Medical Jurisprudence, Volume 1 (of 3)

by John Ayrton Paris; J. S. M. Fonblanque

THE AUTHORS.

TABLE OF CONTENTS.

PART I.
	VOL. I.
Of the College of Physicians	[1]
Its powers and privileges	[23]
Of the College of Surgeons	[54]
Of the Society of Apothecaries	[59]
Of the exemptions and liabilities of Medical practitioners	[72]
Of actions by Medical practitioners	[77]
Of actions against Medical practitioners	[80]
Midwifery	[82]
Of the preservation of Public Health	[85]
Burial of the dead	[92]
Of Quarantine, Lazarettos, and other establishments of Plague Police	[104]
I. Are all epidemic Fevers contagious?	[115]
II. Does the matter of contagion require the aid of a certain state of the air (“Pestilential constitution of the Atmosphere”) to give effect to its powers and propagation; and to what causes are the decline and cessation of a contagious pestilence to be attributed?	[120]
III. Can filth and animal putrefaction generate contagion?	[122]
IV. Can a fever produced by fatigue, unwholesome food, &c. be rendered contagious in its career by animal filth, impure air, &c.?	[126]
Medical Police	[138]
Bills of Mortality	[143]
PART II.
Introduction	[151]
Of Medical Evidence generally	[153]
Of Marriage	[168]
Of Divorce or Nullity	[176]
Various questions connected with the foregoing subjects, elucidated by Physiological remarks	[179]
I. Of Ages, especially that of puberty	[179]
II. Of Impotence and Sterility	[197]
1. Of Impotence	[197]
1. Organic Causes of Impotence	[197]
In Males	[197]
In Females	[206]
2. Functional causes of Impotence	[208]
3. Moral causes of Impotence	[210]
2. Of Sterility	[212]
1. Organic causes	[212]
2. Functional causes	[212]
III. Of the Legitimacy of Children	[215]
Supposititious Children	[219]
Tenant to the Courtesey	[223]
Of Monsters and Hermaphrodites legally considered	[227]
Physiological illustrations connected with the foregoing subjects	[230]
Of Conception and Utero-gestation	[230]
Of Parturition or Delivery	[241]
1. Whether a woman can be delivered during a state of insensibility, and remain unconscious of the event?	[243]
2. How far the term of Utero-gestation can be shortened, to be compatible with the life (viabilité) of the offspring?	[243]
3. Whether to any, and to what probable extent, the natural term of Utero-gestation can be protracted?	[245]
4. What is the value of those signs by which we seek to establish the fact of a recent delivery?	[249]
5. Are there any, and what diseases, whose effects may be mistaken for traces of a recent delivery?	[254]
6. Can we determine by any signs whether a woman has ever borne a child, although at a period remote from that of the examination?	[256]
7. What are the earliest and latest periods of life, at which women are capable of child-bearing?	[256]
8. What is the possible number of children that can be produced at one birth?	[259]
9. Is super-fœtation possible, and under what circumstances, and at what period of gestation can a second conception take place?	[260]
10. What are the causes of Abortion	[269]
11. Under what circumstances, and by what means, is it morally, legally, and medically proper, to induce premature labour?	[271]
12. What circumstances will justify the Cæsarean operation, and of what value is the section of the Symphysis Pubis, or Sigaultian operation?	[274]
Of Extra-uterine Conception	[281]
Of Hermaphrodites	[283]
Of Idiots and Lunatics	[289]
Of Lunatic Asylums	[304]
Medical and Physiological Illustrations of Insanity	[307]
1. Whether the person is actually insane, and if so, what are the proofs of his derangement?	[317]
2. Whether the proofs are of such a nature as to suffer the individual, with propriety, to retain his liberty, and enjoy his property?	[321]
3. Whether there has been any lucid interval, and of what duration?	[322]
4. Whether there is any probable chance of recovery; and in case of convalescence, whether the cure is likely to be permanent?	[323]
Of Nuisances, legally, medically, and chemically considered	[330]
