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
But scientific evidence, short of such perfection, may be amply
sufficient to lead to conviction. The fact of a poison having been found
in the body may supersede the necessity of pathological testimony: thus
_Hoffman_,[153] “_Si venenum adhuc intra ventriculum reperitur, res est
clarissima, ubi vero, illud haud deprehenditur, res adhuc dubii plena
est._” We shall hereafter find that the discovery of organic lesions,
without the chemical proof (“_experimentum crucis_[154]”) is often
vague, and seldom satisfactory, and that even when sanctioned by the
testimony of the pathologist, will frequently be deemed insufficient to
sustain an indictment, unless indeed it be collaterally supported by a
very strong chain of circumstantial evidence of a moral nature,
especially such as relates to the character, conduct, and presumed
object of the prisoner.
As the duty of the medical witness, upon such occasions, must always be
anxious, and generally perplexing, it becomes our duty at least to clear
away those adventitious difficulties with which ignorance on the one
hand, and sophistry on the other, have obstructed a path of inquiry,
which, from its very nature and direction, must necessarily be obscure
and intricate.
We shall endeavour upon this, as we have upon similar occasions, to
bring the more leading and popular points of controversy within the
scope of a few prominent questions, assigning to each a share of
attention, commensurate with our idea of its importance.
Q. 1. _Whether all, or most of the symptoms, characteristic of the
action of corrosive and narcotic poisons, may not arise from morbid
causes of spontaneous origin?_
Q. 2. _Whether organic lesions, similar to those produced by
poisoning, may not occasionally result from natural causes?_
Q. 3. _Whether the rapid progress of putrefaction, in the body
generally, or in any particular part, is to be considered as
affording any presumptive evidence, in favour of a suspicion of
poisoning?_
Q. 4. _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 considered as a negative to an accusation of poisoning?_
Q. 5. _What degree of information can be derived from administering
the contents of the stomach of a person supposed to have been
poisoned, to dogs, or other inferior animals?_
We shall now consider these questions in succession.
Q. 1. _Whether all, or most of the symptoms, characteristic of the
action of corrosive and narcotic poisons, may not arise from morbid
causes of spontaneous origin?_
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