Medical jurisprudence

Front matter

m

SURGEON GENERAL'S OFFICE

LIBRARY.

Preface

In the preparation of the Fourth Edition of this work, the author has found it necessary to revise the whole of the chapters. Numerous additions and alterations have been made, and many important cases of recent occurrence have been introduced.

Under Poisoning, the additions include a notice of the new enactments affecting medical evidence, and of the recent decisions regarding the administration of poison, — some new facts and cases illustrative of the action of arsenic, opium, strychnia, the salts of lead, antimony, and other poisons, — as well as improvements in the application of chemical tests for the detection of poisons : — under Wounds, the changes produced by the new statutes, — cases of peculiar and severe suicidal wounds, — struggling and power of exertion in wounds of the heart, — processes for the detection of blood-stains, and their distinction from vegetable dyes, — the examination of weapons and projectiles,— additional facts regarding burns on the living and dead bodies : under Child-murder, medical evidence derivable from an examination of the umbilical cord, with references to many new cases. ■ Additions have been made under Abortion, on the action of oil of savin : — under Legitimacy, on the duration of pregnancy, — proofs from the development of offspring, — plural and twin births: — under Rape, fallacies attending evidence from the examination of females : under the various forms of death from Asphyxia, — additional facts regarding the examination of the bodies of persons who have died by drowning, hanging, strangulation, and suffocation, — facts and cases illustrating the means of distinguishing homicidal from suicidal strangulation — under Insanity, some additions on the application of Restraint, — decisions in recent cases, showing the liability of medical practitioners, — the testimonial capacity of the

IV PREFACE.

Insane, with remarks and cases illustrative of Homicidal Mania and the Plea of Insanity.

The author has reason to believe that this small volume has already found a wide circulation, not only among members of his own profession, but among gentlemen practising at the bar. To many of these he has to express his obligations for suggestions which he has received, as well as for numerous important facts which they have kindly communicated to him. In order to meet the wishes of those members of the bar who make the book a kind of Circuit companion, a glossary containing some professional terms used in the volume has been added.

To make the work complete, the author proposes with the least possible delay to publish a treatise on a much larger scale, and printed in larger type. This new and enlarged volume will embrace not only many facts and cases to which it has been impossible to give more than a brief reference in the small work now published, but also some subjects of great interest in medical jurisprudence, for a notice of which it has not hitherto been possible to find room. The new subjects thus proposed to be introduced, are the various modes of Death, — Sudden Death, — the Signs of Death, — the changes in the dead body, including Putrefaction, — determination of the period of death, — the disinterment of bodies, — examination of bones in reference to sex, age, stature, race, period of interment, and other circumstances, — Age and Personal Identity, — Presumption of Survivorship, — Life Insurance, — and Feigned and Disqualifying Diseases.

The author cannot close this notice without thanking the members of the Legal and Medical professions for the very great encouragement which they have hitherto extended to his labours in the science of Medical Jurisprudence.

Guy's Hospital, June, 1852.

PREFACE

TO THE THIRD AMERICAN EDITION.

The great popularity of Dr. Taylor's Medical Jurisprudence is abundantly proved by the rapid disposal of several editions. This already wide circulation, and the author's long established reputation, render it unnecessary to dwell upon the merits of his manual as a standard authority to members of the legal and medical professions.

It will be seen by the author's preface and the body of the work that many advantageous changes have been made, and a large amount of important matter added, in such a manner as very slightly to augment the volume, while they have materially enhanced its value. In this way, we think, the author has succeeded in producing a book which, however incomplete it may appear to one of his great learning and rigorous exactness, will nevertheless, for practical availability as a means of constant reference, go very far to lessen, at least in this country, the demand for a voluminous and costly treatise, such as he anticipates preparing at a future day.

The last English edition is brought so fully up to the level of its date, and so short a period has since elapsed, that the duties of the present editor have been comparatively light. He has token care to incorporate in his own notes such of the additions of his predecessor, the late Dr. R. E. Griffith, as had not been used by Dr. Taylor, or as it seemed on other accounts desirable to retain. He has endeavoured, also, whilst avoiding any increase of bulk as much as possible, to present all the important facts and cases that have recently occurred within his knowledge, especially in this country; and he trusts that he has thus added somewhat to the usefulness of this reprint among his countrymen, if not to its interest generally as the latest publication on the subject,

VI PREFACE TO THE AMERICAN EDITION.

