89. Al sessions al Newgate post natalem dom. 1604, 2Jac.Le case fuit que en home et se feme ayant longe temps vive incontinent ensemble, le homme ayant consume son substance et cressant en necessity, dit al feme que il fuit weary de son vie, et qu’il voiloit luy m occider, a que la feme dit que donques el voiloit auci moryer ove luy: per que le home praya la feme que el voiluit vaar et acheter ratisbane, et ils voilont ceo beber ensemble, le quel el fist, et el ceo mist en le drink, et ils bibe ceo, mes la feme apres prist sallet oyle, per que el vomit et fuit recover, mes le home morust: et le question fuit si ceo fuit murther en la feme.Montaguerecorder cause l’especial matter d’estre trove:quærele resolucion.F. Moore, 754.
89. Al sessions al Newgate post natalem dom. 1604, 2Jac.Le case fuit que en home et se feme ayant longe temps vive incontinent ensemble, le homme ayant consume son substance et cressant en necessity, dit al feme que il fuit weary de son vie, et qu’il voiloit luy m occider, a que la feme dit que donques el voiloit auci moryer ove luy: per que le home praya la feme que el voiluit vaar et acheter ratisbane, et ils voilont ceo beber ensemble, le quel el fist, et el ceo mist en le drink, et ils bibe ceo, mes la feme apres prist sallet oyle, per que el vomit et fuit recover, mes le home morust: et le question fuit si ceo fuit murther en la feme.Montaguerecorder cause l’especial matter d’estre trove:quærele resolucion.F. Moore, 754.
90. Vide ante, tit. Coroner’s Inquest.
90. Vide ante, tit. Coroner’s Inquest.
91. Decency and public policy require that burials should not be delayed, and it may not be amiss here to observe that the old notion of arresting a body for debt, is now utterly exploded, as contrary not only to the civil and canon law, (seeWood’s Civ. Law, 148; 2Domat628:Lindw.278,) but to reason and the law of the land. Vide ante, Vol. 1. p. 100.
91. Decency and public policy require that burials should not be delayed, and it may not be amiss here to observe that the old notion of arresting a body for debt, is now utterly exploded, as contrary not only to the civil and canon law, (seeWood’s Civ. Law, 148; 2Domat628:Lindw.278,) but to reason and the law of the land. Vide ante, Vol. 1. p. 100.
92. It is said that to act upon the mind by terror, continual griefs or vexations, though with the intent to kill, is not murder, unless there be some personal violence, 1East. P. C.,p.225: but query this, the proof of the crime may be difficult, but its perpetration is far from impossible. To act on the mind of a pregnant woman by extreme terrors, and so produce abortion and death of malice prepense, would certainly be murder in its most atrocious form; it might require some ingenuity in framing the indictment; but our law is fertile in fictions on less worthy occasions, and ought not to allow its just vengeance to be avoided. In cases of murder by starvation there may be no actual violence, yet the law reaches this offence; sometimes indeed imprisonment forms a part of the crime, but this may not always be the case; for if the deceased were confined to his bed by disease, so that he could not seek his own food, and those who were bound to supply him maliciously neglected their duty, it would be murder by omission without any personal violence committed.SeeSelf’scase, 1East. P. C.226: 1Leach, C.C.163, and authorities there. So in an indictment for starving a servant,Lawrence, J. intimated, that he thought the indictment insufficient, in not allegingthat Elizabeth Williams was a girl of tender years, and under the dominion and controul of the defendant.Rex v. Eliz. Ridley, 2Camp. R.650. See alsoRegina v. Gould. Salk.381.
92. It is said that to act upon the mind by terror, continual griefs or vexations, though with the intent to kill, is not murder, unless there be some personal violence, 1East. P. C.,p.225: but query this, the proof of the crime may be difficult, but its perpetration is far from impossible. To act on the mind of a pregnant woman by extreme terrors, and so produce abortion and death of malice prepense, would certainly be murder in its most atrocious form; it might require some ingenuity in framing the indictment; but our law is fertile in fictions on less worthy occasions, and ought not to allow its just vengeance to be avoided. In cases of murder by starvation there may be no actual violence, yet the law reaches this offence; sometimes indeed imprisonment forms a part of the crime, but this may not always be the case; for if the deceased were confined to his bed by disease, so that he could not seek his own food, and those who were bound to supply him maliciously neglected their duty, it would be murder by omission without any personal violence committed.SeeSelf’scase, 1East. P. C.226: 1Leach, C.C.163, and authorities there. So in an indictment for starving a servant,Lawrence, J. intimated, that he thought the indictment insufficient, in not allegingthat Elizabeth Williams was a girl of tender years, and under the dominion and controul of the defendant.Rex v. Eliz. Ridley, 2Camp. R.650. See alsoRegina v. Gould. Salk.381.
93. “Such also was the case of the parish officers who shifted a child from parish to parish, till it died for want of care and sustinence.” 1East. P. C.226, and authorities there. Unfortunately this species of crime is not of very rare occurrence; numerous instances might be cited where the death of a pauper has been caused by the barbarous custom of removing the poor, without the slightest regard to their age, disease, or infirmity.
93. “Such also was the case of the parish officers who shifted a child from parish to parish, till it died for want of care and sustinence.” 1East. P. C.226, and authorities there. Unfortunately this species of crime is not of very rare occurrence; numerous instances might be cited where the death of a pauper has been caused by the barbarous custom of removing the poor, without the slightest regard to their age, disease, or infirmity.
94. As we are not aware of the existence of any poisonous filth so noxious as to destroy by its mere stench, we shall not enlarge on this head; we have indeed heard of an attempt to kill by the smoke of burning Euphorbium, but without believing in its power.Vide ante tit. Nuisance, et post, Aerial poisons.
94. As we are not aware of the existence of any poisonous filth so noxious as to destroy by its mere stench, we shall not enlarge on this head; we have indeed heard of an attempt to kill by the smoke of burning Euphorbium, but without believing in its power.Vide ante tit. Nuisance, et post, Aerial poisons.
95. In this case it is not necessary that there should be any signs or even suspicion of violence; the bare fact that they died in gaol is enough.
95. In this case it is not necessary that there should be any signs or even suspicion of violence; the bare fact that they died in gaol is enough.
96. One half of the jury should be of the prisoners, 1East P. C.383, for they are most likely to know if any unnecessary hardship had been inflicted on the deceased.
96. One half of the jury should be of the prisoners, 1East P. C.383, for they are most likely to know if any unnecessary hardship had been inflicted on the deceased.
97. The learned Reporter does not appear to have adverted to the distinction between epidemic and contagious distempers. See vol. 1, p. 105.
97. The learned Reporter does not appear to have adverted to the distinction between epidemic and contagious distempers. See vol. 1, p. 105.
98. It is to be feared that grand juries will discontinue their salutary custom of visiting the prisons, in consequence of a recent decision that they have no right to demand admission. As the propriety of their inspection is generally granted, we may venture to hint a wish that some enactment may pass on this subject, and that the temporary political objection, arising out of the seclusion of state prisoners, may not be permitted to operate as a general and permanent obstacle. It is to the zeal of individuals in tracing abuses, rather than to legislative enactment for their prevention, that we look for the still necessary improvements of our prison discipline; for no government, however vigilant, can guard against the secret misconduct of its obscurer agents; all it can do, is to encourage enquiry, whenever the first hint of delinquency or even of suspicion is communicated. The subject is now under legislative consideration, and we may therefore hope that a due system may be adopted, one which shall equally steer clear of the wasteful expenditure of the Millbank Penitentiary, and the enormities imputed to Ilchester: that prisons may be made places of confinement, coercion, and punishment; but not of torture, contagion, and despair.The improvement in morals, order, and cleanliness introduced into some prisons by the exertions of a benevolent individual (Mrs. Fry) deserves our notice; her attention indeed has been mainly directed to the mental and religious instruction of female prisoners, but this mental improvement is not without its effect on their bodily health; order, temperance, and cleanliness, will always produce a physical as well as moral improvement on the minds and persons of the lower orders.
