CHAPTER I

Transcriber’s Notes:

Underscores “_” before and after a word or phrase indicate _italics_

in the original text.

Equal signs “=” before and after a word or phrase indicate =bold= in

the original text.

Small capitals have been converted to SOLID capitals.

Illustrations have been moved so they do not break up paragraphs.

Old or antiquated spellings have been preserved.

Typographical and punctuation errors have been silently corrected.

TEXT-BOOK OF

FORENSIC MEDICINE AND

TOXICOLOGY

BY

R. J. M. BUCHANAN, M.D., F.R.C.P.LOND., &c.

PROFESSOR IN FORENSIC MEDICINE AND TOXICOLOGY,

UNIVERSITY OF LIVERPOOL;

HONORARY PHYSICIAN, ROYAL INFIRMARY,

LIVERPOOL;

FORMERLY HONORARY PHYSICIAN,

STANLEY HOSPITAL;

ASSISTANT HONORARY PHYSICIAN,

LIVERPOOL CHEST HOSPITAL, ETC.

EIGHTH EDITION, REVISED AND ENLARGED

NEW YORK

WILLIAM WOOD AND COMPANY

MDCCCCXV

PRINTED IN GREAT BRITAIN

PREFACE

The present edition of _Forensic Medicine, Toxicology, and Public

Health_ has been issued in two volumes; the first, on _Public Health_,

written by Professor Hope, has been already published separately.

Hitherto the subjects have been dealt with in a single volume under

the title of Husband‘s _Forensic Medicine_, but as they are now being

taught by different lecturers and in separate classes in most of the

medical schools, it has been thought advisable to issue the work in

two parts. This volume on _Forensic Medicine and Toxicology_ has been

revised throughout, and certain alterations and additions have been

made, whilst at the same time the view that the work is intended for

students and junior practitioners has not been lost sight of.

The author expresses his indebtedness to Dr. M‘Fall, Demonstrator

of Toxicology in the University of Liverpool, for his assistance in

revising the section on “Toxicology,” and also to the publishers for

the compilation of the index.

Apart from the general bibliography mentioned in the text, the works

of Taylor and Stevenson, Dickson, Mann, Glaister, Petersen and Haynes,

have been consulted.

A plate, showing the centre of ossification in the lower epiphysis of

the femur in a full time fœtus, has been introduced at the last moment,

and will be found opposite page 64. References to the subject may also

be found on pages 33 and 174.

CONTENTS

SECTION I

FORENSIC MEDICINE

CHAP. PAGE

Introduction 1

I. Legal Criminal Procedure 2

II. Medical Evidence Generally, Identity 11

III. Modes of Dying, Sudden Death, Signs of Death 38

IV. Post-mortem Examinations and Exhumations, Instructions

of the Crown Office in Scotland 56

V. Assaults, Homicide, and Wounds 68

VI. Blood Stains, Spectra, and Biological Tests 89

VII. Burns and Scalds, Contusions and Bruises 110

VIII. Suffocation, Hanging, Strangling, and Throttling 118

IX. Drowning 127

X. Death from Starvation, Cold and Heat, Lightning and

Electricity 132

XI. Offences against Chastity 140

XII. Pregnancy and Delivery 150

XIII. Fœticide, or Criminal Abortion 159

XIV. Infanticide, Live Birth, Cause of Death to the Fœtus 165

XV. Inheritance, Legitimacy, Impotence and Sterility,

Survivorship, Malpraxis and Neglect of Duty,

Feigned Diseases, Exemption from Public Duties,

Wills 184

XVI. Mental unsoundness, General Symptoms of Insanity,

Mania, Melancholia, Dementia, Restraint of the

Insane, Forms of Medical Certificates,

Testamentary Capacity 192

SECTION II

TOXICOLOGY

I. Definition of a Poison, Sale of Poisons, Classification

of Poisons, Action of Poisons, General Evidence of

Poisoning, General Treatment in Cases of Poisoning,

General Methods of Examination for Poison 227

II. Division 1: Chemical--Corrosive Poisons 246

III. Division 2: Vital--Metalloid Irritants 267

IV. Metallic Irritants 274

V. Vegetable and Animal Irritants 317

VI. Food Poisoning (Bromatotoxismus) 328

VII. Vegetable Alkaloids 335

VIII. Narcotic Poisons 343

IX. Deliriant Poisons 349

X. Inebriant Poisons 354

XI. Sedative Poisons 364

XII. Cerebral Poisons 377

XIII. Neural Poisons 385

XIV. Excitomotory Poisons 388

XV. Irrespirable Gases 397

INDEX 405

LIST OF ILLUSTRATIONS

SECTION I

FORENSIC MEDICINE

Plate showing Centre of Ossification in the Lower Epiphysis PAGE

of Femur in full time Fœtus _To face_ 64

FIG.

