The variations caused by difference of tissue in the activity of poisons have been viewed in the previous remarks as depending chiefly on the relative quickness with which absorption goes on. But in this way it is impossible to explain the whole amount of the differences sometimes observed. Some poisons cause death when applied to a wound in the minutest quantity, but are quite harmless when swallowed in large doses: Others are diminished a little in activity, but still remain powerful and fatal poisons. There is not much difference in the power of arsenic when it is applied to different textures, the skin excepted. But oxalic acid injected into the peritonæum will act eight or ten times more rapidly than when swallowed and the poison of the viper may prove fatal to a man through a wound in almost invisible doses, while the whole poison of six vipers may be swallowed by so small a creature as a blackbird, with complete impunity.[58] Differences in the absorbing power of the tissues cannot explain these facts.

The only rational way of accounting for them is by supposing that a part of the poison is decomposed,—the change being greatest where absorption is slowest and the power of assimilation strongest, namely, in the stomach,—and least where absorption is quickest and assimilation almost wanting, namely, in a wound. This explanation derives support from the different effects of change of tissue on poisons of the different kingdoms. Mineral poisons are least, and animal poisons are most, affected in their action by differences of tissue, while vegetable poisons hold the middle place:—an arrangement which coincides with the respective difficulty of decomposition among mineral, vegetable, and animal substances generally, whether under physical or under vital processes.[59]

6. With respect to differences arising from difference of organ, these will, of course, be partly attributable to differences in tissue, but not altogether. For example, in the case of the pure corrosives or irritants, the injury caused will depend for its danger on the importance of the organ to the general economy of the body: Inflammation caused by a local poison in the stomach will be more quickly fatal than that excited in the intestines only; and such a poison may act violently on the external parts without materially impairing the general health.

7. Habit and Idiosyncrasy.—The remarks to be made under the present head are important in a medico-legal point of view: for they show how one man may be poisoned by a substance generally harmless, and another not harmed by a substance usually poisonous.

The tendency of idiosyncrasy is generally to increase the activity of poisons, or even to render some substances deleterious which are commonly harmless.

The effect of opium in medicinal doses is commonly pleasant and salutary; but in some individuals it produces disagreeable and even dangerous effects. Calomel, which in moderate doses is for the most part a mild laxative or sialagogue, will cause in some people, even in the dose of a few grains, violent salivation, ulceration of the mouth, nay, fatal gangrene. On the other hand, a few substances, which to most people are actively poisonous, have on some individuals comparatively little effect. There are extremely few poisons, however, in regard to which this kind of idiosyncrasy is well established and prominent. Mercury and alcohol are examples. The compounds of mercury, which in moderate quantity are mildly laxative or sialagogue to most people, but to some persons dangerously poisonous in very small doses, would, on the contrary, appear in other constitutions to be extremely inactive; for it has occasionally been found impossible to bring on the peculiar constitutional action of mercury by continuing the use of its preparations for months together. In general children are not easily affected by calomel as a sialagogue, but easily by its laxative action. As to alcohol, it is a familiar fact, that independently of the effects of habit, there are some constitutions which cannot be brought under the influence of intoxicating liquors without an extraordinary quantity of them and a long-continued debauch, while others are overpowered in a short space of time, and by very moderate excess; and there is no reason to doubt that very great constitutional differences also prevail in regard to the operation of a single large dose. A rarer idiosyncrasy is unusual insensibility to the action of opium. I am acquainted with a gentleman unaccustomed to the use of opium who has taken without injury nearly an ounce of good laudanum,—a dose which would certainly prove fatal to most people.

But not only does idiosyncrasy modify the action of poisons: Through its means, too, some substances are actually poisonous to certain individuals, which to mankind in general are unhurtful, nay, even nutritive.

With some people all kinds of red fish, trout, salmon, and even the richer white fish, herring, mackerel, turbot, or holibut, disagree as it is called—that is, act after the manner of poisons: They produce fainting, sickness, pain of the stomach; and if they were not speedily evacuated by vomiting, dangerous consequences might ensue. The same is often the case with mushrooms. The esculent mushrooms act on some people nearly in the same way as the poisonous varieties. Bitter almonds and other vegetable substances that contain hydrocyanic acid, sometimes produce stupor or nettle-rash in the small quantities used for seasoning food. In like manner many flowers, which to most persons are agreeable and not injurious, cannot be kept in the same room with some people on account of the severe nervous affections that are developed.

This idiosyncrasy may even be acquired. One of my relations, who was for many years violently affected by very small quantities of the richer kinds of fish, used at a previous period to eat them, and can now again do so, with impunity. Many people have acquired a similar idiosyncrasy with respect to eggs; instances of the same kind will be afterwards mentioned in respect to shell-fish, particularly muscles; indeed there are probably few articles of food in regard to which such idiosyncrasies may not in a few rare instances be met with, if we except the grains and common kinds of butcher-meat. I may add, that from facts which have come under my notice, I have sometimes suspected that a similar idiosyncrasy may be acquired in a slight degree, and for a short time only, in regard even to some kinds of butcher-meat, especially the flesh of young animals and pork. On this subject some illustrations will be found at the close of the chapter on diseased and decayed animal matter.

It does not appear well ascertained, that the effect of idiosyncrasy is ever to impair materially the energy of poisons, except in the instances of mercury, alcohol, and opium.

On the contrary, the tendency of habit when it does affect their energy, is, with a few exceptions, to lessen it. By the force of habit a person may take without immediate harm such enormous quantities of some poisons as would infallibly kill an unpractised person or himself when he began. There have been opium-eaters in this country who took for days together ten or even seventeen ounces of laudanum daily.

The influence of habit has been ascertained precisely in the case of a few common poisons only. On the whole, it would appear that more change is effected by habit in the action of the organic than in that of the inorganic poisons; and that of the former, those which act on the brain and nervous system, and produce narcotism, are altered in the most eminent degree. The best examples of the influence of habit are opium and vinous spirits. The action of such poisons is not always, however, entirely thrown away; they still produce some immediate effect; and farther, by being frequently taken, they may slowly bring on certain disease, or engender a predisposition to disease. A very singular exception to this rule prevails in the instance of tobacco; which, under the influence of habit, may be smoked daily to a considerable amount, and, so far as yet appears, without any cumulative effect on the constitution, like that of opium-eating or drinking spirits.

