C. _Accidentalis_, “A rebus acribus ingestis.”

The problem therefore for solution, is the mode of distinguishing the

two species from each other. Although the leading characters are, as we

have said, the same in both, such as bilious vomiting, and purging,

violent tormina of the bowels, cold sweats, cramps, faintings, and

death, yet by a careful and circumstantial examination of the case, the

intelligent practitioner will generally be enabled to arrive at a

probable conjecture; the season of the year[155], the prevailing

epidemics, the age[156] and constitutional predisposition of the

patient, his habit with respect to diet, are circumstances which will

greatly assist the diagnosis. The progress of cholera morbus is also

rarely, or never, fatal in this climate, especially in so short a period

as that in which death occurs from the operation of a violent, corrosive

poison.[157] There are besides in this latter case, very frequently

other symptoms which do not attend _cholera spontanea_,[158] such as

sanguineous vomiting, extreme burnings in the æsophagus and region of

the stomach, swollen countenance, great dryness and tumefaction of the

fauces, peculiar fætor of the breath, ischuria, with discharges of

bloody urine, and ulcerations about the fundament[159]; this latter

symptom was particularly remarkable in the case of _Mr. Blandy_, whose

history, as related by his physician, _Dr. Addington_, will be found in

our _Appendix_, _p._ 236, and well deserves the attentive consideration

of the medical jurist. The matter voided will also sometimes lead to a

just diagnosis; in the true cholera _spontanea_ there is a discharge of

almost pure bile by vomiting and stool, simultaneously or alternately;

now, although the same vomiting and purging may arise from the action of

a poison, yet it does not follow that the matter discharged is bilious.

The evidence delivered on the extraordinary trial of _Donnall_, for the

wilful murder of his mother-in-law, _Mrs. Elizabeth Downing_, has been

also printed in the _Appendix_, as well illustrating those doubts with

which the present question is naturally encompassed. An opinion has

existed that the appearance of jaundice during, or after the severe

symptoms of _cholera_, offers a satisfactory proof of its spontaneous

origin. Upon this point we would observe, that by violent and protracted

retching a person may sometimes become jaundiced, a circumstance not

unlikely to occur in cases of poisoning. The stomach, diaphragm, and

abdominal muscles are, under such repeated efforts, very apt to be

rendered eminently irritable, so that at each effort of the former to

discharge its contents, the latter will frequently be simultaneously

thrown into strong spasmodic contractions, and the liver, together with

the gall-bladder, will be suddenly caught, and, as it were, tightly

squeezed in a powerful press, in consequence of which the bile will

regurgitate, and be carried into the _venæ cavæ_; for _Haller_ has shewn

with what facility a subtle injection, when thrown into the hepatic

duct, will escape by the hepatic veins; upon which _Dr. Saunders_ has

made the following remark, “I know this to be a fact, for I have

ascertained by experiment, that water, injected in the same direction,

will return by the veins in a full stream, although very little force is

used.”

The fact of the bile becoming, under certain circumstances, highly acrid

and deleterious, has been seized by the humoral pathologist as a

powerful argument in support of his doctrines. Amongst the more

distinguished authors who have fully treated this subject, and

maintained that our secretions may thus become acrid poisons, we have

_Galen_[160], _Aretæus_[161], _Fernelius_[162], _Morgagni_[163],

_Hebenstreit_[164], _Hilchen_[165], _Hoffman_[166], _Baumer_[167],

_Belloc_[168], _Alibert_[169], _Foderé_[170], _Mahon_[171], _De la

Mettrie_[172], and _Tronchin_[173]. Some of the authors above enumerated

have expressed their opinions in the strongest terms; thus _Morgagni_

(loco citato) “_Facile agnosco a prava ipsa corporis dispositione

internum aliquando posse venenum gigni_;” and _Hebenstreit_ observes,

“_Possunt omnino in corpore venena nasci, atque ipsi humores vitales vim

vasa sua destruendi sæpe acquirunt._[174]” _Hilchen_, after attempting

to establish a diagnosis between the effects of poison, and those

arising from a morbid degeneracy of the fluids, exclaims, apparently in

despair, “_Inquilinos corruptosque humani corporis humores, eum

acrimoniæ gradum, eamque corrodendi vim acquirere posse, quæ eosdem edat

effectus, quos venena corrosiva sistunt, eamdem sordium vomitu

rejectarum putrilaginem, fætorem, haud dissimilem, et acerrimam, et

pelves arrodentem acrimoniam certum est._” And _Plouquet_, after

describing all the phenomena of poisoning, concludes by acknowledging

“_Probe autem notandum hæc omnia etiam ex aliis statibus morbosis nasci

posse._” _De la Mettrie_ also has observed upon this question, “_Il est

prouvé que la bile se peut changer dans nos corps en espece d’Arsenic!_”

Our own countryman, _Dr. Currie_[175], has furnished the public with an

opinion upon the subject under discussion, and he states his belief

that, under a peculiar state of irritation, the biliary organs may

secrete a bile of so very acrid a nature as to excite an almost

immediately fatal impression upon the alimentary canal, especially when

suddenly effused, and in a highly concentrated form.

We have deemed it right to adduce these various authorities, in relation

to the important question before us, still, however, reserving our

opinion, that the physician will on such occasions, by means of the

subsidiary sources of discrimination above enumerated, generally be

enabled to form a diagnosis[176] which, although it may not amount to

certainty, must be considered as capable of increasing the weight of the

general mass of circumstantial evidence.

As the medical treatment to be adopted in cases of acute disease, or

poisoning, can hardly be considered a subject of Medical Jurisprudence,

we should have passed it over in silence, did not the evidence delivered

upon the trial of Donnall imperiously call upon us for some

animadversion; and we feel it our painful duty upon this occasion to

observe, that the whole tenor of the medical defence displayed a very

unbecoming contest; the witnesses conducted themselves like advocates,

raising doubts, and defending their positions with a pertinacity that

belongs to those who seek triumph rather than truth.

