Putrefaction commences when a body is kept under the most favorable

conditions, in from six to twelve days, as a slight greenish

discoloration of the abdomen which gradually spreads throughout the

body. The time at which putrefaction shows itself and the rapidity with

which it advances is dependent upon so many factors, many of which

it is impossible often for the medical examiner to ascertain, that

too much reliance must not be placed upon it. Casper estimates the

following to be the _average_ changes generally found in the periods of

time given:

TWENTY-FOUR TO SEVENTY-TWO HOURS after death a slight green color is

visible over the centre of the abdomen. The eyeballs are soft and yield

to external pressure.

THREE TO FIVE DAYS after death the green color of the abdomen becomes

intensified and general, spreading if the body be exposed to the air or

buried in the ground in the following order: genitals, breast, face,

neck, upper and lastly lower extremities.

EIGHT TO TEN DAYS after death the discoloration becomes more

intense, the face and neck presenting a shade of reddish-green. The

ramifications of the superficial veins on the neck, breast, and limbs

become very apparent. Finally the patches congregate. Gases begin to be

developed and distend the abdomen and hollow organs and to form under

the skin in the subcutaneous and intermuscular tissue. The cornea falls

in and becomes concave. The sphincter ani relaxes.

FOURTEEN TO TWENTY-ONE DAYS after death the discoloration over the

whole body becomes intensely green, with brownish-red or brownish-black

patches. The body is bloated and appears greatly increased in size

from the development of gases within the abdomen, thorax, and scrotum,

and also in the cellular tissue of the body generally. The swollen

condition of the eyelids, lips, nose, and cheeks is usually of such

extent as to obliterate the features and to destroy the identity of the

body. The epidermis peels off in patches, while in certain parts, more

particularly the feet, it will be raised in blisters filled with red or

greenish liquid, the cuticle underneath frequently appearing blanched.

The color of the iris is lost. The nails easily separate and the hair

becomes loosened.

FOURTH TO SIXTH MONTH after death the thorax and abdomen burst and the

sutures of the skull give way from the development of gases within the

head. The viscera appear pulpy, or perhaps disappear, leaving the bones

exposed. The bones of the extremities separate at the joints. At an

advanced stage the soft parts gradually disappear.

In giving an opinion as to how long a time has elapsed since death when

a body has undergone marked putrefactive changes, we must consider

carefully not only the conditions of the organs, but the mode of death

and the “surroundings.” By these I mean the quantity of clothing worn,

the depth of the grave in which the body has been interred, the season

of the year, the heat and moisture of the atmosphere. The question

sometimes presents itself to the medical examiner, Of two persons

found dead, which died first? The importance of this point was well

illustrated in the “Lizzie Borden case.” By a careful consideration of

all the conditions presented by each body in the ways I have indicated,

the question will not ordinarily be a difficult one to decide.

THE

MEDICO-LEGAL CONSIDERATION

OF

WOUNDS,

INCLUDING

PUNCTURED AND INCISED WOUNDS, AND WOUNDS MADE BY BLUNT INSTRUMENTS

OTHER THAN GUNSHOT WOUNDS.

BY

GEORGE WOOLSEY, A.B., M.D.,

_Professor of Anatomy and Clinical Surgery in the Medical Department of

the University of the City of New York; Surgeon to Bellevue Hospital;

Member Medical Society of the County of New York, New York Academy of

Medicine, New York Surgical Society, etc., etc._

WOUNDS.

GENERAL CONSIDERATIONS. THE DIFFERENT KINDS OF WOUNDS.

THE surgical and medico-legal ideas of wounds are quite different, the

latter including the former as well as other varieties of injuries.

=Definitions.=—Surgically a _wound_ means a solution of continuity and

refers to every such lesion produced by external violence or developing

spontaneously. The medico-legal acceptation of the term is much broader

and includes any injury or lesion caused by mechanical or chemical

means. Vibert[601] quotes Foderé as defining a wound medico-legally as,

“Every lesion of the human body by a violent cause of which the results

are, singly or combined, concussion, contusion, puncture, incision,

tear, burn, twist, fracture, luxation, etc.; whether the cause is

directed against the body or the body against the cause.” The same

author quotes another definition of a wound as, “Every lesion however

slight, resulting in concerning or affecting the body or health of an

individual.” Taylor[602] defines a wound in a medico-legal sense as “a

breach of continuity in the structures of the body whether external or

internal, suddenly occasioned by mechanical violence.” Thus, the term

wound in its medico-legal acceptation includes not only surgical wounds

but contusions, fractures, burns, concussion, etc. In France at least

the voluntary inoculation of syphilis has been considered as coming

under the category of wounds.[603]

Medico-legally, the severity of a wound is much more important than

the kind of wound. Thus we may consider wounds according to their

comparative gravity, as mortal, severe, or slight.

A _mortal_ wound is one which is directly fatal to life in a

comparatively short time, usually from hemorrhage, shock, or the injury

of a vital part. A wound may result fatally without being a mortal

wound, as when a slight wound causes death on account of some wound

infection.

_Severe wounds_, or “wounds causing grievous bodily harm,” as they have

long been called, do not put life in imminent danger, though they may

be inconvenient or detrimental to health. Pollock, C. B., says that a

wound causing grievous bodily harm is “any wound requiring treatment.”

A medical opinion or certificate may be required as to the danger of a

given wound, and on this opinion may depend the question of bail for

the prisoner. By the danger of a wound in such a case is usually meant

imminent danger, as any wound may be remotely dangerous to life.

_Slight wounds_, as already stated, may result fatally under certain

conditions. Under the French practice a slight wound is one which does

not incapacitate one from work for more than twenty days. Looked at

in another way, slight or severe wounds may be classified according

as they are completely curable, leaving no infirmity or disturbance

of function, or not completely curable. The latter are such as are

necessarily followed by permanent or temporary infirmity.

The question as to the severity of any given wound may sometimes be

left to the jury to decide from the description of the wound, or a

medical opinion may be required.

Although the intent of the assailant is often of equal or greater

importance than the severity or kind of wound, yet this can only

occasionally be inferred from the surgical aspects of the wound.

The classes of wounds to be treated in the following pages are incised

and punctured wounds and wounds with blunt instruments, some of the

characteristics of which we will now consider.

=Incised wounds= are such as are produced by a cutting instrument, and

they are distinguished by the following characteristics: They measure

more in length than in the other dimensions. They are usually straight

in _direction_, though not infrequently curved, and they may even be

zig-zag, especially where the skin lies in folds. The _edges_ of an

incised wound are linear, and show no signs of contusion. They are

either inverted or everted and the edges and sides of the wound are

retracted. The eversion of the skin is due to its elasticity, but in

some regions of the body, _e.g._, in the scrotum, etc., the skin is

inverted owing to the contraction of the muscle fibres immediately

beneath. The gaping of the wound is due to the retraction of the

divided muscles and fibrous structures. It varies according as the

muscles are cut directly across or more lengthwise, and in proportion

to the distance of the wound from the points of attachment of the

muscles.

The fibrous tissues, fasciæ, and aponeuroses retract less, and so give

a somewhat irregular surface to a large wound.

Ogston[604] divides incised wounds into three parts, the commencement,

centre, and end, of which the end often has two or more serrations

differing from the commencement, which has but a single point. There

are often one or more slight, superficial, tentative incisions situated

almost always, though not invariably, near the commencement.[605] The

deepest part of the wound is more often near the commencement. If

there are angular flaps on the edges their free angles point to the

commencement of the wound.

Coagula and clots of blood are to be found in the wound, more or less

filling it up if it has not been interfered with. On examination the

ends of the divided vessels are found plugged with clots which may

protrude somewhat from their openings.

If the wound is seen very shortly after its infliction, hemorrhage is

in progress, and the divided arteries show their position by their

individual, intermittent jets of blood. The severity of incised wounds

depends upon the amount of hemorrhage, which is greater the deeper and

larger the wound, and the more vascular the tissues in which it occurs,

especially if large and important vessels are concerned. In the latter

case an incised wound may be very rapidly fatal.

Incised wounds present the least favorable conditions for the

spontaneous arrest of hemorrhage of any form of wounds. The edges of an

incised wound may be quite rough and even dentated or lacerated if the

edge of the weapon be rough and irregular.

The kind and condition of a weapon which has produced a given incised

wound may often be learned by an examination of the characteristics of

the wound.

Weapons cutting by their weight as well as by the sharpness of their

edges, such as axes, etc., may cause a certain amount of contusion

about a wound; they crush the soft parts to a certain extent, and the

bones may be indented or even fractured.

Wounds caused by fragments of bottles, pieces of china, earthenware,

or glass, though strictly speaking incised wounds, are often curved,

angular, and irregular, and their edges jagged and contused.

Wounds caused by scissors may sometimes be of the nature of incised

wounds. When they present a double wound of triangular shape, with the

apex of the triangle blunt, they are more of the nature of punctured

wounds. In general a “tail” or long angle in the skin at one end of an

incised wound indicates the end of the wound last inflicted, and some

light may thus be thrown upon the inflicter of the wound.

Incised wounds present very favorable conditions for healing by primary

union, but often fail in this and heal by secondary union. When an

incised wound fails to unite by primary union, bleeding continues

for several hours or even as long as a day, the blood being mixed

more or less with a serous discharge. The latter continues until the

third day or so. By the fourth or fifth day the surface has begun to

granulate, and there may be a more or less profuse purulent discharge

from the surface. The granulating surfaces do not necessarily discharge

pus, however. For some days, therefore, after the infliction of an

incised wound, or until the surface is covered with granulations, the

characteristics of the wound permit of a diagnosis as to the nature of

the wound.

The _diagnosis_ of an incised wound is generally without difficulty.

Some wounds by blunt instruments, however, in certain regions of the

body, resemble incised wounds very closely. Such instances are found

where a firm, thin layer of skin and subjacent tissue lies directly

over a bony surface or a sharp ridge of bone. These are seen most often

in the scalp or in wounds of the eyebrow where the sharp supra-orbital

ridge cuts through the skin from beneath. The diagnosis of an incised

wound can often be made with great probability from the cicatrix. This

is especially the case if the wound has healed by primary union and the

cicatrix is linear.

The _prognosis_ in incised wounds is good as to life unless a large

vessel has been divided or unless an important viscus has been

penetrated. The prognosis as to function varies with the position and

extent of the wound, and the circumstance of the healing of the wound.

=Punctured Wounds, Stabs, etc.=—These are characterized by narrowness

as compared to depth, though the depth is not necessarily great.

They are more varied in character than incised wounds owing to the

great variety of form of the weapons by which they may be made. From

the form, etc., of a particular wound we may often infer the variety

of weapon by which it was produced. According to the weapon used,

punctured wounds have been divided into several classes, of which M.

Tourdes distinguishes four: 1st. _Punctured wounds by cylindrical or

conical instruments_ like a needle. If the instrument be very fine like

a fine needle, it penetrates by separating the anatomical elements

of the skin, etc., without leaving a bloody tract. Such wounds are

generally inoffensive, even when penetrating, if the needle is aseptic,

and they are difficult to appreciate. On the cadaver it is almost

impossible to find the tract of such a wound. If the instrument be a

little larger it leaves a bloody tract, but it is difficult to follow

this in soft tissues, more easy in more resistant structures, such as

tendon, aponeurosis, cartilage, or serous membrane.

If the instrument be of any size this variety of punctured wounds

presents a form quite different from that of the weapon. Instead of a

round wound it is generally a longitudinal wound with two very acute

angles and two elongated borders of equal length, showing but little

retraction. This is the shape of the wound even when the instrument

producing it is so large that the resulting wound resembles that made

by a knife (see Fig. 2). The direction of the long axis of these wounds

varies in different parts of the body and is uniform in the same part.

Their shape and direction are explained by the tension of the skin or

still more clearly by the direction of the fibres of the skin, just

as with the same round instrument in a piece of wood a longitudinal

opening or split would be made parallel to the grain (see Fig. 1). In

some regions, as near the vertebræ, the fibres may run in different

directions, and the resulting wound is stellate or triangular in shape

as if a many-sided instrument had caused it. As the direction of the

fibres of the various tissue layers, such as aponeuroses, serous and

mucous membranes, etc., may be different, a deep wound involving

several such layers would have a different direction for each layer. In

illustration of this, examine the figure of a wound through the wall of

the stomach (see Fig. 3).

[Illustration: FIG. 1.—Direction of the Long Axis of Wounds of the

Back caused by Conical Instruments.

(After Langer.)]

The wounds above described when large are smaller than the weapon,

as the splitting of the skin has certain limits and also owing to the

elasticity of the skin, which is put on the stretch by the weapon and

relaxed on its withdrawal. When such wounds are small they are larger

as a rule than the instrument causing them.

[Illustration: FIG. 2.—Slit-like Wound caused by a Pointed Conical

Instrument 2.5 cm. in Diameter. Natural size.]

[Illustration: FIG 3.—Wounds of Stomach Wall by a Conical Instrument,

showing the Different Direction of the Long Axis of the Wounds in

Different Layers.]

[Illustration: FIG. 4.—Stab-Wound of the Skin with a Knife a Few

Minutes before Death.]

2d. _Punctured wounds by instruments both sharp pointed and cutting_,

like a knife or dagger. If these wounds are perpendicular to the

surface, they have more or less the form of the weapon used. The angles

may show whether the knife, etc., had one or two cutting edges, but

even though the back of the knife is broad the wound may resemble

one caused by a double-edged weapon. Thus stab-wounds from a common

pocket-knife show only exceptionally a wedge-shape, but regularly a

slit, the edges of which are slightly curved to one another and end in

two acute angles. The reason of this lies in the fact that the wound is

only caused by the cutting edge of the knife, so that we cannot tell

as a rule which angle was occupied by the back of such a knife (Figs.

