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HANDBOOK

OF THE PRACTICE OF

FORENSIC MEDICINE,

BASED UPON PERSONAL EXPERIENCE.

JOHANN LUDWIG CASPER, M.D.,

PBOFESSOH OP PORENSIC MEDICINE IN THE UNITEBSITT OF BEBLIN, ETC., ETC., ETC.;

FORENSIC PHTSlCIiN TO THE CO"KTS OF JOSTICIABT OF BEKLIN, AND MEMBEtt OF THE HOTAL CENTBAL

IIEDIOAIi BOARD OF PRUSSIA, ETC., ETC., ETC.

VOL. I.

THANATOLOGICAL DIVISION.

TRANSLATED FROM THE THIRD EDITION OF THE ORIGINAL BY

GEOEGE WILLIAM BALEOUR, M.D., Si. Andrews,

FELLOW OF THE ROtAL COLLEGE OF PHYSICIANS, EDINBDBOH.

THE NEW SYDENHAM SOCIETY,

LONDON.

MDCCCLXI.

Non hypotlieses condo, non opirdones vendito

quod vidi, scripsi.

Stoerk..

LONDON:

Printed by James "William Roche, 5, Klrby Street,

Hatton Garden.

AUTHOR'S PREFACE

TO THIED EDITION.

The rapid sale of the tliird edition of tlie " gerichtliclieLeichen"ff-nungen/'

originallygave occasion to the publicationof tliis work, the

ThanatologicalDivision of wliich, published first in October, 1856,

and reprintedunaltered in December, 1857, may be regarded as but

a new edition of the two former volumes; to this, in September,

1858, was added a BiologicalDivision, also equal in bulk to both

of the previous volumes. In a very few months it became evi-dent

that a new (third)and improved edition would be required,and in it the entire work is now for the first time offered to the

public in a complete condition."^

In this book, as in all my public lectures for the last thirty-six

years, I have speciallystriven againstthe prime failingof most authors

on forensic medicine, viz.,the separationof it from general medicine,

and endeavoured to purifyit from all irrelevant rubbish, which has been

so copiously accumulated in it by tradition, want of experience in

forensic matters, and therefore ignorance of theproper relation which

the medical juristbears to the judge, as well as mistaken ideas as to

the practical object of the science. No doubt much has alreadybeen done in this respect by the advance of general learningin the

course of by-gone ages. Questions, such as those we find treated of

* So great is the estimation, in which this most valuable work is held,

that it has not only been translated into French, Italian, Dutch, and now

into English, but a fourth edition of the original is already called for; and

the members of the New Sydenham Society lie under a deep debt of grati-tude

to Professor Casper for the very great kindness with which he under-took,

unasked, the great trouble of revising each sheet of the present

translation before it went to press, so as to bring it abreast of the very

latest German, edition, and ensure that, whatever may be its literarydefects,

it shall at least faithfullyrepresent the meaning of the author."

Teansl.

vi AUTHOR'S PREFACE TO THIRD EDITION.

in the older writers" as^

" Was Adam a hermaphrodite? "

oi,'^ Can

a woman be got with cMd by the dev" ?^^ are certainlyno longerto

be met with; bnt the echoes of real sophistries,in which the medi-

cina forensiswas so rich,contemptibly-crafty" ifs" and " buts/^ are

stillto be found lingeringeven in writingsof the most modern date.

The correct appreciationof a singlesimpledogma, which is as un-questionably

correct as it is to be unalterablymaintained,leads of

itselfto the necessary reform in treatingof juridicalmedicine. I

mean the dogma that a medical juristis" a physician" nothing

more, nothing less,nothingelse;and, as this simpledogma has

been grosslymisunderstood;to mate it still more plain,I again

repeat,he is a physician,and not"^ lawyer,"c. As a Technologist,

artist,or any craftsman,"c.,must hold his knowledgeor experiencein his art or trade at the service ofjusticein the interest of the com-mon

weal,so must the physician,and nothingelse is requiredof

him. What would be said,however, were a painter,summoned as

an expertto giveliisopinionin a supposedcase of fraudulent sale of

a pretendedEaphael,to proceedto lecture the court on the juridical

meaning of the word '^fraud,^'or on the ^^ objectof punishment,""c.?!

And yet,for many a day,nay, even yet the most recent text-books

for medical experts contain the most exhaustive discussions

upon the definitions,dol%s,culpa,"c., matters which lie altogether

beyond the provinceof medicine, with which the physicianhas

nothingto do, least of all in his forensic capacity.This erroneous

blendingof medical and legalideas and objectsis also combined

with another greaterand more consequentialerror in the practiceof

forensic medicine. 1 mean the tendencyto endeavour to obtain

strict apodicticalproof,such as was requiredby the practiceof the

older penalcourts,founded upon the ancient theoryof evidence in

the science of penallaw, with which juridicalmedicine has most

unseemlilyidentified herself.

Apart, however, from the facts" that the modern science of

penallaw and the practicein criminal courts have relinquishedthis

theoryof strictproof,"^thatwe have this strictproofreplacedby the

mental conviction of the Judge (orjury),attained by a consideration

of all the ascertained facts in their entirety.Apart from all tliis,I

demand in what other branch of generalmedical diagnosis,of which

the forensic is but a part,is such indubitable certaintyrequired,or

where can it be attained ? Prom this error arose that cursed seep-

AUTHOR'S PREFACE TO THIRD EDITION. vii

ticism in so many medico-legalmatters^wliicli has risen to sucli a

heightas to lead in many questionsto the completenegationof

forensic medicine and of the forensic physician.Let me refer to

the discussions regardingthe proofof respiration[docimasiajndmo-

naris),regardingpoisoning,doubtful homicide, "c. Whilst the

physician,in making his diagnosisat the sick-bed,collects and care-fully

weighsall the facts of the case, not onlythose afforded by the

stains praesens, but also everythingthat can be learned regardingthe

previousstate of health of the patient,and even his mode of life;

shall the same physicianin making liisdiagnosisas a judicialexpert

ignorethe past,enchain that which he most needs to make his

labours useful,his judgment,his sound understanding,his reasoning

powers, and confine liimself exclusivelyto the '' proof" afforded bythe natural objectat the time of his examination ?

Everymedical juristof actual experiencewill agree with me that,

with such views no progress can be made in forensic matters,that

in many cases, indeed,such as disputedmental conditions,disputed

homicide,"c.,it may be perfectlyimpossibleto arrive at a convinc-ing

diagnosis,without the knowledge of such circumstances as

actuallybelongto the medical consideration of the case, though theydo not come before the physicianat the time of his examination of

it. But such men, whose testimonyI appealto, are but few,for

from the nature of the circumstances the opportunityis but rarelyafforded of gatheringexperiencein the domain of forensic medicine,

and of making personalobservations in it on any great scale,it

ought,therefore,not to be taken as a reproachwhen I state the fact

that forensic medicine as representedin the medical periodicalsand

handbooks, particularlyof Germany, has been for the most part

treated of by men in whom solid scientificattainments,diligencein

compilation,and book-learningcould not compensate for the want

of personalobservation. I may name one deceased author who well

deserves to be mentioned before allothers on account of the extensive

influence he so longenjoyed,I mean Henke, who, as a most duigent

writer,has worked for forensic medicine as few others have done,

without,so far as I know, ever havingperformedone judicialdis-section,

stepped across the threshold of any prison,examined any

woman said to have been deflowered,investigatedthe doubtful

mental condition of even one criminal,or of a singlecase of malin-gering,

or ever havingstood as an expertbefore any court. *How

many of his predecessorsand successors have been and are in the

viii AUTHOR'S PREFACE TO THIRD EDITION.

same or a similar position! Confined to their desk alone the want

of personalexperiencecompelsthem to have recourse to previous

writers,,and to confirm,by " quotations" what could not otherwise

be proved,a method of treatment formerlymuch indulgedhi,parti-cularlyin German literature,but rated at its proper value,now that

medical science requireslivingexperienceand not mere compilationand book-learning.And this has provedanother copioussourcewhence many errors and erroneous dogmashave been introduced into

Juridicalmedicine ! P. Zacchias {Qucest.Lib. I.,Tit. II.,Q. YIII.)

not onlyproves by "quotations'^the fact (!!)that 8, 9, 12, 36, 72,

and 150 children have been born uno enixu; but he also "'quotes''the case of a Countess Henneberg, who is stated to have given

birth to 365 children at one time ; to this,however, he cautiouslyadds : ego judiciumahstineo ! Science,indeed, no longersuffers

from such absurd statements, but the no less nonsensical memoir,

which probablyfew that quote it have read : Luchia sine concuhitu,

inauguraldissertations,one or two hundred years old, which no

one in our century has read, and the like,are still quotedas

" authorities "" in the most recent handbooks of forensic medicine !

The reader is not to suppose that I am now referringto a mere

innocent and resultless paradeof learning; he may convince himself

of the reverse from my critiqueupon Ploucquet'slung test,from

the treatise on sexual crimes,on protractedgestation,on " morbid

propensities,""c., in which he will find most strikingexamplesof

errors of the utmost consequence which have crept into forensic

medicine and become current there solelyby means of quotationsand

their uncriticised employment.favoured by the possessionduringtwentyyears of a medico-legal

appointment,affordingvery extensive practicalopportunities,not

onlyfor personalobservation in medico-] egalmatters,but also for

collectingthe experienceof other medical men in their professionalintercourse with courts of law,I have endeavoured in the production

of this work to confine myseK as far as possibleto my own personal

experience,making use of that of others as sparinglyas possible,and

that only from the most trustworthysources, preferringopenlyto

confess my own want of experiencein any matter where it has been

insufficient. Public criticism has confirmed my hope,expressedat

the firstappearance of this work, that somethingnovel and peculiarly

my own would be found not onlyin its generaldesign,but also in

many of its component chapters,as for instance,in those chapters

AUTHOR'S PREFACE TO THIRD EDITION. ix

\^liicTitreat of abilityto gaina liveliliood or to suffer imprisonment,of disputedsexual relations,of protractedgestation,of superfoetation,of the clironologicalsuccession of the phenomena of putrescence,of

injuries,poisonings,and burns,of medical responsibilityin regardto

treatment,of my extended series of experimentsupon the dead body,

"c.,and in the entire treatment of the psychologicaldepartment.The latter in particularat its firstappearance seemed to requiresome

justificationwhen contrasted with the mode in which this subjecthad been treated by professedalienistes and the authors of the text-books

of Eorensic Psychology,especiallyby some of them. In it I

have intentionallyavoided all purelyspeculativephilosophicaldis-cussions,

as well as all purelynosologicalor legalinquirieswith

which the tenor and the objectof forensic medicine has no concern,

and which only serve to increase the darkness and confusion of

which practitionersseekingfor instruction so constantly,and with

rightcomplainin regardto the usual mode of treatingforensic

psychonosology.I have seen, however, with much satisfaction,

that my views regardingthe treatment of this question,and the

uselessness and hurtfulness of a too minute subdivision of mental

affections for judicialpurposes, are now in completeunison with

those of the best of our modern alienistes,men of mature experience.It is a further peculiarityof this book, that I have omitted from it

allpurelysurgicaland physiologicalquestions,for instance,all dis-cussions

regardingthe mortalityof injuriesof the various organs,

the doctrine (neverheard of in ford) of the various ages of man^s

life,"c.,because these are allquestionsof generalmedical science,and

have,therefore,been longwell known to the medical jurist.Forensic

chemistryI have also excluded from the limits of this work, not onlybecause there alreadyexist so many excellent monographs upon this

subject,but also,that I might shun the failingof most of the home

and foreignhandbooks, in which toxicologyis permittedto occupy

such an unseemlyamount of space, as if questionsbelongingto it

were those that most frequentlyoccurred inforo,whilst theyactuallyare relativelyof but rare occurrence, and in their treatment, more-over,

the medical juristis both by law and custom allowed the

assistance of a professedchemist.

In regardto one importantitem of the book, the collection of

illustrative cases, I may remark, that in the first two editions,the

BiologicalDivision contained 195 cases, and the Thanatological346.

The present(third)edition has been in this respectmateriallyen-

X AUTHOR'S PREFACE TO THIRD EDITION.

larged;since 26 new cases liave been added to tlie Biological

Division,and 64 to the ThanatologicalDivision)exclusive of 25

cases incorporatedwith the text of the latter),many of these cases of

the utmost importance.On the other hand, 10 of the previous

cases of minor importancehave been suppressed,so that now the

entire work contains 231 judicialcases investigatedduringlife,and

400 cases investigatedafter death. Most of these medico-legaldis-sections

have been observed along with me by my pupils,amongwhom there are constantlymany very able and highly-educated young

physicians,and this fact I have a perfectrightto adduce as addi-tional

securityfor the truthfulness of my illustrativecases.

In strivingto giveto this work the form of a Clinical Treatise

on Forensic Medicine,I have carefuUyendeavoured in selectingaU

the cases to pay specialattention to the specificinterest possessedbyeach individual case in relation to the questionunder consideration.

!From the great number and manifold combinations in the cases,

analogieswill probablybe found amongst them, bearingon the

practicaltreatment of even the most difficultcases. To this end I

would willinglyhave doubled the number of cases, if a regardto

the size of the work had not set bounds to my wishes.

The text of this tliirdedition has also received importantadditions,

and this particularlyin the ThanatologicalDivision,almost every

chapterof which has been altered. The materials for tliishave

been contributed partlyby my own continuous investigationsand

experiences,partlyby a consideration of the views suggestedbyvarious authoritative reviewers of the former editions,which I have

thankfullymade use of,so far as theywere consistent with my own

convictions ; partly,finally,by the additions to science,up to the

goingto press of each individual sheet of the work. Thus, specialadditions have been made to the observations upon the occurrence

of spermatozoa,upon tattooing,on the relations between the size

and weightof new-born children,and on the centre of ossificationin

their femoral epiphysis,and on the artificialpost-mortem productionof the mark of a strangulatingHgature. The followingchaptersare

partlynew and remodelled,partlymuch enlarged; those upon via-bility,

protractedgestation,mummification,the diagnosisof blood-stains

and hsemin crystals,on gun-shotwounds, burns, poisonings,

ruptureof the coats of the carotid arteries (inpersons hanged),the

analysisof the blood after poisoningwith carbonic oxide gas, on the

prerespiratorymovements of deglutition,the injuriesto the foetus in

AUTHOR'S PREFACE TO THIRD EDITION. xi

utew, the hydrostatictest, "c. My treatment of tlie questionof

malaprasishas been much misunderstood. Nothing is easier than to

attack every possiblemode of viewing the matter. Amongst those

critical attacks which were worth regarding,I have not been able to

discoverany positiveopinionopposed to mine, for which, had it been

anythingtenable,I would have gladlyexchanged my own. I have

thankfullymade use of a few hints received chieflyfrom writers on

criminal law, and trust I shall have given occasion to fewer mis-understandings

in my present treatment of the subject. In spiteof

careful weeding of the text, and great economy in printing,the addi-tions

to both volumes of this edition have amounted to more than six

sheets,for wliich the publisherhas not, however, raised the price.

Only the statutorydefinitions of the Prussian statute books are

given in extenso, regardhas, however, been had to the definitions of

other statute books, particularlyGerman ones. Since, however, the

definitions of all the more recent statute books,particularlythe Penal

Codes, under- the various heads with wliich we are concerned, are very

similar to those in the Prussian statute books, it would be an

unjust reproach to call this a handbook of " Prussian" forensic

medicine, justas much as it would be to call the Englishand Prench

text-books on the subject,treatises on English or Prench science,

because theyhave specialreference to the laws of their own country.The attempt to give coloured representationsof medico-legal

objectsto supplement the necessarilyimperfectdescription,was a

novelty; the receptionwhich my Atlas, now increased by one plate,

has received from the pubhc, has proved that it has suppHed a

desideratum.

A similar idea may indeed be entertained of the whole Handbook,

to judge from the rapid and extensive sale it has met with at home,

and the numerous translations which have been made of it. I have

endeavoured to prove my gratitudeby the careful manner in which I

have revised this third edition.

CASPER.

Beelin, April, 1860.

CONTENTS.

INTRODUCTION.

Page

" ]. Origin of the word " Obduction "

. . .

1

" 2. The dead body. . . .

.4

PAET PIEST.

Object of the examination of a dead body . ..6

" 3. General statement. . . .

.6

CHAPTER I.

On the viability of a child. . . .

.7

" 4. Definition of the term. . .

.7

" 5. Of monsters. . . .

.11

CHAPTER IL

Supposed period of death." Survivorship

. .

.14

" 6. General statement. . . .

.14

" 7. Signs of death. . . .

.17

" 8. Continuation of the subject. "External hypostases

.19

" 9. Continuation."

Internal hypostases. .

.21

" 10. Continuation."

Internal hypostases. .

.22

" 11. Continuation." Coagulation of the blood after death

.23

"12. Continuation."

Cadaveric rigidity. .

.28

"13. The process of putrefaction. . .

.30

" 14. Subjective or internal conditions which modify the putre-factive

process . . . ..31

" 15. Objective or external conditions which modify the putre-factive

process. " a. Air. . .

.34

" 16. Continuation."

h. Moisture, . .

.35

" 17. Continuation." c. Warmth

. . ..36

" 18. Comparison of the phenomena of putrescence according to

the media. . . .

.37

" 19. Chronological succession of the phenomena of putres-cence.

" Externally. , .

.38

xiv CONTENTS.

Page

" 20. Continuation. " Saponification . ..41

" 21. Continuation. "Mummification

. ..42

" 22, Chronological succession of the phenomena of putres-cence." Internally . . .

.44

CHAPTER III.

Determination of the cause of death. . .

.56

" 23. General. . . . .

.56

" 24. Of the kinds of violent death. . .

.58

PART SECOND.

Period of the examination of the body . . ..61

" 25. Suitable and unsuitable time. . .

.61

" 26. Late autopsy." a. Ina putrid state of the body . .62

" 27. Continuation. " h. After the completion of an autopsy else-where

. . . . ..63

" 28. Continuation." c. On disinterred bodies and fragments of

bodies. . . . .

.66

; PAET THIED.

Nature of the examination of the body . . ..83

Regulations for the performance of the medico-legalexamination of

human bodies. . . . .

.86

I. General directions. . .

.86

II. Proceedings at post-mortem examinations.

.87

III. Framing the protocol and report . ..92

CHAPTER I.

External inspectionof the body . . . ,.95

" 29. Inspection of the dead body. . .

.95

" 30. Continuation.-^Anormalities of the body." (a)Products of

disease. . . . .

102

"31. Continuation." (i) Of scars. , . .

102

"32. Continuation. " (c) Of tattoo marks. .

.105

" 33. Continuation. " {d) Injuries. . .

.109

CHAPTER II.

Inspectionof the weapons . . , . ,127

"34. Classification of weapons ....127

" 35. Sharp weapons . . . . .127

" 36. Blunt weapons . . . ,.131

CONTENTS. XV

Page

" 37. Firearms. . .

". . .

134

'

"38. Instruments capable of producing strangulation.

.136

" 39. Doubtful blood-stains on weapons . . .138

" 40. Continuation. " Chemical examination of blood-stains.

145

" 41. Of the nature of the weapon, and the mode in which it has

been employed by the accused. .

.147

CHAPTER III.

On the inspectionof articles of clothingand other matters.

195

" 42. General statements.....

195

"43. On the investigationof blood-stains. . .

196

" 44. Investigationof stains of ordure. . .

203

" 45. Investigationof stains of semen. . .

204

" 46. Investigationof stains of sulphuricacid on stuff's.206

CHAPTER IV.

Internal inspection." (Dissection) ....208

" 47. Practical part of the dissection. " (a) Cranial cavity .208

" 48. Continuation. " (6) Neck and thorax. . .

209

" 49. Continuation. " (c) Abdominal cavity . , .210

CHAPTER V.

Minute of the examination of the body (obductionsprotokol).

212

" 50. Form and contents.....

212

" 51. Continuation. " The summary opinion , . .215

CHAPTER VI.

The report of the examination of the body (obductionsbericht).223

" 52. Form and contents.....

224

" 53. Continuation, " The written reasoned opinion . .226

" 54. Revision of the opinion and sequence of the technical courts 233

SPECIAL DIVISION.

PART FIEST.

Forms of violent death..... 236

" 1. General. " (a) Definition of an injury. . .

236

" 2. Continuation. " (b)Fatal character of the injury . .237

" 3. Continuation. " (c) Of the organ injured. . .

240

CONTENTS.

Page

" 4. Continuation."

{d) Idiosyncrasy and accidental circum-stances

. . . .

.241

CHAPTER I.

Deatli from fatal mechanical injuries

" 5. General

" 6. Experiments on the dead body

" 7. Effects of mechanical injuries.

" 8. Illustrativecases

" 9. Suicide or homicide ?.

244

244

244

249

249

263

CHAPTER II.

Death from gun-shot

"10. The gun-shot wound

" 11. Continuation

" 12. Experiments on the dead body

" 13. Illustrative cases

" 14. Suicide orhomicide?

" 1 5. Illustrative cases

.

265

.

265

.

268

.

271

.

272

.

281

.

286

CHAPTER III.

Death from burning......

295

" 16. General, and diagnosis....

295

" 1 7. Experiments on the dead body."

The production of vesica-tion

after death.....

299

" 18. Who is to blame, theperson himself, or another.

"

Sponta-neous

combustion. . . .

302

" 19. Illustrativecases

.....

307

INTEODFCTION.

" 1. Origin of the Woed "obduction."

It is only within the last two centuries that the use of the word

ohductio has become general amongst practicaland scientific men, the

expressions formerly employed in the same sense having been in-

spectlo,Sectio, or dissectio cadaveris. In a former work,* I inquired

how it happened that a Latin word signifyingto veil,to conceal, to

cloak, to obscure, or to cover (as with a curtain), had come to denote

an operation having for its object thevery reverse, viz., to open up

and bring to light,and having since then been favoured with the

views and explanations of several distinguished philologistson this

point, I select from them the following, as being the most im-portant

: "

1. ''According to Heyse's Dictionary of Foreign Words,t

obducere was employed by the older Latins to signifyto uncover, or

open. Nonius Marcellus de compendiosa doctrina per literas ad

filium, Cap. iv. (p. 246, in the edition of Gerlach and Roth), ex-plains

obducere by aperire, appealing for proof to the following

sentence from Lncilius, XXIX., vos interea lumen adferte atque aulcea

obdiicite. And should this be the correct explanation of thispassage

of Lucilius, the medico-legal significationwhich has become attached

to the word obductio can no longer seem extraordinary."

2. My distinguished colleague in the University, Professor

Boeckh, in opposition to this, thinks, on the authority of a passage

* Gerichtliche Leichen"ffnungen. Erstes Hundert. Dritte Auflage. Ber-lin,

1853, s. 3.

t Fremdw"rterbuch. 9 Auflage, s. 513.

P B

2 " 1. ORIGIN OF THE WORD "OBDUCTION."

in Plautus,that obducere was probablyiised at firstonlyto signifytlie " bringingforward "

or" production" of tbe dead body.

3. Anotber linguistsays, "An appellationis derived either from

some principalor accessory circumstance,and if we wish to trace

its originwe must keep to the most usual significationof the word

employed. Por, so far as I know, it is never the rarer, but alwaysthe more common meanings of Greek or Latin words that are or

have been made use of to express modern ideas. This view

makes the signficationofferre,afferre,which Boeckh advocates as httle

probable as the aperirepreviouslypropounded, although, no

doubt,ob in compositiondoes convey the idea of towards or opposite

to, as in offerre.The presence of the word aulaa in the quotationfrom Lucilius,makes it,moreover, but doubtful proof,for we know

that the ancients said ' aidatimmiUitur,'the curtain rises ;"and when

we say' the curtain falls,'theyused the expression' aulaum tollitur.'

And besides,the aperireof Nonnius may be but a misprintfor

ojrjerire.We must, therefore,hold fast to the more usual signification,*' to veil." It would perhapsseem a little farfetched to call the

principalcircumstance,the examination of the 'body,' a veilingor

coveringof it,'in oppositionto ' aperire'a making plainor recognis-able

j but to this we may retort,that the obduction,when this is a

Sectiorenders the bodymore or lessunrecognisable" figuratively,veils

it. A more probableexplanationmay, however,be found ; but for this

we must turn to the accessory circumstances,from which so often

appellationsare derived,particularlyin euphemisticexpressions,as in

the use of the word efferre" to bringto rest, instead of the more

correct expression,Jmmare, to cover with earth,to bury; the German

bestatten (to carry to the grave),instead of begraben(tointer).If,

now, in the case of the word at presentunder consideration,we

assume its opposite,viz.,producere, proferre,the matter becomes

clear at once. Previous to the legalor medico-legalinspection,the

body of the unfortunate deceased liesexposedto all,it is,as it were,

necessarilybroughtbefore all" producititr.But this ends,when

the officials,jurists,and physiciansappear, to whom alone the

matter belongs. The body is then provisionallyremoved from view,

if not by curtains or coverings,yetjustas reallyby the forthcomingof the ofiicials. It is no longerproduced,but speciallyobduced "

concealed;it is no more brought before the public,but removed

from them. If to this we add,that the body,when found,is usually

broughtfrom without,and for convenience of further examination

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4 " 2. THE DEAD BODY.

" 2. The Dead Body.

StatutoryRegulations.

Penal Code of the Prussian States, 1851, " 186. Wlio-

ever huries or in any other way disposesof a dead body,without the

knowledge of the magistrates,is liable to a fine of two hundred

dollars ("30) or to imprisonmentfor not more than six months.

If a mother bury,or otherwise disposeofthe dead bodyof her ille-gitimate

child,without firstacquaintingthe magistrate,she is liable

to imprisonmentfor not more than two years.

Previous to the publicationof the New Penal Code, there was no

need to inquire.What is a dead body? But now, that the clandes-tine

disposalof the most immature foetus is threatened with punish-ment,this questionis sure to arise whenever a mother has thrown

aside her three or four months^ foetus,because upon the answer givenmust dependwhether an officialinvestigationtake placeor no. In

fact,I myselfhave several times had to answer this singularques-tion,

and it has also been asked at sundryother times and places,and will be so again. To such a question,a medical man can onlyreply,that a dead (human) body is a dead human being. And

there can be no doubt, that in ordinarymedical language,a dead

foetus is a dead body,and this all the more, that in case of disputeit would be difficultto say what else it was ? The SupremeCourt of

Justice has, however, in its decisions,repeatedlygiven a different

opinionfor the guidanceof jurists.Proceedingon the supposition,that that cannot be dead which has never lived,and could not live.

The EoyalOber-Tribunal has in one case pronouncedthe following

judgment:"

" The meaning of the expression'dead body,'can onlybedetermined with relation to the practicalpurposes of the law,and the

ordinaryacceptationof the term, and, therefore,the viabilityof the

child must in every case be ascertained before the term dead body can

be appliedto it.'' A.nd,in a second case, it has decided,that " inas-much

as a foetus born at the fourth or fifthmonth, and provedto be

unviable,as has been established in the case in question,cannot be

regarded,either accordingto ecclesiasticalusage or civil law, as a

useless word, I shall hencefortli replaceit by its equivalents" Examination

"^Dissection " Autopsy" Medico-legalexamination, or Inspection of the

body." Than SL.

" 2. THE DEAD BODY. 5

dead body to which the directions and regulations respecting burial

are applicable, therefore, also the punitory enactment, " 186 of the

penal code, is not applicable to this case.""^ The legal view of the

matter does not thereforeso

much regard the vegetative-organic life

which the foetus had in utero, aswhether it possessed a capacity

for maintaining a separate existence"

whether, in short, itwere

viable. Only after this period has been attained, is, according to our

superior courts of law, adead human being to be considered

adead

body. This isa

most important point, andwe

shaU. return to it,

whenwe come

to consider the evidence of life afforded by the hydro-static

test.

* S. Groltdammer, Archiv f"r Preuss. Strafreclit, i. 4 h.eft.s.

571;

and

for the correct estimate of this view, ibid. 3 heft.s. 396.

PART FIRST.

OBJECT OF THE EXAMINATION OF A DEAD BODY.

" 3. General Statement.

The medical inspection ofa

humancorpse may

havea

threefold

object. 1. To establish the live birth and viability ofa

new-born

child, where bothare

doubtful. 3. To ascertain the unknown period

at which the death occurred. 3. To determine the unknowncause

of death. Taken singly, the last is indubitably the most usual and

most frequent object of the examination, but the first alsovery

commonly occurs,"^ while the necessity of determining the period of

death from the post-mortem appearances,though not

so frequent,

yet presents itself sufficiently often to the medical jurist. And in-stances

involving two of these questions, andeven

aU the three, in

thecase

ofone

body do alsooccur.

