Aids to Forensic Medicine and ToxicologyRobertson, W. G. Aitchison (William George Aitchison )
Science
Aids to Forensic Medicine and Toxicology
Robertson, W. G. Aitchison (William George Aitchison )
Medical jurisprudence; Poisons
With regard to notes, these should be made at the time, on the spot, and
may be used by the witness in court as a refresher to the memory, though
not altogether to supply its place. All evidence is made up of
testimony, but all testimony is not evidence. The witness must not
introduce hearsay testimony. In one case only is hearsay evidence
admissible, and that is in the case of a _dying declaration_. This is a
statement made by a dying person as to how his injuries were inflicted.
These declarations are accepted because the law presumes that a dying
man is anxious to speak the truth. But the person must believe that he
is _actually_ on the point of death, with _absolutely_ no hope of
recovery. A statement was rejected because the dying person, in using
the expression 'I have no hope of recovery,' requested that the words
'at present' should be added. If after making the statement the patient
were to say, 'I hope now I shall get better,' it would invalidate the
declaration. To make the declaration admissible as evidence, death must
ensue. If possible, a magistrate should take the dying declaration; but
if he is not available, the medical man, without any suggestions or
comments of his own, should write down the statements made by the dying
person, and see them signed and witnessed. It must be made clear to the
court that at the time of making his statement the witness was under the
full conviction of approaching or impending death.
III.--PERSONAL IDENTITY
It is but seldom that medical evidence is required with regard to the
identification of the living, though it may sometimes be so, as in the
celebrated Tichborne case. The medical man may in such cases be
consulted as to family resemblance, marks on the body, naevi materni,
scars and tattoo marks, or with regard to the organs of generation in
cases of doubtful sex. Tattoo marks may disappear during life; the
brighter colours, as vermilion, as a rule, more readily than those made
with carbon, as Indian ink; after death the colouring-matter may be
found in the proximal glands. If the tattooing is superficial (merely
underneath the cuticle) the marks may possibly be removed by acetic
acid or cantharides, or even by picking out the colouring-matter with a
fine needle. With regard to scars and their permanence, it will be
remembered that scars occasioned by actual loss of substance, or by
wounds healed by granulation, never disappear. The scars of leech-bites,
lancet-wounds, or cupping instruments, may disappear after a lapse of
time. It is difficult, if not impossible, to give any certain or
positive opinion as to the age of a scar; recent scars are pink in
colour; old scars are white and glistening. The cicatrix resulting from
a wound depends upon its situation. Of incised wounds an elliptical
cicatrix is typical, linear being chiefly found between the fingers and
toes. By way of disguise the hair may be dyed black with lead acetate or
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account