1. Of those manufactories, during whose operation gaseous effluvia, the products of fermentation, or putrefaction, escape into the atmosphere, and are either noxious from their effects on animals, or insufferable from the noisomeness of their smell.	[330]
2. Of those in which, by the action of fire, various noxious principles are evolved.	[330]
3. Of those which yield waste liquids that poison the neighbouring springs and streams.	[330]
4. Of those trades, whose pursuit is necessarily accompanied with great noise.	[330]
Of Impositions	[355]
Feigned or Simulated diseases	[355]
Insanity	[359]
Somnolency	[359]
Syncope	[360]
Epilepsy	[361]
Hysteria	[362]
Shaking Palsy	[362]
Fever	[364]
Dropsy	[364]
Jaundice	[365]
Hæmophthysis	[365]
Vomiting of Blood	[365]
Vomiting of Urine	[365]
Bloody Urine	[365]
Incontinence of Urine	[366]
Gravel and Stone	[366]
Alvine Concretions	[367]
Abstinence from Food	[368]
Deafness and Dumbness	[370]
Blindness	[371]
Ophthalmia	[372]
Ulcers, &c.	[372]
Hernia	[373]
Of the Adulteration of Food	[374]
Bread	[375]
Beer	[377]
Milk	[378]
Policy of Insurance on Lives	[381]
Survivorship	[388]
PART III.
Introduction	[399]
Arson	[402]
1. Spontaneous Combustion by friction	[403]
2. Spontaneous Combustion by the fermentation of Vegetable and Animal substances	[404]
3. Spontaneous Combustion by Chemical action	[406]
Human Combustion	[412]
Rape	[416]
Of Homicide generally	Vol. ii.—1
Of Real and Apparent Death	3
Of the Physiological causes and Phenomena of Sudden Death	16
Syncope	25
Suffocation	32
1. By Drowning	35
2. By Hanging	42
1. By pressure on the Vessels	43
2. By pressure on the Nerves of the Neck	44
3. By pressure on the Fracture of the Spine, and Dislocation of the Neck	44
3. By Manual Strangulation	46
4. By Smothering	48
5. By the Inhalation of Air deprived of Oxygen	48
6. By other modes	55
Death by Exposure to Cold	59
Death by the Agency of Heat	63
Death by Lightning	63
Death by Starvation	67
Application of the physiological facts established in the preceding Chapters, to the general treatment of Asphyxia	75
On the manner of producing Artificial Respiration	78
By the Application of Heat	81
By the Internal Exhibition of Stimulants	82
By Electricity	82
Treatment of particular cases of Asphyxia	84
Case 1. Wherein the action of the heart fails before that of the respiratory organs	84
Case 2. Wherein the function of respiration ceases, while the heart continues to circulate black blood	86
Of the Coroner’s Inquest	93
Suicide	104
Of Murder generally	110
1. By exposing a sick or weak person, or infant, to the cold	110
2. By exposing an impotent person abroad, so that he may receive mortal harm	110
3. By Imprisoning a man so strictly that he dies	111
4. By Wounding or Blows	116
a. Incised wounds, or cuts	119
b. Punctures	120
c. Bruises	121
d. Lacerations	123
e. Gun-shot wounds	124
5. By Poisoning	128
Of Poisons, chemically, physiologically, and pathologically considered	131
Their literary history	131
Of slow, consecutive, and accumulative Poisons	143
1. Of slow Poisons	143
2. Of consecutive Poisons	147
3. Of accumulative Poisoning	148
General remarks on the Medical Evidence required to substantiate an accusation of Poisoning	153
1. Whether all, or most of the symptoms, characteristic of the action of Corrosive and Narcotic Poisons, may not arise from morbid causes of spontaneous origin?	155
2. Whether organic lesions similar to those produced by poisoning, may not occasionally result from natural causes?	162
3. Whether the rapid progress of putrefaction in the body, generally, or in any particular part, is to be considered as affording presumptive evidence, in support of an accusation of poisoning?	182
4. How far the absence of poison, or the inability of the Chemist to detect it, in the body, or in the fluid ejected from it, is to be received as a negative to an accusation of poisoning	182
5. What degree of information can be derived from administering the contents of the stomach of a person supposed to have been poisoned, to dogs, or other animals?	193
On the Classification of Poisons	199
A classification of the different modes by which Poisons produce their effects	207
Mineral Poisons	209
Class I. Corrosive Poisons	210
Arsenic	210