The additions are, as usual, inclosed within brackets, and are marked with the letter H. The Glossary which has been appended by the author for the benefit of members of the bar, although brief, has not been interfered with, because the American editor did not feel at liberty either to alter or to leave it out. It would be better for readers of every kind — legal, medical, and general — who are in need of explanations, to look at once to such a dictionary as Dunglison's Medical Lexicon, a book which no criminal lawyer or careful general reader should ever be without, rather than to the best glossary that could be given at the end of any work on Medical Jurisprudence.

E. H.

453 Walnut St., Philadelphia, \ May, 1853. /

ERRATA.

Page 431, sixth line from top, the words, "i. e. usual in the female, we suppose," should be enclosed within brackets.

Page 462, fourth line from bottom, for "Brownsegnard" read Brown-Sequard.

Page 466, first line of second paragraph, same as above ; and on second line of same paragraph omit the word "no."

Table Of Contents

POISONING.

Chapter I

Definition of the term Poison— Meaning of the words Deadly Poison— Legal Definition—Mechanical Irritants — Influence of Habit and Idiosyncrasy on Poisons- Classification of Poisons— Special Characters of Irritants, Narcotics, and Narcotico- Irntants •.....,. ,33

Chapter II

Evidence of Poisoning in the Living Subject— Symptoms occur suddenly— Modifying Conditions — Action of Poisons increased or diminished by Disease — Symptoms connected with Food or Medicine— Sudden Death from Natural Causes mistaken for Poisoning— Several persons attacked simultaneously— Evidence from the Detection of Poison in Food . . . . . . . .41

Chapter III

On the Evidence of Poisoning in the Dead Body — Period at which Poisons prove fatal — Chronic Poisoning — Post-mortem Appearances produced by the different Classes of Poisons— Redness of the Mucous Membrane mistaken for Inflammation^Ulceration and Corrosion— Softening— Perforations of the Stomach from Poison and Disease ••......:.. 46

Chapter IV

Rules to be observed in investigating a Case of Poisoning— with respect to the Patient while Living— the Inspection of the body— the Exhumation of Bodies— Disposal of the Viscera. Identity of Substances. Preservation of Articles for Analysis. On the Use of Notes— When allowed to be used in Evidence — Medico-legal Reports • ••..:.... 52

IRRITANT POISONS.

Chapter V

Division of Irritant Poisons. Sulphuric Acid or Oil of Vitriol. Symptoms caused by this Poison in the Concentrated and Diluted State— Post-mortem Appearances. Quantity of Acid required to destroy Life— Fatal Doses — Period at which Death takes place— Treatment— Chemical Analysis— Mode of Detecting the Poison in Pure and Mixed Liquids— Its Detection in Articles of Clothing— Poisoning by Sulphate of Indigo ....... -..59

Chapter VI

Poisoning by Nitric Acid or Aqua Fortis. Action of the Concentrated and Diluted Acids — Post-mortem Appearances— Quantity required to Destroy Life — Period at which Death takes place. Processes for Detecting the Poison in Pure and Organic Liquids. Poisoning by Muriatic Acid . . . . . .63

Chapter VII

Poisoning by the Vegetable Acids. Oxalic Acid— Symptoms and Effects— Post-mortem Appearances — Fatal Doses— Recovery from Large Doses— Period at which Death takes place — Treatment— Chemical Analysis— Tests for Oxalic Acid in Pure and Mixed Liquids— Binoxalate of Potash. Tartaric Acid. Acetic Acid. Vinegar 67

VUl CONTENTS.

Chapter VIII

Poisoning by the Alkalies. — Potash, Soda, and their Carbonates — Symptoms — Fatal Effects of the Carbonates of Potash — Post-mortem Appearances — Treatment — Ammonia and Sesquicarbonate of Ammonia (Sal Volatile) — Chemical Analysis — Tests for Potash and Soda — Tests for Ammonia . . . • « .71

Chapter IX

Metallic Irritant Poisons. Arsenic — Arsenious Acid — Taste — Solubility in various Liquids — Symptoms — Chronic Poisoning — Anomalous Cases — Post-mortem Appearances—Quantity required to Destroy Life. — Period at which Death takes place — Treatment — Chemical Analysis— Tests in the Solid State — in Solution — Marsh's Process — Reinsch's Process — Arsenic in Organic Liquids — Absorbed Arsenic — Its Presence in the Soil of Cemeteries— Sulphurets of Arsenic and other Compounds . 74

