CHAPTER V.

THE MEDICO-LEGAL ASPECT OF INCINERATION.—THE OBJECTIONS TO CREMATION.

The battle between torch and spade is not new; it has been going on

since early times. Tertullian, a writer of the second century, declares

that many of the Gentiles were opposed to cremation on the score of the

cruelty which it did to the body, which did not deserve such penal

treatment. This is exactly what some are asserting now. The work of an

ancient Greek poet even contains a passage requesting Prometheus to take

back the fire which he had procured them. There was a time when the

Pagans were disputing the propriety of burning the dead upon any

consideration whatever. Heraclitus advocated cremation; Thales and

Hippon, earth burial. In the war which a few Christians are now waging

against incineration, we therefore only have another illustration of how

history repeats itself. Peoples are still contesting the point in lands

which are painted in Pagan black upon the maps of the missionaries, and

where Christians as yet have no footing. Some sects in Japan bury and

some burn their dead; some of the Hindoos practice interment, others

incineration.

[Illustration:

THE BUFFALO CREMATORIUM.

(Exterior View.)

]

The injudicious promoters of cremation are among the greatest enemies of

the reform. The utterance that incineration should be obligatory was

extremely unfortunate, as was the idea of producing illuminating gas for

general use from the combustion of corpses, something after the fashion

of the twelfth century’s _lanternes des morts_. The fancy of Sir Henry

Thompson to use the ashes resulting from cremation as a fertilizer was

also a mischievous idea, and did much to delay the progress of

incineration in Great Britain.

The abhorrence entertained by many of cremation depends, to a very great

extent, on the universal tendency of individuals and peoples to resent

any interference with established customs; to reject any innovation,

simply because it is an innovation. For instance, if cremation should be

the customary practice at the present time, a proposition to

re-establish inhumation would meet, I am certain, with the most violent

opposition.

The cremationists are now charged with enthusiasm and fanaticism by

individuals who would be content that science should “stand at gaze like

Joshua’s moon in Ajalon.” Most of the progress in all departments of

learning has been made by enthusiasts, and a man must be an enthusiast

indeed to withstand the prejudice “dry as dust” which yields the ground

slowly and grudgingly, but which is certain to be defeated in the end.

The first question that comes before us for consideration is, Would not

cremation destroy the evidence of crime? This refers not only to cases

of poisoning, but also to those instances where persons meet with a

violent death by being shot, stabbed, or otherwise severely injured.

This is the only tangible objection that has ever been made by the

anti-cremationists. It is of great importance, and unless we are able to

show that it can be obviated, we must admit that it constitutes a

serious drawback to cremation. This, as Dr. J. O. Marble appropriately

remarks, is, in fact, the one and only real lion in the way of the

progress of incineration as a substitute for inhumation, and unless we

can muzzle this lion, he may frighten away the pilgrims.

If the charges made by the anti-cremation party were true, incineration,

if established, would offer facilities for the commission and

concealment of hideous crimes. A victim could be destroyed by poison,

the dead body carried to a furnace and reduced to a small heap of ashes

in a short space of time, and the crime thus forever placed beyond the

reach of detection. The cremator, then, would become the instrument and

accomplice of the murderer. It is urged that the agents employed in the

commonest form of secret murder—poisoning—are often of a novel, subtle,

and various character. We are apprised that it is extremely improbable

that the physician called in, if he be called in, has ever seen their

effects, either on man or animals; that care will be taken that he shall

not see them; that the poisoner has the advantage of preparation on his

side; and finally, that discovery, when made, is generally made at some

variable period after death, and then rather in consequence of an

aggregation of suspicious collateral circumstances pointing to the

commission of other crimes of a like nature than of any possible

observations at the bedside of the murdered person. Indeed, a formidable

array of arguments, which can be, nevertheless, overcome in several

ways. The question now before us for solution is not of recent date, but

has already agitated the minds of the ancients, who, most probably,

investigated the cause of death before they consigned their dead to the

funeral pyre. Tacitus, the Roman historian, relates that the corpse of

Germanicus lay in state in the forum of Antioch, a place fixed for

sepulchral rites, but that “whether it bore the marks of poisoning yet

remains undecided,” for the people were divided in their opinions, some

pitying Germanicus and suspecting Piso’s guilt, others prejudiced in

favor of the latter.

