The fact, that several persons, who partook of the same dish or other article, have been seized about the same time with the same symptoms, will furnish very strong evidence of general poisoning. A few diseases, such as those which arise from infection or from atmospheric miasmata, may affect several persons of a family about the same time; and hysteria, and epilepsy, have been communicated to several people in rapid succession.[130] But I am not aware, that, among the diseases which resemble well marked cases of poisoning either with irritants or with narcotics, any one ever originates in such a way as to render it possible for several persons in a family to be attacked simultaneously, except through the merest and therefore most improbable accident. Cholera perhaps is an exception. But when cholera attacks at one time several people living together, it arises from bad food, and is properly a variety of poisoning. In such cases, too, the fallacy may in general be easily got the better of, by finding that the store or stock, from which the various articles composing the injurious meal have been taken was of wholesome quality.
Hence it may be laid down as a general rule, that, perhaps if two, but certainly if three or more persons, after taking a suspected article of food or drink, are each affected with symptoms, furnishing of themselves presumptive evidence of poisoning, and have been seized nearly about the same time, and within the interval after eating within which poisons usually begin to act,—the proof of poisoning is decisive. Several late cases might, in my opinion, have been decided by this rule. Thus it might have decided the important case of George Thom tried at Aberdeen in 1821 for poisoning the Mitchells, and likewise that of Eliza Fenning, about whose condemnation some clamour was made in London in 1815. In both instances, as will be mentioned under the head of arsenic, the symptoms were developed so characteristically, that from them alone poisoning with arsenic might have been inferred almost to a certainty. But even if the symptoms had been somewhat less characteristic, all doubt of general poisoning was set aside by the fact, that four persons in the former case, and five in the latter, were similarly and simultaneously affected, and all of them at an interval after eating, which corresponded with the interval within which arsenic usually begins to act.
Sometimes it happens, that while one or more of a party at a certain meal suffer, others escape. Such an occurrence must not be hastily assumed as inconsistent with poison having been administered at that meal. For the guilty person may have slipped the poison into the portion taken by the individual or individuals affected.
If it be proved that all who ate of a particular dish have suffered, and all who did not have escaped, the kind of moral evidence now under review becomes strongest of all. It is well for the medical jurist to remember also, that such evidence is very useful in directing him where chiefly he should look for poison.
At other times it happens that the several people affected, suffer in proportion to the quantity taken by each of a particular dish. Too much importance ought not to be attached to the absence of that relation; for it has been already mentioned that habit, idiosyncrasy, and the state of fulness of the stomach at the time, will modify materially the action of poisons. But when present, it will often form strong evidence.—A good illustration of what is now said may be found in the case of Thomas Lenargan, tried in Ireland for the murder of his master, Mr. O’Flaherty. He had for some time carried on an amour with O’Flaherty’s wife; and afterwards, to get rid of the troublesome surveillance of the husband, contrived to despatch him by poison. The crime was not suspected for two years. Among the facts brought out on the trial the most pointed were, that O’Flaherty’s daughter and two servants were affected at the same time with the very same symptoms as himself; that they had partaken of the same dish with him; that the severity of their several complaints was in proportion to the quantity each had taken; and that others of the family, who did not eat it, were not affected.[131]
Another remarkable instance of this kind has been recorded by Morgagni. A clergyman, while travelling in company with another gentleman and two ladies, was setting out one afternoon to resume his journey after dining at an inn, when he was suddenly taken ill with violent pain in the stomach and bowels, and soon after with vomiting and purging. One of the ladies was similarly affected, but in a less degree; and likewise the other gentleman, though in a degree still less: but the other lady did not suffer at all. Morgagni found, that this lady was the only one of the party who had not tasted a dish of soup at the commencement of dinner. But he was puzzled on finding that the gentleman who suffered least had taken the largest share of the soup, while the clergyman had taken less than either of the two that were seized along with him. He then remembered, however, that in the district where the accident happened, it was the custom to use scraped cheese with the soup in question; and on inquiry he was informed that they had each added to the soup a quantity of cheese proportioned to the severity of their illness. Here, therefore, Morgagni was led to suspect the presence of poison; and accordingly, after the whole party had fortunately recovered, the innkeeper acknowledged, that in the hurry of preparation, he had served up to his guests cheese seasoned with arsenic to poison rats.[132] This interesting anecdote shows, that the truth in such cases is not always to be discovered without minute inquiry and considerable adroitness. In the case of poisoning with arsenic in wine formerly alluded to,—where all the individuals at table, to the amount of six, were severely affected during dinner,—the soup was the article suspected, because all had partaken of it; and, accordingly, the soup and vomited matter were sent to me for analysis. On detecting a trace of arsenic in the vomited matter, but none in the soup, I suggested that some other article might have been used in common by the party, and mentioned the wine as a probable article of the kind. It turned out that all had drunk a single glass of champagne from a particular bottle; and in the wine remaining in this bottle arsenic was found in the proportion of half a grain per ounce.[133]
