GENERAL REMARKS

ON THE MEDICAL EVIDENCE REQUIRED TO SUBSTANTIATE AN ACCUSATION OF

POISONING.

Although the phenomena by which we are enabled to discover the

administration of poison, will be fully enumerated, and carefully

examined, under the history of each particular substance, and will

necessarily vary according to the chemical properties, and physiological

action of each individual poison; yet there are some general points of

evidence, and several questions of importance, upon which it is very

essential to arrive at some definite conclusion, some fixed

understanding, before we proceed to the consideration of the particular

details, and subordinate ramifications, of this complicated subject.

The great constituents which form the medical proof of poisoning, are

derived from Chemical, Anatomical, and Pathological researches; viz.—the

existence of poison in the stomach or intestines; the morbid

appearances, corresponding to such poison, upon dissection; and the

characteristic symptoms which accompanied the action of it, previous to

death. Where these circumstances occur in combination, the demonstration

may be said to be complete, for we have arrived at absolute certainty.

But scientific evidence, short of such perfection, may be amply

sufficient to lead to conviction. The fact of a poison having been found

in the body may supersede the necessity of pathological testimony: thus

_Hoffman_,[153] “_Si venenum adhuc intra ventriculum reperitur, res est

clarissima, ubi vero, illud haud deprehenditur, res adhuc dubii plena

est._” We shall hereafter find that the discovery of organic lesions,

without the chemical proof (“_experimentum crucis_[154]”) is often

vague, and seldom satisfactory, and that even when sanctioned by the

testimony of the pathologist, will frequently be deemed insufficient to

sustain an indictment, unless indeed it be collaterally supported by a

very strong chain of circumstantial evidence of a moral nature,

especially such as relates to the character, conduct, and presumed

object of the prisoner.

As the duty of the medical witness, upon such occasions, must always be

anxious, and generally perplexing, it becomes our duty at least to clear

away those adventitious difficulties with which ignorance on the one

hand, and sophistry on the other, have obstructed a path of inquiry,

which, from its very nature and direction, must necessarily be obscure

and intricate.

We shall endeavour upon this, as we have upon similar occasions, to

bring the more leading and popular points of controversy within the

scope of a few prominent questions, assigning to each a share of

attention, commensurate with our idea of its importance.

Q. 1. _Whether all, or most of the symptoms, characteristic of the

action of corrosive and narcotic poisons, may not arise from morbid

causes of spontaneous origin?_

Q. 2. _Whether organic lesions, similar to those produced by

poisoning, may not occasionally result from natural causes?_

Q. 3. _Whether the rapid progress of putrefaction, in the body

generally, or in any particular part, is to be considered as

affording any presumptive evidence, in favour of a suspicion of

poisoning?_

Q. 4. _How far the absence of poison, or the inability of the chemist

to detect it, in the body, or in the fluids ejected from it, is to

be considered as a negative to an accusation of poisoning?_

Q. 5. _What degree of information can be derived from administering

the contents of the stomach of a person supposed to have been

poisoned, to dogs, or other inferior animals?_

We shall now consider these questions in succession.

Q. 1. _Whether all, or most of the symptoms, characteristic of the

action of corrosive and narcotic poisons, may not arise from morbid

causes of spontaneous origin?_

It must be admitted that the symptoms produced by violent irritation in

the primæ viæ, are not characterised by a diversity, corresponding with

that of the causes which may excite it; thus it is, that we have a

disease to which the term “_cholera_” has been assigned, and which is

indicated by the following symptoms, “_Humoris biliosi vomitus, ejusdem

simul dejectio frequens; anxietas; tormina; surarum spasmata_,” (Cullen

Syn: LX. 1.) symptoms which supervene, and with nearly the same force,

the spontaneous effusion of acrid bile into the intestines, and the

ingestion of some acrid poison; and hence the nosologist has very

properly divided _cholera_ into two species, viz.

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