The inorganic poisons are most of them little impaired in activity by the force of habit. The pure irritants, indeed, do lose a little of their energy: for it seems that persons have acquired the power of swallowing with impunity considerable doses of the mineral acids. But as to inorganic poisons that enter the blood, habit certainly does not diminish, probably rather increases, their power. There is no satisfactory evidence, that a person by taking gradually-increasing doses of arsenic may acquire the power of enduring a considerably larger dose than when he began: On the contrary, the stomach rather becomes more tender to the subsequent dose by each repetition. I have little hesitation in avowing my disbelief of the alleged cases of arsenic-eaters and corrosive-sublimate-eaters, who could swallow whole drachms at once with impunity. Some have expressed surprise at this statement having been made in former editions of the present work, when there is such authority as Byron, Pouqueville, &c., for the hackneyed story of Soleyman, the sublimate-eater of Constantinople, who lived to the age of a hundred, eating a drachm of corrosive sublimate daily. I must avow, however, that such reporters of a feat so very extraordinary, and where deception was so highly probable, are to me no authority at all.

In the relative influence of habit on poisons of the three kingdoms of nature, a new argument will be discovered for the opinion given above respecting the partial decomposition of organic poisons in some of the tissues. In fact this partial decomposition accounts very well for the effect of habit: The effect of habit is probably nothing more than an increased power acquired by the stomach of decomposing the poison,—just as it gradually acquires an increased facility in digesting some alimentary substances which are at first very indigestible.

8. The last modifying cause to be mentioned comprehends certain diseased states of the body. The effect of disease, like that of habit, is in general to impair the activity of poisons. But it is only in the instance of a few diseases that this diminution is so strongly marked as to be important in relation to medical jurisprudence.—In the continued fever of this country there is a diminished susceptibility of the constitutional action of mercury; and this peculiarity is very strongly marked in the yellow fever, as well as in the bilious fevers generally of tropical climates. In some varieties of typhoid fever there is obviously a diminished sensibility to the action of wine and other spirituous liquors; but this diminution in a great majority of cases is much inferior to what some physicians have represented.—In severe dysentery the susceptibility of the narcotic action of opium is so much impaired, that a person unaccustomed to the use of that drug, may continue to take daily, for several days together, a quantity which might prove fatal to him in a state of health. In the severe form which dysentery occasionally puts on in this country I have known a patient take from twenty-four to thirty grains of opium daily, and retain it all, without experiencing more than a mild narcotic action.—In epidemic cholera the same insensibility has been remarked to the operation of opium.—It also occurs in the instance of excessive hemorrhagy.—According to the doctrines and practice of the present dominant school in Italy, there is an unusual insensibility during inflammatory dropsy to the irritant action of gamboge, so that sixty or eighty grains may be taken without harm.—There is no disease, however, in which the power of mitigating the action of poisons is more remarkably exhibited, than in tetanus: It is often scarcely possible to bring on the narcotic action of opium by any doses which can be administered; calomel, too, acts with much less energy than usual; and even common purgatives must be administered in doses considerably larger than those required in most other disorders.—Mania is similarly circumstanced: almost all remedies must be given in increased doses, narcotic remedies in particular. But there is good reason for believing that the impaired susceptibility of the action of poisons remarked in this disorder is far from being always so great as some have alleged.—Another disease allied to the last, where the diminution of susceptibility is often great, is delirium tremens. It has in particular been often found, that to produce sleep in this disease opium must be given in frequent large doses,—so large indeed, that they would undoubtedly prove fatal to a person in health. At the same time it is worthy of remark, that in some cases of delirium tremens, even violent in degree, the peculiarity now specified, as I have myself several times witnessed, is far from being strongly marked.—Hydrophobia always, and hysteria sometimes, impair the activity of poisons. I have seen cases of hysteria, more particularly those assuming the form of tetanus, where very large doses of opium were required to produce a calmative effect and sleep; and in hydrophobia it is well shown that the narcotic action of opium is not produced even by large doses often repeated.—The same state occurs in excessive hemorrhage.

In the operation of this class of modifying agents it is a general law, to which there are probably few exceptions, that they chiefly affect poisons of the organic kingdoms, and the narcotics above all. At least in the instance of most mineral poisons their influence is very inferior. Their operation may be accounted for in various ways. Sometimes, as in dysentery and cholera, the poison is carried with unusual rapidity through the alimentary canal. Sometimes again it remains comparatively inert, because on account of the impaired activity of absorption, it is not taken up with the usual quickness by the absorbent vessels. And sometimes, as in the instance of tetanus, mania, and rabies, the nervous system is in a state of peculiar excitement, by which the customary action of the poison is in a great measure, if not entirely, counteracted.

In a few diseased states of the system there is an increased susceptibility of the action of poisons: and it is important that the medical jurist should attend to this circumstance. When a poison has a tendency to bring on a peculiar pathological state of the system, or of a particular organ, which state is also produced by a disease existing at the time or impending, violent and even fatal consequences may ensue from doses of poisons which in ordinary circumstances are innocuous or beneficial. Thus in persons affected with apoplexy an ordinary dose of opium may accelerate death; and in people even with a mere tendency to apoplexy, if it is strongly marked, or appears from what are called warning symptoms to be on the point of developing itself, a common dose of such narcotics as occasion determination to the brain may excite the apoplectic attack. Thus, too, in cases of inflammatory disorders of the alimentary canal, irritating substances, in doses not otherwise injurious, may produce dangerous impressions on the tender membrane with which they come in contact. But in respect to this last example, it must be remarked, that the improvements or the caprice of medical practice have gone directly in face of the rule, by suggesting that some internal inflammations of the alimentary canal may be successfully treated with irritating remedies.

I might here perhaps have added among the causes which modify the action of poisons, sleep, and the administration of other poisons. The latter subject, however, will be better considered at the end of the Individual Poisons, under the title of Compound Poisoning. The former agent is of doubtful effect. Some observations on its influence will be found in the chapter on the Evidence of General Poisoning, p. 41.

Application of the preceding remarks to the Treatment of Poisoning. As an appendix to what has been said respecting the physiological action of poisons, and the causes by which it is liable to be modified, I shall here state shortly certain applications to the treatment of poisoning.

In the instance of internal poisoning, the great object of the physician is to administer an antidote or counter-poison. Antidotes are of two kinds. One kind takes away the deleterious qualities of the poison before it comes within its sphere of action, by altering its chemical nature. The other controls the poisonous action after it has begun, by exciting a contrary action in the system. In the early ages of medicine almost all antidotes were believed to be of the latter description, but in fact very few antidotes of the kind are known.

Chemical antidotes operate in several ways, according to the mode of action of the poison for which they are given. If the poison is a pure corrosive, such as a mineral acid, it will be sufficient that the antidote destroy its corrosive quality: Thus the addition of an alkali or earth will neutralize sulphuric acid, and destroy or at least prodigiously lessen its poisonous properties. In applying this rule care must be taken to choose an antidote which is either inert in itself, or, if poisonous, is, like the poison for which it is given, a pure corrosive or local irritant, and one whose properties are reciprocally neutralized.

