive movements, whether death  occurred from suffocation, hemor-
rhage, or convulsions from any other cause.  This cut (on the theory of
suicide) was made at one stroke with a razor;* hence, after the comple-
tion of this cut, the hand would have to  carry the razor clown and drop
it by the side of the body; then carry  the sheet up,  and bloody it from
the cut, carry it down to the position in  which it was found, then carry
the hand to the face, then to the  pillow, and  thence back to the right
side, and drop it over the razor.  This presupposes  1st, voluntary mo-
tion;  9d,  a  bloody hand;  ,and  3d,  that  a  piece  of cloth  "satu-
rated" and " soaked" with blood, would not soil other clothes  with which
it came in contact—all of which is untrue.

                     Lungs and  their Condition.

  Now, to account for the congestion, engorgement and apoplexy of the
right lung, the  Doctor (Clark)  pursues a roundabout way to accomplish
it;  and since the reasoning is so novel I  will  take some pains to lay it
fully before the profession, that they may know how adroitly  the defence
was managed.
  I have already shown how he disposes of the carotid arteries and their
natural action, and since this is equally ingenious, I will present all he
says on the subject.
  1st. He is shown a lung  having great specific gravity,  portions of
which Professor Porter and myself swore were congested, some engorged,
spme diffused and circumscribed apoplexy—only a small patch of what
appeared circumscribed.  (I swore, on the trial, that this last portion
was about as large as a hazel-nut, 1 drm.)  Now Dr. Clark saw all these,
acknowledged  that one was  congested,  one  was  apoplectic; and by
reference to his sworn statement,  it will  be' seen that he finds that this
apoplexy (if not  of the  circumscribed variety) would  be troublesome
to account for on the theory of death from hemorrhage,  and  hence goes
into a general denial as to there  being any diffused apoplexy, any con-
gestion or engorgement—but  says that " the  parts of hugs I saw in
Albany were apoplectic.  There were 3 pieces (1| to 2 oz.) 1 considered
apoplectic.  *  *. The blood  I vsaw in the apoplectic part of the lung,
(which)  I saw in  Albany, was in  air-cells, and must have gone through
breathing tubes;  blood cannot get into bronchial tubes unless through cut,
or (the) blood is  discharged from (mucous)  membrane  (while) living."
 (M)  Now to demonstrate still further his theory of sucking in  blood,
to account for the apoplexy of this lung, he makes the  following state-
ment: " The apoplexy of the lung  seen  at Albany, induced me to sup-

  * A razor is an unmanageable instrument  to use where  any degree  of foroe is repaired,
•ince the whole purchase (unlike a knife) for the hand does not exceed two inches.     . 
65
pose that there had  been blood in the trachea,  and drawn into the
lungs."  This condition, according to his theory, could only be produced
by  "cutting the throat; and severing of  trachea at the same  time
would produce it."  This "would be caused by blood passing into tho
windpipe,  *   *  by convulsive  breathing." (T)  It is worthy of note
that this cutting was the exact counterpart of what  takes place when
animals are slaughtered Jew fashion, i. e., cutting all the  tissues  ante-
rior to the vertebrae (from without inwards), and still this apoplexy by
"insufflation" never takes place, nor can it take place for reasons before
stated.   Then to negative the idea that there could be any congestion, ho
denies there being any in the left, and  then reasons in this wise: " Con-
gestion resulting from suffocation or strangulation (or any  analogous
causes) would be the  same in both lungs."  On the other hand, if the
throat was out—and by his theory of insufflation you would have " apo-
plexy" circumscribed, which  "might be in both  lungs—it would be most
likely in the right." (T)
  He further states  that "asphyxia generally produces  congestion of
lungs, never  apoplexy.   If asphyxia should produce  apoplexy, it
would be that in which the blood is diffused into the  tissue."  I  have
always supposed one was apoplexy as  much as the other.  At least all
good authority lays it down as such   With reference, however, to the
quotation, taking it for granted to be true, it is just  the condition we
found in the right lung, i. e., at  most a small clot and a  large circum-
scribed portion  of diffused apoplexy and a   much larger portion border-
ing on  apoplexy, and still a  larger portion congested, so that in his
anxiety  to make this apoplexy appear  out of the range of possibilities,
as having been induced by asphyxia, he has inadvertently given me tho
data which make it not only consistent with death  by asphyxia, and
throat cut afterwards, but renders it a moral certainty.   Even the next
quotation when viewed in its  proper light will  only  strengthen this
view.   He states that "in drowning  the person  can get no air,"(M)
so that there can be no circumscribed  apoplexy, and hence the conges-
tion is alike in all parts of both lungs.  Not so in manual strangulation
or suffocation where there  is  more  or less remission which  allows the
air to pass.  He must certainly acknowledge  that it seldom happens
that in this latter form of death and under any circumstances where the
struggles are severe,  violent and protracted, the air is not suddenly and
entirely suspended, and hence if blood was discharged into the bronchia
by this struggle it might and would be sucked into the air cells while
it never could be in cutting  the throat as this was  cut, on the theory of
suicide—(taking his own statement.)  In death by asphyxia from  suffo-
cation or strangulation, if blood can be forced out in the tissues such as
the scalp and sub  pleural tissues, why not into the cellular tissue of
the lung and that too  at some points and not generally through  its sub-
stance, and if so, agreeable to his own statement the right lung being
larger and supplied more directly with blood would be the most likely
to suffer.   Hence we  should  have precisely what was here found, i. e.,
congestion,  engorgement, diffused,  and circumscribed apoplexy.
   On the other hand he claims what was untrue, i. e., that all of  the 3
ounces of lung seen  in Albany was "circumscribed  apoplexy," and
that this could  not be produced by any form of "aspl^xia," and that if
there was any congestion at  all it should be  alike in both lungs.  This
I am sure  is incorrect,'for I have seen apoplexy (circumscribed) pro-
duced by a combination of strangulation and suffocation  in two instan-
ces, and still he insists that  cutting throat as this was could produce
          5 
66
 the condition here  found in the following words:  "I became  satisfied by
 the appearance of the apoplexy in the lungs that the  death was from throat-
 cutting."^.)*   I felt inclined to invite him  to write a distinctive text-
 book on the subject of  apoplexy, and to  give us  the especial points of
 difference, as the Profession had been laboring these 1900 years without
 this  grand desideratum.
   Again he says:  "There is no difficulty in  the  blood  getting  into the
 trachea in any position of the body."(T.)
   With reference to this  anomalous doctrine, I have only to say it is too
 ridiculous for discussion, and still this grave counsel says :  "I have never
 seen a case of this kind."   He should not have stopped there  but should
 have said,  "nor  has any one else ever  seen one,"  nor can  it  be  so pro-
 duced when the  parts are severed as  in  this case.   And as to the right

  *The Doctor's  statement  that  "circumscribed  apoplexy"  can be produced by "cut-
 throats" and not by  asphyxia from suffocation or strangulation if worthy of notice, hence I
 will quote all he says on this subject in his Academy of Medicine, report page 331.

                              PULMONARY APOPLEXY.
  " It was claimed by the prosecution that in the right lung there were  several points of
 pulmonary apoplexy, and that  statement was admitted as true on inspection of  the part
 of the lung.  The explanation given by the prosecution and defence was very different; the
former claiming that these effusions were the result of suffocation; the latter, that so far
 from having been produced by this cause, their very existence proved that no suffocation
 had been attempted. No cases were cited, and it is believed that no instance can be  found
 in which suffocation has produced circumscribed pulmonary apoplexy.*  If the explanation
 which Watson  (Pract. Phys., 3d Amer. Ed., p.  613) and Carswell (Path. Anat., part
 Haemorrhage) have given of this occurrence is admitted, it' will appear obvious that the fact
 is inconsistent with asphyxia in any form.  Watson, speaking of  the ordinary occurrence of
 pulmonary apoplexy, says : "The seat of the effusion is in one or more of the larger branches
 of the air tubes and  the bl> od, or a part of it is driven backwards into certain of the pulmo-
 nary lobules by convulsive efforts to respire.  *   * *  * It is easy to understand how
 certain portions of the lung, without undergoing any actual change of condition, may be so
 ehoked up and crammed with blood as to preclude any subsequent admission  of air."  He
 here speaks of the variety called circumscribed apoplexy of the lung, which was the vari-
 ety observed in the lung in question.  This choking up and cramming with blood is a filling
 of the air cells of the lungs.  This can be made evident  by the same procedure by which we
 determine the seat of the effusion in pneumonia; (See Note A.)  by the aid of a lens the little
 coagulum formed in a single air cell can be turned  out  with the point of a needle and its
 character ascertained under a microscope, and thin sections of pulmonary apoplexy under the
 microscope can be easily made to show that it is the air cells that contain the  blood and not
 the general tis.ue of the lung.   Now it is claimed that  pulmonary apoplexy of this variety
 can be produced in cut-throats,  (See Note B.,) merely by a forcible inspiration taking place
 while the trachea is more or less filled with blood from the cut, and inasmuch as "convulsive
 efforts to respire " are necessary so to fill the air cells,  it is plain that such  efforts are not
 likely to take place during an attempt at homicidal suffocation;  (See Note C.,) and further,
 on this supposition there is no source from which  the  blood can flow to  be drawn into the
 lungs. Those who have noticed the effect of cutting the  trachea and large  vessels of the
 neck in the inferior animals will easily understand this.   After the wound is made, for some
 seconds there is no effort at inspiration, but before death takes place there are  usually th-ee
or more, and one or more of these will be observed to be convulsive and noisy from the blood
that has already entered the severed windpipe; and as  an ol'served fact circumscribed apo-
 plexy of the lung does take place in these animals under these circumstances, and will occur
 in the right lung when the body of the  animal is inclined to the  right, or in the left lung
 -.hen inolined to left.  (See Note D.)
  In confirmation of  this view of pulmonary apoplexy I may be permitted to cite a case that
 occurred under my own observation.  At Bellevue Hospital, some yeare ago, we had a patient
 who had occasional vomitings of blood, from ulcer of  the stomach.  One day, while enjoying
 the sun and air on the south side of the building, sitting with other patients on a bench, he
 suddenly disoharged from his stomach a large quantity of blood.  A loud gurgling noise was
 heard in his breathing, and he fell dead.  At post-mortem examination, coagulated blood was
 found in the stomach.  The trachea and bronchial  tubes  contained frothy blood, and both
 lungs were studded with numerous masses, large and small, of circumscribed apoplexy.   There
 was no other lesion of the lung.  It seems to me clear, that this  man, feeling the urgen t want
 of breath while the throat and mouth were full of  blood, had drawn this fluid  into the lunga
 by one or more violent inspirations."  (See Note E.)
  * Doctor Clark says, he has never heard of a case  of circumscribed apoplexy from this kind
 of throat cutting.
  Note A. What analogy is there  in death from  pneumonia, and  death from  severing both
earotids? 
67
lung being the especial sufferer in this any more than in any other form
of apoplexy, he does not deign to tell us where those anomalous cases can
be found, only "he has not seen them."  The bold inconsistent assertion
"that there is no difficulty in the blood getting into  the  trachea in any
position of the body"  bears  too strongly  the  impress of buncombe to
require any consecutive reasoning as may be  seen by reference to the
animal while being slaughtered.
  And as to the possibility of  the  "concurrence of suffocation and hem-
orrhage, (so  as to  prevent the  full amount  of blood from being lost,)
"when the cutting was done as this was (on the theory of suicide) it is
quite out of the question since there are but few efforts at inspiration
which continue  2  to 3 minutes after this  kind of cutting,  while the
bleeding is finished in 1| to 2|  minutes and the convulsive efforts con-
tinue for 4' to 5 minutes.
  In  asphyxia from hanging, the  heart continues to beat for 10 to 15
miuutes, and hence  the natural inference  would be, that in death from
carotid cutting, the  heart continues to act as long as there is any blood
to act on.   For instance,  in cutting all the parts anterior to the verte-
brae of several sheep in the sitting posture, so  that the wind-pipe was
filled instantly with blood; all  the efforts at respiration  only blocked
it up more thoroughly, so that there was not  one  expiration after the
cutting.   The  result  was, that the trachea and all the large bronchia
were blocked up with solid coagula, no "fluid  blood" flowing from the
wound after half-an-hour.  One hour after  the wound was nearly dry,
the  same  as  all the  others  slaughtered, by cutting both carotids  and
pneumogastrics,  and hence, " no fluid blood bubbled out."  These lungs
when  deprived of  the trachea  were, only about 1| ounces heavier than
those  of the  sheep bled in the  ordinary way, while  the specific gravity
was  much less (about one-third),  owing to the impossibility for the air
to escape  from the closed^bronchia.   By the most "careful examination of
these  lungs, there could be found no traces of congestion, diffused or cir-
cumscribed apoplexy.
  I wish now to note some points in  reference to the opinion expressed
by Dr. Clark, as medical counsel, respecting the  weight and specific grav-
ity of the  lungs.  Dr.  Clark states  the specific gravity of the left lung
to be  665.  Now, Dr.  Hogeboom states (June 2, I860,) before the grand
jury:   " Took left lung home with us—examined it on the spot—specific
gravity, .692.  Again in September, 1860, he  says,  "specific gravity,
.692."   Prof. Coventry (June 2, I860,) says,  "specific gravity, .692; and
on the 13th of September, 1860, says,  "specific gravity, .692," so that
we have  these two consecutive statements by these physicians, who
were  associated with Dr. Clark in  this  examination, and though this
statement makes  only a difference of .027, it will be seen of what  im-
portance  it  is sought to be  made  in  the ultimate  results—taking  his