1. Finger Prints 24

2. Finger Prints 25

3. Photo-micrograph of transverse section of Normal Hair

Follicle 27

4. Photo-micrograph of Wool Fibres 90

5. Photo-micrograph of Flax Fibres 91

6. Photo-micrograph of Silk Fibres 92

7. Photo-micrograph of Cotton Fibres 93

8. Measurement of Blood Corpuscles (human) 97

9. Measurement of Blood Corpuscles (sheep) 97

10. Photo-micrograph of Red Blood Corpuscles from Domestic Fowl 99

11. Photo-micrograph of Blood Corpuscles of Fish 99

12. Photo-micrograph of Blood Corpuscles from a Dried Stain of

the Blood of a Cod-fish 100

13. Photo-micrograph of a Frog‘s Blood showing oval nucleated

Red Corpuscles 101

14. Photo-micrograph of Crystals of Hæmin 102

15. Blood Spectra 104

16. }

17. }Pulse Tracings before and after Execution _opposite_ 121

18. }

19. Hymen of Child of Four Years--Annular Type 144

20. Virgin Hymen, with Central Slit 144

21. Photo-micrograph of Human Spermatozoa 147

22. Deflorated Hymen, after Parturition, in Adult Woman 149

23. Abortion at Fourth Week 159

24. Abortion between Sixth and Eighth Week 160

25. Abortion at Tenth Week 160

26. Photo-micrograph of Human Milk 177

27. Photo-micrograph of Starch Granules 179

SECTION II

TOXICOLOGY

28. Photo-micrograph of Crystals of Oxalic Acid 258

29. Photo-micrograph of Crystals of Oxalic Acid 259

30. Photo-micrograph of Sublimate of Arsenious Acid obtained

by Reinsch‘s Process 284

31. Dowzard‘s Apparatus for Gutzeit‘s Test for Arsenic 285

32. Photo-micrograph of Crystals of Tartarated Antimony 292

33. Photo-micrograph of Crystals of Tartarated Antimony 293

34. Photo-micrograph of Crystals of Corrosive Sublimate 298

35. Photo-micrograph of Globules of Mercury obtained by

Reinsch‘s Process 303

36. Photo-micrograph of Crystals of Hydrochloride of Morphine 339

37. Photo-micrograph of Meconic Acid crystallised from Aqueous

Solution 340

38. Photo-micrograph of Meconic Acid crystallised from an

Alcoholic Solution 340

39. Photo-micrograph of Crystals of Cyanide of Silver obtained

by the Vapour Test 372

40. Photo-micrograph of Crystals of Strychnine Sulphate from

an Aqueous Solution 389

41. Photo-micrograph of Crystal of Strychnine Sulphate from

Aqueous Solution 389

42. Photo-micrograph of Strychnine Sulphate, Film Preparation

from Chloroform Solution 391

43. Photo-micrograph of Chromate of Strychnine 391

44. Photo-micrograph of Sulphocyanate of Strychnine 392

45. Photo-micrograph of Crystals of Brucine Sulphate 395

46. Photo-micrograph of Crystals of Brucine Sulphate 395

=FORENSIC MEDICINE AND= =TOXICOLOGY=

SECTION I

FORENSIC MEDICINE

INTRODUCTION

Medical Jurisprudence, Forensic Medicine, or Legal Medicine are terms

for that science which teaches the application of the knowledge of all

branches of medical and surgical science and art to the solution of

every question connected with the conservation of the species and the

administration of Justice. We find traces of this science in the Jewish

law; among the Egyptians, according to Plutarch; and even among the

Romans as early as the times of Numa Pompilius. Among German writers

the term State Medicine includes both Medical Jurisprudence and Medical

Police, Public Health, or Sanitary Science.