4 and 5). The depth of these wounds may equal the length of the weapon

or be almost any degree less, but the depth may even be greater than

the length of the weapon by reason of a depression of the parts at

the time of the blow. The wound is often shorter and broader than the

weapon causing it, though more often it is larger than the weapon from

the obliquity of the wound and the movement of the weapon on being

withdrawn. The wound is smaller than the instrument where the parts are

on the stretch at the time the wound is inflicted.

[Illustration: FIG. 5.—Nine Suicidal Stab-Wounds in the Region of the

Heart made by a Knife used for Cutting Rubber.]

This variety of punctured wounds may resemble the former class in the

direction of its long axis, if the cutting edge of the instrument is

blunt. The regularity and smoothness of the edges distinguish them from

certain contused wounds.

3d. _Wounds made by instruments with ridges or edges_, files, foils,

etc. If the edges are cutting the wound presents more or less the shape

of the weapon (Fig. 6). But this is not always so, probably from the

instrument puncturing obliquely or from the tissues being unequally

stretched (Fig.7). If the edges are not cutting the wound resembles

those of the first class, though the edge often presents little tears,

and the wound may thus be more or less elliptical with two unequal

angles. The wound of entrance and exit may be different.

[Illustration: FIG. 6.—Stab-Wounds caused by a Three-Sided Sharp-Edged

Pointed Instrument.]

4th. _Irregular perforating instruments_, the wounds from which

resemble contused wounds.

=Contusions and Contused Wounds.=—A contusion is a wound of living

tissues by a blow of a hard body, not sharp-edged or pointed, or by a

fall, crushing, or compression, and without solution of continuity of

the skin. A contusion usually involves a moderately large surface in

comparison to the two other classes of wounds. Contusions are of all

degrees of severity. If the blow or injury is slight, there is only

slight redness and swelling of the skin with pain, disappearing in a

few hours, and leaving no traces. If the blow be harder it produces

more or less crushing of the tissues, accompanied by ecchymosis with

or without a wound or excoriations of the skin, etc. The contusion may

have the shape of the contusing body, such as a whip, the fingers, etc.

[Illustration: FIG. 7.—Stab-Wounds caused by an Eight-Sided

Sharp-Edged Instrument. Some show a transition stage to wounds made by

a conical instrument.]

=Ecchymosis.=—This is characteristic, as a rule, of contused wounds.

It consists in the infiltration of blood into the tissues, especially

the cellular tissues. The source of the blood is from the rupture

of blood-vessels, and the size of the ecchymosis varies partly with

the number and size of the blood-vessels, or with the vascularity of

the part. The size of the ecchymosis also varies with the looseness

of the tissues into which it is infiltrated. This looseness of the

tissues may be natural as in the scrotum and eyelids, or it may be due

to the attrition of the tissues caused by the blow. An ecchymosis is

larger when the contused parts cover a bony or resisting surface, and

there may be no ecchymosis whatever, even from a severe blow, where

the underlying parts are soft and yielding, as is the case with the

abdominal parietes. Here we may have rupture of the viscera without any

signs of ecchymosis superficially. An ecchymosis may be infiltrative

or it may mostly occupy a cavity usually formed by a traumatic

separation of the tissues; this is especially the case in the scalp

and extremities when the injury is severe. These tumors, which are

called _hematomata_, may be rapidly absorbed or they may remain a long

time and occasionally suppurate. Sometimes the anatomical conditions,

especially of the connective-tissue spaces, allow the extension or

migration of the ecchymosis under the action of gravity, even to a

considerable distance. When it meets an obstacle it accumulates above

it, as in the inguinal region for abdominal ecchymosis and at the knee

for those of the thigh. The course along which the ecchymosis travels

is indicated externally by a yellowish stain, soon disappearing, so

that soon no sign persists at the site of injury, but only below where

the blood is arrested.

An ecchymosis becomes visible at varying times after the injury

according to the depth of the ecchymosis and the thinness of the

skin, for the ecchymosis is mostly beneath, not in the skin. If the

ecchymosis is superficial it shows in one or two hours or even in less

time where the skin is very thin, as in the eyelids and scrotum. In

such cases it increases for thirty or forty hours and disappears in a

week, but may last longer, _i.e._, as long as fifteen to twenty-five

days.

An ecchymosis may not show at the point struck, at least not until

several days have elapsed, or it may only show on the under surface

of the subcutaneous fat until it has imbibed its way, as it were, to

the surface. This may explain the discrepancy in the description of an

injury examined by two medical experts at different times.

If an ecchymosis is extensive and deep, especially if it occupies a

cavity, there may be nothing to see in the skin for four or five days,

and then often only a yellowish discoloration instead of a dark blue

color. In such cases, too, the appearance in the skin may be more or

less remote from the injury, having followed the course of the least

anatomical resistance. Between these two extremes, an ecchymosis may

become visible at almost any time. Rarely an ecchymosis occurs only

deeply between muscles (pectorals, etc.) and not superficially at all.

The extravasation of blood which forms an ecchymosis has sometimes

been given different names, according to its extent or position, for

instance, parenchymatous or interstitial hemorrhages or apoplexies,

suffusions, ecchymoses, petechiæ or vibices. All such may, however, be

called ecchymoses or hematomata. When blood is effused into the serous

cavities of the body, special names are sometimes applied according to

the position, such as hemothorax, hematocele, etc.

The color of an ecchymosis is at first a blue-black, brown, or livid

red. This color changes first on the edges, later in the darker centre,

and becomes in time violet, greenish, yellow, and then fades entirely.

This change in color is owing to a gradual decomposition of the

hæmoglobin of the blood. We can tell the age of an ecchymosis from its

coloration only within rather wide limits, for the rapidity of change

of color varies widely according to a large number of circumstances,

especially according to whether the ecchymosis is superficial or deep.

We can only say that the first change, _i.e._, that to violet, in a

superficial ecchymosis, occurs in two or three days.

As an exception to the above color change, we may mention

subconjunctival ecchymosis, which always remains a bright red, as the

conjunctiva is so thin and superficial that the coloring matter of the

blood is constantly oxidized.

The form of an ecchymosis often reproduces well enough that of the

instrument, except if the latter be large it cannot all be equally

applied to the surface, and its form is not distinctly shown by that

of the ecchymosis. After its first appearance an ecchymosis spreads

radially, the edges becoming less clear. This change occurs more

rapidly the looser the surrounding tissues, and at the end of a few

days the first form of an ecchymosis may be changed, so that an

examination to determine the nature of the weapon should be made as

early as possible.

Ecchymoses are more easily produced in the young, the aged, and

in females, also in the case of such general diseases as scurvy,

purpura, hemophilia, etc. In fact, in the last three classes they may

occur spontaneously. This fact should never be lost sight of, as the

attempt may be made to explain a traumatic ecchymosis in this way. The

diagnosis between the traumatic variety and such cases of spontaneous

ecchymoses is, in general, easy, for in the latter case their number,

form, size, and occurrence on parts little exposed to injury and on the

mucous membranes, as well as the general symptoms of the disease, leave

little or no room for doubt.

From an oblique or glancing blow a considerable area of skin may be

stripped up from its deep attachments forming a cavity which may be

filled by a clear serous fluid alone, or with some admixture of blood.

These cases have been studied especially by Morel Lavallée and Leser,

and the fluid has been thought to be lymphatic in origin, hence the

name “_lymphorrhagia_.” Carriage accidents, especially where the wheels

do not pass directly but obliquely across or merely graze the body, are

especially liable to show this form of extravasation, which is thought

to be more common than is generally supposed, being often obscured by a

small quantity of blood.

[Illustration: FIG. 8.—Linear Wound with Nearly Clean-Cut Edges, with

Strands of Tissue bridging across at the Bottom and caused by a Fall on

the Head on a Smooth Surface.]

=Contused Wounds.=—If with the contusion we have a solution of

continuity of the skin, then we have a contused wound. This may

sometimes resemble an incised wound if the weapon has marked angles or

edges, as a hammer, or, as we have already seen, in wounds of the scalp

or eyebrow (Fig. 8). Careful examination, however, by a small lens if

necessary, is sufficient to distinguish them if they are fresh. If

they are four or five days old and have begun to granulate, it may be

impossible to distinguish them. Contused wounds present on examination

small tears on the edges which are widely separated and more or less

extensively ecchymosed. Contused wounds are often irregular, and

have thickened or swollen and ragged borders. They may, like simple

contusions, show by their shape the form of the instrument which caused

them. In contused wounds, unless they be perfectly aseptic, we usually

find sloughing of the contused, necrotic tissues. This leaves a cavity

to be filled up by granulation like wounds with loss of substance.

They therefore often present large cicatrices which may be mistaken for

those of ulcers. In contused wounds the bone may sometimes show the

impression of the instrument causing the wound.

A variety of contused wounds is that where the wound of the skin

consists merely of an _erosion_ or _excoriation_ with an ecchymosis

beneath. The wound may reproduce the shape of the weapon, _i.e._,

finger-nails, etc. After death the skin becomes brownish-yellow,

hard, and dry, and then they are called by the French “_plaques

parcheminées_.” They are distinguished, as a rule, from those produced

after death, by the ecchymosis beneath.

=Lacerated wounds= resemble contused wounds very closely, but are not

ecchymosed to any considerable extent. The solution of continuity is

sometimes very extensive and irregular, and may present several flaps.

The bone or bones are often fractured at the same time. They seldom

bleed much. The course of repair resembles that of contused wounds as

a rule. The prognosis is variable, for there may be slow and extensive

cicatrization and impairment of function, etc. These wounds usually

result from machinery accidents and accidental tears, etc. They are

therefore seldom the occasion of criminal proceedings but more often of

a civil suit, and thus require medical examination.

The injury which causes a contusion or contused wound may not

infrequently produce effects far more serious and more or less

remote from the contusion. Some of these effects it may be well to

particularize. Blows on the abdomen are sometimes quickly followed by

death without visible lesion to account for it. That authentic examples

of this exist has been denied by Lutaud, except for cases of rapid

death following contusions of the abdomen which had caused extensive

rupture of the viscera and abundant hemorrhage. But Vibert gives two

cases from his own experience, which are as follows:

A young man, twenty years old, received a kick in the stomach at a

public ball. Numerous witnesses of the scene testified that he only

received this one blow. The man collapsed immediately and died in a few

minutes. On autopsy nothing was found but two small ecchymotic spots in

the peritoneum covering the intestine, the largest not the size of a

bean.

In the second case, the injury was also a kick in the stomach and the

man died almost immediately. Absolutely no lesion was found on autopsy.

Both were in full digestion.

König[606] says: “A number of severe contusions of the belly run

a rapidly fatal course without the autopsy showing any definite

anatomical lesion of the viscera.” He also adds that the less severe

cases at first often show very profound shock, which is out of

proportion to the force of the injury. The cause of death has been

explained, like that of sudden death from a blow on the larynx, by the

theory of inhibition. These cases are often illustrated experimentally

on frogs, where the same result is obtained under similar conditions.

Such cases are the more remarkable from the fact that the fatal blow

may cause no ecchymosis or other mark of injury to appear on the

abdominal walls.

Blows on the head may produce a variety of results besides that of

the contusion itself. In fact, death itself may result though the

marks of contusion are very slight or even imperceptible. Intracranial

hemorrhage, laceration with ecchymosis of the brain, on the same or

opposite side to the injury, and concussion of the brain may result. Of

these only concussion will be considered now.

=Concussion= has been defined as a shock communicated to an organ

by a blow or fall on another part of the body, which may or may not

be remote, and without producing a material or appreciable lesion.

According to Lutaud,[607] English pathologists understand by it a

temporary or permanent nervous exhaustion resulting from a sudden or

excessive expense of nervous energy. Its effect is observed in the

function of an organ and especially in the brain. Concussion of the

brain causes stupidity, loss of consciousness, amnesia, coma. The

intracranial lesion most often associated with concussion is ecchymosis

and laceration on the surface of the brain, but there may be no lesion

visible even if the case is a fatal one. Fatal concussion has been

observed where the marks of external violence were very slight or even

failed entirely, as illustrated by the two following cases cited by

Vibert:[608]

Vibert made an autopsy on a man who had been struck by a pitchfork,

one of the teeth of which struck behind the ear, the other two in the

face, only producing slight skin wounds. The man immediately lost

consciousness and died in two days in coma. No lesion whatever was

found within the skull, and only three slight ones externally.

He observed another case where the man fell three or four metres

into an excavation, landing on his feet, and died in a short time.

On autopsy only slight erosions and no intracranial or extracranial

lesions were found.

This case belongs to a rare class where the blow is transmitted through

the spinal column without sign of injury externally or internally to

the head.

The following case cited by Vibert is even more remarkable in the

production of the severe though not fatal concussion: An officer

was riding at full speed on horseback, when his horse suddenly

stopped short. By great exertion the officer clung to the horse, but

immediately lost consciousness. His fall from the horse was broken by

those about him, and the concussion he received was not due to the

fall, but to the shock of stopping suddenly when his momentum was great.