In the cure of cholera the experience of the physicians of all ages

wholly concurs. In the commencement of the disease the evacuation of the

redundant bile is to be favoured by the plentiful exhibition of mild

diluents, and after the redundant bile has been thus eliminated, or when

the spasmodic affections of the alimentary canal become dangerously

violent, opiates, in sufficiently large doses, but in small bulk, may be

administered. To employ evacuants, as _Sydenham_ quaintly observes, “is

to increase the disturbance, and as it were, to endeavour to quench fire

by oil; and on the other hand, to commence with opiates is shutting up

the enemy in the bowels.” Under such authority, we presume, one of the

witnesses in the defence of Donnall, felt justified in condemning the

practice of the respectable physician who attended the deceased

(_Appendix, p._ 304); but we here see a witness assuming as a fact, what

was never proved in evidence, and then deducing conclusions from it.

_Dr. Edwards_ informed the court that “there were no symptoms of cholera

morbus when _he_ saw Mrs. Downing; but from what _he_ heard of her

complaint, he imagined that there was something offensive either in the

stomach or bowels, which ought to be evacuated.” (_Ibid. p._ 286.)

Nor are the symptoms produced by the operation of narcotic poisons so

distinct as to escape the possibility of being confounded with those of

spontaneous disease. They may, for instance, simulate those of apoplexy,

or epilepsy; but the history of the case, the odour of the breath, and

the subsequent examination of the body after death, will generally clear

up the difficulties which may at first present themselves. But we shall

have occasion to consider this subject hereafter; the difficulties of

the case are well illustrated by the evidence on the trial of

_Donellan_, for the murder of _Sir Theodosius Boughton_, with laurel

water, for which see _Appendix, p._ 243.

Before we quit the subject which involves the consideration of our

fluids degenerating, under particular circumstances, into poisons, we

may just notice the opinion of some foreign chemists, that in certain

diseases the _Prussic acid_[177] is generated in some of the fluids of

the animal body. We are not inclined to accede to this proposition,

because during life we do not think the chemical decompositions, known

to be necessary for the production of this substance, can ever take

place. At all events, it must be preceded by a state of the system which

would necessarily prevent the chance of any medico-judicial fallacy.

Q. II. _Whether organic lesions, similar to those produced by poisoning,

may not occasionally result from natural causes?_

In entertaining this question, we are prepared to meet with numerous

alleged difficulties; but as many of them appear to have arisen, rather

from the ignorance or carelessness of the operator, than from the

natural obscurity of the subject itself, we are inclined to hope that by

getting rid of the former source of fallacy, we shall be enabled to

examine with some satisfaction and advantage, those which, in a greater

or less degree, will be liable to baffle the researches of the more

experienced anatomist.

Such are the changes which an animal body undergoes after death, that

unless the anatomist be intimately acquainted with their nature and

extent, it is impossible that he should be able to derive any safe

conclusions from his dissection; thus, said _Mr. John Hunter_, we may

see appearances which are natural, and may suppose them to have arisen

from disease; we may see diseased parts, and suppose them to be in a

natural state, and we may suppose a circumstance to have existed before

death, which was, in reality, a consequence of it; or we may imagine it

to be a natural change after death, when it was truly a disease of the

living body. It is not difficult, therefore, to perceive, how a person

in such a state of ignorance must blunder, when he attempts to connect

the appearances in the dead body, with the symptoms that were observed

during life; and indeed it may be safely asserted, that the great

utility of anatomical inspections depends upon the accuracy, judgment,

and sagacity with which such comparisons are made. In our chapter, on

the art of conducting dissections, we have endeavoured to point out each

fallacy which is likely to present itself to the inexperienced

anatomist, we shall therefore confine ourselves, on the present

occasion, to the consideration of those points whose obscurity must be

admitted to belong intrinsically to the subject, and to be wholly

independent of the ignorance or skill of the dissector.

Amongst the signs of the action of poison on the human body, disclosed

by the light of dissection, the separation of the villous coat of the

stomach has been generally considered the most certain criterion.

_Hebenstreit_, whose opinion has been adopted by _Mahon_, and many other

forensic physicians, has delivered his unreserved judgment upon the

question, in the following emphatic sentence. “_Præterea sola atque

infallibilis deglutiti veneni nota est, separata et veluti decorticata

simulque cruenta interna ventriculi tunica: nam separatio ista supponit

applicatam superficiei internæ ventriculi materiam fervidam, igni

similem, quæ tunicam istam a substrata solvit vasculari nervea._”[178]

In opposition to such an opinion, it is our duty to state that several

cases stand recorded[179] in which the detachment of the villous coat of

the stomach and intestines has taken place, without the slightest ground

to suspect the administration of poison, while many vegetable poisons

destroy life without occasioning any inflammation in the _primæ viæ_,

and consequently leave no traces of disorganization. But there still

remains another source of fallacy connected with the present question

which demands a full and impartial inquiry, viz. that the gastric juice,

by its action upon the dead stomach, can occasion such changes in

structure, as may be mistaken for the effects of a corrosive poison;

these changes are according to circumstances liable to vary in every

possible degree of intensity, from the slight erosion of the interior

villous coat of the stomach, as displayed by the smooth, thin, and more

transparent condition of that viscus, to the destruction of all its

membranes, and the production of large perforations in its great

extremity. This phenomenon, the nature of which was first explained by

_Mr. John Hunter_[180], depends upon the gastric juice, which the

stomach secreted during life, becoming its solvent after death. Amongst

the endless proofs which the history of the animal economy affords of

that universal law by which chemical and vital forces are wisely

preserved in a state of perpetual hostility, there is no illustration

more striking and satisfactory, than that which is furnished by the

phenomenon in question. If animals, or parts of animals, while possessed

of the living principle, be taken into the stomach, they are not in the

least affected by the solvent powers of its juices; thence it is that we

so constantly find animals of various kinds living in the stomach, or

even being hatched and bred there; but no sooner do these animals lose

the living principle, than they become subject to the digestive powers

of the stomach, and are accordingly dissolved, and assimilated. If it

were possible, says _Mr. Hunter_, for a man’s hand to be introduced into

the stomach of a living animal, and kept there for some considerable

time, it would be found that the dissolvent powers of the stomach could

produce no impression upon it; but if the same hand were separated from

the body, and introduced into the same stomach, we should then find that

this organ would immediately act upon it. _Spallanzani_, with a patience

that almost wearies his readers, made many attempts at dissolving the

stomach by its own juice, but succeeded satisfactorily in none; he

proved, however, two important facts, _first_, that the process of

digestion, or more correctly speaking, of solution, continues after

death; and _secondly_, that the stomach itself is digestible. The truth

of the first he demonstrated by introducing food into the stomach, after

he had killed his animal; and that of the second, by giving the stomach

of one dog to be devoured by another. The fact then is clearly

established, that the stomach, after death, may be dissolved by its own

juice[181]; and this may exist in its cavity, or be retained in the

vessels which had secreted it. It remains for us then to examine the

circumstances under which it is likely to occur, and the appearance by

which it may be distinguished; and we may here be allowed to observe

with an ingenious writer,[182] that were these points merely of a

speculative nature, or were their decision a matter of mere curiosity,

it would be idle to consume so much valuable time in their discussion;