The special knowledge requisite to the Medical Jurist differs in many

ways from that requisite for the art of healing the sick. The majority

of medical students and practitioners may consider a simple exercise

of common sense in the application of their general professional

knowledge to the elucidation of problems of medico-legal import all

that is requisite, and that no special training is necessary for the

purpose. They may hope that it may never fall to their lot to be

called upon to act in the capacity of medical jurists. It may occur,

however, to any medical practitioner at any time of his professional

career that his services be requisitioned by law for the purpose of

elucidating problems of such a nature as will demand from him thought

and judgment quite apart from those he exercises in the ordinary course

of his medical and surgical practice. From such a requisition he has

no escape; he cannot shift his responsibility to another, and it

behoves him, therefore, to acquire a knowledge of Forensic Medicine,

in order to guide him, when so called upon, to give such evidence

as will enable a judge and jury to arrive at a just conclusion. The

relations of all medical practitioners to the State are twofold--first,

as healers of disease, and secondly, both as guardians of the innocent

against unfounded criminal charges and aids towards the detection and

punishment of crime.

CHAPTER I

LEGAL CRIMINAL PROCEDURE

ENGLAND AND IRELAND

=The Coroner‘s Court.=--The office of coroner is mentioned in a charter

in 925. Coroners were formerly chosen for life by the freeholders of

the district, but their election is now in the hands of the County

Councils. Their duties were first clearly pointed out by the Act 4 Edw.

I. c. 2, 1275 (_De officio coronatoris_).

At the present time the duties of the coroner are chiefly to hold

inquiry into the cause of death when there is any reason to doubt that

death resulted from natural causes.

When death results from natural causes, and under ordinary conditions,

the medical attendant is bound, under a penalty of forty shillings,

to certify as to the cause. The registrar of deaths accepts such a

certificate when accompanied by oral testimony given by a person who

was present at the time of death, and issues a certificate accordingly,

authorising the interment of the deceased.

Should conditions obtain to prevent the medical attendant from forming

an opinion as to the cause of death, or which would lead him to infer

that death did not take place from natural causes, he should notify the

matter to the coroner. Such would be necessary if death were directly

or indirectly due to accident, or if death occurred within a reasonable

time after an accident, although due to some other cause, or if an

accident happened to deceased during the course of a chronic illness,

the accident, however, not being in itself necessarily fatal.

It would be necessary also to notify the coroner if the death took

place under circumstances which, to the medical attendant, appeared

suspicious, such as might arise from culpable neglect or cruelty on

the part of persons in charge of the deceased. The same would apply to

cases in which the cause of death was unknown. A great responsibility

rests on the medical practitioner, in that he is compelled under a

penalty to certify as to the cause of death; while if he do so without

due consideration, or carelessly, he renders himself liable to censure

or legal proceedings.

It may happen that in certain cases--for example, where an accident

befell the deceased during the course of a lingering illness, and which

in itself had no causal relations to the death--the doctor may be prone

to certify the death as from the illness alone, taking no note of the

accident; and pressure may be brought to bear upon him by the relations

of the deceased to so certify and save them the trouble and publicity

of an inquest. It should be remembered, however, that although the

certificate be accepted by the registrar, and interment take place, the

coroner, if informed of the matter, may order the body to be exhumed

for the purposes of inquest.

There are coroners who, on receipt of information of death from

uncertain causes, may elect, on evidence obtained apart from the

medical practitioner, to notify the registrar authorising the interment

without holding an inquest. The law, however, states that, “except upon

holding an inquest, no order, warrant, or other document for the burial

of the body shall be given by the coroner” (50 and 51 Vict.).

The Coroners Act (50 and 51 Vict.) provides that, when a coroner is

informed that the dead body is lying within his jurisdiction, and there

is reasonable cause to suspect that such person has died a violent or

unnatural death, or a sudden death, of which the cause is unknown, or

died in prison, he shall summon a jury of not less than twelve, or more

than twenty-three, men to inquire touching the death of such person

aforesaid.

If the deceased were attended at his death, or during his last illness,

by a legally qualified medical practitioner, the coroner may summon

such practitioner as a witness. If the deceased were not so attended in

his last illness, the coroner may summon any legally qualified medical

practitioner in actual practice, in or near the place where the death

happened, to give evidence as to the cause of death. In either case

the coroner may require the medical witness to make a _post-mortem_

examination of the body, with or without analysis of the contents of

the stomach or intestines.

Should a statement on oath be made by any one before the coroner, that

in his belief the death of the deceased was caused partly or entirely

by the improper or negligent treatment of a medical practitioner, such

medical practitioner shall not make or assist at the _post-mortem_

examination.