Cases of this nature are so instructive that no apology need be made for mentioning one example more which lately came under my own notice. In the case of Mary Anne Alcorn, convicted here in the summer of 1827, of having administered poison to her master and mistress (a case already referred to for another purpose, p. 75), it was proved that a white powder was introduced in a suspicious manner into the gravy of baked beef, which gravy was subsequently poured over the beef. Now the master of the family dined heartily on beef, potatoes and rice-pudding, and mixed the greater part of the beef gravy with his pudding; the mistress ate moderately of the first slices of the beef, took very little gravy, even to the beef, and none at all to the pudding; a little girl, their niece, dined on pudding alone, without gravy; and the prisoner dined after the family on the beef and potatoes. Accordingly the master suffered so severely as for two or three days to be in danger of his life, the mistress was also severely, but by no means so violently affected, the little girl did not suffer at all, and the servant had merely slight pain and sickness at stomach. The evidence thus procured was exceedingly strong, more particularly when coupled with the fact, that the beef used was half of a piece, the other half of which had been used by the family two days before, without any ill consequences.
6. The next article of the moral evidence relates to suspicious conduct on the part of the prisoner during the illness of the person poisoned. Under this head it is necessary merely to state what I conceive to be, with reference to the present branch of the proof, the duty of the medical practitioner who happens to attend a case of poisoning.
In such a conjuncture he is undoubtedly placed in a situation of some delicacy. But on considering the matter attentively, good reasons will appear why he should adopt the course, which, I believe, our courts of justice will expect of him, and keep some watch over the actions of any individual who is suspected of having committed the crime. On the one hand, no one else is by education and opportunities so capable of remarking the motions of the different members of the family dispassionately, without officiousness, and without being observed. And on the other hand, it is undoubtedly a part of his private duty as practitioner, to protect his patient against any farther criminal attempts, as well as part of his public duty to prevent the vomited matter and other subjects of analysis from being secretly put away or destroyed. No one can be so occupied without many accessary particulars coming under his notice. And certain it is, that on several trials the practitioner has contributed, with great credit to himself, a considerable part of the pure moral proof. For an example of discreet and able conduct under these trying circumstances, the reader will do well to refer to that of Dr. Addington, the chief crown witness, both as to medical and moral facts, in the case of Miss Blandy.[134] It is almost unnecessary to add, that in acting as now recommended, the physician must conduct himself with circumspection, in order to avoid giving unnecessary offence, or alarming the guilty person.
7, and 9. On the seventh article, which respects the conduct of the prisoner after the death of the deceased, and on the ninth, which relates to the existence of a motive or inducement to the crime, nothing need be said here. But on the
8th article of the moral evidence,—comprehending the death-bed declaration of the deceased, his state of mind, his personal circumstances and other points which prove the possibility or impossibility of voluntary poisoning—a few remarks are required, because an important and little understood part of the practitioner’s duty is connected with this branch of the proof.
The question as to the possibility of the poisoning being voluntary is one upon which the medical attendant will be expected to throw some light, and into which he will also naturally inquire for his own satisfaction. In doing so his attention will be turned to circumstances purely moral, which may not only decide that question, but may also criminate a particular individual. His inquiries must therefore be conducted with discretion, and for obvious reasons should be confined as much as possible to the patient himself. They are to be conducted not so much by putting questions, as by leading him to disburden his mind of his own accord; and it is well to be aware, that there is no one of whom a patient is so ready to make a confident on such an occasion as his medical attendant.
If disclosures of consequence are made, and the attendant should feel it his duty to look forward to the future judicial proceedings and to the probability of his appearing as a witness, he ought to remember the general rule is, that his account of what the patient told him is not evidence in the eye of the law, unless it was told under the consciousness of the approach of death. Of late, however, the rigour of this principle in law has been occasionally departed from in Scottish practice; and in regard to medical facts ascertained in the way here mentioned, many strong reasons might be assigned for such relaxation. Evidence of the kind is technically called the death-bed declaration of the deceased, and is justly accounted very important.