We must consider each

separately.

* In Berlin (and probatly in all large towns) new-born children form

fuUy one-fourth, of all thecases

of medico-legal inspection.

" 4. ON VIABILITY. T-

CHAPTER I.

ON THE VIABILITY OF A CHILD.

" 4. Definition of the Term.


General Common Law. Part II.,Tit. 2, " 2. In oppositionto-.tJie legalhypothesis{that every child horn in lawfulmatrimonyi^,the child of the husband),no allegationof the husband can be re^.

ceived,unless he can convincinglyprove that he has had no matrimo^

nial intercourse with his vnfe between the 302nd and 210^5/^ dayspreviousto its birth.

(Rhenish) Civil Code. Art. 312. The husband may deny the

paternityof the child,where he can prove that it was physicallyim-possible

for him to have had matrimonial connexion with his wifewithin the 300th and 180?^^ dayspreviousto its birth.

Statute of 24tli April, 1854. " 15. He is to be deemed the

father of an illegitimatechild,who has been proved to have had

connexion with its mother, between the Z'^bth and 210 th dayspreviousto its birth.

General Common Law. Part I.,Tit. 1, " 17. Births without

human form or appearance have no claim to family or civil rights-,

" 18. In so far as such monsters live,theymust be nourished,and as

far as possiblepreserved.General Common Law. Part. L, Tit. 9, " 371. Should the

succession to an heritagedepend upon the possiblelive birth ofa foetusyet unborn, at the death of the previouspossessor, this event

must be waited for.Ibidem. Part L, Tit. 12, " 13. The live birth of a child is to

be held proven, when it has been heard to cry by witnesses of unim-peachable

veracitypresentat its birth.

(Rhenish) Civil Code. Art. 725. " 2. " child which is not

VIABLE at birth,8^c.,cannot inherit.

8 " 4. ON VIABILITY.

(Rhenish) Civil Code. Art. 906. " Nevertheless,the bequestor

testament shall onlyhe in forcewhen the child is horn viable.

A new-born child is presumed to be viable when, from its

maturity,and the formation of its organs, it seems to possess the

capacityfor maintaininga separateexistence," i. e., of probably

attainingthe average term of human existence.

Both conditions must, however, coexist. A well-formed foetus at

the fifth month cannot, in the foregoingsense, be supposedto

possess the capacityfor maintaininga separateexistence,nor, in

like manner, can this be said of a tenth month's foetus afflictedwith

congenitalectopiaof the thoracic organs, atresia of the rectum, or

the like.

A short lifeof minutes or hours ishere purposelyexcluded. This

opinioncoincides with that of several distinguishedjurists," e. g.,

Mittermaier in his new work [Arch.d. Crim. Rechts., Bd. vii.,1.

s. 318), and Edward Henke {Handb. d. Gim. Rechts.,ii.,s. 58),

who even regardsa lifeof several days as of no consequence, when

the child is not trulyviable ; whilst other well-known lawyersmain-tain

an oppositeopinion,and hold,that if the child have lived onlythe shortest possibletime after its birth,it is to be regardedas

viable,and to be possessedof all the privilegesof such a cliild,as

regardslegitimacy,inheritance of property,"c. Moreover, the very

statute books differ one from the other, for whilst the Prussian

Common Law (quotedabove),onlyrequiresproofof the child havingbeen horn alive to ensure its succession,the civil code and the

statute books formed afteritsmodel, such as the Sardinian {CodeCivil,

iii.,2, 705), requirealso that the child must be viable. But the

medical juristmay leave all such juridicalquestionsto the lawyers,and rest contented with the medico-legaldefinition alreadygiven,

knowingthat no physicianin the world would say that a child born

in the fifthmonth, or even a mature child born with completeocclu-sion

of the oesophagusor the like,even if it have breathed a few

times, or lived for a short while,could yet maintain a separateexistence. If in any individual case the judge,for judicialpurposes,

may desire to know if the child,which the physicianhas declared

non-viable,have lived,he will easilybe able to obtain the requisiteinformation. " ^There seems to me, however,to be no doubt, as to

the answer to the questionhow far congenitalmalformations,which

may be remedied by art,exclude the suppositionof viability? This

questionhas been recentlyvehementlydiscussed in the Trench

" 4. ON VIABILITY. 9

Academy, and Robert lias maintained tlieopinionthat a cliildmust

alwaysbe declared to be viable,even if it have a congenitalmal-formation,

necessarilyfatal if let alone,but -whiclimay be remedied

by operation,even should that be dangerous,and experienceshow

that its results have been but rarelyfavourable,and much more so

should the congenitalmalformation,necessarilyfatal if let alone,be

remediable by some simpleprocedure,such as a puncture throughthe merelycuticular occlusion of the rectum, or throughthe prepuce.

Trousseau and Devergiemost justlydecidedlyopposedthis view.

Bobert^s example of congenitalabsence of the rectum, which has

been successfullyremedied bythe formation of an artificialanus in a

few rare cases, affords a most strikingexampleof the practicaluu-

tenableness of his position! The productionof such views in court,

would open up at once the old contest about the so-caUed degreesof

lethahty[vid.Spec.Div., " 2),would revive the questionof acci-dental

lethahty,and lead to vexatious discussions about proper and

impropermedical treatment. In such a case the social positionof

the parents,their abilityto procure the best medical advice imme-diately

after the birth of the child,the ?kiU and boldness of the

operator,the possibihtyof an efficientafter treatment, "c.,would aU

conduce to establish a difference in the viabilityof the children of

rich and poor parents,of dwellers in the city,and of dwellers in the

country,"c., and aU these pointswould be justso many sources of

disputebetween the parties.For the same reasons itseems hazardous

to reckon, as some Trench authors do, as a third condition of non-

viabihty,such diseases as the child may bringinto the Morld with it,and which are mostlyfatal.

Accordingto most' of the modern penalcodes (exceptthose of

Prussia and Wurtemberg), the murder of a cliild non-viable from

immaturity or fatal maKormation is onlyaccounted an attemptto

murder. The Prussian code does not recogniseany non-viable

children,the word viable not beingfound in the statutes. And it

would thus at firstsightappear that the medical juristneed not

trouble himself at the inspectionwith the criteria of viabihty.But

as, on the one hand, it is evident ("2.)that in certain conditions,

accordingto the authentic interpretationof the statutes concerned,it may certainlybe necessary for the attainment of the judicialobjectto ascertain and determine the viabilityof the child ; so on the other,the civilcode (asquoted)contains certain definitions respectingthe

viabihtyof a child,which may possiblyrequireto be considered in

10 " 4. ON VIABILITY.

tlie course of tlieinquiry,thouglino likeliliood of this may appear at

the time of the examination of the body. Now, as ever, therefore,

the criteriaof viabilitymust continue to form part of the medico-legal

inquiryin the case of the body of any new-born child. And

with reference to this,the presumedage of the foetus is certainlythe

most importantquestion.Congenitaldefects of so importanta

character as of themselves to render a continuance of lifeimpossible,

are of extremelyrare occurrence, and are then so self-evident,that a

doubt as to their importancecan scarcelyarise. As regardsthe uterine

age of the fcetus,the ancient medical strife about the limits of via-bility

has, fortunately,had statutorybounds set to it,*so that

discussions on that pointhave now onlya scientificvalue,and are

no longer of practicalutilityto the medical jurist,who has now

solelyto determine if the foetus have attained the legalterminus a

quo the viabilitycommences. The periodof 180 days(sixcalendar

months) fixed by the Rhenish statute book, althoughit have the

authorityof the Hippocraticwritingsin its favour,is in no respect

so consonant with nature as the periodof 210 days(30 weeks or 7

* We feel necessitated so far to expound the statutes :" If their object

he, as the lawyers have said,solelyto determine the probablefather of the

child,then it is not easy to see why the 210th day should have been pitched

upon and placed alongside of the 280th. That, however, the statutes

thereby intended to define that foetal age at which the child is fitted for a

separate existence,which is our opinion,is convincinglyproved, amongst

other things,by the regulationsof the obsolete Prussian penalcode (GeneralCommon Law, Part IL, Tit. 20, ".958),accordingto which a "perfect,"that is, a "perfectlymature" child,and "

a foetus which is alreadymore

than 30 weeks old" (thatis,more than 210 days) "are to be looked upon as

the same." In respect to the pointing out of such a terminus a quo from

which to reckon viability,the Roman law, with its 182 days (accordingto

Hippocrates),has long been in the van. How wiselythe lawgivers have

acted in setting determinate bounds to the opinionsof each individual

physician,will be acknowledged by every one at all acquaintedwith the

chaos of fabulous tales on this head extant in both old and new collections

and compendiums of Medical Jurisprudence. I need only now refer to the

well-known case of Fortunate Liceti,who attained the age of 79 years, and

is said by one author to have been born at four months and a-half,byanother at five,and by a third at six months, to have been at birth only a

span long,and to have been preserved,and, as it were, hatched in an oven,

as the Egyptians do chickens ! ! I am well acquaintedwith the few well-

autheuticated and carefullyobserved cases, particularlythe deservedlyfamous one recorded by D'Outrepont. But these few scattered observations,

amid the great majorityof cases, form rare exceptions,which but confirm

the rule.

12 " 5. OF MONSTERS.

of Prussia,with itsnegativeregulations.Por example,our penalcode

no more recognisesa monster than it does an unviable child. A

dead monster can, therefore,accordingto the legalinterpretationof

the term ("2.),be no more recognisedas a "dead body" than a

foetus unviable from any other cause. We cannot avoid seeing,however, why a difference should be made between the two.

Both the followingcases of monstrosityhave givenrise to legalexamination. The firstoccurred while the old penalcode remained

in force. The second is doublyinstructive]first,as an exampleof an extremelyrare form of congenitalmonstrosity,and second,

because it affords a strikingexampleof a new-born child being,in

spiteof the most normal ''human form and appearance,"yet a

monster in the sense alreadyexplained.

Case I." A Beainless Monster.

This case was that of a female anencephalousfoetus. Absence of

the occipitalbone allowed the cerebellum to hang down in its

membranes at the back of the head as a bloodytumour, the size of

a turkey-egg,in which, however, brain-matter was discernible. A

portionof brain pap layin an anormal cavityfound by expansionof the firsttwo cervical vertebrae. The shapelesshead was deeplysunk between the shoulders,the dermoid tissues coveringthe cliin

adhered to those of the chest, so that a proper neck was absent.

There was also a sjjhiabifidaof the whole canal down to the sacrum,

and serous effusion into the thoracic cavity.

Case II." Congenital Diapheagmatic Heenia.

This case was that of a remarkablywell-formed and perfectlymature male child,which had notoriouslylived four hours, and

was supposed to have died of hemorrhage from neglectof the

midwife. Indeed, the linen coveringthe child was much stained

with blood,the whole body was of a waxy-white,and the hps pale.

Immediatelyon openingthe thorax,the unusuallydeep positionof the diaphragm" between the eighthand ninth ribs," attracted

attention. The rightliaK of the diaphragm was then seen to

be deucient. In its centre, a triangularopening,bordered by a

white, almost cartilaginousrim, in which a part of the rightlobe of the liver lyingin the thorax had got strangulated."With.

" 5. OF MONSTERS. 13

tlie right lobe of the liver there lay also in the right thorax several

cous of the colon, which completely filled it,* these were empty,

but the rest of the gut lying in the abdomen wasdistended with

meconium. Behind these abdominalorgans

in the thorax, lay the

right lung, firm in texture, of aclear brown colour, and not larger

than a bean, affording proof of at how early a period of uterine

hfe the hernia had occurred. The liver, spleen, and ascending vena

cavacontained

afair amount of blood, proving that no very con-siderable

haemorrhage could have occurred. The heart wasremark-ably

flat and broad, empty of blood, but normal internally.

The accused midwife declared that the cliild was quite livid when

born, and lookedas

if it had been "dipped in indigo." Of

course we gave as our opinion that the child was not viable, and

had died from congenital malformation and not from haemorrhage.

The results of the docimasla pulmonaris in this remarkablecase

were extremely interesting. I have abeady described the condition

of the right lung. The left lung wasof a

brown colour, marbled

with bright red. Both lungs and heart weighed only 1 oz. and

13"7 grains imp. ;without the heart they weighed but 6 drachms,

23'93 grains imp. ;with the heart both lungs floated

; separated

from it, the left floated perfectly, while the right sank under water

all but two little pieces. As might have been expected, incision of

the left lung alone was followed by escapeof bloody froth and audible

crepitation,t

* Not only are cases of congenital diaphragmatic hernia extremely rare,

but its occurrence on the right side is astill more infrequent occurrence.

f A precisely similar case of congenital diaphragmatic hernia on the left

side is related by Mecklenburg, inmy Vierteljahrschrift, vii. s. 160.

14 " 6. SUPPOSED PERIOD OF DEATH." SURVIVORSHIP.

CHAPTEE II.

SUPPOSED PERIOD OF DEATH." SURVIVORSHIP.

Statutory EEauLATiONS.

General Common Law. Part I.,Tit. 1, " 39. If two or

more men lose their lives in a common mischance, or else so nearlyat one time that it cannot he ascertained which died first,it shall

he assumed that no one ofthem survived the others.

Civil Code. Art. 720. Where several persons, some of whom

are reciprocallythe heirs of each other,perishhy the same mischance,

so that it cannot he ascertained which died first,the survivorshipis to

he determined hythe circumstances of the case, and in defaultofthese,

accordingto the vigourof the differentages and sexes.

Art. 721. When those,who have perishedtogether,were under fif-teen

years of age, the presumption is that the oldest was the longest

liver. When they were all ahove sixty,the presumptionis that the

youngestwas the longestliver. When some were under fifteen,and

others ahove sixty,the presumption is that thefirstlived longest.

Art. 722. When those who have perished togetherwere fully

fifteenyears ofage, hut were under sixty,the presumptionis that the

male has heen the survivor,providedthe age has heen similar,or that

the differencehas not exceeded one year. If theywere all of the

same sex the presumptionis that the survivorshiphas heen that usual

in the course ofnature, viz.,that the younger persons have survived

the older.

" 6. General Statement.

In discoursingon the objectof the inspection^the questionof

the probabletime at which the death occurred has not usuallybeen

touched on by most authors. Others refer to it onlyin relation to

the questionof survivorship.This^however, is a great defect,as

every experiencedmedical juristmust often have felt. For it fre-

" 6. SUPPOSED PERIOD OF DEATH. 15

quentlyhappens that tlie presidingjudge at the termination of an

inspection,desires to know the probabletime of the death? the

answer to tliisquery beingoften,in the case of men longmissing,and then found dead, and in that of new-born children,of the

utmost importance. In a case of robberyattended by murder, an

old woman was the victim,and at the inquest,the traces of the

guiltyperpetratorwere, as often happens,quiteobscure. She had

certainlybeen seen ahve and in health on Saturdayevening,and had

been found murdered earlyon Monday. Suspicionattached to

several men, some of whom were in the habit of traffickingwith

this lone-hvingwoman in the evening,and others earlyin the

morning, and it was important to ascertain,whether she had

been murdered late on Saturdaynight,on Sunday morning, or

on Sunday evening,in other words, at what time did her death

probablyoccur ? In another case of robberyand murder, wliich

shall also be subsequentlydetailed,it was likewise importanttoascertain whether the deed had been done on Saturday,on Sunday,or earlyon Monday morning, on which day the body was found.

For the chief suspicionrested on the house-servant of the deceased,

who had disappearedon Sunday,and who could not reasonablybe

supposedto be the murderer,if the crime had been committed onlyon Monday. Our decision as to the probableperiodof the death,

was shortlyafter confirmed by the confession of the murderer, the

house-servant referred to. Again,in two other simuar cases, I had

not onlyto determine the day,but the very hour of the murder !

To give yet one more instance,a young man suddenlydisappearedone nightunder most remarkable circumstances. After the most

wonderful reportsof the nature of his death had been spreadabroad,a body,which to all appearance was his,was draggedfrom the water

three months subsequentto his disappearance.How long has this

body been in the water ? became then a most importantquestion,the answer to which was most essential for the settlingof its stiU

doubtful identity,as in truth is often the case in respectof the

drowned. In like manner in the case of new-born children,especi-allywhen the examination has ascertained the fact of a violent death,

the determination by the medical juristof the probableperiodofdeath " ^which is likewise that of birth,may probablylead to traces of

the guiltymother. Though similar problemsare of constant occur-rence,

and I myseK could multiplymanifold the number of instances,

yetthe questionof survivorshipin respectto several persons found

16 " 6. SURVIVORSHIP.

dead togetheris reallyone of uncommon rarity.I myselfliave only

once (cases168-171)had to answer such a query, and the entire litera-ture

of the subjectaffords onlya few isolated cases. Here there is a

free openingfor the most arbitraryopinions,for seldom indeed can safe

groundsbe found for any other. It is usuallyheld (accordingto

the precedentof the Eoman Law, which has been followed by the

(Ehenish)Civu Code in its regulations,as well as by all the Italian

statute books,which are similar to the latter),that the age, sex, and

constitution,the various kinds of death,the positionsin which the

dead are found, and the different stagesof putrefactionin which the

bodies are discovered,afford sufficientgroundsfor correct judgmenton this head. But all these conditions are variable,and permitof no

certain conclusions being drawn from them; and if any general

dogma could be maintained on such a question,it would be this,

that there is in such cases no universallyvalid guidefor the judg-ment,but that each case must be decided accordingto its own

pecuhar circumstances. If we suppose tliree men to be slain in the

same tumult, A. by a sabre-cut on the head,B. by a bayonet-thrustin the heart,and C. by a gunshot-woundthroughthe jugularvein,

no one would hesitate to declare,that in such a case, B. must have

died first,that C. must have borne his hsemorrhagea littlelongerere he died,and that A. must have succumbed to his wound last of

all. But who shall decide,which of two or three men thrown into

the water at the same time, shall last have died ? A whole family

were consumed in a house burned to the ground,the father (atailor),his wife, and their three children. The whole five were partlyroasted,and partlycharred. We were not asked to decide the

questionof survivorshipin respectto these five persons, but we were,

nevertheless,bound to be preparedto answer such a question.It

shows the wisdom of the statute books,therefore,from the Eoman

one down to the most recent,that for all such cases, in which it is

impossibleto give a scientificopinion,theyhave givenpositivein-junctions

for the regulationof the judicialprocedure.That,however,the investigationof the medical juristis not excluded by either of the

two statute books in force in Prussia,and, therefore,that the judgemust always in the first placehave recourse to medical sk"l, is

shown by the followingwords in the passages quotedabove from the

statutes :" that it cannot be ascertained,^^"c., so that in every case

an attempt at least to " ascertain,"must be made. A comparisonof the relative advance of putrefactionin the different bodies is

" 7. SIGNS OF DEATH. 17

indubitablythe most trustworthyof allthose criteriamentioned,and

as this forms also a most importantelement in determiningthe

answer to the generalquestion," When did this man die ? " it is of

consequence to enter more at largeupon it.

" 7. Signs of Death.

At the instant of death the organismcommences to return to an

equilibriumwitlithe outer world. It is dead. It speedilysuccumbs

to external influences. It putrefies.In a traditionalanxietyto pre-vent

the confoundingof apparentwith real death,men have endea-voured

to discover ever newer and more" certain " signsof death.

Amongst the most recent of these,I need onlymention Frank's state-ment

regardingthe easy separabilityof the conjunctivafrom the

cornea, Nasse's thanatometer,"c. But these are but scientific

curiosities.The usual well-known signsof death are amplysuflicient

for all the purposes of diagnosis,and legalmedicine mightwell be

proudhad it as convincingan answer for every question.In order

to determine the actual periodof death,it is necessary to con-sider

the sequence of the phenomena occurringbetween the extinc-tion

of life and the commencement of putrefaction; these occur in

the followingorder :"

1. Respirationand circulation have completelyceased,and not

even the faintest murmur is heard on auscultation.

2. Immediatelyafter death the eye loses its lustre. Who has

ever lifted the eyelidof any one justexpiredand not remarked

this peculiardull listlessstare ? Of course, lighthas no longeranyaction on the pupil,as, indeed,

3. No stimulus has now any power of producinga reaction. For

the present,I omit as irrelevant all reference to electricalexperi-ments;

by-and-by,I shall have to relate my own remarkable ex-perience

of their action on dead bodies.

4. The whole body grows ashy-white. Persons with a particu-larlyflorid complexionretain this often for days after death. The

red or livid edges of ulcers do not assume this deadlypaleness;neither do red,black,or blue tattoo marks disappear,if not effaced

duringlife. Further,an icterichue existingat death never becomes

white,and ecchymosesretain in every case the hue theyhad at time

of death " ^hvid,or greenish-yellow,"c., as the case may be.

5. The animal heat possessedat the moment of death is retained

0

18 " 7. SIGNS OF DEATH.

for some timej as the dermoid tissues are bad conductors. Fat

seems to be a peculiarlybad conductor^and very fat bodies retaia

their heat^ceteris paribus,much longerthan very lean ones. In

general,,other circumstances also exert an influence on this gradual

coolingsparticularlythe temperature of the medium in which the

body lies,and the nature of the death it died. With regardto the

first of these,it is well known how rapidlybodies cool in water,

which in the hottest summer isalwayscolder than the air.In cesspools,

dungheaps,and the like,bodies retain their heat proportionately

longer,from manifold causes, and the same is also the case with

bodies remainingcovered in bed. With respectto the second " the

kind of death " it is said that those killed bylightningremain much

longerwarm than others j this I am uncertain about,as I have not

had the experienceof one singlecase ; it is,however,quitecertain,that in like circumstances persons who have died from any kind of

suffocation,take a considerablylongertime to cool than others.

In the case of an old and very fat woman who had been strangled,we found, for example,some thirtyhours after death,the body cold

indeed externally,but internally,in both thorax and abdomen, retain-ing

a degreeof heat quiteperceptibleto allthe by-standers.As a

generalrule,consonant with experience,most bodies are quitecold

in from eightto twelve hours.

6. Immediatelyafter death a generalrelaxation of the muscular

systemoccurs, the firsttoken of the loss of the turgorvitalis,soon

to be followed by others. A body which only presents the

ABOVE SIGNS (1-6)MAY BE REGARDED AS THAT OF A MAN DEAD

FROM TEN TO TWELVE HOURS AT THE LONGEST.

7. A valuable evidence of the loss of the vital turgidityis

afforded by the soft or inelastic condition of the eyeball; this is very

evident in every body after from twelve to eighteenhours,and may

sometimes be sooner felt. The Hvingeyeball,from the tension of its

fluids,under all possiblecircumstances,even when dying,iU of

cholera,or the like,givesan elasticresistance to the pressure of the

finger,but by the time mentioned this has ceased,the eyeballfeels

flaccid,and the longerafter death the more butteryit becomes, till

in an earlystageof putrescenceit bursts and runs out.

8. The same cause " ^lossof vital turgidity"occasions the well-

known flatteningof the muscles on those parts of the body on

which it lies,not only on the buttocks and calves,but also on

the flat side of the superiorand inferior extremities,on the hips.

20 " 8. SIGNS OF DEATH." EXTERNAL HYPOSTASES.

body,with alltheir consequences. As proofof the greatimport-ancethis questionmay sometimes assume, I cannot refer to a

more instructive instance than that contained in the celebrated trial

of the murderer Schall."^ Those medical men who had examined

the body had af"rmed that '' ecchymoses" existed on its superiorand inferiorextremities," as if the murdered person had been firmlygraspedby some one

" by these parts. The defender of the accused,

who maintained his pleaof not guiltyin a most skilful manner, had

built his whole defence upon this statement,endeavouringto make

it appear that several persons must have assisted at the murder, and

that it could not have been committed by the prisoneralone. The

medical men who made the originalexamination of the body,had,

however, neglectedto examine these so-called ecchymosesby inci-sion,

and I, therefore,as medical expert to whom the case

was referred by the jurycourt, was obligedto deny the correct-ness

of their conclusions,and to leave it still open to doubt

whether these so-called ecchymoseswere not merelypost-mortemstains. This opinionwas afterwards confirmed by the con-fession

of the murderer himself made at the time of execution ; for,

accordingto this,there had been no strugglewhich could eventuallyhave producedecchymoticmarks, neither had any second person

been presentat the murder, but Schall himself had killed his enemy

by suddenlyshootinghim tliroughthe head.

The colour of these post-mortemstainsvariesfrom alivid or coppery-

red to a reddish-blue. They are never, as may be readilyunderstood,in the least degreeelevated above the skin,but ecchymosesoften

are so. Their form is extremelyirregular,sometimes striped,round,roundish,or angular,"c. At first,theyappear in somewhat isolated

patches,the size of a walnut, an apple,a hand, or a dinner-platej

by-and-bytheyrun together,and then cover whole regionsof the

body,half of the back, or the whole back,and the like. Age, sex,

and constitution have no influence in their formation. They are

formed after every kind of death,even after death from hajmorrhage.

AlthoughDevergiefthinks the reverse, and quotes one case in

favour of his views,yet,supportedby my very extensive experience,I

must maintain my own opinion,which will certainlybe found correct

in every case. J Devergie^ssinglecase is,moreover, so far irrelevant,

* Casper'sVierteljahrschrift,"c., i. s. 292 ; and EdinburgliMontlilyJournal, Sept.1852, p. 311.

t Medec. Legale. Paris,1835, i. p. 81.

\ Vide, among other cases subsequentlyrelated,Cases LXXV. and

" 9. SIGNS OF DEATH." INTERNAL HYPOSTASES. 2T

that no mention is made at what periodafter death (whichresulted

from cuttingthe throat with a razor)the dissection was made^ and

whether this did not take placeduringthe time betwixt the death and

the periodat which these hypostasesare usuallyformed. It would

be also,a priori,difficultto perceivewhy these stains should not

form after death from haemorrhage,since that is far from drainingthe bodyof allits blood,and, as we shallafterwards see, even in such

cases, internal hypostasesindubitablydo form. Engel thoughtthat these post-mortem stains could be made to disappearbyincisingthe dependingportionsof the body; and althoughsuch an attemptis not to be expectedin any medico-legalcase, yet I have several

times experimentedon dead bodies with this view,and have found

that the stains became indeed smaller and paler,yetcould never be

entirelymade to disappear.

" 9. Continuation. " Internal Hypostases.

h. Internal hypostasesoccur, especiallyin the followingorgans :"

1. In the brain this condition is manifested in cases of congestionof the cranial cavityby a still more marked congestionof the

veins of the piamater of the posteriorhemisphere,when the head

rests,as itusuallydoes,on the occiput,and even in cases of anaemia

of this cavitythis partialcongestionis stillperfectlyvisible. And

this hypostasisof the vein is never absent in cases of death from

hseraorrhage,as many cases yet to be related will confirm ; and it

is importantto remember this,lest a doubt should be raised as to

the occurrence of any death from haemorrhagefrom the quantityof blood existingin these veins or in the posteriorsinus. Whether,

when this hypostasisdoes not form soon after death,it can be made

to form by alteringthe positionof the body,seems doubtful. At

least one experimentwhich I made on the bodyof a female poisonedwith sulphuricacid,byplacingitwith itshead hangingdown for four-

and-twentyhours,six daysafter death,was quitewithout result.

It is very importantnot to confound this daily-occurringpheno-menonof cerebral hypostasiswith cerebral hypersemia(apoplexy),

CXXXVII. In another case of suspectedmurder not related,and which

was found, on examination, to he a case of death from haemorrhagefromthe vessels of the stomach,the body was so drained of blood,that even the

pulmonary artery and the vena cava were found perfectlyempty ; and, never-theless,

we found,on the second day afterdeath,the whole of the back covered

with one unbroken stain,of an unusuallydeepcoppery-red.

22 " 10. SIGNS OF DEATH." INTERNAL HYPOSTASES.

a most likelymistake and one which inexperiencedpersons are

apt to commit^ erroneouslydiagnosingdeath from an" apoplexy

"

which has no existence. {VideSpecialPart," 53.) The extremelycorrect representationof such a hypostasis(PlateL, Pig.1 ),will

helpto make this descriptionplain.3. The most constant of all the internal hypostasesis that of the

lungs. Orfila dates its orginfrom twenty-fourto twenty-sixhours

after death ; but it arises at a much earlierperiod,viz.,at that when

the blood beginsto sink downwards in obedience to the laws of gravity.The whole posteriorsurface of both lungs,about a fourth of the entire

parenchyma,is in all bodies (lyingon their back) much darker

coloured than the rest,and betraysby incision,even in ansemic lungs,

a perceptiblecongestion.This is so strikingas readilyto deceive the

inexperienced,and lead them to an incorrect diagnosisof the cause

of death, as apoplexyof the lungs,pneumonia, "c., and this is

especiallythe case where the blood is generallydark-coloured,and

more or less pulmonaryoedema is present,in which conditions one is

more apt to assume the results of the disease to be present,whue,

after all,a post-mortem or cadaveric phenomenonis the whole that

exists.