Pliny also relates in chapter 71 of his Natural History, lib. xi: “It is

claimed that the heart of those who die of _morbus cardiacus_ (organic

heart disease) cannot be destroyed by fire, and the same is said to be

true of the heart of poisoned persons.” An oration of Vitellus is extant

in which he accuses Piso, the physician, of having poisoned Germanicus,

since the heart of the latter would not burn. Piso defended himself by

describing the disease of which the emperor had died.

Dr. J. O. Marble, who has written of this subject, affirms: “It must be

admitted that cases of criminal poisoning, such as would be detected by

an exhumation and examination of a buried body, are very rare, for in

our day Lucrezia Borgias and Brinvilliers are few and easily detected.

In a community like ours cases of this kind are extremely rare. In a

vast majority of cases the cause of death is perfectly evident to any

intelligent physician. No doubt obscures the case. The list of causes of

death, perfectly evident even to the friends and non-medical persons,

embraces probably at least nine-tenths of the whole mortality. Doubtful

cases have generally been visited by more than one skilful physician.

The fraction in which crime of any sort might have been perpetrated

becomes thus very small. Moreover, in the present state of chemical

analysis and expert medical testimony, the advantages of the posthumous

examination of a body with a view to the detection of crime accrue less

to justice than to the lawyer for the defense.”

The medico-legal objection, as it is called, does not apply in every

case, since every day individuals die of easily determined causes, such

as small-pox, consumption, hemorrhage from the lungs or stomach,

drowning, or other accidents, and suicide; in short, in such a way as to

place the cause of death beyond cavil and dispute.

It is true that a regular proportion of bodies are dug up every year on

suspicion of foul play; but, aside from the fact that that proportion is

very small, how many of these cases justify the exhumation? So uncertain

and inaccurate is the post-mortem evidence of criminal poisoning, that

no bodies have been exhumed for forensic purposes in Vienna, Austria’s

capital, since 1805.

Tarchini-Bonfanti, for 26 years _perito-medico_ (medical expert) at the

tribunal of Milan, Italy, declares that during this time, although many

thousands of litigations came before the court which was requested to

pronounce judgment upon them, only in ten cases was it necessary to

resort to exhumation. Only ten cases in 26 years, out of several

thousands of lawsuits, and four only out of the ten exhumations led to

the detection of the crime and the criminal. These four cases, however,

occurred in a single lawsuit—that of Boggia. In this instance the

disinterment would have taken place, even if cremation had been at the

time an established and universal custom, for Boggia had buried his

victims in his own cellar. Tarchini-Bonfanti asserts that exhumations

for forensic purposes are extremely rare, and that those which are made

yield either negative, or at best doubtful results.

Disinterment, instead of furnishing an explanation, instead of shedding

light upon some mystery, more often is followed by confusion, and may

give rise to erroneous conclusions. It would be next to impossible to

cremate a murdered person in a furnace of the ordinary kind. As to the

poor and ignorant murderer, the regulation of cremation would make him

shrink from submitting his victim to the authorities of a crematorium,

and he would find it far more convenient and safe to inter the corpse

secretly, as these criminals generally do at the present time.

There are many poisons which, by a rapid change of their substance, are

extremely difficult to detect in the human body after death, even after

a short time, sometimes but a few days; for instance, cyanide of

potassium, prussic acid, and at certain times phosphorus. But when a

careful inquest, such as the cremationists propose, is held, poisoning

by these agents cannot so easily escape detection. In poisoning by

phosphorus, the yellow hue of the face of the victim would excite

suspicion and lead to a post-mortem examination, when the characteristic

sign of phosphorus poisoning in the fatty degeneration of the liver

would be discovered. An autopsy would speedily make evident poisoning by

pure prussic acid, for the open cavities of the body would exhale the

odor of bitter almonds. Poisoning by cyanide of potassium can, of

course, only be detected by a chemical analysis of the contents of the

stomach, intestines, etc.