98. It is to be feared that grand juries will discontinue their salutary custom of visiting the prisons, in consequence of a recent decision that they have no right to demand admission. As the propriety of their inspection is generally granted, we may venture to hint a wish that some enactment may pass on this subject, and that the temporary political objection, arising out of the seclusion of state prisoners, may not be permitted to operate as a general and permanent obstacle. It is to the zeal of individuals in tracing abuses, rather than to legislative enactment for their prevention, that we look for the still necessary improvements of our prison discipline; for no government, however vigilant, can guard against the secret misconduct of its obscurer agents; all it can do, is to encourage enquiry, whenever the first hint of delinquency or even of suspicion is communicated. The subject is now under legislative consideration, and we may therefore hope that a due system may be adopted, one which shall equally steer clear of the wasteful expenditure of the Millbank Penitentiary, and the enormities imputed to Ilchester: that prisons may be made places of confinement, coercion, and punishment; but not of torture, contagion, and despair.
The improvement in morals, order, and cleanliness introduced into some prisons by the exertions of a benevolent individual (Mrs. Fry) deserves our notice; her attention indeed has been mainly directed to the mental and religious instruction of female prisoners, but this mental improvement is not without its effect on their bodily health; order, temperance, and cleanliness, will always produce a physical as well as moral improvement on the minds and persons of the lower orders.
99. A similar calamity occurred in Dublin in 1776, when the sheriff, several counsellors, and others, fell victims to this disease. Gents. Mag. The death of the late JudgeOsbornealso is attributed to an ill-ventilated court.
99. A similar calamity occurred in Dublin in 1776, when the sheriff, several counsellors, and others, fell victims to this disease. Gents. Mag. The death of the late JudgeOsbornealso is attributed to an ill-ventilated court.
100. The law does not appear to have made any sufficient provision for the (not improbable) contingency of a highly infectious disorder breaking out in any prison, yet it is evidently unjust that a prisoner for a debt ofone shilling!or any other sum, should be exposed to the hazard of his life by remaining in contact with the infected, (seeBuxton’sInquiry.) Formerly the writ ofHabeas Corpuswas granted on such occasions, but abuses having arisen it was ultimately referred to the judges to consider the legality of this application of the writ, who decided against it; adding, however, that in case of great infection some house in some good town might be assigned for the warden of the Fleet, and the like for the marshal of the King’s Bench, where they might keep their prisonerssub arcta et salva custodia.Hutt.129. But query, how far this course would be applicable to other prisons?
100. The law does not appear to have made any sufficient provision for the (not improbable) contingency of a highly infectious disorder breaking out in any prison, yet it is evidently unjust that a prisoner for a debt ofone shilling!or any other sum, should be exposed to the hazard of his life by remaining in contact with the infected, (seeBuxton’sInquiry.) Formerly the writ ofHabeas Corpuswas granted on such occasions, but abuses having arisen it was ultimately referred to the judges to consider the legality of this application of the writ, who decided against it; adding, however, that in case of great infection some house in some good town might be assigned for the warden of the Fleet, and the like for the marshal of the King’s Bench, where they might keep their prisonerssub arcta et salva custodia.Hutt.129. But query, how far this course would be applicable to other prisons?
101. The learnedJacob Bryantlost his life from mortification in his leg, originating in the slight circumstance of a rasure against a chair, in the act of reaching a book from a shelf.
101. The learnedJacob Bryantlost his life from mortification in his leg, originating in the slight circumstance of a rasure against a chair, in the act of reaching a book from a shelf.
102. See “An account of a case of recovery, after an extraordinary accident, by which the shaft of a chaise had been forced through the thorax.” by William Maiden; London, 1812.
102. See “An account of a case of recovery, after an extraordinary accident, by which the shaft of a chaise had been forced through the thorax.” by William Maiden; London, 1812.
103. Memoires de l’Acad. Royale. 1705.
103. Memoires de l’Acad. Royale. 1705.
104. Med. Polit. P. 1. C. 1.
104. Med. Polit. P. 1. C. 1.
105.Hebenstreitobserves that if a man is wounded by two different persons, one of whom stabs in the side, the other in the belly, it becomes necessary after death to ascertain of which wound the deceased died, in order that the actual murderer may be punished. By the law of England this question can never arise.
105.Hebenstreitobserves that if a man is wounded by two different persons, one of whom stabs in the side, the other in the belly, it becomes necessary after death to ascertain of which wound the deceased died, in order that the actual murderer may be punished. By the law of England this question can never arise.
106. The bites of venomous animals will be considered under the head of Poisons.
106. The bites of venomous animals will be considered under the head of Poisons.
107. This trial is the more remarkable as forming one of the numerous persecutions to which the prisoner claimant of the Annesley Peerage was subjected by the rancour of his opponent; for the other proceedingssee State Trials.
107. This trial is the more remarkable as forming one of the numerous persecutions to which the prisoner claimant of the Annesley Peerage was subjected by the rancour of his opponent; for the other proceedingssee State Trials.
108. Poisoning, in war, is even considered by the law of nations as more odious than assassination, of thisGrotius(lib. iii. c. 4.) has enlarged. It was a maxim of the Roman senate, that war was to be carried on by arms, and not by poison (Aul. Gell. Nat. Altico.lib. iii. c. 8.). EvenTiberiusrejected the proposal made by the Prince of the Catti, that if poison was sent to him, he would destroyArminius; he received for answer, that the Roman people chastised their enemies by open force, without having recourse to wicked practices and secret machinations (Val. Max.1. iv. c. 5.)
108. Poisoning, in war, is even considered by the law of nations as more odious than assassination, of thisGrotius(lib. iii. c. 4.) has enlarged. It was a maxim of the Roman senate, that war was to be carried on by arms, and not by poison (Aul. Gell. Nat. Altico.lib. iii. c. 8.). EvenTiberiusrejected the proposal made by the Prince of the Catti, that if poison was sent to him, he would destroyArminius; he received for answer, that the Roman people chastised their enemies by open force, without having recourse to wicked practices and secret machinations (Val. Max.1. iv. c. 5.)
109. See also 4Co. R.case ofVaux, who was executed for poisoning with Cantharides. “Persuadebat eundem Nichol’ recipere et bibere quemdam potum mixtum cum quodam veneno vocat cantharides, affirmans et verificans eidem Nichol’ quod præd’ potus sic mixtus cum præd’ veneno vocat’ canth’ non fuit intoxicatus(Anglice poisoned)sed quod per reception’ inde præd’ Nich’ exit’ de corpore dictæ Margaretæ tunc uxoris suæ procuraret et haberet.” It is to be hoped that the age of Philtres and love powders is passed.
109. See also 4Co. R.case ofVaux, who was executed for poisoning with Cantharides. “Persuadebat eundem Nichol’ recipere et bibere quemdam potum mixtum cum quodam veneno vocat cantharides, affirmans et verificans eidem Nichol’ quod præd’ potus sic mixtus cum præd’ veneno vocat’ canth’ non fuit intoxicatus(Anglice poisoned)sed quod per reception’ inde præd’ Nich’ exit’ de corpore dictæ Margaretæ tunc uxoris suæ procuraret et haberet.” It is to be hoped that the age of Philtres and love powders is passed.