" 10. Continuation. " Internal Hypostases.

3. Among the abdominal organs, hypostaseschieflyoccur in the

intestines,and,

4. In the kidneys. Those portionsof the intestines lyingin.the pelvisare most especiallyapt to be affected in this manner.

The livid-red coloration of the inferior surface of the intes-tinal

convolutions may also in this case mislead, and this post-mortem

appearance may be taken for the result of disease. But the

diagnosisis easy ; the convolutions onlyrequireto be pulledforward,where the breaks which here and there interruptthe continuityofthe coloration,at once distinguishit from the redness of inflamma-tion,

which alwaysstretches uninterruptedlyover the part affected.

The hypostasisof the kidneysis speciallyconfined (inbodies lyingon their back)to their posteriorhalf,and can therefore be readilydistinguishedfrom a generalcongestionof those organs.

5. The hypostasisof the spinalcord has been hitherto almost

entirelydisregarded,and yet it is well worthy of notice,from the

misconceptionsto which it may lead. Its appearance when deve-loped

in the veins of the j)iamater is aU the more apt to be taken for

" 11. COAGULATION OF THE BLOOD AFTER DEATH. 23

the evidence of pre-existingmeningitis^that,from the facts of the

difficultyof opening the spinalcanal,and the rarityof its being

requiredin medico-legaldissections,the medical inspectorsare

generallypardonablyignorantof what is to be seen, and are all the

more readilyled to imaginethe existence of an inflammation when

the case seems to point in that direction,when, for instance,

evidence of violent blows havingbeen givenon the back has been

made out. The best way to ascertain the correctness of these re-marks

is to take the firstmost suitable body,that has lain a few dayson itsback, and examine it speciallyfor these hypostases.A most

correct representationof the appearance described,will be found in

rig.1 of Plate X. of the Atlas.

" 11. Continuation. " Coagulation of the Blood after Death.

6. The heart is not subjectto the occurrence of hypostasisin it;

on the contrary,it is distinguishedabove every other organ or blood-vessel

by the occurrence in it of the so-called cardiac polypi,which

are known to every medical man, thoughhe may have onlydissected

a few bodies in his own privatepractice.This phenomenon is of

importantsignificancein the forensic diagnosisof the dead,and we

shall most convenientlydiscuss it here. It is well-known that the

" cardiac polypi"are nothingelse than the coagulatedfibrine of the

blood, either pure and colourless,or more or less stained with its

colouring-matter,are consequentlyonly coagulatedblood. This

coagulationis not to be supposedto take placebefore death. In the

case of a prolongedagony, such may be the case ; and these polypimaysometimes form in the interval between lifeand death ; but certainlyin most cases theyare formed after death,duringthe gradualcoohngof the body. When we thus see that the blood may coagulateafter

death,in other words, that dead blood may coagulate,it is not easy

to understand how the existence of coagulatedblood in and upon a

wound in a dead body can lead with any certaintyto the conclusion,

that such an injurymust have been inflictedduringlife," because

blood cannot coagulateafter death! " This is but one of the many

erroneous opinionswhich have obtained currency in forensic medi-cine

by itsbeingleft in the hands of pure theorists ; so, for example,Henke"^ quotes this "coagulationof the effused blood in ecchy-mosis,''as a signthat the violence which producedit must have been

* Handbucli, s. 570.

24 " 11. COAGULATION OF THE BLOOD AFTER DEATH.

inflictedduring" life;" and when we consider the greatestimation in

which Henke was so long held as an authorityin this department,

we cannot wonder that even medical boards of inquiry,as I well

know, should stillmaintain the opinion,that coagulationsof blood

found in the body must have been formed duringlife! But older

anatomists and forensic practitionershave alreadyrightlymaintained

an oppositeopinion,and whoever has himself examined many bodies

cannot for one instant doubt the truth of it. Engel^ most correctly

says," I do not believe that there is any disease or kind of death,in

which the blood does not coagulatein the dead body; itmay happen

in any one case that the blood is not coagulated,but there are

alwaysother cases of the same disease or kind of death in which the

blood is coagulated."Bock t indeed fixes a time (aboutfour hours)

after death, where he supposes the coagulationof the blood to

begin. We may add to these testimonies,the actual and frequent

occurrence of coagulationof the blood in the bodies of st"l-born

children. I do not mean onlythe dailyphenomenon of effused and

coagulatedblood in the meshes of the cellular tissue beneath the

scalp,but the most incontrovertiblecoagulationin internal organs.

A seven-months' foetus was medico-legal]y dissected,because of

supposedcranial injuries,which were not, however, confirmed. The

applicationof the hydrostatictest conclusivelyproved that the

child had been dead-born. Nevertheless,we found that most rare

phenomenonin new-born children,coagulatedblood in the sinuses of

the much-congestedcranial cavity.Moreover, the lungswere in the

most uniquemanner besprinkledwith subpleuralcapillaryecchy-

moses {Fid. Spec.Div.,""40-83),which also speckledthe heart

like a tiger-skin.One would think,that facts of dailyoccurrence,

such as the coagulationof dead blood after venesection,the coagula-tion

of the dropsof blood escapingfrom the dead body,and the like,

should long ere this have sufficed to quashthis serious error!

Experiment,however, also supportsobservation. Br"cke has proved

that the access of air to the blood, which cannot indeed take

placein the body,does not contribute materiallyto the coagulation

of the blood ; and also,that the most careful exclusion of the air can-not

maintain the blood fluid. But the blood after death must,

nevertheless,coagulateaccordingto laws we know nothingabout.

It is,for instance certain,as many of the followingcases show, that

* Darstellungder Leichenerscheinungen.Wien, 1854, s. 156.

f Gerichtl. Sectionen,u.s.w. 4 Auflag. Leipzig,1852, s. 19.

" 11, COAGULATION OF THE BLOOD AFTER DEATH. 25

after some kinds of death,in wMcIi permanent fluidityof tlieblood

is supposedto be characteristic^such as the various kinds of suffoca-tion,

cases not unfrequentlyoccur in which the blood is found more

or less coagulated,and also,what appears whollyinexplicable,that

in certain organs and vessels this coagulationseems preferablyto

occur, not onlyin the heart,particularlyin the rightventricle,but

also,for instance,in the inferior vena cava, the liver,"c. (Vid. Case

CCCIX). The thesis, then, that coagulated blood in the

NEIGHBOURHOOD OR INTERIOR OP A WOUND IS A PROOF OF LIVING

ACTION, BECAUSE AFTER DEATH THE BLOOD NO LONGER COAGULATES,

IS INCORRECT, AND EVERY DEDUCTION FROM IT ERRONEOUS. And

the followinginterestingcases are givenas proofof the oppositeview.

Case III. " Eupture of the Heart. " Effusion of Blood.

A woman, aged59, was instantlykilled by beingrun over by a

carriage.The body was of a waxy-white,and so far seemed to jus-tifythe suppositionof internal haemorrhage,althoughexternallyno

trace of violence was visible. On examining,by incision,the j^ost-

mortem stains on the back, a considerable quantityof extravasated

blood was discovered extendingover half of the back to beyondthe

nates,and this blood was partlyfluid and partlycoagulated.There

were no fractures of the spinalcolumn nor of the pelvis,but the

cause of death was found to be a ruptureof the heart. The right

auricle was separatedfrom the ventricle by a jaggedtear,onlyre-maining

attached to it by a small stripof muscle. The substance of

the heart was neither softened nor atrophied,but perfectlyhealthy.The pericardiumwas distended with blood, partlyfluid and partly

coagulated,i.e.,there were coagulafloatingin the fluid blood. The

brain was quitebloodless,allbut the hypostaticcongestionof the

posteriorveins. The lungswere moderately,and the liver somewhat

strongly,congestedwith blood.

Case IV. " Gunshot-Wound of the Left Yentricle of the

Heart. " Coagulation of the Blood.

A workman, aged30, shot himself in the breast;the ball pene-trated

close above the fifthrib,and tore away the entire apex of the

left ventricle. The whole of the left pleuralcavitywas distended

with blood,and we scoopedthe coagulain whole potfulsfrom among'

26 " 11. COAGULATION OF THE BLOOD AFTER DEATH.

tliefluid blood. I tliink no one will doubt^that in this case^ in

which death must have been instantaneouSjthe blood could only

coagulateafter deathsand the followingdirect experimentis justas

convincing.

Case Y."

Injuey to the Head Inflicted aeter Death, with

SUBSEQUENT COAGULATION OF THE BlOOD EfFUSED.

We have alreadymade, and stillfollow out, various experi-mentson the dead body in relation to wounds on the head (Vid.

SpecialDivision," 6),emplojangfor that purpose the common solid

wooden block,used to support the head and backbone. On one

occasion,we inflicted several powerfulblows with this instrument

on the perfectlyuninjuredhead of a drowned person, three daysafter death,and the next day (thirtyhours subsequently)the bodywas examined. The most interestingpart of the record on examina-tion

for our presentinquiryruns, word for word, as follows :"

"1. On the upper edge of the rightear there is a lacerated

wound, a quarterof an inch long,with jaggedbloodless edges." 8. About the centre of the rightparietalbone there is a contused

wound, one inch in length,with obtuselylacerated edges,at the

bottom of which there is some fluid blood. A preciselysimilar

wound is situate over the occipitalbone, and the greaterpart of the

bottom of tliis wound over the pericraniumis covered with a

coagulum one line in thickness.''^ Consequently,the blood in this

case must indubitablyhave coagulatedthree daysafter death. The

rest of the blood of this drowned person was remarkablyfluid.

Case VI. " Coagulation of the Blood Poue Days aetee

Death.

An even more remarkable occurrence took placein the case of a

person poisonedby carbonic acid gas, whom we examined on a

very cold day in January,four days after death. The body had

lain in a cold placeappointedfor exhibitingthe dead (Morgue)till the examination took place. In opening the thorax and re-moving

the larynxand trachea,some blood accidentallyescapedover the neck and left shoulder,and coagulatedon the body,which was extremelycold,and that so quickly,that before the

28 " 12. SIGNS OF DEATH." CADAVERIC RIGIDITY.

brown spot,the size of a sliilling,soft when cut,and beneath it in the

subcutaneous cellular tissue a true ecchymosisof coagulatedblood.^

" 13. Continuation. " Cadaveric Eigidity.

10. Cadaveric rigidityis the concludingindication of the earliest

stageof death,and one which in every case precedesthe commence-ment

of putrefaction.This rigidityconsists,as is well known, in a

shorteningand thickeningof certain muscles,particularlythe flexors

and adductors of the extremities,inclusive of the fingers,and of the

elevators of the lower jaw,wherebytheybecome firm and hard to

the feel,and impart to the corpse a somewhat athletic appearance,

as Devergiehas correctlyremarked. It passes from above down-wards,

begins on the back of the neck and lower jaw, passes then

into the facial muscles, the front of the neck, the chest, the

upper extremities,and, last of aU, the lower extremities. Usually,it passes off in the same order,and once gone it never returns,Lnd

the body becomes as flexible as it formerlywas. Cadaveric rigidity

may come on at any periodafter death duringa tolerablywide inter-val

of time, in general,however, between eight,ten, and twenty

hours, and it may continue much longerthan is usuallysupposed,

viz.,from one to nine days. In spiteof my numerous observations

on bodies drowned, I cannot conflrm Sommer'sf opinionthat in

bodies lyingin fresh water it may last fourteen or more days. The

most recent and excellent investigationsof Br"cke, Ed. Weber,

Stannius,K"Uiker, Brown-Sequard,Maschka, Kussmaul, Pelikan,

"c,,do not agree in regardto their views of the ultimate nature of

this process. Even a repetitionof the same experimentsdoes not

alwayslead to the same result. We know not whether the old idea,

revived by Br"cke, of the coagulationof the fibrinous nutritive

material within the muscle, or the death of the nerves in the muscle

(Stannius),or that of a peculiarmolecular change of the muscles

(K"Uiker),"c.,is the correct one. There is,therefore,nothingfor

it in the meantime,"and this is,moreover, sufficientfor the practical

purposes of legalmedicine," but to continue to make observations

* Among the cases in "" 33 and 41 of the General Division,and "" 8 and

15 of the SpecialDivision,will also be found abundant other evidence to

prove the post-mortem coagulationof the blood.

f DijS. de signismortem hominis,"c.,indicantibus. Havniae,1833, quoted

hy Kussmaul ; "ber die Todtenstarre in d. Prager Vierteljahrsehr. 1856.

50 Bd. s. 67, f"c.

" 12. SIGNS OF DEATH." CADAVERIC RIGIDITY. 29

on the occurrence of this rigorin the body under the most various

circumstances in which it takes place,either more readilyor with

greaterdifficulty.It seems quiteestablished that this rigidityeither does not occur after narcotic poisoning,or is then of so

short a duration that at the usual time when such bodies are received

by the medical juristfor examination,no trace of it is to be found.

Whether this rigormortis occurs after death from lightning,as has

been both maintained and contested,my own experiencedoes not

permitme to decide. I have never observed cadaveric stiffeningin

the immature fcetus. Since,however, this phenomenon has been

observed by others,particularlyin MaternityHospitals,even in such

foetuses," though,as theythemselves confess,it is alwaysin such

cases onlyfeeble and transitory,^" so, thoughwe cannot positivelydenyits occurrence in such foetuses,yet it is non-existent so far as

the medico-legaldissectiug-tableis concerned,since these bodies

never come so earlyto it. Even in the case of mature new-born

infants and littlechildren,the cadaveric rigidityis feeble and transi-tory.

That this is also the case in old peopleas some have supposed(Sommer),I not onlycannot confirm but can prove the contrary.That the rigormortis does not take placeat all,or onlylate,orin a transitorymanner in cases of death from any kind of suffoca-tion,

is an erroneous thoughoft-quotedopinion; for,as the collec-tion

of cases in the specialdivision followingwill show, we have

never observed any difference in tliisrespectbetween such bodies and

those who had died from other causes. Whether in cases of death

from cramp or acute diseases,the rigormortis comes on suddenlyand goes off as quickly,and whether after sudden death in healthy

persons, and after death from exposure to cold,it comes on more

slowly,and lasts longer,"c.,are all theoretical opinions,and requireconfirmation all the more that there is the widest difference respect-ing

them in different authors. A low temperatureand the existence

of alcoholization indubitablyfavour the long duration of the cada-veric

stiffening.In one case in which death occurred suddenlyfrom cerebral haemorrhageduringintoxication,I have observed the

rigormortis persistingon the fourth day; in a second case, in which

the man, while drunk, hanged himself,it was stillpresenton the

seventh day; in a third,a man shot,in winter,stul on the sixth

day; in a fourth case, that of a young waiter,who had gone to bed

in apparenthealth,and had died duringthe nightfrom an apoplexy* Schwarz, die vorzeitigeAthembewegungen. Leipzig,1858.

30 " 13. SIGNS OF DEATH." PROCESS OF PUTREFACTION.

of the heartjand was found dead in bed in the morning(inDecember)^the rigormortis was quitediscernible on the inferior extremities so

late as the eighthday after death ; and in the case of a man who

died suddenlywhile intoxicatedfrom congestionof the lungs (in

November), the rigormortis was stillperceptibleon the ninth day

(CaseCCXYIII). In cases where the cadaveric rigidityisunusually

persistent,it is not uncommon to find itco-existingwith putrefactivediscoloration of the body ; advanced putrefactiondoes not therefore

necessarilyabrogatethis condition. It seems certain that this

rigornever fails to occur in every corpse, and the popularidea,

groundedon thousands of unprejudicedobservations,that the bodymust be washed and dressed as quicklyas possiblebefore it stiffen,

seems worthyof all consideration. The stiffnessof a frozen bodycan never be confounded with the rigormortis,for a frozen body is

from head to foot stiff as a board,whue in cadaveric rigiditythe

extremities,particularlyat the elbow and knee-joints,alwayspreservea certain amount of mobility.A Body, therefore, that only

presents the above-mentioned (1-10)signs, may be presumed

to be that of a person who has died within from two to three

days at the longest.

" 13. The Process of Putrefaction.

In order to determine the probableperiodof death,it is of course

necessary both to know and also to estimate correctlythe various

stagesof putrefaction.But difficultiesnow for the firsttime beginto accumulate. Por if on the one hand, we find it not easy ade-quately

to describe,in words intelligibleto the inexperienced,the

changeswhich the dead body graduallyundergoesin respectto the

colour and consistence of its organs ; so on the other,we know that

the circumstances, which influence the putrefactiveprocess, and

variouslymodifyit as regardsacceleration and protraction,are so

numerous as to demand the utmost caution in endeavouringto

establish any fixed rule in relation to it. And, therefore,Orfila

scarcelyexaggerateswhen he asserts,that to ask a medical man to

determine the probableperiodof death of a putrefiedcorpse, is to

requirewhat is wholly"beyond the power of man;" but when we

learn,as Devergiedid from his subalterns,the watchers of the dead

in the Morgue at Paris,and as I have frequentoccasion to observe

in mine in the institution here,that whoUy uneducated men acquire

" 14. CONDITIONS WHICH MODIFY PUTREFACTION. 31

by mere practiceperfectlyaccurate generalnotions on this liead we

seei it must be possibleto attain this objectyet more certainlybyscientific means. Only these must be as far as possiblearrangedunder definite heads,and the whole matter as much as may be

simplified,lest those generalitieswhich constitute the rule be lost in

the chaos of a thousand multiplicities" for^strictlyspeaking,is not

one putrifiedcorpse, seen under generallysimilar circumstances,justlike another !

The few recent authors,Orfila,Lesueur, G"ntz, and Devergie,^who have related their own experiencein tliismatter, are not free

from this objection.Wlioever has been engagedin similar repulsiveand troublesome investigationswill readilyrecognisethe value and

truthfulness of the individual observations of these men, and will

prizethem accordinglyj but their communications are of no real

practicalvalue to the medical jurist,partlyfrom beingoverlaid bytoo many and too minute details,and partlyfrom the absence of a

correct generalizationand classificationof.the phenomena observed.

I shall now endeavour to obviate the difficultiesinherent in this sub-ject,

so far as its nature permits,restrictingmyselfas far as possibleto my own personalexperience,and regardingsolelypractical

utility.

" 14. Subjective or Internal Conditions which Modify the

Putrefactive Process.

The conditions which modifythe putrefactiveprocess in so mani-fold

a manner, acceleratingit in the one case, and retardingit in the

other,so that the corpse A, can acquirein 24-36 hours preciselythe

same appearance as the corpse B in from three to four weeks, are

either inherent in the individual,or arise from external causes, not

forgetting,of course, that putrefactionitselfcan onlyoriginatein the

access of external hifluences,for recent flesh hermeticallysealeddoes not putrefy.

The progress of putrefactionis speciallymodified by :"

1. The Age."I admit the fact,asserted by all authors,that the

bodies of new-born children putrefy,cmterisparibus,more rapidlythan

* Orfila and Lesueur, Handbuch zum Gebraucli bei Gerichtlieiien Aus-grabungen.

Aus d. Franz, von G"ntz, 2 Bde. Leipzig,1832-35. G"ntz,

Der Leichnam des Neugebornen, Leipzig,1827 (riehin antiquarianlite-rature).

Devergie,Med. Leg.i. p. 88-253.

32 " 14. CONDITIONS WHICH MODIFY PUTREFACTION.

others. But I must qualifythis admission b j the statement of another

fact which I have not hitherto seen prominentlybroughtforward,

viz.,that the bodies of such new-born children as become the objectsof medico-legalobservation are, from the very nature of the matter,

almost without exception,those that have been subjectedto one

influence additional to those usuallyincident to the corpses of those

of maturer age, for immediatelyafter birth theyhave been exposed,

flunginto the water, a dungheap,or a privy,naked, or at the most

wrappedin a few rags, and are found in this state,whilst the bodies

of those of maturer age found naked belongalmost exclusivelyto

drowned persons. Clothing,however, exercises a most material

influence in retardingthe putrefactionof a corpse {Vid." 15). The

bodies of very aged peoplecertainlyyieldmore slowlyto the advances

of putrefaction,but this indubitablydependsin some measure on

their natural condition {Fid.No. 3).2. I cannot allow that sex of itself has any influence in this

matter. The "more lymphaticconstitution" of the female is in

respectto this a purelytheoretical assumption. I have,however,

alwaysfound that the bodies of women, dyingimmediatelyafter,or

duringchildbirth,do putrefy,c. p., extremelyrapidly,whatever the

cause of death may have been.

3. The condition of the lody exercises a most unequivocalinflu-ence

in this matter. Pat,flabby,and lymphaticcorpses putrefy,c. p.,

much more rapidlythan lean and juicelessones, for an abundance of

fluids is very favourable to the occurrence of decomposition.As

the bodies of aged peopleusuallypresentthe latter condition,this

is probablythe reason why theykeep so much longerfresh.

4. The hind of death very materiallymodifies the course of the

putrefactiveprocess. This commences, c. p., much later after sudden

death in healthypersons, than after death from exhaustingdiseases

combined with putridityof the fluids,as typhus,dropsyconsecutive

to organicdisease,tuberculosis,putridfevers and the like." Bodies;

which have been much injuredor mutilated,as those of persons

killed by repeatedacts of violence,by many incised wounds, by me-chanical

injurieson railroads,"c., putrefyvery rapidly; those only

exceptedwho have been overwhelmed by the fallof walls,"c.,and who

lie dead,buried beneath a mass of joisting,rubbish,or sand,so that

the air has less direct access to their bodies. Persons suffocated in

smoke, carbonic oxide,and sulphurettedhydrogengas, putrefy,c. p.,

rapidly;whether this also occurs in the case of perons suffocated by

" 14. CONDITIONS WHICH MODIFY PUTREFACTION, 33

other irrespirablegases^ I have had no personalopportunityof

ascertaining.It is,however, certain that after death from narcotic

poisoning,putrefactionis also relativelymuch accelerated. This,

however,is far from beingthe case after death from other poisons,and in particularit is not found to occur in that form of poisoning,which has quiterecentlybeen practicallyintroduced to our notice,

poisoningby phosphorus.In alcoholic blood-poisoning,such as

exists where drunkards die apoplecticduringa debauch,I have fre-quently

found the bodyto remain fresh a most disproportionatetime ;

in the cavitiesof sach corpses the smell of alcohol isusuallydistinctlyperceptible[Vid.Cases CCXVI.-CCXX.). In this case, the whole

bodyis as it were preservedin spirits.It is,finally,deservingof

notice,that in cases of poisoningby sulphuricacid (which so often

come before us in Prussia),the putrefactiveprocess is decidedlyre-tarded,

probablybecause the presence of the acid in the bodyhinders

the developmentof ammonia, or perhaps,because the ammonia

formed duringdecompositionis immediatelyneutralised by it. It is

by no means rare to find the bodies of persons poisonedby sul-phuric

acid perfectlyfresh and devoid of smell,even after openingtheir cavities,at a periodafter death when, under difi'erentcircum-stances,

this would certaiidynot have been the case. After poisoningby arsenic,putrefactionensues accordingto the usual laws,but, as is

well known, a subsequentpause takes place,after which the process

of mummification commences " but we will return to this by-and-by[Vid.SpecialDivision,"42). Though all these causes have indeed

a generalvalidity,it is,nevertheless,certain that subjectivecondi-tions

must exist,of which as yetwe know nothing,which are capableof acceleratingor retardingputrefaction.The followingobserva-tion

is extremelyinstructive and demonstrative of the truth of this.

On the 20th of March, 1848, I examined the bodies of fourteen

men, almost all of the same age, 24-30 years, previouslyoccupying

preciselythe same social position(workmen of the lowest class),all

lyingtogetherin the same partof our deadhouse,who had all met

the same death,having been shot on the barricades on the 18th of

March, and had all notoriouslydied at the same time. Here there

certainlyexisted those identical conditions so necessary for insti-tuting

a comparison,and yetI can testifythat in no one case did the

signsof putrefactionresemble those of another. Another remark-able

instance was afforded by the bodies of an old coupleof about

the same age, 50-60 years, suffocated duringthe nightby carbonic

D


oxide gas. Up to the time of our examinationthese bodies had

been exposedto preciselysimilar influences,and yet (onthe fourth

day after death,in November) the body of the man was quitegreenboth on the abdomen and the back, and the trachea was browuish-

red from putridity,"c.,while his uncommonly fat wife was perfectlyfresh both outside and in. It is evident,that any littledifference in

the times of their respectivedeaths could have had no proportionateeffecthere,as it could not have amounted to more than a few hours

at the longest.

" 15. Objective oh External Conditions which Modify the

Putrefactive Process. " a. Air.

The external conditions which accelerate or retard putrescencehave

a more decided action than the internal ones, or at least their action

is better known. These active agentsare " atmosphericair,moisture,and warmth. If to these,lightand electricityare sometimes added,

we must remember on the one hand, that both of these agentshave

been alreadyincluded as co-operatingwith the atmosphere,and

on the other,that their action in this respectis still too hypo-thetical.

1. Whatever favours or preventsthe access of atmosphericair to

dead animal (or vegetable)substances promotes or impedes their

putrescence.Therefore,bodies lying(orhanging)in the open air,

rot, c. p., much more rapidlythan those buried in the earth,or even

than those lyingin the water (drowned); corpses that are not at all,

or onlylightlyclothed,putrefymore rapidlythan those that are

clothed,and particularly,than those that are clothed with tight-

fittingor almost impermeablestuffs. It is quitea usual thing,in

the case of men taken out of the water perfectlyclad,to find the legs

covered by the boots quitefresh,whue the cuticle on the rest of the

body is abeadyraised in blisters or peeledoff..

The body of a very

crooked tailor,who had hanged himself,showed alreadyevident traces

of putrefactioneverywherebut on the thorax,which was in marked

contrast to the rest,justbecause the deceased had girthimself with a

tight-fittingspencer of stout ticking,well-stuffed on the side opposite

to his hump, and probablyworn with the view of conceahngit!

The nature of the soil has also considerable influence in preventing

or promotingthe access of the air,and accordingas that is loose and

porous, as sand,or fijm and compact,as clay,so do the bodies buried


" 17. Continuation. " c. Warmth.

3. An increased temperatureof itself,by evaporatingthe natural

moisture of the body acts much more energeticallythan the mere

absence of external humidityin producingthe direct oppositeof

putrescence,the desiccation of the corpse, or even its roastingor

charring,as we see in the cases of death from burning.But increased

temperature,when its action is combined with that of the other two

agents alreadymentioned, air and moisture,favours putrescencein

exact proportionto its degree. Every one knows how much more

rapidlybodies putrefyin summer than in winter. At a temperature

of +16^ to "O'^ R. (68^" 77*F.),I have frequentlyseen bodies,in

a perfectstate of preservationone day,become by the next almost,and

in twenty-fourhours more, perfectlyunfit for dissection ; whilst under

preciselysimilar circumstances,e.g.,keptin the same deadliouse at a

temperatureof-5" to 6" or 8^ R. (20^-75,18"-5, or 14" P.)in win-ter

" ^thisis by no means the case, even after a lapseof ten or twelve

days.Should the body be lyingin water, the influence of a difference

of temperatureis even more remarkable. A corpse frozen in water

or moist earth,may remain perfectlyfresh for so long a time that

thousands of years is no exaggeratedterm to applyto it," a fact well

evinced by the preservationof the soft parts(partly,indeed,con-verted

into adipocire)of a mammoth, dug up in Siberia,which

I myselfhave seen in the UniversityMuseum at Moscow. A corpse

which has been ten or twelve daysin water duringwinter,at a tem-perature

of -I-2" to 6'='R. (36"'-5,45^-5 P.),may be so well preserved

as stul to presentallthe signsof death from suffocation,which are often

no longerevident after it has remained onlyfrom five to seven daysin

water in summer, at a temperatureof -1-18" to 20" R. (72"-5,77"P.).In regardto this,however,there is stillanother item to consider. We

know that the temperaturebeneath the surface of the water is alwayslower 'than at or near its surface,upon which alone the heating

power of the sun^s rays is expended,hence it happensthat putres-cence

proceedswith more or less rapidityaccordingas the body has

lain near the surface of the water or been sunk in its depths,by

heavy stones attached to it,or by beingentangledamong piles,"c.