  Note B. This circumscribed portions of apoplexy cannot  be found in those dying from
hemorrhage where both carotids are cut; by a careful series of experiments on animals
slaughtered by throat-cuts in the way Mrs. Budge was cut, none of this apoplexy is found.
  Note C. If blood is effused in trachea during suffocation, why not" have it down in the air
cell6?                                               .      ..,.»..
  Note D.  From experience, I Bay this is not borne out by experiment, while if the inspec-
tion is delayed some time there may  be static congestion.
  Note E. If this case is presented as analogous to Mrs. Budge, I ask in the name of com-
mon sense and oommon reason, can that analogy be " ulcer of the stomach" and vomiting
of blood and  sucking into the bronchia and air cells just the condition that would occur in suf-
focation when blood is forced out of the bronchia, and so be  "choked up  and crammed with
blood as to preclude any subsequent admission of air."  On the other hand if the head is cut
half off, and  no obstruction to the flow of blood, there could be no blood in the air eel's and henci
no circumscribed "pulmonary apoplexy." 
68
data. Dr. Clark's first statement is :  " The range of the specific gravity
is, from .343 to .746," (in life) the mean  of which, .544.  The capacity of
the left chest is " 109 inches," and hence the lung in life is the same.
The lung when exposed to the air sinks  to two-thirds  its natural size."
Suppose this lung died with all the blood  which it contained in life.  " By
this contraction its specific gravity is reduced one-third, and on this
basis the  lung  should have  been 73 inches.   Then  its  specific
gravity would have  been .181.    *****    Jts  specific
gravity adding escaped fluid to  weight  as found, would be  .288.
This lung, (Mrs. Budge's left)  instead  of shrinking to only  " 73 cubic
inches," ought to shrink (on data of animals bled) to 12-24 cubic inches.
Now, Dr.  Clark states, that on the  basis (of death from hemorrhage)
he has laid down that the lung shrinks to  two-thirds its natural size,
" when the chest is opened, and that"  its  specific  gravity  is  reducpd
one-third  '' in consequence."  This statement, on the theory of hemor-
rhage is erroneous.  I find after a series of experiments on animals bled
in the way Mrs. B. was supposed to have been bled (by Dr. Clark), that
the lung instead of shrinking  only " one-third," that the mean ratio of
shrinkage is nearly eight-ninths, and consequently the specific gravity
is reduced in proportion,  and instead of being reduced only one-third,
it is reduced as low as five-eighths to seven-eighths; and hence when in-
flated to life data,  it presents a density  of only  .112,  instead of .343, or
.746, what he claims is the life data from  full  inflation, or .288; what
he claims  must have been the specific gravity of  Mrs. Budge's left lung
at the time of death.  This is on the data of  " 21 cubic inches," as ho
found it.  Now on  the  same  data  (animals bled to  death) as above
stated, instead of  this lung having 21 cubic  inches, (in  death from
hemorrhage) it should have been  only  12.24 inches, so that a lung bled
to death in the  way  Mrs. Budge's  was  supposed to have  been, should
shrink when  the  chest  is  open  to  one-ninth its original size, and its
specific gravity is  increased pro rata.  This lung instead of having a
specific gravity of ".288," (life data) should have been .112, if bled to
death.   Now, instead  of this  left lung of Mrs.  Budge's having only 21
cubic inches, if we  add  the 5  ounces of fluid  which had escaped, it
would have been 30 cubic inches instead of 21 as stated, and taking Mrs.
Budge's left lung as 21 cubic inches—then add the 5 ounces of fluid,  30
cubic inches, and hence, 109 cubic inches, the life data of Mrs. Budge's
left lung is reduced  by  shrinkage  to 30 cubic inches instead of 12.24;
hence taking the data of Dr. Clark (in reference to Mrs. B.'s lung),  the
sheeps lung, (bled to death) which had a life capacity of 210.96 cubic
inches,  should shrink only to 59.69 cubic inches,  instead  of 12.24;
12.24 cubic  inches, the  mean data for  sheeps lungs,  bled as Dr. Clark
supposes  Mrs. B.'s was.
   The following tables will give  some idea of the comparative relation
so far as specific gravity is concerned between the lungs, where death is
known to  have taken place from  hemorrhage, and Mrs. Budge's lung
which Dr. Clark says, died  of hemorrhage by cutting of both  carotids,
and still, when collated with those are found to  have a specific  gravity
of .120 to  .193 greater than his data would indicate.  While, if we take
the right  lung, the difference will be more manifest. 
69
  Sheep's Lungs.—The lungs used in these experiments were taken from the sheep killed,
" Jew fashion:" i. e., (placed on the back, head forced backwards, all the tissues, cut from
without inwards, and down to the spine.)
                                       Before inflation.     After inflation.
                                          Fluid.              Fluid.
No. 1, lungs displaced, [of water] ..................  16   ounces.      102  ounces.
No. 2, lungs  displaced....do........................  16   ounces.      130-  ounces.
No. 3, lungs  displaced....do........................  10   ounces.
No. 4, lungs  displaced-...do........................  11   ounces.      120  ounces.
No. 5, lungs  displaced....do.......................  11   ounces.      112  ounces.
No. 6, lungs  displaced.... do........................  15   ounces.      122  ounces.
                                            79   ounces.      586  ounces.
                                            13.16ounces.      117;2 ounces.