110. At Warwick Assizes, 18Eliz.John SaundersandAlexander Archerwere indicted for the wilful murder ofEleanor Saunders, an infant of 3 years of age, daughter of the first prisoner.Saunderswishing to get rid of his wife consultedArcher, by whose advice he gave her (being ill) a roasted apple, with which he had mixedarsenicandroseacre. She ate a small part of it, and in his presence gave the remainder to the infant, for whichSaundersreprehended her, saying apples were not good for such children, but he permitted the child to swallow the poison, lest he should be suspected. He was condemned and executed, but a point was reserved as to the guilt of his accompliceArcher, for which, seePlowden’s Rep.474.
110. At Warwick Assizes, 18Eliz.John SaundersandAlexander Archerwere indicted for the wilful murder ofEleanor Saunders, an infant of 3 years of age, daughter of the first prisoner.Saunderswishing to get rid of his wife consultedArcher, by whose advice he gave her (being ill) a roasted apple, with which he had mixedarsenicandroseacre. She ate a small part of it, and in his presence gave the remainder to the infant, for whichSaundersreprehended her, saying apples were not good for such children, but he permitted the child to swallow the poison, lest he should be suspected. He was condemned and executed, but a point was reserved as to the guilt of his accompliceArcher, for which, seePlowden’s Rep.474.
111. The study of poisoning appears to have been of considerable antiquity.Ulyssessought poison for his weapons fromIlus, “φαρμακον ανδροφονον” Od. 1. 1. v. 261; but the conscientious pharmacopolist refused to furnish his dangerous preparations to the wily chief.
111. The study of poisoning appears to have been of considerable antiquity.Ulyssessought poison for his weapons fromIlus, “φαρμακον ανδροφονον” Od. 1. 1. v. 261; but the conscientious pharmacopolist refused to furnish his dangerous preparations to the wily chief.
112. Taciti Annal: Lib: iv. c. 8.
112. Taciti Annal: Lib: iv. c. 8.
113. Hist: Plant. Lib: ix. c. 16, p. 189.
113. Hist: Plant. Lib: ix. c. 16, p. 189.
114. Lib: viii, c. 18.
114. Lib: viii, c. 18.
115. For the ingenious mode in which this poison was administered, seeTacitus. The prince having called for a cup of wine, it was purposely presented too hot; he desired cold water to be added to it, and the opportunity was then taken to infuse the poison. By this stratagem the taster (“calida gelidæque minister.”Juv. Sat.v.v.63.) escaped its effects, in which he must otherwise have participated withBritannicus.
115. For the ingenious mode in which this poison was administered, seeTacitus. The prince having called for a cup of wine, it was purposely presented too hot; he desired cold water to be added to it, and the opportunity was then taken to infuse the poison. By this stratagem the taster (“calida gelidæque minister.”Juv. Sat.v.v.63.) escaped its effects, in which he must otherwise have participated withBritannicus.
116. The reader will find a very interesting account of this diabolical woman inLabat’s Travels through Italy, and also inBeckman’s History of Inventions.
116. The reader will find a very interesting account of this diabolical woman inLabat’s Travels through Italy, and also inBeckman’s History of Inventions.
117.HoffmanMedicin. Rational.
117.HoffmanMedicin. Rational.
118. This story, if we mistake not, suggested to the successful author of Kenilworth, the tragic death of his Alchymist.
118. This story, if we mistake not, suggested to the successful author of Kenilworth, the tragic death of his Alchymist.
119. The belief in the possibility of poisoning by the vestments is very ancient, as is shewn by the fabled death of Hercules.----“Capit inscius heros:Induiturque humeris Lernææ virus Echidnæ.----------------------------------------------------------------------------------Incaluit vis illa mali; resolutaque flammis;Herculeos abiit late diffusa per artus.”Ovid. Metam. Lib.ix.v.157.
119. The belief in the possibility of poisoning by the vestments is very ancient, as is shewn by the fabled death of Hercules.
----“Capit inscius heros:Induiturque humeris Lernææ virus Echidnæ.----------------------------------------------------------------------------------Incaluit vis illa mali; resolutaque flammis;Herculeos abiit late diffusa per artus.”
----“Capit inscius heros:Induiturque humeris Lernææ virus Echidnæ.----------------------------------------------------------------------------------Incaluit vis illa mali; resolutaque flammis;Herculeos abiit late diffusa per artus.”
----“Capit inscius heros:Induiturque humeris Lernææ virus Echidnæ.----------------------------------------------------------------------------------Incaluit vis illa mali; resolutaque flammis;Herculeos abiit late diffusa per artus.”
----“Capit inscius heros:
Induiturque humeris Lernææ virus Echidnæ.
-----------------------------------------
-----------------------------------------
Incaluit vis illa mali; resolutaque flammis;
Herculeos abiit late diffusa per artus.”
Ovid. Metam. Lib.ix.v.157.
120. Quæst. Med. Leg.
120. Quæst. Med. Leg.
121.Sir Edward Coke in the trial of Sir John Hollis.
121.Sir Edward Coke in the trial of Sir John Hollis.
122.Bacon’sworks, vol. ii. p. 614.
122.Bacon’sworks, vol. ii. p. 614.
123. “επιφερεν οιδηματα σωματος, μετα ωχροτητος επιτεταμενης. δυσπνοειν και δυσωδια οδωδεναι το στομα, και λυγμος αυτοις επεται, ενιοτε δε και σπερματος απροαιρετος εκκρισις.”
123. “επιφερεν οιδηματα σωματος, μετα ωχροτητος επιτεταμενης. δυσπνοειν και δυσωδια οδωδεναι το στομα, και λυγμος αυτοις επεται, ενιοτε δε και σπερματος απροαιρετος εκκρισις.”
124. 1. κωφος η αφθογγος; 2. φωνητικος.
124. 1. κωφος η αφθογγος; 2. φωνητικος.
125. Instit. Mater. Medic. p. 176.
125. Instit. Mater. Medic. p. 176.
126.Manuale di Tossicologia, p. 79. 245.
126.Manuale di Tossicologia, p. 79. 245.
127. See alsoIstituzioni di Med. For. di G. Tortosa, vol. 2. p. 67, and authorities there cited.
127. See alsoIstituzioni di Med. For. di G. Tortosa, vol. 2. p. 67, and authorities there cited.
128. This fact may be illustrated by ancient as well as modern records; from the poisoned tunic of the Centaur Nessus, to the treacherous powders of the diabolicalMary Bateman.
128. This fact may be illustrated by ancient as well as modern records; from the poisoned tunic of the Centaur Nessus, to the treacherous powders of the diabolicalMary Bateman.
129.Theophrast.Hist. Plant.lx. c. 16.Strabomentions the action of theLauro-cerasus, as a poison, and observes that it occasions a death like that of Epilepsy.
129.Theophrast.Hist. Plant.lx. c. 16.Strabomentions the action of theLauro-cerasus, as a poison, and observes that it occasions a death like that of Epilepsy.