All these circumstances requireto be considered,"and the medical

juristwill be able easilyto ascertain them, even though he should

not, as is seldom the case, have been presentat the findingof the

" 18. RATIO OF PUTRESCENCE ACCORDING TO MEDIA. 37

body," ^ifit be requiredto determine the probableperiodof the

death from the amount of putrefactionpresent. But in respectto

tliis,we must also remember that bodies taken out of the water and

exposedto the air putrefywith extraordinaryrapidity,so much so,

that one day of such exposure works a greaterchangethan three

or four dayslongerretention in the water would have produced.Whether the mere change of medium be the cause of this, or

whether any other agents have a share in it,I do not pretendto

determine. Further,as in the water so also in the earth,and for the

same reasons, a higheror lower temperature affects the rapidityof

putrescence,and from this cause (as well as for the reason alreadystated," 15),bodies buried near the surface putrefy,c. /"., more

rapidlythan those more deeplyinterred.

" 18. Comparison of the Phenomena of Putrescence according

TO THE Media.

It is extremelyperplexingto the practitionerto have the different

stagesof putrefactionseparatelydescribed,accordingto the different

media in wliich the bodymay happento be, as has been done by the

chief authorities on this subject,Orfila,Devergie,and Giintz,this

beingall the more superfluousthat the phenomena and course of

putrescenceis in every case the same, onlymodified as to its rate,and

that not onlyby the media, but also by all the three qualifyingcir-cumstances

already(" 15 " 17) detailed. It seems, therefore,more

expedientto establish a generalratio for aU the three media, air,

water, and earth,alongwith wliich may be reckoned, in individual

cases, the influence of the above-mentioned co-operatingagents,and

deductions in the one case, or additions in the other,made accord-ingly.

However di"iculfcit may seem to fix such a generalratio as

may assist the judgmentin this manner, yet my own experiencewould lead me to conclude the followingproportionto be not far

from the exact truth :" At a tolerahlysimilar average temperattore,the degreeof putrefaction23resentin a hodyafterlyingin the open

airfor one week {tnontli)correspondsto that found in a hody after

lyingin the water for two weeks {months),or afterlyingin the earth

in the usual manner for eightweehs {ormonths). Three bodies will

therefore exhibit,cat. par., nearlythe same degreeof putrescence,of

wliich A, shall have been lyingin the open field for one month ; B,in the water for two months, and C, eightmonths buried in a

38 " 19. CHRONOLOGY OF PUTRESCENCE." EXTERNALLY.

coffin in the usual manner. Any very importanterror will be

avoided by attendingto tliisratio,witli the requisiteattention to

the modifyingcircumstances involved in each individual case.

" 19. Chronological Succession of the Phenomena op Pu-trescence.

" Externally.

The largestproportionof the bodies that find their way to the

medico-legaldissecting-tableare such as have been lyingin the open

air,and we take these,therefore,as the type from which to describe

the progress of putrescence.1. The firstsign" in pointof time " is the well-known greenish

coloration of the abdominal coverings(theexceptionto this rule in

the case of drowned persons w"l be considered afterwards [Vid.

SpecialDivision," 48), and along with tliisthe peculiarodour of

putrescencebecomes developed.Accordingto the degreeof tempera-ture,and the different subjectiveconditions ("14),this discoloration

may take placein from 24-72 hours after death.

2. Within the same periodthe eyeballbecomes soft,yieldingtothe pressure of the finger.

3. After 3-5 days,reckoningfrom the periodof death,the green

coloration has become deeper,and spreadover the entire abdomen,

inclusive of the external genitals,on which,however,the colour is of

a brownish-greenor dirtyappearance. In the case of many bodies,

particularlysuch as have been asphyxiated,a bloodyfrothyfluid

wells from the mouth and nose. At the same time,but with great

topicalirregularity,largeor small patchesof green beginto make

their appearance on other parts,particularlyon the back, the inferior

extremities,the neck, and the sides of the chest.

4. In about eightor ten daysthe discoloration,alongwith which

the peculiarodour is developedparipassu, has become darker and

more generallyspreadover the body by the confluence of the isolated

patches.On particularparts,such as the face,and down the neck

as far as the chest,the colour is now a reddish -green, from the sinning

throughof the decomposedblood,now effused into the cellulartissue.

The gaseous products of decompositionhave now begun to be

developedand to distend the abdomen; they are usually,but not

always,combustible gases, such as sulphurettedand phosphuretted

hydrogen,and a tolerablylongflame may be producedby making a

small puncturethroughthe inflated abdominal coverings,and apply-

" 19. CHRONOLOGY OF PUTRESCENCE." EXTERNALLY. 39

ing a lightto the escapinggases. The coruea has fallen in and

become concave, the colour of the eyes is stillrecognisable^but the

open condition of the pupu in immature embryos cannot now be

determined in every case. The sjohincterani is relaxed. On certain

partsof the body,particularlyon the extremities,neck and breast,

the cuticular veins wind like dirty-redcords amid patchesof palerskin. The naus are stillfirm.

5. Fourteen to twenty daysafter death,the hues of putrescencehave spreaduniformlyover the entire body,which isnow bright(frog)

green and blood-red brown. The epidermisis raised here and there

in blistersthe size of a walnut,and in other parts,patchesof it,the

size of a dinner-plateor larger,are quitestrippedofP. Innumerable

maggots cover the body, afi^ectingchieflythe folds of the skin and

the natural outlets. The developmentof gas has now increased to

such an extent,that not onlydoes the abdomen seem hke a hugemound, and the thorax artificiallyinflated,but even the whole of

the cellular tissue is blown up, so that the body has a gigantic

appearance, the features are of course therebycompletelymasked, so

that the recognitionof the body is almost impossible,even by those

who were well acquaintedwith its former appearance, as we may

well imagine,when we think what a changein the physiognomyis

producedby the eyelids,hps, nose and cheeks,being all greatlyswollen. The colour of the eyes is also no longerdistinguishable,for

the eyeball,in which iris and pupilare no more visible,is in all

such bodies,without exception,of a uniform dirty-red colour over the

whole of the sclerotic. In men, Wve penisis now quiteshapelessand

swollen to a colossal size,the scrotum discoloured like the rest of the

body may attain the size of a child^s-head. The nails and their

roots are detached and lie loose and easuyseparable.The hair of

the head is loose,and easilypulledout. The occurrence of this

advanced stage of decompositionis very decidedlyinfluenced by the

temperature of the air,so that if we compare the two extremes of

+ 16" to 20" R. (68"" 77" T.) in summer, and 0 to + 8" R.

(32"" 50" F.)in winter,we shall find that the former will produce

as much changein 8-10 days,as the latter case in from 20-80 days.In this stage the whole body,as alreadymentioned, swarms with

maggots, and if it has lain in the open air or water,it is by no means

unusual to find that other animals have been devouringit. These

are (chiefly)land and water rats,and also dogs,cats,birds of prey,

foxes and wolves. Our river-fish do not attack dead bodies. Traces

40 " 19. CHRONOLOGY OF PUTRESCENCE." EXTERNALLY.

of tMs voracityare found on the thorax and abdomen that are often

enough eat into,or on the extremities,whole patchesof which are

often eaten down to the very bone. Openings into the cavities,and

speciallyinjuriesto the soft partsthat have thus arisen,can with a

littleattention be readilydistinguishedfrom traimiatic lesions. Prom

such a condition of the body as we have here described,it may with

some degreeof certaintybe concluded,that accordingto the varying

temperatureand medium itmust have been at least so longdead as we

have alreadyindicated,but not that this has been the longestperiodthat could have elapsedsubsequentto the death,for this stage of

putrescenceis distinguishedfrom the earher ones, in that it may

continue for a longtime,many weeks or even months, passingthen

graduallyinto the next stage. Bodies green prom putridity, blown

UP AND EXCORIATED, AT THE EXPIRY OP ONE MONTH, OR FROM THREE

TO FIVE MONTHS AFTER DEATH (CJ^.T.PAR.), CANNOT WITH ANY CER-TAINTY

BE DISTINGUISHED FROM ONE ANOTHER.

6. The stageof colliquativeputrefactioncommences ordinarilyin

from four to six months, or sooner in the case of bodies tliathave

lain in warm and moist media. The continuous developmentof gas

has burst the coveringsand exposedthe cavities of both thorax and

abdomen. Even the sutures of the skull have yieldedto the pressure

and are burst,the brain run out; the orbital cavities are empty,

all the soft parts have commenced to break down into a soft

pulp,or are partly,and so much the more the later the period,

alreadybroken down, absorbed and vanished,leavmgentire bones

bare and exposed,particularlythose of the skidl and extremities.

The bones of the extremities are also now often separatedat the

jointsby the destruction of the fasciaeand hgaments. No trace of

a physiognomyis any longerdiscernible. The existence of female

breasts can no longerbe determined,and as the external partsof

generationhave alreadydisappeared,the doubtful sex of the deceased

can onlybe ascertained from the external habitus,where the pubichair or its mode of growth can be distinguished,which is not

seldom the case; a strict limitation of this to the w.ons veneris,

denoting,as is well known, the female sex, while its prolongation

upwards to the navel denotes the male sex. But, besides this,

the sex of any such unrecognisablecorpse can also be deter-mined

by ascertaiuingwhether a uterus be present or no {Vid.

Cases XIV." XYI.)^

* Witli respectto the peculiaritiesattendingthe putrefactionof drowned

" 20. CHRONOLOGY OF PUTRESCENCE." SAPONIFICATION. 41

" 20. Continuation. " Saponification.

Wlien moisture acts continuouslyon a putrefyingcorpse^ whether

it be lyingin water, or onlyin very damp soil,then,and in such cir-cumstances

alone,the progress of colliquativeputrefactionischecked,

and this check takes placethe more readilythe fatter the corpse is,

wherefore the bodies of children are more apt to become saponifiedthan those of grown-up persons. Under certain conditions,which,

with the exceptionof the two alreadymentioned,are whollyunknown,

many bodies,but by no means all,now undergoa process of saponi-fication,the fattyacids combiningwith the ammonia and forming

the peculiarcompound known by the name of adipocire.*It is

difficultto determine even in a generalmanner, when tliisprocess of

saponificationcommences. There is no doubt that the grave-diggersof the churchyardof the Innocents at Paris,where firstobservations

on the great scale were made on the formation of adipocire(Four-

croy),were greatlyin error when theysupposeda periodof thirty

years to be necessary for it. It is formed witliin a much shorter

period,where it is formed at all. Devergiefconsiders that one year

is requiredto saponifythe entire body of a drowned person, and

about three years if the body be buried. Besides the followingcase

(XXX.) of partialsaponificationoccurringwithin a few weeks, my

own experiencecan supplythe case of a new-born child,roUed up

in coarse packsheet,and buried for thirteen montlis in a gardenwith

very damp soil,and which was alreadysaponifiedto the extent of

one-third of its whole body (Viel.Case XIV.) ; and also a more re-cent

one, in which the remains of a fcetus were found imbedded in

adipocire,and which foetus was provedto have been buried in a garden

exactlysix months and three-quarters.The formation of adipocireis

not,therefore,Hkelyto occur to any considerable extent in less than

three to four months in water, or one half-yearin moist earth,thoughits commencement may be found at a much earlierperiod,and, once

formed,it iseasilyrecognisedeven bythe most inexperienced.Adipo-cireis a fattysubstance,pure white in colour,or of a feebly-yellowish

persons, vid. SpecialDivision,Chap. vi. ; Death from Suffocation," 58 ; and

on the Putrefaction of the Embryo in utero, " 104.

* For the theory of the formation of adipocireI refer to Orfila,op. cit. i.

p. 328 ; and for its chemical examination, vid. "Wetherell,Archiv, der

Pharmacie, 1857, Feb., s. 203. t Op. cit.,i. 97.

42 "" 20, 21. SAPONIFICATION." MUMMIFICATION.

tint,extensile between tlie fingers,cuttingsoft,and melting at a

flame,liavinga dull cheese-like,and bj no means disagreable,odour.

The muscular tissue,with its tendons and their sheaths,is the first

to undergo this change,but there is no organ or tissue,internal or

external,wliich may not be so transformed. Every part so altered

becomes a shapelessmass, in which the originalstructure can be no

longerdiscerned. Accordingto the experimentsof G"ntz,"^ the

completelyformed adipocireof a corpse has a greatervolume than

all the fat pre-existingin the body. Tliis circumstance must be

carefullyconsidered in determiningthe weightof a body of a new-born

child for the purpose of ascertainingits age, and this all the

more that such bodies,when disinterred,are, at any rate, alwaysheavier than theyoughtto be, from the adheringsoil,which it is im-possible

to remove. I have never seen a whole body completely

changedto adipocire,and can therefore but confirm Devergie^sre-marks

on this head.f

" 31. Continuation. " Mummification.

In so far as the mere preservationof the body for an indefinite

time is concerned, it may not be inappropriateto assume, as some

do,J a fattyand a drymummification. But inasmuch as the "fatty

mummification,^ or saponification,is not only a chemical process,

but also one sensiblypeculiar,and quite different from the

true mummification, so these two transformations ought to be keptperfectlyseparate,though both have been found co-existingin the

same body (CaseXXYI.). The term mummification is familiarlyused to express that remarkable desiccation of the body,wherebyallthe soft parts are retained,and therefore in generalnot onlythe

form but even the features,distorted indeed, are preserved,and

assume a rusty-browncolour. The skin of such a body4s dry and

parchment-like,and cleaves closelyto the bones. The odour

resembles that of old cheese more than that of a putrefiedcorpse.The internal organs have partlydisappeared,and are partlymeta-morphosed

into a dark-brown dry substance,not recognisablebythe unaided eye as an organicsubstance,and particularlyin the

* Op. cit. p. 38.

t Fcv examples of the formation of adipocire,see Cases XIV., XY.,XXYI., XXIX., XXX., cccxx.

X Siebenhaar,Eneyc.Handbuch der ger. Arzneik. Leipzig.1838,i.s. 474.

44 " 22. CHRONOLOGY OF PUTRESCENCE." INTERNALLY.

longago, could onlyin tlierarest cases be sufficientfor the investi-gator.

Por the medical juristthe onlycases of practicalimportance

are those of mummification of the umbilical cord in new-born

children,and the mummification occurringin bodies after poisoning

by arsenic,and we will revert to both of these subjectsfurther on.

{Viel."" 34 and 99, SpecialDivision.)

" 22. Chronological Succession op the Phenomena of

puteescbnce. interna lly.

The internal organs of the body never, under any circumstances,

yieldwith uniformityto the putrefactiveprocess. Their extremelydifferent histologicalstructure,the different amount of blood and

other fluids contained in them, their superficialor more deep-seated

situation,the greateror less imbibition of fiuidsby them in accordance

with the laws of gravity,and finally,the possibilityof the access of

atmosphericair to them, now easier,and now more difficult,are

rather the occasion of the most remarkable differencesin this respect.

There are organs that requh^etwenty to tliirtytimes as long a period

as others to putrefycompletely,and the chronologyof the putrefac-tion

of the individual internal organs is therefore not onlyas certain,

but afl'ordseven a surer supportto the judgmentin determiningthe

probableperiodof death than the studyof the stagesof putrefaction

on the external surface of the body. My own long series of obser-vations

of bodies in every stage,quiteindependentof the opinionsof others who have also made a studyof this subject(Bichat,Orfila,

Devergie,Giintz,Hebreard),enables me to laydown the following

dogmata as authentic :"

1.

The internal organ that firstbecomes changedby putrefactionis the trachea,inclusive of the larynx.In perfectlyrecent bodies,or

such as onlybeginto show isolated green stains upon the abdomen,

the mucous membrane of the trachea in itswhole course down to the

bronchi,stillremains of a deadlypaleness,presupposingthat the death

has not occurred from suffocation or laryngitis.So soon, however,

as putrefactionhas progressedbeyond this," and mostly in such

bodies as, though otherwise externallywell-preserved,yet present

over the abdomen one continuous green hue,consequently,in summer,

after three to five,and in winter after six to eightdays,while,as

yet,no other internal organ presentsany visible sign of putridityoralterationfrom its natural state," we find the mucous membrane of

" 22. CHRONOLOGY OF PUTRESCENCE." INTERNALLY. 45

the trachea alreadydiscolouredof a uniform dirty-cherryor brown-

red,without any vascular injection,for it does not exist,being re-cognisable

even by a magnifying-glassin this discoloration. Whether

imbibition,or the immediate access of the external air is the cause of

tliiscoloration,must be held as yetundetermined. The inexperiencedmust be careful to avoid mistakingthis simpleand earlyoccurringpost-mortem phenomenon for capillaryinjectionand the result of

suffocation,or death by drowning.A comparisonof the illustrations

(PlateIX., Kg. 19, and Plate VIII., Y\g.23),whereof the former

representsthe putrefyingtrachea after a natural death,and the latter,the trachea of a person who has been hanged, may render the

diagnosiseasier. Difference in age, constitution,and kind of death,occasion in this respectno difference whatever. In the further pro-gress

of putrescence,the tracheal mucous membrane becomes olive-

green, the cartilagesseparatefrom one another,but months pass

away ere theydisappearin a process of generaldissolution.'^

3. The brain of new-born children,and of childi-en up to the end

of the firstyear, follows next in the order of earlyputrescence.Pro-

* I have carefullyexamined, too, many hundred bodies,with specialreference to this condition,without findingone exception,not to be able to

assert, that in fit cases other conclusions may be drawn from this earlyputrefactionof the trachea than the mere determiningthe period of death.

An instance of this is afi'orded by the followingcase, referred for ultimate

decision to the Scientific Commission for Medical Afi:airs:" The dissector of

this case of doubtful suffocation had neglectedto examine the condition of

the internal surface of the trachea, and its possiblecontents. The Commis-sion

could not, therefore,declare the suppositionof death from suffocation,

on the part of the medical jurist,to be justified,and made good the-r

reasons in the judgment given. In consequence of this,the publicprosecr.-tor was necessitated to requirea supplementary explanationfrom the medical

inspectorrespecting this point. A long time having elapsed since the

dissection,the inspectornow added from memory to the protocolthat the

trachea and larynx were empty, and their mucous membrane pale. The

protocolmade at the time of the inspectionstated,however, that the bodv

when dissected was in an advanced stage of putrefaction; and in the sup-plementary

opinion required from us, we were compelled distinctlyto de-clare

that the memory of the inspectormust in this case be at fault,as our

experience,which we have here related,led us to the conclusion,that in a

body alreadyin an advanced stage of putrefaction,the trachea was never

found unaffected by the putrefactiveprocess, but rather that this organ was

that in which evidence of putrescence would be earliest found. This case,

therefore,remained undecided, and shows that this is no idle question,but

one of distinct practicalimportance.


bablytlie natural soft condition of tliisorgan in earlycliildhood

favours its earlydestruction,aided indubitablyby the easy access

which the atmosphericair obtains to itthroughthe fontanelles,as yet

onlyclosed by a tendinous-like expansion.And this explainswhysuch juvenilebrains putrefyso much sooner than those of adults,

which are not only of much firmer consistence,but are protectedfrom atmosphericinfluences by a continuous coveringof bone. It

is certain,that while all the other organs are yet entire,and the

hues of decompositionare onlyvisible externally,the brain of such

young children is alreadydestroyed: it no longerfiUs the cranial

cavity,and is transformed into a more or less fluid,rose-coloured

pulp,which at once flows out on removingthe cranial bones,and no

longerpermitsany examination of its different parts," a circumstance

which may prove very prejudicialin attemptingto determine the

actual cause of death in dubious cases of new-born children.

3. There is no organ of the bodythat after death is found in such

various conditions as the stomach. In form it is sometimes small,and sometimes large,now distended with gas, now collapsed,at one

time haK or whollyfilledwith the remains of food of every kind, at

another empty ; no one stomach ever resembles another. Moreover,the coats of the stomach are very readilystained with colouring-matter, so that its mucous membrane displaysevery possiblevarietyof hue, yellowfrom bile,bloody,blackish from medicines or dark

juicesof fruit,"c.,ruddyfrom red wine, "c.,leavingentirelyout of

view the various pathologicalalterations,produced by catarrh,in-flammation,

corrosive poisons,and also the post-mortem process of

gelatinoussoftening.The stomach putrefiesat a very earlyperiod.The firsttraces of putrefactionappear in from four to six days after

death,in the form of isolated patchesin the fundus of a dirty-washedred hue, not circumscribed,quiteirregular,and either small,or of a

size that may amount to that of the pahn of the hand, through the

red basis of which a few livid venous cords are usuallyseen to

wind. All these appearances are first seen on the posteriorwall,where hypostasisassiststheir formation;but speedily,thereafter,they

appear on the anterior wall (Vid. the illustrations,Plate IV., Mgs.9 and 10, which representsuch a stomach true to nature, and give

an idea of the generalappearance of this discoloration).

Similar livid

venous cords are also found simultaneouslyupon its lesser curvature.

In doubtful cases of poisoning,it is most importantto recogniseand

dulyto consider this alteration,in order to preventbeinghurried


into any premature conclusion. These etains described by not a few

authors as blood-stains,or as "traces of inflammation'' (!),wliichhave been assumed to be signsof death from sufi'ocationin persons

hanged or drowned, are in truth nothingelse than what we have

described as the earliest signsof the commencement of putrefac-tion.The more this progresses, the more the stomach becomes

discoloured from a dirty-redto a blackish-grey,and in like propor-tion

its coats become softened,but uniformlythroughthem all. In

not one case have I ever seen a separation(excoriation)of the

mucous from the muscular coat, as it occurs from the action of cor-rosive

poisons,and which is not to be confounded with the simpleemphysematousseparationof the mucous coat, purelythe result of

putrefaction."^4. The intestines follow the stomach next in the clironological

succession of putrefaction,and all that has been said respectingthestomach has equal reference to them.f The well-known bilious

stainingof the parts of the intestine contiguousto the gall-bladdercaused by exosmosis,can never mislead any one who has made even

onlya few post-mortem examinations. But the hypostaticcolorationof the intestinal convolutions,which occurs early,and is sj)eciallyremarkable when those convolutions lyingin the pelvisare drawn

forwards,is much more apt to mislead the inexperienced{Vid." 11).In the progress of putrefaction,the intestines become dark-brown in

* I refer to this expressly,because, in an important case brought for

ultimate decision before the Scientific Commission, the doubtful questionof

arsenical poisoningwas unjustlydisputed,and the separationof the mucous

membrane of the stomach in the dead body attributed to the efiect of putre-faction.

f I remember no case in which (uninjured)intestines have been found

earlier putrefiedthan the stomach ;and the followingimportant case ia

Bu"Seient proof how indispensableand practicallyimportant a thoroughknowledge of the chronologicalsuccession of the phenomena of putrescenceis for the medical jurist: " In a case of suspectedpoisoningwith vinum

colchici,which occurred in the western portionof the (Prussian)monarchy,the medical man who examined the body had assumed the existence of

"inflammation and gangrene of the stomach," and, expressly,did not refer

" the dusky-redcoloration and lacerabilityof the coats of the stomach" to

the otherwise indubitablyproved putrescent condition of the body," because

the rest of the intestines had not yet commenced to putrefy." This supposed" gangrene" occasioned the protractionof this case through all the three

technical courts, and the erroneous opinionof the medical inspectorwas

finallyrectifiedby the decision of the ScientificCommission.


colour,,theyburst and dischargetlieircontents^become greasy, and

finally,transformed to a dark pultaceousmass. Orfila thinks he has

found in disinterred bodies some portionsof the intestinaltube still

existing,even where no trace of the thoracic organs was any longerdiscoverable. I suspectthere must have been some mistake in this,

such as may very readilyoccur in examiningthe organs of bodies

exhumed at an advanced period.5. In most cases, the spleenis preservedto a later periodthan

the stomach and intestines,though in some cases it putrefiessoonerthan theydo," a circumstance which doubtless dependson its more

or less healthycondition. It certainlybelongsto the categoryof

organs wliich are easilyaffected. It becomes soft,and the longer,the more pulpy,is easilycrushed, and when further advanced in

putrefaction,becomes of a greenish-steelcolour,and so soft that it

can be scrapeddown with the knife-handle.

6. The omentum and mesentery withstand putrefactionmuch

longerthan the organs alreadymentioned. They may, indeed, if

free from fat,be found well preservedeven several weeks after death,

but,if theybe loaded with fat,theyputrefyat an earlyperiod.Theybecome then greyish-greenand dry. These organs cannot easuybe

the source of errors or mistakes.

7. The liver is usuallycompact and firm,even some weeks after

death. In new-born children it beginsto putrefyat an earlier

periodthan in adults. Putrefaction commences on its convex sur-face,

which appears as if shot with green, and this colour at a later

periodoccupiesthe whole organ, which becomes at lengthcoal-black. In like measure its sanguineouscontents diminish, as of

course is the case in all the organs, by evaporation,and the paren-chyma

becomes more and more pultaceous. The denser tissues of

the gall-bladderare, on the contrary,long recognisable,only the

bladder collapses,when it contains no gall-stones,partlyfrom the

exosmosis and partlyfrom the evaporationof the bile.

8. The brain of the adult follows next in the succession of putre-fying

organs. Immediatelyafter death the brain collapses,and this

coUapse increases the more the putrefactionadvances. Singularlyenough,the firsttraces of this are found not on the surface,but on

the basis of the cerebrum as a bright-greencoloration,which pro-gresses

from below upwards,and spreadsgraduallythrough the

whole brain. Its progress being distinctlytraceable from the grey

into the wliite matter. In from two to three weeks (ofmedium


temperature)the brain becomes soft,but months pass away before the

adult brain is transformed into that reddish pap into which the brain

of new-born children is so earlychanged (page45). A wounded

braiujhowever,like all other wounded organs, putrefiesmuch more

rapidlyfrom the easier access of the atmosphere,a circumstance that

may interfere with the accuracy of the investigationin cases of

penetratingwounds of the head. Those organs hitherto enumerated

belongto the first series" viz.,those that putrefyearly.To the

second series,those that putrefylate,belongfirstof all,

9. The heart." When stomach,intestines,liver,"c., have been

for weeks visiblyfar gone in putrefaction,this dense and firm hoUow

muscle is stillfresh and allits partsrecognisable,thoughsomewhatflat and shrivelled,mostlyempty of blood,or containingonlysome

greasy dregsthereof. It at last,however, graduallysoftens,first

the traheculce,and then the walls,becomes soft and greenish,

passinginto greyish-green,and finallyblack. The small quantityof

pericardialfluid is evaporatedby the time the heart's putrefactionhas progressedto any extent,leavingthe pericardiumquitedry.Several months, however, elapsebefore the heart displaysthis

condition of advanced putridity.10. In the lungs,the work of decompositionbeginsabout the

same time as in the heart,sometimes earher. In bodies that dis-play

externallya highdegreeof putrescence,lookingas if soaked in

green, with peelingof the cuticle,"c., the lungsare often found so

well preserved,that their structure is perfectlydiscernible,thoughthe amount of blood theycontained may be no longerascertainable.This incontestible fact affords a most importantrejoinderto the

objectionsof theorists (Henke and his followers),to the sufliciencyof

the hydrostatictest of respiration.For when the lungs of a new-born

child,whose body is yet fresh,or shows at most but the

earliesttrace of putrefaction,as a green abdomen, swim on the sur-face

of the water. Theory at the desk may say, that theyswimbecause the gaseous productsof decompositionare developedwithin

them, and render them specificallylighterthan water ; but Practice at

the dissecting-tablesays, that the lungsnever putrefyat so earlya

period;and that the cases where " relativelyto other and earher

putrefyingorgans " theybegin to putrefyat an earlyperiodafter

death,belong to the rarest exceptions.Moreover, putrescencein

the lungsis practicallyunmistakable. Its first traces are the ap-pearance

of gaseous bullse,from the sizeof a millet-seed to that of

E

50 " 22. EARLY PUTRESCENCE OF THE LUNGS.

a bean under the pleura,which are so readilyrecognisedas to afford

the most simplediagnosticevidence of putridity,and so to make

the floatingof the lungsfrom this cause a matter of easy discrimina-tion.

