CHAPTER XVI

MENTAL UNSOUNDNESS

In the whole range of medical jurisprudence there is no subject more

interesting, more difficult, or more important than the diagnosis

of insanity, and its relation to the criminal responsibility of

individuals. It is impossible, in the short space at our disposal, to

do more than to offer a few remarks which may assist the student in the

elucidation of some of the most important cases which may engage his

attention.

=Legal Definitions.=--Three forms of mental disorder are recognised in

law:

1. _A nativitate, vel dementia naturalis_--idiocy or imbecility.

2. _Dementia accidentalis, vel adventitia_--acquired general

insanity, either temporary or permanent, lunacy.

3. _Dementia affectata_, acquired madness from intoxication, &c.

(See “Delirium Tremens,” p. 205.)

Under the term lunacy are included the mania, monomania, and dementia

of medical writers. Another term frequently used in legal proceedings,

the meaning of which it is not easy to give, is “_non compos mentis_,”

_unsoundness of mind_. According to the late Forbes Winslow,

“unsoundness of mind is not lunacy” in the legal acceptance of the

phrase. This term was first used in a Statute passed in the reign of

Henry VIII., relating to the punishment of treasonable offences, and

is defined by the early law text-books to be strictly one who _gaudet

lucidis intervallis_--a definition not psychologically exact. The

phrase “unsoundness of mind” was first used by the late Lord Eldon to

designate a state of mind not exactly idiotic, and not lunatic with

delusions, but a condition of intellect occupying a place between the

two extremes, and unfitting the person for the government of himself

and the management of his affairs.

The above definition has been acted upon by other judges--Lyndhurst,

Brougham, &c. As a rule, a medical witness will consult his own

interest in not attempting to define insanity, bearing in mind the

philosophic caution of Polonius, who, when addressing Hamlet‘s mother,

says--

“Your noble son is mad:

Mad call I it; for, to define true madness,

What is‘t but to be nothing else but mad?”

To the legal mind, the chief character of insanity is the presence of

_delusion_; but this view is far too restricted. It was first advanced

by Erskine in the trial of Hadfield. Before that trial the doctrine

was that every man was responsible for his acts, unless he was totally

deprived of his understanding and memory, and did not know what he was

doing, “no more than an infant, than a brute, or a wild beast” (R.

_v._ Arnold). In the case of Bellingham, the knowledge of “right” and

“wrong” in the abstract was the test of mental unsoundness; and, as in

the opinion of the judge and jury he was held to be capable of solving

this metaphysical problem, Bellingham was duly hanged.

Since the trial and acquittal of MacNaughton on the ground of insanity,

the doctrine of the knowledge of abstract right and wrong has been

changed to a knowledge of right and wrong in relation to the particular

act of which the person is accused, and also at the time of committing

it.

It has also been held that, on the assumption that a person labours

under partial delusion only, and is not in other respects insane, he

must be considered in the same situation as to responsibility as if

the facts, with respect to which the delusion exists, were real. For

example, if, under the influence of delusion, he supposes another man

to be in the act of attempting to take his life, and he kills that man,

as he supposes, in self-defence, he would be exempt from punishment.

If his delusion were that the deceased had inflicted a serious injury

on his character and fortune, and he killed him in revenge for such

supposed injury, he would be liable to punishment. “Here,” says

Maudsley, “is an unhesitating assumption that a man, having an insane

delusion, has the power to think and act in regard to it _reasonably_,

... that he is, in fact, bound to be reasonable in his unreason, sane

in his insanity.” Yet this was the doctrine laid down by the judges

in answer to certain questions propounded by the House of Lords after

the acquittal of MacNaughton (see Maudsley‘s _Responsibility in Mental

Disease_, pp. 88 _et seq._).

As laid down by English lawyers, madness absolves from all guilt in

criminal cases. Where the deprivation of the understanding and memory

is total, fixed, and permanent, it excuses all acts; so, likewise,

a man labouring under adventitious insanity is, during the frenzy,

entitled to the same indulgence, in the same degree, as one whose

disorder is fixed and permanent (Beverley‘s Case, Co. 125, Co. Litt.

247, 1 Hale 31). “But the difficulty in these cases is to distinguish

between a total aberration of intellect and a partial or temporary

delusion merely, notwithstanding which the patient may be capable of

discerning right from wrong; in which case he will be guilty in the eye

of the law, and amenable to punishment.”[17]

[17] Archbold‘s _Criminal Cases_.

Lord Hale, who first pointed out the distinction to be drawn between

total and partial insanity, offered the following as the best test

he could suggest: “Such a person, as labouring under melancholy

distempers, hath yet as great understanding as ordinarily a child of

fourteen years hath, is such a person as can be guilty of felony.” (On

this subject, see R. _v_. Ld. Ferrers, 19 St. Tr. 333; R. _v_. Arnold,

16 St. Tr. 764, &c.)

To excuse a man from punishment on the ground of insanity, it

appears that it must be distinctly proved that he was not capable of

distinguishing right from wrong, and that he did not know, at the time

of committing the crime, that the offence was against the laws of _God_

and _nature_ (R. _v_. Offord, 5 C. & P. 186).

I shall here quote from Macdonald‘s _Criminal Law of Scotland_:

“Insanity or idiocy exempts from prosecution. But there must be an

alienation of reason such as misleads the judgment, so that the person

does not know ‘the nature of the quality of the act’ he is doing, or if

he does know it, that he does not know he is doing what is wrong. If

there be this alienation, as connected with the act committed, he is

not liable to punishment, though his conduct may be otherwise rational.

For example, if he kill another when under an insane delusion as to

the conduct and character of the person--_e.g._ believing that he is

about to murder him, or is an evil spirit,--then it matters not that he

has a general notion of right and wrong. For, in such a case, ‘as well

might he be utterly ignorant of the quality of murder.’ He does the

deed, knowing murder to be wrong, but his delusion makes him believe he

is acting in self-defence, or against a spirit. Nor does it alter the

effect of the fact of insanity at the time, that the person afterwards

recovers.... But the alienation of reason must be substantial. Oddness

or eccentricity, however marked, or even weakness of mind, will not

avail as a defence. Even monomania may be insufficient as a defence,

where the delusion and the crime committed have no connection, or where

the person, though having delusions, was yet aware that what he did was

illegal.”

Mere moral insanity--where the intellectual faculties are sound, and

the person knows what he is doing, and that he is doing wrong, but has

no control over himself, and acts under an uncontrollable impulse--does

not render him irresponsible (R. _v_. Burton, 3 F. & F. 772). Some

medical writers contend that there are two forms of insanity--moral and

intellectual. The law only recognises the latter, owing probably to

the difficulty of distinguishing between so-called moral insanity and

moral depravity. Taylor says: “Further, until medical men can produce

a clear and well-defined distinction between moral depravity and moral

insanity, such a doctrine, employed as it has been for the exculpation

of persons charged with crime, should be rejected as inadmissible.”

The day may not be far distant when the term “moral depravity” will

be unknown, and future generations, ceasing to believe in absurd

superstitions, will come to look on crime as the result of disease

of the brain, and learn to treat, instead of to punish, the morally

diseased. (For a full discussion of this subject the reader is referred

to the works of Dr. Henry Maudsley.)

The fact of the sanity or insanity of the prisoner at the time the

crime was committed is left to the jury to decide, guided by the

previous and contemporaneous acts of the party; and it has been laid

down by Lord Moncreiff in Scotland, and Lord Westbury in England,

that the mental soundness or unsoundness of any individual is to be

decided by the jury on the ordinary rules of every-day life, and that

on these principles they are as good judges as medical men. The whole

tendency of legal practice, when dealing with the plea of insanity, is

to entirely ignore the medical evidence. On the question of medical

evidence in cases of insanity, Doe J., of New Hampshire, remarks: “At

present, precedents require the jury to be instructed by experts in

new medical theories, and by judges in old medical theories,” and that

in this “the legal profession were invading the province of medicine,

and attempting to install old exploded medical theories in the place

of facts established in the progress of scientific knowledge. If the

tests of insanity are matters of law, the practice of allowing experts

to testify what they are should be discontinued; if they are matters

of fact, the judge should no longer testify without being sworn as a

witness, and showing himself qualified to testify as an expert.”

=Lunacy--What Constitutes?= (8 and 9 Vict. c. 100, secs. 90 and

114).--Imbecility and loss of mental power, whether arising from

natural decay, or from paralysis, softening of the brain, or other

natural cause, and although unaccompanied with frenzy or delusion of

any kind, constitute unsoundness of mind, amounting to lunacy within

the meaning of 8 and 9 Vict. c. 100 (R. _v_. Shaw, 1 C.C. 145).

The above is the last definition of lunacy up to 1875; but as the law

on this subject is so constantly changing, the student will find it

best to consult the _Law Reports_ from time to time. (See the account

in the case of R. _v_. Treadaway, _Law Reports_. Also the _Lancet_, on

the same case, vol. i. 1877.)

For some valuable remarks on the subject of the irresponsibility of

madmen, the student is referred to the works of Maudsley, Pritchard,

Ray, Hoffbauer, Georget, and others.

The following suggestions are offered for consideration on this subject:

1. Was the act an isolated event in the life of the culprit? Has it the

appearance of spontaneity, or was it the culminating point of a life

spent in so-called criminal acts?

2. _Absence of a motive for the committal of the deed._--The absence

of an _apparent_ motive is no proof of an unsound mind; the moving

principle may be _“the conscious impulse to the illegal gratification

of a selfish desire_.”

3. _The presence or absence of a well-concerted plan of action is

a diagnostic sign of little value._--Casper remarks that “only in

one case can the examination of the systematic planning of the deed

afford any information, and that is when these plans and preparations

themselves evince the stamp of a confused intellect, and betray the

hazy consciousness, the mental darkness, in which the culprit was

involved.”

4. _A dominant delusion may be so concealed as to be for a time

undiscoverable._--The case of the man who gave no indication of his

madness till he was asked to sign the order for his release, when

he signed _Christ_, is an example how carefully a delusion may be

concealed even during a most careful examination. Questions directed to

this point showed that he laboured under all the errors which such a

delusion might suggest.

5. It may “easily be conceived that insane persons, whose unreason

affects only one train of thought more or less restricted, yet labour

in other respects under disorders of feeling which influence their

conduct and their actions and behaviour without materially affecting

their judgment: and that many of such deranged persons, who often

conduct themselves tolerably well in a lunatic asylum, and while living

among strangers with whom they have no relations, and against whom

they have no prejudices or imaginary reason of complaint; subjected,

besides, to the rules of the house and to an authority that nobody

attempts to dispute; would, nevertheless, if restored to liberty

and residing in the midst of their families, become insupportable,

irritable at the slightest contradiction, abusive, impatient of the

least remark on their conduct, and liable to be provoked by trifles to

the most dangerous acts of violence. If, under such circumstances, a

lunatic should commit any act of injury or serious damage to another,

would it be just to punish him; because it cannot be made apparent that

the action has any reference to, or connection with, the principal

delusion which is known to cloud his judgment, it being apparent that

his moral faculties have undergone a total morbid perversion?”

6. _Insanity with Lucid Intervals._--Haslam, Ray, and others appear

to deny the possibility of lucid intervals; but M. Esquirol, on the

other hand, fully recognises the existence of this form of insanity.

In a legal sense, a temporary cessation of the insanity constitutes

a lucid interval, but the cessation must be complete, and not merely

a remission of the symptoms. The interval must be of some duration;

and when continuous insanity has been proved, the onus of proving a

lucid interval in civil cases rests with the party trying to support

the validity of a deed executed during the alleged interval. “If

you can establish,” says Sir W. Wynne, “that the party afflicted

habitually by a malady of the mind has intermissions, and if there was

an intermission of the disorder at the time of the act, that being

proved is sufficient, and the general habitual insanity will not affect

it, but the effect of it is this--it inverts the order of proof and

presumption; for, until proof of habitual insanity, the presumption

is that the party agent, like all human creatures, was rational; but

when an habitual insanity in the mind of the person who does the act is

established, then the party who would take advantage of the fact of an

interval of reason must prove it.” In civil cases the law recognises

the validity of wills made during lucid intervals, and has even taken

the reasonableness of a will as a proof of a lucid interval.

7. Have measures been taken by the culprit to escape punishment?

The classification of insanity adopted here is that given by Ray, and

is sufficient for all practical purposes:

{ 1. Resulting from

{ congenital defect.

{ 2. Resulting from an

{ obstacle to the

{ Defective { _Idiocy_ { development of the

{ development { { faculties supervening

{ of the { { in infancy.

{ faculties. {

{ { { 1. Resulting from

{ { { congenital defect.

{ { { 2. Resulting from an

{ { _Imbecility_ { obstacle to the

{ { { development of the

{ { { faculties supervening

{ { { in infancy.