130. All these substances were found in the casket ofSaint Croix.
130. All these substances were found in the casket ofSaint Croix.
131.Gerarde, in his Herbal, considers theCymbalariato be the Pennywort of which he describes two varieties, viz. the Wall-pennywort, and the Water-pennywort; and he blames the “ignorant apothecaries,” for using the latter instead of the former, as extremely dangerous and destructive to life. Modern botanists consider it as anAntirrhinum,—A. Cymbalaria. Lin. i. e. Ivy-leaved Toad-flax. We are not aware of any part of this genus being poisonous. TheA. Linaria, common Toad-flax, appears to be the only one to which any medicinal virtues have been ascribed.Linnæus, however, says (Flor. Suec.) that this plant is used as a poison to flies.
131.Gerarde, in his Herbal, considers theCymbalariato be the Pennywort of which he describes two varieties, viz. the Wall-pennywort, and the Water-pennywort; and he blames the “ignorant apothecaries,” for using the latter instead of the former, as extremely dangerous and destructive to life. Modern botanists consider it as anAntirrhinum,—A. Cymbalaria. Lin. i. e. Ivy-leaved Toad-flax. We are not aware of any part of this genus being poisonous. TheA. Linaria, common Toad-flax, appears to be the only one to which any medicinal virtues have been ascribed.Linnæus, however, says (Flor. Suec.) that this plant is used as a poison to flies.
132. Man. de Toxicol.
132. Man. de Toxicol.
133. Hist. General de Venen. mineral.
133. Hist. General de Venen. mineral.
134.Boerhaavegives us the following definition. “Venenum dico omne illud quod ingestum vel applicatum corpori, talem in corpore humano mutationem excitat, quæ per ipsam eam mutationem non superatur. Medicamentum præterea in eo differt, quod ipsa, quam facit mutatio, in sanitatem tendat, venenum vero corpus mutat, ut ex sano ægrum fiat, aut cadaver.” (Prælect. Acad. T. vi, p. 283.)Hoffmannhas furnished us with a definition less exceptionable than the foregoing, but still inferior to that ofGmelin. “Alit natura res, quæ exigua mole et summa partium tenuitate, brevi tempore, concentum atque ordinem motuum vitalium pervertunt, vel plane destruunt; et hæ vocari solent Venena.” (M.R.S.T. II. p. 88.)
134.Boerhaavegives us the following definition. “Venenum dico omne illud quod ingestum vel applicatum corpori, talem in corpore humano mutationem excitat, quæ per ipsam eam mutationem non superatur. Medicamentum præterea in eo differt, quod ipsa, quam facit mutatio, in sanitatem tendat, venenum vero corpus mutat, ut ex sano ægrum fiat, aut cadaver.” (Prælect. Acad. T. vi, p. 283.)Hoffmannhas furnished us with a definition less exceptionable than the foregoing, but still inferior to that ofGmelin. “Alit natura res, quæ exigua mole et summa partium tenuitate, brevi tempore, concentum atque ordinem motuum vitalium pervertunt, vel plane destruunt; et hæ vocari solent Venena.” (M.R.S.T. II. p. 88.)
135. We have adopted this term, as one that has been in previous use, although we are by no means satisfied that a more expressive word might not be found.
135. We have adopted this term, as one that has been in previous use, although we are by no means satisfied that a more expressive word might not be found.
136. This case is detailed in his ‘Pharmacologia,’ under the articleCupri Sulphas.
136. This case is detailed in his ‘Pharmacologia,’ under the articleCupri Sulphas.
137. See an interesting paper by Dr.Marcet, in the 12th volume of the Medico-Chirurgical Transactions, entitled, “Account of a man who lived ten years after having swallowed a number of clasp knives.”
137. See an interesting paper by Dr.Marcet, in the 12th volume of the Medico-Chirurgical Transactions, entitled, “Account of a man who lived ten years after having swallowed a number of clasp knives.”
138. In the reign ofLouis xiv,Henrietta, Duchess of Orleans, is said to have been poisoned by diamond-dust mixed with powdered sugar. The same substance is enumerated among other extraordinary poisons, as having been administered in the case ofSir Thomas Overbury.
138. In the reign ofLouis xiv,Henrietta, Duchess of Orleans, is said to have been poisoned by diamond-dust mixed with powdered sugar. The same substance is enumerated among other extraordinary poisons, as having been administered in the case ofSir Thomas Overbury.
139. Old women in the country recommend the same remedy for the destruction of worms; probably the medicine and the poison may be equally effective.
139. Old women in the country recommend the same remedy for the destruction of worms; probably the medicine and the poison may be equally effective.
140. Saggi Scientif. e letter dell’ Accademia di Padova. T. III. p. 11, p. 1.
140. Saggi Scientif. e letter dell’ Accademia di Padova. T. III. p. 11, p. 1.
141. Chylologia.
141. Chylologia.
142. De Venenis.
142. De Venenis.
143. Comment. super Homicid. p. 177.
143. Comment. super Homicid. p. 177.
144. Ratio Medendi. Part VI, p. 60.
144. Ratio Medendi. Part VI, p. 60.
145. Hist. General de Venenis Mineral.
145. Hist. General de Venenis Mineral.
146. Med. Leg. Tom. II. p. 170.
146. Med. Leg. Tom. II. p. 170.
147. Tom. II. p. 346.
147. Tom. II. p. 346.
148. Man. de Toxicol.
148. Man. de Toxicol.
149. Fragmenta Chirurg. et Med. p. 66.
149. Fragmenta Chirurg. et Med. p. 66.
150. Pharmacologia, Edit. v. vol. I. p. 324.
150. Pharmacologia, Edit. v. vol. I. p. 324.
151. See Medical Facts and Observations, Vol. v.
151. See Medical Facts and Observations, Vol. v.
152. See M.Pouqueville’s“Voyage de Morée,” also Mr.Thornton’sTravels; and Notes to LordByron’sChilde Harold’s Pilgrimage.
152. See M.Pouqueville’s“Voyage de Morée,” also Mr.Thornton’sTravels; and Notes to LordByron’sChilde Harold’s Pilgrimage.
153. M. R. S. T. iv. Part iii, p. 278.
153. M. R. S. T. iv. Part iii, p. 278.
154. For the purpose of propitiating the favour of heaven, the alchymist stamped the figure of the cross upon the vessel, in which he expected to obtain the long sought prize that was to convert the baser metals into gold, whence the termCruciblederived its origin. And when the experiments of chemistry began to be considered as the true tests of philosophical truth, the expression of “Experimentum crucis” was adopted to signify the highest degree of proof of which a subject is susceptible.
154. For the purpose of propitiating the favour of heaven, the alchymist stamped the figure of the cross upon the vessel, in which he expected to obtain the long sought prize that was to convert the baser metals into gold, whence the termCruciblederived its origin. And when the experiments of chemistry began to be considered as the true tests of philosophical truth, the expression of “Experimentum crucis” was adopted to signify the highest degree of proof of which a subject is susceptible.
155.Sydenhamconsidered the occurrence of cholera, as a disease in England, to be confined to the month of August, at which time, says he, it appears as certainly as swallows in the early spring, or cuckows at the approach of summer; but he himself observed it to appear sometimes towards the end of summer, when the season was unusually warm; and that the violence of the disease was in proportion to the degree of heat.Note. Mrs. Downingdied in November, andMiss Burns, whose case is so frequently alluded to in this work, in March.
155.Sydenhamconsidered the occurrence of cholera, as a disease in England, to be confined to the month of August, at which time, says he, it appears as certainly as swallows in the early spring, or cuckows at the approach of summer; but he himself observed it to appear sometimes towards the end of summer, when the season was unusually warm; and that the violence of the disease was in proportion to the degree of heat.Note. Mrs. Downingdied in November, andMiss Burns, whose case is so frequently alluded to in this work, in March.