If the poison, on the other hand, besides possessing a local action, likewise acts remotely through absorption, or by an impression on the inner coat of the vessels, mere neutralization of its chemical properties is not sufficient; for we have seen above that such poisons act throughout all their chemical combinations which are soluble. Here, therefore, it is necessary that the chemical antidote render the poison insoluble or nearly so; and insoluble not only in water, but likewise in the animal fluids, more particularly the juices of the stomach. The same quality is desirable even in the antidotes for the pure corrosives; for it often happens that in their soluble combinations these substances retain some irritating, though not any corrosive power. When we try by the foregoing criterions many of the antidotes which have been proposed for various poisons, they will be found defective; and precise experiments have in recent times actually proved them to be so.

The other kind of antidote operates not by altering the form of the poison, but by exciting in the system an action contrary to that established by the poison. On considering attentively, however, the phenomena of the action of individual poisons, it will be found exceedingly difficult to say what is the essence of a contrary action, and still more how that counter-action is to be brought about. Accordingly, few antidotes of the kind are known. Physiology or experience has not yet brought to light any mode of inducing an action counter to that caused by arsenic and most of the irritant class of poisons. It appears probable that the remote operation of lead may be sometimes corrected by mercury given to salivation, and that the violent salivation caused by mercury may be occasionally corrected by nauseating doses of antimony. But these are the only instances which occur to me at present of antidotes for irritant poisoning which operate by counter-action, unless we choose to designate by the name of antidote the conjunction of remedial means which constitute the antiphlogistic method of cure. In the class of narcotics we are acquainted with equally few constitutional antidotes, although the nature of the action of these poisons seems better to admit of them. Ammonia is to a certain extent an antidote for hydrocyanic acid, but by no means so powerful as some persons believe; and I am not sure that in this class of poisons we can with any propriety mention another antidote of the constitutional kind.

On the whole, then, it is chiefly among the changes induced by chemical affinities that the practitioner must look for counter-poisons; and the ingenuity of the toxicologists has thence supplied the materia medica with many of singular efficacy. When given in time, magnesia or chalk is an antidote for the mineral acids and oxalic acid, albumen for corrosive sublimate and verdigris, bark for tartar-emetic, common salt for lunar caustic, sulphate of soda or magnesia for sugar of lead and muriate of baryta, chloride of lime or soda for liver of sulphur, vinegar or oil for the fixed alkalis; and these substances act either by neutralizing the corrosive power of the poison, or by forming with it an insoluble compound.

In recent times a new object in the treatment of poisoning has been pointed out by the discoveries made in its physiology. As it has been proved that many of the most deadly poisons enter the blood, and in all probability act by circulating with that fluid, so it has been inferred that an important object in the treatment is to promote their discharge by the natural secretions. In support of this reasonable inference it has been lately rendered probable by Orfila, as will be seen under the head of the treatment of the effects of arsenic, that it is of great advantage in some forms of poisoning to increase the discharge of urine.

In the instance of external poisoning the main object of the treatment is to prevent the poison from entering the blood, or to remove it from the local vessels which it has entered.

One mode, which has been known to the profession from early times, and after being long in disuse was lately revived by Sir D. Barry, and applied with success to man, is the application of cupping-glasses to the part where the poison has been introduced.[60] This method may act in various ways. It certainly prevents the farther absorption of the poison by suspending for a time the absorbing power of the vessels of the part covered by the cup. It also sucks the blood out of the wound, and may consequently wash the poison away with it. Possibly it likewise compresses the nerves around, and prevents the impression made by the poison on their sentient extremities from being transmitted along their filaments.

Another mode is by the application of a ligature between the injured part and the trunk, so as to check the circulation. This is a very ancient practice in the case of poisoned wounds, and is known even to savages. But as usually practised it is only a temporary cure: As soon as the ligature is removed the effects of the poison begin. It may be employed, however, for many kinds of poisoning through wounds, so as to effect a radical cure. We have seen that most poisons of the organic kingdom are in no long time either thrown off by the system or decomposed in the blood. Hence if the quantity given has not been too large, recovery will take place. Now, by means of a ligature, which is removed for a short time at moderately distant intervals, a poison, which has been introduced into a wound beyond the reach of extraction, may be gradually admitted into the system in successive quantities, each too small to cause death or serious mischief, and be thus in the end entirely removed and destroyed. Such is a practical application which may be made of some ingenious experiments performed not long ago by M. Bouillaud with strychnia, the poisonous principle of nux-vomica.[61]

The last mode to be mentioned is by a combination of the ligature with venesection, deduced by M. Vernière from his experimental researches formerly noticed (p. 19). Suppose a fatal dose of extract of nux-vomica has been thrust into the paw of a dog; M. Vernière applies a tight ligature round the limb, next injects slowly as much warm water into the jugular vein as the animal can safely bear, and then slackens the ligature. The state of venous plethora thus induced completely suspends absorption. The ligature is next tied so as to compress the veins without compressing the arteries of the limb, and a vein is opened between the wound and the ligature in such a situation, that the blood which flows out must previously pass through, or at least near the poisoned wound. When a moderate quantity has been withdrawn, the ligature may be removed with safety; and the extraction of the poison may be farther proved by the blood that has been drawn being injected into the veins of another animal; for rapid death by tetanus will be the result.[62] It is not improbable that in this plan the preliminary production of venous plethora may be dispensed with; and then the treatment may be easily and safely applied to the human subject.

CHAPTER II.
ON THE EVIDENCE OF GENERAL POISONING.

This subject is purely medico-legal. It comprehends an account of the various kinds of evidence by which the medical jurist is enabled to pronounce whether poisoning in a general sense (that is, without reference to a particular poison), is impossible, improbable, possible, probable, or certain. It likewise comprises an appreciation of the circumstances which usually lead the unprofessional, as well as the professional, to infer correctly or erroneously a suspicion of such poisoning.

Under the present head might likewise be included the history of poisoning, the art of secret poisoning, and some other topics of the like kind. But the want of proper documents, and the unmeasured credulity which has prevailed on the subject of poisoning throughout all ages down to very recent times, has entangled these subjects in so intricate a maze of fable, that a notice of them, sufficiently detailed to interest the reader, would be quite misplaced in this work.

On the art of secret poisoning, however, as having been once an important object of medical jurisprudence, it might be expected that some comments should here be offered. But really I do not see any good reason for wading through the mass of credulous conjectures and questionable facts, which have been collected on the subject, and which have been copied into one modern work after another, for no other cause than that they are of classic origin, or feed our appetite for the mysterious. No one now seriously believes that Henry the Sixth was killed by a pair of poisoned gloves, or Pope Clement the Seventh by a poisoned torch carried before him in a procession, or Hercules by a poisoned robe, or that the operation of poisons can be so predetermined as to commence or prove fatal on a fixed day, and after the lapse of a definite and remote interval. With regard to the noted instances of secret poisoning, which occurred towards the close of the seventeenth century in Italy and France, it is plain to every modern toxicologist, from the only certain knowledge handed down to us of these events, that the actors in them owed their success rather to the ignorance of the age, than to their own dexterity. And as to the refined secrets believed to have been possessed by them, it is sufficient here to say, that although we are now acquainted with ten times as many and ten times as subtle poisons as were known in those days, yet none exist which are endowed with the hidden qualities once so universally dreaded.