INSANITY. {

{ Lesion of { { 1. Intellectual--

{ the faculties { { (_a_) General.

{ subsequent { _Mania_ { (_b_) Partial.

{ to their { { 2. Affective--

{ development. { { (_a_) General.

{ { { (_b_) Partial.

{ {

{ { { 1. Consecutive to mania,

{ { { or injuries of

{ { _Dementia_ { the brain.

{ { { 2. Senile, peculiar to

{ { { old age.

DEFECTIVE DEVELOPMENT OF THE FACULTIES

Under this heading may be included idiocy, cretinism, imbecility,

feeble-mindedness, and moral imbecility.

=Idiocy= is congenital, and was defined by Esquirol thus: Idiocy is

not a disease, but a condition in which the intellectual faculties are

never manifested, or have never been developed sufficiently to enable

the idiot to acquire such an amount of knowledge as persons of his own

age, and placed in similar circumstances with himself, are capable of

receiving. Idiocy commences with life, or at an age which precedes

the development of the intellectual and affective faculties, which

are from the first what they are doomed to be during the whole period

of existence. Since the days of Esquirol, much improvement has been

made in the care and treatment of the idiot; and it appears that he is

capable of some, though in most cases slight, mental culture. The cases

in which improvement takes place probably belong to imbecility, leaving

the _idiot_ in the same condition as described by Esquirol.

=Cretinism= differs from idiocy in being endemic; it is also more

curable, or at least more susceptible of improvement, than the latter.

In the idiot the malady is congenital; the cretin, on the other hand,

may to all appearances be free from disease for a time. “Every cretin

is an idiot, but every idiot is not a cretin; idiocy is the more

comprehensive term, cretinism is a special kind of it.” The enlarged

thyroid gland, high-arched palate, and brown or yellow colour of the

skin, are characteristic of the cretin. Local causes are at work in the

production of cretinism; _e.g._ defective function of the thyroid gland.

The idiot is usually cunning, mischievous, and dirty in his habits.

The derivation of the word idiot, from the Greek, ἰδιώτης --_a private

person_, or _an ill-informed ordinary fellow_--is peculiar. A person

suffering from any form of mental unsoundness, and thereby rendered

incapable of taking care of himself or of his property, was formerly

called by English law “an idiot,” and this word was not infrequently

joined with “fatuus” in old writs.

=Imbecility.=--This is a minor form of idiocy, and may or may not be

congenital. It admits of considerable degrees of intensity. Imbeciles

exhibit mental defection, rendering them incapable of managing

themselves or their affairs, and imbecile children are incapable of

being taught to do so.

=Feeble-mindedness= is a lesser degree of mental defection than

imbecility. It may exist from birth or an early age. Such persons

require care and control for the protection of themselves and others.

They may be incapacitated from acquiring the knowledge imparted in

ordinary schools.

=Moral imbeciles= exhibit moral defects which render them vicious in

behaviour, and they often exhibit criminal tendencies, which are not

affected by punishment.

CARE OF MENTALLY DEFECTIVE PERSONS

The Mental Deficiency Act of 1913 provides for their care. Such a

person may be either sent to an institution or placed under special

guardianship by the parent or guardian, if an idiot or imbecile;

or by the parent when, though not an idiot or imbecile, the person

affected be under the age of twenty-one years. If in addition to being

a defective, the person is neglected, abandoned, or without means of

support; or cruelly treated, guilty of a criminal offence, or liable to

be sent to an industrial school, or under imprisonment, detained in an

industrial school, inebriate reformatory, or institution for lunatics,

or habitual drunkard within the meaning of the Inebriates Act; or

in whose case proper notice has been given by the Local Education

Authority; or who is in receipt of relief at the time of giving birth

to an illegitimate child, or pregnant of such child.

=Certificates required.=--In the case of a parent or guardian who

desires to place a mentally defective person under guardianship, _two

medical certificates_ are necessary, one of which must be from a

medical man approved by the Local Authority or Board. If the person be

not an idiot or imbecile, the certificates must be signed by a Judicial

Authority, after such inquiry as he thinks fit. A defective to be

dealt with otherwise than by parent or guardian, is so under an order

by a _Judicial Authority_ on a petition presented under the Act, an

order of a _Court_ if guilty of a criminal offence, or an order of the

Secretary of State if detained in prison, a criminal lunatic asylum, or

reformatory.

The order of a Judicial Authority may be obtained by petition of any

relative or friend, or an officer of the Local Authority authorised

under the Act for the purpose. Two medical certificates must accompany

the petitions, one of which must be signed by a medical man approved

by the Local Authority or Board; or, when a medical examination cannot

be carried out, a certificate to that effect must be presented, and

a statutory declaration made by the petitioner and one other person,

who may be one of the medical certifiers, stating the class to which

the defective belongs. Upon receiving the certificates the Judicial

Authority interviews the defective. When the petition is presented by

a parent or guardian, the Judicial Authority, if satisfied, may issue

an order for the defective to be placed in an institution or appoint

a guardian. If the petitioner be not parent or guardian, consent in

writing of one or other must be obtained, without which the order must

not be made, unless the parent or guardian withhold their consent

unreasonably or are not to be found. If the Judicial Authority be not

satisfied, he may postpone the order, or refuse it.

When the order is made by a Court, the Court must be satisfied, on

medical evidence, that the person is a defective.

Two medical certificates are necessary when the Secretary of State

makes an order.

The order remains in force for a year, may be renewed for a second

year, and then for periods of five years.

GENERAL SYMPTOMS OF INSANITY

The onset of insanity may be gradual or sudden. More commonly the onset

is gradual, and manifested by alterations of emotion and conduct, which

may for a considerable period precede any impairment of intelligence.

Periods of depression may alternate with periods of excitement.

Irritability and instability of temper manifest themselves, and lead

relatives and friends to become suspicious of the change that is the

herald of serious mental impairment. Lack of interest in environment,

business, or the usual pleasurable pursuits, also a tendency to

personal seclusion manifest themselves, and changeability of the

affections, more often to those nearly related, are not uncommon.

Sooner or later the capacity to conduct business and allied pursuits

becomes enfeebled, and the power of judgment lessened; depression

begets apprehension and a dread of impending ruin in this world or

in the world to come. Marked indecision and vacillation of action is

quite common. Delusions follow, mostly of persecution, in the form of

attempts to cause ruin or poisoning. Delusions associated with the

special senses are common, particularly of hearing, supposed voices

urging the committal of certain actions, or expressive of derision; of

vision, by which objects are seen which are non-existent; of taste,

imparting the idea of poisoning; of touch and pain, invoking peculiar

sensations; of smell, conveying the idea that food, the body, &c.,

exhale disgusting odours.

Associated with the onset of insanity, and remaining permanently,

are three special distortions of perceptions--viz. _illusions_,

_hallucinations_, and _delusions_. So long as the first two can be

reasoned upon and rejected, judgment remains. At one or other time

the afflicted person becomes so affected by them that they become

realities, and are accepted as true and existent; then the judgment is

perverted, and the person is said to suffer from a delusion.

_Illusions._--An illusion is a false perception, a perversion of

the senses, a mockery, false show, counterfeit appearance. The false

perception is, however, invoked by some external appearance.

_Hallucinations._--Hallucinations are perverted sensations and

perceptions, for the production of which no external impulse is

present. The person may complain of seeing horrible reptiles around,

which are not present. So long as the reasoning faculties are capable

of dispelling the alleged reality of the hallucination and rejecting

it, it remains but an hallucination.

If, however, it becomes accepted as a reality and the person becomes

obsessed thereby, it becomes a delusion.

_Delusions._--A delusion is a chimerical thought, an affection of the

mind. It implies a disordered intellect. Delusions generally concern

the insane person, his power, soul, &c. A delusion is a perverted

idea of the mind in which there is belief in non-existent things or

occurrences. Delusions may be based upon previous hallucinations, or

arise out of erroneous conceptions.

MANIA

=Mania= is the result of a morbid condition of the brain, and to

express which “the term raving madness may be used with propriety,

as an English synonym for mania. All maniacs display this symptom

occasionally, if not constantly, and in greater or less degree.” Like

other diseases, mania observes the same pathological laws. There is a

period of incubation, during which the true state of the patient is in

most cases misunderstood, or not appreciated. Mental exaltation may

exist from the first onset of the disease, or the attack may be ushered

in by a stage of gloom or despondency. The general health shows signs

of impairment, the liver becoming sluggish, and the bowels confined or

relaxed. In some cases a febrile condition of the system is among the

premonitory symptoms of an attack of mania. The physical health is not

usually much affected during the paroxysm.

Dr. Conolly remarks that “even acute mania is not always accompanied

by the ordinary external signs of excitement. It would seem as if we

had yet to learn the real symptoms of cerebral irritation. Certainly,

in recent cases of mania--cases which have lasted more than six weeks,

and in young persons in whom I have seen the maniacal attack pass

into dementia--I have known the most acute paroxysms of mania exist,

rapid and violent talking, continual motion, inability to recognise

surrounding persons and objects, a disposition to tear and destroy

clothes and bedding, without any heat of the scalp or of the surface,

without either flushing or paleness of the face, with a clean and

natural appearance of the tongue, and a pulse no more than eighty or

eighty-five.”

This may occur in some cases, but in the majority there is always some

amount of physical derangement; the system, however, gradually becoming

tolerant of the undue excitement to which it is subjected.

Following the classification adopted, Intellectual Mania will now be

briefly considered under its two divisions--_General_ and _Partial_.

=General Intellectual Mania.=--By many medical writers general

intellectual mania is divided into mania and melancholia. The mind

in the former type of the disease is involved in the most chaotic

confusion possible, and there is also considerable bodily derangement.

The moral faculties become more or less affected, and the patient‘s

social and domestic relations are greatly altered. At one time he

is subject to violent fits of immoderate laughter, at another he is

gloomy and taciturn; sometimes quiet and tractable, at others wild

and excited, necessitating close confinement. He is haunted by wild

delusions, which at times take entire possession of him, and under

the influence of which he acts in the most extraordinary manner. In

the latter--melancholia, or mania with depression--delusion may be

absent, or, rather, for a time undetectable. The sufferer is gloomy,

and troubled with unhappy thoughts, which sometimes lead him to

self-destruction. He is sleepless, and rejects his food as unnecessary.

He may be aroused for a short time by questions addressed to him,

his replies to which are usually given correctly, most frequently in

monosyllables; but the moment his questioner leaves him he relapses

into his former gloomy state.

=Partial Intellectual Mania.=--The term _monomania_, first suggested

by Esquirol, is now generally given to this variety of insanity. The

patient, in the simplest form of this disorder, becomes possessed of

some single notion, which is alike contradictory to common sense and

to his own experience. Thus, he may fancy himself made of glass; and

influenced by this idea, he walks with care, and in dread of being

broken by contact with other bodies. In the case of an inmate at

the City of London Asylum, the presence of a weasel in the stomach

was stated by one woman. Esquirol mentions the case of a woman with

hydatids in her womb, who believed that she was pregnant with the

devil. Most of these strange fancies appear to be dependent on errors

of sensation.

Monomaniacs are ready enough to declare their predominant idea; yet

at times, and that without the occurrence of a lucid interval, they

will as carefully conceal it. “In the simplest form of monomania, the

understanding appears to be, and probably is, perfectly sound on all

subjects but those connected with the hallucination. When, however, the

disorder is more complicated, involving a longer train of morbid ideas,

we have the high authority of Georget for believing that, though the

patient may reason on many subjects unconnected with the particular

illusion on which the insanity turns, the understanding is more

extensively deranged than is generally suspected.”

MORAL MANIA

Pinel first drew attention to this form of madness. Pritchard defines

it as “consisting in a morbid perversion of the natural feelings,

affections, inclinations, temper, habits, and moral dispositions,

without any notable lesion of the intellect or knowing and reasoning

faculties, and particularly without any maniacal hallucinations.”

It is divided into--_General_ Moral Mania. _Partial_ Moral Mania.

