Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
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Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
A very remarkable case, in illustration of the subject under discussion,
is related by _Burnett_, in his _Treatise on the Criminal Law of
Scotland_. “It occurred at Aberdeen in September 1804. The girl had
become pregnant in circumstances peculiarly disastrous; actuated by the
strongest impulse of shame and remorse, she concealed her situation from
every one, and ascribed her appearance to cold she had caught. On the
day of her delivery she had been to market, and in returning home
accidentally slipt her foot, and fell into a mill-pond, where she would
have been drowned had she not obtained immediate assistance. She was
carried all wet into an adjoining malt-kiln, where there was a large
fire, and left under the charge of another woman. The latter having gone
out for a very short time, leaving the girl sitting by the fire, found
on her return that she had been delivered of a child. The infant was in
life, and lying at the extremity of the ashes near the fire. The girl
said that her pains came on unexpectedly while sitting by the fire, and
that she became insensible and could give no assistance to her child. No
violence appeared on the body of the child, but it appeared to have been
scorched by the fire, which occasioned its death a few hours thereafter.
The prosecutor consented to a petition for banishment.”
The next circumstance which deserves notice under the consideration of
the causes of death, by _omission_, is that of _neglecting to divide the
navel-string, and to apply a ligature to the infantine portion of
it_.—With regard to the value of the presumptive proof of criminal
intention which such neglect may offer, there are several very weighty
objections, and which have been enumerated by _Dr. Hutchinson_, in the
following order. 1. The infant may perish during its birth from
hemorrhage from the placenta, or rupture of the navel string, and the
mother may, or may not, have divided the latter. 2. The child may have
lived after its birth, and the mother may have torn or cut asunder the
navel-string, and finding no hemorrhage ensue she has not been led to
put a ligature on the infantine portion, and afterwards hemorrhage has
taken place from it, from which the infant has died. 3. The mother may
discover the hemorrhage in the last mentioned case, and may apply a
ligature to the navel string, but too late to preserve the infant’s
life. 4. The blood of the mother may be artfully placed about the child,
and the navel string left untied; and the mother may wish to have it
appear that the infant perished from hemorrhage occurring unknown to
her, and that she was not aware of the necessity of tying the
navel-string, even though it be found that she had _cut_ it, not _torn
it asunder_ with her hands. In the first three cases we shall find, on
dissection, evidence of extensive hemorrhage, as indicated by the
emptiness of the heart and blood-vessels, paleness of the viscera, &c.
In the last case, the proper fulness of the arterial and venous systems
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