As a rule, however, the diagnosis of concussion, especially if it is

severe enough to be fatal, is easily made by the marks of external

violence with or without intracranial lesions. The effects of

concussion may be transient and leave no trace, but, on the other

hand, they may be prolonged and severe, _i.e._, paralysis, aphasia,

loss of memory, imbecility, etc. The medical examiner should be on

his guard against simulation in respect to these prolonged effects of

concussions. One of the most frequent consequences of concussion is

temporary amnesia, which ordinarily succeeds immediately after the

injury, but sometimes develops more slowly. The following curious case

is quoted from Lutaud as cited by Brouardel:

A woman in getting out of a train at Versailles, where she had gone

to attend the funeral of a relative, was struck by the door of the

compartment. She fell, but did not lose consciousness, and picked

herself up, but forgot what she had come for.

Another result of an injury which has caused a contusion or contused

wound may be a fracture or dislocation. Fractures and dislocations of

special parts will be referred to later, in considering injuries of the

several regions of the body, but it seems appropriate here to refer to

some of those general considerations relating to these injuries which

may especially demand the attention of the medical expert.

=Fractures= may be produced by blows or falls, or from muscular action.

The medical witness may be questioned as to the cause of the fracture

or, if it was produced by a blow, whether a weapon was used or not, as

the defence is likely to assert that it was caused by an accidental

fall. The nature of the associated wounds and contusions, if any exist,

may, as we have seen, indicate the weapon used. If anything exists to

indicate that a fall which caused the fracture was not accidental, this

should be noted, as the assailant is responsible for the effects of the

fall.

A number of conditions influence the ease with which a fracture is

produced and account for a fracture being due to a slight injury, and

so are mitigatory circumstances in the case.

Fractures are more easily produced in the old and young, especially

the former, than in the adult from the same force. This is due to

brittleness of the bones in the old and their small size in the

young. Certain diseases like syphilis, arthritis, scurvy, carcinoma,

and rickets make the bones more frangible, and there is a peculiar

brittle condition of the bones known as _fragilitas ossium_, more or

less hereditary, in which the bones become fractured from very slight

violence. Mercer is quoted by Taylor as stating, but on how good

authority it does not appear, that in general paralysis of the insane

the bones are particularly liable to fracture. Certain it is that not

uncommonly insane patients are found dead with single or multiple

fractures, but the attendants are generally convicted.

In some parts, like the orbital plate of the frontal bone, the bone is

very thin and brittle, but brittleness from any cause only mitigates,

it does not excuse.

Taylor[609] reports a case in point where it was proved that the bones

of the skull were thin and brittle, and the fractured skull proved

fatal from inflammation of the brain. The punishment was mitigated

owing to the circumstance of the brittleness of the bones.

SPONTANEOUS FRACTURES may occur from only a moderate degree of muscular

action, and even where there is no disease of the bones, but the

above-mentioned condition of fragilitas ossium, rendering the bones

more brittle, aids in the production of such fractures. The olecranon,

patella, and os calcis are particularly liable to such fractures, but

the long bones of the ribs and extremities are sometimes so fractured,

as instanced in the following cases cited by Taylor:[610]

The humerus of a healthy man has been broken by muscular exertion

simply by throwing a cricket ball.[611] In 1858 a gentleman forty years

old, during the act of bowling at cricket, heard a distinct crack like

the breaking of a piece of wood. He fell immediately to the ground, and

it was found that his femur was fractured.

Again, in 1846, a healthy man, æt. 33, was brought to Gray’s Hospital

with the following history: He was in the act of crossing one leg over

the other to look at the sole of his foot, when something was heard to

give way; his right leg hung down and he was found to have received

a transverse fracture of the femur at the junction of the middle and

lower thirds.

The writer had a case in Bellevue Hospital during the past winter

(1892-93) of a man who stated that he had been well and active until

some weeks previously, when, from muscular force alone, he sustained a

fracture of the neck of the femur. Something abnormal in the bone may

be present in such cases.

In cases of spontaneous fractures there are no marks of external

violence which, if present, would remove the idea of spontaneity.

Fractures of the extremities are not dangerous _per se_, unless they

are compound or occur in old, debilitated, or diseased persons, and

they are more severe the nearer they are to a joint. The healing of

fractures is more rapid in the young than in the old and in the upper

than in the lower extremity. It is not proven that adiposity of itself

impedes union.

The question may be asked, how long before examination a given bone was

fractured. As a rule, we can only say as to whether the injured person

has lived a long or short period since the injury, as the process of

repair varies according to age and constitution. No changes occur until

eighteen to twenty-four hours, when lymph is exuded. According to

Villermé the callus is cartilaginous anywhere between the sixteenth

and twenty-fifth days, it becomes ossified between three weeks and

three months, and it takes six to eight months to become like normal

bone.

The question may also be asked: Has a bone ever been fractured?

The existence and situation of a fracture can often be recognized

long after the accident, by the callus or slight unevenness due to

projection of the edges or ends of the fragments. Where the bone lies

deeply covered by soft parts, it is difficult and often impossible to

tell, long after union has taken place, whether or where a fracture has

occurred.

The answering of this question may sometimes be of importance in

identifying the dead, especially in the case of skeletons. In the

latter instance by sawing the bone longitudinally we can tell by the

thickness, irregularity, or structure of the bone tissue whether a

fracture existed, and if it were recent or old at the time of death.

=Dislocations= call for a medico-legal investigation less often than

fractures. They are less common in the old and where the bones are

brittle, when fracture occurs more readily. They are seldom fatal _per

se_, unless between the vertebræ or when compound. They may occur from

disease in the affected joint or even spontaneously. The diagnosis of

a dislocation is easy until it has been reduced, and then it may leave

no trace except pain in and limitation of the motion of a joint besides

swelling and ecchymosis. These effects are transient, and after they

have disappeared it may be impossible to say whether a dislocation has

existed on a living body, unless, as sometimes occurs, especially in

the shoulder joint, there may be a temporary or permanent paralysis

of a nerve and muscular atrophy. After death, the existence of an old

dislocation may often be recognized on dissection by scar tissue in and

about the capsule.

EXAMINATION AND DESCRIPTION.

The examination of wounds or injuries in a case which is or may become

the subject of a medico-legal investigation should be made with

particular care and exactness.

As the examination of the wounded person is to give most, and in some

cases all, the information to the medical expert on which he is

to base his testimony, it should be made with reference to all the

possibilities of the case.

The particular variety of wound as described in the foregoing section

should be noted, and any peculiarities as to its situation, shape,

extent, length, breadth, depth, direction, and the parts involved.

Besides these points, the condition of the edges of the wound, whether

swollen and ecchymotic, smooth and straight or dentated and irregular,

and whether inverted or everted and gaping, are matters of importance.

The presence or absence of coagula and clots, the staining of the

tissues with blood, the presence of ecchymosis and its comparative age,

as shown by its color, should also be noted.

Many of the above points help us in solving another problem, namely,

the form of the instrument used. This question will be discussed

in a subsequent section, but the basis for our opinion is founded,

of course, on an examination of the particulars of the wound. The

solution of still another question which often arises and which will

be discussed in the next section, namely, whether a wound was produced

before or after death, is based upon particular features of the wound

such as the fluid or clotted condition of the blood on the surface,

or ecchymosed in the tissues, also the amount of the hemorrhage as

compared to the vascularity of the part as well as the greater or less

staining of the tissues with blood, and the conditions of the edges,

whether inverted or everted and whether or not retracted. The question

as to whether a wound was directly, secondary or necessarily the cause

of death, is determined, in part at least, by examination of the wound.

In this connection we take note as to whether a wound has opened or

divided a large vein or artery or is situated in such a vascular part

as to be fatal from hemorrhage. We also note whether death could have

been due to shock from the situation of the wound, or whether an

inflammation which was directly responsible for death was necessarily

due to the wound, as in case of a penetrating wound of the viscera,

etc. Further, we note whether one of the many forms of wound diseases

from infection of the wound has complicated the case and caused death

in the case of a wound not otherwise necessarily fatal. It may be added

that often the necropsy aids us in the solution of the question as to

whether the wound was the necessary and direct cause of death, by

showing a healthy or diseased condition of the viscera.

The question as to which of a number of injuries was first inflicted,

also as to the relative position of the victim and assailant, can be

answered, if at all, only by an accurate and close examination of the

wounds.

Finally, the most important question of all, from a medico-legal

standpoint, namely, the distinction between homicidal, suicidal, and

accidental wounds, is decided or inferred from the characteristics of

the wound after careful examination.

All the foregoing questions contribute to the solution of this the

most important one. The various questions referred to above will be

considered at greater length in the subsequent sections. They have been

merely referred to in brief above, to show the various lines of thought

a medical examiner must have in mind in making an examination.

As to the act of examination itself, the physician should conduct

it in such a way as not to harm the wounded person. Often simple

inspection is the most that can be done, or the examination may have

to be deferred altogether until the physician in charge informs the

court that an examination may be safely made. It is often necessary

for the expert to get information as to the original lesion from the

physician in charge. If the wound has been a fatal one and if we are

called in after death, we may examine the wound on the dead body with

much more freedom. Here we may examine the depth, direction, etc., of a

punctured wound by cutting down on a probe or director. After careful

inspection of the wound we may examine it by palpation, and go on to

the dissection of the wound and the surrounding parts, tracing and

noting the various vessels, muscles, etc., involved in the wound, and

looking for the presence of any foreign body in the wound.

Furthermore, if the cause of death be at all obscure, we should examine

not only the wound itself and the parts about the wound, but also, by

an autopsy, all the cavities and organs of the body. For death may have

been due to natural causes in an organ not examined, if the examination

has not included all, and the physician has to disprove it.

In examining at an autopsy the depth of a wound in reference to the

instrument which caused it, it should be borne in mind that the wound

may be deeper than the weapon owing to a depression of the surface by

the handle of the weapon. This may appear especially marked in the case

of the movable viscera, as at the time of the accident the viscus may

have been as near as possible to the surface, and at the examination as

far as possible from the surface, as in the case of a given coil of the

intestines. Also the thorax when opened at autopsy enlarges or expands

a little, so that the measured depth of a wound may be greater than the

weapon which caused it. Vibert[612] mentions a case of a penetrating

wound of the thorax involving the heart, where the measured depth of

the wound was 0ᵐ.035 greater than the length of the instrument. This

may also be accounted for by a depression or flattening of the thorax

by the blow, as in the case of soft parts. It is often difficult in an

examination to measure accurately the depth of a wound, for one may

find it hard to determine the precise end of a wound. Also, for exact

measurement it is necessary to have the parts in the same position as

at the time of the accident, and these parts are more or less displaced

by the necessary dissection.

Besides the examination of the wound there are other points the

examination of which may aid us in solving the problems presented by a

case. Among these, the examination of the clothing or dress is perhaps

the most important. This may indicate the weapon used in an incised or

punctured wound. Contused and lacerated wounds or fractures, etc., may

be produced without injuring the clothing. Blood, dirt, or grease on

the clothing may throw light on the case. In self-inflicted wounds the

wound in the clothing and that on the body may not and often do not

correspond, as an intending suicide often (a murderer rarely) opens

the clothing to select the spot for the wound. The wound in the dress

is then added by a second blow not corresponding to the first. In this

way we may sometimes distinguish between a homicidal and suicidal

wound, and thus remove a false suspicion of murder or show that a wound

was self-inflicted to conceal other crimes or to falsely impute it to

another. The suspicion of homicide in accidental wounds may be cleared

up by an examination of the dress, as in the following instance related

by Taylor:[613]

A woman was found dead in bed with two indentations about the middle

of the right parietal bone, a large superficial clot here and three

ounces of clotted blood between the dura mater and skull, which latter

was fractured over an area of four inches. No other cause of death was

found. The evidence brought out the facts that she had been knocked

down the evening before, about 7:30 o’clock, by a man accidentally

running into her. She fell on the back of the head, was stunned, raised

up, and stimulated; she then walked home, ate her supper, and was

last seen at 9 o’clock by a fellow-lodger who let her in and noticed

nothing unusual. The next morning she had evidently been dead some

time. Suspicion fell upon the lodger, who had often quarrelled with

her, and the two claws of a hammer found in his room corresponded more

or less closely with the two indentations found in the skull. At the

adjourned inquest, however, the _bonnet_ worn by the deceased at the

time of the accident was found to have two indentations on the back of

it corresponding to those on the woman’s skull and containing dust and

dirt, and rendering probable what from the history seemed unlikely,

that the fall in the road caused the fatal injury. The examination of

the dress thus avoided an unjust accusation of murder.

Contused and lacerated wounds and fractures or dislocations may be

produced without injury to the dress, especially if the latter be

elastic or yielding. The comparison of the wound in the clothes with

that on the body may indicate the position of the body at the time of

the blow. The examination of the clothes of the injured person may

indicate a struggle which would support the idea of homicide. A blunt

instrument may indirectly cause an injury by striking something in or

on a person’s clothes. Instances have been reported where a wound has

been caused by an article in the pocket, or worn outside the clothing,

without any trace of an injury to the clothes or pocket lining.[614]

The examination of the dress may further show which of several cuts or

stabs was first inflicted. This is shown by the staining of the edges

of the cuts in the clothing, the edges of the first cut or stab showing

no blood-stain or only on the inner surface, as the knife is clean

of blood on entering and all that is removed by the clothing on its

withdrawal is found on the inner edges. If the edges of the cuts in the

outer layers of clothing are bloody, it is evident that the knife was

already bloody when used, and the corresponding wound was not the first

inflicted.