=General Moral Mania.=--“There are many individuals,” says Pritchard,

“living at large, and not entirely separated from society, who are

affected in a certain degree with this modification of insanity. They

are reputed persons of a singular, wayward, and eccentric character. An

attentive observer will often recognise something remarkable in their

manners and habits, which may lead him to entertain doubts as to their

entire sanity; while circumstances are sometimes discovered on inquiry

which add strength to this suspicion. In many instances it has been

found that a hereditary tendency to madness has existed in the family,

or that several relatives of the person affected have laboured under

other diseases of the brain. The individual himself has been discovered

to have suffered, in a former period of life, an attack of madness

of a decided character. His temper and disposition are found to have

undergone a change, or to be not what they were previously to a certain

time; he has become an altered man, and the difference has perhaps

been noted from the period when he sustained some reverse of fortune

which deeply affected him, or the loss of some beloved relative. In

other instances, an alteration in the character of the individual has

ensued immediately on some severe shock which his bodily constitution

has undergone. This has been either a disorder affecting the head, a

slight attack of paralysis, or some febrile or inflammatory complaint,

which has produced a perceptible change in the habitual state of his

constitution. In some cases, the alteration in temper and habits has

been gradual and imperceptible; and it seems only to have consisted in

an exaltation and increase of peculiarities which were always more or

less natural and habitual. Persons labouring under this disorder are

capable of reasoning, or supporting an argument upon any subject within

their sphere of knowledge that may be presented to them; and they often

display great ingenuity in giving reasons for the eccentricities of

their conduct, and in accounting for, and justifying, the state of

moral feeling under which they appear to exist. In one sense, indeed,

their intellectual faculties may be termed unsound--they think and act

under the influence of strongly excited feelings; and persons accounted

sane are, under such circumstances, proverbially liable to error,

both in judgment and conduct.” (For interesting cases of this form of

madness, see Ray‘s _Jurisprudence of Insanity_.)

=Partial Moral Mania.=--In the case of the unfortunate sufferers from

this malady, one or two only of the moral powers are perverted.

This division admits of several subdivisions:--

_Kleptomania._--A marked propensity to theft. “There are persons,”

says Rush, “who are moral to the highest degree as to certain duties,

but who, nevertheless, lie under the influence of some vice. In one

instance, a woman was exemplary in her obedience to every command of

the moral law except one--she could not refrain from stealing. What

made this vice more remarkable was, that she was in easy circumstances,

and not addicted to extravagance in anything. Such was the propensity

to this vice that, when she could lay her hands on nothing more

valuable, she would often, at the table of a friend, fill her pockets

secretly with bread. She both confessed and lamented her crime.”

_Pyromania._--This consists in an insane impulse to set fire to

everything--houses, churches, and property of every kind and

description.

_Erotomania and Nymphomania._--This is known as amorous madness,

and consists in an inordinate and uncontrollable desire for sexual

intercourse. The unfortunate victims of this disease often express the

greatest disgust and repugnance for their conduct.

_Homicidal Mania_--In this form of madness the propensity to homicide

is very great, and in most cases uncontrollable. In the case of the

notorious Deeming, hanged in Australia in 1892 for the murder of his

wife, an appeal was made from the finding of the Colonial Court by

which he was tried to the Privy Council, on the ground of his being

affected with homicidal mania. The plea was not sustained. (See the

case of Henrietta Cornier, given by Pritchard, Ray, and others.)

The following suggestions may be of assistance in forming a diagnosis

as to the existence or non-existence of this form of madness:--

1. Previous history of the individual.--_Melancholy,

eccentric, morose, &c._

2. Absence of motive.--_Gain, jealousy, revenge, hatred, &c._

3. A number of victims are often sacrificed at one

time.--_The murderer, on the other hand, seldom sheds

more blood than is necessary for his success._

4. Proceedings of the murderer before and after the

crime.--_Absence of attempts at concealment or escape

on the part of the madman._

5. Character of the victims.--_Not infrequently, in the

case of madmen, their victims are those whom, when sane,

they loved most, and to whom they were most attached._

_Suicidal Monomania, or the Propensity to Suicide._--Much discussion

has arisen on this subject. Suicide is not always the result of

unsoundness of mind. Some, like M. Esquirol, are inclined to consider

suicide as always a manifestation of insanity. In the present day, the

dislike of coroners‘ juries to bring in any other verdict but that of

“suicide whilst in a state of unsound mind” is proverbial.

MELANCHOLIA

This condition is associated with mental depression and delusions.

In its simple form, marked depression of spirits, apprehension of

evil, sleeplessness, loss of appetite, and impaired alimentation with

constipation are evident.

Delusions of ruin, of the committal of acts contrary to the laws of

God and man--“_the unpardonable sin_”--a marked inaptitude to carry on

the ordinary duties of life, indecision, and often unutterable misery,

are commonly exhibited. The delusions are fixed and may be multiple.

They may comprise persecution, by friends or others; that things are

happening which powerfully influence the person‘s life and body, or,

as is often the case, concern religious matters, and everlasting

punishment.

Suicidal tendencies are often present, and depend largely upon the

misery associated with the condition. Melancholics often conceal this

tendency, or may exhibit it in varied ways so as to hide the method

which has been definitely decided upon. Thus a person so afflicted may

be found in possession of poison at one time, a pistol at another, a

knife at another, when the real intention is that of drowning. Thus

it is necessary to keep an extremely careful watch on melancholics.

Homicidal tendencies are not common. In some cases the melancholia is

combined with _marked agitation._ The face depicts misery, the eyebrows

raised, and the person moves about incessantly, picking up objects and

replacing them, moaning and uttering the same phrases expressive of

misery and hopelessness, wringing the hands, and rocking the body to

and fro.

In other cases _stupor_ is predominant, and the person sits in silence

and in the same attitude. Some resent interference, others are easily

persuaded by their attendants to do certain acts, but when done relapse

again into stupor. They manifest extreme apathy. Suicidal tendencies

are a pronounced feature of such cases.

Melancholia and mania may alternate periodically, with lucid intervals

intervening. The term _circular insanity_ has been applied to this

alternate character of the disease.

DEMENTIA OR FATUITY

=Dementia= consists in a failure of the mental faculties, not

congenital, but coming on during life. “A man,” says Esquirol, “in a

state of dementia is deprived of advantages which he formerly enjoyed.

He was a rich man who has become poor. The idiot, on the contrary,

has always been in a state of want and misery.” In this state there

is always more or less coherence, and maniacal paroxysms are not

infrequent. In mania, incoherence may be present, but then it is

characterised by sustained and violent excitement. In dementia, on

the other hand, there is apparent torpor and exhaustion of the mental

faculties. Closely allied to this form of mental unsoundness is that

interesting disease known as “=general paralysis of the insane=,” or

perhaps a better term, _progressive paralysis of the insane._ It is

considered by some to precede the psychical derangement, a contrary

opinion being held by others. General paralysis may accompany any of

the forms of mental derangement, but it is generally preceded by a

stage of melancholy. As the paralytic affection becomes more marked,

there is a concurrent loss of memory and incapability of mental

association, and all sense of duty is lost; the patient becomes

careless as to his person, and dirty in his habits. He expresses

himself as possessed of great property, and boasts of the wonderful

deeds that he can or has accomplished. Gradually he sinks into a state

of complete mental and physical decay. He cannot give expression to

his thoughts, and has to be fed, the food being pushed into his mouth.

The symptom which first attracts the attention, and which is perhaps

the first order of sequence, is a modification in the articulation.

“This is neither stammering nor hesitation of speech. It more closely

resembles the thickness of speech observable in a drunken man. It

depends upon loss of power over the co-ordinate action of the muscles

of vocal articulation.” If the tongue be now examined, it will be

found that when it is protruded it is not inclined to one side, but

that it is tremulous, and is protruded and withdrawn in a convulsive

manner. Griesinger was the first to call attention to the fact, and his

statement has since been confirmed, “that this motory disorder is at

the commencement not so much paralytic as convulsive in its nature.”

The gait becomes unsteady, the patient walks stiffly, and stumbles

over the slightest unevenness in the floor. Step by step the paralysis

progresses, till at last the unfortunate sufferer takes to his bed, on

which he may lie for months. Sometimes, especially during the earlier

stages, he may suffer from terrible delusions, from maniacal paroxysms,

or from epileptic fits, the latter possessing certain peculiarities.

The tongue during the fit is seldom bitten, which is so commonly the

case in epilepsy; and the convulsions are not so general, being limited

more to one side than to the other. It is also remarkable that each fit

is in most cases followed by an increase of the mental derangement.

Pritchard recognises four stages of dementia or fatuity:--

_First Stage._--Forgetfulness and impaired memory. This is common

to old age. In most cases passing events produce little, if any,

impression, whilst the past is remembered with tolerable freshness.

_Second Stage._--Incoherence and unreason, characterised by a total

loss of the reasoning faculty.

_Third Stage._--Incomprehension. The person so affected is quite

incapable of comprehending the meaning of the simplest question; and

should he attempt to reply, his answer is generally remote from the

subject.

_Fourth Stage._--Inappetency. The animal instincts are lost. The

unfortunate sufferer lives, and that is all, being scarcely conscious

of life. Organic life is all that is left.

DELIRIUM TREMENS. SIMPLE DELIRIUM. SOMNAMBULISM. SLEEP-DRUNKENNESS.

=Delirium Tremens.=--A temporary form of insanity, the result of

excessive indulgence in spirituous liquors. The drunkard, under the

effects of intoxication, “can derive no privilege from a madness

voluntarily contracted, but is answerable to the law equally as if he

had been in full possession of his faculties at the time” (1 Hale 32;

Co. Litt. 247). The intoxication of the defendant may be taken as a

mitigating circumstance, showing that the deed was unpremeditated. A

person rendered incapable of using his reason by intoxication brought

about by others, is not liable for his actions.

=Simple Delirium.=--Acts performed during attacks of certain

diseases--fever, sunstroke, &c.--accompanied with delirium, do not

render the individual liable to punishment; and wills made during the

continuance of the disorder, if they contain no statement inconsistent

with the known wishes and desires of the party during health, are

valid, the law looking more to the good sense of the will as a proof of

a lucid interval, than to the proved existence of such lucid interval.

=Somnambulist, &c.=--This is an abnormal mental state, closely

allied to that artificially produced and known under the names of

mesmerism, hypnotism, electro-biology, &c. It is commonly known as

“sleep-walking.” In this condition the mind appears to become enslaved

by one train of ideas to the exclusion of all others; the somnambulist,

thus deeply bent on the accomplishment of a definite end, takes no heed

of those objects which are in no way connected with the dominant ideas

in his mind. Hence, he walks safely past dangers which, when awake,

would disconcert his judgment and weaken his will. Somnambulism appears

also to be closely connected with epilepsy. In 1878, a man named

Fraser was tried in Glasgow for the murder of his child by beating it

against the wall. He was acquitted on the ground of being unconscious

of the nature of his act by reason of somnambulism. He had sprung

from an epileptic and insane stock; his mother died in an epileptic

fit, and some of his other relatives were insane. Thus it appears,

if the somnambulism be proved, the accused is exonerated from any

responsibility connected with the act for which he is being tried. So

also, if a person be suddenly aroused from a deep sleep--_somnolentia_

or _sleep-drunkenness_--the question may be raised as to his

responsibility for an act committed at the moment of awakening (R. _v._

Milligan). There cannot be a doubt but that if a person be suddenly

aroused whilst dreaming, he may unconsciously commit acts, the outcome

of his dream, which, unless the possibility of this condition be

recognised, may entail severe punishment on him. This state is closely

allied to that mental condition which sometimes occurs in epileptics

immediately after a fit. But in this, as in cases of somnambulism, the

facts of the case would have to be most carefully scrutinised.

The following hints may be of use as a guide in determining the

responsibility or not of the accused:--

1. The person must be shown to have a general tendency to

deep and heavy sleep, out of which he can only be aroused

by a violent and convulsive effort.

2. Are there any circumstances which, happening before

the individual went to sleep, would produce a train of

disturbed thought not entirely composed by sleep?

3. Did the act occur during the usual hours for sleep?

4. Was the cause of the awakening sudden, and does the act

bear throughout the character of unconsciousness?

5. What were the subsequent acts of the accused in relation

to the deed? Did he try to evade responsibility? This

must not have too much stress laid upon it, for the

wretchedness of the sudden discovery may so overcome him,

that he may seek to shelter himself from the consequences

of an act for which he is legally but not morally

responsible.

THE RESTRAINT OF THE INSANE AND DIRECTIONS FOR SIGNING MEDICAL

CERTIFICATES.

No person can be put under restraint unless the conditions required by

the Lunacy Acts are fulfilled. The Acts of Parliament for this purpose

are the Lunacy Act of 1890 (53 Vict. c. 53) and that of 1891 (54 and

55 Vict. c. 65). Lunatics may be put under restraint by the following

procedures, according to the particular case:--

Reception Order on Petition.

Urgency Order.

Order after Inquisition.

Summary Reception Order.

Order for Lunatics Wandering at Large, and for Pauper Lunatics.

Reception Order by Two Commissioners.