The crime of poisoning, from its nature, must always be a secret one. But little apprehension need be entertained of the art of secret poisoning as understood by Toffana or Brinvilliers,[63] or as it might be improved by a modern imitator. It seems to have escaped the attention of those who have written on the subject, that the practice of such an art requires the knowledge not only of a dexterous toxicologist, but also of a skilful physician; for success must depend on the exact imitation of some natural disease. It is only among medical men, therefore, and among the higher orders of them, that a Saint-Croix can arise now-a days. How little is to be dreaded on that head is apparent from the domestic history of the European kingdoms for the last half century, compared with their history some centuries ago. Few medical men have even been suspected, and those few only upon visionary grounds, and under the impulse of violent political feeling.[64] In one late instance only, so far as I am aware, has it been proved that the physician’s art was actually prostituted to so fearful a purpose; and the detection of the crime in that case shows how difficult concealment will always be wherever justice is administered rigorously, and medico-legal investigations skilfully conducted.[65]

Two extraordinary incidents which happened lately in Germany may appear at first sight at variance with these views. I allude to the cases of Anna Margaretha Zwanziger and Margaretha Gottfried, which justly excited much interest where they occurred, and are notorious to continental toxicologists. Zwanziger, while serving as housekeeper in various families in the territory of Bayreuth in Bavaria during the years 1808 and 1809, contrived to administer poison,—sometimes under the instigation of mere revenge or spite, sometimes for the purpose of clearing the way for her schemes of marriage with her masters,—to no fewer than seventeen individuals in the course of nine months; and of these three died.[66] Gottfried, a woman in affluent circumstances and tolerable station in the town of Bremen, was even more successful. For she pursued her criminal career undiscovered for fifteen years; and when detected in 1828 had murdered actually fourteen persons, and administered poison unsuccessfully to several others. Her motive, as in the case of Zwanziger, was the mere gratification of a malevolent temper, or the removal of supposed obstacles to her matrimonial dreams. In neither of these instances, however, did the criminal possess any particular skill, or observe much measure in her proceedings. The cases of poisoning were of the common kind,—produced by arsenic,—proving in general quickly fatal,—and presenting the ordinary phenomena. I cannot help thinking, therefore, that the events now alluded to prove rather the ineffectiveness of the police where they happened, than the adroitness of the actors by whom they were brought about; and that they constitute no sound objection to the statement, that the art of secret poisoning is now unknown, and is not likely to be again revived.

It must be granted, indeed, that the late discoveries in chemistry and toxicology have made poisons known which might be employed in such a way as to render suspicion unlikely, and to baffle inquiry. But the methods now alluded to are hitherto very little known; they cannot easily be attempted on account of the rarity and difficult preparation of the poisons; they can never be practised except by a person conversant with the minute phenomena of natural disease; and it is no part of the object of this work to make them public.

The evidence, by which the medical jurist is enabled to pronounce on the existence or non-existence of poisoning in general, and to determine the subordinate questions that relate to it, is derived from five sources,—1, the symptoms during life; 2, the appearances in the dead body; 3, the chemical analysis; 4, experiments and observations on animals; and 5, certain moral circumstances, which are either inseparably interwoven with the medical proof, or cannot be accurately appreciated without medical knowledge.

Section I.Of the Evidence from Symptoms.

Not many years ago it was the custom to decide questions of poisoning from the symptoms only. Till the close of last century, indeed, no other evidence was accounted so infallible: and for the simple reason, that in reality the other branches of evidence were even more imperfectly understood. So lately as 1763, and even in Germany, the solemn opinions of whole colleges were sometimes grounded almost exclusively on the symptoms.[67] About that time, however, doubts began to be entertained of the infallibility of such evidence; these doubts have since assumed gradually a more substantial form; and it is now laid down by every esteemed author in Medical Jurisprudence, that the symptoms, however exquisitely developed, can never justify an opinion in favour of more than high probability.[68] In laying down this doctrine medical jurists appear to me to have injudiciously confounded together actual symptoms with their general characteristics. If the doctrine is to be held as applying to the evidence from symptoms, only so far as they are viewed in questions of general poisoning,—that is, as applying to the general characters merely of the symptoms,—it is deduced from accurate principles. But if it is likewise to be applied, as recent authors have done, to the actual symptoms produced by particular poisons, and in all cases whatever of their action, then it is a rule clearly liable to several important exceptions. These exceptions will be noticed under the heads of the mineral acids, oxalic acid, arsenic, corrosive sublimate, nux vomica, &c. At present it is only the general characters of the symptoms, and the points in which they differ from the general characters of the symptoms of natural disease, that I propose to consider.

The chief characteristics usually ascribed to the symptoms of poisoning considered generally, are, that they commence suddenly and prove rapidly fatal,—that they increase steadily,—that they are uniform in nature throughout their course,—that they begin soon after a meal,—and that they appear while the body is in a state of perfect health.

1. The first characteristic is the suddenness of their appearance and the rapidity of their progress towards a fatal termination. Some of them act instantaneously, and the effects of most of them are in general fully developed within an hour or little more. But this character is by no means uniform. The most violent may be made to act, so as to bring on their peculiar symptoms slowly, or even by imperceptible degrees. Thus arsenic, which usually causes violent symptoms from the very beginning, may be so administered as to occasion at first nothing more than slight nausea and general feebleness; and afterwards in slow succession its more customary effects. In like manner corrosive sublimate may be given in such a way as to cause at first mild salivation, and finally gangrene of the mouth. Even many vegetable poisons might be administered in the same way. The well-known consequences of digitalis in medicinal doses will serve as a familiar instance. A still better illustration is supplied by the medicinal effects of the alkaloid of nux-vomica, whose action in other circumstances is most rapid and violent: Strychnia in a moderate dose will cause death by violent tetanus in two or three minutes; but when given in frequent small doses as a remedy in palsy, it has been known to bring on first starting of the limbs, then stiffness of the jaw, afterwards pain and rigidity of the neck; and these effects might be increased so gradually, that the patient would seem to die under ordinary tetanus. Nevertheless, the foregoing considerations being kept always in mind, it still remains true, that the effects of poisons for the most part begin suddenly, when the dose is large. This is an important circumstance in regard to certain active poisons, such as the mineral acids, oxalic acid, arsenic, strychnia, &c. For when it is considered that in criminal cases they are given for the most part in unnecessarily large doses, it follows that if the effect ascribed to these poisons in such doses have not begun suddenly, the suspicion is probably incorrect.