These bullse are at first isolated,and are situated on various

parts of the lungs. Afterwards they increase in numbers, tiU

whole lobes,particularlyon the inferior surface of both lungs,

are thicklystrewn with them. The colour of the lungs,in spite

of the development of these buUse, is at first quiteunchanged.In the further course of the putrescenceit becomes darker,bottle-

green, and completelyblack,and the destruction of the parenchyma

proceedsj"^ripassu with the deepeningof the colour. The lungsbecome soft,collapsefrom evaporationof their fluid contents, and

finallybecome completelydestroyed.The followingexceptionalcases of earlyputrescenceof the lungs

are the onlyones I have seen in an extremelynumerous series of

observations of the dead bodies of children.

Cases X., XI., XII., and XIII. " Eaely occurrence oe

Putrescence in the Lungs.

(X.)The body of a mature female new-born child,that was

born alive,as was afterwards indubitablyascertained,was found dead

in the water. The cause of death was hypersemiaof the cranial

cavities. The body had, it is true, green patcheson its abdomen,but was otherwise apparentlywell preserved,and had no smell of

decomposition.Nevertheless,small gaseous buUse were found on

the upper surface of both lungs. But in spiteof this,the evidence

afforded by the docimasia pulmonaris was in every particularsodistinct,so harmonious and demonstrative,that we could not

hesitate to assume as certain,that the cluld had lived after its

birth,an opinionwhich, as we have said,was afterwards fullyconfirmed.

(XL) In a second case, that of a child born at maturityand dead

from apoplexy" most probablycaused bystrangulationby the umbili-cal

cord " thoughthe body was quitefresh,there were, particularlyon the surface of the left lung,numerous gaseous bullae,of which

one was the size of a small white bean.*

(XII.)In a third case, it was trulyastonishingto find in the bodyof a perfectlymature child " which was so fresh,as to present (in

* Vid. On tlieDecompositionof the Lungs. Spec.Div.," 94.


15. The diaphragmalso belongsto that series of organs which

are late of putrefying.True, it acquiresgreen patcheswithin the

firstfew weeks after death,but its muscular and aponeurotictissues

can be distinctlydistinguishedone from the other even after the

lapseof from four to six months.

16. Small blood-vessels coursingthroughputrefyingorgans, do

not come under observation. The largervessels,however,particu-larlyarterial trunks,succumb to the process of destruction at a

much later periodthan all the contiguoussoft parts. In one case

related by Devergie*the aorta was stillperfectlyrecognisablein a

body exhumed after fourteen months.

17. Pinally,I must (in oppositionto Orfila)assert the claim

of the uterus, over all the other soft parts,to the possessionof

the greatestpower of resistance to the putrefactiveprocess. It is

found stilloccupyingits own position,tolerablyfresh and firm,

of a dirty-redcolour,and so well preservedthat it can be cut open

and its interior examined, when not one of all the other organs

is any longera fit objectfor examination. The greatimportancewhich this fact may assume, in determiningthe existence or non-existence

of suspectedpregnancy longafter the periodof death,is

well displayedin the remarkable case givenbelow. (XY.) This fact

also holds good with respectto new-born female foetuses;age, there-fore,

has over it no influence. Such bodies come frequentlybefore

us in the most advanced stagesof putrefaction,as might be natu-rally

expected,as in a large town still-born,or speedilydyingnew-born bastards,are constantly" partlyto conceal the birth,and

partlyto save the costs of burial " secretlymade away with,thrown

into privies,sewers, or drains,or buried in cellars or gardens,"c.,and found there often after the lapseof a considerable time. But

in such cases we alwaysfind the uterus visiblypreserved,even where

the decompositionis most generaland complete,so that in such cases

it is possibleto determine the sex longafter the completedestructionof the external genitals.Most decisive evidence of this protractedpreservationof the uterus is afforded by the followingcases :"

Case XIV, " Formation of Adipociee. " Eecognisable

Uteetjs.

A human fcetus was dug out of moist gardensoil in March. It

* Op. cit. L s. 133.

" 22. PROTRACTED PRESERVATION OF THE UTERUS. 53

was quiteblackyand the whole surface matted with straw and the

remains of plants. The head had droppedoff,and at the time of

examination onlya few skull bones laynear the trunk. That the

sex was no longerexternallyrecognisableneeds scarcelyto be men-tioned.

The trunk was eighteeninches long,and weighed four

pounds and a-haK. The muscles of the trunk and the extremities

were alreadyconverted into adipocire.The thoracic and abdominal

organs were coal-black and no longerdistinguishable,except the

empty bladder,which was stul distinctlyvisible. But the dirty-reduterus,perfectlypreserved,stillmaintained its proper position.We

could,therefore,affirm that the fcetus was of the female sex, that it

most probablywas mature when born, and that it had apparentlylain

in the earth about a year, which farther judicialinvestigationfullyconfirmed.

Case XV. " Drowning in a Privy. " Protracted Preservation

OF THE Uterus. " Formation op Adipocire.

A young servant-maid,said to have been very pretty" and tliis

very possiblygave rise to the reportabout to ]jementioned " was

seized with an inflammation in her chest,in March, 18 "

,and was

about to be sent to the Hospital.But she strove resolutelyagainsttliis,assertingthat she would rather be struck dead with a hammer.

On the eveningof the same day,the 31st of March, she suddenlydisappeared.All inquiriesafter her were in vain,and, of course, it

was impossibleto determine the truth of a reportwliich then arose,

that she was with child by her master, a married man, and her own

relative,and had been made away with by him. In December of

the same year, consequentlyabout nine months subsequently,the

cesspoolof the house was emptied,and in doingthis,the workmen

unexpectedlydiscovered amongst the filth the completelyputrefiedremains of a human body. It was a most probablesuppositionthatthis was the body of the girlwho had disappearedfrom the same

house in spring,and the court was, therefore,necessitated to order a

medico-legalexamination of this body. I shall not likelyever againhave occasion to observe a greaterdegreeof decomposition,the veryattendants on the deadhouse,well inured to such cases, were dis-gusted,

probablyfor the firsttime,quiteas much by the indescrib-able

stench,as by the horrid appearance of the body. The skull,the lower jaw,and the greaterpartof the lower extremities,were by

54 " 22. PROTRACTED PRESERVATION OF THE UTERUS.

maceration bared of their soft parts the connectingligamentsof the

jointswere partlyseparated,and what of the softpartsstillexisted were

but stinkingunrecognisableblack shreds. A regularautopsy was of

course out of the question.As,however, my previousexperienceled

me to hopeto be able to replyaffirmativelyto the questionraised bythe Judge,viz. : whether it were possibleyet to determine whether

the deceased were pregnant at the time of her death or no ? The

abdominal cavitywas opened for this purpose. The abdominal

muscles were changedto adipocire.The whole of the intestines

were transformed into a black greasy mass, in which the separate

portionswere no longerto be recognised.The hver, spleen,and

kidneyswere also changedinto a similar mass. But the uterus was

found of a bright-redcolour,hard and firm to feel and to cut,its

form perfectlyrecognisableand normal, its size that of a virgin

uterus,itscavityunimpregnatedand empty. Although,therefore,wecould not give even the most problematicalopinionrespectingthelifeor death of this person, yet we could with certaintydeclare,thatthe deceased could not have been pregnant at the time of her death ;

consequentlythe former report,which on the findingof the body,had again been ujost diligentlycirculated,fell to nothing,andthe slur of debaucheryand probablemurder cast upon the reputationof a hitherto irreproachableman was removed. (Thiscertainlyre-markable

case affords fresh proof how in forensic medicine apparenttriflesmay prove to be of the most essential importance" without

the knowledgeof the fact of the uterus putrefyingso late,and so

long after all the other organs, any medical juristmight well have

been excused had he in answer to any similar judicialinquiryde-clared

his incompetenceto reply,and declined even the experimentof openingthe abdomen of such a residuum of a body.)

Case XYI. " Remains of the Body of a new-boen Child. "

Uterus still Preserved.

This case was most interestingin several respects.On the 7th of

July,18 "

,we had to examine, at Charlottenburg,the body of a

new-born female child taken out of the Spree,and which must have

been longin the water. The parietalbones lyingon the table near

the trunk were all that remained of the head. The spinalcolumn,the leftlegbelow the knee, all the ribs on the rightside and both

hands were skeletonized by aquaticanimals (rats),which had also

" 22. PROTRACTED PRESERVATION OF THE UTERUS. 55

entirely devoured the riglit lung. The length of the trunkwas

fifteen

inches, its weight only 1 lb. 13 oz.The coverings of the abdomen

were

black from decomposition, the remains of the umbilical cord, butone

inch and a-half long, wasmummified

; a proof thatan

umbilical cord

onceshrivelled to parchment, never

becomes perfectly soft, even by

lying long in water. All the abdominalorgans were changed to

an

undistinguishable grey pultaceous mass, except the bright-red uterus,

whichwas

the only organwhose texture was

still perfectly recog-nisable.

56 " 23. DETERMINATION OF THE CAUSE OF DEATH.

CHAPTEE III.

DETERMINATION OF THE CAUSE OF DEATH.

" 23. General.

Cases very frequentlyoccur, in which the most careful examination

of the body can discover no material alteration that has any re-ference

to the cause of the individuals death. Examples of this

occur, for instance,where violence has been inflicted,givingrise to

generaldisease,provingfatal after an illness of weeks or months,

long after every trace of violence has vanished from the surface of

the body. They also occur to the medical juristin those other cases,

in which a reporthas arisen,that an individual has died a violent

death,because he has been known to become iU,and die under un-usual

circumstances,and in whom, nevertheless,the autopsy does not

reveal any facts that can be taken as proofof an unnatural death.

Cases of this kind can, as I have often seen, terriblyperplexthe in-experienced.

Nothing anormal in the surface of the body,nothingin the cranial cavity,nothingin the thorax,nothingin the abdomen !

Of what did the deceased die ? How shall the certificatebe worded ?

"That the cause of N. N.'s death cannot with certaintybe deter-mined

? " This decision is in itself,no doubt,perfectlyindisputable;

but it is plain,that it can by no means satisfythe Judgewho, him-

seK inexperiencedin these matters,has summoned the medical expert

to enlightenhim. Who shall explainhow the death occurred,when

the expertdeclares himself incompetent? But the opiniongiven,

displaysa completemisunderstandingof the judicialobjectof every

medico-legalautopsy. The Judge (publicprosecutor)who follows

the traces of every suspectedor actual crime,anxious onlyto dis-cover

the truth concerningit,cares not to learn the sequence of the

physiologicaland pathologicalphenomena and causes of the death,

or to know, for instance,whether a nervous fever,or marasmus, or

such like have producedit,which certainlyis not often to be

discovered from the inspectionof the body alone,but he only

" 23 DETERMINATION OF THE CAUSE OF DEATH. 57

requiresto know^ whether the death have occurred naturallyfrom disease (itmatters not what !),or violentlyin an unnatural

(and punishable)manner from the fault of a third party. In the

former case^ of course^ he leaves the matter alone,and repones the

reports;in the latter he follows out the matter; therefore,it is

evident that a proper understandingof the objectdesired in the case

mentioned,would have led the medical juristto give a differentlyworded opinionfrom the foregoing" viz.,the following: " That the

deceased died naturallyfrom disease,and the autopsyrevealed no

reason for suspectingthe death to have occurred from violence." In

most cases the court will be perfectlysatisfiedwith such a certificate,

alwayssupposingit to be founded on fact. In other cases, however,the Judge,to whom all the previouscircumstances are known, re-quires

further particularsrespectingthe " internal disease,"assumed

as the cause of death,and particularlydesires to know, whether this

" internal,mortal disease "

may not stand in dii-ectrelation to the

previousviolence,"c.? When the medical juristson their parthave learned what has occurred,and has been ascertained beyondtheken of their autopsy,it cannot be difficultfor them to make out that

connection with the "internal disease." We shall have to relate

several cases of this nature subsequently.An exceptionto the rule,accordingto which we assume the

designation" internal disease" to be sulficient,is formed by those,

happilyrare, cases in which a want of medical skill is allegedto have occasioned or hastened the death. In such cases, of

course, it is requisitemost accuratelyto determine the diagnosis,and the stageof developmentof the fatal disease,by the results

of dissection,as the necessary pointscannot be otherwise ascer-tained.

In these cases alone is it requisiteto givea comprehensive

descriptionin the protocolof the autopsy of the pathologicalcondition found, e. g., the nature and condition of tubercles and

cavities,of degenerationsof the liver and kidneys,of any tumour

discovered,of the degreeof inflammation,of the gangrene, "c.; in

all other medico-legalcases this is superfluousfor the above-men-tioned

reasons. Tor the correct descriptionof any purelypatho-logicalconditions,which have no relation to the questionof death

by violence,e. g., the minute descriptionof an ovarian dropsyin a

woman strangled,of a Bright'sdisease in one shot throughthe head,

"c., onlyprotractsto no purpose the detention of the judicialfunctionaries,makes the protocolof the autopsyunnecessarilydif-

58 " 24. OF THE KINDS OF VIOLENT DEATH.

fuse, and is totallyirrelevant to the subjectin hand, since the

dissection is,and oughtto be, a legaland not a clinical one. This

view is constantlymaintained by the scientificcommission for medi-cal

affairs in all its revisions of the medico-legalreportsoccurringwithin the monarchy,and it quiteas often finds fault with the

physicianfor losinghimself without sufficient cause in a maze of

diagnosticpathologico-anatomicaldescription,as it defends him in

the oppositecase, where, perhaps,he may have been blamed by the

medical boards."^

" 24. Of the Kinds of Violent Death.

The cases described in the foregoingparagraphsconstitute,never-theless,

on the whole,but the smallest part of those coming before

the medical jurist,whilst the largerproportionis made up of those

which have suffered a violent death. Death from violence may, how-ever,

occur in six different ways, and this division of the subject

seems most advisable for the attainment of the practicalend in view.

1. Mechanical death. " This occurs rapidly,generallyinstantane-ously,

when the organic'^machine'' is completely,or almost wholly,or onlyin its most importantpartsdestroyedby mechanical violence,

as happens,for example,by the sudden fallof buildings,walls,beams,masts of ships,by the crushingby sails of windmills,the wheels of

machines,and the like ; further,by the roastingor broilingof the

body,by its beingrun over by carriagesor railwaytrains,by explo-sionsof gunpowder,tand by the squeezingof new-born children

into boxes,"c.; to this categoryalso belongmost gunshot-wounds,

such,for instance,as destroythe brain,heart,lungs,or spinalmarrow.This mechanical death stands in oppositionto all other kinds of

* The recent Prussian " Regulation,"of loth. Nov., 1858 {vid.Part Third,

p. 93) has, very properly,taken notice of this in its officialdirections.

f By the explosionof a manufactoryof fireworks in this city(Berlin),four persons were killed. The proprietor,D "

,had the whole left half of

his head blown off;the rest of his body was uninjured. One workman had

his skull-bones completelysmashed, the entire scalp remaining perfectly

uninjured,just as I had twice before seen it in the case of suicides where

the shot had not passedthrough the head. D " 's wife had probablybeen

killed by a blow from a beam; and a workman, who was ill in bed in

a shed near the workshop,was blown to a distance of a hundred feet,bed and

altogether. The body of this man was quite unrecognisable,the back of

the head torn off,and every limb smashed in pieces. The shed and the

workshop (a small house in a garden)had entirelyvanished.

60 " 24. OF THE KINDS OF VIOLENT DEATH,

externalas well

as internal, whatevermay

have been their source,

also death from exhaustion and starvation.

.

6. Di/samic death."

It is perfectly incontrovertible, that death

from vitiation of the blood (blood-poisoning) does exist. The mi-croscope

and test-tube make this patent to aU, though truly the

actual autopsy of the body onthe dissecting-table, only occasionally

permits it to be suspected fromsome peculiar anormal quahty of the

blood, which, moreover, may easily prove deceptive. A host of

poisons kill only by poisoning the blood, particularly the chronic

ingestion of arsenic, prussic acid, alcohol, probably most of the

alkaloids, certainly phosphorus, according tomy observations, subse-quently

to be detailed (" 34, Special Division), and possibly many more

poisons than itcan as yet be positively afiirmed of. To this class of

death from dyssemia belong also thosecases

in whichsevere injuries,

followed by illness and operative interference, destroy life by pyaemia.

"It need scarcely be said, that this classification of the various

species of deaths hasno pretensions to be

a strictly logical one.

Such it is impossible to construct, becausevery frequently the results

of several kinds of deathare

found united inone

individual object of

examination, e. g.,mechanical laceration and hsemorrhage following

gunshot-wounds, mechanical destruction and suffocation in thecase

of those buried ahve, the results of inflammation and dyseemia sub-sequent

to injuries, "c. But the necessity fora

determinate classifi-cation

of the results of the autopsy according to general categories,

makes itself daily morefelt by the medical jurist, and those

now

propounded have at least the merit of practical utility.

OF THE EXAMINATION OF THE BODY. 61

PART SECOND.

PERIOD OF THE EXAMINATION OF THE BODY.


Regulations foe, the procedure in the Medico-legal Ex-amination

OF Human Bodies^,of Date 15th November, 1858.

" 3. No medico-legalautopsyshall he proceededwith previousto the

lapseof 24 hours from the death,providedthat the time when that

occurred is known. The body may, hotvever,be inspectedat an earlier

period.

" 4. Medical men are not usuallyto decline,or omit to performan autopsyon account of the existence of decomposition.For even

at a very advanced stageofputrescence,anormalities,and injuriesofthe hones may yet he ascertained,foreignhodiesdiscovered,pregnancy ,

8fc.,detected,and many hinds of poisoningmay yet he proved.

Where, therefore,it may he necessary to disinter a bodyfor the pur-pose

of determiningany such questions,medical men are to decide

upon its proprietywithout any referenceto the period elapsedsince

the death.

" 25. Suitable and unsuitable Time.

In every autopsy,but speciallyiu every autopsyundertaken for

forensic purposes, it is greatlyto be desired,that the forensic phy-sicianshould be enabled by the legalauthorities to undertake the

examination as soon after death as possible,before any of those

various post-mortem phenomena alreadydescribed can occur to-

obscure facts,or to render their establishment impossible,as may

only too readilybe the case where putrescencehas alreadysetin. The statutoryregulationsalreadyquoted,have very properlyfixed twenty-fourhours after the death as the earliest periodfor the

performanceof the autopsy,because within this time the body is

found to presenttrustworthysignsof death (Vid. " 7, "c.),andthere is,therefore,no longerany risk of findingon the dissecting-

62 " 25. SUITABLE AND UNSUITABLE TIME.

table one not reallydead. Most medico-legaldissections are, never-theless,

made at a much later period,as may be easilyunderstood

from the nature of the circumstances. Sometimes the corpse is first

discovered at a late period,at others,the ofiicialprocedurebefore

the law authorities has delayedthe appointmentof the periodfor the

autopsy,sometimes considerable time is requiredto transportthe

body to the localitywhere it is to be examined, at others,the wit-nesses

necessary to identifyit cannot be broughtforward so early,"c.

Nevertheless,it is certain,that from twenty-fourto thirty-sixhours

after the death is the fittesttime for the examination of the body. But

the medical juristmust also be preparedto examine the body even at

an unfit time,because the laws direct him to do so, and because in

the cases referred to by them, some practicalresult may be probably

expected; he will not,therefore,shun this often most unpleasantbusi-ness,

nor seek by false pretextsto induce the Judge to desist from

requiringit,if the consciousness of the importanceof his vocation

fillshis breast,and the scientificinterest of the professionto wliich

he belongs,burns within him. Medico-legalautopsiestake placeat

unsuitable times when theyare performedunder the followingcir-cumstances

: 1. in advanced putrescency; 2. after a precedingprivate

autopsy; 3. in the case of bodies or fragmentsof bodies disinterred.

Under these circumstances the autopsymay be termed late,and this

topicwe shall now consider.

" 26. Late Autopsy. " a. In a Putrid State of the Body.

The regulationsin " 4 of the New Code, comprisealmost all the

cases in which successful results are attainable in the examination of

perfectlyputrefiedbodies. It is true,that " anormalties {e.g., excess

or defect)of the bones,injuriesof them " [e.g., fractures,gunshot-wounds, "c.),or "foreignbodies,'"*as balls,pointsof knives,"c.,

may be discovered;" pregnancy'"'

may be detected,where it was pre-sent

at the time of death,or where it was onlysuspectedit may be

proved not to have existed,of which the case (XV.) alreadygivenaffords evidence,and many kinds of poisoning,that is not only'' arsenical,^'but most probablyalso,every other kind of metallic

poisoning"^ may be proved. But, also,the importantquestionoflive-birth may possiblybe settled even by the data afforded by the

* Vid. Case XXV., in whicli we discovered mercury in a body that had

lain buried for six months and a-half.

" 26. LATE AUTOPSY. 63

putridbody of the cliild. Tor the consideration of this,Vid, " 106,

further on. Indicative facts may be furnished,and even at a late

periodthe condition of the bones may furnish presumptiveproofof the maturityor immaturity,of a new-born child,as for example,is shown by the case (XXIX.), afterwards to be given. Tinally,

partswhich resist putrefaction,as the hair and teeth,must be sub-mitted

to inspection,for the purpose of establishingthe identityofthe body in importantcriminal cases, and of the importanceof this

the case (XXXI.) givenbelow, affords the most remarkable proof.

Case XVII."

^Detekmination of the Nature of the Death in

A perfectly Putrefied Body.

The followingvery peculiarcase is exceedinglyinstructive,in

regardto the necessityof never refrainingfrom examininga body on

account of its advanced state of decomposition.During the un-usual

heat in August,of 25^ E. (88* P.)in the year 185 "

,a well-

clad man was found lyingdead justoutside the town. He had silk

gloveson his hands,and in the rightone held a pocket-handkerchief,

upon which there were said to be stains of blood. Near the bodythere lay a small,old,blunt,and worthless single-bladedknife,not

Hkelyto have belongedto such a well-clad man, and upon which

also stains of blood were said to have been found, and these circum-stances

occasioned the necessityfor a medico-legalexamination of

the body. The corpse was alreadyblackish-green,the cuticle peeled

off,and myriadsof maggots covered the body; the brain ran out,

"c. But in spiteof the generalanaemia from putrescence,it could

stillbe distinctlymade out that the deceased had died from apoplexyof the heart,since the rightside of the heart and the pulmonary

arterywere stilldistended with a putrefyingpultaceousmass of half

fluid,half coagulatedblood. Moreover, the entire absence of any

wound in the body,perfectlyjustifiedthe opinion,that the knife

had not been the cause of death,while the autopsy also did not dis-cover

any other external cause as the active agent in producingthe

death ; and upon these explanationsthe further prosecutionof the

case was dropped.

" 27. Continuation. " b. After the Completion of an Autopsy

elsewhere.

Cases occasionallyoccur in which the body,beingbroughtto the

64 " 27. LATE AUTOPSY.

medico-legaldissecting-table has not onlyhad allits cavities^but even

all its organs laid open, partlyfrom precipitation,and partlybecause

the wounded person had died in an Hospital,where it was not known

at the time of death that the case would come under the cognizanceof the law, "c. In such cases it may happen,that the medical

juristcan no longerdetermine the nature of the death,but this pos-sibility

can never be acceptedas a sufficient reason for at once

decliningthe task. For there are injuries,which leave indehble

traces of their fatal effects,so that even a second dissection may

afford certain proofof the cause of the death,and in other cases,

where this certaintymay be unattainable,yet a more or less probable

opinionmay be givento the Judge,to serve as a basis for the further

conduct of the case, of which he would be entirelydestitute should

the medical juristhave decHned the task on the score of incompe-tence.That the latter must be speciallycareful in forming his

judgmentin such cases, is self-evident ; generalrules cannot, how-ever,

be given,each case must stand upon its own footing.

Case XVIII. " Injuey of the Head in a Body already

DISSECTED.

A builder,by the breakingof a rope, met with a severe injuryto his head from an iron bolt. He was sent to an Hospital,there

treated,and after his death dissected,before the law could stepin.

We found the cranial cavityempty, and the brain cut up and stuffed

into the abdomen. But at the oasis cranii several partsof the sphe-noid,ethnoid,and of the orbital portionof the frontal bone were

found broken off,and,accordingly,presupposingthat these fractures

had been caused by the injuryin question,we could upon this basis

build a most probableopinion.Had the case gone further,which it

did not, and had a report of the autopsybeen required,alongwith

which the historyof the case from the Hospitalrecords would have

been laid before us, in spiteof the previousdissection,the case, as no

one can doubt,mighthave been decided with the utmost certainty.

Case XIX. " Eupture op the Liver and Fracture of the Eibs

IN A Body already dissected.

A workman had been driven over and killed. His body had been

dissected by a privatephysician,and it was broughtbefore us in the


followingcondition :"The head remained unopened; the thorax and

abdomen had been stitched up in the usual manner after the section.

Near the body laya liver which was divided into two parts by a

longitudinaltear down the middle. The stomach and intestines had

been ligaturedand removed (forwhat purpose, it was impossibleto

say),and laynow free in the abdominal cavity.In the thorax the

lungsand heart were both drained of blood,and much cut up. The

brain was normal. Any effusion of blood into the abdominal cavitycould no longerbe recognised.Besides the rupture of the hver,

which, as is so often {Vid." 33, Gen. Div.)the case, was betrayedbyno external mark of violence,there also existed a fracture of four

ribs. We gave it as our opinion,that if the liver shown to us was

that of the deceased (wliichthe Judge could easuyascertain by in-terrogating

the witnesses,and did so ascertain),and if the rupturetook placeduringlife," both of wliich seemed from the circumstances

highlyprobable,"then no doubt could be entertained as to the

necessarilyfatal character of the injury.

Case XX. " Gunshot- Wound of the Axillaey Aetery in a

Body already dissected.

On the 10th of February,1851, the boy K., agedthree,was play-ingwith a short musket, which, as was afterwards ascertained,had

been loaded since the year 1848. The gun went off,the shot takingeffect in the rightaxilla. The boy was immediatelytaken to the

Hospital,and died there on the 19th of the month. On the 22nd

the body,which had been alreadyopenedat the Hospital,was broughtbefore us for officialexamination. Three and a-haK inches of the

rightaxillaryartery were wanting. The clinical assistant being

present,displayedthis portionof the artery,which had been cut out

by himself afterthe boy^sdeath;in the middle of itthere was a ligatureof red tlu-ead,and about a quarterof an inch from it,an openingthesize of a pinheadin the artery. In the axillaryregionthere were,

close to one another,three circular openings,two to four lines in di-ameter,

with sharp,smooth, and dry edges,which penetratedthedermoid tissues. One inch beneath these there was a wound an

inch long,with sharpedges(wound of operation),which penetratedinto the muscles. The lungsand the heart were much cut up, but

exhibited an unwonted paleness.On the fourth rib of the rightsidethe bone felt roughexternally,and internally,the vessels were dis-


tinctlyinjected.The liver,spleen,and kidneyswere cnt np, and

also exceedinglypale. The vena cava was almost empty. The

cranial cavityalone had not been opened. The meningealvessels

were paleand almost empty of blood. The sinuses were completely

empty of blood,the brain itselfonlyvery pale.Under these peculiarcircumstances,we could have no hesitation in stating:" 1, that the

deceased died from internal hsemorrhage; 2, that this arose from

the injuryto the rightaxillaryartery; and 3, wherebyit came under

the cognizanceof the then penalcode : that this injuryhad been

the necessary cause of death. In this case, consequently,the pre-vious

privateautopsyhad no influence whatever over the opinionformed by the medical jurists.

Case XXI. " Injury of the Head in a Body already dissected.

A five-yearsold boy was struck on the head by a washing-basin;he was carried to an Hospitalfor treatment,and there died,and was

dissected. On the rightside of the forehead there was a horizontal

wound about an inch and a-half long,alreadyhaK healed,its edges

kepttogetherby stitches. At this point,a triangularportionof the

frontal bone had been sawn out. The brain was cut to pieces,but

it had evidentlybeen covered with purulentmatter. The inferior

portionof the skull was uninjured.All the thoracic and abdominal

organs were completelycut up. We could,therefore,state sum-marily

as our opinion: 1, that the boy had died from suppui'ationof the brain,and 2, that it might be assumed as in the highest

degreeprobable,that this had been the result of the injuryre-ceived.*

" 28. Continuation. " c. On Disinterred Bodies and Frag-ments

OF Bodies.


Penal Code, " 46. " Offencespunishablewith death,fall under

the statute oflimitation afterIrirty years ; offencespunishablewith

deprivationof libertyfor more than ten years, come under the same

statute afiertwenty years; offencespunishablewith deprivationof

* Vid. also Cases XXIII. and XXXI., as examples of the examination

of bodies alreadydissected and buried.


fatal internal ailment are proposedto be settled by the exbnmation

of a body alreadyburied for weeks or months^ or where any doubt

is proposedto be solved by reference to some peculiarityin the soft

partsof such a body.As to the bones^" againto return to them^" it

is weU-known for how long a periodafter death theyremain recog-nisable.