The imprint of the bloody hand of the assailant may sometimes be found

on the clothing of the one injured, and is especially important as

evidence, when the hands of the assaulted are not bloody. In the case

of a severe wound, especially if it is likely to become the object of a

criminal investigation, the physician should always require to see the

dress of the wounded. The examination of the clothing which the accused

wore at the time the assault took place may give important evidence by

showing evidences of a struggle or blood-stains. Absence of the latter

would not prove the innocence of the accused, as the clothes actually

worn may be destroyed and others substituted, or the marks and stains

may be removed. In the latter case, the eye of a medical man may detect

traces of blood which otherwise would go unnoticed, and a microscopical

and chemical examination would reveal the real character of the stain.

Besides the examination of the clothing of the accused, the examination

of his person may furnish evidence of his being engaged in a more or

less desperate struggle by the scratches, marks of nails, contusions,

bites, etc., on the face, neck, front of chest, forearms, and hands.

If the accused should attempt to explain these wounds and spots, the

latter may or may not verify the explanation, and thus additional

evidence may be obtained as to the guilt or innocence of the accused.

It is well for the medical expert, as well as for others, to collect

the statements of the wounded person relative to the circumstances of

the injury. Also, if the accused will vouchsafe any such statements we

may compare these with one another and with the facts indicated by the

wound, etc.

Other points to examine, especially in cases of suspected suicide,

may be briefly mentioned. The presence of the weapon in the hand of

the victim and firmly grasped in general indicates suicide, if it

corresponds to the weapon causing the wounds, for otherwise it may

have been used for defence. If not in the hand, note the spot where

the weapon was found. In the case of a suicide, the hand as well as

the weapon held by it is likely to be bloody, also in case of murder

the generally empty hand is apt to be bloody, as the hand is naturally

carried to the wound.

We cannot further describe the many points which the medical examiner

should bear in mind in making an examination in a medico-legal case,

without repeating too fully what will be given at greater length in

subsequent sections, reference to which should be made for further

particulars. Tardieu proposed as a basis for examining and studying

wounds, (1) to visit the wounded person and see what state he is in,

and to determine (2) the nature, (3) the cause, (4) the consequences

of the wound. Also if the wounded person is dead (5) to examine the

body for the cause of death in order to see if the latter is due to the

wound. Also (6) to determine the circumstances of the affray.

=The description= of a wound should be given in plain language,

avoiding the use of scientific terms or expressions, so as to be

readily understood by judge and jurors. Otherwise the usefulness of the

medical expert is very much decreased. The description should also be

precise and sufficient to justify the conclusions arrived at as to the

cause of a wound, its gravity and results, and the weapon used. With

a view to exact statement in description, it is well to take notes as

to the result of the examination and not depend merely on memory. The

object of the witness should be to be understood and not to be thought

thoroughly scientific.

WAS THE INJURY INFLICTED BEFORE OR AFTER DEATH?

This is a question which may often be asked in cases of fatal injuries,

and it is one which must be answered as definitely as we are able, for

the defence may rest on the assertion that the wound or injury was post

mortem and not ante mortem. What are the means we have to enable us to

answer the above question? The most important factor is the condition

of the blood and the changes that it undergoes after death. For some

hours after death the body retains its animal heat. As long as this is

retained rigor mortis does not set in and the blood is more or less

fluid. This period varies, but on the average it does not last longer

than eight or ten hours. Before this time, however, the blood has begun

to undergo certain changes. These changes result in the inability of

the blood from a post-mortem wound to coagulate completely. At first

the greater part may coagulate, but after a time coagulation is less

and less complete, and the coagula are not as firm as those from the

blood of a living person. The period at which these changes occur also

varies, but they may generally be clearly noticed in from three to four

hours after death, or even sooner. In the first two to four hours after

death, therefore, as far as the condition of the blood is concerned, it

may be difficult or impossible to say whether a wound was made before

or soon after death. In other words, this difficulty exists as long as

the tissues of the body live after the body as a whole is dead.

There are certain general pathological or occasional conditions of the

body in which the blood during life does not coagulate at all or only

imperfectly, as in scurvy and in the case of the menstrual blood. Also

blood in a serous cavity, especially if it be abundant or there exists

inflammation, is found not to coagulate or only imperfectly. Post

mortem the blood remains liquid long after death in cases of death by

drowning, asphyxia, etc., and in such cases hemorrhage may be free in a

wound made some time after death. Furthermore, after putrefaction has

set in the blood again becomes more or less liquid, and may flow away

from a wound like a hemorrhage, but it no longer coagulates.

The principal signs of a wound inflicted during life are (1)

hemorrhage, (2) coagulation of the blood, (3) eversion of the lips of

the wound, and (4) retraction of its sides.

1. HEMORRHAGE varies in amount with the size of the wound, the

vascularity of the part, and the number and size of the large vessels

involved. In incised or punctured wounds the amount, as a rule, is

quite considerable. If there is a free exit most of the blood runs

off; the rest stays in the wound, where it soon coagulates with the

exceptions mentioned above. But besides partly filling the wound in

the form of a clot, the edges of the wound are deeply stained with

the coloring matter of the blood, and this stain cannot be removed by

washing. This staining involves especially the muscular and cellular

tissues.

Further, a hemorrhage during life is an active and not a passive one;

the blood is forced into the interspaces of the tissues in the vicinity

of the wound, and is found infiltrated in the cellular tissue, the

muscles, the sheaths of the vessels, etc. It is here incorporated,

as it were, with the tissues so that it cannot be washed away. In an

ante-mortem wound the arterial nature of the hemorrhage may show by

the marks of the jets of blood about the wound or on the clothes or

surrounding objects. When a large vessel has been divided and the

exit for the blood is free, this may run off without infiltrating the

tissues or even staining the edges to any considerable extent, and

there may remain but little in the wound. In the case of lacerated and

contused wounds the amount of hemorrhage is less, but rarely fails

entirely, and if the wound is in a vascular part it is liable to cause

death from hemorrhage, though a whole limb may possibly be torn off

without much hemorrhage. In the latter case, however, there are usually

found clots of blood adhering to the edges of the lacerated wound

and the ends of the vessels. In contusions where there is no wound

of the skin the blood is prevented from flowing externally, and its

accumulation and distribution form an ecchymosis. Here again we see the

active power of the hemorrhage which infiltrates between the tissues,

stains them deeply, and appears either as a mere stain or in fine

clots incorporated, as it were, with the tissues or partly occupying a

cavity formed by an extensive displacement of the surrounding parts.

The amount of blood varies under the same conditions as in incised

wounds, and also according to the greater or less disintegration of

the tissues by the blow, allowing a larger or smaller central cavity

to be formed. In “bleeders” the amount of the hemorrhage does not

vary under the normal conditions, but a fatal hemorrhage may occur

from a very insignificant wound. After hemorrhage from a wound made

during life the veins are empty about the wound, especially those

situated centripetally, while normally after death the blood is mostly

aggregated in the veins. They are the source of post-mortem hemorrhage,

but do not empty themselves to any great extent.

The _hemorrhage from a wound made after death_ may be extensive if

the blood remains fluid as in the cases mentioned above, _i.e._,

after death from drowning or asphyxia or after the commencement of

putrefaction. Otherwise the amount of hemorrhage decreases with the

length of time after death, until the blood loses its fluidity and

hemorrhage no longer occurs. In general, it is slight unless a large

vein is opened, for the veins are the source of the hemorrhage. There

is usually scarcely any hemorrhage after the first two to four hours.

This applies also to subcutaneous hemorrhages or ecchymoses. These

post-mortem hemorrhages are passive and not active, consequently there

is less infiltration of blood into the surrounding tissues, which

merely imbibe it, and the stain is less deep and may be washed off the

edges of the wound, in contrast to the stain of ante-mortem wounds.

After putrefaction has set in the hemorrhage may be more abundant,

as the blood is driven to the surface by the formation of gas in the

abdomen and thorax. At the same time, the coloring matter of the blood

transudes through the walls of the veins and is imbibed by and stains

the tissues, so that it may be impossible to distinguish it from a true

ecchymosis. Fortunately these conditions are of small moment, as an

examination is seldom deferred so long.

CADAVERIC ECCHYMOSES show almost invariably while the body is still

warm and the blood more or less liquid, _i.e._, during the first eight

or ten hours after death. They are not due to injury or violence before

or after death, but they may closely resemble ecchymoses produced on

the living body and be mistaken for them. This is the more important as

they are quite constant on the cadaver.

In this connection, it may be said that an ecchymosis due to a blow

before death may not show till after death, as it requires some time

for a deep ecchymosis or even an ecchymosis covered by a thick layer

of skin to show superficially. Thus a man kicked in the abdomen died

thirty-five hours after the injury from peritonitis, due to a rupture

of the bladder. No ecchymosis appeared at the site of the injuries

until after death. It is not uncommon in cases of hanging to observe

an ecchymosis along the course of the cord appearing only after death.

Huize met with a case of this description. Devergie remarked that on

the bodies of those drowned ecchymoses are often hidden for a time on

account of the sodden state of the skin, and they appear only after

the water has evaporated, which may require some days. Furthermore,

it is not necessary to survive long after an injury in order that an

ecchymosis may show post mortem. If the blood is fluid at the time of

the blow and any capillaries or larger blood-vessels are torn, then we

may have an ecchymosis though death be almost instant. Casper thought

that it required some time before death for an ecchymosis to develop,

and that if the person injured by a contusion died soon after the

injury, an ecchymosis would not appear after death. There are many

well-authenticated cases to prove that Casper’s opinion is wrong. Among

the most famous of these is that of the Duchesse de Praslin.[615] She

was attacked and killed by her husband while she was asleep in bed.

The thirty or so wounds showed a mortal conflict, and she could not

have survived more than one-half hour, and yet after death there were

numerous ecchymoses from the contusions.

Another case is also mentioned by Taylor.[616] A young man died

suddenly after a blow from a companion, having been struck in the side

a fortnight before by a heavy box, which knocked him senseless and

nearly killed him. The post mortem revealed an ecchymosis on the side

which on the authority of Casper’s opinion was attributed to the old

injury. The color of the ecchymosis would be sufficient to settle all

such doubts, as the changes of color would have fully developed or the

color even disappeared in part in fourteen days’ time.

An ecchymosis made post mortem does not undergo the color changes

seen in ecchymoses during life, unless the tissues are œdematous in

which the ecchymosis occurs. These changes in color have already been

described, the deep blue changing to violet in eighteen to twenty-four

hours at the earliest. In support of the foregoing and disproving

Casper’s views, Christison found that within two hours after death

severe blows on a dead body are followed by a livid discoloration,

similar to those produced by a blow shortly before death. This livid

discoloration is due to the effusion of a very thin layer of blood

external or superficial to the true skin, sometimes in a stratum of

the true skin or more rarely into the cellular tissue, staining deeply

the partition walls of the fat-cells. Of course, a more or less recent

contusion or ecchymosis on a dead body was not necessarily produced at

the same time as the cause of death. It should be borne in mind in

this connection that ecchymosis is not a necessary result of a blow or

contusion.

According to Devergie, ecchymosis does not appear when a blow inflicted

post mortem is received by skin directly covering a bony surface

beneath, and rarely appears where there is a large amount of fat and no

solid point of resistance beneath the site of the blow.

We have already referred to the fact which Portal long ago remarked,

namely, that the spleen has been ruptured without ecchymosis or

abrasion of the skin. The same absence of ecchymosis has been noticed

in cases where the liver, stomach, intestines, bladder, etc., have been

ruptured as the result of contusing blows.

The following case cited by Taylor[617] illustrates this point. Henke

reported the case of a man who died of peritonitis a few hours after

fighting with another man. There was no mark on the skin or ecchymosis,

though there existed peritonitis from rupture of the small intestine.

The blow was proven by direct evidence, and though some medical

witnesses on account of the absence of external signs thought that no

blow could have been struck, others of more experience admitted that it

could have been the cause of the rupture.

Watson[618] reports a similar case of a girl nine years old who

received a blow from a shoe on the abdomen. This was followed by great

pain, collapse and death in twenty-one hours. No marks of injury were

visible externally, but peritonitis existed from rupture of the ileum.

A similar case is reported by Williamson,[619] where peritonitis

resulted from complete rupture of the ileum without any trace of injury

externally, though the blow was struck by the hoof of a horse.

Another case was brought into Guy’s Hospital[620] who had been run over

by an omnibus. No injury was discoverable, though the wheel had passed

over the chest and abdomen. He died of peritonitis, however, which set

in on the second day, and on post-mortem examination the liver and

small intestines were found ruptured.

Christison thought as the result of his experiments and experience

that the most reliable signs of an ecchymosis made during life, and

distinguishing it from one caused by a blow after death, were as

follows: The skin of the ecchymosed area is generally much darkened and

discolored from blood infiltrated through its entire thickness; the

skin is also much firmer and more elastic from swelling of the part if

the contusion is received some hours before death. But we may have an

effusion beneath and not in the substance of the skin, and the above

signs might possibly be due to an injury inflicted only a few minutes

after death. The above signs may therefore be absent, and when present

are not absolutely indicative of an injury received during life. In

general, the effects of severe contusions inflicted soon after death

may closely resemble those of slight contusions received during life.

There is little danger of contusion if the blow be inflicted on a dead

body after the loss of body heat and the beginning of rigor mortis.