The same remarks may be applied to the sudden termination of the symptoms. Poison is for the most part given criminally in doses so large that it proves rapidly fatal. Yet this is not always the case; the diseased state occasioned by poisons has often been prolonged, as will be seen hereafter, for several weeks, sometimes for several months; nay, a person may be carried off by a malady, the seeds of which have been sown by the operation of poison years before.

The present would be the proper place for noticing the important question regarding the interval of time, after which, if death supervenes, it cannot be laid to the charge of the person who administered the poison. It is unnecessary, however, to say much on the subject. According to the English law, death must take place within a year. As to the Scottish law, it may be inferred from what has been said by the late Baron Hume on the subject of homicide generally, that a charge of poisoning is relevant although the person should die at a period indefinitely remote, and that it will infer the pains of law, provided the operation of the poison can be distinctly traced, unmodified by extraneous circumstances, from the commencement of the symptoms to the fatal termination.[69] Of course the influence of these modifying circumstances in lessening the criminal’s responsibility will increase with the interval. The question for the medical jurist to determine in such a case would therefore be, the distance of time to which death may be delayed in the case of poisoning generally, and in that of the particular poison. This question cannot be answered even with an approach to precision, except in the instance of a few common poisons. Most vegetable and animal poisons prove fatal either in a few days or not at all; but some mineral poisons may cause death after an interval of many days. It appears probable that arsenic may cause death after an interval of several months, and it is well ascertained that the symptoms of poisoning with the mineral acids have continued uninterruptedly and without modification for eight months, and then terminated fatally.

2. The next general characteristic of the symptoms of poisoning is regularity in their increase. It is clear, however, that even this character cannot be universal. For in all cases of slow poisoning by repeated small doses there must be remissions and exacerbations, just as in natural diseases. Besides, as we can seldom watch the symptoms advancing in their simple form, but must endeavour to remove them by remedies, remissions may thus be produced and their tendency to increase steadily counteracted. Farther, some poisons admit of exacerbations and remissions, even when given in one large dose; and there are others, the very essence of whose action is to produce violent symptoms in frequent paroxysms. Of the latter kind are nux vomica, and the other substances that contain strychnia. Of the former kind is arsenic: in cases of poisoning with arsenic it often happens, that after the first five or six hours have been passed in great agony, the symptoms undergo a striking remission for as many hours, and then return with equal or increased violence. Still it is true that on the whole the symptoms of poisoning are steady in their progress; so that this should always be attended to as one of the general characters. In the case of slow poisoning, too, when the most remarkable deviations from it are observed, the very occurrence of exacerbations and remissions, combined with certain points of moral proof, may furnish the strongest evidence possible. Thus, on the trial of Miss Blandy at Oxford in 1752, for the murder of her father, one of the strongest circumstances in proof was, that repeatedly after she gave the deceased a bowl of gruel, suspected to be poisoned, his illness was much increased in violence.[70]

As connected with the present subject, a question might here be noticed that has been discussed on the occasion of various trials, namely, whether the symptoms of poisoning are susceptible of a complete intermission. It cannot be answered satisfactorily, however, except with reference to particular poisons. The property alluded to has been ascribed to several poisons, even to mercury, arsenic, and opium; but oftener, I believe, in consequence of an improper desire on the part of the witness to prove or to perfect their view of the case, than through legitimate induction from facts.

3. Another characteristic is uniformity in the nature of the symptoms throughout their whole progress. This character is the least invariable of them all; for many poisons cause very different symptoms towards the close from those which they cause at the beginning. Arsenic may induce at first inflammation of the alimentary canal, and afterwards palsy or epilepsy; nux-vomica may excite at first violent tetanus, and afterwards inflammation of the stomach and bowels; and corrosive sublimate, after exciting in the first instance inflammation, may prove eventually fatal by inducing excessive ptyalism. In truth, certain changes of this kind in the nature of the symptoms will, in special cases, afford strong presumption, perhaps absolute proof, not only of general poisoning, but even also of the particular poison given. The reason for mentioning so uncertain a character as uniformity in the nature of the symptoms among their characteristics will appear presently.—[pp. 47 & 50.]

4. The fourth characteristic is, that the symptoms begin soon after a meal, or rather, soon after food, drink, or medicine has been taken. The occasions on which we eat and drink are so numerous and so near one another, that unless the poison suspected is one which acts with rapidity, it may be difficult to attach any weight to this circumstance. Some poisons rarely produce their effects till a considerable time after they are swallowed; the poisonous mushrooms, for example, may remain in the alimentary canal for several hours or even an entire day and more, before their effects begin; poisonous cheese in like manner may not act for five or six hours,[71] or even a whole day;[72] and that kind of cholera, which is caused in some people by putrid, diseased, and new-killed meat, seldom begins, so far as I have observed, till twelve hours or more after the noxious meal. With regard to the commoner poisons, such as arsenic, corrosive sublimate, the mineral acids, oxalic acid, nux-vomica, and the like, it is a good general rule, that the symptoms, if violent from the beginning, must have begun soon after food, drink, or medicine has been taken.

In making inquiries respecting this point, however, care must be taken not to lose sight of certain circumstances which may cause a deviation from the general rule.

In the first place, it should be remembered that poisons may be administered in many other ways besides mixing them with articles of food or drink, or substituting them for medicines. They may be introduced into the anus; they have been introduced into the vagina; they have also been introduced by inhalation in the form of vapour; and there can be no difficulty in introducing some of them through wounds.

Secondly, another circumstance which may be kept in view is, that, if a person falls asleep very soon after swallowing a poison, especially one of the irritants, the commencement of the symptoms may be considerably retarded, provided it be not one of the powerful corrosives. This statement is not so fully supported by facts as to admit of its being laid down with confidence as a general rule. But from various incidents which have come under my notice it appears not improbable, that sleep does possess the power of putting off for a while the action of some poisons. In particular some instances have occurred to me where arsenic taken at night did not begin to act for several hours, the individual having in the meantime been asleep.[73] The occurrence of so long an interval between its administration and the first appearance of the symptoms is so contrary to what generally happens, that some cause or another must be in activity; and the insensibility of the system during sleep to most sources of excitement seems to supply a sufficient explanation. The slow operation of laxatives during sleep compared with their effects during one’s waking hours, is an analogical fact.

A third consideration to be attended to is, that poison may be secretly administered during sleep to a person who lies habitually with his mouth open. This is fully proved by an interesting case which will be noticed under the head of the moral evidence of poisoning. In that particular case the individual immediately awoke, because the poison was concentrated sulphuric acid; but it may admit of question whether a sound sleeper might not swallow less irritating poisons without being awakened. In such circumstances no connexion of course could be traced between the taking of a suspected article and the first appearance of the symptoms.

5. Lastly, the symptoms appear during a state of perfect health. This is an important character, yet not universal; for it cannot be expected to apply to cases of slow poisoning, and poisons may be given while the person is actually labouring under natural disease. Cases of the last description are generally very embarrassing; for if, instead of medicine, a poison be administered, whose symptoms resemble the natural disease, suspicion may not arise till it is too late to collect evidence.