Chapter X

Corrosive Sublimate — Taste and Solubility — Symptoms — Its Effects compared With those of Arsenic — Slow or Chronic Poisoning — Salivation from Small Doses of Mercurial Medicines — From other Causes — Post-mortem Appearances — Quantity required to Destroy Life — Period at which Death takes place — Fatal Dose — Treatment— Chemical Analysis in Powder and Solution — Process in Organic Liquids — Calomel — White and Red Precipitates — Sulphurets of Mercury . . .94

Chapter XI

On Poisoning by Lead — Sugar of Lead — Symptoms — Chronic Poisoning by Sugar of Lead — Post-mortem Appearances — Treatment — Quantity required to Destroy Life — Chemical Analysis — Lead in Organic Mixtures — Carbonate or White Lead — Painter's Colic — Oxides — Litharge and Red Lead — Accidents from the Glazing of Pottery . . . . . . . . . .104

Chapter XII

Copper — Blue Vitriol. Symptoms. Post-mortem Appearances — Treatment. Poisoning by Verdigris — Subchloride of Copper — Carbonate — Scheele's Green. Chemical Analysis — Tests — Special Characters of the Salts. — Copper in Organic Liquids— In Articles of Food . . . . . . . .110

Chapter XIII

Tartarized Antimony — Symptoms — Recovery from Large Doses — Post-mortem Appearances— Treatment — Chemical Analysis — Tests. Antimony in Organic Liquids. Chloride of Antimony — Analysis. Poisoning by Sulphate and Chloride of Zinc. Carbonate of Zinc. Preparations of Tin — Silver — Gold — Iron — Bismuth and Chrome — Bichromate of Potash . . . . . . .114

VEGETABLE IRRITANTS.

Chapter XIV

General Remarks— Mode of Action of Vegetable Irritants. Aloes. Colocynth. Gamboge. Jalap. Scammony. Savin. Croton Oil. Castor Seeds. Oil of Turpentine. Oil of Tar. Mouldy bread ....... 123

ANIMAL IRRITANTS.

Chapter XV

("antharides or Spanish Fly— Symptoms and effects— Analysis. Poisonous Food- Fish— Mussels— Salmon— Cheese— Sausages — Diseased Flesh of Animals . . IQs

NARCOTIC POISONS.

Chapter XVI

Narcotic Poisons— Opium — Symptoms — Period of Commencement — Post-mortem Ap-

CONTENTS. IX

pearances — Quantity required to destroy Life — Death from Small, and Recovery from Large Doses — Its Action on Infants — Period at which Death takes place — Poisoning by Poppies — Godfrey's Cordial — Dalby's Carminative — Paregoric Elixir — Dover's Powder — Morphia and its Salts — Black Drop — Sedative Solution — Tests for Morphia and Meconic Acid — Process for Detecting Opium in Organic Mixtures .......... 134

Chapter XVII

Prussic Acid — Differences in Strength — Taste and Odour — Conditions under which the Odour may and may not be Detected — Symptoms produced by Small and Large Doses — Period at which the Symptoms commence — Power of Volition and Locomotion— Post-mortem Appearances — Quantity required to destroy Life — Fatal Dose — Period at which Death takes place — Tests for the Acid — Vapour-Tests — Process for Organic Mixtures. Bitter Almonds. Noyau. Cyanide of Potassium . . 142

Chapter XVIII

Narcotic Poisons continued. — Hyoscyamus Niger. Lactuca Virosa and Sativa — Lettuce-Opium— Solanum Dulcamara and Nigrum — Camphor — Symptoms — Alcohol — Symptoms — Treatment — Analysis — Action of Ether as a Liquid — Symptoms and Appearances — Chloroform— Symptoms and Appearances ..... 152

NARCOTICO-IRRITANT POISONS.

Chapter XIX

General Remarks — Nux Vomica — Strychnia — Colchicum — White Hellebore — Digitalis— Conium Maculatum — Datura Stramonium — Aconite — Deadly Nightshade — Tobacco— Cocculus Indicus — Laburnum — Mushrooms — Yew .... 157

WOUNDS.