2. COAGULATION OF BLOOD.—As stated at the beginning of this section,

blood from a wound inflicted during life coagulates with the exception

of that from those suffering from certain pathological or occasional

conditions or in certain locations, already mentioned. This coagulation

is not immediate, but is complete in about five minutes. The entire

amount of blood lost is thus coagulated and the coagula are firm. These

coagula (if the wound is not interfered with) occur in the opening of a

wound and on its edges, especially at the mouths of the blood-vessels,

which are thus plugged. The blood which infiltrates the interspaces of

the tissues is coagulated in the form of these interspaces. The same is

true of the blood of an ecchymosis whether there be a hematoma or only

an infiltration between the tissues, or both. These clots represent

more or less the form of the space occupied by the blood. In the case

of the scalp a subcutaneous clot may be mistaken for a depressed

fracture of the skull from the fact that the edges of the clot become

very hard while the centre is still quite soft. A wound in which a

large artery has been divided may present very little clotting in the

wound if the opening is free and the blood has mostly escaped in a jet.

In a wound produced soon after death there may be some clotting,

but less in amount, firstly, because there is less hemorrhage, and,

secondly, because not all the blood clots. These conditions increase

with the length of time after death, so that after a time a wound made

on a cadaver would show very little if any clotting owing to very

slight hemorrhage, and little or no clotting of the blood extravasated.

When the body has lost its animal heat and rigor mortis has begun to

set in, then there is no more coagulation of the blood and no more

hemorrhage, under normal conditions, for the blood has mostly become

clotted in the vessels of the body. Consequently, with the exception

of wounds inflicted very soon after death, we can distinguish an

ante-mortem from a post-mortem wound by the condition in which the

blood is clotted. If there is any hemorrhage, the wound being inflicted

before the loss of animal heat and the blood remains entirely fluid on

the surface or in an ecchymosis, we know that the wound was produced

after death and some hours after death unless any of those conditions

exist in which the blood does not normally coagulate. If the hemorrhage

is slight or quite moderate in amount and venous in character, if the

blood is only clotted in part and the clots are rather soft and do

not form a plug at the mouth of each artery, and especially if the

staining of the walls of the wound can be washed off, then the wound

was probably produced post mortem, but not so long after death as in

the first case supposed. If the characters of the hemorrhage and the

clotting are still more like those normal to a wound inflicted during

life, then, as a rule, it is impossible to say from these two features

of the wound, hemorrhage and clotting, whether the wound was inflicted

during life or a very short time after death.

3. EVERSION OF THE LIPS OF THE WOUND.—The edges or lips of a wound

inflicted during life may be inverted, instead of everted, if a thin

layer of muscular fibres is attached directly to the deep surface of

the skin, as is the case in the scrotum. The eversion of the edges of

the skin is due to their elasticity, and ceases to occur as soon as the

skin loses its vitality. Consequently eversion ceases to occur soon

after death, within a very few hours. A wound in which the edges are

neither inverted or everted was therefore inflicted after death. If

this sign is present and marked, the wound was inflicted during life or

within two or three hours or less after death. If this sign is present

but very slightly marked, the wound may have been made even somewhat

longer after death.

4. RETRACTION OF THE SIDES OF THE WOUND is also dependent on their

vitality and ceases to occur when this is lost a few hours after death.

In the retraction of the edges of the wound we have all the parts

involved, but unequally. The muscles, arteries, skin, and layers of

connective tissue all retract, varying in the degree of retraction

according to the order in which they are named. In different parts

of the body this comparative order of retraction is liable to more

or less variation. Every surgeon is familiar with this retraction

of the tissues, which necessitates certain rules in the technique

of operations, especially of amputations. Muscles retract the more

the longer they are and the farther the incision is made from their

attachment. Without specifying a definite time, we may say that, as

a rule, this retraction lasts no longer than about two hours after

death, consequently when it is absent we may infer that the wound was

inflicted two hours or more after death. The amount of retraction grows

less and less after death for about two hours, after which it is very

slight if it occurs at all, owing to the loss of elasticity of the

tissues. This sign is especially useful in the case of a mutilated

body where, by examining the degree of retraction of the muscles, we

may infer whether the mutilation was done before or after death. The

sides of a cut made on the cadaver are comparatively smooth and even,

owing to the absence of the unequal retraction of the various elements,

which makes the surfaces of a gaping ante-mortem wound uneven and

irregular. Relying on these circumstances in the “affaire Ramus,” cited

by Vibert,[621] one was able to recognize the order in which the body

had been mutilated.

OTHER MINOR SIGNS of a wound inflicted during life may be briefly

mentioned. If the edges of the wound are swollen, or show signs of

inflammation or gangrene, or if pus or adhesive material is present on

the edges of the wound, we may infer that the wound was inflicted some

little time before death. Of course, if cicatrization has commenced,

some days must have elapsed before death after the wound was received.

If the blow causing a contusion was inflicted some time before death,

there will be more or less of a general swelling of the region, partly

due to the blood effused, but also partly due to œdema.

It is not always easy to say whether a _fracture_ was produced while

the body was living or dead. If the body was still warm when a

post-mortem fracture was produced there is little difference from an

ante-mortem fracture, except that there may be a little less blood

effused. In a fracture produced after rigor mortis has set in there

is little or no blood effused. In the case of fractures the presence

of callus, indicating the process of repair, shows that the accident

occurred during life, and, as we have already seen, we may form some

idea of the length of time elapsed between the injury and the time of

death. On the cadaver it is said to be harder to cause fractures and

lesions of the skin than on the living body. Casper says that fractures

of the hyoid bone and the larynx are impossible after death, and he

also was not able to rupture the liver or spleen.

In distinction to the characteristic signs of a wound inflicted during

life, we may mention briefly some of the signs of post-mortem wounds

when the wound has been inflicted from two to ten or twelve hours or

more after death:

(1) The hemorrhage is slight in amount and may fail altogether.

(2) The character of the hemorrhage is venous, corresponding to the

source of the hemorrhage from the veins, the arteries being nearly

empty after death.

(3) The edges of the wound are not deeply stained, and this staining

may be removed by washing. The spaces between the tissues are not

infiltrated with blood.

(4) The blood remains either entirely fluid or, if there are clots,

these are _softer_ than those in an ante-mortem wound, and only a

portion of the blood is thus clotted. There are no clots plugging the

open mouths of the arteries on the surface of the wound; the veins may

or may not be closed by an imperfect clot.

(5) The skin of the edges is not everted or inverted.

(6) The sides of the wound do not gape and their surfaces are smooth

and even, as the tissues are not unevenly retracted.

RÉSUMÉ.—It is very easy from the foregoing to distinguish between a

wound inflicted before death and one ten or twelve hours after death.

If the hemorrhage has been abundant and arterial, if it has infiltrated

between and deeply stained the tissues and the stain cannot readily

be washed off; if the blood coagulates completely and the coagula

are firm and are found lying in the wound, plugging the vessels, and

incorporated with the tissues between which they lie; if the edges

of the skin are everted and the sides of the wound are retracted and

uneven—under these circumstances, we may be sure that the wound

was inflicted during life or a very short time after death. If, on

the contrary, the hemorrhage is slight in amount or almost fails

altogether; if it is venous in character; if the edges of the wound

are only stained by imbibition of the blood, which is not infiltrated

between the tissues, and the stain may be washed off; if the blood is

not at all or only slightly clotted and the clots are soft; if the skin

is not everted and the sides of the wound are smooth and lie nearly in

contact; if there are no clots plugging the divided arteries on the

surface—then we need have little hesitancy in saying that the wound

was produced after death, but probably not later than ten or twelve

hours after death. If the wound was inflicted still longer after death

and before putrefaction, then we would have a lack of the signs due

to hemorrhage, clots, staining, etc. If we find the conditions more

or less midway between the first two, we may be left in some doubt as

to the date of the injury. Thus if the hemorrhage is moderate, the

blood mostly but not altogether clotted and the clots moderately firm,

the skin slightly everted, and the sides slightly separated and not

altogether smooth on their surface; if the surfaces are fairly deeply

stained and the stain cannot be easily washed off—then we can only

say that the wound was inflicted during life or within two hours or

so after death, and this fact is often enough for the purposes of the

medico-legal inquiry.

The same is the case with contusions where there is no bleeding

externally. If we have a bluish, violet, green, or yellow tumor with or

without more or less superficial œdema; if this tumor fluctuates or is

hard, but in either case is elastic; if on incision the skin and the

tissue spaces are infiltrated with blood which is coagulated, or if

there is a cavity filled with clotted blood, the coagulum being firm

and the entire amount of blood coagulated—then the wound was inflicted

during life. If, however, the surface shows a bluish or violet color,

little or no swelling of the skin, which is of natural thickness, and

the ecchymosed area is not tense and elastic to the touch; if further

the blood is found on incision to be fluid or if coagulated only partly

so, and the blood is not infiltrated into the tissue spaces, but merely

imbibed by the tissues—then the blow was inflicted after death, and

probably more than two or three hours after.

In contusions especially we may have difficulty, as the sign of

fluidity of the blood may fail and putrefaction may modify the

conditions of the wound unless parts deep beneath the surface be

examined.

We see, then, that in some cases it is very easy to say that a wound

was inflicted post mortem. If a wound was not inflicted until ten or

twelve hours after death or even sooner, we cannot easily mistake it.

But in many cases it may be hard or impossible to say whether a wound

was inflicted during life or within an hour or two after death. Here

we must be cautious in expressing an opinion which should be guarded.

But we should remember that it is important to be able to state that a

wound was inflicted before or immediately after death, as no one but a

murderer would think of inflicting a fatal injury on a body immediately

after death. In such cases a well-guarded medical opinion may often

meet all the requirements of the case.

Granted that a given wound was produced before death. There are, then,

one or two questions which may arise, and which depend for their

answer on the length of time the wounded person could have lived and

the physiological or muscular acts which he could have performed after

receiving the injury and before death. The first of these questions may

be expressed as follows:

COULD THE VICTIM HAVE PERFORMED CERTAIN ACTS AFTER HAVING RECEIVED HIS

FATAL INJURY? The term “certain acts” here refers to almost any thing

or things which would require time and strength—in other words, the

continuance of life with bodily and mental powers for a certain time

after receiving a mortal injury.

This question may be raised in relation to an attempted alibi of the

accused, who may have been proved to be in the presence of the victim

a moment before death. If after this moment the victim has moved

from the spot or performed certain acts before death, the attempted

alibi may depend upon the answer to the question as to whether the

given acts of the victim were compatible with the fatal character of

the wound. An alibi can aid in the acquittal of the accused only when

the nature of the injury was such that death would be supposed to be

immediate or nearly so. Great care should be taken on the part of

the medical witness in answering this question, for after very grave

wounds, proving speedily fatal, the victim sometimes can do certain

acts requiring more or less prolonged effort, as shown by numerous

examples. Wounds of the brain are especially noticeable in allowing

a survival of several hours, days, or even weeks, during which time

the injured person may pursue his occupations. Where the survival

has lasted days or weeks, the alibi has no importance, but not if

the survival is of shorter duration. The following case is cited by

Vibert[1] and may be mentioned in this connection, though the wound

was caused by a bullet which traversed from behind forward the entire

left lobe of the brain. After the injury the victim was seen by

several witnesses to climb a ladder, though with difficulty, for he

had right-sided hemiplegia. He was found insensible more than half a

mile away, and did not die until six or eight hours after the injury.

Severe injury of important organs is sometimes not incompatible with

an unexpectedly long survival. Devergie cites two illustrations of

this which are quoted by Vibert.[622] A man received several extensive

fractures of the skull, with abundant subdural hemorrhage, and rupture

of the diaphragm with hernia of the stomach. The stomach was ruptured,

and nearly a litre of its contents was contained in the left pleural

cavity. Notwithstanding all this, he was able to walk about for an hour

or so and answer several questions. He died only after several hours.

Another man, crushed by a carriage, received a large rupture of the

diaphragm, complete rupture of the jejunum, and rupture and crushing of

one kidney. Yet he walked nearly five miles, and did not die until the

next day.

More rarely wounds of the great vessels are not immediately fatal.

M. Tourdes is quoted by Vibert[623] as citing the case of a man who

descended a flight of stairs and took several steps after division

of the carotid artery; also of one who lived ten minutes after a

bullet-wound of the inferior vena-cava.

Even wounds of the heart are not as speedily fatal as is commonly

supposed, and often permit of a comparatively long survival.

Fischer[624] found only 104 cases of immediate death among 452 cases

of wounds of the heart, and healing occurred in 50 cases among 401.

Vibert[625] mentions two striking cases of long survival after wounds

of the heart. A woman received a stab-wound which perforated the

right ventricle, causing a wound one centimetre long. She did not die

until twelve days later, when on autopsy there was found an enormous

extravasation of blood in the left pleural cavity and pericardium. The

second case, though one of bullet-wound, is equally applicable and

instructive in this connection. A man received a bullet-wound which

perforated the left ventricle, the bullet being found later in the

pericardium. After being wounded he threw a lamp at his assassin which

set fire to the room. He then went into the court-yard, drew some

water, carried it back in a bucket, extinguished the fire, and then lay

down on his bed and died.

In studying the wounds of different regions of the body, we may find

many other mortal wounds which, though speedily fatal, leave the

possibility of more or less activity before death. We see, therefore,

that even in those wounds which are commonly supposed to be immediately

fatal, even by many medical men where attention has not been called to

the exceptions, such exceptional cases are not uncommon in which death

is not immediate. Time and even strength may thus be allowed for more

or less complicated activity. An alibi cannot, therefore, be allowed

without question on the part of the medical expert, who must exercise

great caution in expressing an opinion. The second question which may

sometimes arise in connection with the last, but having little to do

with the subject of this section, is the following:

HOW LONG BEFORE DEATH HAD THE DECEASED ACCOMPLISHED CERTAIN

PHYSIOLOGICAL ACTS? For instance, how long after a meal did he die?

