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.