Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
_If the body is found in the water, are there any and what reasons for
supposing that it was killed by other means, and subsequently thrown
into the water?_—This question has upon several occasions been discussed
with great eagerness; see _the Reports of the Edinburgh Colleges in the
case of Sir James Standfield_, in our _Appendix_, _p._ 225; and also
_Extracts from the medical evidence in the case of Spencer Cowper, Esq.
for the murder of Sarah Stout_, _ibid._ _p._ 230. We have already, under
the consideration of the phenomena of drowning, _p._ 35, endeavoured to
appreciate the true value of the several indications which have been
received as physiological evidence upon this subject, such as the
presence of water[20] in the stomach and lungs, the buoyancy of the
body, &c. We have therefore only to observe in this place, that upon
such occasions there will generally exist collateral circumstances to
fortify our judgment; where, for instance, mud, or sand, are found under
the nails, or any grass or weeds are discovered in the grasp of the
deceased, the inference will be strong that the person died under water;
on the contrary, if we discover mortal wounds, or any marks of violence
inflicted upon the body, by weapons, we may very justly suspect that the
deceased was murdered, and subsequently thrown into the water. But in
conducting this enquiry we must be aware of the fallacies to which it is
exposed; a person may in the act of drowning accidentally receive
bruises and lacerations, or he may have been driven against rocks and
stakes by the force of the current. The following case, related by _Dr.
Gordon Smith_, offers a very good illustration of this point. “A few
years ago, a man who had leaped from each of the three bridges into the
Thames with impunity, undertook to repeat the exploit for a wager.
Having jumped from London bridge he sunk and was drowned. When the body
was found, it appeared that both his arms were dislocated, in
consequence of having descended with them in the horizontal, instead of
the perpendicular position.” If we arrive at the conclusion that the
body was drowned, we have next to inquire whether the event was
accidental or malicious? and whether the act was perpetrated by the
deceased or others? The solution of these problems is to be generally
effected by the examination of what may be called the external
circumstances of the case; the locality of the water may be such as to
account for the deceased having accidentally fallen into it, or its
situation may at once preclude the possibility of such an event. The
suspicion of the person having been violently thrown into the water by
the hands of the assassin, will be fortified by the discovery of
footsteps on the brink, and by the indications of resistance on the part
of the deceased, as manifested by the appearance of bruises on the arms
and other members of the body. In the case of _Mr. Taylor_ who was
Public-domain text, read in full here on John Shaqi.
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