This is hard to answer with precision, as digestion varies with the

individual, and digestion begun during life may go on to a certain

extent after death. We may be able to say if digestion has just

commenced, is well advanced, or has terminated. What was eaten at the

last meal may be learned by the naked eye, the microscope, the color of

stomach contents and their odor. The state of the bladder and rectum is

sometimes called in question. All the above facts have less bearing on

the case than those in relation to the former question.

THE CAUSE OF DEATH FROM WOUNDS.

The cause of death should be certain and definite. In reality, there is

only one real cause, though one or many circumstances may be accessory

causes. In most cases of death from the class of wounds which we have

been considering, there is no difficulty in determining the cause of

death so as to be able to state it definitely. But if the deceased had

recovered from the first effects of the wound and then died, or if

death seems as much due to disease as to injury, then the _real_ cause

of death may be obscure. If the medical witness is in doubt as to which

of two causes was the primary cause of death the doubt should be stated

at once, as it may weaken the testimony if brought out later.

Wounds may be directly or indirectly fatal. They are directly fatal if

the victim dies at once or very soon after the wound, with no other

cause internally in his body or externally from his environment. Wounds

are indirectly or secondarily fatal if the injured person dies from a

wound disease or complication, the direct consequence of the wound,

or from a surgical operation necessary in the treatment of the case.

Wounds may also be necessarily fatal either directly or secondarily,

or not necessarily fatal. In the latter case death may be due as

much, if not more, to other causes than the wound, and sometimes not

at all to the wound itself. Thus death may be due to natural causes,

latent disease, an unhealthy state of the body, imprudence or neglect

of treatment, or improper treatment, etc. These various degrees of

responsibility of a wound as the cause of death we will now consider

more at length.

I. WAS THE WOUND THE CAUSE OF DEATH DIRECTLY?

If so, it must have caused death in one of the following ways:

1. =Hemorrhage.=—This may act by producing syncope. But the amount of

the hemorrhage may not be sufficient for this result, and still cause

death by disturbing the function of the organ into which it is effused,

as in the brain or in the pleural or pericardial cavities. The blood

here acts mechanically. Blood in the trachea may also kill mechanically

by causing asphyxia.

The _amount_ of hemorrhage required to produce syncope varies under a

variety of circumstances. Less is required in the very young, the aged,

and the diseased, also less in women than in men. Young infants may

die from hemorrhage from very slight wounds, even from the application

of a leech or the lancing of the gums. A sudden loss of blood is much

more serious than an equal amount lost slowly. This is the reason that

the wound of an artery is more serious and more rapidly fatal than

a similar loss of blood from other sources. It is hard to specify

the absolute quantity which must be lost in order to cause death by

syncope. The total blood in the body is about one-thirteenth of the

weight of the body, making the total amount of blood weigh about twelve

pounds. Of this, about one-fourth is in the heart, lungs, and large

blood-vessels. According to Watson, the loss of an amount varying from

five to eight pounds is enough to be fatal to an adult. But less is

enough to prove fatal in many cases, as the rapidity of the loss of

blood and the age, sex, and bodily condition of the wounded person

affect the amount necessary. Though death from a small artery is

slower than that from a large one, yet it may occur in time, as shown

in the instance quoted by Taylor,[626] where a man bled to death in

thirty-eight hours from the wound of an intercostal artery. Thus, too,

a wound of the branches of the external carotid artery is often enough

to cause death, and a wound in a vascular part may cause death from

hemorrhage, though no vessel of any size be divided.

INTERNAL HEMORRHAGE may be fatal from mechanical interference with the

function of an organ, as well as from syncope. Thus we may have death

from syncope due to hemorrhage into the peritoneal cavity or, after

contusions, into the intercellular spaces and the cavity due to the

blow, into which several pounds of blood may be extravasated. Internal

hemorrhage is most fatal when due to the rupture of a viscus such as

the heart, lungs, liver, kidney. Taylor[627] cites a case of a man

run over and brought to Guy’s Hospital in November, 1864. He had pain

in the back, but there were no symptoms or marks of severe injury. He

left the hospital and walked home, where he was found dead in bed a few

hours later. His abdomen contained a large amount of blood from the

rupture of a kidney. After severe flagellation blood may be effused in

large quantity beneath the skin and between the muscles, which is just

as fatal as if it had flowed externally from a wound. In fact, if the

injuries are numerous the loss of much less blood is enough to prove

fatal, the element of shock here assisting that of hemorrhage.

_How are we to ascertain whether a person has died from hemorrhage?_

This may be more difficult in the case of an open wound, for the body

may have been moved from the spot where it lay after the wound was

received, and the blood on the body, clothes, and surrounding objects

may have been removed. Then the case may be presumptive only, but we

may arrive at a definite conclusion by attention to the following

points: If the wound was in a very vascular part and of some size, or

if a large vessel or many moderately large vessels were divided and

the vessels, especially the veins in the neighborhood, are empty, then

we may be quite sure of death from hemorrhage. If there is no disease

found which could be rapidly fatal the case is still stronger. The body

should be pallid after fatal hemorrhage, but the same may be the case

from death from other causes. In case the body and surrounding objects

have not been disturbed, then the amount of clotted blood in the wound,

on the body and clothes, and about the body, taken in connection with

the foregoing points, can leave no doubt. We should remember, however,

that not all the blood about the body was necessarily effused during

life, but a little hemorrhage may have occurred after death while the

body was still warm and the blood fluid, _i.e._, during the first four,

eight, or ten hours. But the amount thus lost is small. In cases of

death from internal hemorrhage we do not have so much difficulty in

pronouncing an opinion, as by post-mortem examination we can determine

the amount of the hemorrhage. We can judge, too, from its position,

whether it has acted mechanically to interfere with a vital function,

and has thus caused death, or whether the latter was due to syncope

from the quantity lost.

=2. Severe mechanical injury of a vital organ=, such as crushing of

the heart, lungs, brain, etc. This crushing may be accompanied by

hemorrhage, but death may be more immediate than the hemorrhage would

account for. The mechanical injury done to the vital centres in the

medulla by the act of pithing is the direct cause of the sudden death

which follows it. Exceptionally slight violence to a vital organ is

fatal, but this may be better explained by attributing it to shock.

=3. Shock.=—An injury is often apparently not enough to account for

the fatal result so speedily. The marks of external injury may fail

entirely or be very trifling. Thus more than once persons have died in

railway collisions with no external marks of violence. So, too, a blow

on the upper abdomen, on the “pit of the stomach,” has been rapidly

fatal without any visible injury to the viscera. Death is attributed to

the effect on the cardiac plexus, and there may be no marks externally

or only very superficial ones. In Reg. _v._ Slane and Others (Durham

Wint. Ass., 1872), quoted by Taylor,[628] the deceased was proved to

have sustained severe injuries to the abdomen by kicks, etc., but there

were no marks of bruises. All organs were found healthy on post-mortem

examination, but the injured man died in twenty minutes. Death was

attributed to shock and the prisoners were convicted of murder.

Death from concussion of the brain is another example of death from

shock. This may occur with only a bruise on the scalp and with no

intracranial hemorrhage or laceration of the brain. The medical witness

should be cautious in the above classes of cases in giving evidence, as

the defence may rely upon the absence of any visible signs of mortal

injury to prove that no injury was done, a principle fundamentally

wrong.

Also a _number of injuries_, no one of which alone could be the direct

cause of death, may cause death on the spot or very soon afterward.

Death in such cases, where there is no large effusion under the skin,

is referred to exhaustion, which, however, is merely another term

for shock. Such cases are exemplified by prize-fighters who, during

or after the fight, become collapsed and die of exhaustion. Having

sustained numerous blows on the body during the many rounds, the body

presents the marks of various bruises, but there may be nothing else

to explain the sudden death. No one injury or bruise is mortal, and

yet, when the deceased was previously sound and in good health, death

must be referred directly to the multiple injuries received in the

fight. We have already stated above that if the injuries are numerous,

the loss of a smaller amount of blood may be fatal. We see, therefore,

that there is not always a specific and visible “mortal” injury to

account for death. This is a well-known medical fact, but it does not

accord with the erroneous popular prejudice that no one can die from

violence without some one visible wound which is mortal. In other

words, the non-professional mind leaves out of account the idea of

shock, only regarding material injury and not functional disturbance.

If the circumstances accompanying death are unknown, it is well to be

cautious. But if the deceased was in ordinary health and vigor and

there was no morbid cause to account for the sudden death, we need not

hesitate to refer death to the multiple injuries.

II. WAS THE WOUND THE CAUSE OF DEATH NECESSARILY?

This brings up a number of interesting questions to be considered. In

medical jurisprudence there is probably no condition so common as that

the injury is admitted, but death is attributed to some other cause.

Thus _if there are several wounds_ it may be hard to decide on the

relative degree of mortality of any particular one, so as to be able to

say that death was directly or necessarily due to this or that one. The

defence may plead that death was not necessarily due to the particular

wound attributed to the prisoner. This brings up the question—

=Which of two or more Wounds was the Cause of Death?= No general

rule can be laid down for all cases, but each case must be judged

by itself. Another way of putting the question is: “_Which of two or

more wounds was mortal?_” The questions are not quite synonymous, for

two or more of the wounds might be “mortal” but not equally the cause

of death. In fact, as we have already seen, no one of the wounds if

they are multiple may be of itself mortal, but taken together they

are so. Consequently we will suppose that there are but two wounds,

and not multiple ones, and the question remains which of these wounds

was the cause of death. A wound may be said to be of itself mortal

when it is the cause of death directly or indirectly in spite of the

best medical assistance. In some continental states mortal wounds are

divided into two classes, those absolutely and those conditionally

mortal, the former including those in which the best medical assistance

is at hand, sent for or timely rendered without everting the result.

The mortal result in the second class is conditional on want of

treatment, improper treatment, or accidental circumstances. As Taylor

says, it is better to look at the effect of the wound and the intent

of the assailant, as is done in English law, rather than at accidental

relations of the wound.

To return to the question, we can readily imagine that a man may

receive two wounds at different times or from different persons, and

die after the second wound. Taylor[629] mentions the following case

in which the question arose as to which of two injuries caused death:

In Reg. _v._ Foreman (C.C.C. February, 1873) the prisoner had struck

the deceased some severe blows on the head. A fortnight later, having

partially recovered, another man gave him some severe blows on the

head. A fortnight later still he had left hemiplegia, and died a few

days later of a large abscess in the brain. The question arose which

set of blows had been the cause of the abscess. The prisoner, the

first assailant, was acquitted, as the deceased had had no serious

symptoms until the second assault, and there was no satisfactory

medical evidence as to the relation of the two assaults to the abscess

formation. The same author also supposes the following case: A man

having received a gunshot wound of the shoulder is doing well, when

in another quarrel he receives a penetrating stab-wound of the thorax

and abdomen. He dies after lingering for a time, under the effects

of these wounds. If the wound of the shoulder could be proven to be

the cause of death, the second assailant could not be convicted of

manslaughter, and so too with the first assailant if it could be shown

that the victim died of the stab-wound. It might be possible for a

surgeon to decide the question definitely at once if death occurred

soon after the stab, which was found to have penetrated the heart, a

large blood-vessel, or one of the viscera; or, on the other hand, if

the stab-wound was found to be superficial and not penetrating, and the

wound in the shoulder had suppurated and caused septicæmia.

In either or any case, everything would depend upon the evidence

furnished by the medical witness. His knowledge and judgment are

required to distinguish the guilty from the innocent.

Again, sometimes death may appear to be equally the result of either

or both wounds, in which case, as far as the medical evidence goes,

both assailants would be liable to the charge of manslaughter. Or the

second wound may be accidental or suicidal, and again the question

would arise as to the cause of death. A case illustrating this is

told by Taylor[630] substantially as follows: A grocer’s assistant

pursued a thief, who had stolen from a cart, into a coal-shed, where

he was stabbed twice in the abdomen. The larger wound suppurated,

the smaller wound healed up, and the man died of peritonitis. On

post-mortem examination the suppurating wound was found not to involve

a vital part, while the small healed wound had wounded the liver

and gall bladder and had set up the fatal peritonitis. The large

suppurating wound had apparently been inflicted purposely; the fatal

wound, directed upward and backward, might have been accidental by the

deceased rushing upon the knife held more or less in self-defence. The

case never came to trial, as the assailant was never found, but it can

be readily imagined what complications might have arisen.

Furthermore, the wounded person may have taken poison or been

subsequently ill-treated, and he may have died from these causes rather

than the injury. But the question arises as to whether the wound

was necessarily the cause of death. Here, in order to exculpate the

assailant, the supervening disease or maltreatment must be such as to

account for sudden or rapid death under the symptoms which actually

preceded death.

=Was Death Due to Natural Causes?= Again, the injury may be admitted,

but it may be claimed that death is due to natural causes. It is not

unusual for wounded persons to die from natural causes, though the

case may appear otherwise to laymen. This is often seen with suicidal

wounds, especially those inflicted during the delirium of a disease,

or the disease may supervene later and cause death without relation

to the wound. Where the wound was inflicted by another, accurate

discrimination is especially important in order to save the accused

from imprisonment under false accusation and consequent loss of

character. A careful examination is the only way to determine such

cases, which depend therefore on the medical testimony.