I think I may safely affirm that it is impossible for the best of

anatomists to determine the lesions, if there be any, of a decomposed

body.

All vegetable poisons, except the alkaloid of strychnia, decompose with

the body; it is extremely rare that any alkaloid can be discovered in

the body posthumously. Mineral poisons, such as antimony, lead, copper,

combinations of baryta, and many others, are indestructible, and can be

detected in the ashes. It may even happen that, by some extra care, the

process of incineration may be the most efficient means of detecting

poisoning by arsenic and mercury. Of course we should not forget that,

without some precaution, the salts of arsenic and mercury would be

volatilized; but while they are volatilized, they must also, at a

reduced temperature, be again deposited, and it remains for the chemist

to determine the most efficient contrivance for recognizing its

deposition.

Direct experiments instituted by M. Cadet and verified by MM. Doursant

and Wurst, even prove that the salts of arsenic can be detected in the

ashes after incineration.

As matters stand to-day, it is puerile to think that we can prevent the

rich and skilful poisoner from committing crime as long as we permit him

to employ undertakers, who, without restraint of law, inject arseniate

of soda and corrosive sublimate into the body of his victim, and thus

remove all traces of the crime.

Dr. Cameron, in a speech before the House of Commons of England in 1884,

declared:—

“Numerous modern researches have shown that putrefactive fermentation in

decaying animal matter gives rise to the formation of sepsine and other

alkaloids, some of them intensely poisonous. Little or nothing is known

in this country concerning the products of putrefaction. _Ptomaines_ is

the general name which has been given to them abroad, and I don’t know

that I ever saw it printed in the English language. Little is known of

these ptomaines even by those who have studied them most closely, but

enough has been discovered to show that we must be very careful as to

how far we rely upon what are called physiological tests for poisons in

the case of bodies which have been exhumed; and that the fact that

frogs, rabbits, or dogs are killed by the action of matters extracted

from the viscera of a putrefying body can no longer by itself be held as

proving that those viscera contained any poison before putrefaction

commenced.”

Is it surprising, when the above is taken into consideration, that the

testimony of chemists at trials for poisoning should vary so much and be

so contradictory in nature?

Sir Henry Thompson, in his admirable exposition of cremation, which was

translated into almost every civilized language of the world, thus

disposes of the medico-legal objection:—

“It has been said, and most naturally, what guarantee is there against

poisoning if the remains are burned, and it is no longer possible, as

after burial, to reproduce the body for the purpose of examination? It

is to my mind a sufficient reply that, regarding only ‘the greatest good

to the greatest number,’ the amount of evil in the shape of disease and

death which results from the present system of burial in earth is

infinitely larger than the evil caused by secret poisoning is or could

be, even if the practice of the crime were very considerably to

increase. Further, the appointment of officers to examine and certify in

all cases of death would be an additional and very efficient safeguard.

But—and here I touch on a very important subject—is there reason to

believe that our present precautions in the matter of death certificate

against the danger of poisoning are what they ought to be? I think that

it must be confessed that they are defective, for not only is our system

inadequate to the end proposed, but it is less efficient by comparison

than that adopted by foreign governments. Our existing arrangements for

ascertaining and registering the cause of death are very lax, and give

rise, as we shall see, to serious errors. In order to attain an approach

to certitude in this important matter, I contend that it would be most

desirable to nominate in every district a properly qualified inspector

to certify in all cases to the fact that death has taken place, to

satisfy himself as far as possible that no foul play has existed, and to

give the certificate accordingly. This would relieve the medical

attendant of the deceased from any disagreeable duty relative to inquiry

concerning suspicious circumstances, if any have been observed. Such

officers exist throughout the large cities of France and Germany, and

the system is more or less pursued throughout the provinces. In Paris no

burial can take place without the written permission of the ‘_médecin

vérificateur_’; and whether we adopt cremation or not, such an officer

might with advantage be appointed here.”

