EVIDENCE FROM THE SITUATION OF THE WOUND.
It has been generally noted that suicidal wounds are for the most part confined to the front or lateral parts of the body; gunshot wounds of this character being found usually in the region of the heart, the face, and the temples. The presence of an injury to these parts is not necessarily indicative of suicide, but the existence of such injuries in other parts of the body is at least negative evidence of homicidal attempt. Moreover, Orfila has observed that it is not so much the situation as the direction of the wound which gives evidence for or against the presumption of suicide. The question has been raised whether it were possible to have a gunshot wound without external evidence. There has been recorded more than one case where a bullet entering through the open mouth has penetrated the brain without passing through the vertex of the skull and has killed instantly without leaving any external mark.
It is very necessary to establish, if possible, the direction of such a wound, and this may be coupled with a knowledge of the right-handedness or the left-handedness of the person who inflicted it, or may shed light in this way upon some personal peculiarity which may lead to the detection of the guilty person. Thus it is said of Sir Astley Cooper that in one instance he remarked that a certain wound could not have been inflicted except by a left-handed person, and that his observation led to the detection of the murderer. It has been stated that for the detection of the weapon or instrument used it should be placed first in one hand of the deceased and then in the other, while the other extremities are so manipulated that it may be clearly determined whether suicidal attempt were possible or no. There is ordinarily little difficulty experienced in distinguishing suicidal from accidental wounds. In the former case extraneous signs and circumstances point more clearly to the intent of the deceased than do, perhaps, the peculiarities of the wound itself. This is to be settled mainly by the evidence of those who find the body; in other words, by circumstantial evidence.
In suicides ordinarily one wound only is met with. At any rate, probably one only that has destroyed life. Consequently the presence of several wounds, each of which was necessarily fatal, constitutes almost conclusive evidence of murder, the strength of the same depending upon the necessary fatality of more than one of these. Thus it is hardly conceivable that a suicide should shoot himself through the heart and through the brain; the coexistence of two such wounds would be almost conclusive of homicide. The existence of multiple wounds is a rather strong presumption of insanity or drunkenness of the person who inflicted them. Men who kill when under the influence of liquor not infrequently inflict injuries enough to be several times fatal.
The coexistence of wounds made by cutting weapons, as well as firearms, is not unknown. These are occasionally suicidal, ordinarily they betoken murderous attempt. If suicidal the deceased will ordinarily be found to have been a lunatic.
But evidence is to be obtained also from signs and circumstances separable from the wound itself. Thus the position of the body may be such as to invalidate the theory of accident or suicide. The position of the weapon, too, is something to be noted with great care. Whether, for instance, this be firmly held within the hand of the corpse, or whether it had been simply placed there after his death; whether it be found where it would seem to have been most naturally dropped after its discharge, or found somewhere where it could scarcely have been placed or thrown by the deceased; whether it be found at such a point that it is clearly evident from other signs it could not have been dropped by the deceased, since death must have been caused too quickly for him to have traversed the intervening space.
EVIDENCE FROM THE WEAPON AND PROJECTILE.
Evidence of great value may be obtained often from the weapon itself. First of all, from the position in which it is found, as stated above; second, from a careful examination of itself. It should be noted whether there be any blood upon it, and whether this be so fresh as not to have caused any rust; whether it may possibly be so smeared with blood as to indicate a hand-to-hand conflict; or whether any part of the weapon may have been used as a club or bludgeon, as would be shown by the presence upon it of hair entangled in dry blood. When such blood is removed from the weapon it should be carefully examined with the microscope, since from the detection and identification of hair or fibres of fabric evidence of the greatest value may be adduced. Next it should be ascertained whether a weapon shows signs of having been recently discharged or whether it be evident that it could not have been so, and such determination of the time element as may be afforded by a study of this kind should be contrasted with that made after a study of the wound. If the weapon be a revolver or a repeating arm of any kind, it should be determined if possible how many cartridges or bullets have been fired, and whether at or about the same time, and this information should be compared with the evidences obtained from the body and from the room or locality in which the suicide or murder occurred. If, for instance, it be determined that three cartridges have been fired and but two bullet-wounds are found in the body, an examination of the room may show where went the third bullet. Next the calibre of the weapon should be noted and the weight of the ball which it discharged and its dimensions should be compared with any which may be found in or about the body. The weight of the bullets attached to cartridges of various sizes and makes is usually stamped upon the packages in which they are sold, or can readily be obtained from the makers of the same. A bullet taken from a body weighing after its removal more than do the other bullets undischarged in the weapon by which an injury is alleged to have been inflicted is rather presumptive evidence against the injury from that source.
Can a Bullet Lose in Weight between the Time when it Leaves the Bore of a Gun and its Discovery in a Body?—Here springs up a question upon which some very interesting evidence has been adduced in different trials. To discuss this matter completely the question should be divided into two, the first being:
Does a Bullet Suffer Loss of Weight during its Course through the Piece and the Air before it comes in Contact with the Body?—A personal letter received from Captain Charles Shaler, of the Ordnance Department of the United States Army, in reply to certain questions, tends to fully settle that a lead bullet suffers a certain loss of weight in the barrel due to the friction between the bullet and the bore; this is known as “leading” and varies according to circumstances. “Patching” the bullet is often resorted to in order to reduce the leading; lubrication is also practised. The fusing of a bullet takes place especially with lead bullets. A ball which has been partly fused in the bore will lose the fused portions in the bore or in flight, and will move irregularly on account of the resulting irregularity of form. A .45-calibre, 500-grain service bullet, lead alloyed with tin, was weighed without lubricant and was found to weigh 500.5 grains. It was then lubricated in the cannelures and was fired into a butt composed of three barrels placed end to end and filled with sawdust. Tho bullet was recovered, no lubricant being found in the cannelures, and re-weighed, the weight obtained being 485.5. The loss of weight was, therefore, 15 grains or three per cent, some of which may have been due to the bullet penetrating the sawdust. A German-silver “jacketed” .30-calibre bullet, weighing before firing 231 grains, fired without lubrication, when recovered and re-weighed was found to have suffered a loss of weight of one-half grain or one-quarter of one per cent. The other part of the main question is: