Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
The fact of accelerated, or retarded putrefaction, therefore, cannot be
received with any confidence as a collateral indication of poisoning.
_Dr. Carson_, however, in the trial of _Charles Angus_, adduced the
circumstance of its absence, as a negative proof that the deceased had
not been poisoned; and in the celebrated Scotch trial of _Patrick
Ogilvy_, and _Catharine Nairne_,[197] the same fact was forcibly urged
in their defence.
_Gaspard à Reies_,[198] and other writers, have maintained that the
discovery of _living_ worms in the intestines of a person, suspected to
have died from poison, ought to be received as a direct refutation of
the charge. We are, however, not disposed to concur in such an opinion.
With respect to the value of the indication supposed to be afforded by
the circumstance of froth issuing from the mouth of the corpse, soon
after death, _Mr. Hunter_ has given a very satisfactory opinion, and to
which we must refer the reader, see _Appendix_, p. 273.
Q. IV. _How far the absence of poison, or the inability of the chemist
to detect it, in the body, or in the fluids ejected from it, is to be
received as a negative to an accusation of poisoning?_
We have already stated, that of all the proofs which can be adduced by
the physician, in support of a charge of murder by poison, no one can be
put in competition with that which arises from the discovery of the
poisonous substance itself, in the stomach, or in the contents of the
matter ejected by vomiting or purging. The law expects, therefore, that
the professional witness should be prepared to state, that every
experiment, calculated to detect the presence of poison, has been
scrupulously and faithfully performed; and we may take this occasion to
observe, that the circumstance of advanced putrefaction can rarely, in
the present state of our chemical knowledge, be admitted as a
satisfactory plea for not having proceeded to an anatomical inspection,
as preliminary to chemical inquiry; and, as to the danger of such
dissections, _Dr. Gordon Smith_ has very truly observed, “that much is
placed to this account which belongs merely to disgust.” Had an
examination of the body taken place in the case of _Ogilvy_ and
_Nairne_, how many doubts would have been cleared away; indeed, this
omission afforded the prisoners a strong ground of defence; they
complained that the informer had intentionally prevented the dissection
of the body, being conscious that the suspicions he had raised, and the
project he had formed for their ruin, would, by such a measure, have
been totally removed and defeated. To this it was answered, that when
the informer (a younger brother of the deceased) arrived, he did insist
on the body being opened and examined, as soon as a physician of
eminence could be present, which the prisoners did not then oppose; but
that when the physician arrived on the ensuing day, he declared the body
to be in such a putrid state, that no certain conclusions could be drawn
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