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
Sometimes it has been pleaded by the prisoner that he gave the poison by
mistake. In all such cases, if he descends to particulars, which he
cannot help doing, there is every likelihood that the falsehood of the
defence will be made evident by the particulars of the story not
agreeing with other particulars of the moral or medical evidence. At
present it is only necessary to allude to inconsistencies in his story
with the medical facts. No general rules can be laid down on the method
of investigating a case with a view to evidence of this kind: I must be
satisfied with an illustration from an actual occurrence. On the trial
of Mr. Hodgson, a surgeon, at the Durham Autumn Assizes in 1824, for
attempting to poison his wife, it was clearly proved, that pills
containing corrosive sublimate, and compounded by the prisoner, were
given by him to her in place of pills of calomel and opium, which had
been ordered by her physician. But it was pleaded by him, that, being at
the time intoxicated, he had mistaken, for the shop-bottle which
contained opium, the corrosive-sublimate bottle which stood next it.
This was certainly an improbable error, considering the opium was in
powder, and the sublimate in crystals. But it was not the only one which
he alleged he had committed. Not long after his wife took ill, the
physician sent the prisoner to the shop to prepare for her a laudanum
draught, with water for the menstruum. When the prisoner returned with
it, the physician, in consequence of observing it to be muddy, was led
to taste it, before he gave it to the sick lady: and finding it had the
taste of corrosive sublimate, he preserved it, analyzed it, and
discovered that it did contain that poison. The prisoner stated in
defence, that he had a second time committed a mistake, and instead of
water had accidentally used for the menstruum a corrosive-sublimate
injection, which he had previously prepared for a sailor. This was
proved to have been impossible; for the injection contained only five
grains to the ounce, while the draught, which did not exceed one ounce,
contained fourteen grains.[129]
I believe it must be allowed, that, as the medical inquiries preparatory
to trial are commonly conducted without the inspector being made
acquainted with the moral circumstances in detail, it is rarely possible
for him to foresee what points should be attended to, with the view of
illustrating the intent. But the case now related will show that it is
impossible for him to render his inquiries too minute or comprehensive;
and more particularly, it shows the propriety of ascertaining, whenever
it is possible, not only the nature but likewise the quantity of the
poison.
5. The next article among the moral circumstances,—the simultaneous
illness of other members of the family besides the person chiefly
affected,—depends for its conclusiveness almost entirely upon the
researches and opinion of the medical witnesses.
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