but when we remember that they are questions upon which the medical

practitioner may be called upon to deliver a solemn opinion, in order to

determine the fate of a criminal, they undoubtedly demand the highest

attention of those who profess to aid the administration of Justice, by

the lights of science. We have, therefore, first to inquire into _the

circumstances under which this natural erosion of the stomach is known

to take place_. _Mr. John Hunter_[183] details the history of three

examples, in which the stomach was considerably perforated. Two of the

men had died shortly after having their skulls fractured, and the third

was a man who had been hanged, so that in each of these cases the person

had been deprived of life by violence; whence _Dr. Adams_[184] inferred,

that _Mr. Hunter_ limited the action of the gastric juice on the stomach

to such as died from violent and sudden causes; and many physiologists

have, accordingly, supposed that solution of the coats of the stomach

never takes place, except where the person has died suddenly; this,

however, is an inference, as _Mr. Burns_[185] has very justly observed,

“by no means warranted by the general tenour of _Mr. Hunter’s_ essay,”

indeed he expressly states, that “there are few dead bodies in which the

stomach is not, _at its great end_, in some degree digested;” “and any

one,” continues _Mr. Hunter_, “who is acquainted with the art of

dissection, can easily trace the gradations from the smallest to the

greatest.” The consideration of the vast importance of this fact, and

frequent opportunities of investigating the subject, induced _Mr. Burns_

to collect the observations which he had made during the dissection of

those bodies in which he found the stomach digested; and these

observations, he informs us, have led him to conclude, that the

phenomenon in question is neither so rare in its occurrence as some have

imagined, nor confined to such subjects as had been, previous to death,

in a healthy condition; they have also convinced him, that other parts

of the stomach, besides the large end, may be occasionally acted on by

the gastric juice. “That the digestion of the coats of the stomach after

death is not a very rare occurrence, I think myself authorised to infer,

from my having examined nine bodies in which the solution had proceeded

to such an extent as to have made holes of considerable size through

that viscus; and, besides these nine instances in which the digestion of

part of the stomach was complete, I have had occasion to see, in opening

this viscus, various degrees of dissolution of its villous coat.”[186]

In three of the instances alluded to by _Mr. Burns_, the patients had

been worn out by debilitating diseases; and they were emaciated and

anasarcous. That the solution of the coats of the stomach in these cases

was properly attributed to the gastric juice is very satisfactorily

shewn by the relation of the following instructive dissection. “I had

occasion,” says _Mr. Burns_, “two days after death, to open the body of

a very emaciated and anasarcous young girl, who had died from scrofulous

enlargement of the mesenteric glands. On raising the coverings of the

abdomen, the stomach, which was empty, presented itself to view, _with

its front dissolved_.[187] The aperture was of an oblong shape, about

two inches in its long diameter, and an inch in its short, with tender,

flocculent, and pulpy edges. This I demonstrated to the pupils attending

my class; and I especially called their attention to the fact, that the

liver, which was in contact with the hole, had no impression made on it.

Having proceeded thus far, I placed all the parts as they had been,

stitched up the abdomen, and laid the body aside in a cold situation for

two days. Then I opened it again, in presence of the same gentlemen, and

we found that, now, _the liver, where it lay over the dissolved part of

the stomach, was pulpy; its peritoneal coat was completely dissolved,

and its substance was tender to a considerable depth_. At this time the

other parts of the liver were equally solid as before, and as yet every

part of the subject was free from putrefaction; _the posterior face of

the stomach, opposite to the hole, was dissolved, all except the

peritoneal coat, at least the internal coats were rendered pulpy and

glutinous; the peritoneal covering had become spongy and more

transparent than it ought to have been_.” These facts, in addition to

the many other important conclusions to which they will give rise,

admonish us, that in judicial investigations into the cause of

dissolution of the coats of the stomach, _the appearances will vary,

according to the period after death at which the body is examined_. But

the most satisfactory case which has been reported, in proof that the

_post mortem_ solution of the stomach may occur after a lingering

disease, is that just published by _Dr. Haviland_,[188] where the

patient died of fever after an illness of 22 days; when upon opening the

body about 12 hours after death, the following appearances were noticed:

“On raising the stomach and examining the little omentum, we were

surprised by the appearance of a dark-coloured fluid, which seemed to

escape from the former viscus. A most careful search was now made, and a

large opening was perceived in the stomach on the upper and back part,

near the cardia. The stomach was then detached, with a portion of the

œsophagus and duodenum, when a large perforation of the diaphragm came

into view, in the muscular part, corresponding precisely to, and

communicating with, the hole in the stomach; so that a portion of the

contents of the latter organ had escaped into the cavity of the chest.