156. Youths and adults are more generally affected than children and old persons.
156. Youths and adults are more generally affected than children and old persons.
157.Sydenhamdescribing the violent symptoms of cholera concludes by observing, “and such like symptoms as frighten the by-standers, and kill the patient in 24 hours.” Syd. Sect. iv, c. 2. It must be remembered thatSydenhamis here describing an extreme case. The unfortunateMrs. Downing(see Appendix, p. 277) died in fourteen hours!
157.Sydenhamdescribing the violent symptoms of cholera concludes by observing, “and such like symptoms as frighten the by-standers, and kill the patient in 24 hours.” Syd. Sect. iv, c. 2. It must be remembered thatSydenhamis here describing an extreme case. The unfortunateMrs. Downing(see Appendix, p. 277) died in fourteen hours!
158. See the case ofMr. Robert Turner, poisoned byEliz. Fenning, as related byMr. Marshall.
158. See the case ofMr. Robert Turner, poisoned byEliz. Fenning, as related byMr. Marshall.
159. SeeBaillie’sMorbid Anatomy.
159. SeeBaillie’sMorbid Anatomy.
160. Opera Omnia Ch. iv, p. 34.
160. Opera Omnia Ch. iv, p. 34.
161. De Causis et Signis. Lib. 1, c. 7.
161. De Causis et Signis. Lib. 1, c. 7.
162. De Abdit. rerum Causis. Lib. ii, c. 15.
162. De Abdit. rerum Causis. Lib. ii, c. 15.
163. De Sedibus, &c. Epist. 59, n. 16.
163. De Sedibus, &c. Epist. 59, n. 16.
164. Anthropolog: Forens. p. 523.
164. Anthropolog: Forens. p. 523.
165. De Signis Veneni dati Diagnosticis, n. 8.
165. De Signis Veneni dati Diagnosticis, n. 8.
166. M. R. S. T. iv, p. 3, c. 8.
166. M. R. S. T. iv, p. 3, c. 8.
167. Med. Forens. p. 169.
167. Med. Forens. p. 169.
168. Cours de Med. Leg. p. 248.
168. Cours de Med. Leg. p. 248.
169. Nouveau Ellem. de Therapeutiq. T. 1, p. 408.
169. Nouveau Ellem. de Therapeutiq. T. 1, p. 408.
170. Med. Leg. T. 2, p. 225
170. Med. Leg. T. 2, p. 225
171. Med. Leg. T. ii, p. 260.
171. Med. Leg. T. ii, p. 260.
172. Œuvres de Medecine, T. 1, p. 69.
172. Œuvres de Medecine, T. 1, p. 69.
173. De Cholica Pictonum, p. 37.
173. De Cholica Pictonum, p. 37.
174. See alsoSloane MSS.Brit. Mus. 330: 9135. “Venenum potest generari in corpore.”
174. See alsoSloane MSS.Brit. Mus. 330: 9135. “Venenum potest generari in corpore.”
175. Observations on Apparent Death from Drowning, &c. byJames Currie, M.D. p. 156.
175. Observations on Apparent Death from Drowning, &c. byJames Currie, M.D. p. 156.
176. We are informed byTortosa(Istituzioni di Med. For. vol. ii, p. 62) that a work has been published by a celebrated physician of Verona, Rotario, in which the author attempts to establish a diagnosis by which these symptoms may be distinguished. (Opere Med. p. 116.) We have not been so fortunate as to obtain a sight of this work.
176. We are informed byTortosa(Istituzioni di Med. For. vol. ii, p. 62) that a work has been published by a celebrated physician of Verona, Rotario, in which the author attempts to establish a diagnosis by which these symptoms may be distinguished. (Opere Med. p. 116.) We have not been so fortunate as to obtain a sight of this work.
177. Those who are desirous of becoming farther acquainted with the history of this opinion may consult the “Recherches et Considerations Medicales, sur l’acide Hydro-cyanique, son radical, ses composés, et ses antidotes,” parJ. Coullon, D. M. 1 vol. 8vo. 1819.Dr. Granvillehas also in his Treatise on Hydrocyanic acid (edit. 2d 1820) alluded to this opinion, and to the different authors who have supported it, p. 24. The reader will also find a case byFourcroy, (Annales de Chimie, tom. 1, p. 66) of a woman, of about thirty years of age, who in consequence of protracted grief, laboured under a nervous and melancholic affection; she became extremely emaciated, and her livid paleness, and universal langour seemed to indicate a depressed state of vitality, and a decomposition of the animal fluids; after a few days she was seized with faintings and convulsions, which were followed by the discharge of drops of blood from the edge of the eye-lids, the nostrils, and the ears. The linen with which the blood was wiped was marked with spots of a beautiful blue. Fourcroy examined this matter, and concluded that the blood contained Prussiate of iron.
177. Those who are desirous of becoming farther acquainted with the history of this opinion may consult the “Recherches et Considerations Medicales, sur l’acide Hydro-cyanique, son radical, ses composés, et ses antidotes,” parJ. Coullon, D. M. 1 vol. 8vo. 1819.Dr. Granvillehas also in his Treatise on Hydrocyanic acid (edit. 2d 1820) alluded to this opinion, and to the different authors who have supported it, p. 24. The reader will also find a case byFourcroy, (Annales de Chimie, tom. 1, p. 66) of a woman, of about thirty years of age, who in consequence of protracted grief, laboured under a nervous and melancholic affection; she became extremely emaciated, and her livid paleness, and universal langour seemed to indicate a depressed state of vitality, and a decomposition of the animal fluids; after a few days she was seized with faintings and convulsions, which were followed by the discharge of drops of blood from the edge of the eye-lids, the nostrils, and the ears. The linen with which the blood was wiped was marked with spots of a beautiful blue. Fourcroy examined this matter, and concluded that the blood contained Prussiate of iron.
178. Anthropolog. Forens. p. 526.
178. Anthropolog. Forens. p. 526.
179. Edinburgh Medical Essays.
179. Edinburgh Medical Essays.
180. Phil. Trans. A. D. 1772, “On the Digestion of the Stomach after Death,” byJohn Hunter, F. R. S. and Surgeon to St. George’s Hospital.
180. Phil. Trans. A. D. 1772, “On the Digestion of the Stomach after Death,” byJohn Hunter, F. R. S. and Surgeon to St. George’s Hospital.
181. This phenomenon is frequently exhibited, in a very satisfactory manner, by inferior animals who die suddenly.Mr. Hunternoticed it particularly in fish.
181. This phenomenon is frequently exhibited, in a very satisfactory manner, by inferior animals who die suddenly.Mr. Hunternoticed it particularly in fish.
182. We allude to a highly interesting paper, to which we shall have frequent occasion to refer in the progress of the present inquiry, entitled “Observations on the Digestion of the Stomach after Death,” byAllan Burns, Lecturer on Anatomy and Surgery in Glasgow. Edinburgh Med. and Surg. Journ. for April, 1810.
182. We allude to a highly interesting paper, to which we shall have frequent occasion to refer in the progress of the present inquiry, entitled “Observations on the Digestion of the Stomach after Death,” byAllan Burns, Lecturer on Anatomy and Surgery in Glasgow. Edinburgh Med. and Surg. Journ. for April, 1810.
183.Hunter’sObservations on Digestion, p. 185.
183.Hunter’sObservations on Digestion, p. 185.