Again, the question may arise as between DEATH FROM WOUNDS OR LATENT

DISEASE, the wound perhaps being admitted, but death being attributed

to latent disease. Here a close attention to symptoms and a careful

post-mortem examination can alone decide. A man may die from the

rupture of an aneurism, from an apoplexy or some other morbid condition

after receiving a severe wound. Or a man with a hernia may receive a

blow upon it causing a rupture of the contained intestine followed by

peritonitis and death, or the recipient of a blow may have a calculus

in the kidney which may perforate a blood-vessel or the kidney tissue

and set up a fatal hemorrhage as the result of a blow.

Thus, medically speaking, the result of the injury is unusual and

unexpected, and due to an abnormal or unhealthy state of body of the

wounded person.

If it can be clearly shown by the medical testimony that death was due

to the above or any other latent diseases, the responsibility of the

assailant may be lessened or removed. The law looks to this point and

is lenient in its punishment in the absence of malice on the part of

the assailant. The crime is still manslaughter and may even be murder

if the assailant was actuated by malice and the abnormal or unhealthy

state of the body of the victim was taken advantage of. Generally there

is no intention of murder, but the nature of the wound and the means of

infliction will help to show this, which is for the jury rather than

the medical witness to decide. There is less ground for mitigation of

the punishment if the assailant was aware of the peculiar condition of

the wounded person, especially in the case of those notoriously ill or

of pregnant women.

Closely allied with this subject are those rare cases where ABNORMAL

ANATOMICAL CONDITIONS, such as a thin skull or brittle bones, cause a

slight injury to be followed by unexpected and untoward results, not to

be looked for in the average individual. In such cases the evidence of

the abnormal condition furnished by the medical witness may diminish

the responsibility and mitigate the punishment.

Furthermore, the responsibility of the assailant may not be altogether

removed, for the question naturally arises, Was death accelerated by

the wound? This depends upon the circumstances in each case upon which

the medical witness must base his opinion. Maliciously accelerating

the death of another is regarded as criminal on the principle that

that which accelerates causes. The following cases are quoted from

Taylor[631] to illustrate the above distinctions. In Reg. _v._ Timms

(Oxford Lent Ass., 1870) the deceased had been struck on the head by

the accused with a hatchet, from which injury he had partly recovered

under treatment in twelve days. But six weeks later he was seized with

inflammation of the brain, with convulsions, and died. At the autopsy

disease of the kidneys was found, and death was referred to this and

the inflammation of the brain due to the blows. The prisoner was

convicted after the judge had charged the jury that it was manslaughter

if they believed that the blows conduced in part to the death of the

deceased.

In the following cases there was no connection between the violence

and the cause of death. A man struck his father on the head with a

hammer and was sentenced to two months’ imprisonment, as the injury

did not appear serious. The father thought the punishment too little,

became much excited, and was hemiplegic six days after the wound was

inflicted and died three days later. No injury of the brain was found

under a fracture of the inner table at the site of the blow, but a

large clot was found in the lateral ventricle which, in the opinion of

the medical witnesses, was not dependent on the blow, and the prisoner

was acquitted (see Reg. _v._ Saxon, Lancashire Sum. Ass., 1884). Also

in Reg. _v._ Hodgson (Leeds Sum. Ass., 1876) the prisoner had struck

his wife with a belt, a short time after which she fell back and died

suddenly. The cause of death was found to be heart disease, and the

blow not being causative in producing the fatal result, the prisoner

was acquitted. Or again in Reg. _v._ Thompson (Liverpool Sum. Ass.,

1876): The prisoner had stabbed his wife in the cheek. The wound was

severe but not mortal. Two days later she was delivered of a child

in the infirmary to which she was taken. She died nine days later of

puerperal fever. The prisoner was acquitted on the charge of murder, as

there was no necessary connection between the wound and the puerperal

fever. Acquittals have taken place in cases of death occasioned by

terror or dread of impending danger produced by acts of violence, as

in the case of Reg. _v._ Heany (Gloucester Lent Ass., 1875). Here

the prisoner in an altercation with his wife, who was suffering from

cancer, held up a knife in a threatening manner, but did not touch

her. This gave her a shock; she died two days later from fright. As

there was no distinct proof that death was accelerated by this act,

the prisoner was acquitted of the charge of murder. Taylor[632] found

among a large number of cases occurring in England during twenty years

that the latent causes of death, as registered in wounded persons, were

chiefly inflammation of the thoracic or abdominal viscera, apoplexy,

diseases of the heart and large blood-vessels, phthisis, ruptures of

the stomach and bowels from disease, internal strangulation, and the

rupture of deep-seated abscesses. Sometimes the person was in good

health up to the time of injury, while in other cases there was merely

a slight indisposition. It was only by carefulness on the part of the

medical experts that the true cause of death was ascertained.

Again, it may be claimed that DEATH was not necessarily the result

of the wound and was AVOIDABLE BY GOOD MEDICAL TREATMENT. There are

many cases of wounds not mortal with proper and skilled treatment

which might become so by improper treatment. They may thus become

directly mortal by interfering with a source of hemorrhage which had

been arrested, or secondarily mortal by infection of the wound by

meddlesome treatment. It would depend on the medical witnesses to

determine whether and how far the treatment had been responsible for

the fatal result. If the wound is not of itself mortal and it has

only become so from improper treatment, this should be a mitigating

circumstance in favor of the accused. Medically speaking, we can

seldom make the sharp distinction which Lord Hale did legally between

a wound becoming mortal from improper treatment and one in which

improper treatment causes death irrespective of the wound. In case of

a slight wound this distinction might be possible, but not so in case

of severe wounds. Also there would probably be no conviction, as far

as the medical evidence is concerned, if the wound was only mortal

in consequence of improper treatment and not mortal as its usual and

probable result. This may naturally introduce the question of the

COMPARATIVE SKILL IN TREATMENT. If death is entirely or partly due to

a wound the responsibility of an assailant is not altered by unskilful

treatment. The entire question of the relation of the wound to the

fatal result and the effect on this result of the treatment employed

is left to be determined by the medical experts, and in its solution

great care and judgment must be used. Although a given fatal wound

might not have caused death under the best possible treatment and

surroundings, yet, according to the above rule, the assailant is held

responsible as long as the fatal result is due partly, at least, to the

wound. Therefore we see the responsibility of the surgeon not only for

the life of his patient, but also for that of the prisoner. He should,

therefore, not deviate from the ordinary and most accepted practice

in such cases, as any such deviation is taken hold of by the counsel

for the defence. In fact, every point of the treatment is subjected to

criticism.

In a lacerated wound of the foot, if death occurs from tetanus, it may

be claimed that death would not have occurred if the foot had been

amputated, or, if the foot were amputated and death followed, it may be

claimed that amputation was unnecessary and was the cause of death. The

surgeon should, therefore, be able to give the best reasons for every

step of treatment.

Again, it may be claimed that DEATH was not a necessary result of the

wound and WAS AVOIDABLE BUT FOR IMPRUDENCE OR NEGLECT on the part of

the wounded person. A man after being wounded may refuse to receive

medical assistance, or, after receiving it, may disobey instructions

or refuse to submit to an operation proposed. Thus with a compound

depressed fracture of the skull the patient may either refuse to see

a surgeon, or he may refuse to submit to an operation proposed, or he

may with or without operation disobey the instructions as to diet and

quiet, and eat or drink heavily and refuse to go to bed. Such a case we

can readily imagine might die of meningitis, etc.

If the symptoms of a wound are unfavorable from the start, or if the

wound of itself is likely to prove mortal, the responsibility of the

assailant is unmitigated by imprudence or neglect of medical assistance

by the wounded person. This is not allowed as mitigatory, as a sane

man is a free agent and is not obliged to call in or submit to medical

treatment. Moreover, a medical witness in many cases could not swear

that an operation or other plan of treatment would certainly save life.

Thus an amputation of the leg for wound of the foot causing tetanus

is by no means a certain means of cure. But we can readily imagine a

case where the refusal to submit to the treatment proposed might be

an important element in causing death. Thus in a compound depressed

fracture of the skull with compression, the medical witnesses would

agree that the operation would in all probability save life. This fact

would probably be only mitigatory in diminishing the penalty, and,

as stated above, would not secure acquittal. But it is none the less

important for the medical witness to bear these facts in mind and bring

out the facts and conclusions clearly in his testimony.

DEATH FOLLOWING SLIGHT PERSONAL INJURIES.—Here again the claim might

apparently be justified that death was not necessarily due to the

trifling injury. And in reality there is commonly some unhealthy state

of the body to explain such an unexpected result. When the disease

accounting for this unhealthy state of the body is in some other part

than the injury, an examination with ordinary care will explain the

case. But if the disease and injury are located in the same part,

especially in the head, the case is more perplexing, but may be cleared

up by careful and thorough examination. Also the usual results of

such an injury should be considered, and whether the disease would

be a usual result of the injury, or whether the sum total of the

pathological conditions found would be accounted for by the violence.

It should be remembered that the presence of chronic disease is no

excuse. Thus Taylor[633] cites the case of Reg. _v._ Hapley (Lewes Aut.

Ass., 1860), where a boy with chronic disease of the brain suffered

from no unusual symptom until he received a severe flogging, which was

followed by death in less than three hours. The same author mentions

also the following case to show that fatal results may follow very

slight and trivial blows. Annan[634] tells of a healthy four-year-old

girl who received a slight blow from the shaft of a wheelbarrow on the

skin about three inches below the knee. There was even no external

mark of violence, and the injury was thought to be so slight as not

to require treatment. There was pain, however, which increased on

the following day, marked constitutional symptoms appeared, and the

child died on the fourth day. Even to the punishment inflicted by

schoolmasters death has been imputed.

When DEATH occurs FROM WOUNDS AFTER LONG PERIODS the injury may be

admitted, but it may be claimed that death was not necessarily due to

the wound. Medically speaking, death is just as much the result of the

injury as if it occurred on the spot. Of course, death must be clearly

traceable to the usual and probable results of the injury, and not be

dependent on any other cause. An examination of the wounded part and

of the whole body will enable the medical witness to determine the

cause of death and whether it is clearly traceable to the injury. A

doubt on this point may lead to acquittal. Certain forms of wounds

or wounds in certain localities are especially liable to end fatally

after a long delay, but as the direct result of the wound. These are

wounds of the head and of the spine. As to the first class, the injured

person may apparently recover and be doing well, when he may suddenly

die from a cerebral abscess, for instance. This is the result of the

injury, but remains a longer or shorter time latent. In wounds of the

spine the patient is generally paralyzed below the point of fracture,

but is apparently in good health. In a longer or shorter time he may

die of a pneumonia, cystitis, or bedsores, which are the known and

regular consequences of the injury or injured condition. Astley Cooper

cites the case of a man who was injured on the head and died two years

later from the effects of the injury, as was clearly made out by the

continuance of brain symptoms during the entire period. An interval of

eleven years occurred in another head injury between the injury and

the fatal result. The first result of the injury was concussion of the

brain, and the case is mentioned by Hoffbauer.[635] This long interval

is unusual. There is a rule in English law by which the assailant

cannot be indicted for murder if the victim of the assault lives a

year and a day. Practically this makes little difference, as nearly

all cases would die within that time; but the principle is wrong as

looked at from the medical standpoint. The protracted cases concern,

as above stated, mostly injuries of the head, spine, and chest, among

which there are some cases, like the examples cited, where, according

to English law, justice would fail to be done.

III. WAS A WOUND THE CAUSE OF DEATH SECONDARILY?

A wound is secondarily the cause of death when the victim, having

recovered from the first ill effects, dies from some wound disease or

accident or from a surgical operation rendered necessary in the proper

treatment of the wound. There may be much difficulty in establishing

the proof of death from a wound by means of secondary causes, for,

1st, the secondary cause must be in the natural course of things; and,

2d, there must be no other accidental circumstances to occasion the

secondary cause.

The secondary cause may be partly due to the constitution of the

deceased from habits of dissipation, which fact would serve as an

expiatory circumstance in the case. Among the secondary causes of death

may be mentioned septicæmia, pyæmia, erysipelas, tetanus, gangrene,

that is, wound diseases, also the wound accident—as we may call

delirium tremens, and surgical operations rendered necessary to the

treatment of the case. We may add, besides the regular wound diseases,

inflammation in and about the wound, septic in character, perhaps not

justifying the title of septicæmia, but which, with its accompanying

fever, may be the “last straw” in a case which might otherwise

recover. Some of these secondary causes will now be considered more at

length.

SEPTICÆMIA is a general febrile disease due to the absorption into

the system from a wound of the products of bacteria or due to the

introduction into the blood and tissues of the bacteria themselves.

Depending on the two sources of origin, we have two forms of

septicæmia: 1. Septic intoxication or sapremia, due to the absorption

of a chemical poison, ptomaïnes, and often readily influenced and

cured by the removal of the source of these ptomaïnes in decomposing

blood-clots, secretions, etc. 2. Septic infection comes on less rapidly

but is more serious than the former is, if properly and quickly

treated, because the source of the trouble cannot be removed, but is

in the blood and the tissues. The latter form is the more common one

in wounds, though the former may occur in abdominal wounds, especially

when a blood-clot is present. The first form begins acutely, the

second form more gradually. The infection in septicæmia takes place

through a wound and may be due to the weapon which caused the wound,

the unclean condition of the parts wounded, or to the subsequent

treatment or want of treatment. It may even take place through the

intestinal mucous membrane as in cases of tyrotoxicon poisoning. It

is most likely to occur during the first four or five days before the

surfaces of the wound granulate, and it consists in the introduction

of bacteria, especially staphylococci and streptococci. The disease

is characterized by severe constitutional symptoms, acute continuous

fever, inflammation of certain viscera and of the wound, and nervous

disorders. A pronounced chill ushering in the fever is generally

absent. Prostration is especially marked, the patient finally passing

into a typhoid condition indifferent to surroundings. Anorexia and

headache are usually present; diarrhœa is common, vomiting is not. The

skin is pale and dusky, but not commonly icteric; at first it is hot

and dry, later moist and finally cold and clammy. The spleen is often

enlarged. The pulse becomes weak and rapid and delirium is followed by

coma. The prognosis is grave. Antiseptic treatment generally prevents

and often cures the disease, as is the case with many other of the

wound diseases; hence the failure to employ it may be alleged by the

defence in mitigation of the responsibility of the assailant for the

fatal result.

