Misdirection as to Arsenic in Solution

It will be observed that the only things of which James Maybrick could have partaken [but did not], in which arsenic in a weighable form was present, were the bottle of Valentine’s meat juice and the pot of glycerin, and that the arsenic found in them was found in a state of solution.

As regards the half grain of arsenic found in the meat juice, scientific evidence will be forthcoming that it is a physical impossibility for any person to dissolve half a grain of solid arsenic in 411 grains of Valentine’s meat juice, which is all the liquid that was in the bottle when it was handed to Mr. Davies.

Mr. Davies, moreover, found that (although he used very loose and unscientific language in his evidence) the specific gravity of the meat juice was considerably reduced, thereby showing that the half grain of arsenic found in it had been introduced in the form of arsenic in solution.

It will now be observed that the only arsenic in solution which was available, among the stores of arsenic found in the house, was the bottle No. 10 in the police list, and it is submitted that bottle No. 11 (solid arsenic) must, like the black solutions, be eliminated from any store of arsenic which Mrs. Maybrick, whether she had access to it or not, could have employed for the purpose of infecting any of the things found in the house to be infected.

Mr. Davies described the bottle No. 10 as a saturated solution of white arsenic, and he stated that it had been dissolved with water, some of the crystals remaining at the bottom undissolved.

At the inquest he stated, in reply to a question by the coroner: “The bottle No. 10, which was also in the box, contained a saturated solution of arsenic and solid arsenic at the bottom. There was no label on it. It contained, solid and liquid, perhaps two grains—a grain at all events.”

So it is evident that there was not a fatal dose even in the stores which Mrs. Maybrick could have used had she had access to it.

As regards this bottle, Mr. Justice Stephen told the jury: “A saturated solution is a solution which has taken up as much arsenic as it can, the water becoming saturated with arsenic; the remainder of the arsenic is found at the bottom. In this case there was a saturated solution of arsenic in the water and a small portion of arsenic at the bottom. With regard to that these questions arise: What was it for? Who is wanting such a quantity of strong solution of arsenic? Who has put it there and how is it to be used? These are the questions, in the solution of which I can not help you. There is nothing definite about it to connect Mr. Maybrick with it certainly.[7] If he was in the habit of arsenic eating he would not keep it saturated in water in quantities he could not possibly use.”

Mr. Davies found that this bottle “contained in solid and liquid perhaps two grains—a grain at all events.” Now arsenic can be dissolved in water by two processes. In cold water by shaking it constantly for several hours (and the strongest solution that can be obtained by the cold-water process is a one-per-cent. solution, which is no stronger than the ordinary Fowler’s solution as sold in the shops). That is called a “saturated solution” by the cold-water process. A solution of three or even four per cent. can be obtained with boiling water, but only when the water is kept on the constant boil for several hours; and that is also called a “saturated solution,” so that the phrase “saturated solution” may mean either a weak solution of one per cent., such as is gained by the cold-water process, or a stronger solution of three per cent. by the boiling-water process, and Mr. Justice Stephen misdirected the jury as to the meaning of the phrase “saturated solution.” He should have told them that a “saturated solution” of arsenic is one which has by any particular process taken up as much arsenic and retained it in solution as is possible by that particular process, and that it might consequently be either a weak or a stronger solution, according as it has been dissolved by the cold-water or boiling-water process, by shaking for hours or boiling for hours.

The questions put to the jury by Mr. Justice Stephen upon the interpretation of the phrase “saturated solution” which he gave, namely, “How is it to be used?” “Who is wanting such a quantity of strong solution of arsenic?” are misdirections.