184.Adams’sObservations on Morbid Poisons, edit. 2, p. 30, where he says “but for this purpose,Mr. Huntersaw that the animal must be in health immediately before death, otherwise neither the quantity nor quality of the secretion would be equal to the purpose; he was confirmed in this by the instances in which he saw the stomach digested; both were men who had died from a violent death; both had been previously in sufficient health to eat a hearty meal. The fair inference from these was, that when men die of disease, the appetite usually ceases, and probably the secretion of the gastric juice also.”
184.Adams’sObservations on Morbid Poisons, edit. 2, p. 30, where he says “but for this purpose,Mr. Huntersaw that the animal must be in health immediately before death, otherwise neither the quantity nor quality of the secretion would be equal to the purpose; he was confirmed in this by the instances in which he saw the stomach digested; both were men who had died from a violent death; both had been previously in sufficient health to eat a hearty meal. The fair inference from these was, that when men die of disease, the appetite usually ceases, and probably the secretion of the gastric juice also.”
185.Burns, loco citato.
185.Burns, loco citato.
186. “It will generally be found that, where the coats of the stomach are softened by the gastric juice, the vessels are unable to resist the force of the syringe in injecting the body. In such subjects, therefore, we find the cavity of the stomach filled with wax, and we likewise see masses of it collected between the coats of the viscus.”
186. “It will generally be found that, where the coats of the stomach are softened by the gastric juice, the vessels are unable to resist the force of the syringe in injecting the body. In such subjects, therefore, we find the cavity of the stomach filled with wax, and we likewise see masses of it collected between the coats of the viscus.”
187. Mark this circumstance, for we shall have occasion to revert to it, when we come to considerthe partof the stomach which undergoes solution from the action of the gastric juice.
187. Mark this circumstance, for we shall have occasion to revert to it, when we come to considerthe partof the stomach which undergoes solution from the action of the gastric juice.
188. A case of extensive solution of the Stomach by the Gastric fluids, after Death. ByJohn Haviland, M. D. Regius Professor of Physic in the University of Cambridge. Transactions of the Cambridge Philosophical Society, vol. 1, part ii, p. 287.
188. A case of extensive solution of the Stomach by the Gastric fluids, after Death. ByJohn Haviland, M. D. Regius Professor of Physic in the University of Cambridge. Transactions of the Cambridge Philosophical Society, vol. 1, part ii, p. 287.
189. He had taken, at intervals, a small quantity of port wine and water.
189. He had taken, at intervals, a small quantity of port wine and water.
190. Medico-Chirurgical Transactions, vol. iv.
190. Medico-Chirurgical Transactions, vol. iv.
191. 1. “The trial ofCharles Angus, Esq.for the murder ofMargaret Burns, taken in short hand byWilliam Jones, jun. 8vo.” Liverpool, pp. 1808, 288. Also2. “A vindication of the opinions delivered in evidence by the medical witnesses for the crown, on a late trial at Lancaster for murder, 8vo.” 1803.3. “Remarks on a late publication, entitled “A Vindication of the Opinions delivered in Evidence by the Medical witnesses for the Crown, on a late trial at Lancaster.” ByJames Carson, M.D.”4. “An Exposure of some of the false statements contained inDr. Carson’spamphlet, entitled “Remarks, &c.” in a letter to that gentleman, byJames Dawson, Surgeon.”The suspicion against the prisoner,Charles Angus, was, that he had endeavoured to procure a premature delivery, or abortion, by means of an instrument resembling a long trochar, and that he had administered, or been privy to the administration of certain drugs, which had occasioned such effects upon the stomach of the deceased, as in the end produced her death. The prisoner was a retired merchant, with two or three children, with whom the deceased had lived as housekeeper and governess. It appeared in evidence that improper familiarities had been noticed between them, and that MissBurnshad, for some time, appeared out of health, and that her abdomen was much increased in size at the period when she was attacked with the symptoms which preceded her death, and which, as we learn from the witnesses on the trial, presented the following history.The deceased was seen by the servants of the family at about six o’clock, on Wednesday morning, the 23d of March, 1808, at which time she was in her usual state of health; but replied to one of them, who remarked her having risen earlier than usual, that she could not sleep. She was next seen by the servants at a quarter before nine, sitting at breakfast withMr. Angus, but apparently very ill; after breakfast she was lying on a sofa complaining of a pain in her bowels, but she was not then sick. On moving about afterwards, she held by the chair, as if from pain, and about an hour and a half after breakfast, she ordered some water gruel, of which she drank nearly three quarts in the course of the day, being verythirsty, and in considerable pain, and so sick as to reject the gruel almost as soon as it was taken. The matter vomited was described by the house-maid as being, at first, very black, but becoming, towards the last, of a green colour; the kitchen maid, however, described it as being in the first instance of a green colour,with yellow pieces in it resembling the inside of an orange, or the yolk of an egg, and as turning blacker after it ceased to be green. While thus retching,Miss Burnsobserved to the house-maid, “Oh, Betty, what bile comes off my stomach! I wish I had taken an emetic long since.” On the servants going to bed that night, she seemed very poorly, but did not complain to them.On Thursday morning, at six o’clock, she was lying, as she had been left the night before, on the sofa, with pillows under her head; she complained that she was very thirsty; said she was tired of gruel, and had some water posset, and a little warm beer. She also complained that she was badly hurt to make water; but was relieved by sitting on a sliced onion, with some boiling water poured over it. Her vomiting was now of a blacker colour, and she continued sick and vomiting all day, till towards evening, when the sickness went off, and she appeared better, and could stir more about.On Friday morning, at four o’clock, the house-maid went into the room, and thought her much worse, as she breathed quicker than before. She was seen again at six in much the same state, and lying in the same posture on the sofa; she asked for some warm beer, which settled on her stomach, and she also took about a pint of gruel; she said that the pain had left her. Her vomiting had ceased, but was succeeded by a “lax,” which continued all the morning. A little before ten, the house-maid was sent out for some Madeira,Miss Burnshaving expressed a wish for some. Between the hours of ten and eleven, the kitchen maid was in the room, and received orders about dinner; andMiss Burnssaid she would have some barley water. On the return of the house-maid, about eleven, she went straight into the parlour, whereMiss Burnswas found lying dead in the corner, by the door, with her face against the wall, “cowered of a lump,” her elbows upon her knees, and one foot “crudled” under her;Mr. Angus, who had nursed her throughout, sitting in an arm chair, apparently so fast asleep that he was not roused without difficulty. During the whole course of her illness, she did not go to bed, but remained in the parlour, generally lying on a sofa. She refused to have medical assistance; butMr. Angussaid that he had given her seven drops of laudanum on one night, and ten on another, and that on the morning of her death he had given her some castor oil, in spirit, but that it came up immediately.REPORT OF THE DISSECTION.On Sunday the 27th of March, 1808, at noon,Dr. Rutterwas desired by the Coroner of Liverpool to take with him an experienced surgeon to the house ofMr. Charles Angus, and there to examine the body of a young lady who had died suddenly.The examination was made at two o’clock the same day, byMr. Hay, a surgeon in Liverpool, with his apprentice, in company withDr. RutterandDr. Gerard; and the following report on the subject was presented to the coroner in writing.