=Reception Order on Petition.=--This is usually the procedure for

private patients. The order for petition may be obtained from a

specially appointed Justice of the Peace, Judge of County Courts, or

Magistrate. A petition for the order must be presented to the Judicial

Authority by the husband, wife, or relative of the alleged lunatic;

if any other person apply, the reasons for this must be given. A

petitioner must be twenty-one years of age or over, and must have seen

the alleged lunatic _within fourteen days_ before its presentation. A

_statement of particulars_ and two medical certificates must accompany

the petition. The proceedings are private, and no one except the

petitioner, the alleged lunatic, and any one person appointed by

him, and the two medical men who have signed the certificates, may

be present, unless by permission of the Judicial Authority. If the

Judicial Authority be satisfied, he may make the order at once, even

without seeing the patient, or he may appoint a time within seven days

for inquiries and consideration. He may visit the alleged lunatic.

At the time of consideration of the petition he may adjourn it for not

more than fourteen days, or he may make the order at the time. He may

summon further witnesses, or dismiss the petition, giving his reasons

for so doing in writing.

A reception order is valid for seven days from its date, unless the

lunatic is certified by a medical man to be unfit for removal, when the

order is extended until a medical certificate of fitness for removal is

obtained, which is valid for three days.

The medical men signing the certificates must not be in partnership,

as principal and assistant, or have any direct or indirect interest in

the patient or his keeping (16 and 17 Vict. c. 96, sec. 4). They must

make separate visits at different times for the purpose of examination.

Each medical man must have examined the person within seven clear days

before the presentation of the petition.

Each medical man must write clearly and in the proper place on the

certificate: (1) The facts observed by himself as evidence of insanity,

and (2) the facts observed by others as evidence of insanity. The name

of his informant must be given.

One of the certificates should, whenever practicable, be under the hand

of the usual medical attendant (if any) of the alleged lunatic. If not

practicable, the reason must be given by the petitioner to the Judicial

Authority.

Neither of the certifying medical practitioners may be the father or

father-in-law, brother or brother-in-law, sister or sister-in-law,

partner or assistant of the other of them.

Great care should be taken to follow carefully the marginal directions

on the certificate form. The most trivial omission will invalidate the

certificate. The omission of the name of the street and number of the

house is sufficient to set it aside. A medical man should remember

that, although his certificate may have passed the scrutiny of the

Commissioners, it is liable to be made the subject of discussion in

a Court of law, and in cross-examination he will have to support the

statements therein made.

The following certificate properly filled up by Dr. Millar of Bethnal

House Asylum, is given in his book on _Hints on Insanity_, and may be

taken as an example of a correct certificate at that time, the present

form being slightly different:--

MEDICAL CERTIFICATE PROPERLY FILLED UP

1. _Here set forth the_ I, the undersigned,

_qualification entitling the_ _John Millar_, being a (¹)

_person certifying to practise_ _Licentiate of the_

as a physician, surgeon, _or_ _Royal College of Physicians_,

apothecary. _Edinburgh_,

2. Physician, surgeon, _or_ and being in actual practice as

apothecary, _as the case_ a (²) _Physician_, hereby certify

_may be_. that I, on the _third_ day of

_November, One thousand eight

hundred and eighty-eight_,

at (³) 600 _Cambridge Road_,

3. _Here insert the street and_ _Bethnal Green_, in the county of

_number of the house (if any_), _Middlesex_, separately from any

or other like particular. other medical practitioner,

personally examined

_James Thompson, sen._, of

4. _Insert residence, and_ (⁴) 600 _Cambridge Road_,

_profession or occupation_ _Bethnal Green_, _gentleman_,

_(if any)._ and that the said _James Thompson,

sen._, is a person (⁵) _of unsound

5. Lunatic, _or_ an idiot, mind_, and a proper person to be

_or_ a person of unsound mind. taken charge of, and detained

under care and treatment; and that

I have formed this opinion upon

the following grounds, viz.:--

6. _Here state the facts._ 1. Facts indicating insanity

observed by myself (⁶)--

_He is incoherent in his

conversation, violent in his

conduct, and quite unable to

take care of himself_.

7. _Here state the information,_ 2. Other facts (if any)

_and from whom._ indicating insanity

communicated to me by

others (⁷)--

_His son, James Thompson, jun_.,

_informs me that he has_

_threatened to commit suicide_,

_and has twice attempted it_

_with a razor._

(Signed) Name--_JOHN MILLAR_.

Place of abode--_Bethnal House_, _Bethnal Green_.

Dated this _third_ day of _November_,

_One thousand eight hundred and eighty-eight_.

Table relating to “Facts” of Insanity,

(compiled from Millar.)

+----------------------------------------------+

| Facts offering no Evidence of Insanity. |

+----------------------------------------------+

| 1. Refuses to take her medicine and resists |

| in every way; closes her teeth; threatens |

| to strike every one near her; obliged to |

| use the strait-waistcoat. |

| |

| 2. Violent in her temper, and very abusive. |

| |

| 3. Moody and irritable temperament, and of |

| weak memory in many particulars. |

| |

| 4. General restlessness of manner; considers |

| himself heavily involved in debt to many |

| thousand pounds; says he has been ruined |

| by the Government, and that he intends |

| prosecuting the Admiralty for £5000 damages. |

+----------------------------------------------+

| Vague and Irrelevant Facts. |

+----------------------------------------------+

| 1. She is suspicious of her husband; says he |

| keeps bad company; she is most irritable and |

| jealous, and takes stimulating drinks to a |

| dangerous and exciting extent. |

| |

| 2. Obstinate; has the manner and appearance |

| of an insane person; complained of her head; |

| refused her food, and would not go |

| downstairs; melancholy. |

| |

| 3. He has imperfect sight; good hearing and |

| taste; he is unable to speak; his gait is |

| ape-like, and the skull-bones seem to have |

| fallen together from the want of cerebral |

| development. He will occasionally slap his |

| face and strike his hands; sometimes makes |

| a howling noise. |

| |

| 4. She is very good-tempered; but day and |

| night she talks almost incessantly; |

| occasionally sings. She says she comes from |

| Otaheite, and relates stories of those |

| around her doing absurd things. |

+----------------------------------------------+

| Good Facts. |

+----------------------------------------------+

| 1. She states that she is a lost person and |

| without hope of forgiveness; that she will |

| be taken to prison, and die a miserable |

| death; that the devil whispers in her ear |

| that she has committed the unpardonable sin. |

| |

| 2. Great taciturnity; complete seclusion |

| from society; aversion to cleanliness; |

| wandering about the streets at improper |

| hours. |

| |

| 3. He states that he is a Prince of France; |

| that he possesses a palace, and has recently |

| had two fortunes left him (he cannot tell by |

| whom)--one of £400,000, the other of |

| £600,000; that he is going to Liverpool, a |

| distance of 150 miles, with a horse and |

| cart, which will take him four hours to go, |

| and eight to return. |

| |

| 4. Inability to hold any rational |

| conversation; her manner and conduct are |

| totally at variance with her usual habits. |

+----------------------------------------------+

The following are examples of “Facts” sent back to be amended by the

Commissioners--the emendations in italics:--

1. Incoherence, perversion of facts, delusion. _Fancies

that he possesses large amounts of money which people

have secreted from him._

2. Says her sister lives in Chiselhurst, and she fears she

is dying. She took great notice of my feet, and remarked

that they were very large. Query by Commissioner--Are

these delusions? _Her sister does not live at Chiselhurst,

and is perfectly well; my feet are not large._

3. General restlessness of manner; considers himself heavily

involved in debt to many thousands of pounds, _whereas

his debts do not amount to a few hundreds_; says he

has been ruined by the Government, _whereas he has

only been dismissed from his appointment on account

of his incapacity_; and he intends prosecuting the

Admiralty for £5000 damages, _he having no real ground

of action_. (This was twice sent back for correction,

the first correction being--_By these statements I

was satisfied that the patient was of unsound mind, and

by his general conduct during examination._ Finally

amended as given above.)

[Sidenote:

(_a_)--a Justice of the Peace for ____, _or_ His Honour the Judge of

the County Court of ____, _or_ ____ Stipendiary Magistrate for ____.

(_b_) Full postal address and rank, profession, or occupation.

(_c_) At least twenty-one.

(_g_) Some day within 14 days before the date of the presentation of

the petition.

(_h_) Here state the connection or relationship with the patient.

(_k_) Full Christian and surname.]

53 Vict. c. 5.--Sched. 2, Form 1.

PETITION FOR AN ORDER FOR RECEPTION OF

A PRIVATE PATIENT

In the Matter of_______________________________

a person alleged to be of unsound mind.

_To_ (_a_)____________________________________

____________________________________

____________________________________

The Petition of_________________________________________

of (_b_)_________________________________________

_________________________________________

in the County of________________________________________

1. I am___________(_c_) years of age.

2. I desire to obtain an Order for the Reception of

________________________________________________

as a person of unsound mind, in the Haydock Lodge Licensed House,

situate at Newton-le-Willows, Lancashire.

3. I last saw the said__________________________________

at______________________________________________________

on the (_g_)_______day of________________ 19_______

4. I am (_h_)_______________________________ of the

said____________________________________________________

(or if the Petitioner is _not connected_ with or related

to the or Patient, _state as follows_:)

I am not related to or connected with the said__________

________________________________________________________

The reasons why this Petition is not presented by a relation

or connection are as follows:

The circumstances under which this Petition is presented by

me are as follows:--

5. I am not related to or connected with either of the persons

signing the certificates which accompany this petition as (_where

the petitioner is a man_) husband, father, father-in-law, son,

son-in-law, brother, brother-in-law, partner, or assistant (_or

where the petitioner is a woman_) wife, mother, mother-in-law,

daughter, daughter-in-law, sister, sister-in-law, partner,

or assistant.

6. I undertake to visit the said________________________

__________________________personally, or by some one specially

appointed by me, at least once in every six months while under

care and treatment under the order to be made on this petition.

7. A statement of particulars relating to the said_____________

______________________________________accompanies this petition.

_If it is the fact, add_: 8. The said_____________________

has been received in the Haydock Lodge Licensed House,

Newton-le-Willows, under an Urgency Order dated the____________

_______________________________________________________________

The petitioner therefore prays that an order may be made in

accordance with the foregoing statement.

=Signed= (_k_)_______________________________________

Date of Presentation of the Petition, this____________

day of___________________ 19_________

[Sidenote: (_a_) Name of Patient.

(_b_) To be signed by the petitioner.]

53 Vict. c. 5, s. 31.

When neither Certificate is signed by the Usual Medical

Attendant.

I, the undersigned, hereby state that it is not practicable to

obtain a Certificate from the usual Medical attendant of (_a_)

__________________________________________________________________

for the following reason, viz.:--

(=Signed=) (_b_)______________________________

_______________ 19____________

Form 2.

STATEMENT OF PARTICULARS REFERRED TO IN THE

ANNEXED PETITION

_If any particulars are not known the fact is to be so stated._

[Where the patient is in the petition or order described as an idiot,

omit the particulars marked ►]

The following is a Statement of Particulars } __________________

relating to the said } __________________

Name of patient, with Christian name at } __________________

length } __________________

Sex and Age __________________

► Married, single, or widowed __________________

► Rank, profession, or previous occupation } __________________

(if any) } __________________

► Religious persuasion __________________

Residence at or immediately previous to } __________________

the date hereof } __________________

► Whether first attack __________________

Age on first attack __________________

When and where previously under care } __________________

and treatment as a lunatic, idiot, or } __________________

person of unsound mind } __________________

► Duration of existing attack __________________

Supposed cause __________________

Whether subject to epilepsy __________________

Whether suicidal __________________

Whether dangerous to others, and in } __________________

what way } __________________

Whether any near relative has been } __________________

afflicted with insanity } __________________

Names, Christian names, and full postal } __________________

addresses, of one or more relatives }

of the patient } __________________

Name of the person to whom notice of } __________________

death to be sent, and full postal } __________________

address, if not already given } __________________

‡Name and full Postal Address of the } __________________

usual Medical Attendant of the Patient } __________________

‡When the Certificate is not signed by

the usual Medical Attendant, the Certificate

on the other side must be filled out.

[Sidenote: (_a_) _When the petitioner or person signing an urgency

order is not the person who signs the statement, add the following

particulars concerning the person who signs the statement._]

Signed (_a_)

_Name, with Christian

Name at length_________________________________

_Rank, Profession or

Occupation_ (_if any_)____________________

_How related to, or

otherwise connected

with the Patient_______________________________

53 Vict. c. 5. s. 7 (4).

=When a previous Petition has been dismissed=.

[Sidenote: (_a_) Name of Patient.

(_b_) Name of asylum, hospital, licensed house, or single charge.

(_c_) Justice of the Peace for ———, or Judge of County Court of ——, or

Stipendiary Magistrate for ———]

I, the undersigned, hereby state that a former Petition for

Reception of (_a_)___________________________________________

into (_b_)___________________________________________________

was presented to__________________________________________________

(_c_)________________________________________________________

in the month of________________ 19_______, and dismissed.

Herewith is a copy (furnished by the Commissioners in Lunacy)

of the statement sent to them of the reasons for its dismissal.