Chapter XX

Various Surgical Definitions of a Wound — Injury to the Skin — Legal Definition — An Abrasion of the Cuticle not a Wound — Implies Immediate and not Remote Laceration of the Skin — Is a Dislocation a Wound? — Wounds Dangerous to Life — the Danger imminent — Wounds producing grievous bodily harm. Intent of the Accused a question for the Jury . . . . . . . .169

Chapter XXI

Examination of Wounds in the Dead Body — All the cavities should be inspected — Acquittals from the neglect of this Rule — Characters of a Wound inflicted during Life — Of a Wound made after Death — Experiments on Amputated Limbs — Caution in Medical Opinions — Wounds or Injuries unattended by Hemorrhage. Ecchymosis from Natural causes — In the Dead Body — Lividity — Vibices — Effects of Putrefaction— Is Ecchymosis a necessary result of Violence . . . 173

Chapter XXII

Evidence of the Use of a Weapon — Characters of Wounds caused by Weapons. — Incised, Punctured, Lacerated, and Contused Wounds — Stabs and Cuts — What are Weapons? — Examination of the Dress ...... 185

Chapter XXIII

Wounds indicative of Homicide, Suicide, or Accident — Evidence from the Situation of a Wound — Suicidal Wounds in unusual Situations — Evidence from Nature and Extent — Shape — Evidence from the Direction of a Wound — Wounds inflicted by the Right or Left Hand — Accidental and Homicidal Stabs — Evidence from the presence of several Wounds — The use of several Weapons — Two or more Mortal Wounds — Wounds produced simultaneously or at different times .... 189

Chapter XXIV

Evidence from Circumstances — Medical Questions — Value of Circumstantial Evidence— The Position of the Body — Of the Weapon — The Weapon or other Articles

X CONTENTS.

found in the Hand of the Deceased — Evidence from Blood on Weapons — Marks of Blood on the Person or in the Apartment — Position of the Person when mortally Wounded — Evidence from Wounds on the Deceased — No Blood on the Assailant— Fallacy respecting Marks of Blood. Arterial distinguished from Venous Blood — Evidence from the Form and Direction of Spots of Blood . • 197

Chapter XXV

Distinction of Suicidal from Accidental Wounds — Important in Cases of Life-Insurance — Wounds on the Throat — Facts indicative of Suicide, Homicide, or Accident — Imputed or Self-Inflicted Wounds — Motives for their production— Characters of Imputed Wounds — Rules for detecting False Charges of Murder . . . .204

Chapter XXVI

The Cause of Death in Wounds— Caution in assigning too many causes — Wounds directly or indirectly fatal — Death from hemorrhage — Loss of Blood required to prove fatal — Modified by Age and other circumstances — Fatal Wounds of small Arteries — Internal Hemorrhage — Death from Mechanical Injury to a Vital Organ — Death from Shock — Blows on the Abdomen — Flagellation — Death from a multiplicity of Injuries without any mortal Wound — Subtle Distinctions respecting the Mortality of Wounds . . . . . . . .208

Chapter XXVII

Chemical Examination of Blood-stains — Action of the Tests on Organic and Inorganic Red Colouring Matters — Stains of Blood on Linen and other Stuffs — Date of the Stains — Evidence from the Detection of Fibrin — Insoluble Stains resembling Blood — Red Paint mistaken for Blood — Soluble Stains of Fruits, Flowers, Roots and Extracts— Removal of Blood-stains from Articles of Clothing — Stains of Blood on Weapons — Citrate of Iron Mistaken for Blood — Distinction of Stains from Iron-rust — Colour from Red Dyes — Blood of Man and Animals — Evidence from the Odour — — Microscopical Evidence — Form and Size of the Red Globules in Mammalia and other Classes ......... . 214

Chapter XXVIII

Death of Wounded Persons from Natural Causes — Distinction between Real and Apparent Cause — Death from Wounds or Latent Disease — Accelerating Causes — Which of two wounds caused death? — Death following slight Personal injuries . 224

Chapter XXIX

Wounds indirectly fatal— Death from Wounds after long periods — Secondary Causes of Death — The Cause is unavoidable — The Cause avoidable by Good Medical Treatment— Comparative Skill in Treatment — Cause avoidable but for Imprudence on the part of the Wounded Person — Abnormal or Unhealthy State of Body — Acceleration of Death . . . . . . . . .227

