1. _The Occurrence._

The abortion may perhaps be known to have taken place by confession or

witness; in either case requiring no further demonstration. Instances are

not rare, however, where suspicion merely may exist, and the fact must be

proved by collateral testimony; and this in two cases, where the woman is

still alive, and where she is dead.

The general history of the case, even if pregnancy and delivery be

equally denied, may throw some light on its true nature. This as given,

no matter how affected by the evidence of interested or implicated

witnesses, may be probable or improbable; as in an instance related by

Burns,[111] where her sudden lessening in bulk was ascribed by a patient

to a night’s profuse sweating, of course an impossible result. But, on

the other hand, care is necessary lest from its rarity of occurrence or

its improbability, the reality should be disbelieved. Cases are on record

where innocent women, suffering from retention of menses or from ovarian

disease, and suddenly relieved by a critical and spontaneous discharge,

have on suspicion of abortion lost character and even their lives. If

the statements contradict each other, this fact of itself may reveal the

truth.

There are at times difficulties in proving delivery at the full period

of pregnancy, as is well known. The earlier in gestation, if the patient

survive, the more these difficulties are enhanced. The occurrence of

normal labor cannot be discovered with any certainty by a personal

examination after eight days have elapsed,[112] those of an early

abortion not even after only one or two.[113] The signs of delivery that

are well marked at the full period, the general symptoms then obtaining,

the size of the uterus, ascertained by the hand and sound, lacerations of

the perineum and cervix, the lochia, the state of the breasts, abdomen,

vagina, and vulva, all of little value except in conjunction with each

other, are proportionately less defined as we go back, until near the

commencement of pregnancy it becomes impossible to distinguish the

abortion from severe hemorrhage or from menorrhagia, unless by detecting

the impregnated ovum.

If the patient is dead, and too long time have not elapsed since the

supposed occurrence, decision is often more easy; many facts in the

case being generally known, and concealment being less possible. If

the ovum, but partially detached, be still retained, the fact is

self-evident; if it has been discharged, and concealed or lost, there

will still be present the recent corpus luteum and other well-known

signs, in proportion to the period of the pregnancy. Allowance, in this

latter respect, must be made for the possibility of partial uterine

contraction after death, as is sometimes known to occur at the full

period;[114] the writer has seen it to a marked degree some time previous

to the expiration of pregnancy, at a Cæsarean section after death from

laryngitis, occurring in the Edinburgh Maternity Hospital.

On criminal abortion in America · 第 19 / 37 题