Arsenious acid, or white oxide of arsenic	212
1. Symptoms of poisoning by the Arsenious acid	216
Symptoms of the first degree	216
Symptoms of the second degree	217
Different modes of poisoning by the Arsenious acid	220
Physiological action of Arsenious acid	223
Organic lesions discovered on dissection	225
Of the Chemical processes by which the presence of Arsenious acid may be detected	232
1. The Arsenic is in a solid form	232
A. By its reduction to the metallic state	233
B. By the application of certain re-agents, or tests, to its solution	240
2. The arsenious acid is mixed with various alimentary and other substances	252
Arsenic acid, and its salts	256
The sulphurets of arsenic	257
Mercury	257
Corrosive sublimate	257
Symptoms of poisoning by corrosive sublimate	259
1. Symptoms which follow a large dose	260
2. Symptoms which are produced by the repetition of small doses	260
Physiological action of Corrosive Sublimate	262
Antidotes to Corrosive Sublimate	263
Organic lesions discovered on dissection	266
Of the Chemical processes for its detection	267
a. By its metallization through the agency of Galvanism	268
b. By precipitating metallic mercury from its solution, by the contact of a single metal	269
3. It is dissolved in various coloured liquids	272
4. It is mixed or combined with some medicinal body in a solid form	273
5. It is united with alimentary substances which have effected its decomposition	274
6. It is decomposed, and a part exists in intimate combination with the membranes of the alimentary canal	274
Red Oxide of Mercury	275
Red Precipitate	276
Other preparations of Mercury	276
Antimony	277
Emetic Tartar, Tartarized Antimony	279
Symptoms of poisoning by it	280
Antidotes	280
Physiological action of Emetic Tartar	282
Organic lesions discovered by dissection	283
Tests for the detection of Emetic Tartar	284
1. The poison is in a solid form	284
2. It is mixed with various alimentary substances	285
Copper	285
Oxide of Copper	287
Green Carbonate of Copper, Natural Verdegris	288
Verdegris	290
Blue Vitriol	291
Symptoms of poisoning by the Salts of Copper	291
Organic lesions discovered on dissection	291
Chemical detection of their presence	291
A. By their reduction to a metallic state	292
B. By the application of certain tests to their solutions	293
The suspected poison is mixed with alimentary substances	294
Tin, and its Muriates	295
Zinc	296
White Vitriol, Sulphate of Zinc	297
Symptoms of poisoning by it	297
Organic lesions	298
Chemical processes for its detection	297
Silver	299
Lunar Caustic, Nitrate of Silver	299
Chemical processes for its detection	300
The Concentrated Acids	301
Oil of Vitriol, Sulphuric Acid	302
Symptoms of poisoning by it	303
Organic lesions	304
Antidotes	304
Chemical processes for its detection	305
Nitric Acid	305
Symptoms of poisoning by it	306
Organic lesions	309
Chemical processes for its detection	312
Spirit of Salt, Muriatic Acid	313
Symptoms of poisoning by it	313
Chemical processes for its detection	314
Oxalic Acid	315
Symptoms of poisoning by it	316
Antidotes	316
Chemical tests for its detection	316
Boiling Water	316
Melted Lead	317
The Caustic Alkalies	318
Potass or Potash	319
Liquor Potassæ	320
Chemical tests for its detection	320
Potassa Fusa, or Kali Causticum	321
Potassa eum Calce	321
Sub-carbonate of Potash, Pearl Ash	322
Symptoms of poisoning by any of the above	322
Preparations	322
Antidotes	323
Organic lesions	323
Soda	323
Ammonia and its Carbonate	323
Symptoms of poisoning by Ammonia	324
The Caustic Alkaline Earths	325
Quick Lime	325
Symptoms of poisoning by Lime	325
Organic lesions	326
Tests for its detection	326
Baryta, and its Salts	327
Symptoms of poisoning by Baryta	327
Physiological action of it	328
Antidotes	328
Chemical tests for its detection	329
Cantharides	330
Symptoms of poisoning by it	331
Organic lesions	332
Methods of detecting its presence	333
Phosphorus	333
Symptoms of poisoning by it	333
Mechanical Poisons, Powdered Glass, &c.	334
Class II. Astringent Poisons	336
Lead	336
Sugar of Lead, Plumbi super acetas	349
Goulard’s Extract, Liquor Plumbi sub-acetatis	350