If a majority of the jury are not satisfied with the medical evidence,

they may require the coroner, in writing, to summon another legally

qualified practitioner, named by them, to make a _post-mortem_

examination, with or without analysis of the contents of the stomach

and intestines, and give evidence as to the cause of death. A medical

practitioner who fails to obey the summons of a coroner, issued in

pursuance of the Coroners Act, is liable to a penalty not exceeding

five pounds, unless he shows good and sufficient cause for not having

so done. When evidence has been given before a coroner or magistrate,

and the case is afterwards sent for trial, copies of the medical report

and depositions are given to the judge and counsel, so that evidence

given at the trial is compared in detail with that given before the

coroner or magistrate. In view of this, it is imperative on the part of

medical witnesses to carefully consider their evidence before giving it.

The object of a coroner‘s inquest is to ascertain whether the death of

the person, over whose body the inquest is held, was due to natural

causes or not.

The proceedings are not directed against any one, they do not

constitute a trial, and hearsay evidence is admissible. The coroner

and jury alone have the right to interrogate the witnesses. Counsel

may be present in the interest of persons concerned with the inquest

who may desire such assistance, but counsel may not cross-examine any

witnesses, and may only question them by permission of and subject to

the decision of the coroner.

Witnesses are examined on oath, their evidence is taken down, and

should the case be transferred to a superior court, they are bound

under a penalty to appear and give evidence. The coroner may adjourn

an inquest for the purpose of obtaining further evidence, if he should

deem it necessary.

Should the verdict of the jury charge a person with murder, the coroner

issues a warrant for the arrest of the person, unless the person be

already in custody. In the case of manslaughter the coroner may accept

bail. According to the Act 4 Edw. I. c. 2, the coroner and jurors must

_view_ the body, this being _absolutely necessary_ to give jurisdiction

to him, and he has the power, within a convenient time after the death,

to order a dead body to be disinterred for this purpose.

Order of Summons from the Coroner to a

Legally Qualified Medical Practitioner

=_“London._=

_To wit_--_To_ ____________________ Esq., Surgeon.

“Sir--By virtue of this my Order as one of His

Majesty‘s Coroners for the _County of London_ you are

hereby required to be and appear before me and the jury on

______ day, the ______ day of ______ at ______ o‘clock in the

______ noon, at ______ in the Parish of ______, then and there

to give evidence on His Majesty‘s behalf touching the death

of ____________, and to make or assist in making a _post-mortem_

examination of the Viscera of the Head, Chest, and Abdomen of

the body of the said ____________ with ______ an analysis and

report thereon at the said Inquest. And herein fail not at your

peril.

Dated the ______ day of ____________ 19.”

(Signature of Coroner.)

=Prosecution.=--There was no Public Prosecutor in England until some

years ago, when an Act was passed authorising the appointment of such

an official, who should undertake the duty of prosecuting in certain

and specific cases of public importance, and in districts where the

appointment might be agreed upon. In ordinary circumstances it has

usually been left to the person against whom a crime has been committed

to prosecute the offender.

=Magistrates‘ Court.=--In the Magistrates‘ Court of Petty Sessions, the

proceedings are for the purpose of investigating as to the culpability

or non-culpability of a person accused of some criminal act, or

criminal negligence.

In this Court the accused person must be present, as the inquiry is

relative to his guilt or innocence. Witnesses in this Court may be

examined and cross-examined by counsel. A magisterial investigation

cannot take place if no arrest have been made. The magistrate may

deal summarily with cases of simple assault and such-like of minor

import, but when the case is of a more serious nature, and in suspected

manslaughter or murder, the accused person is committed to a superior

Court for trial, such as the Court of Quarter Sessions, the Assize

Court or, in London, the Central Criminal Court, all witnesses, medical

or lay, being bound over to appear and give evidence. The summons to

the Assizes is called a _subpœna_, and all witnesses receiving the

same, when accompanied with reasonable travelling expenses, are bound

to obey it.

=Assizes.=--The Assizes comprise two Courts, the Crown Court and the

Civil Court. A separate judge presides over each. In the former only

cases of a criminal nature are tried; in the latter suits are tried

between two parties. Medical practitioners may be called upon to give

evidence in either Court, according to the nature of the case in which

they are directly concerned.