Signed________________________________________

________________ 19________

Note.--_This Copy is to be obtained from the Commissioners

in Lunacy by the Petitioner at his own expense._

An Order for Reception of a Lunatic is to be obtained upon a private

application by Petition to a Judge of County Courts, or Stipendiary

Magistrate, or Metropolitan Police Magistrate, or specially appointed

Justice of the Peace. The petition is to be presented, if possible,

by the husband or wife, or by a relative (_i.e._ a lineal ancestor

or lineal descendant, or lineal descendant of an ancestor not more

remote than great-grandfather or great-grandmother) of the Lunatic,

and is to be accompanied by a Statement of Particulars and two

Medical Certificates on separate sheets of paper. One of the Medical

Certificates accompanying the Petition must, if practicable, be by the

usual Medical Attendant of the Lunatic; if not by him, the reason must

be stated (see Form above). If a previous Petition has at any time been

dismissed, the facts relating to its dismissal are to be stated in the

fresh Petition (see Form above); and the Petitioner must obtain from

the Commissioners in Lunacy a Copy of the Statement sent to them of the

reasons for its dismissal, and present this copy with his Petition. The

Reception Order (which will not remain in force for more than seven

days after its date), the Petition, the Statement of Particulars,

and the Medical Certificates must be sent to the Superintendent or

Proprietor of the Asylum, Hospital, or House where the Patient is to be

received.

[Sidenote: (_a_) _Insert residence of patient._

(_b_) County, city, _or_ borough, _as the case may be._

(_c_) _Insert profession or occupation, if any._

(_d_) _Insert the place of examination, giving the name of the street

with number or name of house, or should there be no number, the

Christian and surname of occupier._

(_e_) County, city, _or_ borough, _as the case may be._

(_f_) _Omit this where only one certificate is required._

(_g_) A lunatic _or_ an idiot, _or_ a person of unsound mind.

(_h_) _If the same or other facts were observed previous to the time

of the examination, the certifier is at liberty to subjoin them in a

separate paragraph._

(_i_) _The names and Christian names (if known) of informants to be

given, with their addresses and descriptions._

(_k_) _Strike out this clause in case of a patient whose removal is not

proposed._

(_l_) _Insert full postal address._]

53 Vict. c. 5.--Sched. 2, Form 8.

CERTIFICATE OF MEDICAL PRACTITIONER

In the Matter of_________________________________________

of (_a_)_____________________________________________________

in the (_b_)_____________________ of_________________________

(_c_) _______________________________________________________

_______________________________________an alleged lunatic.

I, the undersigned, ______________________________________________

do hereby certify as follows:

1. I am a person registered under the Medical Act, 1858,

and I am in the actual practice of the medical profession.

2. On the_______________________ day of ________________ 19__

at (_d_) _______________________________________________

in the (_e_)___________________ of _____________________

_________________(separately from any other practitioner) (_f_)

I personally examined the said ___________________________________

and came to the conclusion that ____ he is (_g_) ____________

and a proper person to be taken charge of and detained under

care and treatment.

3. I formed this conclusion on the following grounds, viz.:--

(_a_) Facts indicating insanity observed by myself at the

time of examination (_h_), viz.:--

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

(_b_) Facts communicated by others (_i_), viz.:

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

4. The said __________________________________________________

appeared to me to be[18]..................in a fit condition of

bodily health to be removed to an asylum, hospital, or licensed

house (_k_).

5. I give this certificate having first read the section of the

Act of Parliament printed below.

=Signed=____________________________________

of (_l_)_____________________________

=Dated= this __________ day of ________ 19__

[18] _Or_ not to be.

[Sidenote: Lunacy 8.

53 Vict. c. 5, ss. 4, 11, 16, 28, 29.]

_Extract from section 317 of the Lunacy Act, 1890._

Any person who makes a wilful misstatement of any material

fact in any medical or other certificate or in any statement or

report of bodily or mental condition under this Act, shall be

guilty of a misdemeanour.

[Sidenote: (_a_) A Justice for --, specially appointed under the

Lunacy Act, 1890, _or_ the Judge of the County Court of --, _or_ the

Stipendiary Magistrate for--

(_b_) _Address and occupation._

(_d_) _Name of petitioner._]

53 Vict. c. 5.--Sched. 2, Form 3.

ORDER FOR RECEPTION OF A PRIVATE PATIENT, TO BE MADE

BY A JUSTICE APPOINTED UNDER THE LUNACY ACT, 1890,

JUDGE OF COUNTY COURTS, OR STIPENDIARY MAGISTRATE

I, the undersigned _______________________________________________

being (_a_) _________________________________________________

__________________________________________________________________

upon the petition of _____________________________________________

of (_b_) ____________________________________________________

in the Matter of _________________________________________________

a person of unsound mind, accompanied by the Medical Certificates

of _______________________________________________________________

and ______________________________________________________________

hereto annexed, and upon the undertaking of the said (_d_)

__________________________________________________________________

to visit the said ________________________________________________

personally or by some one specially appointed by the said (_d_)

__________________________________________________________________

once at least in every six months while under care and treatment

under this Order, hereby authorise you to receive the

said _____________________________________________________________

as a patient into your Licensed House (_e_).

=And= I declare that I have [_or_ have not] personally

seen the said ____________________________________________________

before making this Order.

=Dated= this __________________ day of ________________ 19___

=Signed= (_a_) _________________________

_A Justice for _________________________________

appointed under the above-mentioned Act [or the

Judge of the County Court of_____________________

or a Stipendiary Magistrate_].

=Urgency Orders.=--Where it is urgent that an alleged lunatic (not

a pauper) must be put under restraint as soon as possible, he may

be received upon an _urgency order_, without petitioning a Judicial

Authority, accompanied by a _statement of particulars_ and _one

medical certificate_. The order should be made by the husband, wife,

or a relative of the alleged lunatic; if this be not possible, the

reasons must be stated. It may be signed before or after the medical

certificate, and before or after a petition order has been made.

If before, it must be noted in the petition; if after, a copy must

accompany the petition. No person may sign an urgency order if under

twenty-one years of age, and must have seen the alleged lunatic within

two days before the date of the order.

The urgency order remains in force seven days from its date, during

which period the procedure for a “Judicial Order on Petition” is

carried out. If the petition has been presented and the order is for

some reason or other deferred, then the urgency order remains in

force. The medical examination for certification must have been made

not more than two days before reception, and reasons must be given why

“it is expedient” that the alleged lunatic should be put under control

“forthwith.”

[Sidenote: (_a_) House, _or_ hospital, _or_ asylum, _or_ as a single

patient.

(_b_) _Name of Patient._

(_c_) Lunatic, _or_ an idiot, _or_ a person of unsound mind.

(_d_) _Some day within two days before the date of the order._

(_e_) Husband, wife, father, father-in-law, mother, mother-in-law, son,

son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister,

sister-in-law, partner, or assistant.

(_If not the husband or wife, or a relative of the patient, the person

signing to state as briefly as possible_--1. _Why the order is not

signed by the husband or wife, or a relative of the patient._ 2. _His

or her connection with the patient, and the circumstances under which

he or she signs._)

(_f_) Superintendent of ____ the ____ asylum, ____ hospital _or_

resident licensee of the ____ house (_describing the asylum, hospital,

or house by situation and name_.)

Lunacy, Nos. 4 & 2.

(33 Vict. c. 5, s. 11.)]

53 Vict. c. 5.--Sched. 2.

FORM OF URGENCY ORDER FOR THE RECEPTION OF A

PRIVATE PATIENT, WITH MEDICAL CERTIFICATE

AND STATEMENT ACCOMPANYING URGENCY ORDER

Forms 4, 2, 8 and 9.

I, the undersigned, being a Person Twenty-one years of age,

hereby authorise you to receive as a Patient into your (_a_)

House (_b_) _________________________________________________

__________________________________________________________________

as a (_c_) __________________________________whom I last saw at

____________________________________________________________________

on the (_d_) __________________ day of_______________ 19____

I am not related to or connected with the Person signing

the Certificate which accompanies this Order in any of the

ways mentioned in the Margin. (_e_) Subjoined (_or_ annexed)

hereto is a Statement of Particulars relating to the said __________

(=Signed=) _____________________________________

_Name and Christian Name_ } _______________________________

_at Length_ } _______________________________

_Rank, Profession, or Occupation_ } _______________________

_(if any)_ } _______________________

_Full Postal Address_ _____________________________________

_How related to or connected_ } ___________________________

_with the patient_ } ___________________________

=Dated= this _______________ day of __________ 19____

STATEMENT OF PARTICULARS REFERRED TO IN THE

ANNEXED ORDER

_If any Particulars are not known,

the Fact is to be so stated._

(Where the patient is in the petition or order described

as an idiot, omit the particulars marked ►.)

The following is a Statement of Particulars } ____________________

relating to the said } ____________________

Name of Patient, with Christian Name } ___________________________

at length } ___________________________

Sex and Age __________________________

Married, Single, or Widowed ______________________________________

► Rank, Profession, or previous Occupation } _____________________

(if any) } _____________________

► Religious Persuasion ___________________________

Residence at or immediately previous } ___________________________

to the date hereof } ___________________________

► Whether First Attack ________________

Age on First Attack ________________

When and where previously under Care } ________________________

and Treatment as a Lunatic, Idiot, or } ________________________

Person of Unsound Mind } ________________________

► Duration of existing Attack ____________________________________

Supposed Cause ___________________________________________________

Whether subject to Epilepsy ______________________________________

Whether Suicidal _________________________________________________

Whether dangerous to Others, and in } ____________________________

what way } ____________________________

Whether any near Relative has been } _____________________________

afflicted with Insanity ... ... } _____________________________

Names, Christian Names, and full Postal } ________________________

Addresses of one or more Relatives } ________________________

of the Patient } ________________________

Name of the Person to whom Notice } _________________________

of Death to be sent, and full Postal } _________________________

Address, if not already given } _________________________

Name and full Postal Address of the } __________________________

usual Medical Attendant of the } __________________________

Patient } __________________________

=Signed= _________________________________________

When the Petitioner or person signing an Urgency Order is =NOT=

the person who signs the Statement, add the following particulars

concerning the person who signs the Statement.

Name, with Christian name at length ______________________________

Rank, profession, or occupation (if any) _________________________

How related to or otherwise connected } __________________________

with the patient } __________________________

[Sidenote: (_a_) _Insert residence of patient._

(_b_) County, city, _or_ borough, _as the case may be._

(_c_) _Insert profession or occupation, if any._

(_d_) _Insert the place of examination, giving the name of the street,

with number or name of house, or should there be no number, the

Christian and surname of occupier._

(_e_) County, city, _or_ borough, _as the case may be._

(_f_) _A lunatic_, an idiot, _or_ a person of unsound mind.

(_g_) _If the same or other facts were observed previous to the time

of the examination, the certifier is at liberty to subjoin them in a

separate paragraph._

(_h_) _The names and Christian names (if known) of informants to be

given, with their addresses and descriptions._

Lunacy, Nos. 8 & 9.

(53 Vict. c. 5, ss. 11, 28, 29, 32 and 33.)]

53 Vict. c. 5.--Sched. 2, Form 8.

CERTIFICATE OF MEDICAL PRACTITIONER

In the Matter of _________________________________________________

of (_a_) ____________________________________________________

in the (_b_)________________________ of _____________________

(_c_) _______________________________________________________

an alleged lunatic.

I, the undersigned _______________________________________________

do hereby certify as follows:--

1. I am a person registered under the Medical Act, 1858,

and I am in the actual practice of the medical profession.

2. On the ________________ day of ___________________ 19 ______

at (_d_) ______________________________________________

in the (_e_) ________________ of ______________________

I personally examined the said _____________________________

and came to the conclusion that ____ he is (_f_)_______

and a proper person to be taken charge of and detained under

care and treatment.

3. I formed this conclusion on the following grounds, viz.:--

(_a_) Facts indicating Insanity observed by myself

at the time of examination (_g_), viz.:--

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

(_b_) Facts communicated by others (_h_), viz:--

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

[Sidenote: (_i_) _If an urgency certificate is required, it must be

added here.--Form No. 9._

(_k_) _Strike out this clause in case of a private patient whose

removal is not proposed._

(_l_) _Insert full postal address._

53 Vict. c. 5.--Form 9.]

(_i_) STATEMENT ACCOMPANYING URGENCY ORDER

I certify that it is expedient for the welfare of the said ________

_______________________ (_or_ for the public safety, _as the

case may be_) that the said ____________________________________

should be forthwith placed under care and treatment.

My reasons for this conclusion are as follows: ____________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

4. The said _______________________________________________________

appeared to me to be [‡ _____________] in a fit condition of bodily

health to be removed to an asylum, hospital, or licensed house

(_k_). (‡) Or not to be.