This part of the diaphragm was next removed. A careful examination of

the other abdominal and thoracic viscera did not lead to the detection

of the slightest diseased appearance. There was no where the smallest

evidence of previous inflammation, no adhesions or ulcerations of any

part of the viscera. The fluid which had escaped appeared to be nothing

more than the contents of the stomach, of which the wine and water[189]

formed a part, and probably gave it its dark colour. The stomach, on

being examined after its removal from the body, afforded the following

observations. The mucous membrane appeared to be more red and vascular

than usual throughout its whole extent, and, here and there, were small

spots of what seemed to be extravasated blood, lying below the mucous

coat—for these spots were not to be washed off, nor to be removed by the

edge of the scalpel. There were two holes in the stomach, the larger

very near to the cardiac end of the small curvature, and on the

posterior surface: this was more than an inch in length, and about half

that breadth; the other not far from the former, also on the posterior

surface, about the size of a sixpence. The edges of these holes were

smooth, well defined, and slightly elevated. The coats of the stomach

were thin in many other spots, and in one in particular nothing was left

but the peritoneum, the mucous and muscular coats being entirely

destroyed. The hole in the diaphragm was through the muscular portion,

where it is of considerable thickness, and was large enough to admit the

end of the finger. There was no appearance of ulceration or of pus

adhering to the edges of this perforation of the diaphragm.” We have

extracted a full account of this dissection, as the case is in itself

truly interesting. The symptoms of the patient had been carefully

watched, and no pain, or uneasiness was ever heard of, throughout the

whole course of the disease, except in the head.

The powers of the stomach, as it would appear from the report, had

suddenly revived at about twelve hours before his death, for “he asked

for food, and swallowed a few spoonsfull of calves’-foot jelly with

apparent relish.” May we not then conclude by observing, that the facts

above related very satisfactorily corroborate the truth of the corollary

deduced by _Mr. Burns_, “that the digestion of the coats of the stomach

may take place under two very different conditions of the body; that

although such solution is most frequent in those who have been suddenly

deprived of life, when in full health, that it is not confined to those

alone, but does, under certain circumstances, occur in those who have

died from lingering diseases.”

Having then shewn under what circumstances the phenomenon in question

may take place, we shall now proceed to describe more minutely the

appearances which it may assume, and _first, with respect to the part of

the stomach, more usually acted upon by the gastric solvent_. _Mr.

Hunter_ thought, that digestion of the stomach after death was

occasioned by that portion of the gastric juice _contained in the

cavity_ of the stomach; consequently it followed, as a fair inference

from this doctrine, that the coats of this viscus will only be acted on

at that part on which the contents of the stomach rested. In _Mr.

Hunter’s_ cases, the great end of the stomach, which in the supine

position of the body is the most depending part of this viscus, was

found to be chiefly affected; a fact which tended to corroborate and

support his opinion, and to render his conjecture extremely probable.

Other anatomists, however, have discovered instances of solution of

other parts of the stomach than the great end, indeed we have already

described such an instance in the case of the emaciated and anasarcous

girl examined by _Mr. Burns_, where the situation of the aperture was

different from what it had been in any of _Mr. Hunter’s_ cases. It was

seated _on the fore-part_ of the stomach, about an inch distant from the

pylorus, and mid-way between the smaller and greater curvatures of this

viscus; at a part of the stomach with which the gastric juice _could not

have come into contact_, as the body had constantly been in the supine

posture. “If then,” asks _Mr. Burns_, “the stomach was not acted on by

the fluid contained in its cavity, how came it to be dissolved?” To us

we confess his solution of the problem appears sensible and

satisfactory. “We cannot, with propriety, ascribe the digestion of the

stomach, in every case, to the gastric juice which has been _poured into

the cavity_ of that viscus; we are more properly in some instances to

refer it to the action of the fluid _retained in the vessels_ which had

secreted it.” If this be admitted as a correct explanation of the fact,

we shall cease to have any difficulty in accounting for the dissolution

of other parts of this viscus besides the large end. We shall learn that

the part acted on must vary, according to the place of the stomach where

the gastric juice is retained in the apparatus which secreted it, and

thus we shall be enabled to explain some cases, which, at present, seem

to be in opposition to the observation of _Mr. Hunter_.

With respect to the appearances, which such erosions assume, some

difference of opinion has also unfortunately existed. _Mr. Hunter_ has

asserted that “there are very few dead bodies, in which the stomach is

not, _at its great end_, in some degree digested; and the anatomist,”

says he, “who is acquainted with dissections can easily trace the

gradations from the smallest to the greatest. To be sensible of this

effect, nothing more is necessary than to compare the inner surface of

the great end of the stomach, with any other part of the inner surface;

what is sound will appear soft, spongy, and granulated, and without

distinct blood-vessels, opaque, and thick, while the other will appear

smooth, thin, and more transparent, and the vessels will be seen

ramifying in its surface; and upon squeezing the blood which they

contain, from the larger to the smaller branches, it will be found to

pass out at the digested ends of the vessels, and appear like drops on

the inner surface.” This condition, however, of the vessels does not

invariably accompany such solution. In three of the subjects dissected

by _Mr. Burns_, there was no appearance of vessels ramifying on the

coats of the stomach. To account for the absence of this vascular

appearance several explanations have been attempted; “but we are not,”

says _Mr. Burns_, “to regard the cause of this deviation from _Mr.

Hunter’s_ description, as depending upon the particular part of the

stomach acted on in the different cases; neither are we to imagine that

the stage of the process at which we examine the body will assist us in

this investigation; we are rather to obtain an explanation of this fact,

from contemplating the difference of condition of the different

individuals at the time of death; the subjects, whose cases are detailed

by _Mr. Hunter_, were persons cut off by violence, in the plenitude of

health, their stomachs at the time excited by the stimulus of food to

vigorous action, and the process of digestion at the instant of death

going on briskly, circumstances under which it is reasonable to infer

that all the blood-vessels would be filled with blood, which it is

evident, from the nature of the causes depriving them of life, would be

detained in the veins. This being the state of his subjects at the

moment of death, we shall not wonder that, when he afterwards opened the

bodies, he could squeeze the blood from the digested ends of the

vessels.” This is certainly an ingenious explanation, and receives

considerable support from the important fact of the stomach presenting a

very high degree of vascularity, in cases of sudden death, as

exemplified by _Dr. Yelloly_[190] in his account of the appearances

found in the stomachs of several executed criminals soon after they had

undergone the sentence of the law. So also has dissection disclosed the

same phenomena, in those cases where life has been suddenly extinguished

by a blow on the region of the stomach; inflammation, in such instances,

is necessarily out of the question, for death is immediate; the red and

inflamed appearance therefore of the stomach can alone be accounted for

by regarding it as the effect of the sudden cessation of the heart,

producing an accumulation of the blood in the extreme arterial branches.