It must be apparent from the preceding observations, that the characters common to the symptoms of general poisoning are by no means universally applicable. Yet on reviewing them attentively it will also appear, that, considering the little knowledge possessed by the vulgar of the action of poisons, and consequently the rude nature of their attempts to commit murder by poisoning, the exceptions to the general statements made above will not be numerous.

It now remains to be seen how far these characters distinguish the symptoms of poisoning from those of natural disease; and

1. As to the suddenness of their invasion and rapidity of their progress, it is almost needless to observe, that many natural diseases commence with a suddenness and prove fatal with a rapidity, which few or no poisons can surpass. The plague may prove instantaneously fatal; and even the continued fever of this country may be fully formed in an hour, and may terminate fatally, as I have once witnessed, at the beginning of the second day. Inflammation of the stomach also begins suddenly and terminates soon. Cholera likewise answers this description: I have known the characters of ordinary cholera fully developed within an hour after the first warning symptom, and frequently in hot climates, nay, in some rare instances even in Britain, it proves fatal in a few hours. Malignant cholera frequently proves fatal in a few hours. Inflammation of the intestines, too, may begin, or at least seem to begin, suddenly and end fatally in a day: One variety of it, now well known to affect the mucous membrane, may remain quite latent till the gut is perforated by ulceration, and then the patient is attacked with acute pain, vomiting, and mortal faintness, and frequently perishes within twenty-four hours.[74] But in particular many organic diseases of the heart prove suddenly fatal, without any previous warning; and this is also true to a certain extent even of apoplexy; for, as will afterwards be seen, it is an error to suppose that apoplexy is always, or even generally, preceded by warning symptoms. The first characteristic, therefore, as applied to the symptoms of poisoning generally, contrasted with those of general disease, must appear by no means distinctive. But opportunities will occur afterwards for showing, that it is sometimes a good diagnostic in the case of particular poisons.[75]

2. As to the uniformity or uninterrupted increase of the symptoms, it is equally the attribute of many common diseases. I am not aware, that in speedily fatal cases of the internal phlegmasiæ a considerable remission is often observed. Apoplexy, too, very frequently continues its course without interruption; and the same may be said of cholera, and indeed of most acute diseases, when they prove rapidly fatal.

3. It was stated above, that the third character, uniformity in kind throughout their progress, is by no means an invariable circumstance. Still less is it distinctive; for many diseases are marked by great uniformity of symptoms. It has been enumerated nevertheless among the general characters of poisoning, because, although its presence can hardly ever add any weight to the evidence in favour of death by poison, its absence may sometimes afford even positive proof in favour of natural death. That is, changes of a certain kind occurring in the symptoms during their progress may be incompatible with the known effects of a particular poison or of all poisons, and capable of being accounted for only on the supposition of natural disease having been at least the ultimate cause of death. This statement, which is one of some importance, is illustrated by a pointed case, that of Charles Munn, mentioned at the close of the present section.

4. In the next place, it was observed that some reliance may be placed on the fact, that the symptoms of poisoning appear very soon after a meal. But we also know this to be the most frequent occasion on which some natural disorders begin. An attack of apoplexy after a hearty meal is a common occurrence. That kind of cholera which follows the immoderate use of acid fruit likewise comes on soon after eating. Sometimes mere excessive distension of the stomach after a meal proves suddenly or instantaneously fatal. Drinking cold water when the body is over-heated likewise causes at times immediate death. It appears that perforation of the stomach, the result of an insidious ulcer of its coats, and likewise rupture of the stomach from mechanical causes, are most apt to occur during the digestion, and therefore soon after the taking of a meal.

These few observations will make it evident that the appearing of violent symptoms soon after eating may arise from other causes besides the administration of poison. At the same time, as the diseases which are apt to commence suddenly at that particular time are few in number, and none of them by any means frequent, it is always justly reckoned a very suspicious circumstance; and when combined with certain points of moral proof, such as that several people, who have eaten together, were seized about the same time with the same kind of symptoms, the evidence of general poisoning becomes very strong indeed. Sometimes the evidence from the date of their commencement after a meal may singly supply strong evidence, as in the case of the mineral acids and alkalis, or corrosive sublimate, which begin to act in a few seconds or minutes.

On the other hand, if the symptoms do not begin soon after food, drink, or medicine has been taken (the circumstances being such as to exclude the possibility of poison being introduced by a wound, by the lungs, or by any other channel but the stomach), the presumption on the whole is against poisoning; and sometimes the evidence to this effect may be decisive. The principle now propounded may be often a very important one in the practice of medical jurisprudence; for when united with a little knowledge of the symptoms antecedent to death, it may be sufficient to decide the nature of the case. Thus it is sufficient, in my opinion, to decide the celebrated case of the Crown Prince of Sweden. The prince, while in the act of reviewing a body of troops on the 28th May, 1810, was observed suddenly to waver on his horse; and soon afterwards he fell off while at the gallop, was immediately found insensible by his staff, and expired in half an hour. As he was much beloved by the whole nation, a rumour arose that he had been poisoned; and the report took such firm root in the minds of all ranks, that a party of military, while escorting the body to Stockholm, were attacked near the city by the populace, and their commander, Marshal Fersen, murdered; and Dr. Rossi, the prince’s physician, after narrowly escaping the same fate, was in the end obliged to quit his native country. Now, no other poison but one of the most active narcotics could have caused such symptoms, and none of them could have proved so quickly fatal unless given in a large dose. It was proved, however, that on the day of his death the prince had not taken any thing after he breakfasted; and an interval of nearly four hours elapsed after that till he fell from his horse. This fact alone, independently of the marks of apoplexy found in the head after death, and the warning symptoms he repeatedly had, was quite enough to show that he could not have died of poison, as it was incompatible with the known action of the only poisons which could cause the symptoms. This is very properly one of the arguments used by the Medical Faculty of Stockholm, which was consulted on the occasion.[76]

The same circumstances will often enable us to decide at once a set of cases of frequent occurrence, particularly in towns,—where the sudden death of a person in a family, the members of which are on bad terms with one another, is rashly and ignorantly imputed to poison, without any particular poison being pointed at; and where, consequently, unless the morbid appearances clearly indicate the cause of death, a very troublesome analysis might be necessary. In several cases of this kind, which have been submitted to me, I have been induced to dispense with an analysis by resting on the criterion now under consideration. The following is a good example.