Here it is right to take notice of a part of the death-bed evidence, although it does not properly belong to the question of suicide, because it should always be collected if possible by the medical attendant, and with much greater care than is generally bestowed on it even by him—I mean the history of the symptoms previously to his being called in. On this part of the history, including particularly the time and manner in which the illness began, medical conclusions of extreme consequence are often subsequently founded: On a single fact or two may depend the fate of the prisoner. It is not enough, therefore, in my opinion, that such evidence formed a part of the death-bed declaration. If a fact derived at second hand from the deceased, and stated too by him from memory, is a material element of any of the medical opinions on the trial, it is of much importance that the information be procured by a medical man; and that the person who procured it, whether professional or not, was aware at the time of the probability of its becoming important. Such evidence, although not collected with these precautions, is admissible; but I have so often had occasion to witness the carelessness with which the previous history of cases is inquired into both in medical and medico-legal practice, that I do not see how it is possible to put trust in evidence of the kind, unless it bear marks of having been collected with care, and under an impression of its probable consequence. These statements are well illustrated by the following example:—On the trial of Mrs. Smith for poisoning her maid-servant with arsenic, it was proved that some drug was administered by the prisoner in a suspicious manner on a Tuesday evening. Now it appeared at the trial improbable that this drug contained a fatal dose of arsenic, because to her fellow-servants, of whom one slept with her, and others frequently visited her, the deceased did not appear to be ill at all for eight hours after, or seriously ill for nearly a day. On the contrary, however, a surgeon, who was called to see her on the following Saturday, a few hours before her death, deposed that, according to information communicated by herself, she had been ill with sickness, vomiting, purging, and pain in the stomach and bowels since the Tuesday evening. This evidence, if it could have been relied on, would have altered materially the features of the case, as it would have gone far to supply what all the medical witnesses considered defective, namely, proof of the administration. But at the time the surgeon made his inquiries, he did not even suspect that the girl laboured under the effects of poison. Neither he therefore nor his patient could have been impressed with that conviction of the importance of the information communicated, which was necessary to insure its accuracy, particularly as it related to a matter usually of so little consequence in ordinary medical practice as the precise date of the commencement of an illness; and it would consequently have been rash to adopt it in face of more direct and contrary evidence. Any one who examines the details of this trial as I have reported them, will at once see how much the case turned on the point now alluded to.[135]
The present seems the most convenient place for noticing the general mode of procedure by which the medical jurist may detect cases of imaginary, feigned, and imputed poisoning. It is by no means easy to lay down rules for the investigation of cases suspected to be of such a kind. But an attempt will be made to state the leading points to be attended to, and to illustrate them by the circumstances of a few examples of each variety.
Imaginary poisoning should rarely be the occasion of deception or embarrassment. The same wandering of the imagination which has led to a belief of injury from poison, will commonly also lead to such extravagant notions relative to the mode of administration and the symptoms, as will infallibly point out the true nature of the case to one who is well acquainted with the real effects of poisons. It is easy, nevertheless, to conceive cases which may be embarrassing; and certainly, in every instance, the physician should proceed in his inquiries with caution.
It appears to me that in the first place, without seeming to take up at once the conviction of his patient, he should scrupulously abstain from treating it lightly, and should on the whole act rather as if he suspected poison had been given. Allowing his patient therefore apparently credit for the truth of his suspicions, the medical attendant should request him to give a full history of existing symptoms, of their origin and progress, of their relation in point of time to various meals, and of the mode and vehicle in which the supposed poison was administered. No unprofessional person can possibly go through such a narrative, without stating many circumstances which are wholly irreconcilable with the idea of poisoning generally, and still more of the administration of a particular poison.
I have met with two instances of imaginary poisoning, the nature of which was thus at once made obvious by a host of impossibilities in the narrative of the patient. One of these may be here given as an example. An elderly lady, who had certain expectancies of the death of a relation, conceived that the family of her relative had resolved to defraud her of her supposed rights. She afterwards imagined that an attempt was made to poison her, and camphor was the poison she fixed on as the article which had been administered. In its general or moral particulars the narrative was all plausible and suspicious enough; but unluckily for its consistency, she stated that the poison could only have been given in wine,—that she did not remark any particular taste in the wine,—that her illness did not begin till the day after she took it; and although she alleged, without any leading question on my part, that camphorous perspiration was exhaled on the subsequent day, the whole train of symptoms differed entirely in every other respect from a case of poisoning, and resembled closely in their origin and progress a case of slight general fever. The incompatibility of her story with the idea of poisoning with camphor will be readily understood by referring to what is afterwards said of the effects of that substance.