The bones of King Dagobertwere well preservedwhen

dug up in the Church of St. Denis^where theyhad been buried for

twelve hundred years (Orfila).Haller supposedhe had procuredgelatinefrom the bones of a mummy two thousand years old,and

Orfila confirmed this in so far as that he procured27 per cent, of

gelatineby boilingbones six hundred years old. I myselfpossessthe ulna of an adult,which I saw dug up at Pompeii in August,1844, and which must, therefore,have been buried in its ashes

somewhat less than eighteenhundred years ; and it is so completelypreservedthat an anatomical demonstration might be givenon it.

All such curiosities are in so far of practicalvalue,that theyteach

us that bones exhumed within the longestprescriptiveperiod{thirty

years)are yet capableof affordingconclusive information.This is

particularlythe case with the skull bones, all the long bones,and

the almost indestructible teeth,while the more spongy bones, as the

vertebrse,are decomposedearlier. My own experienceis not sufficient

to enable me to say more respectingthe gradualalterations which the

bones undergoduringthe firstthirtyyears after death " the only

periodof practicalimportance" and I must, therefore,refer to the

various authors upon this subject,whose observations,nevertheless

(restingon personalobservation ? ?) contain the greatestcontradic-tions,

and must be received with caution."^

In proofof what I have said,I appendthe followingcases of the

exhumation of bodies,or partsof bodies.

Case XXII. " ^Exhumation of the Body aftee three weeks to

ASCERTAIN THE EXISTENCE OF MEMBRANOUS CkoUP.

A three-yearsold boy was lost by his parentsin the open country,and three days afterwards found dead, and buried. Tln-ee weeks

later,on the 21st of July (why? is to me unknown), the body was

exhumed for the purpose of ascertainingif he had died of croup (!).

* Vid. Kanzler 'sexquisitetreatise on Medico-legalSkeleto-necropsie,in

Casper'sYierteljschft,Bd. v. s. 206 ; and particularlyin Bd. vi. s. 121 and

s. 202, and Bd. viii.s. 44.

" 28. LATE AUTOPSY. G9

The entire countenance^ scalpdermoid coveringsof the neck^ and

its muscles were destroyedby thousands of maggots. The whole

body was covered with mould (fungi).No external injurieswerediscoverable. The brain had disappeared^and the dura mater laylike an empty bag in the cranial cavity.The soft partsof the fauces

were quitedestroyedand the cavityfilled with putridfluidsand

thousands of maggots. Larynx and trachea were alreadydevoured,and their mucous membrane dissolved in a bloodyichor. There was

no trace of membranous exudation. The lungswere quiteputrid,the heart flabbyand shrivelled,the stomach,spleen,kidneys,and

liver alreadyin a more or less advanced stageof putrefaction.The

decision naturallyarrived at was, that whether the child had died

of croup or no, could neither be decided with certaintynor pro-bability.

Case XXIII."

Exhumation aftee, twenty-three Days, foe, the

PUEPOSE OF DETEEMINING DeATH BY ArSENICAL PoISONING.

The wife of a physicianhad raised an action of divorce againsther husband, who was ordered to repay her dowryof 12,000 dollars

("1,800). On the eveningof the 8th of May, while the case was

yet under appeal,the familyate a herringsalad. The wife who ate

alone in a back chamber, had her portionsent her by her husband.

All the familyremained unaffected ; the wife,however, was seized

with vomitingduringthe night,which lasted four days,and cut her

off on tlie12th of May. Her husband allowed her to be openedbya surgeon, a friend of his own, who was struck by the quantityof

eau de Cologne the husband poured into her abdomen at the time

of the autopsy. The body was buried,but after the suspicionof

poisoninghad arisen itwas disinterred,and broughtto us for medico-legal

examination,on the 4th of June, three-and-twentydays after

the death. The body presented(afterthree weeks)on most partsthe usual post-mortem discoloration ; on the trunk and superiorex-tremities

alone numerous green and excoriated patcheswere visible.

The posteriorwall of the stomach was uniformlystained of a dusky-red,manifestlyfrom hypostasis; interiorlythe raucous membrane was

elevated by numerous bullse,caused by decomposition,but neither

granularnor crystallineparticles,nor inflammation,nor effusions of

blood,nor grangrene, nor perforation,were discoverable. In the

rest of the bodynothinganormal could be detected. The oesophagus.


the stomach,the duodenum, and also the blood and urine from the

corpse were subjectedto careful chemical examination, directed of

course to the detection of metallic poisons,particularlyof arsenic,in-asmuch,

as there was no reason for suspectingthe existence of any

organicpoison.None of these viscera,however, nor the blood, nor

the urine, gave any traces of any metallic poison,particularlyof

arsenious acid, and as the results of autopsy were also perfectly

negative,we were constrained to declare,that the suspicionof

poisoninghad not been confirmed by any material proof. The

circumstances under which the death occurred were, nevertheless,

very striking.

Case XXIY." Exhumation after Twenty Days. rKACTURE of

ElBS, ETC. PlEUEITIS.

This case could be perfectlyexplainedthree weeks after death. It

was that of a woman, aged 80 years, who was driven over, and died

in the Hospitalafter six days. The body was stiU (inFebruary)tolerablyfresh,onlythe abdomen was alreadydark-green,the cuticle

abraded,and the colour of the eyes no longerrecognisable.In the

absence of any other importantcranial injuries,the scalpwounds,which could be seen to have been artificiallyenlarged,could not be

regardedas the cause of death,any more than a transverse fracture

of the cheek-bone could be. But we found five ribs on the left side

(the third to the seventh inclusive)transverselyand doubly frac-tured,

with tolerablysmooth edges,and we found "the distinct

traces of an ecchymosisof the soft partscoveringthese ribs," and

also that the pleuraof the left side was" distinctlymuch redder "

than that of the rightside. In the left pleuralcavitythere were

eightounces of bloodyfluid,and none in the rightone, this circum-stance

being opposed to the idea of the effusion being merely a

cadaveric phenomenon. Both lungs were connected to the ribs bysoft and purulentadhesions,which could be easilytorn, and were,

therefore,of recent formation" on the superiorlobe of the right

lung there was a small blood coagulum the size of a two-shiUingpiece. It was, therefore,easy to decide that the woman had had

her ribs fractured by the accident,and this had givenrise to fatal

pleuritis.


Case XXV. "Exhumation after Pive Months and a-half, foe

THE purpose of DETERMINING THE EXISTENCE OF POISONING BY

Arsenic. "

On the 24tli of January,18 "

,tliewidow P. died at a country-

house belongingto B., where she was on a visit. The latter had

giventhe deceased" already55 years old " a promiseof marriage,,on

the strengthof which he had received possessionof her somewhat con-siderable

property,bnt he had speedilydrawn back,and the repeated

requestsof E., either to consummate the marriageor return her

goods,were of no avau. At this time E. died, as we shall see,

under very suspiciouscircumstances. Soon after her death B. sold

the property,and removed to a distant province.Reasons for

suspectinghiin and his housekeeper,U., who was pregnantby him,of beingaccessory to the death of E. graduallyaccumulated,and it

was thoughtnecessary to exhume her body,which exhumation we

were requiredto attend. We assisted at the whole of the tedious

and difficultproceeding,which was undertaken on the 10 th of July,consequentlyjustfivemonths and a-halfafterthe death ofF. We

have extracted the followingmore importantpassages from the

protocol,and subsequentreport of the autopsy:" The body was

completelyclothed ; on attemptingto unclothe it,this was found

impossiblewith respectto the upper extremities,the hands covered

with gloves,and the legsand feet clad in shoes and stockings.The

clothingwas covered with mould and innumerable maggots. The

body emitted (asusual)not so much a smell of putrefactionas one

of old cheese. The head,whose features were stillso distinct as to

be recognisedby old acquaintances,was covered by a hood,which

also could not be removed. The countenance of the woman, said

to be fifty-fiveyears old,was of a dark-greycolour,dryand leathery,mummified. The eyeballswere wanting,and also the nasal carti-lages

; the tongue laybehind her imperfectteeth. The ears were

well preserved,and in both were goldenearrings.The plumpnessof the body and roundness of the limbs were completelypreserved.All the anterior partof the body was of a red brownish -yellow,andhad the exact appearance of burnt portionsof skin after death. The

skin cut leathery.The posteriorsurface of the bodywas of a some-what

brighter-red,but even here the skin was leathery.The natural

cavities were free of foreignbodies. The neck was in the same


condition as tlieface,and no mark of injuryor of strangulationwas

perceptible.In the abdomen the intestines preservedtheir natural

situation. The external fat,which was plentiful,was hard,but well

preserved. The peritoneumeverywheredisplayedits usual palecolour. The omenta were loaded with fat. The liver was very small

and of a steel-greycolour,the gall-bladderquitefull. The stomach

was of the usual size,quiteempty and collapsed,feltsoft and greasy,

and had a greenish-brownappearance. After beingproperlyliga-turedit was removed and opened; its mucous membrane was of a

darkish-grey,and completelyfree from ulcerations or other anor-

malities. The stomach and a pieceof the liver were set aside for

chemical examination. The intestines were of a pale-greyishcolour,

and perfectlyempty. The kidneysaad spleenwere softened by de-composition,

the urinarybladder was empty, the uterus, firm and

bright-red,was quiteempty, as were also all the largevenous trunks.

The lungslayfree in the thorax,were of the usual colour,and emptyof blood. The heart was flabby,collapsed,and perfectlyempty.Trachea and larynxwere empty, their mucous membrane of a

brownish-red colour. The oesophaguswas empty, and displayed

nothinganormal. It was also removed for chemical examination.

After the removal of the skull-bones,the brain was found so much

decomposedas to be almost all run out.

The chemical analysis,which was prosecutedwith the utmost care,

provedindubitablythe entire absence of every arsenical compoundin aU the partsof the body examined, and also the absence of every

other injuriousmetal,with the exceptionof a very small portionof a

mercurial compound.In our reportof the inspectionwe have said,"Nothing certain is

to be ascertained from the officialdocuments respectingthe circum-stances

precedingthe death. The entire historyof the disease is

wanting,an omission which is not compensatedfor by the minutes

of the examination of the physicianin attendance " the village

surgeon (!)S. The circumstances broughtto lightare certainlyfitted to giverise to the suspicionof poisoning.At the commence-ment

of her illness,acquaintancesof P. who came to B. to visither,

were attemptedto be put off by the housekeeperwith the informa-tion,

that neither F. nor B. were at home, and not succeedingwith

this,she declared the doctor had forbid any one to see the sick

person, which he denied. Admitted at last,her friends found her

lyingin a dark room, wliich the housekeeperwas with difficulty


prevailedon somewhat to enligliteii.P. was disgustedwith wine,and shuddered when her friends tried to persuadeher to take some

of that standinghj her. formerlyalwaysknown as' fresh and

healthy,'she now complainedof painsin the neck, violent heats,

soreness of the mouth, frightfulpainin the stomach, and constant

vomiting.B. had ordered her excrements to be so disposedof,that

no animal should get at them to eat them I The cook deponed,thattowards the end of the illness,the housekeeperhad with her own

hands made readyaU the food for the sick person, and pouredthe

physicinto the soup after she had positivelyrefused to take any

more. The cook also deponesto have heard such expressionsas "

' As soon as the devil shall have carried off the old one.' Whilst

both the accused complainof the deceased's intemperancein eating,and particularlyin drinking,and ascribe to tliisher fatal illness,all

her former acquaintancesdeclare,that P. was alwaysexceedinglytemperate. The unusual haste with which B. conducted the funeral

was also remarkable,and stillmore remarkable that he,when appre-hended

at the commencement of the preliminaryproceeding,shouldhave hanged himself in prison!" After explainingat some length,that aU these circumstances afford of themselves no ground for a

medico-legalopinion,the report goes on to say :"

" At the com-mencement

of the Christmas hoUdaysthere was a dinner at B.'s,at

which, accordingto both the accused,the deceased P. ate most

voraciously,and also drank largelyboth of white and Hungarianwines. Soon after the conclusion of the meal she commenced to

vomit,continued to complainfor a few days,but was soon restored

to health. In the middle of January,however, she sickened again.She complainedof rigors,painsin the neck, and constipation,she

coughedand was feverish ; two daysafter this,the use of diaphoreticsand purgativeshad quiterestored her,so that the surgeon in atten-dance

says, he ordered her nothingmore, " a statement at variance

with the dates of liisprescriptions.On the day of P.'s death,he

says he saw her again. ' I found,' he says,' the state of her

health stul in a gastriccondition,or rather,I found it once more

gastric'This is all this 'physician'(!)has to say of this dying

person " for F. shortlyafter died. In strikingcontrast with this is

the depositionof the cook "

' On the morning of her death,she

complainedof frightfulpainin her belly,a constant burning,wliichmade her drink cold water. She died suddenlyin full consciousness.

Her last evacuations were greenishand watery.'This witness also


deponesto havingseen' ulcers and sore places' in the mouth of E.

duringher iUness. Any opinionas to the disease of which P. died,

founded on these few and superficialdata,must of necessityamount

only to a probabilityor suspicion.There is no doubt, but that

symptoms are specifiedwhich do occur after poisoningwith corrosive

poisons,such as arsenic and subhmate, particularlythe frequent

vomiting,the feelingof weightin the stomach, the ' fearful pain,'the 'continual burningin the belly,and the sores alluded to, as

havingbeen seen in the mouth ;'

on the contrary,the circumstance

that the vomitingwas observed in the firstillness,and the painin the

bellyin the second ; further,and quiteparticularly,the fact,that the

death was sudden and attended by perfectconsciousness up to the

last moment, all militate againstthe suppositionof poisoning; and

this all the more, that all the symptoms stated as occurringin this

case, are also peculiarto other diseases. It follows from this,that

the phenomena observed duringthe illness of P., do not by any

means permitthe assumptionof the administration of poisonbeingmade out with that certaintywhich the law requires."And justas

littleis this to be made out from the results of the autopsy. It is

of course a source of regret,that this has onlybeen performedafter

the lapseof half a year from the time of death,when the putrefactive

process has alreadyhad time to destroy,more or less,all the organs

of the body. Still,even after a much longertime,in cases of true

arsenical poisoning,exhumations,and dissections,have been attended

with probativeresults,""c. (Here follows details respectingthe

mummification of such bodies)."Now it is true, that a certain

amount of mummification was observed in the body of P., as we

have alreadydescribed ; but itwould be rash indeed to conclude from

this appearance, that arsenical poisoninghad indeed taken place.Por mummification has been often enough observed in bodies,where

arsenical poisoningcould not for one instant be supposedto exist,

where the soil or the vault in which the body was buiied or placed,

possessedcertain peculiar,not yet sufficientlyknown conditions,

which favour the occurrence of this process. Wliether this is the

case with the soil of the churchyardat B. is,of course, not known to

us, and it is doubtful,whether cai. par. other bodies buried there

would not exhibit similar phenomena on beingexhumed ? No other

* The old penal code (A. L. R., Thl. ii.Tit. 20, s. 858),wMcli requiredcertaintyof proof as to the administration of the poison,but onlyprobabilityas to the fatal issue.


tliefeatures of the corpse were found to be perfectlyunrecognisable,tbe whole body of dirty,blackish-brown colour,covered with mould,

emittinga fustyodour,and tolerablystiffand immoveable, in many

parts,particularlyover the whole superiorextremities,and on the

face the surface was distinctlymummified, that is,it cut like wood,

and was of a deep,dirty-browncolour. The internal surface of the

scalpwas alreadypartiallyconverted into adipocire; the lamb doidal

suture on the rightside was separatedto the extent of two lines,

the occipitalbone fractured to the extent of two inches,the entire

brain collapsed,lyingloose within its membranes, and changedto a

grey pultaceousmass ; the basis cranii was completelysplitacross by

a fracture which extended from the rightpetrousportionof the tem-poral

bone to the leftone, rightthroughthe sella turcica. The lungs

layshrunk up in the posteriorpart of the pleuralcavities; theywere

greyish-black,and perfectlyanaemic,as was also the whitish-grey

heart,the texture of which was stillperfectlyrecognisable.The

trachea and oesophaguswere converted into adipocire.Some dried-

up remants of food layin the stilldistinguishablestomach. The

omenta and mesenteries were converted into adipocire; the liver and

the spleenwere whitish -grey, empty of blood,and floated in water ;

the kidneyswere transformed into an adipocire-likesubstance,as

were also the intestines,which were alllumpedtogether;the urinarybladder and the vena cava were quiteempty.

The cranial injuries,which,from their nature and extent,could not

have heen producedafterdeath {Vid." 6, Spec.Div.),led to the

conclusion that the head of the child had been struck with great

violence,and that the very considerable injuriesto the skull which

had thence resulted had caused its death.

Case XXYII. " Exhumation of the Eemains of a Child

AFTER Two Years, in order to determine the fact of

Poisoning by Arsenic.

In this case, I was consulted by the publicprosecutorof a foreignstate,whether I would consider that the exhumation of three children,

supposed to have been poisonedby their mother twelve,eight,and

two years previously,could be of any practicalutihty,for if I

thoughtso the exhumation would be carried out. I proposedto

proceedwith the disinterment of the body of the child that died last

(twoyears previously),and to wait the result of itsexamination before


proceedingto disinter the other two. Three months afterwards the

remains of this body were sent to us, alongwith earth from the

grave, "c. The body, accordingto the protocolsent with it,had

been taken out of the cofiin,which was still extant in the grave, bythe hands of the officialphysicianin that district,and placedby liim

in a jar. The shavingshad also been removed from the coffin and

packed in a box, in which a portionof the wood of the coffin and

some of the earth next it had also been placed. The district physi-cian

explainedin his protocolthat " the body was that of a child

onlya few weeks old. It was so far recognisablethat the cranial

vault still preservedits form ; it was, however,so tliinand brittle

that it fellto pieceson being touched. The bones at the base of

the skull,the vertebrae,and the rest of the bones,seemed to preserve

tolerablyaccuratelytheir proper position,but all the ligamentsandother soft partswere alreadycompletelydecayedaway. The feet and

hands could be no longerrecognised,nor any article of clothingdis-tinguished.'^

In conjunctionwith our sworn expert,apotliecarySchacht,I next proceededto open the jar,and in it we found a mass

of brown shavings,the remains of a few bones and of a skull,and

a human-like brownish-black mass, which we took to be the remains

of the putrefiedsoft parts and softer bones. These matters were

submitted,singly,to the most careful analysis,with the view of dis-covering

the possiblepresence of lead, copper, mercury, bismuth,

antimony,or arsenic,and the result obtained was that the remains

of the body and the shavingsin the pot contained not the smallest

trace of arsenic,but that in both there was a mere trace of oxide of

copper." This fact,"we stated in our report," cannot be regarded

as proof of the chud having been poisonedwith any preparationof

copper (asverdigris,"c.). Por, besides the fact that a portionof

the shavingssurroundingthe remains must have been included in

making the analysis; that further,it was probablyburied clad in

woollen or linen cloths,and that it has been proved by the investi-gations

of Sarzeau,John, Meissner,"c,,that copper exists normallyin vegetablematters ; the recent researches of Wackenroeder (Archiv.der Pharmacie, October, 1853) have proved beyond a doubt that

traces of copper are often to be found in human blood." Under these

circumstances,we did not proceedto examine the contents of the

box till further inquiriesshould be made; this examination was

never required,and the other two bodies were never exhumed.


Case XXVIII. " The Disinteement of a few Bones.

In March, 18 "

,several human bones were givento me by the

pubUc prosecutorwith a requestto state,after inspectingthem " how

longtheyhad been buried,and whether traces of the perpetrationof

any crime could be found on them ? In my short reportI replied,that I had examined the bones in question: " theyconsisted of the

skull and bones of the upper and lower extremities of a human

being. The individual to whom theybelongedmust have been be-tween

twentyand thirtyyears of age when he died. No traces of

the perpetrationof any crime were to be found on the bones,which

were all,particularlythe skull,quiteuninjured.The yeUow colour

and weather-beaten condition of the bones led to the conclusion that

theyhave been for many years lyingin the earth,thoughit is not

possibleto state exactlyhow many. Yet I think I do not err in

statingthat theymust have been buried for a periodlongerthan

sufficient to permiteven the most serious crime to fallunder pre-scription."

This opinionsatisfiedthe publicprosecutor,and the case

was allowed to drop.

Case XXIX. " Exhumation of a New-boen Child. " ^Formation

OF Adipociee.

The bones of a child were dug up in a gardenat Charlottenburg,and broughtto me for examination,and the answer to the following

questions," whether the bones and other matters found belongedto

the body of a new-born child that had been born aHve, or how old

the child mighthave been, and about how longa time had elapsedsince the death of the chud ? " The matters in questionconsisted

of a coarse linen rag, much corroded by the Hme found about it,in

a quantityof yellowish-white,greasy adipocire,which melted at the

flame of a candle,and in wliich several bones,particularlythe thigh

bones,the frontal bone, the ileum,and lower jaw were more or less

enveloped,and of several other bones,which had to be carefully

pickedout of a mass of sand, Hme, rags, and adipocire.These

bones were " 1. A parietalbone, spht into three,its greatestmea-surements

being three inches and a-half long,by two inches and

three-quartersbroad; 3. The greaterpart of an occipitalbone,with a well-marked external tuberosity,measuringfrom base to ver-


tex two inches and tkree-eiglitlis,and two incliesand a-taKin breadth;

3. a halfmoon-shapedfragmentof a parietalbone,two inches longbytwo inches and a-half broad_,to which a few light-coloured hairs ad-hered;

4. a frontalbone with a well-developedfrontal eminence,from

the orbital process to the upper edgeitwas two inches liigh^thebreadth

was the same ; 5. two bones of the lower jaw,each haK was two inches

long,their breadth in the middle three-eighthsof an inch ; 6. a shape-lessthin,flatlittlepieceof bone,probablybelongingto the ethmoid ; 7.

two upper jawbones,thirteen lines broad and eleven lines high; 8. a

tattered shred,the thickness of post paper, about two inches

and a-haK long by one to one inch and a-half broad, manifestly

belongingto the aponeurosisof the scalp,and distinctlycovered

with fair hair about three-quartersof an inch long; 9. five

fragmentsof vertebrse,three of which possesseddistinct spinous

processes ; the bodies of these could be cut with a sharpknife,dis-playing

the spongy texture quitedistinct; 10. a considerable mass of

adipocire,out of which both the ilea were unrolled ; these were both

well preserved,fifteenlines high and seventeen lines broad; 11. a

brownish-yeUowgreasy mass spreadupon a thin membrane, envelopedin a lump of adipocireand lyingnear the ilea,the peculiarsmeU of

which at once distinguishedit as meconium ; 12. a humerus,

two inches and a-half long,five-eighthsof an inch broad at

its inferior extremity,and half an inch broad at its superior

one; a brownish-red substance,apparentlymuscular tissue,could

be scrapedoff it; 13. the left clavicle,twenty-fivelines longand

firm in texture ; 14. the leftshoulder-blade,sixteen lines long,its

greatestbreadth one inch ; the acromion process projectedtwo lines ;

15. a fragmentof the rightshoulder-blade with a distinct spinous

process ; 16. twelve ribs,the smallest of which was two inches,and the

largesttwo inches and a-halflong,hard in texture,and stronglyarched;17. both thigh-bones,each beingthree inches long,half an inch thick

at the acetabular extremity,one quarterof an inch in diameter in the

middle, and three quarters of an inch in breadth at the knee

end, hard in texture;*18. two tibiae and two fibulae;each tibia

was two inches and a-half long,half an inch broad at the superior

extremity,and five-eighthsat the inferiorextremity,three lines broad

at the centre of the body; both fibulaewere each exactlytwo inches

* The discoveryof the centre of ossification in the epiphysisof the femur

had not then been made {vid." 97, SpecialDivision). Its discoveryin this

case would have been of the utmost importance.


and one-eighthlong,at the superiorextremitytwo lines and a-half

broad, and three lines broad at the inferiorextremity.In accordance

with these results I gave it as my opinion" " 1. That the bones

examined were those of a child; 2. That their configuration,condi-tion

and dimensions,provedthat the child had been at all events

viable,and that it most probablyhad been j!3ei|/ec%mature; 3. That

nothingcan be said with even probabilityas to itshavingbeen ahve

duringor after the birth;and 4. That the child had probablybeen

buried from one year to one year and a-half." [Viel,above " 20.)

Case XXX. " Determination of the age of a Pcetus in which

A CHANGE OF AdIPOCIRE HAD ALREADY COMMENCED.

This case may serve as a remarkable exampleof at how earlya

periodthe formation of adipociremay, exceptionally,take place.L., an unmarried woman, had secretlygivenbirth to a child and

made away with it. She confessed that she had givenbirth to a

child once previously,and againjust lately,that is,about three

weeks ago. I had to determine the truth of this statement by

examiningher. Her breasts still contained a few dropsof rich

milk. The well-known corrugatedappearance of the abdominal

parieteswas of course of no avail in the presentinstance. There

was stilla trace of the lochise remaining,and the os uteri,which

was notched, was still open and of the size of a silver tliree-

penny piece. In accordance with these appearances, I gave it as

my opinion,that L. had indubitablygivenbirth to a child within the

last few weeks, and that from the fattycondition of the milk, and

the stillincompleteclosure of the os uteri,it was in the highest

degreeprobable,that the child born was more mature than a foetus

of four months. A short time afterwards the child was found

wrappedin a cotton apron, and saperficiallyinterred in the earthen

floor of the damj"cellar,and broughtto us for medico-legalexamina-tion.

It was alreadyvery much decomposed,and on the extremities,

and particularlyon the rightfore-arm and thigh,the formation of

adipocirehad commenced. All the cavities were open, the skull-

bones had fallen asunder and lay near the body,the brain had run

out. However, from the appearance of the well-preservedupper and

lower extremity,the latter beingeightinches long,and stillvery fat

and round,from the weightof the foetus,which,in spiteof its putre-fied

state,and somewhat helpedinstead by the adheringearth.


amounted to seven pounds,from its length,finally,wliich,in so

far as it could be ascertained,was nearlynineteen inches,I was

obligedto decide that the foetus had certainlymore than four

months of uterine age, that it was in fact most probablymature,

or at least nearlyso. Thus the autopsy of the child completelyconfirmed the opinionwe had givenfrom the examination of the

mother.

Case XXXI. " A Threefold Exhumation op a Body for

DIFFERENT PURPOSES.

One of the most remarkable criminal cases of recent times,and

one whollyunparalleledin its medico-legalinterest,and which

gave rise to a perfectlynovel medico-legalquestion,which we were

called upon to answer {Vid.On Tattooing," 33, General Divi-sion),

is to be found in the examination of the postilionSchall,

suspectedof havingmurdered his associate,a cattle-dealer,named

Ebermann.^ Amongst the other peculiaritiesof this case, that hap-pened,which probablynever happenedbefore,viz.,that the body

of the murdered man was three times exhumed, on account of the

greatdifficultyof gettingit identified. The first disinterment took

placenine daysafter the autopsy,because a strangewoman asserted

that her husband was missing,and she thoughtshe might discover

him in the person of the murdered man. Indeed she did assert,

that she recognisedthe body; but the whole matter was afterwards

discovered to be either a fraud or a delusion. The body was ex-humed

for the second time five months after death, to ascertain

whether certain tattoo marks, which Ebermann had on his arm

were then presenton it,the utmost importancebeingattached to this

query, at this stageof the proceedings.The putrefactionwas, how-ever,

of course too far advanced at this time to permit the ascer-taining

of the presence of any tattoo marks. The third exhumation,

of the head only(whichhad been cut off at the time of the murder),took placetwo years and a-quarterafter the interment,because the

mistress of the person supposedto be murdered," ^hisidentitybeingstilldoubtful," declared that her paramour had such pecuHarteeth,that she could at once recognisethem. We subsequentlyhad to

* Vid. Casper'sVierteljsclift.I. s. 274, "c., and Monthly Journal of

Medicine for September,1852, p. 304.


examine these skull-bones, for thepurpose

of ascertaining if the

fatal shot had entered behind the leftear

? but this could not be

made out withany degree of probability, inasmuch

asthe charge

froma

double-barrelledgun

had blown the head to pieces, and in its

present conditionno trace of

anyshot-hole could be found, but the

skull lay beforeus as a heap of broken pieces of bone. On the

other hand, the under-jaw was quite fresh, that is, itwas completely

skeletonized, but firm and yellow (not whitish-yellow and softas

the

bones by-and-by become), and containeda complete and beautiful

set of teeth. Remarkably enough, therewas yet upon

the chin-a

piece of red beard, attached by meansof

abit of dried-up skin to the

otherwise bare bone. These teethwere

referred to mewith the

singular request, that I should state whether they hadany resem-blance

to those of the brother of the supposed murdered cattle-

dealer ? ! I reported, that therewas certainly a

resemblance between

the two sets of teeth, but thatno

inference could be drawn from this

observation. Thecase

affordedmany

remarkable illustrations of the

singular questions whichmay

be referred to amedical jurist for

answer.^

* Vid. also Case XIY., of the exhumation ofa foetus; and also Case

CLXXX., that ofa

child exhumed after twelve days.