  Assuming  Dr. Clark's data, 1£ ounces=2.7-10 cubic inches, we have the average bulk of
lungs uninflated, 23.69 cubic inches, and the average bulk of lungs inflated, 210.96 cubic  in-
ches. Mrs.  Budge's left lung uninflated=30 cubic inches, inflated 109 cubic inches.  Hence,
210.96: 23.69 : : 109 :12.24, and conversely, 109: 30: : 210.96 : 59.69.
   Six sheep weight averaging about 120 lbs. bled by cutting both caro-
tids and nerves, trachea, &c.
   Mean weight of both lungs, weight 14.9 oz. on  the data of 1| oz.=
2.7-10 cubic inches.
   Mean weight of both lungs, uninflated, gives 23.69 cubic inches.
   Mean weight of both lungs, inflated, gives 210.96 cubic inches.
   This makes an average  shrinkage of 9 times its original bulk instead
of one-third.  On this data  the specific gravity in life was  .112.
   Woman weighing 140 lbs., bled by cutting one carotid and windpipe.
Taking 109 cubic inches for the life data of the  left lung, then the right
having 3^ cubic inches more, makes this lung .112^.  On this data, this
right lung  presents  a  specific gravity when inflated of .168; the left
lung presents  a specific gravity, when inflated, of .163.  On the same
 data, Mrs. Budge's left  lung was .288;  and her right lung .305.
   Now if we take pro  rata  muscular weight of  body, one (Mrs. Budge)
 being 96  and the other 140 lbs., the  relative specific gravity of this left
 lung would be about .150 instead of .163,  when however it is known that
 this woman bled from one carotid only it may account for the slight differ-
 ence in density as presented between her lungs and the mean density of
 those of six sheep bled to death by cutting both carotids and pneumogastric
 nerves; the latter however are  nearly uniform, and even  more exsan-
 guined than where only one carotid and no pneumogastrics are divided.
 Now contrast the density of either the animals' or the woman's lungs as
 compared with Mrs. Budge's left, .288, or right .305, and we have reason
 to take Doctor Clark's statement that this .288  would  be a good deal
 below the average .545, his data of specific gravity of a lung, with many
 grains of allowance, since it furnishes irresistable proof that death took
 place while the lung was full of blood—in other  words, death was  not
 produced by hemorrhage,  since the lungs were not exsanguined.
   Now, it will be remembered that there had been some decomposition
 of  the blood going on during  the 4 months, and much bloody serum was
 driven out through the wound; and some  had infiltrated into  the cavity
 of  the pleura, and still this  lung weighed at the time of death near 13
 oz., and  when examined  near 8  oz., instead  of which,  if  this  lung
 died from hemorrhage it should have  been reduced to 4^ oz.*  Now, if
 this (Doctor  Clark's case) lung died with a normal amount of blood
 in it, and still during 55 days it is reduced to about what it would have
 been (4£  oz.)* had it been bled to death,  while its specific gravity was
   * Bulletin Academy of Medicine, p. 11, experiment No. 4, made by Doctor Segur, by di-
 rection of Doctor Clark, and  contained in his report of the case, says, " A woman aged 21,
 weight estimated at 110 pounds, died of meningitis,  the right lung weighed  13^ oz., and
Total displacement...
Average displacement 
70
diminished .049.   Now, if Mrs. Budge's left lung  had contained only
fluid blood and no congestion at the time of death, the lapse of 120 days
would surely have reduced this (Mrs. Budge's) lung to 4| or 4£ oz. by
the same process,  (drainage.)
  The Doctor (Clark) is here presuming on the condition of lungs in a
normal state in life, and not those  which are supposed to have died from
hemorrhage, which would have completely exsanguined these organs so
that scarcely one drop of bloody serum  could  have escaped by the pro-
cess of "drainage," hence his assertion that "This  drainage of 8 oz. of
fluid from the right and 5 oz. from the left would not be an unnatural
quantity at the end of 4 months in case of death from throat cut," (T.)
(death by  hemorrhage.) Here his statement is entirely opposed to a
eeries of experiments  conducted on the lung's of animals, bled to death
by cutting in the same  manner as  Mrs. Budge was cut. (See table No. 1.
p. 110.) Hence, I say that 5 and 8 oz. respectively is an unnatural quantity
after end of 4 months,  in case  of  death by hemorrhage.  And as to the
assertion that the  lung shrinking  from  its own elasticity only one-third
when the  chest is  opened in those  bled to death, it is untrue, and is evi-
dently intended to convey a wrong impression, as can be easily  demon-
strated by inspection df-animals and their lungs when bled to death in
the usual way by  cutting all the parts anterior to  the vertebras.  I think
.300 to .700 the range of specific  gravity as laid  down in Gray's Ana-
tomy, is not intended as life data, since it does not  seem probable that
there  could  be such a range  in  life: but that this is intended  for the
healthy lung (inflated with the residual blood in it)  of those dying from
ordinary diseases  not involving the lung tissue; and as to the one-third
increase in specific gravity when the lung collapses, I  can only say that the
condensation and specific gravity of a healthy lung depends entirely upon
the amount of air and blood contained in them or the degree of putrefaction.
  Now, perhaps Dr. Clark means to reason thus, as  to the specific grav-
ity of the left lung.   If the lung,  in life, has a capacity  of 109 cubic
inches, and on the basis of death,  with  the lung containing the life data
of blood, then, on opening chest it would contract one-third and leave
the lung of the capacity of 73 inches,  instead of  21 cubic inches  as
found.  And in proportion  as the  lung contracts the  specific" gravity
increases, leaving it of a density of .288,  life data, instead of  .343 or
.746, the  extremes of what he  claims  as  life data  of specific gravity.
Therefore,  if this  is his meaning he reasons himself out of the range
of probabilities, i. e., if this body died of hemorrhage.  If it did not then
its  condition  corresponds  with post mortem hemorrhage, and  is still
inconsistent with his theory of death from hemorrhage and circumscribed
apoplexy.
  The last and perhaps not least point relied  on by  Dr. Clark was, that
" blood bubbled up in wind pipe by raising arm after death, would show
that blood had been  drawn in  in life, thus mixing it with air.  That
could not be so if  suffocation had  produced the death, as in that case
there would be no air in motion."
  He states that all the blood " coagulates in death, by cutting  throat,
and hemorrhage and forms into clots around and in  the wound,"  and in
a cutting like this "the arteries would continue to  drip as long  as the
heart beat and until coagulation of the blood  in the body." (T.)   Now,
22  hours  after  death,  and  cold weather  at  that,  every drop of blood
displaced \1\ oz., giving a specific gravity of .729, suspended in a stop jar 55 days, the drain-
age was 9± oz.; the lung then weighed 4^ oz., and displaced 6  oz. of water, the specific
gravity being .680.  Here it will be seen that in 55 days, more  than two-thirds of the ordi-
nary weight of the lung has drained from it in fluid matter, leaving the lung tissue not yet
dried weighing not more than 4J ox." 
71
would, of necessity, be  coagulated in the bed, and agreeably to  this
theory the body, wound,  and wind pipe, and there could be no " fluid
blood to bubble out."   For instance, in cutting the throats  of  animals,
abso, in suicides, by cutting one or both  of the carotids, in  an hour or
two, at farthest, there is not one drop of fluid blood, it is all separated
into coagula  and serum*,  and since  "fluidity  of the blood is  com-
mon to all modes of asphyxia " and since this was  precisely the condi-
tion of Mrs. Budge (agreeable to their  own theory) we have no  evi-
dence of any coagula, except, perhaps, some  small ones in the  bed.  If
(on the theory of suffocation J her throat had been cut in the third stage
of asphyxia, then I ask, Where did  all this  blood go  to ?  when  it is
known that accoucheurs say in post partum hemorrhage  that 15, 20  and
even 30 lbs. of blood is lost in the course of a few hours (also in decapi-
tation 24 to  28 lbs.  of  blood is lost). * The whole bed including the
straw as well as feathers  and tick, would be saturated, and would  even
extend through to the floor, leaving  a deposit  of several pounds of
blood on it; and as to the sudden loss of  blood having any bearing on a
death produced by this kind of cutting it is quite needless for me to say
that there is none since fainting has little, if any, effect on the amount
of blood lost when its exit from the heart is as free as when both caro-
tids are cut.   The heart  being an  involuntary organ, its action is not
materially interfered with, even though syncope  supervenes, and more
especially, if  the blood finds a ready exit as  it would in this  instance.
During syncope, the force of the circulation is somewhat diminished in
the system, i. e., in the vessels.  Even during this condition if the largo
arteries  (carotids)  were  cut, the blood  would spirt furiously and tho
amount lost would be nearly the  same as  if cut  during full conscious-
ness, so that syncope, and the small loss of blood are obviously out of
the question.  Thus, if this body, in life, contained 25 lbs.-of blood and
there was no more than  a quart  lost,  where (on  the theory of suicide)
had all the blood gone ?   I will answer!   This body was dead or nearly
so before the throat icas cut and the residuary amount  of blood in the
large vessels was driven, by the gases generated from its own decomposi-
tion, into the  capillaries,  and out of the wound,  and thence settled to
the most dependent position, just where we found it, and so reported in
our  notes of the case.  This theory of  the medical counsel is sadly want-
ing  in consistency.  Now if she had been asphyxiated and life not quite
extinct^ then the blood which flowed in the bed might coagulate imper-
fectly, while the portion which remained in the body would, of necessity,
hefluid.  On the contrary, if the cutting was done in full life, she would
have bleed out at least 16 to 18 lbs. agreeably to  his own theory, and
hence there would not have been left the "fluid blood to bubble out" 22
hours  after death,  so  that  " stuffing with cotton bat, sewing  up, com-
pressing and  bandaging did not arrest the bleeding."
   Now suppose Mrs. Budge had died  of "asphyxia," and the throat cut
even after she is entirely dead and cold, the trachea filled with fluid blood.
Then the arms are lifted,  the ribs elevated and depressed alternately so
as  to  imitate respiration, would not the "fluid  blood"  and  "air" be
churned up as thoroughly as it could be under any other circumstances?
Add this to the fact stated by their witness Dr.  Olmstead, that "3 to  6
ounces" of fluid blood oozed out of the neck during its  dressing and
this was only suppressed  by compress and bandage  and we have  I
apprehend data quite sufficient to  establish the fact that Mrs. Budgs
died before her throat was cut.   On the contrary if this throat was cut in
•See Appendix. 
72
full life the blood is all clotted in cut,  wind  pipe, &c,  so there is "no
fluid blood to bubble up" or churn, even though all the appliances possi-
ble were used to effect this end.
  The effort made by the defence to show, through their medical counsel
that elongated spots of blood were found  on the  sleeve of the right
arm, and fore-arm, when the evidence was  that there, was none in the
direction in  which the carotid  arteries pointed, whether  she were in the
sitting, or lying position, is foolish, in  the extreme,  since no heart or
any other force pump ever propelled a stream  without  there being drops
extending continuously from  the  point  of gravity, (i. e. directly under
the nozzle,)  to the most extreme point to which the fluid was thrown,
and so here  the stream  could  not spirt up, on the  face, and leave the
intervening  neck clean, and still  more preposterous would be the idea
that the blood could spirt laterally over the sleeve, and still leave the
intervening  space on the bed  entirely clean,  and besides agreeably to
their theory "blooddoes not spirt 'from  a' carotid artery" when cut  as
this was.
  So  also  if she  were  sitting up on  the bed, (as  has  been gravely
suggested) and held this saturated sheet up  before the neck, still the
right hand would be between the  sheet and  neck, and would of necessity
become covered with blood, i. e.,  if the  flow, or jets on the sheet, were
sufficient to  saturate its substance—the  anterior part of the body would
necessarily  be covered with blood, and if, in the same  (sitting) position,
the sleeve of the right arm was blooded, as above stated, the  space  on
the bed, between and beyond the arm would  necessarily be covered with
blood from its spirting, on the same, theory—suicide.
  Another point worthy of notice presented by Dr. Clark is that  " there
was on back of  (left) lung more" blood than  natural.   It is  such as is
found in  every body  after death.(M)  Now he states that this body is
empty front and rear, capillaries  and  all, and still  there is static con-
gestion of this lung; if this body (which he says died of hemorrhage) is
empty "entirely" why should  not the lung be also "empty."  In animals
bled to death, the lungs and  body are equally exsanguined,  and hence
the static congestion should  he equal (in death by hemorrhage.)  Doc-
tor Clark further states that the weight of the left lung (of Mrs. Budge)
was about 13 ounces.  "In life it should have been  17 ounces."  If^ we
adopt the data of 4.50  ounces for  this lung  if bled  to death—17 ounces
as his life data, two-thirds  of which, or 11.33  ounces  is  lost by  hemor-
rhage, leaving only 5.67 instead of 13 ounces as found by him.
  The same  figures  are applicable to the  right lung which at death
could not have  weighed less than 17 ounces  when the life data "would
be  19 ounces."
  Then starting with 5.50 ounces, the weight if bled to death, 19 ounces
as the life data, two-thirds of which, or  12.66 ounces, is lost in hemor-
rhage, leaving  the weight at the time of death 6.33  ounces  instead of
17  ounces, the least amount it could have weighed at  the time of death,
and perhaps much more.
  Hence, taking his own figures as  data to  reason from, we have I
apprehend more reason to adopt some other theory to  account for the
condition of these  lungs than "throat-cut" and "hemorrhage"  in life.
Again, notwithstanding "there was on  back of (left) lung more blood
than natural, (M) he goes on to  say, "no congestion in that lung before
death—no evidence of it, but evidence to the contrary."(M)
  Now, let us see  what this " evidence" is.  He says, "there is in lungs
(of an adult) during life not more than 35 to 40 ounces" (M), taking 35 
73
ounces  for a  small  woman, and  the  left lung, according to  Doctor
Clark's  statement, is two ounces less than the right, which would leave
it (the  left)   15.5 oz. as the  life  data; now,  if (his data, § or) 10.33
ounces are lost  by hemorrhage, this would leave the absolute  weight
of Mrs. Budge's  left lung, at death,  4.15 oz., instead of 18  ounces as
found 1
  Now, the right lung (from  the same figures, his-data) would  present
an  absolute  weight, at death, of 6.5  ounces, instead of 17  ounces as
found.  Now, adopt any mode of reasoning from the figures presented
by  Doctor Clark, and we  find that these lungs were "congested before
death," and hence "more blood than natural in posterior part of lungs,"
while  both lungs, at death, were nearly three times as  heavy as they
should  have  been,  in  death by hemorrhage!   Now, to follow up the
analogy still further, I quote from Taylor, p. 319, table of mean weight
of  infants lung  before and after respiration:  649 grs. before respiration
of  a full developed infant, 927 after full respiration,  giving an increase
of  278 for full respiration and establishment of the life data of  blood in
the lungs; this,  then, resolves itself into a mathematical problem.
   Now, Doctor  Clark has established by the process of "drainage" (see
 note-report of case copied from bulletin of the Accademy of Medicine)
 what he thinks is  near the  weight  of an exsanguined lung, we  then
 take this as  the data: Then take 649 grains for the child  before respira-
 tion, 729  grains after  respiration, what will  be the increase on 4£ oz.
 (2,040 grs.),=567,120 (or 6 oz. and 15 grs.), so that, upon this data, this
 left lung with  its blood in life would have weighed 6 oz. and 15  grs.,
  instead of 17 oz.  Ergo,  Mrs. Budge's left lung should have weighed no
  more than 6 oz. with the natural life blood in it, or 4£ if bled to death;
  hence Doctor Clark's 17 oz. as the life data is entirely too much, and our
 statement that  the lungs were congested, is not so far from the truth (as
  Dr. Clark supposed) on the theory  of  death from  hemorrhage.  And
  his statement of "more blood than natural" in "the posterior part  of
  the lung," (though inconsistent with some of the other statements made
  by him5' is  quite consistent with asphyxia and post  mortem throat cut-
  ting, since the  fluid in the  jar in which it was placed (Mrs. Budge's left
  lung), subsequent to  its removal, was highly discolored with blood,
  while there  was a large  deposit of  debris of broken down fibrin and
  blood  in the form of a nocculent  sediment in the bottom of the jar, this
  could  not have existed if  she  had  died from hemorrhage from cutting
  throat, as this was (on  theory  of   suicide).   Hence,  I say,  that the
  cutting icas done after death.  I have examined all the points contained
  in the following quotation from Doctor Clark's testimony, except that
  which so emphatically  denies the possibility of death from any  other
  cause than  hemorrhage.
    I have insisted  from  the first that this woman was  dead before the
  throat was  cut, and that  the  cutting was done to cover the crime of
  murder, and suggested asphyxia—by strangulation, suffocation, smother-
  ing or 'some other analogous cause, as the probable mode of death. The
  condition of the lungs, tongue, pharynx, &c, &c, were inconsistent wrth
  death from  hemorrhage, and I here  again  quote  the  whole paragraph
  where he (Dr.  Clark) says:  "The condition of the body of Mrs. Budge
  externally—the absence of marks of violence upon it, the  character of
  the wound  in  the neck, the  condition of the body internally, the empty
  vessels of the circulating system, the absence of blood, together with
  the condition of the organs and parts of the body seen by me enable  nie
  to state  confidently what was  the cause of death, as strong as language 
74
can express it, that she did not die of suffocation or  strangulation, but
from the loss of blood beyond a doubt." T.
  Now, I  will endeavor to show that the condition above mentioned was
not only consistent  with asphyxia, but that those appearances conld not
well have been produced by any other cause.   I will also endeavor to
show that death from  all forms of asphyxia leaves nearly the same post
mortem appearances as to congestion, taking into consideration the fact
that time effaces this  congestion in the heart and  large  vessels; that
cutting the jugular veins disgorges the  heart and large vessels connected
therewith, and by induction also may relieve at most some of the conges-
tion of the lungs, or Sit least that portion which is situate above the level
of gravity; tln>t where the inspection  is delayed  some time after  death,
the heart and large veins are empty;  that when  the  vessels  of the neck
are not constricted during  the production  of asphyxia, the face is pale;
that where there are marks  on the  body of the asphyxiated person, post
mortem hemorrhage would relieve or obliterate most or even all of  them;
that asphyxia may  produce circumscribed as well as diffused apoplexy;
that (in death from asphyxia) blood  is found in the trachea and bronchia,
and hence may be sucked into the bronchial air-cells, producing circum-
scribed apoplexy, which (I have previously shown) cannot he produced in
any way by cutting the throat and hemorrhage in life, as this was supj)osed
to have been (by Dr. Clark).
  The  first point I  shall notice (from Dr.  Clark)  is,  " that congestion
resulting from strangulation or suffocation would be the same in both lungs
—having regard to their relative size."  (M)  Now by a series of careful