Prior to a case being investigated by a judge and petty jury, it has

to come before the grand jury. This jury decides whether the case is a

proper one to proceed to trial.

The grand jury hear the evidence of such witnesses as they think fit,

apart from counsel. Should the grand jury consider the case one for

trial, they return a “true bill,” and it goes before the judge and

petty jury; if not, they “cut the bill,” and the accused is discharged.

Medical witnesses may be called upon, when under subpœna, to give

evidence before the grand jury.

The Crown Court of Assize consists of a judge and a sworn jury of

twelve men, called the petty jury. The latter hear the evidence of

witnesses, and are guided by the summing up of the judge. They deliver

a verdict after consideration of the evidence by which the accused

person is found guilty or not guilty. The judge, after receiving the

verdict, allots such punishment as he considers just. In certain cases

the prisoner when convicted may appeal to the Court of Criminal Appeal.

In the Assize Courts only barristers can plead; in the Magistrates‘

Courts of Petty Sessions, solicitors or barristers may plead.

In the Courts of Assize the witnesses are subject to the following

routine of examination. First, _Examination-in-chief_: this the witness

undergoes at the hands of the barrister who is pleading on behalf of

the party by whom the witness is called. In this examination such

questions are put to the witness as may elicit answers conveying to the

judge and jury a clear account of all the witness knows with regard to

the case. After the examination-in-chief, the counsel of the opposite

side subjects the witness to _cross-examination_, in such a way as to

shake the evidence given by the witness during his examination in chief

in points which would weigh against the prospects of his client. _It is

during cross-examination that a medical witness may be subjected to

questions which suggest answers capable of a different interpretation

from those he had previously given._ After cross-examination, the

counsel for the party upon whose side the witness appears subjects the

latter to _re-examination_, if he consider it necessary, during which

he endeavours to clear up any doubtful points in the evidence given by

the witness during cross-examination, with the purpose of eliciting an

explanation of their meaning.

The judge and members of the jury may put such questions to the witness

as they may consider necessary.

The same method of procedure applies to the higher Courts.

SCOTLAND

In Scotland public prosecutors are appointed by the Crown. The

chief public prosecutor is the Lord-Advocate; next in rank come

the Deputy-Advocates and Procurator-Fiscal. The Lord-Advocate and

Deputies take charge of cases in the High Courts of Justiciary, the

Procurator-Fiscal in the lower Courts.

The duties of the public prosecutor are to bring all accused persons

to a bar of justice; and in addition he acts as the coroner does

in England. Any person who is supposed to know anything about the

case is interrogated by the Procurator-Fiscal, or is _precognosced_.

The examination is made on oath; the written evidence constitutes

the _precognitions_. Counsel for the accused or for the Crown may

precognosce witnesses.

The preliminary examination of the accused takes place before the

Sheriff or Justice, and he may commit the person for trial or liberate

him, according to the evidence.

The precognitions, in cases of committal, are forwarded to the Crown

Counsel in Edinburgh, who may stop the proceedings, or send the accused

before the High Court, Circuit Court of Justiciary, or Sheriff, with

or without a jury. The Justiciary Courts correspond to the Courts of

Assize in England. Should the case be so transferred for trial, the

witnesses are summoned by writ. A penalty of £5 may be imposed for

disobedience to such writ, or imprisonment pending expression of regret

before the Court, and tendering bail for appearance.

Common witnesses and medical witnesses to fact are not allowed in

Court except when giving evidence. Expert witnesses may be allowed to

remain in Court by mutual consent of counsel. When one expert witness

is giving evidence, other experts are required to leave the Court, and

no expert witness who may have been present during the examination of

common witnesses is allowed to give evidence as to facts.

The verdicts of “Guilty” or “Not guilty” are similar to those given in

England, but in addition a verdict of “Not proven” may be given, and

all are final. In the case of the last two the accused cannot be tried

again.

In Scotland the verdict of a bare majority of the jury holds

good, whereas in England the decision must be unanimous. In the

case of a suspicious death, or a dead body being discovered, the

Procurator-Fiscal, acting as a coroner does in England, but without

a jury, may direct a medical man to examine the body and send in a

report; but all reports must be certified _on soul and conscience_,

without which they are of no value. Should the medical examiner be

satisfied without making an internal examination, he may certify to the

Procurator-Fiscal on the result of his external examination.

