2. _The Commission._

Allowing the fact of the occurrence of an abortion to be proved or

granted, it becomes necessary to discover its cause, whether accidental,

natural, or intentional. Of this it will be found that the proofs are

both positive and negative; drawn from the history of the case and from

personal examination of the patient and the fœtus. The value of each of

these elements is increased in proportion as it is compared with the

other; but “this I wish most especially to have noted, that WHEREVER

THERE IS A MISCARRIAGE, THERE IS ALWAYS PRESENT SOME ACTUAL, PERCEPTIBLE,

AND OFTEN TANGIBLE CAUSE.”[115]

The story of the patient may be to one effect, and that of other parties

involved, to a very different one; if the first is corroborated by the

second, it may again, as has already been remarked, present or not the

likelihood of truth. If the habit of aborting at a certain period has

existed, which of course cannot be alleged in a first pregnancy, if

the patient has had sudden fright or grief, or is known to have been

accidentally injured, the chances are to be considered in her favor, in

the absence of proof to the contrary. The converse of this statement,

however, must not be considered as always and necessarily true. Women

have time and again suffered shipwreck, undergone torture, been thrown

from a height, and otherwise severely injured, and yet have escaped

miscarriage; while, on the other hand, they may repeatedly have aborted

before, and yet passing safely their usually critical point, may without

trouble go on to the full period. In still other cases there may exist

local disease, pelvic or uterine, which, if left alone, would of itself

occasion miscarriage.

The character of the abortion is not without its value, whether occurring

suddenly and without apparent cause, or preceded by maternal disease or

the signs of fœtal death.

Examination of the mother, though proof that she has herself been

injured is not necessary to establish the crime, may reveal local wounds

and mutilations; or their absence, which, however, by no means goes

to prove that violence may not have been inflicted; and, on the other

hand, as in a case lately reported by the writer to the Boston Society

for Medical Observation, traces of former violence in instrumental or

other labors may remain, and to such an extent as to give to the touch

every character of a recent and criminal interference.[116] The fœtus

may show pre-existing and natural disease sufficient to account for

the effect apparent, or may present the signs of direct and intentional

interference. Recent scars of venesection on the arms and feet, and of

leech-bites, especially on the upper and inner parts of the thighs, are

suspicious in a patient who has aborted, unless they were evidently

required by the state of her previous health. If signs of irritant

injections into the vagina are present, they are ground for more than

suspicion.

The instrument, where used, with which the operation has been performed,

may sometimes be identified; though this is almost impossible unless

by confession or direct testimony. The weapons resorted to by the

unprofessional are various; knitting kneedles, pen handles, skewers,

goose quills, pieces of whale-bone, and even curtain rods, are among the

number. The finger alone, except where the uterus is prolapsed or can

be depressed, and the os is very soft and patulous, is seldom if ever

sufficient for the deed. If a physician be accused, it is important to

notice with what instrument the crime is said to have been performed, if

before witnesses, and whether it was introduced openly or under pretence

of a digital examination.

The sensations of the patient at the time, are also in different cases

unlike each other. In some instances nothing unusual is observed, in

others a prick or probing, but in most an acute and tearing uterine pain,

often followed by syncope or an hysterical attack. Slight but immediate

hemorrhage generally occurs, save in professional cases, increased by

compelled exercise, prolonged baths or ergot.

The time ensuing before the expulsion of the fœtus is an element not to

be lost sight of. In 34 cases reported by Orfila, the minimum observed

was 13½ hours, the maximum 6 days; in 36 cases by Tardieu, the minimum

was 5 hours, the maximum 11 days. Of these last cases, however, 29 were

within 4 days.

It cannot be alleged in excuse that the sex of the child, so fatal in

advanced pregnancy, has any influence in producing early abortion. In 293

premature still-births reported by Collins,[117] 146 were male and 147

female, bearing the proportion of 100 to 100. Nor can the plea of Drs.

Gordon Smith, Good, Paris, and Copeland, that as a fœtus born before the

seventh month has a slender chance of surviving, its murder should be

viewed with leniency,[118] be allowed. Such arguments, that the perils

and dangers to which the fœtus is naturally subjected should lessen the

criminality of attempts at its destruction, are without foundation, and

when advanced by physicians are utterly unworthy the profession.

On criminal abortion in America · 第 20 / 37 题