experiments  on the animal (sheep), I find in death by hemorrhage,
where  the cutting involved the same as did the wound in Mrs. Budge's
neck, that the difference in weight of the right as compared with left
lung did not exceed 2|  ounces; while  in those  suffocated or  strangu-
lated by a slow process, the difference  was in  some instances as  much
as 6 ounces, but  always  greatest in  the  right  lung.  (See tables  1
and 5,  p. 110.)  And again, he says:  " If she had been smothered the (left)
lung should have been above average, and its weight would have been
at least 22 ounces." (M)
  Now suppose this lung had weighed 22  ounces at the time of death,
and the throat cut after, then the heart would have been emptied by the
post  mortem hemorrhage (and  changes  which would leave the lung as
found, 13 ounces),  and if the  hemorrhage alone did not relieve the conges-
tion, subsequent post mortem  changes by the  generation of gas  would
effect this  most fully;  so that even  if this  lung contained at  death 22
ounces, 13 ounces would be a great weight after the lapse  of four months,
and the throat cut  at that; hence his statement that "cutting her throat
after smothering would not  have lessened (the) weight of lung," (M)  is not
borne out by experiment, since it will be seen by reference to the quota-
tion from  Taylor, where cutting  the  veins of the cranium or neck (in
death from asphyxia)  drains  the heart and large veins of the thorax.
The  following case is  quite in point, except that  its throat was not cut
at all as Mrs. B.'s was: Case of W. B Kirwan;  Taylor, p. 504;  death
from  drowning.  "It had  been lying  nearly a month  in a wet grave.
  *   * The lungs were congested  at the back and lower parts, arising
from engorgement of  blood; the internal  organs were not decomposed;
the heart was healthy; its cavities,  as well as the large vessels leading
to it, were empty."  In this case  one of the witnesses stated that "the
engorgement in those lungs was greater than he had ever seen in  a case
of drowning;"  and still like  Mrs. Budge, the "heart as well as the large 
75
vessels leading to it were  empty."   Now upon careful inspection of many
bodies, after partial decomposition of the blood, I find the heart and large
vessels empty, while the lungs are materially affected by drainage into
the cavity of the chest.
   Appropos, to elucidate  still further  this matter of the emptying of the
thoracic viscera and particularly the fluid portion of it, I  will quote from
Watson on Homicide, (p. 354) in which he says:  "If a person has died
from asphyxia and if the head is opened first the whole blood congested
about the right side of the heart may escape from the  cranium from  the
jugular veins, and thereby materially alter the appearance in the thorax."
   Now this fact alone would account for the emptiness of the heart,  (in
Mrs. Budge) while much  of  the congestion which existed at the time of
death either ran out of the jugular veins by gravitation and the natural
elasticity of the heart  and v ssels or was driven  out by the development
of gas,  or leached into the pleuritic cavity of the chest.   Add to this  the
fact (Taylor, 528) that "if the subject (asphyxiated) has remained a long
time in  water, (or ground)  (see  ib.  page  534) before  inspection  the
viscera of the thorax will  not present the characteristics above  described,
(i. e., congestion of the thoracic viscera,)  independently of the changes
which take place in consequence of putrefaction, the right cavities of the
heart and vessels immediately connected with  them may be found collapsed
and generally destitute of blood," thus showing the inconsistency of  Dr.
Clark's statement that "if  she (Mrs. Budge) was  smothered  and (the
throat)  then  cut, not much  more  than half a pint  of  blood would run
out, may be less.  The circulating  system, in that event,  (would) be  full
of blood,  except near the cut,  *  *  (and) If person  (is)  smothered
and throat  cut (afterwards)  no  blood would flow from artery (except)
what gravity would drive out by contraction of artery" M. 'This I find
from  a series of  observations  on  bodies dying from asphyxia, from
drowning, accidental suffocation, &c, is untrue, in proof  of which I will
quote from Watson on Homicide, (p. 115) in which he  states that "  the
most important and characteristic  appearance which is  observable  on dis-
sect/ion after death by asphyxia, is the  great accumulation of blood in  the
right side of th&heart, and its great -m'nsthe pulmonary artery and vessels
of the lungs, while there is a comparatively empty state  of the left side
of the heart, the large pulmonary veins, and the artery.   This gorged state
of the right side of the heart  and lungs is greatest where the asphyxia has
been slow and gradual, by the access of air to the lungs not having been
completely prevented.  When asphyxia,  on the other hand, has caused
death quickly  and suddenly  there is little or no unusual  congestion of
blood in the lungs or heart.  Besides the congestive state of the heart and
lungs the  veins of the  different organs in the  abdomen, particularly those
most dependant are generally found  to  be unusually distended with blood.
The vessels of the brain,  too, are in some cases more distended with blood
than is commonly  observed in cases of death by other  causes.   In cases
of death by asphyxia,  as in  most cases of sudden and violent death,  the
blood is usually found  in a  fluid  state, or  very imperfectly coagulated.
The blood therefore flows freely out from the large veins  when they ark
divided; venous blood, may sometimes be found also in the  large arteries."
Watson on Homicide, p. 136, says:  "In consequence of the blood remain-
ing fluid (in death from asphyxia)   *   *   the position in  which the body
may have been placed, may have removed the  congestion, about the head
and face.    The greater part of the blood may also be removed from the body
by opening the jugular veins and destroying the congestive  appearance."
And in proof of the blood being  fluid  in all cases of asphyxia, I will 
76
quote from Doctor Clark's statement, which is, that "fluidity of the blood
is common  to  all kinds of asphyxia." N.   So,  also,  Watson (p. 155)
states that "the blood of drowned persons is generally found to be fluid,
as in other cases of asphyxia," and as the point relied on by Doctor Clark
for proof positive of hemorrhage during life, and in opposition to death
from asphyxia,  viz, the coagula said to have been found in the bed near
hip, &c, and slight or imperfect coagulation about cut, I will only give
the following quotation from  Taylor's Medical Jurisprudence, (p. 217,)
in speaking of the coagulation of blood, he says: "Some hours may elapse
before it (blood) coagulates in the heart and body, hence blood, although
it would not be found diffused  as by spirting, might,  in so far as coagu-
lation is concerned, assume the appearance of having been  effused from a
living body."
  Now this  is precisely the case of Mrs. Budge where there was no
spirting, and at most but slight coagulation,  while at the  time of the
inquest 20 to 22 hours after death, there was fluid blood oozing from the
tissues, vessels, and trachea, which was spoken of as "3 to 6  ounces of
fluid blood "sponged out in the dressing  of this  wound which required
stuffing, compressing and bandaging to prevent the flow of fluid blood con-
tinuing.   Notwithstanding this, it still oozed out by the side, and through
all the dressiyigs, while the bubbling "of air and blood" from the trachea
when the arms  were elevated arid depressed producing artificial respira-
tion, which was relied on as evidence of death  from hemorrhage, was in
fact the best evidence of death from  asphyxia, since if this blood had
been deposited  in the trachea from the living body it  would  have been
solidly coagulated; the same would be true of the  "fluid blood" from the
wound,  and hence no "fluid blood" could  flow  or "bubble out" as there
would be no blood to "produce it."  As to the presence of blood in  the
trachea and bronchia, which would account for the apoplectic condition
of the right lung (taking Dr. Clark's statement that the 3 pieces of lung
(about  2  ounces,) which he   considered circumscribed  apoplexy, and
which  he says  could be produced by  "cutting throat and  severing
trachea" at the same time.  On this point I will show that blood can be
effused in the bronchia during the production of  asphyxia, while it can-
not be drawn into air cells, where  death is produced by this  mode  of
cutting, under any circumstances.  In  Watson on Homicide, p. 115, in
speaking of  the effusion of blood, in  asphyxia, he says,  "Blood or bloody
froth is often found to have issued from the nose, moxdh, &c.; internally, the
appearances are somewhat  various  according  to the manner  in which
the asphyxia has been occasioned and whether death  had  taken place
quickly or slowly," and in speaking of the following (case 126, p. 164)
he states "that  forcible  compression of her chest (was effected)'  *   *
with his (the murderer's) knees,  *   *  there  was bloody mucus in the
trachea and bronchial tubes"  so that, in order  to have blood sufficient to
produce circumscribed apoplexy, it  is not necessary that "cutting the
throat and severing trachea at" the same time should take place that the
requisite amount of blood should be present.   Since  Doctor Clark, who
is the  only  author  (that  1- can find)  who speaks  of  circumscribed
apoplexy produced by throat cutting (as  Mrs. Budge's was),  acknowl-
edged "he had never seen one," and though he live as long as Methuselah,
I can assure him he will never see one.
  Now another point adduced  by Dr.  Clark  to prove death by hemor-
rhage and not by asphyxia, he quotes the "empty heart and large ves-
sels"—that they were "empty  and colorless."  That they were empty I
do not deny, but that they were "colorless" 1 do deny, most emphatically. 
77
 Now  in  reference to the empty vessels and  heart occurring some time
 after  asphyxia, I  have  only  to. say that the following condition as
 detailed by Taylor (in his Medical Jurisprudence) does exist in death by
 asphyxia, where none of the large vessels are severed, how much more
 reason would we have for expecting to find this empty condition where
 all the large  vessels of the  neck were  severed  near the sternum.   In
 asphyxia from drowning Taylor says (p. 528): "On  examining a body
 internally we may expect to find in a recently drowned subject that the
 viscera of the thorax will present the  appearances indicative of asphyxia.
 The right side of the heart and the vessels connected with them (pulmo-
 nary arteries) are distended with blood,   *  *  the venous  system is
 generally gorged with dark colored blood, and  the left cavities of the heart
 are empty, or contain only a small quantity  of black blood.  *  *  If
 the subject has remained a long time in water before inspection the viscera
 of the thorax will not present the character above described, independently
 of the changes which may have taken place; in consequence of putrefaction
 the right cavities of the heart and vessels immediately connected with them
 may be found collapsed and generally destitute of blood."  So in Mrs.
 Budge, who had lain four months in a grave,  thence the heart-and large
 veins were empty.
   Taylor (page 557), post mortem appearances in death from asphyxia
 by hanging, says, " Internally we meet with  the appearances described
 under the head of Asphyxia, i. e. engorgement of the lungs  and venous
 system generally with dark colored blood; the right side of the heart and
 great vessels connected, are commonly distended with blood.  But when
 the inspection has been delayed for several days this distension may not
 always be observed."  Watson on Homicide  (p. 162, case 125), in speak-
 ing of a case of drowning, some days previous to dissection,  and though
 in this case, the " lungs  were healthy  *  *   and of a more livid color
 than natural,  and their vessels filled with venous blood  *  *  the heart
 was almost empty, the right side was particularly empty and flaccid."  Now
 in reference to Doctor Clark's statement, that  suffocation and strangula-
 tion in opposition to other forms of asphyxia left distinctive marks such
 as " effusion of blood under scalp, under pleura  *    *   pericardium,"
 &c, I shall only state, that' if  blood can be forced  out into the cellular
 tissue of these parts  (in the form of ecchymosis), why not into the pleu-
 ral cavity, bronchia and air cells and cellular tissue of the lung in  the
 form of what we found, i. e., diffused apoplexy—congestion and engorge-
 ment,  also a very  small point (as large as a hazel nut) of  circumscribed
 apoplexy.  In  answer to the statement of Doctor Clark,  I will  quote a
 case in point with this exception, that its throat was not cut after  the
 induction of asphyxia, as we suppose Mrs. Budge's was.
   Watson (p. 117), says, "After death by suffocation, the usual marks
 of asphyxia are  generally present."   Also,  page  122,  case 106,  of
 strangulation,  " Some blood was issuing from the mouth    *   *    the
 veins  of the neck  and  upper  part of the chest when divided  poured
forth  dark colored blood very copiously.  The right  side of the heart
and large vessels contained dark colored fluid  blood,  *  *  lungs natu-
ral in color  and consistence, though collapsing less than usual; when
cut into the incision was a livid, fleshy  (circumscribed apoplexy) color,
and venous blood was copiously poured out.  The congestion, particularly
in the right, seemed considerable."  Now this is a case precisely in point
with Mrs. Budge.  Now Watson's case was known to have been suffocated
and when on dissection the medical jurist cuts the veins, a large amount
of venous blood is poured out.  So also  when the  murderer cut Mrs.
Budge's throat, after asphyxia,  the veins  also  discharged a considerable 
78
  amount of blood.   Again  in  Mrs. Budge, like Watson's case, you have
  congestion and engorgement, and most in the right lung,  while the diffused
  apoplexy was so considerable that they did not  "collapse readily," and
  when cut into, presented a  "livid  flesh color,"  evidently apoplexy of
  the diffused and perhaps circumscribed variety.   While if careful inspec-
  tion had been instituted it would probably have presented some points
  of circumscribed apoplexy, from the blood being sucked into the air cells
  from the  trachea and  bronchia in the struggles for air.  This would be
  even without Doctor Clark's desiderata, i  e., "throat cut"'\n order to have
  the requisite "blood in air cells"   Another point insisted on by  Doctor
  Clark, is that " neither strangulation nor suffocation would force blood
  into the pleural cavity." (M)   As to this, I cannot contradict the state-
  ment, since I have no data.  When I first made this examination, I stated
  that the  fluid in the right cavity of the pleura was  blood; I so  judged
  from its consistency and general physical characteristics.  In this state-
,  ment, I may have been mistaken, though reasoning from analogy  we find
  blood in  other shut sacs, such as the arachnoid, and  this exudation,
  takes place without perceptible lesions,  called " exhalation," while the
  fact that this blood coagulates and even becomes organized where life is
  prolonged some hours  or days.  Now, supposing  this  (fluid in  the right
  cavity) to have been pure blood and effused before death, the carbonated
  condition of  the blood, from the induction of asphyxia, would have been
  a valid reason for its non-coagulation in the pleural cavity. On the sub-
 ject of effusions into cellular tissues and the arachnoid, without  apparent
  lesion, I quote from Solly on the Brain, p. 378: ."Extravasations on the
  surface of the brain have sometimes been described as meningial apo-
  plexy.  This is divisible into two kinds, one into the cavity of the arach-
  noid, the other into the sub-arachnoid tissue.  Effusion in the arachnoid
  cavity is  never the result of  such a decided rupture of the vessels  as is
  visible to.the naked eye, and  hence it has been called  an exhalation."  In
  this case the legal, through their medical counsel, insisted that this "exha-
  lation " could not permit the  passage of the blood—that there must be a
  perceptible lesion, in order that all of the constituents of the blood could
  pass through.  Now if there is none in the arachnoid membrane, why
  should there be ever " a decided rupture of the vessels   *   *    visible
  to the naked eye in case of effusion into the pleural cavity," (idem) page
  380, "Apopletic  effusions on the surface (of serous membranes) gene-
  rally arise from  the rupture of small  vessels;  sometimes  no rupture
  whatever can be  found."  Now as to the analogy of the serous mem-
  branes, I quote  from Gray's Anatomy  to confirm it.   He states,  " the
  arachnoid, like other serous membranes, is a shut  sack, and (like the
  pleura,) consists of a parietal and visceral layer." There are instances in
  which large effusions take place, sometimes even nearly surrounding the
 entire brain, which we generally find coagulated (showing that it is pure
  blood), still  " the effusion in the arachnoid  is never the result of such
  decided rupture of the  vessels as is visible to the naked eye,"  and hence
  Doctor Clark's medical advice  to his legal associates is premature, and
  unsustained  by the best authority in the  world.
   I will present some  figures to still farther elucidate the point of the
  absolute weight of lungs in certain  modes of  death—their bearing will
  be seen at a  glance. I will also elucidate some of the points raised on
  the murder trial by the defence, which  no doubt emanated from Doctor
 Clark, and since some of them were quite novel to me, I was then unable 
79
to give a satisfactory  answer.   I therefore  present  the  result of my
subsequent investigations in this connection.
  I examined a muscular woman, weighing 140 lbs., and bled to death,
(she lost, as was supposed,  16 to 20  lbs.  of blood), her lungs weighed
14.75  oz., while Mi$. Budge's lungs weighed 30 oz.  If this woman had
weighed no  more than  Mrs. Budge, her lungs  ought to have weighed
only 10.32 oz., on the data of equal  muscular weight, and death  from
same-  causes.  Hence Mrs. Budge's lungs weighed 20  ounces more  than
they should  have weighed,  on the theory of death from hemorrhage.
  Taking the above data I think the following tables will be about cor-
rect when they are compared with those taken from the  animal.  They
are as follows :
  10.33 oz. is the weight of the  lungs of a sheep, bled to death.
  17.10 oz. is the weight of the lungs of a sheep whennearly suffocated,
and then bled.
  29.37 oz. is the weight of the lungs of a sheep dying from suffocation
and throat exit after.  (See table No. 5.) On  the data of the woman bled
to death:
  10.03 oz. should be the weight of Mrs. Budge's lungs if bled to death.
  17 oz. should be the weight of Mrs. Budge's lungs, partially suffocated
and then bled to death.
  29.50 oz. should  be the weight of  Mrs. Budge's lungs suffocated and
cut after death. (Table No. 8, p. 112) Now, the degree of congestion might
be much greater than this, depending upon the weight of the body and
the means used to effect death.  In one instance I found  the two lungs
of a man (weighing 160 lbs.) strangled and suffocated, weighing 105 oz.;
and since  the mode of  suffocation  of the  sheep was effected  with-
out any struggles, it being  produced  by close confinement in the  cars,
hence the congestion and absolute weight would not  be  as great  as it
would if done by manual efforts.
  The amount of drainage of bloody serum from the lungs depends  upon
the mode of death. (Table  No. 8.)   When-  death  takes  place from full
arterial hemorrhage there is no drainage  up to the time of decomposi-
tion,-  (Tables  No.  8, and No. 1.) while from  those  dying  from other
causes there is an indefinite quantity, depending upon the mode of death
and the degree of congestion.  (Tables No. 2,  3, 4, 5, 7, 8 and 9.)  In
the above case of death from hemorrhage there was no effusion of serum
during decomposition.
  In  a case of a man weighing 120 lbs., and dying of cancer of the
stomach, where the lungs were exceedingly  light (both lnngs 12.16 oz.)
there  was no effusion during decomposition, (Table 3.)  In cases of drown-
ing I have found from 20 to  40 oz. of bloody serum effused. (Table No. 8.) 
80
                  TABLE No. 1.