Should the Procurator-Fiscal consider it requisite to have a complete

examination, he issues a warrant to that effect to the medical

practitioner who has seen the case, and usually associates with him the

most skilled practitioner available in the neighbourhood. The warrant

consists of a petition by the Procurator-Fiscal, addressed to the

local judge, setting forth the grounds of his application, and craving

warrant to the inspectors named to make the necessary examination. This

is signed by the Procurator-Fiscal, and countersigned by the Sheriff or

local judge, if granted. The receivers of this warrant are empowered

to take full custody of the body, and they should be _careful to carry

the warrant with them_, or they may be refused admission pending its

production, which may result in great waste of time, and end in a

miscarriage of justice. The Procurator-Fiscal may supply to the medical

inspectors portions of the precognitions likely to bear on the medical

part of the inquiry. Medical men ought to be on their guard against

performing dissections in cases evidently judicial without previously

warning the proper law authorities, or without a warrant; for instances

have occurred where, owing to the want of proper support, obstructions

were thrown in the way which might have proved fatal to the value

of the investigation; and, besides, the premature disclosure of the

results of the inspection might frustrate other important steps of the

precognition.

The medical men so engaged will, as a rule, find it to their interest

to exclude all visitors, whether lay or professional, from the room

during the dissection. The regulations issued by the Crown Office,

Edinburgh, direct that no one should be allowed to be present at

the examination out of mere curiosity, and recommend that any one

not engaged in the inspection, but who is in attendance to give

information, or for any other purpose, and who may afterwards become

a witness, should remain in an adjoining room. The medical inspection

often furnishes good tests of the value of other evidence in the case;

therefore, it is desirable that the general witnesses should not have

an opportunity of knowing what is observed in the dissection of the

body. The notes of a case should be made at the time of inspection or

immediately afterwards. In the case of _post-mortem_ examinations it

is better that while one inspector conducts the practical details of

the examination, the other should take notes of its successive steps,

indicating all the points inquired into, with the observations made,

the appearances presented, negative as well as positive, stating simple

facts alone, without either generalisations or opinions. These notes

should be looked over by both inspectors before the body is sewn up, so

that omissions in the notes, or in the inspection itself, may be then

supplied.

Citation of Witnesses--Subpœna

In England, except upon a subpœna, a medical man is not bound to attend

as a witness at a trial, and then it should be served a reasonable time

before the trial, in order that he may make proper arrangements for

the carrying on of his business during his absence. In civil cases his

reasonable expenses should be tendered to him at the time the subpœna

is served, or within a reasonable time of the trial; and he may refuse

to give evidence unless his charges are paid, provided his objection be

stated _before he has been sworn_. A witness may be summoned from any

part of the United Kingdom.

The question has been raised, whether a _scientific witness_ was bound

to attend when subpœnaed. The law on the point is enveloped in some

obscurity; the better course is therefore to attend.

No tender of fees is necessary in criminal cases, “except in the case

of witnesses living in one distinct part of the United Kingdom being

required to attend subpœnas directing their attendance in another, who

are not liable to punishment for disobedience of the process, unless

at the time of service a reasonable and sufficient sum of money, to

defray their expenses in coming, attending, and returning, have been

tendered to them.” When summoned to two cases, the one civil, the other

criminal, the witness must attend the criminal; or when both cases are

the same, the one to which he first received the subpœna--notifying,

however, to the counsel engaged on the other case his unavoidable

absence, and giving the reasons which prevent his attendance.

In Scotland, witnesses are summoned by a writ or citation, which

must be delivered at the residence of the witness a reasonable time

before the trial. Delivery to a member of the family, or a servant

not within the house, will not do. If access cannot be gained, the

copy is fastened to the most patent door of the house. If the witness

do not appear, and it be clearly shown that he was duly cited, a

warrant for his apprehension may be issued, and he becomes liable to

be incarcerated till he finds “caution” for his due attendance at the

trial. His non-attendance may also, unless good excuse be forthcoming,

render him liable to a fine, or unlaw, of a hundred merks Scots--about

£5.

=Form of Subpœna in England.=--Where a medical witness has given

evidence in a case in which the accused person has been committed for

trial to a superior Court, he is summoned to give evidence at such

Court in the following terms:

[Sidenote: L.S.]