Chapter XXX

Wounds indirectly fatal. Tetanus following Wounds — Causes of— Death from Surgical Operations — Primary and Secondary Causes of Death— Unskilfulness in Operations— Necessity for the Operation — Erysipelas following Operations. . .231

Chapter XXXI

Cicatrization of Wounds — Evidence from Cicatrices — Changes in an Incised Wound — Is a Cicatrix always a Consequence of a wound] Are cicatrices, when once formed, indelible? — Characters of Cicatrices— Medical Evidence respecting the period at which a Wound was inflicted— Changes in Contusions — How long did the Deceased survive the Wound? ......... 234

Chapter XXXII

Acts indicative of Volition and Locomotion — Injuries to the Head not immediately fatal— Wounds of the Heart not immediately fatal — Wounds of the Carotid Arteries — Locomotion after Ruptures of the Diaphragm and Bladder — Summary . .237

CONTENTS. XI

Chapter XXXIII

Wounds as they affect Different Parts of the Body — Wounds of the Head — Of the Scalp — Concussion — How distinguished from Intoxication — Extravasation of Blood— Seat of — As a result of Violence, Disease, or Mental Excitement — Wounds of the Face — Of the Orbit — Of the Nose — Deformity as a consequence of Wounds of the Face — Injuries to the Spine — Fractures of the Vertebrae — Death from Injuries to the Spinal Marrow ......... 242

Chapter XXXIV

Wounds of the Chest — Of the Lungs — Ruptures from Accident— Wounds and Ruptures of the Heart — Wounds of the Aorta and Venae Cavse — Wounds and Ruptures of the Diaphragm — Direction of Wounds of the Chest — Wounds of the Abdomen — Death from Blows on the Cavity — Ruptures of the Liver, Gail-Bladder, Spleen, Kidneys, Intestines, Stomach, and Urinary Bladder — Medico-legal Questions connected with Ruptured Bladder — Wounds of the Genital Organs — Mutilation . . . 248

Chapter XXXV

Fractures — Produced by a Blow with a Weapon or by a Fall — Occur in the Aged — Brittleness of the Bones — Fractures caused by slight Muscular Exertion — In the Living and Dead Body — Has a Bone ever been Fractured? — Questions of Survivorship— Dislocations from Violence or Natural Causes — Diagnosis — Actions for Malapraxis .......... 258

Chapter XXXVI

Gun-Shot Wounds — Their Danger — On the Living and Dead Body — Was the Piece fired near or from a distance 1 — Evidence from several Wounds — Deflection of Balls — Accidental, Suicidal, or Homicidal Wounds — Position of the Wounded Person when Shot — Wounds from Small Shot — Wounds from Wadding and Gunpowder — Identity from the Slash of Powder — Examination of the Piece ■» 262

Chapter XXXVII

Burns and Scalds — Circumstances which render them dangerous to Life — Did the Burning take place before or after Death? — Experiments on the Dead Body — Vesication and Line of Redness — Presence of Several Burns — Summary. Accident, Homicide, or Suicide — Human or Spontaneous Combustion — Burns by Corrosive Liquids — Spontaneous Ignition of Organic and Mineral Substances . . .271

INFANTICIDE.

Chapter Xxxviii

Nature of the Crime — The same Evidence required as in other cases of Murder — Proof of Life Demanded — Body of the Child not discovered — Medical Evidence at Inquests— Age or Maturity of the Child — Viability not required to be proved— ^Characters from the Sixth to the Ninth Month — Signs of Maturity — Abnormal Deviations— Position of the Umbilical Opening — General Conclusions — Rules for Inspecting the Body .......... 281

Chapter XXXIX

On the Proofs of a Child having lived at its Birth— Evidence of Life before Respiration—Signs of Putrefaction in Utero — Evidence from Marks of Violence— Summary — Evidence of Life after Respiration — Inspection of the Body — Colour, Volume, Consistency, and Absolute Weight of the Lungs — Static Test — Weight increased by Respiration — Test of Ploucquet — Blood in the Pulmonary Vessels — Relative Proportion of Fat in the Lungs — Specific gravity of the Lungs — General Conclusions ........... 287

Chapter XL

Mode of Employing the Hydrostatic Test — Incorrect Inferences — Sinking of the Lungs from Disease or Atelectasis — Life with partial Distention of the Lungs — Life with perfect Atelectasis or entire Absence of Air from the Lungs — Hydrostatic Test