“On our arrival at the house, we were introduced into a parlour, where we foundMr. Angus, with some other persons to us unknown; and we delivered to him the note from the coroner as the authority under which we acted. Upon perusing it, he expressed perfect willingness that the examination should be made. We were then introduced into the room up stairs, were the body of the deceased was laid. After having removed the body, a small stain of blood was observed on the sheet of the bed on which it had laid; and the pillow was stained with a fluid which had issued from the head. The body being laid on a table, a large quantity of a thin yellowish fluid poured out from the nostrils, and was collected in vessels. No marks of external violence were discovered on the body; nor was there any appearance of commencing putrefaction. The nails of the fingers were of a bluish colour; and the veins on the external surface of theabdomenor belly appeared to be much enlarged. At this period we were joined byMr. Christian, surgeon. On opening theabdomen, a considerable quantity of fluid was found to have been effused into that cavity, similar in colour and smell to that which issued from the nostrils, but more turbid. Marks of inflammation were found on the external or peritoneal coat of different portions of the small intestines; but the large intestines were free from it. The external coat of a part of the smaller curvature of the stomach was also inflamed; and a similar appearance of inflammation was observed on a small portion of the anterior edge of the liver, directly over the smaller curvature of the stomach. On raising up the stomach, an opening through its coats was found in the anterior and inferior part of its great curvature; and from this opening a considerable quantity of a thick fluid of a dark olive colour issued; of which fluid some ounces were collected and preserved. The natural structure of the coats of the stomach for a considerable space around this opening was destroyed; and they were so soft, pulpy, and tender, that theytore with the slightest touch. Around this part of the coats of the stomach, there were no traces of inflammation whatever. The stomach was then taken out of the body; and its inner surface was carefully washed; and the contents washed out were preserved. A quantity, about three ounces, of a fluid resembling that in the stomach, but not quite so thick, was also taken out of one of the small intestines, and preserved.“On examining the womb, it was found to be very considerably enlarged, and, on its inner surface, the part to which thePlacenta, or after-birth, had adhered, was very plainly discernible. This part was nearly circular, and occupied a space of about four inches in diameter. The mouth of the womb was greatly dilated. In a word, the appearances of the womb were such as might have been expected a few hours after the birth of a child nearly full grown.“The fluid taken out of the stomach and intestines, and cavity of theAbdomen, as well as that collected from the nostrils, was taken away: and, afterwards, in the course of the same day, examined, and subjected to various trials, with a view to discover the presence of such mineral substances as were likely to produce appearances or effects similar to those which were found in the stomach of the deceased. In this examination, we thought it right to request the assistance ofDr. Bostock. The contents of the stomach were, as has already been mentioned, of a dirty olive colour, thick, and of an acid smell. A considerable number of large globules of a dark coloured, dense, oily fluid, floated upon them; but no particular smell that we could discover. We could not discover, in the contents of the stomach, by the smell, the presence of any known vegetable substance, capable of producing deleterious effects when introduced into it. The fluid contained in the stomach deposited no sediment; nor was any but a mucous sediment found in the water with which the inner surface of the stomach was washed. Upon subjecting the contents of the stomach, in the state in which we found them, to such tests as are deemed sufficient to detect the presence of any active preparation of Mercury or Arsenic, we could not detect either of these substances. The contents of the stomach were then filtered, and subjected to the same trials, but with the same result. These trials were made atDr. Bostock’s, in the presence ofDr. GerardandDr. Rutter.”The substance of this report was afterwards delivered, in evidence, on the trial; and the following additional circumstances stated.“The preternatural opening in the stomach was larger than a crown piece; butMr. Haythinks he may have increased it in drawing down the stomach, as it was nearly in the centre of the disorganized portion, where the coats were thin, soft, and semi-transparent. The stomach was nearly full of the fluid described, but not distended. The intestines also contained a great deal of a similar fluid; and the internal villous coat of the duodenum was slightly inflamed, while its external coat was also more inflamed than that of the other intestines.”In consequence of the suspicious circumstances attending the death ofMiss Burns,Charles Anguswas indicted for her murder; but, after a trial which occupied the court from eight o’clock on Friday morning, until three on Saturday, the 2d of September, 1808, the prisoner was acquitted.The medical defence, conducted byDr. Carson, and which savoured more of the ingenuity of the forensic pleader, than the justice of the honest inquirer after truth, rested upon the following grounds, viz. 1. The appearances of the stomach upon dissection are to be reconciled upon the supposition of the dissolution of its coats having taken place,after death, in consequence of the action of the gastric fluid. 2. The symptoms which preceded death were not such as accompany corrosive poisoning. 3. No poisonous substance was detected in the body. 4. The appearance of the uterus does not justify the conclusion that a delivery had recently taken place; such a dilated state of the organ, had it lately parted with a placenta, must have occasioned death by hemorrhage, or it must have been found gorged with coagulated blood. 5. The appearances may be reconciled by supposing that an expulsion of hydatids had taken place.We must not omit to state, that in consequence of the intense interest excited by this trial, the ovaria were subsequently examined, when acorpus luteumwas discovered.We cannot conclude this account without expressing a regret that several important sources of information should have been neglected. The omitting to inspect the appendages of the uterus, to examine the œsophagus, the chest, and the head, and to analyse the membranes of the stomach, are instances of inattention, for which it is not easy to find an excuse. May they furnish a salutary lesson for future anatomists.
191. 1. “The trial ofCharles Angus, Esq.for the murder ofMargaret Burns, taken in short hand byWilliam Jones, jun. 8vo.” Liverpool, pp. 1808, 288. Also
2. “A vindication of the opinions delivered in evidence by the medical witnesses for the crown, on a late trial at Lancaster for murder, 8vo.” 1803.
3. “Remarks on a late publication, entitled “A Vindication of the Opinions delivered in Evidence by the Medical witnesses for the Crown, on a late trial at Lancaster.” ByJames Carson, M.D.”
4. “An Exposure of some of the false statements contained inDr. Carson’spamphlet, entitled “Remarks, &c.” in a letter to that gentleman, byJames Dawson, Surgeon.”
The suspicion against the prisoner,Charles Angus, was, that he had endeavoured to procure a premature delivery, or abortion, by means of an instrument resembling a long trochar, and that he had administered, or been privy to the administration of certain drugs, which had occasioned such effects upon the stomach of the deceased, as in the end produced her death. The prisoner was a retired merchant, with two or three children, with whom the deceased had lived as housekeeper and governess. It appeared in evidence that improper familiarities had been noticed between them, and that MissBurnshad, for some time, appeared out of health, and that her abdomen was much increased in size at the period when she was attacked with the symptoms which preceded her death, and which, as we learn from the witnesses on the trial, presented the following history.
The deceased was seen by the servants of the family at about six o’clock, on Wednesday morning, the 23d of March, 1808, at which time she was in her usual state of health; but replied to one of them, who remarked her having risen earlier than usual, that she could not sleep. She was next seen by the servants at a quarter before nine, sitting at breakfast withMr. Angus, but apparently very ill; after breakfast she was lying on a sofa complaining of a pain in her bowels, but she was not then sick. On moving about afterwards, she held by the chair, as if from pain, and about an hour and a half after breakfast, she ordered some water gruel, of which she drank nearly three quarts in the course of the day, being verythirsty, and in considerable pain, and so sick as to reject the gruel almost as soon as it was taken. The matter vomited was described by the house-maid as being, at first, very black, but becoming, towards the last, of a green colour; the kitchen maid, however, described it as being in the first instance of a green colour,with yellow pieces in it resembling the inside of an orange, or the yolk of an egg, and as turning blacker after it ceased to be green. While thus retching,Miss Burnsobserved to the house-maid, “Oh, Betty, what bile comes off my stomach! I wish I had taken an emetic long since.” On the servants going to bed that night, she seemed very poorly, but did not complain to them.