Sir Henry suggests that in suspected cases the “dead officer” should

retain in sealed vessels the stomach and other portions of the viscera

for future examination. But I think it next to impossible that such an

officer could execute duties so burdensome and so averse to the genius

of the people.

Let us for a moment turn to our dear American commonwealths. Do our

burial laws aid in the detection of crime? In the majority of states a

death certificate, signed by a physician, must be filed with the health

officer, who issues a burial permit. This is all which is required.

Generally it makes no difference whether the physician or surgeon who

affixes his name to the document is reputable or not. The burial permit

is looked upon as a mere formality, an unnecessary institution, that

owes its origin to some whimsical lawmaker. How often do even the most

zealous of health officers investigate the causes of the deaths that are

reported to them? The doctor’s certificate is put upon record; that is

satisfactory, and no more is asked for. The rest is silence—like that

which reigns under the turf, where the undetected victims of the

poisoner lie.

Now, if our faulty burial laws, if the indifference of our officers of

health, are not a direct incentive to the foulest and most insidious

forms of crime, I do not know what is. Were I a secret assassin, I

certainly would wish for no more encouragement. As matters now stand,

any evil-doer, with the help of some unscrupulous medical man, may

commit murder daily without fear of detection.

I propose to show that if incineration were established, the careful

scrutiny of corpses and official examinations in suspected cases, which

would precede the reduction of the body to ashes, would rather assist in

the detection of murder than hinder it.

Mr. W. Eassie, in a lecture delivered at the International Health

Exhibition last year, expressed himself anent this question as follows:

“With regard to doubtful deaths it would be necessary to make sure that

the body exhibited no traces of poison, or that certain small portions

of the body should be removed therefrom and kept for a few years. For

instance, a small portion of the stomach and intestines and their

contents in case of vegetable poisoning, and a small portion of the

liver, should mineral poisoning be suspected. There is no difficulty in

dealing with this matter in other countries where cremation has become

permissive; and it is upon record that the examination of the body of a

child in Italy, which had been made in the ordinary way demanded by the

authorities previous to the cremation, proved that the child had been

poisoned apparently by sweetmeats, and this would not have been revealed

had an ordinary burial in the earth taken place.”

I must here repeat what I have already said regarding Sir H. Thompson’s

intimation that part of the bodies about to be cremated might be

conserved for future examination: The strong dislike of the public would

never allow of such a measure.

Lord Bramwell, the eminent English lawyer, in a letter to Sir Spencer

Wells concerning incineration, states: “I wish you success in the

promotion of cremation; I think it is right, and what is very rare, with

no drawback. It is the cheapest, the most wholesome, and to my mind, the

least repulsive way of disposing of the dead and those we have loved.

That it is legal there is not a doubt. The only objection, that murders

might go undetected, I believe to be more than unfounded. You have

surrounded the thing with precautions. I have heard it suggested that

there are many murders which escape detection for want of suspicion and

consequent inquiry. How that may be I know not, but it will not be the

case with those bodies cremated under the regulations of the Cremation

Society of England. The English society requires such undoubted proofs

of natural death that a criminal would not dare trust his victim to the

flames.”

[Illustration:

THE BUFFALO CREMATORIUM.

(Interior View.)

]

To cut a long story short, let me say that cremationists meet the

medico-legal objection by a demand for a careful inquest over _every_

dead body, and a post-mortem examination, including a chemical analysis

of all the viscera, in every instance where death by toxic agents is

suspected.

In many cities of Europe the dead are examined by physicians appointed

by the government. The result has been that, as for instance in Dresden,

Leipsic, and Frankfort, Germany, no exhumation took place after the

inquest became obligatory and was practiced in every instance of

decease.

