Treatise on Poisons: In relation to medical jurisprudence, physiology, and the practice of physicChristison, Robert, Sir
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Treatise on Poisons: In relation to medical jurisprudence, physiology, and the practice of physic
Christison, Robert, Sir
Medical jurisprudence; Toxicology
It is not my object to treat under this head of the moral evidence
generally, which is required to establish a charge of poisoning. But as
it is well known that in criminal trials medical witnesses have for the
most part nothing to do with the moral proof, while at the same time in
cases of poisoning the medical and moral circumstances are always
intimately interwoven and apt to be confounded together, it is necessary
for me to specify those particulars of the moral evidence, which either
require some medical skill to appreciate them, or fall naturally under
the cognizance of the physician in his quality of practitioner. I shall
enter into greater details under this section than may perhaps appear to
the medical reader necessary, chiefly that I may redeem the pledge given
in the introduction to the lawyer and general reader, and endeavour to
show how powerful an instrument a medico-legal investigation may become
in skilful hands, for throwing light on almost every branch of the
evidence.
The moral or general proof in charges of poisoning is almost always
circumstantial only. The circumstances of which it usually consists
relate, 1. To suspicious conduct on the part of the prisoner before the
event, such as dabbling with poisons when he has nothing to do with them
in the way of his profession, or conversing about them, or otherwise
showing a knowledge of their properties not usual in his sphere of
life:—2. To the purchase or possession of poison recently before the
date of the alleged crime, and the procuring it in a secret manner, or
under false pretences, such as for poisoning rats when there are none on
his premises, or for purposes to which it is never applied:—3. To the
administration of poison either in food, drink, medicine, or
otherwise:—4. To the intent of the prisoner, such as the impossibility
of his having administered the poison ignorantly, or by accident, or for
beneficial purposes, alleged or not alleged:—5. To the fact of other
members of the family besides the deceased having been similarly and
simultaneously affected:—6. To suspicious conduct on the part of the
prisoner during the illness of the person poisoned,—such as directly or
indirectly preventing medical advice being obtained, or the relations of
the dying man being sent for, or showing an over-anxiety not to leave
him alone with any other person, or attempting to remove or destroy
articles of food or drink, or vomiting matter which may have contained
the poison, or expressing a foreknowledge of the probability of speedy
death:—7. To suspicious conduct after the person’s death, such as
hastening the funeral, preventing or impeding the inspection of the
body, giving a false account of the previous illness, showing an
acquaintance with the real or supposed effects of poison on the dead
body:—8. To the personal circumstances and state of mind of the
deceased, his death-bed declaration, and other particulars, especially
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