The judge, taking into account this conflict of opinion, decided that the
matter was doubtful and the prisoners were acquitted.
In the Offences Against the Person Act of 1861 it is provided that any
attempt to administer any poison or other destructive thing to any person
whether bodily injury be effected or not is guilty of a felony.
As copper sulphate, when taken in quantity, will certainly cause bodily
injury, the case tried in 1836 at Norwich, would now probably be decided
differently, even though no bodily harm had actually been caused.
This is borne out by the trial of Cluderay, on the charge of attempted
poisoning by administering pods of _coculus indicus_.
No harm had resulted to the intended victim owing to the fact that
although the berries themselves are poisonous, the pod in which they are
contained is insoluble when swallowed, and this prevents the berries from
producing their toxic effects upon the system.
It was decided by the judge, however, that the giving of the entire pod
was an administration of poison within the meaning of the Act.
It is not an easy matter to find a suitable definition for a poison.
According to Taylor it is "a substance which, when taken into the mouth or
stomach, or when absorbed into the blood is capable of seriously
affecting health or of destroying life by its action on the tissues with
which it immediately, or after absorption, comes into contact."
As applied to criminal cases this definition is obviously open to
criticism, for it is applicable to a substance such as coffee which, when
taken in excess, will "seriously affect the health." Some reference to the
quantity is therefore needed. A drug, such as morphia, may be of benefit
when given in small doses, but becomes a poison when given in large
quantity. In the case of Cluderay, however, it could hardly be contended
that the administration of entire coculus pods, although not producing
injurious results, could in any way be beneficial.
The trial of Tawell at the Aylesbury Assizes in 1845, on the charge of
murdering Sarah Hart at Slough, presented several points of scientific
interest.
The manner in which the electric telegraph was employed in effecting his
capture has been described in another place.
At the trial Tawell denied that he had ever been to Slough at all, but the
woman who had heard the screams of the victim had seen and spoken with
him, and swore positively to his identity.
It was proved that on the day of the murder Tawell had bought some
Scheele's prussic acid in London, but he accounted for this by the fact
that he was constantly in the habit of buying the poison for external use.
In the cottage, where the woman was found lying dead when the doctor
arrived, were two empty tumblers and a bottle of porter, while a small
amount of prussic acid was found in the stomach of the woman.
Public-domain text, read in full here on John Shaqi.
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