But what shall we say of _Dr. Haviland’s_ case? so far from the patient

dying suddenly, and in the plenitude of health, he expired after a

lingering illness of three weeks, and yet, upon dissection, the stomach

was found _highly vascular_. This is in direct opposition to the theory

of _Mr. Burns_, and, we must confess, is not a little embarrassing.

Where the gastric solution has proceeded so far as to produce

perforations in its coats, _Mr. Hunter_ states that, “the contents of

the stomach are generally found loose in the cavity of the abdomen,

about the spleen and diaphragm; and that in many subjects this digestive

power extends much farther than through the stomach. I have often

found,” says he, “that after it had dissolved the stomach at the usual

place, the contents had come into contact with the spleen and diaphragm,

and had partly dissolved the spleen, &c.” With respect to the appearance

of the gastric perforations, _Mr. Hunter_ characterises them as having

“their edges apparently half dissolved, very much resembling that kind

of dissolution which fleshy parts undergo when half digested in a living

stomach, viz. pulpy, tender, and ragged.”

As certain corrosive poisons will occasionally produce such organic

lesions in the stomach, as lead to perforations in its membranes, a

question naturally arises, _how are we to distinguish such

disorganizations, produced by causes acting during life, from those

which result from solution after death_? To this we may at once return a

general answer, that in a judicial investigation, we ought not to

attribute erosion of the stomach to poison, except it be accompanied by

evident marks of previous inflammation and reaction, or with gangrenous

appearances; unless indeed the poisonous substance be found in the

stomach, or the symptoms, previous to death, be characteristic and

satisfactory. It has been stated that the edges of the natural

perforation are “pulpy, tender, and ragged,” whereas those produced by

the caustic action of a poison will generally be found well defined, and

of the same thickness as any other part of the stomach. But let it be

remembered, that, after all, it is upon the detection of poisonous

matter in the stomach, that the prudent physician will place his great

reliance. We have thus offered a review of the different opinions which

have been entertained upon this important question, and in conclusion we

may observe, that there will necessarily exist in each particular case,

circumstances which no general views can comprehend, and upon which the

practitioner must exercise his judgment and discretion. It is not our

intention at present to enter fully into the several questions which

were raised on the memorable trial of _Charles Angus_ for the murder of

_Margaret Burns_, but as we have already very frequently alluded to the

medical evidence delivered on this occasion, and as we shall hereafter

be called upon to notice some of its more striking features, we have

subjoined a report of the trial, and of the unhappy and ill-conducted

controversy to which it has given origin.[191] Whether the holes in the

stomach were the effects of corrosive poison or of that solvent action

after death, which we have just endeavoured to explain, must remain a

matter of doubt, for the erosion in this case was so considerable, and

the inflammation so slight, that it is impossible to assert that they

both depended on the same cause.

With respect to the possibility of confounding the appearances of

gangrene, in the stomach, with those of putrefaction, some notice is

necessary in this place; and we cannot better illustrate the subject,

than by introducing the marks of discrimination which are considered by

_Mahon_[192] as decisive upon such occasions. The spots in the stomach,

resulting from putrefaction, says he, may be distinguished from those

which have resulted from violent causes, during life, in the following

manner. If the stomach retain its natural colour, and the spots are

mixed with a red hue, or the ulcers have pale, or bright red edges, such

have been the effect of some violent impression upon the living

membrane; whereas, on the contrary, if the stomach be pale, livid, or

green, and exhibit spots of the same colour, but of rather a deeper hue,

we may safely conclude that they are the genuine phenomena of

putrefaction. See the interesting account of the dissection of _William

Mitchell_, p. 191.

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

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

presumptive evidence, in support of an accusation of poisoning?_

There are few opinions more popular than that which considers the speedy

putrefaction of the body as the universal and never failing consequence

of poisoning. To appreciate, however, the true value of such an

indication, and to avoid the fallacies with which it is surrounded, it

is essential to remember that the body of a person dying suddenly, and

in what may be called full health, is very liable to run rapidly into a

state of decomposition. As far, however, as our observations enable us

to deduce any conclusion, certain vegetable poisons appear to accelerate

such a change; for, very shortly after death, the body, under such

circumstances, will frequently swell, become highly offensive, assume a

black[193] appearance, and exhibit gangrenous spots on its surface. No

such appearances, however, it is said, usually follow as the _specific_

consequence of the fatal operation of _mineral_ poisons; _Dr. Jaeger_ in

an Inaugural dissertation,[194] which deserves to be better known,

states, as the result of numerous experiments, that the putrefaction of

animal bodies, poisoned by arsenic, whether buried or not, does not

appear to be either unusually accelerated or retarded; and he moreover

found that the generation of infusory animals, the production of larvæ

and subterraneous vegetation, in and about the bodies of poisoned

animals, took place as usual; and he remarked that “the immediate

contact of an arsenical solution seemed, in several instances, to

retard, in some degree, the putrefaction of the part to which it was

applied in sufficient quantity.” In the extraordinary case examined by

_Metzger_, in which the largest quantity of arsenic ever, perhaps, taken

into the stomach, was found after death, the body was not opened until

eighteen days after dissolution, and yet, says the anatomist, “_cadaver,

quod mireris, sine ullo fœtore aut putredinis signo erat, ut et absque

maculis lividis, si digitorum apices excipias_.” A case is also related

by _Dr. Yelloly_,[195] in which death was occasioned by arsenic, but

where not the slightest appearance of putrefaction was visible at the

time of examination, which did not take place until forty-nine hours

after death.

On the other hand, _Morgagni_[196] states that, on dissecting a female

who died from Arsenic, “_facies corporis posterior, ne suris quidem et

calcibus exceptis, tota erat nigra_.” And in the interesting case of

_William Mitchell_, as hereafter related, the appearance of the body

appears to have indicated that decomposition had proceeded with more

than ordinary celerity.

The fact of accelerated, or retarded putrefaction, therefore, cannot be

received with any confidence as a collateral indication of poisoning.

_Dr. Carson_, however, in the trial of _Charles Angus_, adduced the

circumstance of its absence, as a negative proof that the deceased had

not been poisoned; and in the celebrated Scotch trial of _Patrick

Ogilvy_, and _Catharine Nairne_,[197] the same fact was forcibly urged

in their defence.