5. I give this certificate having first read the section of the Act

of Parliament printed below.

=Dated= this ________________ day of _________________________

One thousand nine hundred and ______________

(=Signed=) _____________________________

of (_l_) _____________________________

_Extract from section 317 of the Lunacy Act, 1890._

Any person who makes a wilful misstatement of any

material fact in any medical or other certificate,

or in any statement or report of bodily or mental

condition under this Act, shall be guilty of a

misdemeanour.

=Orders after Inquisition.=--This constitutes a legal investigation

as to whether or not a person is capable of managing his or her own

affairs, and whether restraint is necessary. It is conducted before a

judge, with a jury if the alleged lunatic demand one, unless the judge

is satisfied by personal examination that the lunatic is not mentally

competent to understand the demand for a jury. In such a case the

medical man is only concerned as a witness.

According to circumstances the alleged lunatic may be kept under

restraint, or remain at liberty with the control of his or her affairs

under a “Committee of Estate”; or, if declared sane, set free and with

control of his estate.

=Summary Reception Orders.=--When a lunatic is not under proper

control, and if without relations or friends, and there be no one who

will sign a petition for detention, or when a lunatic is uncared for,

cruelly treated, and is found so by a medical practitioner, his duty

is to inform a constable, relieving officer, or overseer of the parish

of the fact. The official will then make a statement on oath to a

Judicial Authority, who will direct two medical practitioners to make

the necessary examinations, and if satisfied he will issue an order for

the removal of the individual to an asylum. The procedure followed will

then be the same as for a “petition for reception.” Under a summary

reception order the Judicial Authority may place the person under the

care of a relation or friend, or the visitors of the asylum in which

the person is intended to be, or is placed.

=Lunatics Wandering at Large.=--Every constable, relieving officer,

or overseer of a parish who knows of a person, whether pauper or not,

who is deemed to be a lunatic and wandering at large, shall apprehend

and take such person before a Justice, or if the Justice receive

information on oath, he may have the person apprehended and brought

before him. The Justice has the person medically examined, and if

certified a lunatic to the satisfaction of the Justice, he may issue an

order for detention; if the medical man certify that the person is not

fit for removal, the removal is postponed until the person is certified

fit for it.

The above proceedings are not necessary if it be considered a matter of

public safety and for the good of the alleged lunatic that immediate

detention be carried out. The constable, relieving officer, or overseer

of the parish may remove such person to the workhouse of the union

in which the person is, and detain him for not more than three days.

Before the expiration of that time the necessary proceedings under the

Lunacy Act must be taken.

=Reception Order by two Commissioners.=--Any two or more Commissioners

in Lunacy may visit a pauper lunatic or an alleged lunatic not detained

in a workhouse or lunatic asylum, and if satisfied after certification

by a medical man that the person is a lunatic, order removal to an

asylum.

=Pauper Lunatics.=--A medical officer of a Poor Law Union who has

knowledge that a pauper within his district is alleged to be a

lunatic, shall notify the relieving officer or overseer of the parish

where the pauper resides of the fact, who within three days shall

notify a Justice, who will interview the alleged lunatic and call

in a medical practitioner to examine and certify. If the Justice be

satisfied that the person be a lunatic, he makes an order for removal

to an asylum. One medical certificate only is necessary.

=Escape of Lunatics.=--An escaped lunatic may be retaken at any time

within fourteen days without a fresh order.

=Discharge of Lunatics.=--The reception order remains in force for

periods of one, two, and three years, and then for periods of five

years. At the end of any of these periods the Lunacy Commissioners may

continue the detention of the lunatic, if satisfied by certification

from the medical man of the institution, or the usual medical attendant

of the lunatic, that the patient remains of unsound mind and further

detention is necessary.

The petitioner of the reception order may request the discharge of a

patient. The discharge may be refused if the medical man in charge

certifies the lunatic dangerous and unfit to be at large, unless two of

the visitors to the asylum or the Commissioners visiting the asylum or

house give their consent in writing.

Two Commissioners--one medical, the other legal--may order the

discharge of any patient.

When a patient recovers, the medical attendant of the institution

notifies this to the petitioner or person responsible for the payment

on account of the patient. Should the patient not be removed within

seven days of such notice, the patient may be discharged “forthwith.”

PROCEDURE IN SCOTLAND

Idiots and imbeciles under eighteen years of age may be received into

training schools without the legal procedure which obtains in England

and Wales. They are sent to these institutions as lunatics, however,

under the usual legalities, in order that the Government grant may be

obtained. When over eighteen years of age, if sent to institutions

other than training schools, they are classed as lunatics, and the

necessary legal procedure is followed.

=Insane persons whose malady is not confirmed= may be cared for

privately for a period not exceeding six months. The certificate of one

medical practitioner only is required.

_Insane persons_, pauper or not, can be placed in an asylum by order of

the Sheriff, by petition and two medical certificates. The inspector of

the poor acts as petitioner for paupers.

In cases of urgency a _certificate of emergency_ from one medical

practitioner is required, along with a request from the petitioner, to

the superintendent of the asylum.

A person who is _prodigal_ or _facile_ can be restrained from

alienating his property by guardians appointed by the Court.

When a lunatic is found to be incapable of administering his or her

estate, the Court appoints a Committee of Estate.

PROCEDURE IN IRELAND

The procedure differs in pauper and private cases.

=Pauper patients, not dangerous.=--In order to detain such a pauper

there must be a declaration of insanity and destitution, with the names

and addresses and descriptions of two relatives of the person, given

before a magistrate. A magistrate and a clergyman or poor-law guardian

must certify that they have personally inquired into the case. One

medical certificate is necessary. The applicant must remove the patient

when called upon.

=Paying patients who are not dangerous=, for admission to a district

asylum, are under more stringent regulations. A declaration that they

are unable to pay the expenses necessary for support in a licensed

house must be made before a magistrate; further, that there is no

friend who can undertake this; and a statement of the length of time

the patient has resided in the country. A magistrate and clergyman must

certify that they have investigated the case. One medical certificate

must be signed by two practitioners. A guarantee for the payment must

be given, and also to remove the patient when called upon. The sanction

of an inspector of lunatics must be given.

For admission into licensed houses, charitable institutions, and single

care, an order by a relative or connection of the lunatic is required

with two medical certificates, unless urgent, when one is sufficient,

but a second must follow within fourteen days.

LIABILITIES OF PERSONS SIGNING LUNACY CERTIFICATES

A medical practitioner is bound to certify as to the sanity of a

person. If, however, he undertakes to fill up the certificates

necessary for the detention of an alleged lunatic, he becomes

responsible to the authorities for the correctness of the certificates,

and if he make a wilful misstatement of facts he is guilty of a

misdemeanour. The medical practitioner may have an action brought

against him by the lunatic when recovered or discharged. The most

vindictive feelings may be entertained against the medical man. In such

a case, if the medical man proves his “good faith” and the exercise of

“reasonable care” in his examination and certification, he receives the

protection of the Court.

LIABILITIES OF PERSONS RECEIVING INSANE PATIENTS

In the case of Nottidge _v._ Ripley and Nottidge, the Lord Chief Baron

having been understood to intimate an opinion that no person ought

to be so confined unless he is dangerous to himself or others, the

Commissioners pointed out that the scope of the Lunacy Acts is not thus

limited. They said:

“The object of these Acts is not, as your Lordship is aware, so much

to confine lunatics, as to restore to a healthy state of mind such of

them as are curable, and to afford comfort and protection to the rest.

Moreover, the difficulty of ascertaining whether one who is insane be

dangerous or not is exceedingly great, and in some cases can only be

determined after minute observation for a considerable time.

“It is of vital importance that no mistake or misconception should

exist, and that every medical man who may be applied to for advice on

the subject of lunacy, and every relative and friend of any lunatic,

as well as every magistrate and parish officer (each of whom may be

called upon to act in cases of this sort), should know and be well

assured that, according to law, any person of unsound mind, whether he

be pronounced dangerous or not, may legally and properly be placed in a

county asylum, lunatic hospital, or licensed house, on the authority of

the preliminary order and certificates prescribed by the Acts.

“Upon the whole, it appears that the power to restrain and confine

a lunatic is limited at common law to cases in which it would be

dangerous, either as regards others or himself, for the lunatic to

be at large; but that the power to place and detain a lunatic in a

registered hospital or licensed or other house, under an order and

medical certificates duly made and obtained in accordance with the

Lunacy Acts, is not so limited.”

The terms of the Lunacy Act, 1890, are as follows:

“Subject to the exceptions in this Act mentioned a person

shall not be received or detained as a lunatic, as a single

patient, unless under a reception order by a judicial

authority.” “Every person who, except under the provisions

of the Act, receives or detains a lunatic or an alleged

lunatic in an institution for lunatics, or for payment takes

charge of, receives to board or lodge, or detains a lunatic

or alleged lunatic in an unlicensed house, shall be guilty

of a misdemeanour, and in the latter case shall also be

liable to a penalty not exceeding fifty pounds.” “Except

under the provisions of this Act, it shall not be lawful for

any person to receive or detain two or more lunatics in any

house, unless the house is an institution for lunatics or a

workhouse.” “Any person who receives or detains two or more

lunatics in any house except as aforesaid shall be guilty of

a misdemeanour.”

It is therefore unlawful to receive a lunatic or alleged lunatic except

by reception order. Only one can be received into a private house, and

a reception order is required. No medical man should receive a lunatic

into residence without the necessary reception order. All the statutory

regulations are demanded for a single case, and the private house is

subject to visitation and inspection.

It is also important to remember that if any one receive a person not

insane at the time, but who subsequently becomes insane, he renders

himself liable to prosecution, unless he procure the necessary medical

certificates and order (R. _v._ Wilkins).

=Is a Lunatic a competent Witness?=--Mr. Fitzjames Stephen maintains

(_Criminal Law_) that madmen are competent witnesses in relation to

testimony as in relation to crime. If they understand the nature of an

oath, and the character of the proceedings in which they are engaged,

they are competent witnesses whatever be the nature or degree of their

mental disorder. An idiot shall not be allowed to give evidence (Co.

Litt. 6 b; Gilb. Ev. 144); a lunatic during a lucid interval may do so

(_Id. Com. Dig. Testm._ {A}). When a lunatic is tendered as a witness,

it is for the judge to examine and ascertain whether he is of competent

understanding to give evidence, and is aware of the nature and

obligation of an oath; if satisfied that he is, the judge should allow

him to be sworn and examined (R. _v._ Hill, 2 Den. 255; 20 L.J. [M.C.]

222).

=The Civil Rights of Lunatics.=--If an individual be suffering from

such mental disease as to render him incompetent to manage his own

affairs, the law steps in to protect him and his property from injury.

But the power so used does not necessarily imply that he is deprived of

his personal freedom, but merely such restraint as is necessary for his

protection.

Many lunatics, under the protection of the Court, live in their own

houses with large establishments. A person so protected by the law is

said to be subject to an “interdiction.” In these cases a commission is

usually granted by the Court of Chancery, and a writ known under the

name of “_de lunatico inquirendo_” issued, after certain legal matters

of detail are settled, and affidavits from medical men certifying to

the insanity of the party have been filed.

The tests of insanity in these cases differ from those required in

criminal cases, where the knowledge of right from wrong is imperatively

demanded. The mental defect must not be the result of ignorance or want

of education, and at one time commissions were only issued when it was

shown that lunacy and idiocy alone existed, imbecility or mere weakness

of mind not being deemed sufficient to deprive a man of his civil

rights, or to place him under the protection of the Court.

To so great an absurdity did this lead, that the man suffering

from a delusion sufficient to be comprehended under the legal term

“lunacy” was protected, whereas the feeble-minded were left without

interference, though needing it more. The cost of these commissions

sometimes reached almost fabulous sums. The expense has been somewhat

lessened by recent enactments, and the process simplified--the Lord

Chancellor having it in his power to direct an inquiry before two

Commissioners, thus dispensing with a jury. (See the 16 and 17 Vict. c.

70, and 25 and 26 Vict. c. 86.)

In Scotland, however, the law is far more simple. The cognition

proceeds on a _brieve_ or writ addressed to the Lord President of the

Court of Session, and directs him to inquire “whether the person sought

to be cognosced is insane, who is his nearest agnate, and whether such

agnate is of lawful age.” “And such person shall be deemed insane if

he be furious or fatuous, or labours under such unsoundness of mind as

to render him incapable of managing his affairs.” “The trial is before

a judge of the Supreme Court and a special jury. If the insanity be

proved, the nearest agnate--relation by the father‘s side--is by law

entitled to the guardianship.” No one not a near relative can institute

these proceedings.

