Cook, John Parsons, -1855; Palmer, William, 1824-1856 -- Trials, litigation, etc.; Trials (Murder) -- England -- London
Mr. SERJEANT SHEE--Just so, my lord; without external injury, but
attributable to no known cause, unless in some few instances, perhaps,
where there is some injury in the interior of the body; but the meaning
of the word “idiopathic” is unquestionably what I have stated; not that
it follows they never can be traced to a cause, but that they constantly
occur in which the cause may be attributed to one thing or to another,
and in that case we say that it is idiopathic tetanus, because we cannot
with certainty say it is traumatic, that is, arising from any external
injury.
[Sidenote: Serjeant Shee]
Now, gentlemen, we have had a great deal of evidence produced by my
friends directed to show--assuming that the disease of which Mr. Cook
died was tetanus--that it must have been strychnia tetanus. It is a mere
assumption they begin with--the merest assumption in the world. I will
give you my reasons for saying so, and I think I am justified in so
saying. That the deceased died in convulsions is beyond all question, or
immediately after convulsions; that they were convulsions that had
occurred exactly or about the same hours on the previous night, and
something like those which had occurred on the night preceding,
something which he described as madness for two minutes, is beyond all
doubt. What pretence is there for saying they were tetanus at all? Mr.
Jones was examined, and I will read to you presently what the evidence
he gave was. Mr. Jones, in the copy of the depositions delivered to me,
stated that Mr. Cook died of convulsions, and in the copy of the
depositions, which he signed and read over and corrected, there was not
a word of tetanus. My learned friend interposed, and said, on looking
to the original depositions, it did appear that he had mentioned it, and
he said so because in the course of his examination he found a
half-written word, “tetinus”--he availed himself of it, not unfairly, to
suggest, that though he did not positively say it was tetanus, yet that
what he observed was something which put him in mind of tetanus. It bore
some of the characteristics of a tetanic convulsion; but, gentlemen, it
may do so, and yet not be tetanus; and I submit to you that it is bad
reasoning, and I will prove it presently. I put a question to the
witness on the subject. It is bad reasoning to say without positive
proof of the fact that it was tetanus, and it cannot be traumatic
tetanus, because it did not appear it had presented the distinct
features of traumatic tetanus, and therefore it must be tetanus by
strychnia. That is the argument. They assume it cannot be traumatic
tetanus, they have not discovered the poison, but still they say it must
be tetanus by poison!
[Sidenote: Serjeant Shee]
Public-domain text, read in full here on John Shaqi.
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