_Gaspard à Reies_,[198] and other writers, have maintained that the

discovery of _living_ worms in the intestines of a person, suspected to

have died from poison, ought to be received as a direct refutation of

the charge. We are, however, not disposed to concur in such an opinion.

With respect to the value of the indication supposed to be afforded by

the circumstance of froth issuing from the mouth of the corpse, soon

after death, _Mr. Hunter_ has given a very satisfactory opinion, and to

which we must refer the reader, see _Appendix_, p. 273.

Q. IV. _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

received as a negative to an accusation of poisoning?_

We have already stated, that of all the proofs which can be adduced by

the physician, in support of a charge of murder by poison, no one can be

put in competition with that which arises from the discovery of the

poisonous substance itself, in the stomach, or in the contents of the

matter ejected by vomiting or purging. The law expects, therefore, that

the professional witness should be prepared to state, that every

experiment, calculated to detect the presence of poison, has been

scrupulously and faithfully performed; and we may take this occasion to

observe, that the circumstance of advanced putrefaction can rarely, in

the present state of our chemical knowledge, be admitted as a

satisfactory plea for not having proceeded to an anatomical inspection,

as preliminary to chemical inquiry; and, as to the danger of such

dissections, _Dr. Gordon Smith_ has very truly observed, “that much is

placed to this account which belongs merely to disgust.” Had an

examination of the body taken place in the case of _Ogilvy_ and

_Nairne_, how many doubts would have been cleared away; indeed, this

omission afforded the prisoners a strong ground of defence; they

complained that the informer had intentionally prevented the dissection

of the body, being conscious that the suspicions he had raised, and the

project he had formed for their ruin, would, by such a measure, have

been totally removed and defeated. To this it was answered, that when

the informer (a younger brother of the deceased) arrived, he did insist

on the body being opened and examined, as soon as a physician of

eminence could be present, which the prisoners did not then oppose; but

that when the physician arrived on the ensuing day, he declared the body

to be in such a putrid state, that no certain conclusions could be drawn

from outward appearances, nor even from a dissection of the body, which,

besides, could not be performed with safety to the surgeon and

attendants, and that he therefore thought proper to decline the

investigation. Fortunately for the ends of justice, the circumstantial

evidence of guilt was too strong to be affected by this culpable defect

in the medical testimony, although it has been often asserted that the

prisoners should have received the benefit of the omission by an

acquittal. See _Donellan’s_ case in the _Appendix_, p. 243.

With respect to the mode of conducting a chemical analysis upon these

occasions, we have reserved our directions, until we shall enter on the

discussion of poisons individually. We have, however, in this place some

remarks of a general nature to offer, to which we are desirous of

drawing the attention of those, who, without much experience, may be

called upon to conduct such investigations. In the first place, we are

desirous of convincing him, that the processes which he must institute,

for the detection of a mineral body, are by no means so elaborate and

embarrassing, as a superficial view of the subject may lead him to

conclude. During the progress of the present work the author has

repeatedly felt the truth of the opinion which he is now expressing;

for, like _Becher_, he has laid down his pen, and taken up his tests,

and, by the most simple modes of manipulation, has satisfied his own

mind of the extreme delicacy of the different processes which are

recommended for the detection of a poisonous mineral; in short, it is

very difficult to convince those whose chemical knowledge is wholly

theoretical, with how little trouble, and with how much pleasure and

profit, such experiments may be conducted. If such then be the perfect

state at which our analytical knowledge has arrived, the reader may

perhaps conclude, that _in every case of mineral poisoning the

deleterious substance should be found, and that the inability of the

chemist to detect its presence, should go far to negative the charge_.

Such an inference, however, is neither correct, nor philosophical, for

the poison may have been absorbed, or eliminated, during life, it may

have undergone chemical changes, or it may have entered into

combinations, by which its characters are masked, or wholly changed. To

_Dr. Bostock_ the judicial physician is under many obligations, but

there is no discovery for which he is more deeply indebted to him, than

for that which has resulted from his satisfactory experiments, in

elucidation of the present question. He has shewn, in the instance of

_Corrosive Sublimate_,[199] that an animal may be suddenly killed by

receiving a metallic poison into the stomach, and yet that the most

delicate chemical re-agents may not be able to detect any portion of

such poison, after death, in the contents of that viscus. _Dr. Henry_,

in a letter to _Dr. Duncan_,[200] communicates the case of _Hannah

Tomlinson_, aged twenty, who died, under the care of _Dr. Holme_, on the

sixth day after a dose of _Corrosive Sublimate_. In this case, although

an ounce of the mercurial salt had been swallowed, and the fluid ejected

from the stomach was examined, only twelve hours afterwards, by _Drs.

Henry_ and _Roget_, yet not the slightest trace of the poison could be

detected! More recently we have received from the pen of _Mr. Alexander

Murray_,[201] surgeon of Alford, some highly interesting cases of

poisoning by Arsenic, and which are so illustrative of the present

question, as well as several others that have fallen under

consideration, that no apology can be necessary for introducing some

account of them in this place. A family of the name of _Mitchell_, and

which consisted of _William_, a robust man, aged 45, _James_, æt: 52,

_Mary_, æt: 50, and _Helen_, æt: 48, breakfasted together on Sunday

morning, (August 19, 1821) on porridge, consisting of milk, salt, and

meal. _William_ partook largely, but _James_, who perceived “a sickening

taste,” took less than common, while the sisters had their usual

quantity. _William_ was seized with sickness shortly afterwards, about

10 _a. m._, on his way to church, and then with thirst and headache;

and, on his return home, between three and four in the afternoon, he was

seized with vomiting, which recurred often during the next four or five

days, especially on his attempting to quench his thirst. In the early

part of the week, he was heard to complain of pain in his stomach, eyes,

throat, breast, and arms; he was observed to void his urine frequently;

and about this time, he pointed out to one of his sisters a hollow[202]

between his breast and belly, into which according to her expression,

“she could have laid her arm.”