A middle-aged man, who had long enjoyed excellent health, one afternoon about two o’clock returned home tired, and after having been severely beaten by his wife went to bed. At a quarter past two one of his workmen found him gasping, rolling his eyes, and quite insensible; and he died in a few minutes. As his wife had often maltreated and threatened him, a suspicion arose that he had died of poison, and the body was in consequence examined judiciously by Sir W. Newbigging and myself. The only appearance of disease we could detect was a considerable tuberculation of the septum cordis and anterior parietes of both ventricles. This disease might have been the cause of death; for there is no disease of the heart which may not remain long latent, and prove fatal suddenly. But, as the man never had a symptom referrible to disease of the heart, it was impossible to infer, in face of a suspicion of poisoning, that it must have been the cause of death; since the man might very well have died of poison, the disease of the heart continuing latent. Poisoning, however, was out of the question. The man had taken nothing whatever after breakfasting about nine. Now no poison but one of the most active narcotics in a large dose could cause death so rapidly as in this case; and the operation of such a poison in such a dose could not be suspended so long as from nine till two. An analysis was therefore unnecessary.

5. Little need be said with regard to the symptoms beginning, while the body is in a state of perfect health; because in truth almost all acute diseases begin under the same circumstances. Connected with this subject, however, a point of difference should be noticed which may be of use for distinguishing poisoning by the irritants from acute diseases of the inflammatory kind:—the latter rarely begin without some adequate and obvious natural cause.

On considering all that has now been said regarding the characteristics of the symptoms of general poisoning, as contrasted with those of natural disease, no one can hesitate to allow, that from them alone a medical jurist can never be entitled to pronounce that poisoning is certain. At the same time he must not on that account neglect them. For, in the first place, they are of great value as generally giving him the first hints of the cause of mischief, and so leading him to search in time for better evidence. Next, they will often enable him to say that poisoning was possible, probable, or highly probable; which, when the moral evidence is very strong, may be quite enough to decide the case. Thirdly, although they can never entitle him to say that poisoning was certain, they will sometimes enable him to say, on the contrary, that it was impossible. And to conclude, when the chemical or moral evidence proves that poison was given, the characters of the symptoms may be necessary to determine whether it was the cause of death.

As the last statement is one of consequence, and yet has been overlooked by some authors on medical jurisprudence in this country, it may be illustrated by one or two comments. It does not follow, because a poison has been given, that it is the cause of death; and therefore in every medico-legal inquiry the cause of the first symptoms and the cause of death should be made two distinct questions. The question, whether a poison, proved to have been administered, was the cause of death, is to be answered by attending to the second and third characteristics mentioned above, and considering whether the symptoms went on progressively increasing, or altered their nature during the course of the patient’s illness, and whether the alteration, if any, was such as may occur in the case of poisoning generally, or of the special poison given. These remarks are very well exemplified by a case, of which I have related the particulars elsewhere,[77] that, namely, of Charles Munn, tried at the Inverary Spring Circuit of 1824 for the double crime of procuring abortion, and of murder by poisoning. The moral evidence and symptoms together left no doubt that arsenic had been given, and that the deceased, a girl with whom the prisoner cohabited, laboured under the effects of that poison in a very aggravated and complex form for twelve days. After that she began to recover rapidly, and in the course of a fortnight more was free of every symptom except weakness and pains in the hands and feet: In short, all things considered, she was thought to be out of danger. But she then became affected with headache and sleeplessness, and died in nineteen days more under symptoms of obscure general fever, without any local inflammation. Dr. Duncan, junior, and I, who were consulted by the Crown in this case, were of opinion,—that granting the girl’s first illness, as appeared from moral and medical evidence, was owing to arsenic, her death could not be ascribed to it with any certainty. It is true that in a few instances the primary irritant symptoms caused by arsenic have been known to pass into an obscure general fever, which has ended fatally; and that this mode of termination coincides with the effects ascribed to arsenic as the chief ingredient in the celebrated Aqua Toffana. But the latter phenomena, at best of doubtful authenticity, are not represented to have been preceded by the ordinary symptoms of violent irritation, or to have been developed except under the use of continuous small doses; and as for the more recent and less ambiguous cases of fever succeeding the usual primary effects of a large dose, in no instance yet recorded was there an intermission between the two stages.

So much, then, for the force of the evidence drawn from the characters of the symptoms of general poisoning. According to the example of others, I might consider in the present place the force of evidence derived from the symptoms themselves, which distinguish the three classes of poisons. But this subject, together with the special natural diseases which imitate the symptoms of poisoning, will be treated of more conveniently as an introduction to each of the classes.

Section II.Of the Evidence from Morbid Appearances.

The appearances left in the dead body after death by poison used formerly to be relied on as strongly as the symptoms during life; and with even less reason. Except in the instance of a very few poisons, the morbid appearances alone can never distinguish death by poison from the effects of natural disease, or from some other kinds of violent death. There is not much room, therefore, for general remarks under the present head.

It was at one time thought by the profession, and is still very generally imagined by the vulgar, that unusual blackness or lividity of the skin, indicates death by poison generally. But every experienced physician is now well aware, that excessive lividity is by no means universally produced by poison, and that it is likewise produced by so many natural diseases as not even to form, in any circumstances whatever, the slightest ground of suspicion. Neither is there any difference in kind, as some imagine, between the lividity which succeeds death by poison, and that which follows natural death. Yet it is right for the medical jurist to be aware that lividity as a supposed consequence of poison ought to be strictly attended to by medical inspectors and law officers while investigating charges of poisoning, because the vulgar belief on the subject sometimes leads to such conduct or language on the part of the poisoner as betrays his secret at the time, and constitutes evidence of his guilt afterwards.

Another appearance equally unimportant is early putrefaction of the body. Early putrefaction, at one time much insisted on as a criterion of poisoning,[78] cannot even justify suspicion. It is by no means invariably, or even generally caused by poisons; nay, sometimes a state precisely the reverse appears to be induced;[79] and it is seen quite as frequently after natural death.

Some other appearances, not more conclusive, might also be mentioned here; but they belong properly to the effects of individual poisons, or of classes of poisons, not to those of poisoning generally. It may merely be remarked at present, therefore, that the appearances after death, which are really morbid, and which may be produced by poisons, are, in one great class, the signs of inflammation of the alimentary canal in its progressive stages,—in another class, the signs of congestion within the head,—and in a third, a combination of the effects of the two preceding classes; that neither set of appearances is invariably caused by the poisons which usually cause them; that congestion within the head is really seldom produced by those which are currently imagined to produce it; and that most of the appearances of both kinds are exactly similar to those left by many natural diseases.