“George, by the grace of God, of the United Kingdom of

Great Britain and Ireland, King, Defender of the Faith,

To ______________________ Greeting: We command you, and every

of you, that all business being laid aside, and all excuses

ceasing, you do in your proper persons appear before our

Court of Quarter Sessions of the Peace (or other Court),

assigned to keep the peace in the City (or Borough) of

__________________________, and also to hear and determine

divers Felonies, Trespasses, and other Misdemeanours in our

said City (or Borough) committed, to be holden within the

_______________________, in the said City (or Borough),

on ____________________ the _______ day of _________________

now next ensuing, at the hour of ten o‘clock in the forenoon

of the same day, to testify the truth and give evidence,

on our behalf, against __________________ in a case of

_____________; and this and every of you are in no wise to

omit, under the Penalty of Twenty Pounds for you and every

of you. Witness, ___________________, Esq., our Recorder at

____________ aforesaid, the ________ day of ____________ in

the ________ year of our reign.”

“(Signed)

“Clerk of the Peace.”

In =Scotland= the following is the form of summons to appear before the

High Court of Justiciary, and at an inquiry into a fatal accident:

(I.)

“_To_ __________________________________________________

“You are hereby lawfully cited to attend a sitting of

the High Court of Justiciary within the Criminal Court

__________, upon the ___________ day of _________ Nineteen

hundred __________ years, at ______ o‘clock _______ noon,

as a witness in the case against _______________________,

prisoner in the Prison of _______________, and that under

the pain of One Hundred Merks Scots.

“(Signed)

“Sheriff-Officer.

“_Note._--Any witness failing to appear in terms

of citation not only forfeits the penalty, but

is liable to be apprehended and imprisoned.

“(Preserve and bring this Copy with you.)”

FEES ALLOWED TO MEDICAL WITNESSES

=Coroner‘s Court.=--The Coroners Act states that fees for medical

witnesses attending an inquest shall be, for attending to give evidence

at an inquest whereat no _post-mortem_ examination has been made by

the witness, one guinea. For making a _post-mortem_ examination and

attending to give evidence, two guineas. No fee can be obtained for

making a _post-mortem_ examination by a medical practitioner, unless it

be made by order of the coroner. Extra fees are not provided for when

the inquest is adjourned. For an inquest held over the body of a person

who has died in a lunatic asylum, public hospital, infirmary, workhouse

infirmary, or other medical institution, whether endowed or supported

by voluntary contributions, the medical officer of such institution

shall not be entitled to a fee. Should the dead body of a person be

taken to such an institution, the medical officer, if summoned to give

evidence, is entitled to the usual fee. Such fees are paid at the

termination of the inquest.

=Magistrates‘ Court.=--If the witness reside within two miles of the

Court, the fee is ten shillings and sixpence; beyond two miles, one

guinea.

=Courts of Quarter Sessions=, and =Central Criminal Court of

London=.--One guinea per day, and two shillings a night away from home,

with threepence per mile each way travelling expenses.

=Assize Court.=--One guinea per day, with two shillings a night away

from home, and a reasonable and sufficient amount for travelling

expenses. If there be no railway, threepence a mile each way. Sundays

are not included.

=Court of Probate and Divorce.=--One guinea per day within five miles

of the General Post Office. If beyond, two or three guineas a day, with

expenses out of pocket for coming and returning.

=Court of Appeal.=--One guinea a day if resident in London; two or

three guineas, with travelling expenses, if from a distance.

=County Court.=--From fifteen shillings as an ordinary witness, with

one guinea per day expenses if from home, to one to three guineas for

qualifying as an expert witness. With attendance at Court one to two

guineas and expenses one to three guineas per day.

=In Civil Cases.=--An arrangement is usually made with the solicitor

for a fee; this should be made before accepting the subpœna. A written

undertaking for payment, and properly stamped, should be obtained from

the solicitor before giving evidence; in default of this, the witness

should appeal to the judge from the witness-box before being sworn.

After taking the oath a witness is bound to give evidence, and the

solicitor may refer him to his client for the fee, which may lead to

disappointment.

IN SCOTLAND

The fee for attendance at High Courts of Justiciary or the Sheriff

Criminal Court is one guinea per day, if the Court be held in the town

in which the medical witness lives. For a post-mortem examination

and report, two guineas. For an analysis of blood or other stains on

clothing, two to four guineas, depending upon the amount of work done.

If the witness come from a distance, he is allowed two guineas per day,

both for the actual attendance at Court and also for each day occupied

in travelling to and fro, with a guinea a day for travelling expenses.

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