Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
The advancement of the sciences and the progress of research in special
fields of knowledge have made expert testimony of large importance
during the present century. The basis of its admission is the fact
that there are certain processes of reasoning which an ordinary jury
is incapable of performing, even with the assistance of courts and
lawyers. Oftentimes in the administration of justice in our courts,
proof is given of circumstances which although admitted would have
little or no significance in the mind of an ordinary juror, and
which he would be unable to contrast and compare with other facts,
successfully, without the aid of those more familiar with scientific
matters and the inductive process of reasoning than he is. In such
cases it is necessary that the jury should be specially enlightened
by persons who have, through training, skill and experience, acquired
the power to enlighten them. A common instance and illustration of
this matter is to be found in the case of homicide by poisoning. A
human body is found dead; externally there may be no _indicia_ to
show positively the cause of death. Under such circumstances the
laws of all civilized countries permit what is called a post-mortem
examination by skilled physicians, who, finding no external evidences
of the cause of death, are permitted by the officers of the law to
remove the internal portions of the body for special and careful
examination. If this discloses traces of inflammation or of lesions of
an abnormal character, further power is vested in the authorities to
have at the expense of the State a chemical examination of the internal
organs. If this examination, which is necessarily long and excessively
technical, results in the discovery of any poisonous substance, such
as would produce death, and if it is found in sufficient quantities to
produce death, these persons who made the post-mortem examination and
discovered the outward indications of the administration and effects
of the poison, and the chemists who discovered the poison itself in
the tissues of the body, in sufficient quantities to produce death,
are called as experts before the jury. The post-mortem examiners
explain what the appearance of the body was, as distinguished from the
appearances of the body of an individual who had died from natural
causes. The chemist describes his course of experimentation, the
various deductions which he made from his experiments, the tests which
he applied in his investigation in discovering poison, and is then
allowed to testify that the poisonous substance was found in sufficient
quantities to produce the physical appearances which the post-mortem
examiners have described, and to accomplish the death of the human
being in whose body the poison was found. It is obvious that the power
of observation and the skill, which the skilled chemists and physicians
used as the basis of their reasoning in this case, were such as an
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