Feigned or pretended poisoning is more apt to escape suspicion, and when suspected is commonly more difficult to develope satisfactorily; for the actor has it in his power to lay his plans with care, and even to become acquainted with the properties of the poisons whose effects he intends to feign. Still he can rarely enact his part so well as to deceive a skilful physician both by existing symptoms and by his history of their origin and progress; much less can he contrive his scheme so adroitly that it shall not be unfolded by the refinements of chemical analysis.
The investigation of such a case will be directed of course in the first instance to the state and progress of the symptoms. Here, as in imaginary poisoning, it is of moment to conceal from the individual the suspicion entertained of his falsehood. For even if a person who has actually taken poison knows he is unjustly suspected of feigning, it is not improbable that he might try to mend his story with impossibilities, and so lead the physician into error. In a case of feigned poisoning an excellent mode of investigation is, after hearing out the individual’s own story, to put a number of questions involving an alternative answer, one alternative being compatible and the other incompatible with the alleged nature of his illness. No unprofessional person can stand such a system of interrogation, if skilfully pursued. Not only will his answers be often wrong; but likewise his manifest perplexity how to answer will of itself supply evidence of falsehood.
In the next place, great attention must be paid to the chemical analysis. A person who feigns poisoning will commonly produce the poisoned remains of a dish, or some other article, which he represents himself to have swallowed. Sometimes the substance contained in it will prove on analysis not to be poison at all, as in an instance I remember reading some years ago in a London newspaper of pretended poisoning with arsenic, where the dregs of a bowl of gruel contained, not arsenic, but finely pounded glass. Sometimes the quantity of a real poison contained in the remains of a dish may indicate, in what is said to have been swallowed, a portion wholly incompatible with the mildness or severity of the symptoms. Sometimes the vomited matter, even the matter first vomited, may not contain any of the alleged poison. Sometimes poison found in matter alleged to have been vomited may yield compounds during analysis which are not animalized, showing that it never was in the stomach. Sometimes the quantity of poison contained in such matter may be greater than that alleged to have been taken. Sometimes the quantity contained in the first matter vomited may be less than that contained in what is vomited or said to be vomited subsequently. By these and many other such inconsistencies the falsehood of the story may be unequivocally unfolded.
The following example will illustrate some of the rules now laid down. A young married female, in the seventh month of pregnancy, having been discovered by her friends to be secretly addicted to dram-drinking, appeared to be much annoyed in consequence of the discovery; and one evening was found apparently very ill by her husband on his return from work. She represented that she had taken arsenic with a view to self-destruction, that she was in great torture, and that she was sure she must soon die. It was accordingly found, on reference to a neighbouring apothecary, that she had the same forenoon purchased about a drachm and a half of arsenic for the pretended purpose of poisoning rats; and in the bottom of a teacup, in which she said she mixed it, there was left a small quantity of white powder, that proved on analysis to be pure oxide of arsenic. Notwithstanding these strong facts, the mildness of the symptoms and the composure with which she complained of her tortures led her friends to suspect she was feigning. On investigating her case I first ascertained, in farther corroboration of her story, that the powder was nowhere to be found. But she then stated in reply to questions involving an alternative answer, that the arsenic had a sour taste, and that the pain began in the lower part of the belly, and spread upwards. She likewise said that she vomited a mouthful or two into a chamber-pot twenty minutes after taking the poison; that she vomited no more till the apothecary was sent for, who gave her emetics of sulphate of zinc, carefully preserving the discharges; and that she only vomited when emetics were given. When I first saw her, five hours after the alleged date of the taking of the arsenic, the skin was warm and moist, the face full and flushed, the pulse frequent and firm, the muscular strength natural. The chamber-pot contained only a small quantity of the fæces of a child and apparently a little water, but no vomited matters, and no white powder. The fluid discharged in presence of the apothecary was found on careful analysis to contain a large quantity of zinc, but not an atom of arsenic. She gradually recovered from the illness under which she laboured at the time I saw her, and in two days she admitted she was quite well, but continued to insist that she had taken the poison.—M. Tartra has related a singular case of the same kind, where a young woman feigned poisoning with nitric acid, and was not detected for several days.[136]
Imputed poisoning differs in general from feigned poisoning only in so far as the symptoms which are feigned are imputed to the agency of another.