His illness had scarcely at any time confined him to bed. On the evening

of Friday, the 24th of August, he rode six miles, for the purpose of

consulting _Mr. Murray_, the surgeon, and reporter of the cases; on

Wednesday the 22d he had taken a dose of Epsom salts which operated, and

at the time _Mr. Murray_ first saw him he complained of the following

symptoms:—pain and heat in the region of the stomach and lower part of

the chest; occasional uneasiness in the abdomen, and sometimes

ineffectual efforts to go to stool; thirst; difficulty of breathing;

heat and uneasiness of throat, with hoarseness; soreness of eyes, which

had the common appearance of inflammation; shifting pains in his

extremities, particularly the arms, which had not their usual strength;

great restlessness; anxious expression of countenance; pulse frequent,

100-110, not strong.

A blister was applied over the stomach and lower part of the chest, and

he took an opiate at bed time. On the following day, (Saturday 25th)

_Mr. Murray_ visited him at his own house, and found him nearly as

before, except that his countenance more strongly exhibited a disturbed

and anxious expression, and the redness of the eyes, and the hoarseness

were increased. _Mr. Murray_ also observed small roundish white

accuminated prominences, on the palate and uvula, apparently as if the

membrane covering the palate bones and _velum pendulum_, was detached at

the parts by a whitish liquid. This day he took an ounce of castor oil,

which operated in the afternoon, his illness was not observed to change

during the evening, and he retired at about eight o’clock to rest. At a

little past two in the morning, he rose in search of water to drink, and

on returning to bed he was heard to utter a deep groan; after which he

lay motionless and quiet, and very soon was found to have expired. The

surgeon who saw the body, about 10 _a. m._, states that “_many bluish

spots were observed on the inferior extremities_.” _James_, _Mary_, and

_Helen Mitchell_ were attacked the same forenoon with their brother

_William_, and with nearly similar symptoms; they were all, however,

fortunate enough to recover, although a considerable period elapsed

before their usual strength returned, and in all of them a numbness of

the arms, or legs, occurred, together with a loss of muscular power.

The body of _William Mitchell_ was, owing to particular circumstances,

not opened until the 29th of August, (3 days 8 hours after death) when

the following appearances presented themselves. “The face had a natural,

composed appearance; and the rigidity of the body did not appear to be

different from what is common. The right ear, and corresponding side of

the face, as well as the scalp, exhibited a deep clay-blue colour. On

the chest and belly, several spots and streaks, some green, others blue,

were observed; and the back, upon which the body lay, was from head to

foot of a livid colour; while several roundish spots, of a still deeper

hue, gave to the shoulders and neck a mottled appearance. The penis was

much swollen and red. The scrotum also was enlarged, and of a dark blue

colour.

Upon opening the abdomen, the smell was not unusually offensive, and its

contents did not appear to have undergone alteration after death, but

several ounces of a highly-coloured liquid were found in the cavity. The

surface of the jejunum and ilium presented many purple spots, some of

which were several inches in circumference. The peritoneal surface of

the stomach, in a tract which extended from the cardia, and occupied,

for some distance downwards, the whole circumference of that viscus,

except the small curvature, was of a clear, dark red colour; and through

this space dark lines, apparently veins, were observed to ramify. This

appearance, perhaps, from 20 to 30 square inches in extent, was strongly

marked in contrast with the natural state of the inferior extremity and

small curvature. The substance connecting the stomach to the spleen,

was, as well as a small part of the transverse colon, of a red colour.

The spleen was gorged with blood; the liver healthy. The duodenum, from

a small distance below the pylorus, almost to its inferior extremity,

and round nearly the whole intestine, was of a very dark purple colour.

Upon opening the stomach, the internal surface of that part where the

outward appearance, already described, existed, was found of a bright

red colour, and over this lighter dots were thickly scattered[203],

making such an appearance as might be produced by a red colour being

dashed from a painter’s pencil, upon a somewhat darker _ground_.

The internal coats of the duodenum were very dark coloured, with a

slightly reddish hue, pulpy, thickened, and easily separated from the

peritoneal covering, while in one roundish spot, of the size of a crown

piece, the villous and muscular coats were entirely wanting. Red patches

were observed on the inner surface of the jejunum and ilium, the shape,

size, and situation of which were the same as those of the appearances

already noted as occurring on the outside of these intestines. The

stomach and duodenum contained about a quart of a brown, semi-opaque,

thickish liquid; the jejunum and ilium were empty, and coated with a

yellow viscid matter. The lungs and heart were quite healthy; but in the

cavity of the thorax were ten ounces of a reddish turbid liquid, and

about half that quantity in the pericardium. The pharynx was of an

unusually red colour. The whole of the brain was healthy, and of firm

consistence.”

_Mr. Murray_ concludes by stating that no part of the salt and milk used

on the sunday morning, was to be found after he visited the family, and

that although the remainder of the meal, and also the contents of

_William Mitchell’s_ stomach and duodenum were examined by _Drs.

Henderson_ and _Fraser_, of Aberdeen, as well as by _Mr. Craigie_,

surgeon, who assisted in the dissection, and _Mr. Alexander Murray_,

yet, “_no poisonous ingredient was detected in these substances_.”

The pathological and anatomical facts were, however, in themselves, so

striking and satisfactory, that not the slightest doubt can exist as to

the cause of the sufferings and death of the deceased; while, as _Mr.

Murray_ very justly states, the high probability, arising from the

separate symptoms of each individual, is strengthened almost to

certainty, by the simultaneous occurrence of these in a whole family of

four persons; while no similar disease, indeed no epidemic of any kind,

prevailed at that time.

We have only to add that the brother-in-law of this family was, in

October, 1821, tried before the Judiciary Court at Aberdeen, for

administering poison to his four relations; when the testimony given by

the medical witnesses induced the judge and jury to consider the

abstract act of poisoning proved. The accused afterwards confessed his

guilt, and that he perpetrated the crime by means of _Arsenic_, put

among the salt on the sunday morning on which the family were taken ill.

The public, and the profession, are greatly indebted to _Mr. Alexander

Murray_ for the details of this instructive case; and the patient

attention and judgment with which he conducted the investigation,

deserve the highest commendation, and afford an example which we

sincerely hope future practitioners will endeavour to follow.