But although, on the whole, the appearances after death, when considered singly, can seldom supply evidence of poisoning even to the amount of probability, they may nevertheless prove very important under other points of view. Thus, in connection with the symptoms and the general evidence, the appearances after death may furnish decisive proof; and even should the history of the symptoms be unknown, or have been unskilfully collected, the appearances after death, by pointing out the nature of the previous illness, may furnish evidence enough to decide the case, when the moral proof is strong. Again, in cases of alleged imputation of poisoning they are necessary to determine whether a poison actually found in the body was introduced during life or after death. Besides, the very absence of morbid appearances may afford presumptive proof in some circumstances,—when, for example, the question is, whether a person has died of apoplexy or of poisoning with narcotics? Farther, a few poisons, as was formerly stated, occasionally produce appearances so characteristic, as not to be capable of being confounded with the effects of any other agent whatsoever: It will be found hereafter, for example, that the mineral acids have at times left behind them in the dead body unequivocal evidence of their operation. And finally, in cases where no doubt can be entertained that poison was taken, the evidence from morbid appearances may be useful or necessary for settling whether or not it was the cause of death. Two pointed examples of this kind will be noticed under the next section.

When signs of the action of poison are not found in the dead body, and on the contrary marks are found of the operation of natural disease, the presumption of course is that the person died a natural death. But here a few words of caution must be added with regard to the drawing of that inference in cases where the history of the symptoms is not known. It does not follow merely because certain appearances of natural disease are found, that their cause was the cause of death. For death may have arisen from a totally different cause, such as poisoning. This remark is not, as some may imagine, the offspring of hypothetical refinement, but a necessary caution, drawn from actual and not unfrequent occurrences. Thus, for example, the following cases will show, that there may be found in the dead body diseased appearances, arising from pleurisy, hydrothorax, or peripneumony, sufficient to cause death, or to account for death in ordinary circumstances; and that nevertheless the disease may have been completely latent, and death have arisen from poison. In Rust’s Magazin is related the case of a German apothecary, who poisoned himself with prussic acid, and in whose body the lower lobe of the left lung was found consolidated and partly cartilaginous.[80] In Corvisart’s Journal an army-surgeon has described the case of a soldier, who died of a few hours’ illness, and whose right lung was found after death forming one entire abscess; yet to the very last day of his existence he daily underwent all the fatigues of a military life; and in fact he died of poisoning with hemlock.[81] In Pyl’s Memoirs and Observations, there is a similar account of a woman who enjoyed tolerable health, and died during a fit of excessive drinking, and in whose body the whole left lung was found one mass of suppuration.[82] Under the next section will be mentioned other equally pointed cases of death by poison, where the apparent cause of death was external violence.

The conclusions to be drawn from these facts are that, at all events, the medical inspector in a question of poisoning, must take care not to be hurried away by the first striking appearances of natural disease which he may observe, and so be induced to conduct the rest of the inspection superficially; and likewise, that he should not so frame his opinion on the case, as to exclude the possibility of a different cause from the apparent one, unless the appearances are such as must necessarily have been the cause of death. It may be said, that in requiring this condition for an unqualified opinion, a rigour of demonstration is exacted, which can rarely be attained in practice. But, on the one hand, it must not be forgotten, that an unqualified opinion is not always necessary; and on the other hand, although it were, I think it might be shown, if the subject did not lead to disproportionate details, that we may often approach very near the rigour of demonstration required. At present no more need be said, than that the inspector should be particularly on his guard in those cases, in which the appearances, though belonging to the effects of a deadly disease, are trifling; and still more in those in which the appearances, though great, belong to the effects of a disease, whose whole course may be latent. And I may add, that, from what I have observed of medico-legal opinions, the caution now given is strongly called for.

It may be right to allude here also to another purpose which may be served by a careful consideration of the morbid appearances. In cases in which the history of the symptoms is unknown or imperfect the extent and state of progress of the appearances will sometimes supply strong presumptive evidence of the duration of the poisoning. This is an obvious and important application of the knowledge of the pathology of poisoning; but the simple mention of it is all which can be here attempted, as special rules can hardly be laid down on the subject.

Section III.Evidence from Chemical Analysis.

The chemical evidence in charges of poisoning is generally, and with justice, considered the most decisive of all the branches of proof. It is accounted most valid, when it detects the poison in the general textures of the body, or in the blood, or in the stomach, intestines or gullet, then in the matter vomited, next in articles of food, drink or medicine of which the sufferer has partaken, and lastly, in any articles found in the prisoner’s possession, and for which he cannot account satisfactorily.

When poison is detected in any of these quarters, more especially in the stomach or intestines, it is seldom that any farther proof is needed to establish the fact of poisoning. In two circumstances, however, some corroboration is necessary.

In the first place, in cases where a defence is attempted by a charge of imputation of poisoning it may be necessary to determine by an accurate account of the symptoms, or by the morbid appearances, or by both together, whether the poison was introduced into the body before or after death. For it is said, that attempts have been made to impute crime by introducing poison into the stomach or anus of a dead body; and although I have not been able to find any authentic instance of so horrible an act of ingenuity having been perpetrated, it must nevertheless be allowed to be quite possible.

Secondly, an account of the symptoms and morbid appearances is still more necessary, when the question at issue is, not so much whether poison has been given, as whether it was the cause of death, granting it had been taken. Some remarks have been already made on this question in the two former sections. In the present place some farther illustrations will be added from two very striking cases. They are interesting in many respects, and particularly as showing the importance of strict medico-legal investigation: I am almost certain that but a few years ago their real nature would not have been discovered in this country. The first to be noticed occurred to Dr. Wildberg of Rostock. Wildberg was required to examine the body of a girl, who died while her father was in the act of chastising her severely for stealing, and who was believed by all the bye-standers, and by the father himself, to have died of the beating. Accordingly, Wildberg found the marks of many stripes on the arms, shoulders and back, and under some of the marks blood was extravasated in considerable quantity. But these injuries, though severe, did not appear to him adequate to account for death. He therefore proceeded to examine the cavities; and on opening the stomach, he found it very much inflamed, and lined with a white powder which proved on analysis to be arsenic. It turned out, that on the theft being detected the girl had taken arsenic for fear of her father’s anger, that she vomited during the flogging, and died in slight convulsions. Consequently, Wildberg very properly imputed death to the arsenic. In this case the chemical evidence proved that poison had been taken; but an account of the symptoms and appearances was necessary to prove that she died of it.[83] The other case occurred to Pyl in 1783. A woman at Berlin, who lived on bad terms with her husband, went to bed in perfect health; but soon afterwards her mother found her breathing very hard, and on inquiring into the cause discovered a wound in the left side of the breast. A surgeon being immediately sent for, the hemorrhage which had never been great, was checked without difficulty; but she died nevertheless towards morning. On opening the chest it appeared that the wound pierced into it, and penetrated the pericardium, but did not wound the heart; and although the fifth intercostal artery had been divided, hardly any blood was effused into the cavity of the chest. Coupling these circumstances with the trifling hemorrhage during life, and the fact that she had much vomiting, and some convulsions immediately before death, Pyl satisfied himself that she had not died of the wound: and accordingly the signs of corrosion in the mouth and throat, and of irritation in the stomach, with the subsequent discovery of the remains of some nitric acid in a glass in her room, proved that she had died of poison.[84]