Mrs. Maybrick's Own Story: My Fifteen Lost YearsMaybrick, Florence Elizabeth
History
Mrs. Maybrick's Own Story: My Fifteen Lost Years
Maybrick, Florence Elizabeth
Maybrick, Florence Elizabeth, 1862-1941; Trials (Murder) -- England; Women prisoners -- England
Now, assuming for a moment that this issue as to the cause of death
rested entirely upon the uncontradicted testimony of these three
doctors called for the prosecution, Humphreys, Carter, and Barron, the
jury would not have been justified in coming to the conclusion that
there was _no reasonable doubt_ that arsenic poisoning was the cause
of death. The doctors themselves had admitted that they were unable to
arrive at that conclusion, apart from the evidence that arsenic was
found in the body. _The idea of arsenical poisoning never occurred to
them from the symptoms, until the use of arsenic was first suggested._
_The doctors could not say that_ death resulted from arsenic poisoning,
_and yet the jury have actually found that it did_, in the face of the
opinions of three eminent medical experts, who say it did not.
Even if these doctors had never been called at all for the defense, the
jury were yet not justified in taking the evidence of Drs. Humphreys,
Carter, and Barron, in the terms which they themselves never intended
to pledge themselves to, namely, to exclude _a reasonable doubt_ that
death was due to arsenic.
Let us consider the position of the medical men called for the defense:
Drs. Tidy, Macnamara, and Paul _are the highest authorities on medical
and chemical jurisprudence in Great Britain_. No sort of hesitation or
doubt attached to the opinions of any of them, and their experience of
post-mortem examinations was referred to, as including in the practise
of Dr. Tidy, the Crown analyst, some forty cases of arsenic poisoning
alone. Dr. Macnamara indorsed the opinion of Dr. Tidy. In addition to
that, there was on the same side the evidence of Dr. Paul, professor of
medical jurisprudence and toxicology at University College, Liverpool,
with an experience of three or four thousand post-mortem examinations.
It is impossible to conjecture _by what process of reasoning_ the jury
could have come to the conclusion, upon the evidence before them, that
it _was beyond a reasonable doubt that Mr. Maybrick_ had met his death
by arsenical poisoning.
_This volume of evidence before the jury pointed not only to a doubt as
to the cause of death, but to a reasonable_ conclusion that it was _not
due to arsenical poisoning. It is inconceivable that the jury should
have_ found as they did, _except under the mandatory direction of the
judge, which left them apparently no alternative but to substitute
his opinions and judgment for_ their own, so that on that _issue the
finding was not so much the finding of the jury, to which the prisoner
was by law entitled, but the finding of_ the judge, _of whom the jury,
abrogating their own functions, became the mere mouthpieces_.
THE ADMINISTRATION OF ARSENIC
Public-domain text, read in full here on John Shaqi.
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