Changes in Density of Sheep's Lungs by Throat Cutting.
	weight, 120 lbs.				WEIGHT, 140 lbs. •			
DAYS AFTER DEATH.	Right.		Left.		Right.		Left.	
	wt.	Den.	Wt.	Den.	wt.	Den.	Wt.	Den.
	6.85 7.14 7.36 7.38 7.50	.537 .519 .516 .591 .586	5.75 5.88 6.11 6.29 6.26	.500 .547 .490 .536 .617	11.06 11.28 11.83 11.76 11.81	.589 .557 .493 .547 .622	8.52 8.78 8.90 S.86 8.85	.608
								.566
								.531
								.571 .512
								
Total increase in weight. •	.65	....	.51	....	.75	....	.33	
                             TABLE No.  2.

Copy of Experiments to ascertain Changes in Weight and Density of Human Lung.
DAYS AFTER  DEATH.
BIGHT LUNG.
Weight.
Density.
LEFT LUNG.
Weight.
Density.
 1.  Saturday .
 3.  Monday. • •
 5.  Wednesday
 7.  Friday  ...
 9.  Sunday ...
11.  Tuesday ..
13.  Thursday  .
5.02
4.27
4.05x
3.92
3.69
3.56
3.44
.647

.600
.682
.739

.763
4.31
3.92
3.72
3.54
3.36
3.28
3.19
.594

!573
.615
.671
.728
.750
                                 TABLE No. 3.

                            Changes in Density of Lung.

  Man, aged 40, died of cancer of stomach and liver.  Weight 125 lbs.  After the first den-
sity was observed, the lungs were placed in glass jars, covered with india rubber.  The right
lung lay on the bottom of the jar; the left was suspended from a string above.
  The right lung effused 1.15 fluid oz. of blood; the left lost 1.4 fluid oz.
DAYS AFTER DEATH.
RIGHT LUNG.
Weight.
Density.
LEFT LUNG.
Weight.
Density.
First day.......
Tenth day......
(Adding effusion)
8.0625
7.0625
8.21
.442
.406
.442
5.750
4.391
5.790
.469
.399
.467 
81
                 TABLE  No. 4.

           Changes in Density of Lung.

Boy, aged 17, weighing 100 lbs.  Died of suffocation.
DAYS AFTER DEATH.
First day........
Twenty-first day..
(Adding effusion).
BIGHT LUNG.
Weight.
13.19
 6.94
Density.
.659
.365
.517
LEFT LUNG.
Weight.
9.55
4.92
Density.
.658
.505
.648
  These lungs had been preserved, one in a closed jar in an ice-chest, tho other in a closed
jar at the ordinary temperature of the air, about 68°.
  The former had exuded six fluid ounces of blood, which would give for average density of
lung and blood, .517.
  The latter had lost four fluid ounces of blood, which gives for average density of lung and
blood, .648.

                                   TABLE  No.  5.

                 Density of Lungs of Five Sheep of nearly equal weight.
MODE OF DEATH.
 Hours
 after
death.
Wt.   Den.
Wt.   Den.
1. Bled to death by severing carotids..................
2.      do            do          ..................
3. Bled to death after partial suffocation...............
4. Suffocated.......................................
5. Suffocated; distended with gas from decomposition
42
24
 4
24
48
 5.33
 5.62
 9.90
16.39
17.48
.592
.700
.514
.819
.721
 5.00
 4.08
 7.20
12.92
11.89
.645
.740
.655
.861
.660
                                  TABLE No. 6.

Lung, with normal Amount of Blood, the root of the lung being ligatured before weighing.
Weight.
Density.
Density while ligatured.........
After removing ligature.........


     Difference between densities
10 oz.
10 oz.
.620
.607
.013
                                   TABLE No.  7.

Sheep Bled to Death, and Blood allowed to flow into the Trachea and Obstruct the Bronchial
                                       Tubes.
Weight.
Density.
Loss by
effusion.
Density of both lungs taken immediately .
Enclosed in sealed jar.  Density, 10th day
Enclosed in sealed jar.  Density, 20th day
Loss of weight of lungs
Decrease of density
 oz.
18.5
17.5
16.75
.528
.500
.424
1.75  oz.
 .104
1
1.75
6 
82
     TABLE No. 8.

Densities of Human Lungs.
MODE OF DEATH.
Weight.
 Time
 after
death.
Weight
Density
Weight
Density.
1.  Suicide.—One carotid and one jugu-
    lar cut:  body inflated with gas.
    No effusion.....................
2.  Mrs. Budge. — Both  carotids cut.
    Lungs alone.....*..............
   In right pleura, 8 oz.; in left, 5 oz.
    Effusion........................
3.  Death  by severing jugular veins.—
    No effusion.....................
4.  Death by drowning.—Lungs alone ..
   In  right pleura, 20 oz.;  in left,
    12 oz. Effusion................
5.  Death by drowning.—Little decom-
    posed. Lungs alone............
   In right pleura, 8 oz.; in left, 12 oz.
    Effusion.......................
lbs.


140

 96

 96

140
160

160

180
days.


   8

 120

 120

  10
 240

 240

  30
 8.00

 9.00

17.00

15.00
12.50

32.50

18.00

26.00
.762

.819

.904

.575
.984

.995

.766

.838
 6.75

 8.00

13.00

15.00
14.75

26.75

18.50

30.50
.687

.665

.692

.585
.983

.990

.742

.843
                               TABLE No.  9.

Sheep, weight about 140 lbs., bled to death lying on the back, with the head thrown back as
                            in  Mrs. Budge's case.
Density.
Density taken immediately
Density taken 10th day...
Density taken 20th day...
  No effusion from the lung, but an increase of weight from absorption of water while taking
the density.
  Density decreased .190 in twenty days, from blood decomposition or generation of gases,
showing an \pcrease in weight of 0.55 oz, and a decrease of specific gravity of .190.