The imputation of the crime of poisoning by feigning or actually producing the symptoms, and contriving that poison shall be detected in the quarters where in actual cases it is usually sought for, has been not unfrequently attempted. Two important continental cases have already been referred to for other purposes [pp. 66, 76]; and I may here relate the heads of two English cases, which are of great interest, and will serve to illustrate the mode of procedure in such circumstances.
The first of these, which I have related elsewhere in detail,[137] is a striking example of the power of science in eliciting the truth, and redounds highly to the credit of Mr. Thackrah, the medical gentleman who conducted the investigation.
Samuel Whalley was indicted at York Spring Assizes in 1821, for maliciously administering arsenic to Martha King, who was pregnant by him. The woman King swore, that the prisoner, after twice trying, but in vain, to prevail on her to take drugs for the purpose of procuring abortion, sent her a present of tarts, of which she ate one and a half,—that in half an hour she was seized with symptoms of poisoning with some irritant poison,—and that she continued ill for a long time after. Mr. Thackrah found arsenic in the tarts that remained untouched, and likewise in some matter that was vomited in his presence after the administration of an emetic, as well as in other vomited matters which were preserved for him between his first and second visits. Her appearance, however, did not correspond with the complaint she made of her sufferings, her pulse and tongue were natural, and on careful investigation the following inconsistencies were farther detected. 1. She said she felt a coppery taste in the act of eating the tarts, a taste which arsenic certainly does not possess. 2. From the quantity of arsenic in the tarts which remained she could not have taken above ten grains, while even after repeated attacks of vomiting, the alleged matter subsequently preserved contained nearly fifteen grains. 3. The matter first vomited contained only one grain, while the matter alleged to have been vomited subsequently contained fifteen grains. 4. The time at which these fifteen grains were alleged to have been vomited was not till between two and three hours after the symptoms began; in which case the symptoms would before that time have been in all probability violent. The prisoner was acquitted, and the prosecutor and another woman who corroborated her deposition afterwards confessed that they had entered into a conspiracy to impute the crime to him, because he had deserted her on finding she was too intimate with other men.
Another case not less interesting in its details was communicated to me by my colleague Dr. Traill, who was consulted by the medical attendant, Mr. Parr of Liverpool. A man accused his sister-in-law of administering poison in his tea. He stated that he was seized with pain in the stomach and uneasiness in the head half an hour after taking the tea; and when visited soon after, the countenance was anxious, the skin pallid, the pulse frequent, the throat red; and while Mr. Parr was examining the throat, a quantity of matter was vomited, containing a white, gritty, crystalline substance, which was afterwards ascertained to be oxalic acid. The following circumstances, however, proved that the poison could not have been given in the tea. The man alleged that he remarked in the very first mouthful an acrid taste, followed by sweetness, which is not the taste of oxalic acid. Notwithstanding this warning, he drank the greater part of the tea. He stated that the poison was dissolved in the tea, yet he vomited some oxalic acid in the solid form. Granting he was mistaken in supposing the whole poison dissolved, the quantity swallowed must in that case have been large; and nevertheless the symptoms were mild, though no vomiting took place for about an hour, and next day he was almost well. Four other individuals had tea at the same time from the same tea-pot, without sustaining any harm; and what remained of the infusion did not contain any oxalic acid. Finally, his niece took what he left of his tea in the cup, without remarking any unusual taste; and in the unwashed cup not a trace of oxalic acid could be detected. It was quite plain, therefore, that the man’s accusation was false; and certain points of general evidence, coupled with the medical facts, afterwards proved that he must have taken the oxalic acid himself.
It has been alleged, that attempts have been made to impute the crime of poisoning by introducing poisonous substances into the body after death; and although I have not been able to find any actual instance of such ingenious atrocity mentioned by authors, it must be acknowledged to be quite possible; and the medical jurist should therefore be prepared for the requisite investigations. Every case may be clearly made out by attending to the relative effects of poisons on the dead and on the living tissues;—a subject which will receive some notice under the head of the principal poisons in common use.