6. When a poison is not found by analysis, it does not follow that it has not caused death. Unequal distribution, uncertainty of tests, improper securing of the samples (Palmer case), decomposition or elimination of the poison, may hinder discovery.
7. In every case, if possible, the approximate quantity of the poison should be ascertained and stated. This specially applies to substances that may have been administered medicinally.
“If poison be administered with intent to murder, it is not necessary that there should be enough in the article administered to cause death, or that it should be given in such a way as to act fatally. If any poison be there, and the intent be proved, the crime of attempting to administer poison is complete.” [Judge’s ruling in Hartley, Cent. Crim. Court, May 12th, 1850; Reg. v. Bacon, Lincoln Summer Assizes, 1857; Reg. v. Southgate, Chelmsford Lent Assizes; Reg. v. Cluderay, York, 1849].
For minute directions as to the conduct of toxicological investigations, see Taylor’s Medical Jurisprudence, 1873, I., 202-209; also Guy and Ferrier’s Forensic Medicine, 1881, p. 359, et seq.
CHAPTER II.
TRIALS FOR POISONING BY HYDROCYANIC OR PRUSSIC ACID.
Two cases are reported under this head. The first that of John Tawell, for the murder of his mistress, Sarah Hart, at Salthill, near Windsor, tried at the Spring Assizes at Aylesbury, 1845, before the late Baron Parke (Lord Wensleydale). The second—a case of misadventure—the trial of George Ball, a surgeon, at Lewes, for the murder of his mother by the negligent administration of an overdose of this poison, medicinally, before the Lord Chief Justice of the Common Pleas (Coleridge) Summer Assizes, Lewes, 1860.
TRIAL OF JOHN TAWELL FOR POISONING SARAH HART AT SALTHILL BY PRUSSIC ACID.