  In one  case  of death  from combined strangulation  and  suffocation
both lungs weighed over 100 oz.,  while the drainage during decomposi-
tion was enormous, and hence the statement of the medical counsel  Dr.
Clark, of the " drainage of 5 to 8 oz. of bloody serum being not an  un-
natural quantity  for  one dying from hemorrhage"  is untrue and  not
borne out by experiments.
  In death from suffocation  in the  animal, the  absolute difference  in
weight of the right  as compared with the left  lung, was  in some in-
stances as  much  as 6 oz., (Tables No. 4. and  5.)  while  in  death from
hemorrhage it did not exceed 1  to 2  1-2 oz.  (Tables 1  and 5.)   The
healthy lung, dying with all the blood in it, constantly decreases in weight
during the  process  of  taking its  specific gravity,  from day  to day,
induced by the leakage of bloody scrum. (Tables  2* 3 and 4.)   The lung
which is bled to death, while undergoing the same  process,  increases in
weight from the  absorption of water.  (Tables  1  and 9.)  The  tying of 
83
the  root  of  the  lung before the taking of specific gravity makes an
average difference only of about  .013.  (Table No. 6.)   The suscepti-
bility  of  the right lung to congestion would  account for  the  greater
amount of fluid found hi one pleural cavity than in the other, in Mrs.
Budge 2 oz. in lung and about 3 in fluid. (Tables 4 and 5.)  The escape of
bloody serum which takes place after death from the lung, decreases its
specific gravity in proportion  to  its  loss.  (Table 4.)  The  escaped
bloody serum,  when  added to the lung at any time before decomposi-
tion of lung tissue, will give the approximate specific  gravity at the
time of death.  (Table 3 and 4.)
   The specific gravity steadily decreases during the drainage of serum,
and the  development of gases up to  the  time of decomposition of the
lung tissue,  (in one instance, as much as .104, see table 7, and .190,
table 9,)  after  which it suddenly  decreases,  and  the addition  of the
bloody serum (drained from the lung) to the lung itself, gives the ori-
ginal weight and  specific  gravity.  (Table  No. 9.) .  The comparative
weight of the lung  to  the body depends entirely upon the mode  of
death.
   The residual amount of blood in  the  brain  at the  time  of death  is
decomposed  before the brain is, and hence gases may escape where the
vessels are cut, but the  blood cannot escape in  any appreciable amount.
   Another point in reference to the left lung upon which Doctor Clark
dwells with  much emphasis.   He states, " none of its connections had
been disturbed, it was perfect." M   Now, I stated  at  my examinations
that both lungs were removed, the right we brought  to  Albany, while
the left was  returned to the chest—with reference, however, to the left
I was mistaken, it being a matter not of vital importance%ither way,
though Doctor Clark, and his legal associates, construed  it into a wilful
attempt' to misrepresent.   Be this  as it may, I leave it for  the pro-
fession to decide.  Doctor Clark knows very  well that, when  he was
in Albany, on  his way to make the examination of this  body,  Doctor
Porter and myself showed him all we had in the way of parts or parcels
of  this body  with a degree  of  frankness that must now bring the
blush  of  shame  to his  cheek,  when he  remembers  how  that  frank-
ness has  been requited.    His positive denial of all that occurred
(of material  importance) at that meeting of entire  strangers,  as  we
were, is too  apparent, when it is known that his  statement is  that he
"might have joked upon it (the conversation which took place at that
meeting)."M*  I think it a serious joke, and one  which should not often be
indulged  in among strangers.  I acknowledge, in the first  place, that,
unlike Doctor Clark, I make no pretensions to physiological or patholo-
gical lore, and hence there may have  been many points upon which I
was not well versed; some points there were upon which I was  doubt-
ful, and many of them had no bearing, in fact, and were  intended only
to confuse the  medical witness, and make him appear to a disadvantage
on the stand.  Of this, however, I do not complain.
   Mr. Budge's legal counsel, I presume,were paid, as were also his medi-
cal, if we  are to believe Dr. Clark's statement, which is,  " I received $250

  *The following is the substance of the conversation as sworn to by myself as having occur-
red on this occasion.  Doctor Clark (after looking at the chewed tongue) said, "You must
not blame us, we are going up  (to Greig, Lewis county,) to  investigate this case very care-
fully, and if they (the Medical Counsel) could find any loop hole out of which they could
(help) this man (Budge) they should do it." M.  In answer I said, (lvery well!  I did not
know that this was the duty of a medical man.'' M.
  Again, he  denies that the fact sworn to by Doctor Porter, that part of the right lung was
congested.   Doctor Porter  swore that  " Doctor Clark said (to him in the Laboratory of the
Albany College) that part of (the) lung was congested." M. 
84
for the first five day's spent in the examination." (Post mortem.)  " I have
spent in all fifty to sixty days' in the examination of this case.   I have
received nothing  but $250, and  have expectations of receiving more.
( T.  )  Now, if the doctor receives pay in  proportion to the first  install-
ment for the first five days,  it would amount to the nice little  sum of
$2,500 to $3,000.   Contrast  this with the $000 that we received from the
county where the Judge (Bacon) declares a second  inquest illegal, and
hence void!  Consequently  all bills  which otherwise would be audited
by the authorities are dishonored.  Neither Prefessor Porter or myself
have received the first farthing as pay, either for time or for any of our
disbursements.  Hence, taking all the circumstances into consideration,
it should not be expected  that I, as an humble citizen of a country town,
could cope with one so amply feed, and who " lives in New York" (is)
physician and surgeon—have  been so since 1835, (was) between three and
four yean studying in London, Paris and Edinburgh.  I am Professor of
Pathology and Practice of Medicine, and  Physician in Bellevue and St.
Luke's  Hospital.  I  have  examined a great number of dead bodies, be-
tween 3,000 and 4,000. (M.)   I, on the other hand claim only a reasonable
common sense, guided by a  knowledge of the facts in the case—a just
transcript of which I have endeavored to give, and leave the result to
the enlightened decision of the scientific medical world.
   And with you gentlemen of the society, I now leave this case; I have
endeavored faithfully  and  fairly to present it, in all its bearing, and I
desire the full expression of your views regarding it.  To me it has been
the most interesting medico-legal case that I have ever been called upon
to examine,  since the number  and diversity of  scientific  points are
worthy of  10»e attention of  a decided devotee to science; hence, I was
in hopes that Doctor Clark would assist in the elucidation of the intricate
questions, and recipro cate  at least some of the frankness manifested
towards him.   We had  no  secrets in this  case ;• we  expected him to
have none.  As an instance of his treatment, I will simply mention, that
Mr.  Budge's counsel were desirous of showing that this cut might have
been made while  the head  was flexed on  the neck.   In a private con-
versation with Doctor Clark, I asked him how the  cut  could be made in
the  fifth vertebra,  and through  the cricoid  cartilage at one  stroke,
since,  if the head  was flexed on the neck, the cricoid cartilage corres
ponds  with the seventh cervical vertebra.   His answer to me was,  " you
must ask me no questions now."  And again, when he presented apart of
the case before the Academy of Medicine, New York, for discussion—
though Dr. Clark did not  make any  public objection to  its discussion;
still he by his silence sanctioned it.   Why this fear of discussion?  would
not  his  case  bear  the  light  of science ?  if  so, why hold it back from
that light? I will answer, Dr. Clark knew  full  well  it w.ould not bear the
light—that it (his statement) was based not on the "rock," but  "on sand,"
which washed away by the light of a little  common  sense.  This case
in all its bearings forcibly reminds one of the famous case of the Earl of
Essex (which  all  good authority acknowledge to have been a murder)
and   when one  is familiar  with  all the  attendant  circumstances,
he could say with  Beck,   ( in his  Medical  Jurisprudence )  p.  139,
vol.  2.  The inquest was  plainly a sham,  facts were suppressed, &c.;
*  *  *  the investigation was suppressed* in a very suspicious manner
  * So in this case, the first inquest occupied but a few hours, and the second was deolared
illegal, and hence void.  (See Judge Bacon's decision.)
  The first Grand Jury (see Judge Morgan's charge,) were directed to take testimony of al\
persons pro and con, while for the people I beliave no one but myself was examined.  P rofea- 
                                  85

and finally came to nothing, now  *  *   *  men do  not take so much
pains to conceal facts, unless  they are  aware  that the truth will  hurt
them.   *  *  *  A surgeon is stated to have suggested to the coroner's
jury, "that the notches in the razor were made by my lord against his neck
bone."   Now  this  case was  presented by  Dr.  Hogeboom  before the
Grand Jury, reading the opinion of the old physicians from Taylor's Medi-
cal'Jurisprudence, p. 212, and  stopping short  of Taylor's views  in the
case, where he  says,  to tfie  above  quotation, "forgetting before this
(cutting into  the  back bone)  could have  been done by deceased, all
the great vessels of the neck must have been divided !" *
   The next case, at all like Mrs. Budge's, is that of Sellis.  In speaking of
this, Dr. Beck, p. 130, says:  "The arteries on both sides of the neck were
severed.  Is it possible for a man  to inflict such a wound1?   * * Again, his
cravat was cut through; do men usually omit to take off the cravat when
they cut their own  throat ?"   Apropos,  In the case of Mrs.  Budge  the
evidence was  that  there was a  piece of candle  (in the candlestick)
unburnt, showing  that  if Mrs.  Budge  cut her own throat,  she  first
put out the  light,  laid down, covered herself up  carefully, and  then
cut her  throat—and  this  is  done  in  the  dark.   Now  then if there
was any doubt as  to  Sellis  having power to  cut both carotids  off,
how much  more would there  be in a  feeble  woman like Mrs.  Budge
making a much more extensive cut, even  cutting into the spine, and
in the lying position at that.  On this point, see Taylor's Medical Jurispru-
dence,  p. 214, case  of Lord  William Russell: "the throat had evidently
been cut while deceased was lying  in bed; the blood was effused  on
each side of the neck only."  This is the case referred to in his letter to
 me, in reference to this case (Mrs. Budge).   (See page 42.)  He states
 that "the  wound  in  the  throat  must  have been inflicted while  the
 deceased was lying on her back, i. e., in  the recumbent posture; there
 was no blood on the anterior part of the body or night-dress.   *  *
 The description of the  flow of blood being chiefly on each  side of the
 neck is in accordance with the views that the wound was inflicted while
 deceased was on her back."
   I have now collated all of the cases from English and American works
 in which there is any analogy to  this  Budge  case, viz.,  Lord William
 Russell, murdered by Corvoiser, 1841.  (See Taylor, letter p. 42.)  Sellis,
 murdered by the Duke; and the Earl of Essex in the Tower, for political
 reasons.  (For the  full expose of which we are indebted to Brandon.)
 These  three  cases  were at  first considered doubtful, but the develop-
 ments  of science and  common  sense have  revealed  their true  nature,,
 murder most foul instead of suicide.
   So in  the  case  of Mrs.  Budge.   At  first sight  it was  consid-
 ered  a case  uf suicide—subsequently when people allowed the sober
 second thought to prevail they  began to doubt;  and finally the number
 who believed  that a murder had been  committed continued steadily on
 the* increase, notwithstanding the  attitude of certain  parties,  threat-

 sors McNaughton and Porter were subpoenaed too late,  and did not arrive till the jury was
 dismissed.
   On the part of the defence were Drs. Coventry, Hogeboom and Thomas, and, I  think, some
 of the local physicians.   For result, see legal part.
   The second Grand Jury indicted the Reverend Henry Budge, though even Judgo Turner in
 this instance charged the jury to take all medical testimony, pro and con, (see legal part),
 Judge Morgan discharged the prisoner on $10,000 bail.
   Again, on the murder trial, the prisoner, as well as medical and legal counsel, and  nearly
 all who were in any way interested in having a verdict of acquittal rendered, boarded at the
 same house, while the judge and jury boarded at the same place.
   * See Taylor's letter in reference to the division of vessels, &e., in Mrs. Budge's case. 
86
ening  every  one connected with the  prosecution  of this case  with
dire vengeance in  some form if they dared to do  their duty.   Of this
species of abuse I received my share.
  Some of the local  press  were  threatened  with prosecution if they
published even the testimony  taken at the inquest ; other parties
of the press  in  adjoining  counties  seemed  determined  to keep the
truth "under a bushel."  The only one of them  who were disposed to ex-
amine  the subject dispassionately was the Some Sentinel.   (See copy of
article forming a part of this paper.)
  The  last though not least important act in the drama was the presen-
tation  of what purported to be this Budge case to the Academy of Medi-
cine, December 18, 1861.
  Here again it is sought to shut off discussion  from  those who  were
familiar  with  this case in  all its bearings.  If by thus doing it was
intended to obtain an  ex  parte expression of an opiniron from that
honorable  body, disappointment followed, since truth,  that  mighty ele-
ment did and must always prevail, notwithstanding all the mal-influ-
ences which are brought to bear against it from various sources.
  The  important parts  of the report of this case  as presented by Dr.
Clark  on  that  memorable  evening is worthy of some notice in this
connection.*   (In reference to the  testimony of  Doctors Coventry,
Hogeboom &  Thomas,  it is merely  an echo of Doctor  Clark! hence
requires no separate comment.)
  In conclusion I will add my article published in the Philadelphia  Med-
ical and Surgical Reporter  (Vol. 6, page 377) and inasmuch as it is a
complete synopsis of the conditions attending death from carotid cutting
(one and both including the pneumogastric nerves) I make  no apology
for appending the same  as a matter of reference.
  * I have added such portions of his statement in the way  of notes as I thought might be
interesting to the profession. 
APPENDIX
Report of Fifteen Cases of Suicidal Death  by Cutting Carotid Arteries.