Xll CONTENTS.

not applicable to such cases — Erroneous Medical Inference from Sinking of the Lungs — Floating of the Lungs from Emphysema and Putrefaction — Effects of Putrefaction in Air — General Conclusions respecting the Hydrostatic Test . • "97

Chapter XLI

Floating of the Lungs from Artificial Inflation. Inflation distinguished from perfect Respiration^-not distinguishable from imperfect Respiration — Doubtful Cases — Results of Compression — Improper Objections to the Hydrostatic Test — Summary — Respiration before Birth — Vagitus Uterinus — Respiration a Sign of Life, not of Live Birth — The Killing of Children which Breathe during Birth not Child murder. General Conclusions ......... 30-3

Chapter XLII

On the Proofs of a Child having been born alive — Evidence from Respiration — Evidence from Marks of Violence — Evidence from Natural Changes in the Umbilical Vessels, the Foramen Ovale, and Ductus Arteriosus — Closure of the Foramen and Duct before Birth — Evidence from the Discovery of Food in the Alimentary Canal — Detection of Live Birth by the Application of Chemical Tests to the Contents of the Stomach — Defective Evidence. — General Conclusions . . . . 31G

Chapter XLIII

Rules for determining the period of Survivance in Children that have been born alive. Appearances indicative of a Child having lived twenty-four hours — From two to three days — From three to four days — From four to six days — From six to twelve days — Uncertainty of Medical Evidence. — On the Period which has elapsed since the Death of the Child — Process of Putrefaction in the Bodies of New-born Children— General Conclusions . . . . . . . . 32 1

Chapter XLIV

Causes of Death in New-born Children — Proportion of Children born Deal — Natural Causes of Death — A Protracted Delivery — Debility — Hemorrhage — Laceration of the Cord — Compression of the Cord — Malformation — Destruction of Monstrous Births Illegal. — General Conclusions . . . . . , 32G

Chapter XLV

Violent Causes of Death — Forms of Violent Death unattended by Marks of External Violence — Suffocation — Drowning — In the Soil of Privies — Power of Locomotion and Exertion in Females after Delivery — Death of the Child from Cold and Exposure— Starvation — Immaturity in Cases of Abortion — Wounds, Evidence from, in New-born Children — Fractures of the Skull, Spontaneous and Criminal. — Death of the Child from Delivery in the Erect Posture — Accidental Injuries in Utero — Deficient Ossification — Twisting of the Neck — Violence in Self-delivery. — General Conclusions .......... 330

CHAPTER XL VI.

Death of the Child from Strangulation — Deceptive Appearances on the Body — Strangulation by the Umbilical Cord — Diagnosis — Accidental Marks resembling those°of Strangulation— Constriction before and after Death — Before and after Respiration — Constriction before and after entire Birth— Before and after the severance of the

Umbilical Cord — Constriction without Ecchymosis — Examination of the Mother

Summary of Medical Evidence — Death of the Child after Birth from Wounds during Delivery. — General Conclusions . . . , . , .341

PREGNANCY.

CHAPTER XL VII.

Pregnancy in its Legal relations — Cases of rare occurrence — Signs of Pregnancy— Suppression of the Menses — Prominence of the Abdomen — Changes in the Breasts

Quickening — Uncertainty of the period at which it occurs — Sounds of the Fcetal Heart — Kiestein in the Urine — Changes in the Os and Cervix Uteri — Feigned Pregnancy— De Ventre Inspiciendo — Plea of Pregnancy in bar of execution — The Jury of Matrons and their Mistakes — Concealment of Pregnancy a Crime in the Scotch Law — Pregnancy in the Dead — Pregnancy in a state of Unconsciousness . . 353

CONTENTS. X1I1

DELIVERY.

CHAPTER XL VIII.

Delivery in its Legal Relations — Delivery in the Living— Concealed Delivery, Abortion in the early Stages of Pregnancy — The Signs speedily disappear — Early Examinations— Signs of recent Delivery in advanced Pregnancy — Evidence from the Skin of the Abdomen — The organs of Generation— The Presence of the Lochia — Signs of Delivery at a remote period — Feigned Delivery — Delivery in a state of Unconsciousness— Circumstances under which this may occur — Natural and Morbid Sleep — Admission of the Plea in cases of alleged Child-murder — Signs of Delivery in the Dead — Appearances of the Internal Organs in cases of recent Delivery — Their rapid obliteration — True and False Corpora Lutea — Fallacies to which they give rise— Examination of the Ovum or Embryo — Its Characters from the First to the Sixth Month — Abortion of Moles and Hydatids.— Medico-Legal Cases . . 3G3

CONCEALMENT OP BIRTH.