In Scotland also, the trial by jury may be avoided by applying by

petition to the Court of Session for the appointment of a judicial

factor or _curator bonis_. Of this appointment the alleged lunatic

is informed, which, if he please, he may oppose; medical evidence is

received, and on this the Court rests its decision--the usual course

being to remit the case to some competent person to make inquiry, take

evidence, and report. The Commissioner is usually the Sheriff.

=Examination of the Insane.=--A few words of caution need here be

said. Medical men will consult their own dignity and that of their

profession by remembering that in cases of alleged insanity, as in

fact in all other cases when their opinion is sought, they are not

justified in taking sides. Their evidence will be the more valuable in

proportion to the care they take in examining into the facts of the

case, and the good sense and judgment shown in their examination of the

patient. To distinguish between the mistakes, the result of ignorance

and want of education, and those the result of a feeble mind, is of

primary importance. It is no sign of insanity in an uneducated farmer

that he knows not the _pons asinorum_. All cases should be tested by

considering the surroundings and possible degree of culture of a person

placed under like conditions as the party under examination. Has he

shown himself capable of an average amount of culture? or is his mental

condition inferior to what one might legitimately expect under the

influences to which he has been subjected? The medical examiner should

also direct his attention to this important point, setting aside all

legal and medical theories of insanity, viz.--“Is the case of _such

mental disorder_ as to create _an incapacity for managing affairs_.”

TESTAMENTARY CAPACITY

A medical practitioner may be called upon to give evidence as to

the capacity of a testator to make a valid will. An ordinary person

witnessing a will does so to fact only, but if a medical man do so it

implies that he was of the opinion that the testator was fit to make

a will and of a sound and disposing mind. In making an examination of

a person for fitness to make a will, the medical man must endeavour

to find out if the testator understands the nature of his action, and

all the details associated with it; also if he knows the nature and

amount of his property, and the claims or otherwise of those who may

become beneficiaries under it. Further, has he such a delusion as may

influence his will in disposing of his property, and bring about a

disposal of it which, if the mind had been sound, would not have been

made.

A person may have a delusion or delusions without interfering with the

making of a will. If the “disposing mind” be left intact, testamentary

capacity is upheld. In severe illness and old age the mind may be

so disturbed, without true insanity being present, that a person is

rendered incapable of making a will. In all such cases the medical man

should be sure of his ground before granting, if requested, that the

patient is capable or otherwise. It is a good plan, when examining a

patient as to testamentary capacity, to have the will produced, and

privately read it out to the person and ask if it be correct, then to

have the person repeat the dispositions of the will, and see if they

coincide with the contents of the document.

People who are aphasic may make wills which are valid. Difficulties

arise in cases of sensory aphasia.

RESTRAINT OF HABITUAL DRUNKARDS

An habitual drunkard, as defined by law, is “a person who, not being

amenable to any jurisdiction in lunacy, is notwithstanding, by reason

of habitual intemperate drinking of intoxicating liquor, at times

dangerous to himself or herself, or to others, or incapable of managing

himself or herself or his or her own affairs.”

Before placing such a person under restraint in a licensed retreat the

person‘s consent must be obtained. The patient must make an application

to a Justice of the Peace, and supported by a declaration from two

persons stating that the applicant is an habitual drunkard within

the meaning of the Act. If the justice be satisfied, he can make out

an order for detention. The order is valid for any time mentioned in

the application not exceeding two years. The patient can be detained,

forcibly if necessary, and if escaped may be arrested and taken back.

SECTION II

TOXICOLOGY

CHAPTER 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

Toxicology is that division of Forensic Medicine which takes into

consideration the modes and actions of poisons upon the living body,

the treatment of their effects upon the body, and the methods of

detecting them when occasion requires.

=Definition of a Poison.=--Neither the law nor medicine defines a

poison. The popular definition is to be avoided, viz., that, a poison

is a substance capable of acting injuriously on the body when taken or

administered in a small dose.

Husband defined a poison as “_any substance which, introduced into the

system or applied to the body, is injurious to health and destroys

life, irrespective of temperature or mechanical means_.”

Taylor and Stevenson define a poison as “_a substance which when

absorbed into the blood is, by its direct action, capable of seriously

affecting health or destroying life_.”

There are substances, however, which do not require absorption into

the blood in order to exert their deleterious action, _e.g._ the

corrosive acids and alkalies; but, although the chief action is a local

one in most cases, some absorption does take place and is evidenced

in systemic effects, and are so classified as poisons differing from

powdered glass, which acts mechanically only and is not a poison in the

true sense of the word.

Winter Blyth considers that “_a substance of definite chemical

composition, whether mineral or organic, may be called a poison if it

is capable of being taken into any living organism, and causes, by its

own inherent chemical nature, impairment or destruction of function_.”

According to Luff a poison is “_a substance which, either by its direct

action upon the skin or mucous membranes, or after its absorption into

the blood, is capable of injuriously affecting health or destroying

life_.”

Letheby defines a poison as “_anything which otherwise than by the

agency of heat or electricity is capable of destroying life, either by

chemical action on the tissues of the living body, or by physiological

action from absorption into the system_.”

The law does not recognise the manner in which the substance acts, nor

the result; the legal standpoint is the _intent_ of the administrator

qua administrator. The law is as follows: “_Whosoever shall administer

or cause to be administered or taken by any person any poison or other

destructive thing with intent to commit murder shall be guilty of a

felony_” (24 and 25 Vict. c. 100, sec. 11).

Section 22. “_Whosoever shall unlawfully apply or administer to or

cause to be taken by, or attempt to apply or administer to, or attempt

to cause to be administered to or taken by, any person, any chloroform,

laudanum, or other stupefying or overpowering drug, matter, or thing,

with intent, in any of such cases, thereby to enable himself or any

other person to commit, or with intent, &c., to assist any other person

in committing any indictable offence, shall be guilty of felony._”

Section 23 enacts that, “_Whosoever shall unlawfully administer to, or

cause to be administered to, or taken by any other person, any poison

or other destructive or noxious thing so as thereby to endanger the

life of such person, or so as thereby to inflict upon such person any

grievous bodily harm, shall be guilty of a felony_.”

Section 24. “_Whosoever shall unlawfully or maliciously administer to

or cause to be administered to or taken by any other person any poison

or other destructive or noxious thing with intent to injure or aggrieve

or annoy such person shall be guilty of a misdemeanour._”

Section 25. “_If upon the trial of any person charged with the felony

above mentioned the jury shall not be satisfied that such person

is guilty thereof, but shall be satisfied that he is guilty of the

misdemeanour above mentioned, then, and in every such case, the jury

may acquit the accused for such felony and find him guilty of a

misdemeanour._”

=Administration of Noxious Drugs.=--The law throws on the medical

witness the responsibility of the definition of a _noxious thing_, and

whether it was given in excess, or liable to cause annoyance or injury

to health. At a Bodmin Assize, Lord Chief-Justice Cockburn, after

consultation with Mr. Justice Hawkins, delivered an important judgment

on the subject. A man was charged with having administered cantharides

with criminal intent. The judges ruled that there must not only be

an administration of a noxious drug with a guilty intent, but the

drug must have been administered in such quantities as to be noxious,

whereas the dose here given was too small to be seriously deleterious.

Distinction was drawn between a drug like cantharides, which is only

noxious when given in excess, and strychnine, a well-established

poison. Acquittal was therefore directed. In the case of R. _v._ Cramp,

the prisoner was charged with having administered half an ounce of

oil of juniper with intent to procure abortion. He was convicted, but

appealed on the legal ground that the substance must be noxious in

itself, and not only when given in excess. Lord Coleridge ruled that

“if a person administers with intent to produce miscarriage something

which _as administered_ is ‘noxious,’ he administers a ‘noxious thing.’”

=The Sale of Poisons.=--The law, by the Pharmacy Act, 1868, and its

amendments, restricts the sale of poisons to pharmaceutical chemists,

chemists and druggists, and registered medical practitioners. The Acts

define and indicate by schedule “Poisons within the meaning of the

Act.” The Schedule of Poisons, as amended in the “Poisons and Pharmacy

Act, 1908,” and “Additions to Schedule 1913,” is:

SCHEDULE OF POISONS

[_As amended by Orders in Council_]

Part I

Arsenic, and its medicinal preparations.

Aconite, aconitine, and their preparations.

Alkaloids.--All poisonous vegetable alkaloids not specifically named

in this schedule, and their salts, and all poisonous

derivatives of vegetable alkaloids.

Atropine, and its salts, and their preparations.

Belladonna, and all preparations or admixtures (except belladonna

plasters) containing 0.1 or more per cent. of belladonna

alkaloids.

Cantharides, and its poisonous derivatives.

Coca, any preparation or admixture of, containing 1 or more

per cent. of coca alkaloids.

Corrosive sublimate.

Cyanide of potassium, and all poisonous cyanides and their

preparations.

Emetic tartar, and all preparations or admixtures containing 1 or

more per cent. of emetic tartar.

Ergot of rye, and preparations of ergots.

Nux vomica, and all preparations or admixtures containing 0.2 or

more per cent. of strychnine.

Opium, and all preparations or admixtures containing 1 or more

per cent. of morphine.

Picrotoxin.

Prussic acid, and all preparations or admixtures containing 0.1 or

more per cent. of prussic acid.

Savin, and its oil, and all preparations or admixtures containing

savin or its oil.

Part II

Almonds, essential oil of (unless deprived of prussic acid).

Antimonial wine.

Cantharides, tincture and all vesicating liquid preparations or

admixtures of.

Carbolic acid, and liquid preparations of carbolic acid,

and its homologues containing more than 3 per cent.

of those substances, except preparations for use as

sheep wash or for any other purpose in connection with

agriculture or horticulture, contained in a closed

vessel distinctly labelled with the word “poisonous,”

the name and address of the seller, and a notice of

the special purposes for which the preparations are

intended.

Chloral hydrate.

Chloroform, and all preparations or admixtures containing more

than 20 per cent. of chloroform.

Coca, any preparation or admixture of, containing more than 0.1

per cent. but less than 1 per cent. of coca alkaloids.

Diethyl-barbituric acid, and other alkyl, aryl, or metallic

derivatives of barbituric acid, whether described

as veronal, proponal, medinal, or by any other

trade name, mark, or designation; and all poisonous

urethanes and ureides. [_Added March 12, 1913._]

Digitalis.

Mercuric iodide.

Mercuric sulphocyanide.

Oxalic acid.

Poppies, all preparations of, excepting red poppy petals and syrup

of red poppies (_Papaver rhœas_).

Precipitate, red, and all oxides of mercury.

Precipitate, white.

Strophanthus.

Sulphonal, and its homologues, whether described as trional,

tetronal, or by any other trade name, mark, or

designation. [_Added March 12, 1913._]

All preparations or admixtures which are not included in

Part I. of this schedule, and contain a poison within

the meaning of the Pharmacy Acts, except preparations

or admixtures the exclusion of which from this

schedule is indicated by the words therein relating to

carbolic acid, chloroform, and coca, and except such

substances as come within the provisions of Section 5

of this Act.

Memorandum.--Special importance attaches to the last paragraph of Part

II. of the schedule, as the effect of that paragraph is to include in

Part II. many preparations and admixtures of vegetable drugs which

contain poisonous alkaloids, although the drugs containing them are not

specified in the schedule.

With those in Part I. a registration of the sale is compulsory, the

purchaser must be known to or introduced by some person known to the

vendor, and the purpose for which the poison is required, the date,

the name and amount of the poison sold, the name and address of the

buyer, and the entry must be signed by the purchaser and introducer.

All substances in Parts I. and II. must be labelled by the vendor

with a label bearing the name of the poison, the name and address

of the seller, and the word “Poison”; but with those in Part II. no

registration as in Part I. is required. In the sale of arsenic both

the seller and purchaser must sign the entry, and the introducer must

witness it. No arsenic can be legally sold to a person under the age of

twenty-one years; nor may it be sold in quantities of less than 10 lbs.

unless mixed with soot or indigo--one ounce of the former, or half an

ounce of the latter, to each pound of arsenic. If quantities of over 10

lbs. be sold, and the soot or indigo would render it unfit for use in

the way desired, then they may be omitted (_Arsenic Act_, 1851).

=Classification of Poisons.=--A good and scientific classification

of poisons is still wanted. The following simple general division,

depending upon the chief effect, may be taken as guides by the student:

(a) _Corrosives_--Local corrosion.

(b) _Irritants_--Gastro-intestinal irritation.

(c) _Neurotics_--Altered action of the nervous system.

1. INORGANIC

_Corrosive_--Sulphuric acid, &c.

_Irritant_--Arsenic, &c.

2. ORGANIC

_Irritant_--Savin, Cantharides.

_Affecting Brain_--Opium.

_Affecting Spinal Cord_--Strychnia.

_Affecting Heart_--Digitalis.

_Affecting Lungs_--Carbonic acid.