  The question is often asked, Why are the surroundings so  diversified
in suicides by cutting throat ?  In answering this question  it will be-
come necessary to examine the subject a  little more in detail.  In so
doing I shall divide  the  mode and manner  of death into those which
involve:
  1st.  The arteries, (one or both.)
  2d. Those which involve the veins and  some minor arteries, with or
without involving the trachea.
  3d. I will analyze the causes of death of such other circumstances a3
govern the flow of blood.  •
  1st.  In Suicides by Gutting Carotids.—The appearances are  uniform so
far  as the amount of blood  lost, while the direction of the spirting or
flow of  blood will be modified by u.e position of the body while the cut-
ting is being done.  When any large artery, such as femoral and carotid
one or both is cut, death takes place inevitably from hemorrhage.  This is
the law  of nature which applies  invariably to the human subject, the
exception is where the artery is secured  by ligatures.   Fainting does
not prevent the flow of blood from continuing until life  is extinct.  In-
stance the invariable uniform amount of blood which flows after decapi-
tation and in slaughtering of animals.   I have  collected about one hun-
dred cases of  suicides and attempted suicides  by throat-cutting; in
which a very small percentage of them have succeeded in cutting the
carotids; many of them presented most frightful cuts and even a  suc-
cession of cuts, which would seem to involve all  the important vessels,
but which (when examined  by  a careful  surgeon or physician) were
found not to involve the large arteries.   Some  of these were six and
even eight inches in length, and still the wound did not prove fatal.
These cuts are mostly in the line of the inferior maxillary, and some of
them opening into the pharynx or trachea.
  With  reference to those which involve  the carotids, I shall deem it
of sufficient interest to the profession to  give a concise and detailed
description of such by themselves,  inasmuch  as there are no articles
devoted  to this subject.   The few cases which might happen to have
been subjects of medico-legal inquiry, are not sufficient to elucidate the
many points in this inquiry—while the others which only involve the
veins and trachea, I will divide into 
88
   1st.  Such as die from asphyxia induced by insufflation or running of
 blood into trachea.
   2d. Such as die from syncope.
   3d. Such as die from the excessive loss of blood.
   4th.  Such as die from introduction of air in the wins.
   In all  these forms  of cutting, where veins only are involved, the
 blood runs out as observers say.  It is this form of cutting which, ena-
 bles the suicide so to arrange the surroundings that there  shall be  no
 soiling of adjacent objects.  Instance,  sitting on the side of the bed and
 leaning over the wash dish;  sitting  on a privy seat and catching the
 blood in a spittoon; kneeling in  a large  chest or dry goods  box, and
 leaning the head over  and allowing the blood to flow into the dirt in the
 cellar.  I  find the  greater number  of suicides make more  than one
 attempt—some make  two,  three, four, and even five efforts—and still
 sometimes fail to complete the work.   I  find one suicide  taking two
 razors and a rope, fearing the first might fail.   In fact I find few cases
 where there  was not more than one attempt made at cutting, or in other
 words few make an incision sufficiently deep at the first attempt to sever
 the arteries or destroy life.  It is that class of suicides, where the carot-
 ids are cut, to which I wish to call especial attention
   In all these cases where the suicide was standing  or  sitting, and the
 room a small one, we find that the furniture, room, and clothes of patient,
 walls,  and in some instances,  the ceilings were covered  with blood,
 while where the room was large, the jets of blood assumed a parabolon,
 and blooded the ground or floor for several feet around the spot, leaving
 a pool of blood where  the cutting was done.  (See case 4.)
   On the contrary, if the cutting is done while on the knees  and elbows,
 the jet strikes the floor near the head,  and little blood is found  on the
 person of deceased.  (See cases Nos.  6, 9,  15.^
   In every case  of throat-cutting, whether arteries or veins were sev-
 ered, the instrument  use,d, whether razor or  knife, was covered  with
 blood, the same  is true of the hand and wrist, while,  if they were  in
 the sitting or standing position, their  clothes were saturated with blood.
   In no case have I found a female cutting more than one carotid, while
 the large majority of suicides by throat-cutting were males.
   In every instance where any observations were made, the wound was
 found dry a short time  after the cutting, and there was found no oozing
 of fluid-blood from the cut vessels.
   The eyes and mouth, so far  as note  was made of the fact, were open.
   The tongue was never bitten or laterally chewed,  so far  as  any note
 was made of the fact.
   Convulsive movements of the limbs, the same as is  observed in ani-
 mals slaughtered, were not uniform, from  the  fact, perhaps, that many
 of these cases occurred in the  standing position, and many of them stood
 nntil they had bled out.
  In none of the cases can I find that the soft parts (including trachea)
were positively divided at one stroke  of a  butcher's knife or razor, and
 in none can I find that the cervical bones had been cut into  at all.
  In no instance did the suicide lay on the back while the cutting  was
being done.
   Sitting, standing, or kneeling was the universal position according  to
 my observations.
  In  suicide by cutting of carotids,  the external appearance and ex-
aminations  by post  mortem evidence,  were  entire  exsanguination
including  the lungs; suicidal cuts in the  line of the inferior maxillary 
89
 and above the os hyoides, are more easily made, and inasmuch as they
 open into the fauces, are of necessity longer, deeper and more frightful
 in appearance,  but no more destructive to life.
   It will be seen that the greater number stand while the cutting is
 being done.  In the fifteen reported cases of carotid cutting, nine were
 standing, three kneeling, and three sitting on the side of a bed.  This is
 about the rates of positions in the hundred cases, while these three are
 the only positions ir; which any attempt has been made at cutting.  The
 percentage of  those who cut the  carotids  to  all who attempt self-
 destruction by  this mode, is about one in about twenty to thirty.
   Case No.  1.—For the following very interesting case I am indebted
 to Dr. Barent P.  Staats, of this city.   The subject, a male, aged forty,
 weighed  one hundred and  sixty pounds,  quite  muscular.   The  room
 eight  by twelve, and ten feet high, contained bed, chairs, etc.  While
 sitting on side of bed, cut his throat with a razor (am not positive with
 which hand the cutting was done), slid off and fell upon the floor.  The
 cut was in a curvilinear direction, and in a line with inferior maxillary and
 above the thyroid cartilage, cutting more on  the right  than on the left
 side; one carotid cut, pharynx opened, wound about five inches.  As he
 lay on the floor, the razor, which was covered with blood, fell  from his
 hand; the ceiling, and sides of the room, the bed and body clothes, face
 and hands were covered with  blood.  The floor contained a large coagu-
 lum of blood in which he lay.   He could not have lost less than sixteen
 to twenty-four  pounds of blood;  bound  up the wound  some two hours
 afterwards, and found no blood oozing from the vessels; in fact the cut
 was dry, and the body was  virtually  bled out.   The face, body, and
 lips were very pallid, ashy, and quite exsanguined.  He had much con-
 vulsive action of inferior extremities.  I saw him before he was dead..

   Case 2.—For the following exceedingly interesting case, I am indebted
 to D.  S.  Young, M. D., of Cincinnati, Ohio.   The  subject,  a German
 male,  aged fort}7;  weight,  one  hundred and sixty;  muscular; with a
 butcher's knife, sixteen  inches long and much nicked, cut, haggled, and
 mutilated his throat (while standing) very much,  making several dis-
 tinct efforts, cutting off all the soft parts, including both carotids, both
 jugulars, trachea, esophagus,  etc., down  to the bone.  He was standing
 when  the cutting was done, head  thrown back, and retained  the knife
 within the grasp  until he fell, which was forward  and partly on his face.
 The room was a cellar, attached to a pork packing establishment, about
 ten by twelve, by seven feet high.   The blood spirted all over the ceil-
 ing and sides of the room.   His clothes were saturated  with blood; his
 head, face, hands, and knife were covered with blood.  The body seemed
 entirely  exsanguined; face, lips, and body  were as white  as alabas
 ter.  One hour after, no blood oozing from  the cut vessels; the cut
 vessels seemed dry.  From the quantity of clotted blood on the floor,
 walls,  and  person, I judged  that there  was  not less  than  sixteen to
 twenty pounds of blood lost.
  Case 3.—The following case  is one of special interest, from the amount
 of blood lost and the distance  that he  walked  after the  cutting was
done.  It  occurred  under  the observation  of Dr. Willard,  of Berne,
Albany county, New York.  The  subject,  a male, aged forty, weight
one hundred  and  fifty pounds, full habits.  He went to a garret with a
rope and razor; with the  razor he cut his throat, while standing about four
feet from garret stairs.  From  this point he descended two pairs of stairs,
walked the whole length of lower hall (about thirty feet), out back door, 
90
walked outside 3 or 4 steps, leaned against side of house for a moment,
and finally sagged down, like one in a faint. Here was found a large pool of
blood; and when taken up he had bled out.  After some little time, body
was carried into the hall, when it was not even emitting blood enough to
stain  the carpets.  The first dash of blood struck the side of the halls,
stairs, and stairway;  the stairs and sides, and the whole track from  the
garret to where the body lay was spattered and  thoroughly bedaubed
with blood;  in fact, the halls and stairs were drenched with blood;  the
blood running like a penstock, by jerks.  His wife stood in front door
and saw him coming down the second  flight of stairs.  Her  screams
brought  others  to  her assistance.   Front of body, hands, and  clothes
were  covered with blood,  also the razor, (which was retained in  the
grasp of right hand until he fell at the back door,) hands and face were
covered with blood.
  The cut was  just below the thyroid cartilage,  and severing a piece of
the same, was large, five to six inches, commencing on left side of neck,
back  of sterno-cleido mastoid muscle,  cutting through  all the Soft
tissues of that  side, including trachea; oesophagus cut partly through;
the carotids  on right  side not cut,  on left  side entirely  cut  off;  the
vertebra? not  cut.  I saw  the  body  soon  after the  accident, and
sewed up the wound some four hours after.  There was no blood oozing
from the wounded vessels;  it hardly soiled the fingers, but left a fleshy
smell on them.   The amount of blood of course is speculative; the quan-
tity was very large, more than I supposed was contained  in any person.