In Bavaria, Saxony, Nassau, and Baden, there are regular coroners whose

duty it is to inspect every corpse, while in England the coroner’s jury

only convenes in cases where the cause of death is not apparent.

With us the office of coroner is not an important one. Generally laymen

are appointed to it, men who have done some work at that awful power,

the political machine. This is wrong. The office of coroner should only

be vested in medical men, and only in such who have shown that they are

qualified to fill such a position of consequence. Every candidate for

coroner should be examined in forensic medicine and pathology, and

should give an ocular demonstration of his capability to make a thorough

autopsy. Only those who have graduated from a medical school of repute,

recognized by law and all the boards of health of the country, should be

eligible.

The coroner should have power to demand an explanation of the cause of

death from the physician who attended the deceased in his last illness,

and whenever such explanation is unsatisfactory, or there are other

reasons which lead him to suspect that the defunct has been foully dealt

with, to order a complete post-mortem examination. He should,

furthermore, have the right to summon before him any witnesses whose

testimony might clear up the case in hand.

The coroner should issue the burial permits, the health officer being

notified only when persons have died of an infectious or contagious

disease.

To make this scheme successful, it is essential that the practitioner of

medicine who assumes the coronership should receive adequate payment for

his services, such remuneration in fact as would enable him to give up

his whole time and talent to his office.

Beside the advantages which I have already indicated, a system such as

this would doubtlessly enrich the mortality statistics as well as

forensic medicine and pathological anatomy. That it would be an

efficient safeguard against crime, I think every unprejudiced person

will admit.

If this were not so, I could but indorse the Rev. H. R. Haweis, who

declares honestly: “For so grand a benefit to mankind, a few more cases

of poisoning would be a small price to pay. In the great progress of

social and sanitary reform I cannot conceive what it signifies whether

or not an additional Smith or Jones gets poisoned here and there.”

Dr. Purdy says: “Indeed, we have not in man’s history any great benefit

resulting from a system or practice but it is attended by its consequent

minor evils; no great public good but has its attendant drawbacks.”

For these reasons the following saying of the celebrated Professor

Coletti, of the University of Padua, Italy, will always be recognized as

a truth of unusual stability: “The health of whole communities is of far

greater importance than the possible escape of a few criminals.”

The enemies of cremation inquire: Would not incineration deprive the

schools of medicine of anatomical material, the phrenologists,

craniologists, and last, but not least, the anthropologists, of the

basis of their investigations; namely, the human skeleton?

Objections of this nature can only provoke a smile. In a country like

ours, where many of the cadavers which are dissected in our medical

schools are stolen from the graveyards, the proposed introduction of

cremation must, no doubt, raise a storm among teachers of anatomy, who

are fearful that the supply of corpses will be cut short by the reform.

It is not to be wondered at, that the anatomists raise a cry of alarm,

for, indeed, I know of no other method of disposal of the dead that is

as damaging to their relations with the defunct as cremation. Even a

professor of the Jefferson Medical College, a man who ought to have

known better, joined the anti-cremationists for these reasons. Every

educated person knows that a thorough knowledge of anatomy is essential

to the successful practice of medicine and surgery, and that a

familiarity with the internal workings of the human system can be gained

in no other way under the sun. But although I belong to the medical

fraternity, I can but wish that such a terrible and desecrating practice

as grave-robbing be put a stop to. It is for the government of each

state to provide fully for the dissecting-rooms of the medical colleges,

to deliver to them all who die in prisons and poor-houses. Prisoners

should not be given up, even when claimed by relatives or friends; the

idea that the commission of crime may land one on the dissecting-table

may deter many from trespassing the laws of their country.

What difference it makes whether future generations know, or do not

know, how our skulls compared with that of a gorilla, I cannot conceive.

Let the craniologists and allied scientists make their investigations

now and record them in books. Printed matter of value is immortal.