84 NATURE OF THE EXAMINATION OF THE BODY.

man, to he sworn for the purpose. The placeofthe surgeon may he

filledhy a second physician." 161. " Previous to the examination, the presidingofficial

must firsttake care to have the body exposedfor the purpose of

identificationto the view of those acquaintedwith the deceased,

and if possible,also, to the suspectedor avowed perpetratorof

the deed. Should this not he possible,the presidingoffi^cialmust

take every means to assure himselfthat there has been no error nor

mistake in respectto the body.

" 162. "He miist then request the expertsto commence their

inspectionof the body,to ascertain its conformation,and also to

note the position,size,and depthofany external injurieswhich may

he on it. The opinionof the experts as to the nature of the

weapons envployedin the productionof these injuriesmust he heard

in eoery case ; any weapons found must he laid beforethem, and their

omnion taken as to whether- the injuriescould have been produced

hy said weapons, and also whether,from the positionand size ofthe

wounds, any conclusions can be drawn as to the mode in which the

pjerpetratorhad acted,as to his objectand personalstrength?

" 163. " In the case of bodies taken out of the water, found sus-pended,

lyingout during severe cold,or envelopedin the fumes of

charcoal,the examination of the expertsmust he carefullyso directed

as to ascertain whether the apparent has been the actual cause of

death,or whether the bodyhas been placed in the situation in which

it has been found subsequentto the occurrence ofdeath from any other

cause.

" 164. " A completemedico-legalexamination of the body {pbduc-

tion)includes the openingof the cranium,thorax and abdomen, and

the inspectionof the principalviscera and other parts of the body,whose injurymay be productiveof importantresults.

" 165. " Although the experts may recognisewith certaintythe

evident tokens of a violent death in any part of the body, they

must stillcompletethe openingofits three cavities.

" 166. " -In the case of new-horn children the hydrostatictest,

must he avplied,and specialattention paid to all those signswhich-

can determine the opinionof the physicianas to whether the child

has been horn dead or alive,mature or immature.

" 167. " Where it is suspectedthat the deceased has been j^oisoned,

the physiciansmust submit to chemical analysisany remains of the

supposedpoison,and also any suspiciousmatters which may he found

NATURE OF THE EXAMINATION OF THE BODY. 85

in the stomach and alimentarycanal. And here thepresidingofficialmust exercise the utmost circumspectionin making sure that the solid

and fluidmatters to he analysedare not changed,hut that their iden-tity

isplaced beyonda doubt. For this pwpose, when the analysisdoes not taJceplace in presence of the presidingofficial,these matters

must be sealed by both the experts,delivered up alongwith an official

report,and in lihe manner received bach again.

" 168. " The presidingofficialtakes doivn a completeminute {pro-tocol)

ofthe entireprocedureat the examination ofthe body,in which

must be circumstantiallydetailed all that has been done accordingto

theforegoingdirections. The presidingofficialmust in thisprotocol

{orminute)declare every importantproceedingof the experts,exhi-biting

in it all that the external senses have taken cognizanceof,and

insertingbesides these matters offact,also the result ofthe examination

and the opinionofthe expertsin general,the reasons for this opinion

beingreservedfor a futurereport[obductions-bericht),and thisprotocol

must then be signedby the experts.

" 169, " The experts must prepare a completereport[Bericht)ofthe examination,in which must be described the external and internal

injuries,the condition of the vital organs and of the bodygenerally;and it must contain in the case of new-born children,the conclusion

arrived at as to their maturityand as to their havingbeen alive duringor subsequentto their birth ; theymust also subjointheir opinionas

to the lethal character of the injuriesand the cause of death,and

theymust speciallyanstver the three followingquestions,or specifythe reasons why this cannot be done : " 1. Whether the injurybe such

that,unconditionally,and under all circumstances,it must have of

itselfprovedfatalto any person ofthe same age as the person injured"'

2. Whether the injurymust of itselfhave provedfatalto a person ofthe same age and habit of body as the person injured?3. Whether

the injury,havingregardto the time oflifeofthe injuredperson, has

provedfatalfrom thefailureof some remedyessential to its cure, or

from the superventionofsome external detriment.^

Should any one ofthese questionsbe not perfectlydistinctlyanswered,or the reason specifiedwhy this cannot be done, the presidingofficialmust insist on a supplementaryexjolanationon this pointfrom the

medical inspectors.

* The answering of these three questionsis no longernecessary since the

publicationof the new Penal Code in 1851, and of the "Regulations"in1858, which will be quotedimmediately.

86 NATURE OF THE EXAMINATION OF THE BODY.

" 170. " This reportmust he signedhy tliemedical inspectors,and

if an [officialdistrict)physicianhave been present at the autopsy,

the reportmust he sealed with his officialseal.

" 171. " The omission of the direction contained in " 170, when

there is no other reason to doubt that the reporthas proceededfrom

those qualifiedexpertswho performedthe autopsy,has no influencein

the decision of the matter,but will onlydraw down censure upon those

who have thus laid themselves open to it.

" 173. " When the contents ofthisreportvary materiallyfrom thoseofthe originalprotocol,the presidingofficialmust requirethe expertsto

expilain,either viva voce or in writing,their reasons for this difference.Circular Rescriptof the Minister of Statefor the Interior,ofdate

2^th January,1817. T^veryforensicor districtsurgeon/is officially

requiredto possess, in good and faultlesscondition,the followingin-struments

necessary for the dissection : " Foior to six scalpels,two with

straight,the others with round edges; one razor, two strongcartilage

hnives,one of them double-edged; two pairsofforceps,one pair of

hooked forcejis,two singlehoolcs,one double hooJc,two pairsofscissors,

one straightwith blunt points,either probe or merelyrounded, the

other curved [Richte/s); one blow-pipe,two probes,one saw, one chisel

and a mallet; six crooked needles ofvarious sizes; one pairofcallipers,

and one foot-rule.The physicianmust possess one foot-rule,one

graduated measuringglass,one pair of scales,with weightsup to

10 lbs. The Government must issitedirections in accordance with this,

and see that theyare properlycarried out.f

All the existingstatutoryregulationshave been collected by the

Eoyal Scientific Commission for Medical Affairs,in their Eeport

dated 15th November, 1858, and recognisedas universallyobHga-

tory,and publishedin the Ministerial Eescript,dated 1st December,

1858.

Eegulations fob, the- Perpoemance op the Medico-legal

Examination of Human Bodies.

I. General Directions.

" 1." Zegal inspectionsand autopsiesmay onlyhe made by the

* The forensic Wundarzt and district chirurgus are lower and higher

grades in forensic surgery. They alone are the active agents in making

the autopsy." Tbansl.

f Vid. the correlative StatutoryEegulations," 52.

NATURE OF THE EXAMINATION OF THE BODY. 87

m,edicalexperts,%ipon the requisitionof the law authorities,and the

latter onlyin the presence of the proper criminal officers.

" 2. The forensicphysiciansare hound to conduct personallyeverylegalinspectionof a bodyrequiredofthem, and, in conpmctionwith

theforensicsurgeons, toperformevery legalautopsy,and can only he

permittedto act by proxy under those circumstances recognisedby law

as entitlingto exemption.

" 3. Autopsiesmust not be ^mdertahen tillafterthe lapseoftwenty-

four hours afterdeath,providedthe time ofdeath shall be knoion. The

mere inspectioiof a body,however,may be undertahen at an earlier

period,

" 4. " The medical men are not usuallyto decline or omit to per-form

an autopsyon account ofthe existence ofdecomposition; for even

at a very advanced stageofputrescenceanormalities and injuriesofthe

bones may be ascertained,many circumstances of importancein esta-blishing

a disputedidentity,such as the colour and condition of the

hair,want oflimbs, c, may be determined,penetratingforeignbodies

discovered,pregnancy detected,and proofs ofmany kinds ofpoisoning

may stillbe established. Therefore,should the exhumation ofa corpse

be requiredfor the purpose ofdecidingany of these questions,medical

men are to determine upon its proprietywithout any referenceto the

periodelapsedsince the death.

" 5." The medical juristshave to take care that the necessary in-struments

are at hand, and in good order at every autopsy. The

forensicsurgeons are moreover charged,at the close of the examination,

and afterremovingits traces as far as possible,with the dutyofpro-perly

sewingup the openingsmade in the body.

" 6. There must be procuredfor the examination,as far as possible,

a roomy, well-lightedplace,loithproper accommodation for the body,and in a quietsituation. Autopsiesbyartificiallightare not permis-sible,

exceptin those rare cases in which delayis inadmissible. In

such a case the fact must be speciallynoted in the protocol(" 19),

alongwith the reason which rendered itimperative.

IT. Proceedings at Post-mortem Examinations.

" 7." It may sometimes be necessary for the medical inspectorsto

examine in thefirstplace,and from a medical pointofview,the exact

spotand the localityin which the bodyhas been found,to ascertain the

positionin which it was discovered,and to inspectthe clothing.In gene-

'88 NATURE OF THE EXAMINATION OF THE BODY.

rat,heforedoingtJiis,the medical inspectorswill wait until tlieyare re-quired

hy the legalauthorities,hut in certain circumstances it may he

also proper for them to pointout the necessityofsuch a preliminaryin-vestigation.

The medical inspectorsare also entitled to demand from the

legalcommission presentat the autopsy,any other informationrespect-ingthe circumstances attendingthe death of the deceased,in so far as

these shall have heen at that time ascertained.

" 8." Should there be injuriesupon the hody,which appear to have

been the cause ofdeath,and should weapons have heen discovered with

which these injuriesmight have been inflicted,then the medical in-spectors

must institute a comparisonbetween them.,and, on demand ofthe presidingJudge,must state whether the one could have been caused

hy the other,and further,whether any conclusions can be drawn fromthe positionand size of the wounds as to the mode in whiclithe perpe-trator

had acted,and as to his objectand hodilystrength.

" 9." The post-mortem examination consists of two leadingparts :

A. the external examination or inspection.B. the internal examination or autopsy.

" 10. " At the external examination there is to be observed the ex-ternal

conformationofthe bodyin general,and of each ofitsindividual

parts in succession. In respectto the hodygenerally,the pointsto he

noticed are : age, sex, size,corporealbuild,state ofgeneralnutrition,

specialmarks or deformities,such as scars, tattoo-marhs,excess or

defectof limbs,marks ofdisease,as ulcers,Sfc,all of which circum- "

stances are to be registered(" %Y),particularlyin the case of bodies

as yet unclaimed. Further, in the ease of every body the signsofdeath and of the commencement ofputrefaction,if it have begun,are

to he carefullyascertained. For thispurpose, aftercarefullywashing

offthe bodyall blood,ordure or dirt, c, the existence or non-existence

of cadaveric rigiditymust he ascertained,as ivell as the generalcolour

of the skin of the corpse, and the degreeand nature of the discolorations,

if there be any, of its individual parts from putrescence, also the

nature and condition of the post-mortem stains,which are to be provedto he such hy incisions,so as to avoid any possibilityof confoundingthem with ecchymoses.

In inspectingthe various parts thefollowingpointsmust be attended

to : " in the case of%mknown bodies the colour of the hair and the eyes

must be described ; this is not usuallyrequiredin the case of known

bodies; the possiblepresence offoreignbodies in any of the natural

MODE OF MAKING THE AUTOPSY. 89

openingsof the lady must he ascertained ; also the state of the teeth

and the condition and positionof the tongue.

Then are to ie examined " -firstthe neck,then the breast,the abdo-men,

the bach,the an%s, the genitals,and, lastly,the extremities. If

a wound be found on any part, itspositionand direction must first

be givenwith referenceto the neighbouringfixedpointsof the body;

and then its lengthand breadth in Rhenish inches ; the prohingofsolu-tions

ofcontinuityduringthe external inspectionis in generalsuper-fluous,

since their depthis readilydiscovered at the internal examina-tion

of the body and of the %oound itself.SJwuld, however, the^

medical inspectorsconsider it requisitecarefullyto probe the wound,

theymust state their reasons for this proceedingin the protocol("

19). Further, the condition of the edgesand circtmferenceof exist-ing

wounds must be considered,and after this examination and

descrijition,the originalwound must he enlargedin order to permit the

examination of the internal condition of the edgesand of the subcu-taneous

cellular tissue.

In the case of wounds and injuriesevidentlyunconnected with the

cause of death, such as the marks of attempts at rescue, of the

gnawing of animals,Sfc,it is sufficientto givea summary description

of the appearances. It is also permittedto compare the generalform

and appearance of ecchymoses,and of cuticular excoriations,8fc.,

evidentlyunconnected with the cause ofdeath, to a pieceof money, a

fruit,Sfc.

" 11. " At the internal examination,the three great cavities of the

body,the head, thorax,and abdomen, are to be opened. In every case

in which it may seem importantto open the spinalcolumn, it must not

he omitted. The firstthingto he observed on opening each of these

three cavities is the joositionof the organs theycontain ; next, whether

there be any fiuideffusionspresent,the quantityof which must be

ascertained byweight,and lastly,the external and internal appearance

of each separate organ. If there be any reason to believe that the

cause of death is to be found in any particularcavity,it should be

openedfirst; in other cases, commencement is to he made with the

head, the thorax and abdomen comingnext in order.

In regardto new-born children {vid." 16).

" 12. "Unless injuries[whichas far as possiblemust he avoided

by the knife)requiresome other mode ofproceeding,the best way of

opening the head is by making an incision across the skull from one

90 MODE OF MAKING THE AUTOPSY.

ear to the other,and then tearingoffthe cranial coveringsto the hach

and front. Afterthe external surfaceof the calvarium has ieen ex-amined,

it is to he removed hy a circular cut with a saw, and its inner

surfaceand the condition of the skull-bones examined. The state

of the dura mater,pia mater and arachnoid may then he investigated;

the cerebral hemispheresare next to he sliced offso as to displaythe

consistence and degreeofvascularityofthe cerebrum,any effusionthat

may exist,the presence of any foreignbodies that may have pene-trated

the brain,Sfc,the condition ofthe ventricles and their choroid

plexuses,as well as that ofthe tuber annulare and the msdulla oblon-gata

; the condition of the cerebellum is next to be examined by means

of several incisions,the basis of the cranium is qftenvardsto be ob-served,

and finally,the condition of the sinuses.

" 13. " To layopen the nech,thorax and abdomen, it is generally

sufficientto mahe one longincision from chin to pubis,throughthe

generalinteguments,passingto the leftof the umbilicus. The neck

must be firstexamined, and specialattention paid to the larynx,

trachea,fatices,"sophagus,the largeblood-vessels and trunks of the

nerves and the vertebra, of the neck.

In order to ascertain the nature ofthe contents,if any exist,ofthe

tracheal branches,afteropeningthe trachea and the thorax,careful

pressure is to be made upon the kings,and if any fiuidsare thereby

forced into the trachea their nature is to he observed. In cases in

which a more carefulexamination of the larynxseems important,it is

to be removed and openedfrom behind.

To open the cavityofthe thorax,it ismost convenient firstto divide

the costal cartilagesclose to the ribs,avoidingpuncturingthe lungs.The diaphragmis next to he separatedfrom the lowest rib and fromthe ensiformcartilage,the sternum is then to he turned upwards,and

its manubrium separatedfrom its connection with the collar-bones and

the cartilagesof the firstrib " carefullyavoidingthe blood-vessels

lyingbeneath. The thymus gland" if it still exist" is now to he

examined,then the bronchi,the costalpleura,the pericardiumand the

heart,which is to he leftas far as possiblein its normal position,and

lastly,the largeblood-vessels.

" 14. " The abdominal cavityis laid open by continuingthe longi-tudinalincision alreadymentioned ("13)throughthe peritoneum.The

abdominal coveringsare now to he laid hack to either side,so that the

smooth edgeofthe lower rib on both sides may be seen. In accordance

withthe generaldirections ("11)respectingevery cavity,the objectsin

92 MODE OF MAKING THE AUTOPSY.

SJiould the condition of the foetusbe such as clearlyto prove if to

have been non-viable,it is not necessary to proceedfurtherwith the

examination,unless the law authorities distinctlyrequire it.

" 17. " If it shall appear from this examination that the child has

been viable,we must in the next place ascertain whether it have

actuallylived {thatis,breathed)afterbirth. To this end we must

institute the docimasia pulmonaris,and with this view {a),immedi-ately

on openingthe abdominal cavitythe positionof the diaphragmin relation to the ribs is to be carefullynoted,and in order that this

may be correctlyascertained,the abdomen of every new-born child is

to be openedfirstofall,and then the thorax and cranium ; (b)atten-tion

must be paid to the amount of dilatation of the lungsand their

o'elativesituation thereon dependant,particularlywith relation to the

pericardium; (c)the pericardiumis now to be openedand the trachea

ligatured,and divided above the ligature,in order that the thoracic

organs may be taken out of the cavity; (d)afterthese organs have

been thus removed,the trachea and its subdivisions are to be laid open

and inspected; {e)the colour and consistence of the lungsare then to

be noted ; {f) afterremoval of the thymusgland,the heart and lungs

are to be placedin a roomy vesselfullofpure cold water, in order to

test their buoyancy; (g) the lungs must then be separatedfrom the

heart and their own peculiarbuoyancyascertained ; {li)incisions are

next to be made into both lungs,and notice taken whether there be any

crepitatingsound to be heard ; {i)attention is to be paid to the amount

and qualityofthe blood issuingfrom the cut surfaceson the applica-tion

of gentlepressure, and {k)the lungsare then to be incised be-neath

the surfaceof the water, to see whether any air bubbles rise

from the cut surfaces; {V)finally,the lungsare to be separatedinto

their lobes,and these cut into many pieces,and the buoyancyof each

part carefullytested.

" 18. " The medical inspectorsare also generallyheld bound pro-perly

to examine every other organ not mentioned by name in the

Regulations,in any case in which theyare found to be injuredorotherwise a^iormal,and to incorporatethe result in the protocolofthe

inspection.

III. Teaming the Protocol and Eeport.

" 19. " An exact protocolof every thingdone and observed at the

post-mortemexamination must be drawn up by the presidingJudge at

the same time and place.(" 168 of the Criminal Code.)

FRAMING OF THE REPORT. 93

" 20. " In examiningthe hody,the medical inspectorsmust alwayskeepin view the judicialobjectof the investigation,and its distinc-tion

from a pjurelyanatomico-jjathologicaldissection,they must,

therefore,investigatetoith precisionand completenesseverythinghearingupon this object,avoidingat the same time all irrelevant

prolixity.Every importantappearance discovered must be pointedout to the presidingJudge beforebeingset down in the protocol.

" 21.

" The technical contents oftheprotocolofthe autopsy,dictated

by thejudicialphysicianpresent,must be clear,concise,and as far as

possibleintelligibleto non-medical persons. And for this purpose,

in the nomenclature of the appearances found, the use offoreignscientificterms is to be avoided so far as ma-y be consistent vnth the

preservationofdistinctness. In the technical portionof the protocolthe two leadingdivisions,the external and internal inspections,are to

he distinguishedby largecapitals{A and B), and the openingofthe three great cavities by roman numerals (ijii, iii). Moreover,the examination ofeach separatepart is to he included in a distinct

paragraph,headed by an arabic numeral, and these numerals must

run consecutivelyfrom beginningto end of the protocol. Several

parts are never to be included under one numeral, nor treated of

collectively,and no part is ever to be passed over in silence. The

appearances found must be accuratelydescribed in the protocol,and

no mere opinionis ever to be given [asfor exampile," inflamed^'"gangrenous^'and the like). At the conclusion of the autopsy,the

medical inspectorsmust enter in the protocoltheir provisionalviews

regardingthe case, summarilyand without the addition of any

reasons.

" 22. " Should a repiort{reasoned opinion)be requiredfrom the

inspectors,aftera customary short officialintroduction,as free as

possiblefrom uselessformalities,theymust givea briefnarration ofthe facts of the case, so far as their cognizancepermits,and theymust then incorporatein this repjortso much of the protocolof the

autopsy as is necessary for the elucidation of the case, using the

exact words of the protocoland the same numerals, and expressly

pointingout any accidental variation in this respect. The styleofthis reportmust be concise and clear,and the reasoningupon which

the opinionrests must be so developed,as to be convincingeven

to non-medical men. Where the Judge has put distinct questionsto

the ntedical inspectors,these must be answered fully,and, as far as

possible,word by word, or the reasons givenwhy this cannot be done.

94 FRAMING OF THE REPORT.

In accordance with " 185 of the penal code of the \Mh April,

1851, it isno longer necessary/

to answerthe three questions proposed

in " 169 of the criminal code, orthe four questions contained in

the ministerial rescript of the Ihth May, 1833, addressed to the

Rhenish provinces, regarding death from injuries, unless the medical

inspectors are expressly requested to doso.

Since it is evident that

everysuch report must he prepared conscientiously, and according to

the teachings and principles of science, therefore, no assurance that

this has been thecase

is required to he appended to it hy the medical

inspectors. This report must he signed hy the medical inspectors, and

shoulda

district physician have assisted at the autopsy, his official

seal must he affixed to it. Every such report must he given in at the

latest, four weeks subsequent to its heing ashed for.

Berlin, 15th November, 1858.

The Royal Scientific Commission for Medical AiFairs.

" 29. INSPECTION OF THE BODY. 95

CHAPTER I.

EXTERNAL INSPECTION OF THE BODY.

" 29. Inspection of the Dead Body.

Coolness,impartiality,and zeal in his work are tlieconditions neces-sary,

if a medical juristwould satisfykimself and those concerned in

the execution of this,the most importantof all the labours intrusted

to his skill; the most important,because carelessness,or errors now

committed can never afterwards be remedied. Coolness " for whoever,

from want of knowledgeor experience,or any other cause, proceedsto this work ia a hurried or embarrassed manner, is onlytoo likelyto beginat the end,and to end at the beginning; he jumps from the

inspectionof the eyes to that of the extremities,from these to the

tongue,from the tongue to the umbilical cord,and,finally,producesa protocolof the inspectionso confused as to be unintelligibleeven

to an expert. ImpartiaUty" this also is a most necessary attribute

of the medical jurist,in every case, but speciallywhen at the dis-

secting-table; without it he sees distorted features,and forthwith

concludes,that the death has been a violent one, which he can by-

and-byeasilybe able to show ; whilst in the same case, the man of

impartialityand experienceonlysees " for example,that one eyelidhas been pushedup after death and so remains, that the mouth has

after death been drawn to one side and distorted,that the nose has

been flattened by lyingon it,and not by a blow, "c,,so that aU

such distortions are easuyenoughexplained.It is a greatadvantageand simplifiesthe matter much to follow some certain planin inves-tigating

the various pointswhich come under notice at an external

examination of the body,and are inventoried in the protocol.And

the followingwould seem to be the most advantageousorder in

which to take up these various matters :"

(1.)The Sex. " In completelydecomposedbodies this of course

can no longerbe recognised.At a somewhat less advanced stageof

decomposition,even after the external partsof generationhave been

96 " 29. INSPECTION OF THE BODY.

completelydestroyed^the sex may stillbe ascertained by a reference

to the growthof the hair around these parts,in so far as the circum-scribed

circletof hair on the mons veneris is distinctive of the female,

while its prolongation,however slight,from this pointtowards the

umbilicus is equallydistinctive of the male. It is well known, that

up to the third month of uterine life,the sex of an embryo is not to

be distinguished; the use of a strongmagnifieris,however, of much

use in such cases {Fid.below under (13)).

(2.)T/ie Age." In the case of known bodies,the age assumed is

of but littleimportance,because in such a case the Judge can, if

necessary, easilyobtain more certain information than a mere medi-cal

opinion.In the case of unknown bodies,however, where itmay

be necessary for advertisingthe particularsof the unknown dead

body that has been found, this matter must rest entirelyuponmedical opinion.But if it be difficultto decide as to the age of a

livingperson, where the look,gait,carriage,expression,"c.,can all

be taken to account, how much more difficultis it to estimate even

approximatelythe age of a dead person. An entire or defective

state of the teeth,grey hair or the reverse, may of course deceive,

and wrinkles may be effaced by the swellingof the body,"c. The

most experienced,therefore,can but rarelydo other than allow

tolerablywide Hmits to this conjecture" e. g., "between twenty and

thirtyyears." In this respect,also,the bodies of children are ex-tremely

deceptive,which would scarcelybe expected,consideringthat the age of livingchildren can be much more readilyguessedthan that of adults. But, here too, appearance and demeanour,

clothing,and other circumstances wanting in the naked corpse,

assist our judgment. When we reflect that growth proceedsvari-ously

in different children,and yet,that the size of the body is

almost the onlycriterion for guessingthe age, and when we also

reflect,that every body increases in lengthafter the cessation of

cadaveric rigidity,we shall readilyexcuse even an expert should he

declare the body of a child of two to be that of one of four years old.

(3.)The size of the locly." For estimatingthe size of the bodies

of new-born cliildren,Siebold's balance is the most convenient thingfor the medical jurist;one of the scales of it is made of lacquered

leather,on which a foot-rule is paintedin oil-colours,upon this the

body of the child is to be stretched with both hands, and its length

can then be read off at once. A simplesix-foot measuringrod,with

one end divided into inches,is the most convenient iastrument for


determiningthe lengthof the bodies of adults,this must be taken in

a straightHne from the crown of the head to the sole of the heel,

these beingthe terminal pointsof the lengthof the body.(4.)T/iegeneralcondition ofthe hody." There can be no difficulty

in ascertainingthis in any case. Only gross ignorancecould describe

an abdomen distended with gas as a fat belly,or mistake anasarca

for corpulence,"c.

(5.)Signsof death. " These we have alreadyrelated in " 7, and

theymust of course be alwayssoughtfor and described in the pro-tocol.

But with respectto the post-mortem stains,the condition of

the cornea, and the cadaveric rigidity,it must be remembered,that

should the body show onlythe merest trace of decomposition,be it

the most triflinggreen coloration of the abdomen, so soon as this has

been registered,no more search for the earlier (above-mentioned)

signsof death is required.The major propositioninvolves the

minor,and everythingsuperfluousmust be alwaysavoided in the

protocol.(6.)Colour and condition ofthe hair." In respectto this,as well

as the other individual particularsof a body,it may be demanded

whether," accordingto the presentconstruction of the penalcode,which states,that "

causes of death inherent in the individual are no

longerto be taken cognizanceof^" {Vid.Penal Code, " 185)," ^the

examination and descriptionof ,thehair,eyes, teeth,"c., is any

longerrequired? But,irrespectiveof the fact that the existing" regu-lations"

in " 10, prescribethis examination in the case of unknown

bodies,and consequently,no (Prussian)medical juristis at libertyto omit it,any alteration in this respectwould be unadvisable. No

doubt often,perhapsin most cases, it is quiteunimportantwhether

the body" to determine whose mode of death is usuallythe sole

objectof the legalinquest" ^liadfair or dark hair,blue or grey eyes,

perfector defective teeth,"c. But at the time of the medico-legalexamination the whole of the case cannot be had in view,and phy-sician

and judgealike cannot as yet anticipateto what seeminglytriflingcircumstance greatimportancemay become attached in the

course of the case, the earlyneglectof which may be then most

deeplydeplored.In Case LXI., givenbelow,of fatalill-usageof a

child,the guiltyperson had, amongst other things,knocked off the

crown of a double tooth,and this,as well as every other act of

violence,she denied. This defect we had taken notice of in the

protocol; and three daysafter the dissection the crown of this tooth

H


was found in the sweepingsof the room in which the accused had

committed the murder, and this circumstance became of course of

the greatestimportance. Moreover, the careful descriptionof these

generallyunimportantmatters becomes sometimes of the utmost

importancein establishingthe identityof an unknown body^and

this is very well shown in the historyof Case CCCXIV. detailed

below, that of a man indubitablymurdered. We had of course

described in the protocolof the inspection,the colour of the eyes

and hair (and of the perukealso,firmlyattached to the bald por-tion

of the head).Subsequently,the identityof tliisbody,with that

of a man missing,which had been suspectedfrom various circum-stances,

was thrown into doubt,and towards the end of the inquiry,the wife of this missing man was examined as to the colour of his

hair and eyes, but she,being of very weak intellect,knew not how

to describe them !

