Treatise on Poisons: In relation to medical jurisprudence, physiology, and the practice of physicChristison, Robert, Sir
Science
Treatise on Poisons: In relation to medical jurisprudence, physiology, and the practice of physic
Christison, Robert, Sir
Medical jurisprudence; Toxicology
afterwards, and it was fully proved that he had been asleep before his
illness suddenly began,—it followed that the acid must have been
administered after he fell asleep, the accomplishment of which was
rendered easy by a practice he had of sleeping on his back with his
mouth wide open. But, after he gave the alarm, the door was found barred
as when he went to bed. Consequently no one could have administered the
poison except his wife or servant; and it was satisfactorily proved,
that no suspicion could attach to the latter. Such was one of the
principal train of circumstances, which, as it were by a process of
elimination, led to the inference that the wife was undoubtedly the
person who administered the poison. Other circumstances of a similar
tendency were also derived from the medical evidence; but these it is
unnecessary to detail at present. I have related the particulars of the
whole case fully elsewhere.[128] The prisoner strenuously denied her
guilt after being sentenced, but confessed before her execution.
4. The next article in the moral evidence relates to the intent of the
person who is proved to have administered poison. When the
administration is proved, little evidence is in general required to
establish the intent. It is sufficient that the giver knew the substance
administered was of a deadly nature; and in regard to any of the common
poisons this knowledge is sufficiently constituted by his simply knowing
its name.
In some cases, however, the exact nature of the poison is not
established with certainty; and then something else may be required to
prove the prisoner’s knowledge, and through that knowledge his intent.
In the case of Charles Munn, formerly alluded to [p. 50], arsenic was
the poison presumed to have been taken by the deceased. But the purchase
or possession of it by the prisoner was not for some time satisfactorily
established; neither was there any chemical evidence, the deceased
having lived forty days and upwards after taking the poison. It was
proved, however, that whatever it was which had been administered, the
prisoner knew very well that what he gave was deleterious; because he
persuaded the deceased, who was pregnant by him, to take it by assigning
to it properties which no drug either possesses, or is so much as
thought by the vulgar to possess. On one occasion he persuaded her that
it would show whether she was with child, and on another that it would
prevent people from knowing she was with child. In such cases, then,
good evidence may be derived from the arguments used by the giver to
persuade his victim to take the poison; and sometimes, as in the
instance now mentioned, it will lie with the medical witness to inform
the court whether or not the reasons assigned are false.
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