White Lead, Sub-carbonate of Lead, Cerusse	350
Litharge, semi-vitrified Oxide of Lead	351
Red Lead, Minium	352
Symptoms of poisoning by the different preparations of Lead	353
By small and repeated doses	355
Organic lesions	357
Physiological action of Lead poisons	358
Chemical processes for their detection	361
1. When it exists in some unknown state of combination	361
2. Is dissolved in Wine	363
3. Is dissolved in Oils	364
4. Is mixed with alimentary matter	365
Vegetable Poisons	366
Class III. Acrid or Rubefacient Poisons	371
Camboge or Gamboge	371
White Hellebore, Veratrum Album	372
Black Hellebore, Melampodium	374
Fœtid Hellebore, Helleborus fœtidus	375
Elaterium, Wild Cucumber	375
Colocynth, Coloquintida. Bitter Apple	377
Euphorbium	377
Savine, Juniperus Sabina	378
Aconite, Monks-hood	379
Nitre, Nitrate of Potass	381
Symptoms of poisoning by Nitre	381
Organic lesions	382
Chemical processes for its detection	382
Class IV. Narcotic Poisons	382
Opium, and its preparations	383
Symptoms of poisoning by Opium	388
Physiological action of Opium	390
Treatment in cases of poisoning by it	391
Organic lesions	393
Of the detection of Opium	394
Black Henbane, Hyoscyamus Niger	395
Prussic Acid, Hydro-cyanic acid	396
The Laurel (Prunus lauro-cerasus) and its distilled water	396
Bitter Almonds	396
Action of Hydro-cyanic acid as a poison	396
Physiological action of Prussic acid	404
Antidotes	406
Organic lesions	407
Chemical processes for its detection	408
Class V. Narcotico-acrid Poisons	410
Deadly Night-shade, Atropa Belladonna	410
Symptoms of poisoning by it	411
Physiological action	412
Organic lesions	412
Modes of detecting its presence	413
Stramonium, Thorn Apple	413
Tobacco, Nicotiana Tabacum	414
Symptoms of poisoning by it	418
Its physiological action	419
Hemlock, Cicuta	420
Nux Vomica	421
Cocculus Indicus	423
Poisonous Mushrooms	425
Symptoms of poisoning by them	428
Organic lesions	433
Antidotes	434
Alcohol	434
Symptoms of poisoning by it	436
Its physiological action	437
Treatment of persons in a state of Inebriety	439
Animal poisons	440
Class VI. Septic Poisons	440
The Bites of Venomous Animals	440
Symptoms of the bite of a Viper	441
Physiological action of its poison	442
Putrescent Animal matter	443
Poisonous Fishes	449
Symptoms of Fish poisoning	451
Its origin	452
Aërial Poisons	456
Mercurial vapours	458
Sulphuretted hydrogen gas	462
Carburetted hydrogen gas	464
Chlorine; oxymuriatic acid gas	464
Sulphurous acid gas	465
Of Homicide, by Misadventure or Accident	466
A Synopsis of the objects of inquiry in cases of sudden and mysterious sickness and death	Vol. iii.—1
Case I. The patient is living, and medical assistance is required	1
Case II. The patient is dead—the attendants can furnish only an imperfect account of his dissolution	2
Case III. The body is found dead—its history is unknown	2
1. Inspection of the dead body	2
2. Circumstances to be learnt by an examination of surrounding and collateral objects	3
3. Circumstances to be learnt by the interrogation of competent witnesses	3
4. Circumstances to be learnt by anatomical dissection	3
A Commentary on the preceding objects of Inquiry	6
Case I. The patient is living, and medical assistance is required	6
Previous state of the patient, with respect to bodily health and strength,	8
Age and occupation	8
Present symptoms of the patient	8
Whether any, and what remedies have been used; by whom recommended; and by whom administered?	12
Appearance of the evacuations	13
Case II. The patient is dead—the attendants can furnish only an imperfect account of his dissolution	17
How soon is the deceased supposed to have died after the alleged cause of his dissolution?	17
Case III. The person is found dead, and the history of his dissolution is unknown	18
1. Circumstances to be learnt by inspection of the body	19
Situation and attitude of the body	20
General appearance of the countenance, as to colour, vascular turgescence, or congestion, and morbid physiognomy	21
Whether any discharge issues from the mouth, nostrils, ears, or any other orifice?	21
Apparent age of the deceased	22