  Case 4.—For  a very full and concise  history of the  following very
interesting case, I am indebted to Doctor Walter Boothe, of Booneville,
Oneida county, New York, of  which the following is an abstract:
  D.  S.,  aged sixty, weight one hundred and sixty, of nervo-sanguine
temperament; for  some time  he  had  been  somewhat despondent and
gloomy.   He was standing near  the railroad  track, and just as  the
train  passed out of the depot, he drew a razor  from his pocket, threw
back  his head, and made an incision, severing all the superficial struc-
tures and jugular veins.   The blood flowed  moderately;  seeing persons
approaching, he made a second desperate cut,  and so exactly*  in  the
course, of the first one, that no appearance of two incisions was visible
on examination.  The incision commenced on the left side, two inches
below the lobe of the left ear, extending across the neck,  in a curvilinear
direction, above the thyroid cartilage, opening into the pharynx, cutting
all  the soft  tissues in front of the vertebrae, but not cutting  into its
covering, and terminating one and half  inches below the lobe of  the
right ear.  The right carotid was entirely severed; the left one, nearly.
The blood spirted laterally and in front  four to five feet, in a parabolic
stream,  covering the  clothes in  front Of his person very much with
blood, as was also his right  hand and  the  razor covered with blood.
Not more than  ten minutes supervened from the first incision to the time
of death, which took place with only slight tremors.  The  eyes and mouth
were open; tongue not bitten.  Since the receipt of  the doctor's com-
munication, I received information from a reliable source that the loss
of blood was very large, sixteen  to  twenty pounds, and that the blood
flew in jets for at least eight feet laterally and in front, and at an angle
of forty-five degrees  from the body,  covering the  board walk and
ground with blood; also a large pool of blood where  he stood.  Not

  * In a recent conversation with Dr. Boothe he says that there was  scarcely an appearance
of two incisions. 
91
less than sixteen to twenty pounds of blood was  lost, judging from the
appearances and clots on the ground.
   Case 5.—For the following case, I am indebted to Dr. P. P. Staats, of
this city.  The subject,  a male, aged forty, rather corpulent, weight one
hundred and fifty,  cut his throat (while  standing) with a razor; he soon
fell on his back.  The cutting was done with right hand and above the
thyroid cartilage, cutting through carotid, trachea, and all the soft struc-
tures, but not involving the vertebrae.
   The blood spirted  six to eight  feet from where he stood, leaving a
large pool of  blood on  the floor.   The amount of blood,  of course, was
very large; I  think twelve to  sixteen pounds, from the fact that the
body was left exsanguined, and also the  condition of the floor  and his
clothes, which were saturated with blood.
   Case 6.—Dr. C. P. Staats.—T. 0., aged 25, weight 140 lbs., muscular.
   Position.—Cutting done  while  kneeling, and his face  imbedded, and
fell down  on face; this  was in a straw loft, and straw about five feet in
thickness; cutting done with  right hand, which, with  the  right arm
were covered  with blood.
   Wound.—Commenced at angle  of left jaw,  and made  three distinct
cuts: first, one cut was in the carotidian direction of chin at five inches,
mostly on left side; second, below, mostly on left side, and four inches
just below the first, and mostly a skin cut; third cut commencing at the
angle of the first  cut, and  extending  obliquely  downward across the
thyroid cartilage,  (but not into it,) severing the carotid on the left side.
   Blood.—Chin, neck, and  breast were covered with blood, right hand,
^inside and out,) wrist  and sleeve, (five inches from hand,) were covered
with clotted blood; razor left in wound,  and dropped out when  he was
lifted up.   The blood stained this five feet of straw, also two floors and
two  ceilings  and floors; and on this lower  floor, at least one  pint of
blood was found  I judge there to have been at least  three gallons of
biood lost, from the condition of the stairs, floor, ceilings, &c.
   Face was  bluish white,  lips like marble, tongue contracted and shriv-
elled, and not bruised or bitten.
   Eyes and mouth open.—-Sewed wound about an  hour  after cut; it was
 covered with dry clottedmood, and no oozing from divided vessels.
   The straw which was close about his  neck prevented  the blood from
spirting.  Breast and clothes on front of body were saturated with blood
to the inferior portion of #sternum, and his shirt rolled  down some dis-
tance below his neck.
   Face looked ghastly,  and not like one asleep. The razor was  nicked.
   Ca.se 7.—For the following case  I am indebted to Dr. Burton,  of Troy,
N. Y.   The subject a female, aged  30, weight  120.   She was  standing
in front of a mantle looking-glass,  when  she cut her throat with a razor,
and soon tell on her left side.
   The cut was made by the right hand, and cut commenced on the left
side, cutting the sterno-cleido  mastoid muscle  together  with nearly all
the soft parts  of the left side of the neck, also the carotid, and  through
the trachea below thyroid cartilage; the  blood spirted out in jets over
mantle, glass, etc., covering  the same; all the clothes on the left side
of the body were saturated with blood, and bloodying neck, breast, hand
and razor, most thoroughly, and leaving a large  mass of blood on the
floor; at least 12 lbs. of blood  was lost; mouth and eyes open, tongue
not bitten; when the wound  was  sewed up, the edges were dry, and of
course no  oozing of blood from the vessels  cut; an examination, post
mortem, revealed entire emptiness of  the circulating system. 
92
  Case  8. For  the  following interesting  case,  I  am  indebted to Dr.
Thorn, of the  Marshall Infirmary,  Troy,  N. Y.   The  subject, a male,
set. 50, full habit of body.  The room was about 12 by 20 feet,  and con-
tained a bed,  chairs, and  looking  glass, near which he was standing
when the cutting was done; from this position he staggered about nine
feet, and fell on the bed.   The cut  was mostly on the  left  side, com-
mencing just behind the angle of the jaw, cutting  on a line with it to
and  through trachea, and severing the  carotid.  The instrument, a
razor, was held in the right hand, and  was not retained in the grasp.
The blood jetted several feet, and struck the wall,  which was spattered
with blood, while the bed  where  the body lay, and body clothes were
saturated with blood—the right hand, arm, face, and razor, were covered
with  blood ; the quantity  of blood on  the floor, walls, bed, furniture,
and body clothes, of course, was speculative, but was very large, as the
body  was exsanguined, and the edges of the wound dry, no oozing of
blood from the cut vessels.
  Case 9.—For the following exceedingly interesting case, I am indebted
to Dr. Benjamin E.  Bushnell, of  Little Falls, Herkimer County, N. Y.
Suicide, a male, set. 55, weight 150, lean habit.
  Position.—When first seen, he  was on  his knees and resting on his
left elbow, head near the floor; he had then only lost about one-half pint
of blood ; when I arrived,  he lay on his left side, with the left side of
his  head in  a pool of blood, and gasped once or twice.   I found that he
had made two cuts, one  across the  thyroid  cartilage, very slight;  the
second  commenced under  the left ear, and extended obliquely down-
wards and forwards across. the thyroid cartilage, cutting jugular vein,
carotid artery, but not the trachea.  The right hand was covered with
blood,  little on the clothing,  as  from position  of the body  the blood
poured  directly on  the  floor; two  razors were found  near  by, one
directly in front, and a little to the right, covered with blood,  the other
not bloody.  With regard to the  quantity  of blood lost, it is difficult to
say how much,  as it was a loose floor, and the blood ran freely  through
it, but from appearances, should say there  was a large amount lost.  He
evidently died  of  hemorrhage.   Upon  examination of the abdominal
cavity, the blood vessels were empty.  The examination of the wound
was made but a few minutes  after  death, and there was very little
oozing from  its  vessels at the time.

  S. N.  Sherman, M. D., of Ogdensburgh,  N. Y., now member  of Con-
gress and Surgeon  of the  Thirty-fourth Regiment  of New York State
Volunteers, sends me report of the following cases, which I have read
with interest.
  Case 1.—Male, age forty-five, weight one hundred and seventy pounds;
while standing with head turned to the  right, made two distinct efforts
to cut his throat with a butcher's knife.
  First  cut extending through the skin, cellular tissue from the  angle of
the left  inferior maxillary  downwards across  the neck, not so far on
right side as left.
  Second cut was on the right side, between thyro-cricoid cartilage, and
made by a back hand movement, severing the  trachea,  both  carotids,
and most of the soft parts of the right lateral position of the  neck, and
extending about six inches  in length, and nearly square across the neck.
The blood spirted all over the ceiling, (9 feet high,) and about eight feet
in every direction, covering his hands, face, etc., completely, and saturat-
ing the  clothing on  the body, losing  not  less than sixteen to twenty- 
four lbs. of  blood.  The knife, (sixteen inches in length,) lay on the
floor, and covered with blood.  The face, lips, etc., (after being washed,)
were  ashy  pale.  He remained standing for some seconds after the
cutting, then-fell forward on his face,  when  active, convulsive efforts
supervened, lasting some seconds.  The tongue was not bitten ; sewed
up wound within an hour, and there was not  enough moisture to soil a
sponge, no blood oozing  from divided vessels.

  Case  2.—A female, aged thirty-five,  weight  one hundred  and ten
pounds ; was sitting on side of bed ;  cut throat,  commencing posterior
to the mastoid muscles of left side, just  below  the lower lobe of ear, ex-
tending  in a curvilinear  direction, on a line with the lower jaw, termi-
nating one and a half inches lower  on the right than  on the left side,
severing the left carotid, and opening into the fauces above the thyroid
cartilage, but not the cervical bones.  She slipped  off the edge of the
bed to  the floor, and lay partly on her face, which rested across the
right arm.   The blood spirted about ten feet in ev"ery direction, saturat-
ing her clothes,  and thexarpet on the floor was saturated with blood; a
large pool  of clotted blood, in which she lay immersed, not less than six-
teen to  twenty-four lbs.;  her hands, face, and  razor,  were covered with
blood.  Razor had evidently slipped out of the right hand as she lay on
the floor, and the eyes  and mouth were  open, and  tongue not bitten.
The clothes of her person were somewhat disarranged, as if convulsions
had supervened.  No blood  oozing  from divided vessels, nor was there
any blood moisture at the wound one hour after the cut was sewed up.

   Case  3.—Male, aged thirty-six, weight one hundred and eighty; while
standing in front of looking-glass, (in a room about ten by ten, and eight
feet ceiling,) with his head  thrown  backwards,  cut his throat with a
razor.  Cut commenced on left side,  extending across the neck in a line
with the chin, cutting both carotids  into fauces, etc.  The blood spirted
over the glass,  ceiling,  sides of the room, table, chair, face, head and
hands, (right and left.)   He ran round the room, leaving prints of bloody
fingers  on  the sides of room, and finally fell on his face, where there was
a pool of bloofl.   His clothes, also, were saturated with blood; the entire
loss of blood could not have  been less  than sixteen to twenty-four lbs.
The razor,  handle, and blade, were covered with blood, and lay on the
table under the  looking-glass;  mouth and eyes  open, and no oozing of
blood from cut surface,  which was dry.   He had  convulsive movements.

   Case  4 and 5  wore males, laboring  under delirium tremens.   The cuts
were large, severing the carotids  higher  on the left than on the right
side.  He  did not see them until they were in the dissecting room, and
hence could only say that their bodies were  entirely exsanguined, and
not blood enough oozing from the wounds to soil  a pocket handkerchief;
lips were  completely blanched, while  no blood  flowed on dissection;
tongue  not bitten.

   Case  13.—Dr. J. P. Boyd, of Albany, N. Y., communicates the following
interesting case:
  Male, aged forty, weight  one hundrod and  forty pounds, spare.  Cut
throat,  (supposed sitting on edge  of bed,) severing left carotid, wind-
pipe and nearly"all soft parts on left side of  neck;  when found, was on
his back in bed; clothes much disturbed ;  wound gaping;  mouth open ;
room about seven by  eight feet, about eighteen feet  high, and contained
bed, chairs, etc.  Sides  of room seven to eight feet from the floor were
covered with blood, spirted  from the vessel;  bed, bedding, body,  and 
94
clothing were saturaed with blood; head, face, hands, etc., were covered
with blood; did not see instrument; no blood oozing from wound or cut
vessels; they were dry.   It seemed to have  bled  out.  There  was evi-
dently a large flow of blood, and death  was evidently attributable to
that cause.
  Case 14.—I am indebted to Dr. Duane,  of Schenectady, for the follow-
ing very  interesting suicide, the extent of the cut makes it especially
so.  The subject, a male, age forty five, weight one hundred and eighty.
He  was standing, when the  cutting was done, and soon fell on a straw
bed, (which was on the floor,) with the head  resting on a feather bed,
rolled up, and laid on a straw tick.  The cut below the thyroid cartilage
was long, severing both carotids, trachea, etc., extending farther to the
left, than the right side, cutting  only to  the  mastoid muscles of right
side, while on the left it was  severed,  (no bones cut).  He  had two
razors, one in his pocket, and the other retained in the grasp of the right
hand,  and covered with blood, as also the right hand and wrist.
  It was an ordinary sized bedroom; bed on the floor.  The blood spirted
all over the walls, floor, bed, body, clothing, etc.  There could not have
been  less  than eighteen to twenty-four  pounds of blood lost, judging
from the condition of the apartments.
  The mouth was open; the  chin dropped.
  Case 15.—Dr. El wood, of  Schenectady, sends me the following case:
Subject, male, age about thirty-six, weight about one hundred and fifty;
cut his throat while on his knees and elbow, and fell forward on his face.
Cutting done with  right hand, and  was mostly on the left side; com-
menced two and a half inches back of  carotid, severing  it completely;
cut above the thyroid cartilage.   The  bedroom about fourteen by four-
teen.  The floor received most of  the blood, owing to the position of the
body; still the body,  also, the right hand, razor, and  face, (ghastly and
bloody,) were  covered  with blood.  The amount of blood lost was at
least  sixteen lbs., (two galls.,) judging from the  condition of the room.
Eyes and mouth open.
l>