How the archæologists and anthropologists, ignoring the printing press,

can imagine (for such fears only dwell in their imagination and have no

real foundation) that without the records of the tombs the present age,

its acts and deeds, might pass away from the ken of posterity as

completely as the ancient civilizations of Central America and Malacca,

I am unable to explain. But even if dire oblivion should be the ultimate

doom of the nineteenth century, the opinion of the world two thousand

years hence is of little consequence when compared with the health of

those now inhabiting it. In the words of the learned rector of the

University of Padua, Professor Coletti: “Man should disappear and not

rot; he should no more be transformed into a mass of corruption—the

source of filthy and injurious exhalations—than into a grotesque mummy,

a shapeless mixture of pitch, resin, and perfumes; man should become a

handful of ashes and nothing more.”

“Would not cremation rob nature of its supply of ammonia?”

This, one of the most discreetly urged weapons against cremation, was

that promulgated by Professor Mohr, who asserted that if incineration

were practiced to its full extent, an interruption to the order of

nature would ensue, since the supply of ammonia would be arrested or

greatly curtailed.

Dr. Mohr’s objections to the cremation of the dead principally rest upon

the following bases:—

1. That ammonia is the most important form in which nitrogen is taken up

by the plants.

2. That free nitrogen does not, or at any rate in sufficient abundance,

return to the organized world.

3. That in cremation the ammonia is entirely destroyed, and the nitrogen

entirely liberated.

4. That the nitrogen of buried corpses is entirely converted into

ammonia.

Mohr soon had many followers who imagined that if the bulk of all animal

remains should be burnt to ashes, the mischief produced by the loss of

ammonia would be incalculable. They claimed that it is as necessary to

vegetable life as is the air we breathe to us; that there is no

counterbalance in nature whereby this ingredient can be supplied from

other sources; and that by cutting off a large proportion of the supply

of ammonia the loss would be quickly felt throughout all the animal

kingdom, and would soon be followed by an appreciable diminution of

animal life on the globe.

Dr. Mohr’s objections were met by the eminent Professor Franchimont, of

the University of Leyden, Holland, who proved that the views held by his

_confrère_ were both erroneous and absurd, and concluded his _exposé_ as

follows:—

1. That it is not proved that ammonia is the chief nitrogenous

constituent of plants.

2. That it is proved that free nitrogen returns by many and various

routes to the organic world.

3. That it is not certain that by interment all the nitrogen becomes

ammonia, and that probably a portion of this ammonia is temporarily

taken out of circulation; and, finally,

4. That it is not proved that the nitrogen is completely set free during

cremation. And even if this were so, its quantity, in comparison with

that of the ammonia now yearly produced by the dry distillation and

combustion of coal, is so small that the loss of it cannot be advanced

as any really serious objection to the practice of cremation.

I must here add that the explanations given by Professor Franchimont are

held to be perfectly satisfactory by seventeen professors and teachers

of botany and chemistry in the Dutch universities, whose names are well

known in the scientific world.

Students of agricultural chemistry, and others interested in the

subject, should not fail to read Mr. Eassie’s excellent article on the

asserted loss of ammonia caused by the cremation of bodies, in the

_London Sanitary Record_ of Jan. 18, 1878.

It must be remembered that all animals—from the smallest insect to the

largest beast—excrete a great amount of ammonia during their lifetime,

which passes off with the fecal matter, urine, and transpiration.

Besides, it cannot be denied that ammonia is formed spontaneously,

during the great electrical processes which take place in nature, from

the nitrogen and water of the atmosphere. The smoke that emanates from

the chimneys of factories all over the world supplies more ammonia to

the vegetable kingdom than the decomposing animal bodies ever could.

And, finally, it must be kept in mind that we can generate ammonia

artificially; therefore, should a dearth of ammonia ever occur, which is

not very likely, this expedient would still be left to us.

There is no recorded evidence to show that any damage was done to the

Egyptian vegetable world by the mummification which was carried on for

thousands of years in the land of the Pharaohs. On the contrary, the

country was in a more flourishing condition then than now.

The sentimental objection to cremation I have already treated of in a

previous work; but since I have something to add to what I then

remarked, I will revert to the topic.