(Guy.)

IRRITANTS

{ Acid poisons--Sulphuric acid, &c.

_Mineral_ { Alkaline poisons--Caustic soda, &c.

{ Non-metallic--Phosphorus, Iodine, &c.

{ Metallic--Arsenic, Antimony, &c.

_Vegetable_--Savin, Elaterium, &c.

_Animal_--Cantharides.

NEUROTICS

_Cerebral_--Opium, Hydrocyanic acid, Alcohol.

_Spinal_--Strychnia, Nux vomica.

_Cerebro-spinal_--Conium, Belladonna, Aconite.

_Cerebro-cardiac_--Calabar bean, Digitalis.

(Taylor.)

The subjoined classification is based upon that adopted by the late

Professor Sir Douglas Maclagan. Where the poison acts in such a manner

as to place it in two or more groups, I have fully described it in one,

merely drawing attention to it under the others:

DIVISION I

CHEMICAL

{ Acids.

_Corrosive_, { Alkalies.

{ Caustic salts.

_Vulnerant_, Glass, Needles.

DIVISION II

VITAL

_Irritant_, Metalloid, Phosphorus, Iodine.

“ Metallic, Arsenic, Antimony, Mercury, &c.

“ Vegetable, Gamboge, Elaterium, Colchicum, Squill.

“ Animal, Cantharides, Ptomaines.

_Narcotic_, Somniferous, Opium.

“ Deliriant, Hyoscyamus, Belladonna.

“ Inebriant, Alcohol, Cocculus Indicus, Chloroform,

Ether, Cannabis Indica.

_Sedative_, Cardiac, Digitalis, Aconite, &c.

“ Cerebral, Ether, Chloroform, Hydrocyanic acid.

“ Neural, Conium, Aconite.

_Excitomotory_, Strychnia, Ergot.

_Irrespirable Gases_, Carbonic acid, Carbon monoxide,

Coal gas, Chlorine.

_Toxicohæmic or Septic_, Snake venom, Ptomaines, “Toxins.”

=Action of Poisons.=--Amid the difficulties which surround this

subject, three points appear to have been clearly made out: (1) That it

is necessary for all poisons to enter the blood before their specific

action can be produced. (2) That poisons possess an elective affinity

for certain tissues and organs. Thus, arsenic, however introduced

into the system, as a rule attacks the stomach; and this peculiarity

of action closely allies it to the poisons of typhoid, scarlet fever,

smallpox, &c., which appear to have, respectively, an elective affinity

for the glands of the intestines, the throat, and the skin. (3) That

the habitual use of a poison in medicinal doses does not ensure a

perfect toleration on the part of the system with regard to the action

of the poison, for sooner or later a complete cachexia is produced,

showing that the poisonous effect of the drug is not arrested.

Besides the above, there are also certain conditions connected with

the action of poisons: (1) The poison is absorbed and distributed by

the blood. (2) A portion is eliminated by the fluid secretions and

excretions. (3) Another portion is for a time deposited in the tissues

and organs of the body. These processes are of necessity simultaneous.

The channels of entrance and exit are as follows: Of entrance we

have--(1) _The blood-vessels as a result of wounds_--more important

in a physiological than a medico-legal question. (2) _The skin and

cellular membrane._--Absorption by the skin is modified by the

condition of the part, and also by the form in which the drug is

applied. Thus the skin of the arm-pits and groins is more absorbent

than the palms of the hands. Watery solutions are not so effective

as oily preparations, and the application of the drug in fine powder

is more effectual than a watery solution of it. This is explained

by the presence of a natural oily, unctuous substance on the skin,

which prevents the direct contact of the watery solution, but if the

solution be allowed to evaporate on the part, the substance thus left

in minute division is then readily absorbed. The danger of allowing

strong solutions of corrosive sublimate to evaporate on the head in the

treatment of certain skin eruptions is thus explained. (3) _The lungs

and air-passages._--Absorption by these organs is most active, hence

the intense rapidity in the action of aerial poisons. (4) _The stomach

and intestines._--Poisons introduced into the stomach or intestines

take longer to arrive at the special organs on which they act than by

the other channels of entrance. They are absorbed by the capillaries

into the mesenteric veins, and before passing to the heart, by which

they enter the general circulation, they pass through the liver, where

they are in part excreted in the bile or deposited in the gland. The

absorbing power of the stomach is modified by its fulness or emptiness,

and poisons not soluble in water may be rendered so by the gastric

secretion.

The avenue of entrance may materially modify the action, and some

poisons which act rapidly when entering by a wound, are inert when

taken into the stomach. Snake poisons when given by the mouth are

entirely harmless. Hydrogen sulphide is more toxic when inhaled

than when taken in solution. This, though true in some cases, does

not always occur; and the inertness of these poisons, it has been

suggested, may be due to the elimination of them being as rapid

as their absorption, so that a poisonous dose never enters the

circulation. The intestines absorb more rapidly than the stomach, and

this must be borne in mind when administering powerful drugs _per anum_.

Of the channels of exit we have: (1) _The kidneys._ (2) _The lungs._

(3) _The bile._ (4) _The milk._ (5) _The saliva._ (6) _Mucous

membrane._ (7) _The skin._

We know not the cause, but certain poisons appear to select a

particular route for their exit--thus iodide of potassium leaves by

the urine; mercury and its salts by the saliva; arsenic and eserine,

the active principle of the Calabar bean, in small quantities, by the

stomach, &c. We are, however, prepared to show that all poisons must

enter the blood before they produce their effects, and that almost

simultaneously with the entrance of the poison into the blood a process

of elimination begins, and that fatal effects depend upon absorption

taking place more rapidly than elimination. On the amount also of the

poison absorbed do its fatal effects depend, and not on the quantity

actually taken. Whilst absorption and elimination are both going on,

some of the poison is being deposited in the organs and tissues of the

body. As proofs of these statements it has been shown that poisons

have been detected in the blood, and that urine, saliva, and milk,

fluids secreted from it, may contain portions of the poison taken, and

produce dangerous symptoms when given to other animals. Poisons applied

to the brain tissue, or to nerve trunks, do not produce symptoms,

and the action of a poison may be arrested for a time by compressing

by a ligature the main vessels of the limb under the skin of which

the poison has been injected. After death no trace of the poison may

be detected, the quantity taken being just sufficient to produce a

fatal result, or elimination may be so rapid that, although death was

directly due to the poison, any remains of its existence cannot be

made out. This occurred in the case of Dr. Alexander, who died from

an accidental dose of arsenic, all the arsenic being eliminated in

_seventeen_ days--in another fatal case, in _seven_ days. (Taylor)

As evidence of the diffusion of poisons the following table may be of

use:

{ Dilatation of the pupil in poisoning by

Physiological. { belladonna, hyoscyamus, &c.

{ Contraction of the pupil in poisoning by opium,

{ Calabar bean.

{ _Taste._--Bitter taste of the secretions. Strychnia,

{ picrotoxin. The milk of animals fed on wormwood

{ may become bitter; on colchicum,

Physical. { poisonous.

{

{ _Smell._--Prussic acid, tobacco, conium, &c.

{

{ _Colour._--Skin blackened by nitrate of silver,

{ given internally.

_N.B._--By the aid of the spectroscope the salts of lithium

and thalium have been detected in the liver and

other tissues.

Recapitulation of the Mode of Action of Poisons, and the Causes which

Modify their Action.

MODE OF ACTION

I. LOCAL

1. Corrosion of the part }

to which the poison } Strong acid, alkali, &c.

is applied. }

2. Inflammation as the }

result of irritants } Arsenic, cantharides, &c.

applied to a part. }

3. Effects on the nerves } Dilatation of the pupil by belladonna,

of motion and sensation. } tingling of the tongue and skin by

} aconite, paralysis by conium.

II. REMOTE

1. Common--not to be distinguished from the effects of injury or

disease.

2. Specific--peculiar to the poison itself.

(1) General--affecting the whole system.--Antimony.

(2) Partial--acting on a particular organ.--Antimony.

MODIFYING CAUSES

{ 1. Quantity of the poison increases its rapidly

{ fatal action.

{

1. Quantity. { 2. Action changed by the size of the dose. Thus,

{ oxalic acid in large doses acts as a corrosive;

{ in small doses on the heart, brain, or spinal

{ cord.

{ _Solubility_ increases the activity of poisons.

{ _Chemical Combinations._--Baryta is poisonous,

2. Form. { sulphate of baryta is inert.

{ _Mixture._--Dilution may retard or accelerate

{ the action of a poison.[19]

3. Point of application--Skin, lungs, mucous and serous membranes.

{ _Habit_--generally lessens the action of

{ poisons, e.g. _arsenic-eater, morphine-taker_.

4. Condition of { _Idiosyncrasy_--increases or may lessen the

the body. { action of poisons.

{ _Disease_--generally lessens, but in some cases

{ increases the action of poisons.

[19] Dilution lessens the activity of some poisons, by prolonging

the time necessary for their absorption; but in the case of powerful

irritants, which act through the blood, moderate dilution increases

their activity, by enabling them to enter the vessels more easily.

Oxalic acid is an example of the effect of dilution as a modifying

agent in its action. A small concentrated dose acts as an irritant;

diluted, it is soon absorbed, and quickly causes death.

GENERAL EVIDENCE AND DIAGNOSIS OF POISONING

It will now be necessary to consider briefly the general evidences of

poisoning, in order to determine whether a death alleged to be due

to poison is not really the result of disease. For convenience of

description, this subject will be divided into five sections:

1. Evidence from the Symptoms.

2. Evidence from the _Post-mortem_ Appearances.

3. Evidence from Chemical Analysis.

4. Evidence from Experiments on Animals.

5. Moral Evidence.

1. =Evidence from the Symptoms.=--As a general rule the symptoms come

on suddenly while the person is in apparent health, except in cases of

slow poisoning, when the poison may be so administered by frequently

repeated and small doses as to simulate disease, and the physician is

more easily misled than when a single large dose is given. In cases of

suspected homicide this suddenness in the accession of the symptoms

is particularly to be noticed, and we may have to decide as to the

probabilities of accident, suicide, or homicide. Here collateral

evidence must be our guide. The slowness, obscurity, and irregularity

of the symptoms are more in favour of homicide than either accident or

suicide. But it must also be borne in mind that the invasion of many

diseases is sudden, as is the case with cholera, gastritis, and some

others.

Certain conditions of the system more or less modify the effects of

some poisons. Thus, sleep delays the action of arsenic; and this may

also be the case with other poisons. Intoxication has also been said

to exert a retarding power over the action of certain poisons. This is

probably more apparent than real, the fact being that the symptoms in

the cases observed are masked.

Much more important, however, is the influence of disease. Large doses

of opium are well borne in mania, delirium tremens, dysentery, and

tetanus; whereas it is well known that even small doses of mercury in

cases of Bright‘s disease of the kidney, or in children recovering from

any of the eruptive fevers, have produced dangerous salivation.

The symptoms of poisoning go on from bad to worse in a steady course;

but there may be remissions, followed, under treatment, by their

entire disappearance, no ill effect remaining. Remissions are most

likely to occur in slow poisoning with the metallic irritants, from

fear of detection or cunning on the part of the poisoner to imitate

the progress of disease. In nervous affections, all the symptoms must

be taken into consideration, and these will be found to differ from

those of any known poison. The history of the case should also have due

attention paid to it.

In poisoning, the symptoms appear soon after food or drink has been

taken. This is open to the objection that apoplexy has occurred

immediately after a meal. The probative value of the above statement

is, however, increased if several persons have been similarly affected

after partaking of the same dish, especially if the symptoms followed

within a short time--under four hours--of the meal. But it must also be

remembered that all persons are not affected alike by the same poison.

Again, the diagnostic value is weakened if it can be proved that the

person or persons affected have taken nothing in the way of food for

two or three hours previously.

_The flesh of animals poisoned by accident, or intentionally, may

seriously affect those who eat it._--As a case in point may be

mentioned the injurious effects produced in some persons who had

partaken of the Canadian partridges imported to this country some years

ago, and which had probably eaten some poisonous berries during the

severe winter of that year.

Poisons may be introduced into the system otherwise than by the mouth;

that is, they may be placed in the vagina or rectum, or inhaled when

volatile poisons are used. Sometimes a poison has been introduced

into the medicine, or a poisonous draught substituted for the one

prescribed. In any case, where suspicious symptoms suddenly occur, the

poison has most probably been taken in from half an hour to an hour

previously, and it is of special importance to note the period of time

that may have elapsed between the accession of the symptoms and the

last meal, or administration of medicine.

When called in to a case of suspected poisoning, and in many cases

where no suspicion at the time arises, the medical attendant should pay

attention to the following points:

Text-book of forensic medicine and toxicology · 第 16 / 20 章