PYÆMIA is closely allied to septicæmia. It is due to the setting

free of bacterial emboli or septic emboli from a broken-down, septic

thrombus in the neighborhood of the wound, and the circulation of these

emboli in the blood until they are arrested and form the characteristic

metastatic abscesses, especially in the lungs, joints, abdominal

viscera, and parotid gland. Almost always the source of infection is an

infected wound. Granulation does not prevent the occurrence of pyæmia,

which, as a rule, commences at a later stage than septicæmia. It is

most important, however, for our purpose to remember that there is

such a thing as spontaneous pyæmia. An injury not causing a wound may

here be the exciting cause, but the resulting pyæmia is an unexpected

consequence. A bruise of a bone, for instance, by allowing bacteria,

which in certain conditions may be circulating in the blood, to find

an exit from the vessels into the bruised part, may develop an acute

osteo-myelitis, which may be a starting-point of a pyæmia. It is but

proper to state, however, that spontaneous pyæmia is a rare occurrence.

In fact, it is so rare that if pyæmia occurs and we find ever so

trifling an infected wound, we can safely attribute the pyæmia to the

wound and not to a spontaneous origin.

Pyæmia begins, as a rule, in the second week of the healing process or

even later. It usually begins with a chill, which may be frequently

repeated. The fever is very irregular and exacerbations occur with

each metastatic abscess. The skin is icteric, the icterus being

hematogenous. The pulse is rapid and becomes weaker. Infective

endocarditis may develop, which increases the danger of metastatic

abscesses, which may then occur in the brain. Otherwise the mind is

clear and unaffected until the final delirium and coma. The disease may

become chronic, but usually lasts a week or ten days. The prognosis is

very grave.

ERYSIPELAS is a still more frequent complication of medico-legal

wounds, and though not so fatal as the two preceding, it is probably

more often the secondary cause of death on account of its far greater

frequence. It too is an acute infective inflammation due to the

presence of a micro-organism, _streptococcus erysipelatis_. This occurs

mostly in the lymphatics of the skin, and effects an entrance through

some wound or abrasion of the skin or mucous membrane, which may be

almost microscopic in size. Probably there is no such thing as true

_spontaneous erysipelas_, though the wound may be often overlooked and

only visible on the closest examination. If a wound has been inflicted,

the size and severity of it cannot be alleged as a reason why it

was not the starting-point of an erysipelas. The erysipelas must be

clearly traced to the injury. That is, it must occur before recovery

from the wound or not later than a week after it has healed, for the

incubation is probably not longer than this. It is difficult to connect

an erysipelas with a wound if it occurs some time after it has healed

or if it occurs at a different place and not about the wound. Wounds of

certain regions, as, for instance, scalp wounds, are especially liable

to develop erysipelas, but this is probably owing to the imperfect

antiseptic treatment or delay in applying it. Certain individuals are

more prone to it than others; thus it has been stated that blondes and

those suffering from Bright’s disease are more susceptible, though how

true this is it is hard to say. It is also probably more prevalent at

certain times of the year, particularly in the spring. A wound after it

has scabbed over or has begun to granulate, that is, after the first

four or five days, is very much less apt to serve as the avenue for

infection. Erysipelas usually begins with a chill, or a convulsion in

children. Nausea and vomiting are the rule. The fever is remittent and

ranges from 102° to 104° F., and the temperature may be subnormal when

the inflammation is subsiding. Prostration is marked and the pulse more

or less weak. There may be delirium while the fever is high. Locally

there is rarely anything characteristic until twenty-four hours or

so after the chill. Then we have a reddish blush with some tension,

burning and itching of the skin. At first the redness is most marked

about the wound, later at the edge of the advancing, serpentine margin.

It spreads widely and rapidly, and after three or four days the part

first attacked begins to improve. Desquamation follows. The duration

may be a week or ten days or as long as a month. The inflammation may

be much more severe, involving the subcutaneous connective tissue in

_phlegmonous erysipelas_.

FACIAL ERYSIPELAS is a common variety and was once regarded as

idiopathic, but a wound on the skin or mucous membrane is probably

always present. The prognosis of erysipelas is usually favorable.

Since the use of antiseptics it is far less common than formerly,

though still the most common of the infective wound diseases.

If a man wounded in an assault is taken to a hospital where erysipelas

prevails, the question of responsibility arises, for, medically

speaking, he is subjected to great and avoidable risks.

TETANUS is an infective bacterial disease affecting chiefly the central

nervous system and almost always, if not always, originating from a

wound. Tetanus, like erysipelas, is probably always traumatic and never

strictly idiopathic. The wound may be so slight as to escape notice.

When it follows such injuries as simple fracture internal infection

probably occurs, though such cases are extremely rare. It is said

that the weather influences the development of tetanus, and that it

is more common in the tropics. There are also certain sections where

tetanus is much more common than elsewhere and where it may be said to

be almost endemic. Punctured wounds are most likely to be followed by

tetanus, for they offer the best opportunity for the development of the

bacteria, which are anaërobic. Wounds in dirty parts of the body, like

the hands and feet, are more apt to be followed by tetanus than those

elsewhere. Tetanus usually appears about the end of the first week

after a wound has been received, but it may not appear for a longer

period, even three or four weeks, so that the wound may have been some

time healed. To connect tetanus with a particular wound, note (1) if

there were any symptoms of it before the wound or injury, (2) whether

any other cause intervened after the wound or injury which would be

likely to produce it, and (3) whether the deceased ever rallied from

the effects of the injury. Tetanus comes on suddenly without warning.

The injured person first notices that he cannot fully open the mouth,

he has lock-jaw, and the back of the neck is stiff. The muscles of the

abdomen and back are next involved so that the back is arched in the

position known as _opisthotonos_, and the abdomen presents a board-like

hardness. The muscles of the fauces, pharynx, and diaphragm may next

become involved, causing difficulty in swallowing and breathing.

The thighs may or may not be involved, but the arms and legs almost

never. Owing to the spasm of the abdominal muscles, micturition and

defecation are difficult and respiration is hindered. The muscles are

in the condition of tonic spasm which permits the patient no rest, the

face bears the “risus sardonicus,” and the suffering is extreme. If

the patient lives more than two or three days the tonic spasm partly

gives way to increased reflex irritability, in which a noise, jar,

or draught of air may give rise to clonic and tonic spasms in the

muscles affected. The patient may die at such times from tonic spasm

of the respiratory muscles, or he may die of prostration from want

of food and sleep, worn out by the suffering and muscular spasm. The

mind is usually clear to the last. Fever is not characteristic of the

disease. Tetanus may be rapidly fatal; in two or three days, or it may

be or become more chronic. The _prognosis_ of acute tetanus is almost

invariably fatal; that of chronic tetanus is grave, but a certain

proportion of cases recover.

_Diagnosis._—This is easy. It differs from a true neuritis in the

peripheral nerves in that no matter where the wound is situated the

first symptom is in the muscles of the jaw and the back of the neck,

and not at the site of the injury and distally from this point.

_Trismus_ is applied to a milder form of the disease in which only

the face and neck muscles are involved and “lock-jaw” is a prominent

symptom. Some cases of _tetany_ may be mistaken for so-called

spontaneous tetanus. Tetany may follow child-bed, fevers, mental

shocks, exposure to cold and wet, extirpation of goitre, intestinal

irritation, etc. It consists of painful tonic spasms of the muscles of

the arms and feet. The attacks last one-half to two hours or more, and

may be preceded by a dragging pain. They may be brought on by pressure

on the nerve leading to the muscles affected. Striking the facial nerve

often causes contraction of the face muscles. There is no trismus but

there may be opisthotonos. The patient seems well between the attacks

and most cases recover without treatment.

DELIRIUM TREMENS may occur as a secondary consequence of injuries, or

necessary surgical operations in the case of those who are habitually

intemperate. Those who habitually use opium, tobacco, cannabis indica,

or even tea or coffee to excess are said to be subject to it. It

may, therefore, be justly alleged that death is avoidable in very

many cases, but for an abnormal and unhealthy state of the body.

The disease is characterized by delirium, a peculiar tremor of the

muscles, insomnia, and anorexia. Pneumonia may complicate the case.

The patients die in fatal cases from exhaustion due to insomnia,

lack of nourishment, and their constant activity of body and mind.

The prognosis is usually favorable, taking all cases together, but

in delirium tremens secondary to surgical injuries or operations the

prognosis is serious.

DEATH FROM SURGICAL OPERATIONS performed for the treatment of wounds.

The operation is a part of the treatment, and if it is done with

ordinary care and skill the accused is responsible for the result.

The necessity and mode of operation must be left to the operator’s

judgment. As the defence may turn on the necessity for and the skilful

performance of the operation, it is well to wait for the advice and

assistance of others if practicable, for death is not unusual from

severe operations. The patient may die on the operating-table after

losing little blood, from fear, pain, or shock. Or he may die from

secondary hemorrhage or any of the secondary causes of death from

wounds enumerated above. The evidence of the necessity of the operation

must, therefore, be presented by the operator. If an operation is

necessary and not performed, the defence might allege that death

was due to the neglect of the surgeon. Another question for the

medical witnesses to determine is whether the operation was rendered

necessary because of improper previous treatment, for if it was the

responsibility of the assailant may be influenced. The meaning of the

term “necessity” is here a matter of importance. Unless an operation

is necessary to the preservation of life, if death occurs there is

some doubt whether the assailant is responsible. But, medically

speaking, we would not hesitate to urge an operation on a wounded man

in order to preserve function, or even to save deformity as well as to

save life. In the case of operations done under a mistaken opinion,

neither necessary to save life nor, as the result proves, to save

function or guard against deformity, if death follows the assailant

may be relieved from responsibility. Thus an aneurism following an

injury might be mistaken for an abscess and opened with skill but

with a fatal result. It is also for the medical experts to determine

whether an operation was unnecessary or unskilfully performed, for

if it were and death resulted from it, the responsibility of the

prisoner is affected unless the original wound would be likely to be

fatal without operation. According to Lord Hale, if death results from

an unskilful operation and not from the wound, the prisoner is not

responsible. But yet death may occur as the result of the most skilful

operation necessary to the treatment of a wound, and not be dependent

at all on the wound itself. If the operation is skilfully performed,

and yet the patient dies from secondary causes, such as those above

enumerated or any others, the prisoner is still responsible, and the

medical testimony is concerned with the performance of the operation

and the secondary causes of death. The relative skill of the operator

or surgeon is probably not a question for the jury in criminal cases,

on the ground that the man who inflicts the injury must take all the

consequences, good or bad. In a civil suit, for instance an action

for malpractice, the case is otherwise, and all the medical facts and

opinions are submitted to the jury. The law regards three circumstances

in death after surgical operations: (1) The necessity of the operation,

(2) the competence of the operator, and (3) whether the wound would be

fatal without operation.

_Death_ may occur _from anæsthetics_ used in an operation without any

recognizable contributing disease of the patient, or carelessness or

lack of skill in the administration of the anæsthetic. Of course, the

question of absence of contributing disease on the part of the patient

and of its proper administration must be satisfactorily answered in

cases of death from the anæsthetic in an operation rendered necessary

in the treatment of a wound. Death from an anæsthetic may occur before,

during, or after an operation itself. Medically speaking, the necessity

of the use of an anæsthetic in operations cannot be questioned, and

in emergencies where an operation becomes necessary, and not a matter

of choice, its use, with special care, is justifiable even with

existing organic disease, which usually contraindicates it. As death

may be alleged to be due to the use of a particular anæsthetic, it is

always best in operating on account of an injury which may require

a medico-legal investigation, to use that anæsthetic which is most

generally used and indorsed in the particular section of country in

question. Of course, it is not lawful to operate against the will

of a person who preserves consciousness and will. It may be added

in this connection that if a medical man be guilty of misconduct,

arising either from gross ignorance or criminal inattention, whereby

the patient dies, he is guilty of manslaughter, according to Lord

Ellenborough. Omissions or errors in judgment, to which all are liable,

are not criminal.

IV. WAS THE WOUND MADE BY THE INSTRUMENT DESCRIBED?

It is not often necessary to prove that a weapon was used, though it

may affect the punishment. For the use of a weapon implies malice and

intention and a greater desire to do injury. The prisoner may swear

that no weapon was used when the nature of the wound clearly proves

that one was used. The explanation of the prisoner of the origin of the

wound may thus be discredited. We cannot often swear that a particular

weapon was used, but only that the wound was made by one similar to it

in shape and size. Thus Schwörer tells of the case of a man stabbed in

the face by another. The medical witness testified that the wound was

caused by a knife shown at the trial which had a whole blade, but a

year later the point of the knife which had really caused the wound was

discharged from an abscess in the cheek at the site of the wound. The

surgeon thus made a too definite statement in regard to the knife shown.

Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 · 第 14 / 21 章