The subject at first glance is revolting. To some persons there may be

something in the idea of reducing one’s friends to ashes that is

repulsive. Yet, when one makes a careful study of the question, that

prejudice or repulsiveness wears away entirely, and makes way to a

feeling that cremation is correct both in theory and practice. One

should not listen to the emotions in a matter like this, but study

incineration to be able to judge of it; objections founded on sentiment

only are sure to be wrong.

If the general public knew, as a physician does, the many changes a body

undergoes in the process of decomposition,—putrefaction and most

disgusting changes,—I think a great deal of their objection to cremation

would be removed. I fancy if people in general could see the ordinary

process of decomposition, they would be in favor of the quicker and more

scientific method of cremation.

The Bishop of Lincoln intimated that incineration would keep all future

great ones out of the silent company of those who have in former times

added lustre to England’s name. It will do no such thing. I cannot

comprehend what obstacles could stand in the way of the entombment of an

urn containing the ashes of some illustrious personage who chose to be

cremated instead of buried, in Westminster Abbey.

Mr. William Eassie says:—

“In the play of ‘Virginius’ the body of Virginia is represented as

having been placed in an urn, and when the distraught father inquires

for his missing daughter, the vase is placed in his hands by the

sorrowing lover. When this scene is presented, the thrill which seizes

the audience is succeeded by a sensation of admiration at the eminently

superior system of the ancients. I have seen the actor Brooke, in this

tragedy, and the effect which he here produced was inexpressible. Many

whom I have consulted as to the feelings engendered at this point have

invariably declared that they were at the time complete converts to

cremation, and that the sense of approval only left them when they began

to realize how impossible were funeral pyres in this country. Happily

the Siemens apparatus is now at hand, and its suitability proved beyond

cavil.”

An eye-witness to the process of incineration says: “I have stood before

the crematory with a faltering heart. I have trembled at the thought of

using fire beside the form of one whom I had loved. But when, in

obedience to his own dying wish, I saw the door of the crematory taken

down, its rosy light shine forth, and his peaceful form, clad in white,

laid there at rest amid a loveliness that was simply fascinating to the

eye, and without a glimpse of flames, or fire, or coals, or smoke, I

said, and say so still, this method, beyond all methods I have seen, is

the most pleasing to the senses, the most charming to the imagination,

and the most grateful to the memory.”

[Illustration: GROUND PLAN OF THE BUFFALO CREMATORIUM.]

“Is cremation illegal?”

This interrogation I am obliged to answer with a most decided “No!” In

our country, it is true, the legal status of the question is somewhat

unsettled, but I do not believe that any action taken in our American

courts could prevent any persons from cremating a dead body who wished

to do so, provided it was not contrary to the expressed wishes of the

deceased. In England it is only illegal to burn a corpse in cases where

an inquest ought to be held or has been ordered. In other cases, if the

burning is conducted in such a manner as not to cause a nuisance or

offense against public decency, there is no rule of law to prevent this

mode of disposing of a corpse being adopted. Some time ago a rajah, who

consulted Mr. Eassie as to burning the body of his _ranee_, had to be

told that what he claimed as a right in India could not be accorded him

in the capital of the Empire except at a risk of scandal. Thanks to the

decision of Sir James Stephen, the honorary secretary of the Cremation

Society of England would not now be forced to make such a humiliating

admission.

There are, I am sorry to say, individuals who think that those who are

cremated let themselves be burned only because they are anxious to

create for themselves a little notoriety after death. I can but pity the

people who believe that Dr. Gross and Garbaldi, for instance, adopted

such a means to attract public attention after decease. Those who now

order their bodies incinerated after that mysterious power called life

is fled, have the courage of their opinions, recognize the many

advantages of incineration, and allow their convictions to triumph over

local and even family prejudice; they are the true martyrs of cremation.

The cremation of the dead considered from an aesthetic, sanitary, religious, historical, medico-legal, and economical standpoint · 第 5 / 8 章