Description of person, as to bulk, stature, obesity, muscular powers, &c.	22
Conformation of the neck as to shortness, thickness, &c.	22
Probable period that has elapsed since the extinction of life	23
Whether any, and what marks, punctures, contusions, ecchymoses, dislocations, or other injuries, are to be observed about the face, neck, chest, or any other parts of the body; and how far their appearance and character demonstrate the nature of the operation, or instrument by which they were inflicted?	26
Whether the wounds observed on the body were necessarily of a mortal nature, or sufficiently severe to have caused immediate death?	30
Whether they were inflicted during life?	31
Whether they resulted from an act of suicide, or otherwise, or whether from accident or design?	32
Whether the cloaths of the deceased betray any odour of spirit, tobacco, sourness, or putridity?	34
Whether any articles have been broken or injured in the pockets?	34
Whether there is reason to believe that the deceased has been robbed?	34
If the deceased be a female, whether there be any marks or bruises that would indicate the commission of a rape?	35
2. Circumstances to be learnt by an examination of surrounding and collateral objects	36
Whether the spot in question be of a description to explain the cause of the deceased having been found there, or how far its retired situation excites the suspicion that the body had been conveyed thither for concealment, or some other purpose?	36
Whether any indications of a struggle having happened on the spot are visible on the ground, or herbage near the deceased, and whether any footsteps can be traced near the body?	37
Has there been a thunder storm?	38
Whether any, and what weapons, are lying near the body; and what is their position in relation to it?	38
If the body be found in the water, are there any, and what reasons for supposing that it was killed by other means, and subsequently thrown into the water?	39
If the deceased be found hanging by the neck, whether he was suspended during life, or hung up after death? whether it was an act of suicide or of murder?	42
If the deceased be found in an apartment, whether it be in a house of ill-fame?	44
3. Circumstances to be learnt by the interrogation of competent witnesses	45
4. Circumstances to be learnt by anatomical dissection	45
Dissection of the brain and its membranes	46
Dissection of the contents of the thorax	52
Examination of the abdomen	60
Examination of the uterus and its appendages	67
Examination of the skeleton	73
Case of Thomas Bowerman	80
Abortion and Infanticide	84
Physiological Illustrations—Abortion	93
Physiological Illustrations—Infanticide	98
I. To ascertain whether the child was born alive?	100
A. Inspection of the body of the Infant	98
B. Phœnomena displayed on the dissection of the internal parts	107
Cavities of the mouth, œsophagus, larynx, and trachea	107
Thoracic cavity	108
1. A fœtus may breathe as soon as its head is without the vagina, and immediately die	113
2. The lungs may have been artificially inflated	115
3. The lungs may float, in consequence of putrefaction	116
The cranial cavity	121
C. The character of the spot on which the body was found	122
II. Whether, supposing the child to have been alive, its death was the result of natural causes, of wilful violence, or of negligence and abandonment?	122
Death by omission	123
A new-born child may perish by exposure to cold	127
Death by commission	127
Of Criminal Responsibility, and Pleas in bar of Execution	131
Of Punishments	147
Postscript	153
APPENDIX. PART I.
Statute 9 Hen. 5	1
Lordinance encontre les entremettours de fysyk et de Surgerie	3
Statute 3 Hen. 8, c. 11. An act for the appointing of Physicians and Surgeons	3
Statute 5 Hen. 8, c. 6. An act concerning Surgeons to be discharged of Quests and other things	5
Statute 14 and 15 Hen. 8, c. 5. The privileges and authority of Physicians in London	7
The Charter of Incorporation	7
32 Hen. 8, c. 40. For Physicians and their privilege	14
Statute 32 Hen. 8, c. 42. For Barbers and Surgeons	17
34 and 35 Hen. 8, c. 8. A bill that no common Surgeons, may minister medicines notwithstanding the Statute	23