CHAPTER XLIX.

Medical Evidence required in reference to Delivery — Concealment of the Birth of a Child — Definition of the Crime — Females acquitted of Infanticide found guilty of Concealment — Medical Evidence from the Remains of the Body — Analysis of Bones — The Child must be dead — Concealment of the Ovum or Embryo — Not necessary to prove when the Child died ....... 375

CRIMINAL ABORTION.

CHAPTER L.

General Remarks on the Crime of Abortion — Abortion from Natural Causes — Its Frequency — Criminal Causes — Local Violence — Abortion by Mechanical Means — From Venesection — Medicinal Substances — Popular Abortives — Sgns of Abortion in the Female — Specific Abortives — Abortion not always a result of Poisoning — Local Applications — Feigned Abortion — Legal Relations — Meaning of the word Noxious as applied to Drugs — On Inducing Premature Labour — Medical Responsibility— Proof of Pregnancy not necessary — Abortion of Monsters — Extra-uterine Conceptions— Abortion of Moles and Hydatids . . . . .377

BIRTH. INHERITANCE.

CHAPTER LI.

Evidence of Live Birth in Civil Cases — Legal Rights of the Foetus in Utero— Differences between Entire and Partial Birth — Case — Signs of Live Birth independent of Respiration or Crying — Conflicting Medical Evidence in the Case of Fish v. Palmer — Motion of a Lip a Proof of Live Birth — Vagitus Uterinus — Possessio Fratris — Tenancy by Courtesy — Csesarean Extraction of Children— Legal Birth — Post-mortem Births — Date of Birth— Minority and Majority — Medical Evidence in relation to Plural Births — Monsters — What constitutes a Monster in Law — Deprivation of Legal rights — Double Monsters — Christina Ritta — The Siamese Twins . . 387

LEGITIMACY.

CHAPTER LII.

Legal Presumption of Legitimacy — Date of Conception not regarded — Difference between the English and Scotch Law — Children born after Death — Natural Period of Gestation — Duration from one Intercourse — Premature Birth — Short Periods of Gestation— Viability — Earliest Period at which a Child may be born Living — Fama Clamosa — Evidence from the State of the Offspring — Can fully-developed Children be born prematurely ? — Protracted Births — Long Periods of Gestation — Cases — Longest Periods yet known — The Sex of the Child has no influence — Period not fixed by Law — Gardner Peerage Case — Evidence from the State of the Child — Legal Decisions — Mistakes in the Mode of Computation .... 397

XIV CONTENTS.

PATERNITY.

CHAPTER LIII.

Disputed Paternity — Evidence from Likeness — Douglas Peerage Case— Parental Likeness— Affiliation — Posthumous Children — Superfcetation in relation to Legitimacy- Circumstances under which it is supposed to occur — Superconception — Supposititious Children— Relation of the Subject to Feigned Delivery and Legitimacy .418

HERMAPHRODITISM.

CHAPTER LIV.

Sexual Malformation — Hermaphroditism — Androgynus— Androgyna — Distinction of Sex— Mistakes in the Sex of Children — Rules for Diagnosis — Cases — Causes of Sexual Deformity in the Foetus — Legal Relations — Cases in which the Determination of the Sex is necessary— Imputation of Hermaphroditism — The Rights of Electors dependent on a normal condition of the Sexual Organs — Concealed Sex . . 425

IMPOTENCY. STERILITY.

CHAPTER LV.

Impotency — Definition — Physical Causes — Procreative Power in the Male — Puberty — Age of Virility — Loss of Virile Power by Age — Diseases of the Testis — Powers of Crypsorchidesand Monorchides — Supernumerary Testes — Arrested Development — Moral Causes — Sterility — Causes of — Procreative Power in the Female — Puberty — Earliest and latest Ages for Child-bearing — Female Precocity — Menstrual Climacteric— Age for Cessation — Remediable Causes of Sterility — Legal Relations of the Subject — Contested Legitimacy and Divorce ..... 434