On Thursday morning, at six o’clock, she was lying, as she had been left the night before, on the sofa, with pillows under her head; she complained that she was very thirsty; said she was tired of gruel, and had some water posset, and a little warm beer. She also complained that she was badly hurt to make water; but was relieved by sitting on a sliced onion, with some boiling water poured over it. Her vomiting was now of a blacker colour, and she continued sick and vomiting all day, till towards evening, when the sickness went off, and she appeared better, and could stir more about.
On Friday morning, at four o’clock, the house-maid went into the room, and thought her much worse, as she breathed quicker than before. She was seen again at six in much the same state, and lying in the same posture on the sofa; she asked for some warm beer, which settled on her stomach, and she also took about a pint of gruel; she said that the pain had left her. Her vomiting had ceased, but was succeeded by a “lax,” which continued all the morning. A little before ten, the house-maid was sent out for some Madeira,Miss Burnshaving expressed a wish for some. Between the hours of ten and eleven, the kitchen maid was in the room, and received orders about dinner; andMiss Burnssaid she would have some barley water. On the return of the house-maid, about eleven, she went straight into the parlour, whereMiss Burnswas found lying dead in the corner, by the door, with her face against the wall, “cowered of a lump,” her elbows upon her knees, and one foot “crudled” under her;Mr. Angus, who had nursed her throughout, sitting in an arm chair, apparently so fast asleep that he was not roused without difficulty. During the whole course of her illness, she did not go to bed, but remained in the parlour, generally lying on a sofa. She refused to have medical assistance; butMr. Angussaid that he had given her seven drops of laudanum on one night, and ten on another, and that on the morning of her death he had given her some castor oil, in spirit, but that it came up immediately.
REPORT OF THE DISSECTION.
REPORT OF THE DISSECTION.
REPORT OF THE DISSECTION.
On Sunday the 27th of March, 1808, at noon,Dr. Rutterwas desired by the Coroner of Liverpool to take with him an experienced surgeon to the house ofMr. Charles Angus, and there to examine the body of a young lady who had died suddenly.
The examination was made at two o’clock the same day, byMr. Hay, a surgeon in Liverpool, with his apprentice, in company withDr. RutterandDr. Gerard; and the following report on the subject was presented to the coroner in writing.
“On our arrival at the house, we were introduced into a parlour, where we foundMr. Angus, with some other persons to us unknown; and we delivered to him the note from the coroner as the authority under which we acted. Upon perusing it, he expressed perfect willingness that the examination should be made. We were then introduced into the room up stairs, were the body of the deceased was laid. After having removed the body, a small stain of blood was observed on the sheet of the bed on which it had laid; and the pillow was stained with a fluid which had issued from the head. The body being laid on a table, a large quantity of a thin yellowish fluid poured out from the nostrils, and was collected in vessels. No marks of external violence were discovered on the body; nor was there any appearance of commencing putrefaction. The nails of the fingers were of a bluish colour; and the veins on the external surface of theabdomenor belly appeared to be much enlarged. At this period we were joined byMr. Christian, surgeon. On opening theabdomen, a considerable quantity of fluid was found to have been effused into that cavity, similar in colour and smell to that which issued from the nostrils, but more turbid. Marks of inflammation were found on the external or peritoneal coat of different portions of the small intestines; but the large intestines were free from it. The external coat of a part of the smaller curvature of the stomach was also inflamed; and a similar appearance of inflammation was observed on a small portion of the anterior edge of the liver, directly over the smaller curvature of the stomach. On raising up the stomach, an opening through its coats was found in the anterior and inferior part of its great curvature; and from this opening a considerable quantity of a thick fluid of a dark olive colour issued; of which fluid some ounces were collected and preserved. The natural structure of the coats of the stomach for a considerable space around this opening was destroyed; and they were so soft, pulpy, and tender, that theytore with the slightest touch. Around this part of the coats of the stomach, there were no traces of inflammation whatever. The stomach was then taken out of the body; and its inner surface was carefully washed; and the contents washed out were preserved. A quantity, about three ounces, of a fluid resembling that in the stomach, but not quite so thick, was also taken out of one of the small intestines, and preserved.
“On examining the womb, it was found to be very considerably enlarged, and, on its inner surface, the part to which thePlacenta, or after-birth, had adhered, was very plainly discernible. This part was nearly circular, and occupied a space of about four inches in diameter. The mouth of the womb was greatly dilated. In a word, the appearances of the womb were such as might have been expected a few hours after the birth of a child nearly full grown.
“The fluid taken out of the stomach and intestines, and cavity of theAbdomen, as well as that collected from the nostrils, was taken away: and, afterwards, in the course of the same day, examined, and subjected to various trials, with a view to discover the presence of such mineral substances as were likely to produce appearances or effects similar to those which were found in the stomach of the deceased. In this examination, we thought it right to request the assistance ofDr. Bostock. The contents of the stomach were, as has already been mentioned, of a dirty olive colour, thick, and of an acid smell. A considerable number of large globules of a dark coloured, dense, oily fluid, floated upon them; but no particular smell that we could discover. We could not discover, in the contents of the stomach, by the smell, the presence of any known vegetable substance, capable of producing deleterious effects when introduced into it. The fluid contained in the stomach deposited no sediment; nor was any but a mucous sediment found in the water with which the inner surface of the stomach was washed. Upon subjecting the contents of the stomach, in the state in which we found them, to such tests as are deemed sufficient to detect the presence of any active preparation of Mercury or Arsenic, we could not detect either of these substances. The contents of the stomach were then filtered, and subjected to the same trials, but with the same result. These trials were made atDr. Bostock’s, in the presence ofDr. GerardandDr. Rutter.”
The substance of this report was afterwards delivered, in evidence, on the trial; and the following additional circumstances stated.
“The preternatural opening in the stomach was larger than a crown piece; butMr. Haythinks he may have increased it in drawing down the stomach, as it was nearly in the centre of the disorganized portion, where the coats were thin, soft, and semi-transparent. The stomach was nearly full of the fluid described, but not distended. The intestines also contained a great deal of a similar fluid; and the internal villous coat of the duodenum was slightly inflamed, while its external coat was also more inflamed than that of the other intestines.”
In consequence of the suspicious circumstances attending the death ofMiss Burns,Charles Anguswas indicted for her murder; but, after a trial which occupied the court from eight o’clock on Friday morning, until three on Saturday, the 2d of September, 1808, the prisoner was acquitted.
The medical defence, conducted byDr. Carson, and which savoured more of the ingenuity of the forensic pleader, than the justice of the honest inquirer after truth, rested upon the following grounds, viz. 1. The appearances of the stomach upon dissection are to be reconciled upon the supposition of the dissolution of its coats having taken place,after death, in consequence of the action of the gastric fluid. 2. The symptoms which preceded death were not such as accompany corrosive poisoning. 3. No poisonous substance was detected in the body. 4. The appearance of the uterus does not justify the conclusion that a delivery had recently taken place; such a dilated state of the organ, had it lately parted with a placenta, must have occasioned death by hemorrhage, or it must have been found gorged with coagulated blood. 5. The appearances may be reconciled by supposing that an expulsion of hydatids had taken place.
We must not omit to state, that in consequence of the intense interest excited by this trial, the ovaria were subsequently examined, when acorpus luteumwas discovered.
We cannot conclude this account without expressing a regret that several important sources of information should have been neglected. The omitting to inspect the appendages of the uterus, to examine the œsophagus, the chest, and the head, and to analyse the membranes of the stomach, are instances of inattention, for which it is not easy to find an excuse. May they furnish a salutary lesson for future anatomists.