1 Mary, c. 9. An act touching the Corporation of the Physicians in London	25
6 and 7 Will. 3, c. 4. An act for exempting Apothecaries from serving the offices of constable, scavenger, and other parish and ward offices, and from serving upon juries	27
Continued by 1 Ann, st. 1, c. 11	27
Made perpetual by 9 Geo. 1, c. 8, § 1	29
10 Geo. 1, c. 20. An act for the better viewing, searching, and examining of all drugs, medicines, waters, oils, compositions, used, or to be used, for medicines, in all places where the same shall be exposed to sale, or kept for that purpose, within the city of London and suburbs thereof, or within seven miles circuit of the said city	30
[This act has not expired.]
18 Geo. 2, c. 15. An act for making the Surgeons of London, and the Barbers of London, two separate and distinct corporations	30
55 Geo. 3, c. 194. An act for better regulating the practice of Apothecaries throughout England and Wales	52
A Royal Charter granted to the Apothecaries of London, 30 Maii, 13 Jacobi	71
Royal Letter to the College of Physicians. Charles R.	92
To our trusty and well-beloved the Lord Mayor of our city of London for the time being, and to the Deputy Lieutenants and Commissioners of the Militia of London and Westminster that now are and hereafter shall be, and to all other Officers and Ministers whom it may concern. Charles R.	93
College Questions resolved by the Lord Chancellor and Judges in the 5th of King James, his reign, An. Dom. 1607,	94
Concerning punishment and correction against offenders	96
Cases	98
Dr. Bonham’s case	96
Dr. Groenvelt, versus Dr. Burwell and others, Censors of the College of Physicians	119
William Rose’s case	127
Dr. Stanger’s case	131
Habeas Corpus, and Censors Warrant for commitment of Empirics	145
Dr. Burgess’ case	147
Dr. Winterton’s Letter to the President	147
Lilly’s Diploma. The license of Dr. Sheldon, Archbishop of Canterbury, granted to William Lilly, the Astrologer, to practice Physic, dated A. D. 1670	150
Order in Council, 26th July, 1809	151
King, v. College of Surgeons	153
Midwife’s Oath	160
Certificate of the College of Physicians concerning the Midwives of London	162
59 Geo. 3, c. 41. An act to establish regulations for preventing contagious diseases in Ireland. 14 June, 1819	164
14 Geo. 3, c. 49. An act for regulating Mad-houses	170
Report of the Select Committee appointed to consider the validity of the doctrine of contagion in the Plague, 14th June, 1809	185
Chorley, M.D. v. Bolcot, executor	187
Lipscombe, v. Holmes, Esq.	189
Slater, v. Baker and Stapleton, C. B.	189
Seare against Prentice	194
APPENDIX. PART II.
Severn, v. Olive	201
Two notes on the legal time for Human Birth, (from Hargrave’s Jurisconsult Exercitations)	209
APPENDIX. PART III.
The determination of the College concerning the questions proposed to them by the King’s Majestie about the death of Joseph Lane	225
Case of Standsfield. Edin. Dec. 1, 1687	227
Report of the Chirurgeons of Edinburgh on the same case	228
Report of the College of Physicians	229
Extract of the medical evidence in the case of Spencer Cowper, Esq. for the murder of Sarah Stout	230
Extract from the evidence of Doctor Anthony Addington, on the trial of Mary Blandy, at Oxford, 1752, for the murder of her father by Arsenic	236
Extracts from the evidence delivered on the trial of John Donellan, Esq. for the wilful murder, by poison, of Sir Theodosius Edward Allesley Boughton, Bart. at the Assizes of Warwick, March 30, 1781	243
Extracts from the evidence delivered on the trial of Robert Sawle Donnall, Surgeon and Apothecary, for the wilful murder, by poison, of his mother-in-law, Mrs. Elizabeth Downing, widow, at the Assizes at Launceston, March 31, 1817	277
The defence of Eugene Aram for the murder of Daniel Clarke	311

ERRATA. VOL. I.

Page [176], [note (a)] after Greenstreet and, insert Greenstreet.

Page [177], [note (a)] for majorum read magorum.

Page [235], [note (b)] for primes read primis.

Page [437], line 21, for violation read volition.

VOL. II.

Page 188, line 2, for Nicholls read Mitchell.