Q. V. _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 animals?_

It has from time immemorial been generally believed, that no proof of

poisoning is more satisfactory than that which is furnished by the

effects produced upon dogs, by their swallowing the contents of the

stomach of persons who are supposed to have died from poison. Writers on

Forensic medicine have, however, adduced several objections to the

validity of such a test; some of which are undoubtedly worthy of

consideration, while others are the deductions of a theory which

receives no support from experience. In the first place it has been

stated, that substances poisonous to man, will not always occasion

deleterious effects upon animals[204]; this, to a certain extent, is

undoubtedly true; some of the _Ruminantia_ appear to be less sensible to

the operation of narcotic plants, than carnivorous animals. _Aloes_ are

injurious to dogs and foxes. Oxen are said to eat the _Philandria

Palustris_, which is pernicious to horses; but we are very much inclined

to believe that a poison sufficiently powerful to destroy the life of a

man, would if administered in the same state of concentration, destroy

that also of an inferior animal. It is in smaller doses only that the

difference in the action of such bodies upon various animals becomes

evident and appreciable. This opinion is confirmed by numerous

experiments. _Mr. John Hunter_, in his evidence[205] on the trial of

_Donellan_, in answer to the question, whether any certain conclusion

can be drawn respecting the poisonous operation of a substance upon man,

from its effects upon an animal of the brute creation, replied, “_As far

as my experience goes, which is not a very confined one, because I have

poisoned some thousands of animals, they are very nearly the same;

opium, for instance, will poison a dog similar to a man; arsenic will

have very near the same effect upon a dog, as it would have, I take it

for granted, upon a man; I know something of the effects of them, and I

believe their operations will be nearly similar._” If any farther

confirmation of this opinion were required, how extensively and

satisfactorily has it been afforded by the late experiments of _M.

Orfila_.[206] _Mr. Hunter_ also, on the memorable trial above mentioned,

explained a source of fallacy which attends such experiments upon

animals; he is asked “whether there are not many things which kill

animals almost instantaneously, that will have no detrimental or noxious

effect upon a human subject, such, for instance, as spirits?” He replies

that a great deal depends upon the manner of conducting the experiment,

and that by forcing an animal to drink, the liquor often passes into the

lungs. See _Appendix_, _p._ 272. _Orfila_, in his valuable work on

poisons, instituted a series of experiments upon this subject, with the

intention of determining the value of an experiment so generally

accredited; from which he is led to conclude, 1st. That the practitioner

should never attempt by force to make an animal swallow the suspected

substance, nor should he put it into his food; for by such a proceeding

he would not only run the hazard of losing the greatest part of it,

because the animal would reject it, but the food with which it is

combined might exert upon it some chemical action, or so envelope it as

to protect the coats of the stomach from its contact; besides which it

would, says he, happen, at least six times in ten, that a part of it

would flow through the larynx into the lungs, and the animal will die of

Asphyxia. 2d. The best method that can be employed, consists in

detaching the œsophagus, perforating it with a small hole, introducing

into it a glass funnel, and pouring the liquid into the stomach; that

being done, the œsophagus is to be tied below the opening. It would,

observes _M. Orfila_, be imprudent to prefer to this method, the use of

an elastic gum tube adapted to a syringe, for many bite the tube, pierce

it with holes, and the fluid then flows out of the mouth; besides which,

syringes of tin might decompose certain poisonous fluids. The obvious

objection to such a mode of administration is anticipated by this

laborious experimenter with much ingenuity. It may be asserted, says he,

that the animal perished from the operation of tying the œsophagus, and

not from the action of the poison thus introduced into the stomach, but

such an objection has no foundation in truth, for either the suspected

substance is in quantity sufficient to destroy the animal, or it is not;

in the first case death will take place during the first forty-eight

hours, and will be preceded by symptoms more or less severe, a

phenomenon never observed in the simple ligature of the œsophagus; in

the second case, the experiment will not be more conclusive, than if the

œsophagus had not been tied: and the author asserts, that the operation

of tying the œsophagus would not, of itself, produce during the first

forty-eight hours any other symptom than a slight dejection, and that

consequently all other morbid phenomena that may be observed, upon such

trials, ought to be attributed to the poisonous substance. To all this

we reply, that we believe, in the hands of _Orfila_ who has made a

thousand experiments, that such results may be satisfactory, but we feel

no hesitation in declaring, that we should not place the smallest

reliance upon such an experiment when conducted by a person unaccustomed

to the operations of experimental physiology. If there be no other mode

of employing an animal as a test for poison, but by tying his œsophagus,

we must, in a judicial point of view, reject it altogether.

But there still remains another source of fallacy connected with these

experiments, to which considerable importance has been attached. It has

been said that the acrid humours ejected from the stomach of a person

labouring under a _spontaneous_ disease, may kill an animal.

_Morgagni_[207] relates a very remarkable instance, in illustration of

this fact. A child having died of a fever was opened, when a quantity of

green bile was found in the stomach, which changed the colour of the

scalpel to violet; having dipped the point of the knife into this bile,

two pigeons were wounded with it, and they soon died in convulsions. The

bile was then mixed with some bread, and given to a cock, which also

died in the same manner. From this general view of the subject before

us, the forensic physician will be enabled to appreciate its just value,

and to apply the indications it may furnish, in each particular case,

without the risk of error. In some instances such experiments may prove

nothing, in others they may afford only equivocal results, but which may

add something to the general weight of circumstantial evidence; while

others, again, may furnish proofs so unquestionable, as to leave no

doubt upon the subject; such was the case in the instance of _Michael

Whiting_[208], who was convicted of administering corrosive sublimate to

his brothers-in-law, when it appeared in evidence that a portion of the

poisoned dumpling was given to a sow, who in consequence became sick,

and remained ill for several days.

We have now disposed of the several questions connected with the subject

of poisoning, which must be regarded, in their forensic relations, as

being of the highest importance. In considering the subjects, generally,

there must necessarily remain doubts, many of which will be considerably

diminished, or entirely removed, upon their application to particular

cases; still, however, the nature of medical evidence upon such

occasions must be frequently regarded as only sustaining high

probabilities, and the professional witness may exclaim with

_Hoffman_[209] “_Ardua sane provincia ei imponitur cui determinandæ

ejusmodi quæstiones exhibentur._”

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