On the uncertainty of the signs of murder in the case of bastard childrenHunter, William
History
On the uncertainty of the signs of murder in the case of bastard children
Hunter, William
Illegitimacy; Infanticide
Here let us suppose a case which every body will allow to be very
possible. An unmarried woman, becoming pregnant, is striving to conceal
her shame, and laying the best scheme that she can devise, for saving
her own life, and that of the child, and at the same time concealing the
secret--but her plan is at once disconcerted, by her being unexpectedly
and suddenly taken ill by herself, and delivered of a dead child. If the
law punishes such a woman with death for not publishing her shame, does
it not require more from human nature than weak human nature can bear?
In a case so circumstanced, surely the only crime is the having been
pregnant, which the law does not mean to punish with death; and the
attempt to conceal it by fair means should not be punishable by death,
as that attempt seems to arise from a principle of virtuous shame.
Having shewn that the secreting of the child amounts at most to
suspicion only, let us return to the most important question of all,
_viz._ If in case of a concealed birth, it be clearly made out that the
child had breathed, may we infer that it was murdered? Certainly not. It
is certainly a circumstance like the last, which amounts only to
suspicion. To prove this important truth to the satisfaction of the
reader, it may be thought fit to assert the following facts, which I
know from experience to be true, and which will be confirmed by every
person who has been much employed in midwifery.
1. If a child makes but one gasp, and instantly dies, the lungs will
swim in water as readily as if it breathed longer, and had then been
strangled.
2. A child will very commonly breathe as soon as its mouth is born, or
protruded from the mother, and in that case may lose its life before its
body be born; especially when there happens to be a considerable
interval of time between what we may call the birth of the child's head,
and the protrusion of its body. And if this may happen where the best
assistance is at hand, it is still more likely to happen when there is
none; that is, where the woman is delivered by herself.
3. We frequently see children born, who from circumstances in their
constitution, or in the nature of the labour, are but barely alive; and
after breathing a minute or two, or an hour or two, die in spite of all
our attention. And why may not that misfortune happen to a woman who is
brought to bed by herself?
4. Sometimes a child is born so weak, that if it be left to itself,
after breathing or sobbing, it might probably die, yet may be roused to
life by blowing into its lungs applying warmth and volatiles, rubbing
it, &c. &c. But in the cases which we have been considering such means
of saving life are not to be expected.
Public-domain text, read in full here on John Shaqi.
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