(7.)Colour of the eyes," This pointis one extremelyapt to mis-lead

in the dead body,whollyirrespectiveof the fact,that the

discrimination of colours is somewhat of a specialfaculty.If the

body be perfectlyfresh,and the cofourof the irisis a decided blue or

brown, then indeed two or more observers will be certain to recog-nise

it as such, but if the colour be, as it often is,greenish-blue,

greyish-brown,or quitelustreless,then we may be quitecertain,

that A. will have a different opinionof it from B. Moreover, the

process of decompositionvery soon alters the originalcolour,and,

as the white of the eye becomes by sugillationreddish-brown,and

finally,greenish-black,so the iris also undergoesa similar change of

colour.

(8.)Nitmber and condition of the teeth." In the case of known

bodies the specification" complete"or "incomplete" will generallysuffice. In the cases of unknown bodies,however, a more exact

descriptionof their number and condition isrequired,for the reasons

alreadymentioned. I may refer to the trial of Schall for proofof

this,for in the course of it,it became necessary to exhume the head

of the murdered person for the third time, solelyand alone to

examine his teeth {Videpage 81).

(9.) The positionand condition of the tongue." ^The opinionthat

the positionof the tongue between the jaws or teeth is a signof

death by suffocation is as generalas it is erroneous, as I shallby-and-

by have to show. Nevertheless,the investigationof the positionof

the tongue,whether behind,between, or protrudedbefore the teeth


deceased,declaringher intention,and tlie remains of the sulphuricacid in the cupboard.

(10.)The condition of the natural openingsof the ears, nose,

mouth and fauces,amis and female organs of generation." Cases in

which foreignbodies are found in these openingsare certainlyrare,but theydo occur, particularlyin drowned persons, in whom mud,

earth,"c.,may be found, and persons suffocated,particularlynew-born

children,which are often choked by stuffingtheir mouths with

allsorts of strangesubstances. But for other reasons also,the exami-nation,

particularlyof the mouth and fauces,must never be omitted,

especiallyin cases of suspectedpoisoningby corrosive poisons,asin these cases traces of such poisonsmay be expectedto be found in

these situations,and in such as have shot themselves throughthe

mouth. As respectsthe examination of the vagina,the determina-tion

of the existence of virginity,of the presence of the catamenia,

or of injuriesof the parts,"c., may subsequentlyassume an im-portance

littlethoughtof at the time of the inspection. The anus

is to be examined for traces of evacuated fseces,though I laybutlittlestress on this sign,as beingone that is as often absent as pre-sent

in every kind of violent death, and not onlymay the carriageof the bodyproduceit,but the water in which it has been lyingmaywash away its traces,and thus its appearance or non-appearance is

dependanton accident of every kind.

(11.)The neck in every case, for obvious reasons, demands a par-ticularly

careful examination. The most triflingyeUowish-brown

patchleads,a priori,to suspicionof strangulation; and there are

cases in which the results of the dissection have left the proofof the

strangulationwhich had actuallytaken placeso doubtful that the

most careful examination and estimation of the resultsof the external

inspectionhave been of the utmost value in givinga final opinion

on the case. It is equallyimportantto investigatethe integrityofthe larynxand the cervical vertebrae. In respect to the latter I

must, however, guard againstan apparentlygreatmobilityof the

neck leadingto rash suspicionsof luxation or fracture of the cervical

vertebrse,for when the cadaveric rigidityhas passed,when the bodyis lean,or the fat not half-frozen by a low temperature,and particu-larly

in the case of little children,greatmobilityof the head is a

phenomenon of constant occurrence. Lastly,I need scarcelysaythat small penetratingwounds of the neck, however triflingthey

may appear externally,may be of the utmost importancein deter-


mining the cause of death, and must, therefore,never be over-looked.

(12.)The hands. " These present various importantmatters for

observation. The questiondoes not arise every day,whether a mar-riage-ring

had been worn duringlife,or merelyplacedupon the dead

body; this would be easilysolved by the findingof a deep furrow on

the finger. But much more frequentlydried blood is found on the

hands that may be of importancein determiningthe questionofmurder or suicide,or the hands of those found shot may be burned

with powder,or one of them may be injured," all facts that may be of

weightin formingan opinionrespectingsuch cases ; or we may have

the grey colour of the hands and feet and the longitudinalfolds in

the skin,betokeningthat the body has been in the water more than

twenty-fourhours,or sand, mud, "c.,may be found upon and be-neath

the nails in such bodies,"c. We shall return to this subjectby-and-by,when we come to speakof the various kinds of violent

deaths.

(13.)The partsof generationmust be carefullyinspectedas well

as every other part {Viel,under 10); theyvery seldom, however,

yieldany information useful in decidinga dubious case; the onlyexceptionsbeingthe discoveryby the microscopeof an effusion of

semen in the case of men found suspended,and that of the peculiar

shorteningof the peniscommon to drowned persons {Vkl. " 45 and

" 54, SpecialDivision).I may mention, as somethingspeciallycurious,that in one case I was asked if I could determine from the

state of the genitalswhether the deceased had been capableof pro-creation

on a certain daytlireemonths before his death !

(14.)The generalcolour ofthe hody." In general,the usual colour

of a corpse is all that is found, and this statement sufiicesfor the pro-tocol.The colour of the white unbleached wax of commerce, a dirty

greenish-white,which is the colour of those who have died from

hsemorrhage,whether internal or external,is very like,and extremelydifficult to distinguishfrom this ordinarycorpse-colour.When

injuriesof the head prove fatal afterlongillness,the whole body is

often found of that icterichue which is so commonly presentin such

cases while alive. The body is also occasionallyfound of other hues,as a uniform red-brown in aborted fcetuses,the colour of roast-meat

in those that have been roasted,coal-black in such as have been quitecharred, "c. In describingthe generalcolour of the body,thevarious hues of decomposition,or if these are not yetvisible,then

102 " 30. MORBID PRODUCTS.

the colour of the post-mortemstains must be stated. The Prussian

regulationsvery properlydirect suspiciousor onlyremarkable look-ing

stains to be washed clean,because if this be neglectedmore im-portant

matters may remain concealed,as, for instance,stains pro-,

duced by sulphuricacid,or triflinginjurieswhich may be covered by

blood, or somethingimportantmay be supposedto be seen, such as

blackeningfrom gunpowder,or a contusion,"c., which the use of a

damp sponge at once shows to be mere dirt" trulyan every-day

experience!*

" 30. Continuation. " Anoemalities oe the Body. "

{a) Products of Disease.

It is quitecommon to find in medico-legalsubjectsmany deviations

from the normal, e.(/.,hernise,absence of sundryorgans, tumours of

various kinds,deformities,ulcers,bed-sores,dropsicalswellings,"c.In the case of known bodies,which there is no difiicultyof getting

identified,aU such discoveries are to be most conciselydescribed in

the protocol,when a more accurate examination and descriptionis

not requiredby the nature of the case, as when there is a suspicionof malapraxison the part of the physicianattendingthe deceased.

The same may be said of internal anorraalities,as tubercles in the

lungs,ossification or other organicalterations of the heart, ovarian

tumours, "c. [Fid." 23 p. 56),where there is no questionof mala-praxis,

and when the organicanormalitydoes not stand in any direct

relation to the death. In unknown bodies,on the contrary,every-thing

externallyvisible,defects,deformities,and productsof disease,

must all be correctlydetailed,for cases have often enough occurred

in which the presence or absence of ulcers,of the want of a finger,

"c., has provedof the greatestimportancein establishingthe doubt-ful

identityof a body.

" 31. Continuation. " {b)Of Scahs.

The marks of wounds on bodies,particularlyon such as are un-known,

are deservingof careful attention,and may giverise to many

judicialqueries. Pirst of all it may be asked.Do such marks ever

entirelydisappear? and in the case of Schall this query was con-

* Specialreference to the inspectionof the bodies of new-born children

will be found,SpecialDivision," 77, "c.

" 31. OF SCARS. 103

sideredof so mucli importancein respectto tliemarks leftby cup-pinginstruments and tattooingas to occasion an exhumation of the

body [Vid. "82). The lengthof time duringwhich a scar may

subsist,dependsupon the depthto which the vessels and tissues of

the cutis has been injured.Scars of injurieswhich have onlyaffected the epidermis,or penetratedbut slightlyinto the cutis may

completelydisappear,and may be no longerfound on the dead

body,thoughtheyhave indubitablybeen presentat an earher periodof life. To tliiscategorybelongnot onlyneedle scratches,but also

venesection wounds, leech bites,and the marks of cupping-glasses.When the cupping instrument has incised deeply,the marks maysubsist for many years of life,as dailyexperienceteaches us, but,

nevertheless,after a longerlapseof years theymay disappear.Por

we learn from a customaryproceedingin France,related byDevergie,that the scars of even deeperinjuriesof the skin may disappearduringlife. Devergie* states,namely,that where the brand mark

of a galley-slavehas vanished,it may be recalled to sightby slappingits usual positionwith the flat of the hand, tillit reddens,the brand

mark which cannot redden, at once becomes visible by its perma-nent

wliiteness. Scars accompaniedby loss of substance never disap-pear,as is evidenced by the marks of chancres or buboes,contracted

duringyouthand healed with loss of substance,yet remainingtothe most advanced age, as well as by the persistauceof the scars of

various ulcers long since healed. To this category also belongthe

scars of issues and blisters,which have suppuratedfor some time,as

well as the marks of variola vera ; these all leave scars which never

completelydisappear,because the sores from which theyresult have

producedloss of substance by destruction of the dermoid tissues.

^Further,all such wounds as heal," not by prima intentio,but bygranulation,leave indelible marks. Such scars are quitecommon in

medico-legalsubjects,as most of the lower classes have the usual

well-known marks of cudgel blows on some parts of their hairyscalp. It comes now to be a secondaryquestion,whether one can

from the appearance of the scar, particularlyfrom its colour,form

any conclusions as to its age, that is,as to the probabletime elapsedsince the receiptof the injury? All scars, whether arisingfrom

injuriesor the exanthemata,exhibit at firsta well-marked red colour

distinct from that of the surroundingskin,which, by-and-by,growswhite and glistening.But the source of the cicatrix,and the pecu-

* Op. cit. n., pp. 31, 32.

104 " 31. OF SCARS.

liar characteristics of the injuredperson^ "which we can onlyassume

as hypotheticalconditions,since,a posteriori,we know nothingabout them," cause in tliisrespectthe greatestdifferences. We

know, for instance,how varied the time is requiredfor the primarilydark-red marks of small-poxto become white in different individuals,

so that in some they are alreadywhite at the end of six or eight

months, whilst in others,theyremain unpleasantlyred-lookingevenafter the lapseof two or tlireeyears. This is also the case in scars

of every nature, even in those caused by injuries.The opinionof

the medical juristrespectingthe age of any sear must, therefore,be

alwaysgivenmost cautiously,and can onlybe givennegativelywith

any certainty.For instance,we may certainlyaf"rm that a per-fectly

white and ghsteningscar cannot have arisen from an injuryreceived two, three,or four weeks previously,because experiencehas

taughtus, that under no circumstances do scars become white in so

short a period; but we cannot in such a case decide whether the scar

be two or six years old. Consequently, the scars occasioned by

ACTUAL LOSS OF SUBSTANCE, OE, BY A WOUND HEALED BY GRANULA-TION,

NEVER DISAPPEAR, AND ARE ALWAYS TO BE SEEN UPON THE

BODY. But THE SCARS OP LEECH BITES, OE LANCET WOUNDS, OR OF

CUPPING INSTRUMENTS MAY DISAPPEAR AFTER A LAPSE OF TIME THAT

CANNOT BE MORE DISTINCTLY SPECIFIED, AND MAY THEREFORE CEASE

TO BE VISIBLE UPON THE BODY. It IS EXTREMELY DIFFICULT OR

IMPOSSIBLE TO GIVE ANY CERTAIN OR POSITIVE OPINION AS TO THE

AGE OF A SCAR. In the followingcase :"

Case XXXIII. " Determination of the age of a Scar.

This diagnosiswas of some judicialimportancein relation to a

greatburglary,accompaniedwith violence,the perpetratorsof which

it was difi"cult to discover. On the 1 7th of March we were asked

whether it could be determined,if the scar on the fingerof the ap-prentice

N., who was stronglysuspectedof having aided in the deed,

had originatedin a wound received in the beginningof February,and whether this wound had been caused by a chisel,crowbar,brad-awl,

blow, or how else ? The scar was on the outer side of the rightlittlefingernear the metacarpaljoint; it was circular,the size of a

pea, and of a pale-redcolour,surrounded by a border of deeperred." The statement of the accused,that this M^ound was producedin a

scuffle on Shrove Tuesdaylast (Feb. 5th),by strikingthe hand

" 32. OF TATTOO MARKS. 105

againsta broken porcelaindoor-plate^is extremelyimprobablesince

a wound producedin tliis manner would have more of a lacerated

and irregularappearance. It is much more probable,that the scar

arises from a wound made by some round-pointedinstrument,such

as a brad-awl or punch. The assumptionthat the wound was pro-duced

six weeks ago, that is,in the beginningof Eebruary,is,from

the appearance of the scar, not improbable.''^

" 33. CoNTEsruATiON. " ((?)Of Tattoo Mauks.

As alreadyrelated in Case XXXI., I was called upon in the course

of a most obscure and intricate criminal case to answer the ques-tion

"Can tattooing,known to exist during life,ever become so

thorouglilyeffaced as to leave no trace on the body? The inquiry

was a perfectlynovel one, and, from being entirelyomitted by all

writers on medical jurisprudence,could onlybe solved by my own

individual investigations.Should the answer be negative,then the

particularbody'in^questioncould not be that of the man missing,because he was well known to have exhibited on his person, when in

life,the marks of tattooing,and with the loss of this proofof iden-tity,

the whole case againstthe prisoneraccused of murder fellto

the ground,which would not, however,be the case could it be shown

that even in a singleindividual such marks had ever reallycom-pletely

disappeared.The practiceof tattooing,which in tliiscountry

is exercised almost solelyby men, and that cliieflyon the arms and

also on the breast,while savage nations cover more or less of the

whole body with the pattern,indicatingby it various degreesof rank,

is accomplishedby means of three or four sewing needles,stuck

in a cork or piece of wood, and so covered (by beingwound

round with cotton, "c.) as to leave onlythe pointsbare,wliich

are deeplyprickedinto the skin, on which the desired pattern has

been traced. Our lovers of this speciesof ornament (soldiers,

sailors,and the like)usuallychoose one or two hearts,their own or

their sweetheart^s initials,a date (ofa year, "c.),crossed swords,a

tobacco-pipe,and such like. When the bleedingfrom the small

punctures has ceased, some colouring-matteris rubbed into the

recent wounds, consistingusuallyof cinnabar or gunpowder,gene-rally

of both, to make the picturestriking,or Indian ink, char-coal,

ink or Prussian (washing)blue. Desirous of investigatingon

as largea scale as possiblewhether such marks might not possibly

106 " 32. OF TATTOO MARKS.

be made to disappearduringlifeby the continuous regenerationof

the cuticle,and believingthat the opportunitydesired would be

best afforded by a largebody of old soldiers,I proceededto examine

the dwellers in our EoyalInvalid Establishment,^amongst whom

I discovered thirty-sixmen who had been formerlytattooed.

Amongst these I found in one case still some tattoo marks visible

after the lapseof fifty-fouryears ; in many others theywere quitedistinct after more than fortyyears, whilst in two cases theyhad

completelydisappearedafter the lapseof the respectiveperiodsof

thirty-eightand tliirty-sixyears. The generalresult of this inves-tigation

was, that of thirty-sixpersons tattooed,in three the marks

faded in course of time, in two they became partially,and in

four whollyobliterated. Consequently,in one case out of nine,

the tattooingwas found to disappearin course of time. In the

open jury court in which I gave this evidence,a competent witness

came forward and displayedhis arm, which in his youth had been

tattooed with cinnabar,and from which every trace of it had dis-appeared.

A year later Dr. Hutin, in Paris,instituted a similar

investigationon a much largerscale in the largeHopitaldes Invalides

of that city,where he found, among 3000 men, no fewer than 506

who had formerlybeen tattooed. The results he obtainedf agree in

the main with my own. The colouring-mattersemployedwere the

same as those alreadymentioned,cinnabar beingthe generalfavourite.

The marks made with it,accordingto Dr. Hutin,frequentlybecome

whollyor partiallyeffaced,those made with Indian ink or powderedcharcoal remain visible,while those made with gunpowder,wasliing

blue or ink, generallyfade,but in by far the largestproportionof

cases never become whollyeffaced. This observer found, among

the 506 men formerlytattooed,47 from whom the marks had com-pletely

disappeared(onein ten and a-half)" almost the same result I

myselfhad obtained. Two years later the questionwas anew inves-tigated

by a Parisian physician,named Tardieu,who investigatedthe matter for himself,and has publisheda valuable treatise on

the medico-legalaspectsof tattooing.J He found that the tattooing

had completelydisappearedin tln-ee cases out of seventy-six,or in

one case onlyout of twenty-five; and this proportion,so remarkably

small,when comparedwith the results obtained by myselfand Dr.

* Vide ihe full account of this research, in my Yierteljschft.I. s. 288.

f Recherches sur les tatouages. Paris, 1855-8.

I Annales d'Hygiene publique. Janv.,1855, p. 171, "o.

108 " 32. OF TATTOO MARKS.

(6.) G., a pensioner,aged sixty-eight,was killed in March,

1858, by being run over by a carriage.He had on both fore-arms

very well preservedcinnabar tattooings," a heart and a flower-pot

on each arm, on the left the date 1809, on the right,1814.

In the rightaxillarygland we found cinnabar more plentifullythan

in any previouscase, in the left there were onlya few scattered and

not very visible particlesof cinnabar.

(7.)H., a shopkeeper,agedthirty-eight,hanged himself on the 8th

of July,1858. On the rightforearm there was a cinnabar tattoo

mark, a heart, a cypher, and the date 1841, all perfectlywell

preserved.In the ax"laryglands (afterseventeen years)there was

a littlecinnabar.

Meckel found the cinnabar stul more plentifullyin the glandsof those from whose arms the tattoo marks had almost completelyfaded, so that it is probablethat the absorbed pigment may be

fonnd in the glands after every trace has disappearedfrom the

skin. "Whether,besides the difference of the pigmentarymaterial,

any other influence,such as personalconstitution,mode of life,

deepnessof the punctures,"c.,has any effect in hasteningthe ob-literation

of the marks must, from the noveltyof the question,beleft stillundetermined. Tardieu also expresses himself in much

too decided a manner on another point,when he states that it is

possibleto determine from the character of the patternthe doubtful

identityof the body and the positionin lifeof the deceased,"c., in-asmuch

as he thinks he has found that soldiers,sailors,and public

women, all as classes affect separateand distinct kinds of pictures.Such an idea is evidentlylikelyto lead to gross error, and it is

impossiblefrom the state of the facts to recogniseit as worthyof

generalacceptance. Another statement of Tardieu''s is,on the con-trary,

of greatpracticalimportance,viz.,that tattoo marks may be

effaced by art. Acting on the information of a prisonerwho had

employedart for the purpose of deceivingthe judge,Tardieu made

a successful experiment on an inmate in the Hospitalwho had a

crucifix tattooed with Indian ink on his forearm. The mark was first

well rubbed with a salve composed of pure acetic acid and axunge,

then with a solution of potash,and finallywith weak muriatic acid.

The acetic acid ointment was spreadthicklyon the arm and allowed

to remain for twenty-fourhours ; next daythe solution of potashwaswell rubbed into the arm four or five times. Neither of these ope-rations

occasioned more than a triflinguneasiness. On the following

" 33. INJURIES. 109

morning,a thin but firmlyadherent crust was found to have formed,and this felloff on the seventh day. But a new crust formed spon-taneously,

which adhered for more than fourteen days,and then fell

off,leavinga flat scar, in which not the smallest trace of the designformerlyexistingwas any longervisible. Experimentsof this sort

require,however, to be repeated. Nevertheless,the investigationsof Tardieu,Hutin, and myselfhave alreadyascertained the follow-ing

facts,which may be of practicalvalue in determiningthe doubtful

identityof a body,namely:" That tattoo mauks may become

PERFECTLY EFFACED DURING LIFE ; THAT IN NOT A FEW CASES THEY

DISAPPEAR, SO THAT THEY ARE NO LONGER VISIBLE ON THAT

BODY WHEN DEAD, ON WHICH DURING LIFE WITNESSES HAD OFTEN

SEEN THEM, AND THAT THEIR EXISTENCE AT A FORMER PERIOD MAY

POSSIBLY BE ASCERTAINED BY AN EXAMINATION OF THE AXILLARY

GLANDS.

" 33. Continuation." {d) Injuries.

In respectto this most importantpointof the external medico-legal

inspectionof the body,several varieties are to be distinguished.

(1.)No injuriesare traceable externally,although death had

evidentlyoccurred from violence,and from such violence as would

naturallylead to the expectationof findingvisible traces of it,e. g.,

personalill-treatment,kicks,the being driven over, or suddenlyfallingfrom a height,"c. "Traces of external injurywanting,^'isthe usual formula in the publicjudicialnotice respectingthe findingof an unknown dead body, and then it continues,that there is no

suspicionof death by violence,and that there is,therefore,no need

of any further medico-legalexamination ; for where no" traces^''are

visible externally,we cannot expectto find the death to have arisen

from any internal injury.Such reasoningmay well be excused in

non-medical persons, when we find that all the hand-books on legalmedicine pass this subjectover entirely,as one perfectlyseK-evident,

Henke alone mentions,in treatingof ruptureof the spleen,that in

such cases there is sometimes no ecchymosis,nor any other external

mark of violence,but he adds,that he has had no experiencein such

cases. But the actual truth is preciselythe reverse, and justifiesthe

conclusion,that it is the rule in allsuch injuriesas are followed by in-stant

or very sudden death,particularlyin all cases of ruptureof inter-nal

organs provingrapidlyfatal from internal haemorrhage,for the

110 " 33. INJURIES." CASES XXXIY. AND XXXV.

body to exJiibitno external appearance of violence,presupposingof

course, that the orginof the injurybe not of itself of a penetrating

nature,as a gun-shot"c.,because duringthe short remaiuinglifeof

the wounded person there is no time for the productionof ecchymosis.The followingcases illustrativeof the occurrence of the most impor-tant

internal injuriesunbetrayedby even the most triflingexternal

trace of violence,confirm the truth of this opinion.This experiencehas often enabled us to diagnosethe ruptureof some importantorgan,in the case of men killed by falHngfrom a height,or bybeingdriven

over, "c.,justbecause no trace of injurywas to be found externally,and our opiuionhas provedcorrect in every case. In such cases of

course it is easy to satisfythe judicialfunctionaries,that an autopsy

apparentlyunnecessary from the absence of the external marks of

violence,is in truth most needful.

Case XXXIY."

Peactuee of the Eibs, and Euptuee of the

LivEE AND Spleen. No teace of injuey exteenally.

A man, aged 63, was run over by a vehicle,and died in about ten

minutes. Two yeUowish-brownleatherypatchesof skin,each the

size of sixpence,situate on the left side of the pelvis,and on the

elbow were the onlyexternal injuries.But the seventh and eighthribs on the left side were fractured diagonallyacross their centre,

without any trace of effusionof blood in the neighbourhood,and per-fectly

resemblinga fractureproduced afterdeath. There was also "

laceration of the liver three inches in length,running diagonallyacross the under surface of the rightlobe, and penetratinghalf

through its parenchyma;there were also two lacerations,each an

inch long,in the lobulus quadratus,and the spleenwas completelybroken up.

Case XXXV. " Peactuee of the Eibs and Euptuee of the

LiVEE FEOM BEING ETJN OVEE BY A VEHICLE. iSTo TEACE OF

INJUEY EXTEENALLY.

A labouring-manwas knocked down by a carriage,and so injuredthat almost immediate death resulted. With the exceptionof a

pieceof skin,the size of the palm of the hand, upon the left side of

the chest,which appearedis if burned, and a triflingecchymosison the rightileum,neither of which correspondedin situation with

" 33. INJURIES." CASES XXXVI., XXX VIL, AND XXXVIII. Ill

any internal injury,there was nothingparticularto he seen on the

hocly.But,internally,there was a completelongitudinalruptureof the

liver,which had divided it into two parts,and a transverse fracture of

the fifthand sixth ribs on the rightside,all of which would have

remained undiscovered had not the triflingexternal injuriesmen-tioned

above,led to a judicialexamination of the body.

Case XXXYI. " Eupture of the Liver from being driven over

by a vehicle. no trace op injury externally.

A strongboy,aged fourteen months, was killed by beingrun over

by a carriage.Except a triflingabrasion of the skin on the back of

the head, and an ecchymosisthe size of a walnut on the rightlargetrochanter,nothingat all anormal was visible on the bodyexternally.The head was perfectlyuninjured.Just because of tliisnegativeresult of the external examination in a case of sudden death from

such a cause, I diagnosed,previousto the autopsy,the existence of

ruptureeither of the liver or spleen; ruptureof the former was found

to exist. The rightlobe of the liver was almost completelydivided

by a longitudinallaceration.

Case XXXVII. " A similar Case.

A six-years'old boy was run over and killed. With the excep-tion

of quitetriflingecchymoticpatches,each the size of a bean,on the

leftileum,leftknee, left ankle,and rightside of the frontal bone,

the body exliibitednothingpeculiar.But in this case also the cause

of death was found to be a longitudinallaceration of the liver,which

completelydivided it into two.

Case XXXVIII. " Eupture of the Pulmonary Artery by an

iron fly-wheel. No important external injury.

A largeiron machine-wheel feU upon the body of a boy agedfive,and kuled him on the spot. On the middle of his breast there was

a faint-blue patchabout an inch long,and not ecchymosed. There

was no fracture either of the ribs or sternum, but the rightpleural

cavitywas completelyfilledwith thin fluid blood, and this hsemor-

rhagewas found to have arisen from an exceedinglyrare accident.

112 " 33. INJURIES." CASES XXXIX AND XL.

viz.ja rupture of the pulmonaryartery,one-tliird of an inclilong,close to its entrance into the rightlung. There was in this case

generalauEemia,and yet there also existed distinct cerebral hypos-tasis,as well as the usual post-mortemstains [Vid.p.p. 20 and 21).

Case XXXIX. " Euptuee of the Lungs by being driven over

BY A vehicle.

A coachman was run over on the 11th of March, and lived tillthe

15th. Over the left ear there was a semicircular wound two inches

and a-half long,from which thin pus exuded. The whole of the scalpwas an inch thick with purulentinfiltration,the cranial bones were

uninjured.The rightlungwas quitecollapsedj on the inferior sur-face

of the middle lobe there was an obtuse angledrupture,two

inches long,and one inch and a-half distant there was a second,

the form and size of a hazel-nut. Twenty ounces of fluid blood

layin the pleuralcavity.The inferior lobe of this lung was very

emphysematous,and the parenchyma was completelybroken up

and strewn with blood,coagula; this portionof the lung no longerfloated in water. The uninjuredleft lung had more than the usual

amount of cadaveric oedema. On the rightarm there was an ecchy-mosis the size of the palm of the hand. These appearances justified

us in subsequentlydenyingthe truth of the statement of the accused,

that the deceased had only got "a blow" from his waggon, since

the injuriesof the head, chest and arm could not simultaneouslyhave arisen from one blow, and the case resembled much more what

usuallyhappens in cases of death from being driven over by a

vehicle.

Case XL. " Complete separation oe the Heart by a violent

BLOW, FRACTURE OF ONE OF THE VERTEBRAL SPINOUS PROCESSES,

LACERATION OF THE LuNG AND LiVER WITHOUT ANY EXTERNAL

APPEARANCE OF INJURY.

Completeseparationof the heart from its attachments is indu-bitably

one of the rarest discoveries at an autopsy. A dealer in glass,

aged 24, in crossingthe heightsof Spandau on a bitterlycold night

in winter,had got off his waggon, heavily-ladenwith boxes of glass,for the purpose of leadinghis horse downhul ; the waggon, however,

began to slide and crushed the unfortunate man, unquestionably

"33. INJURIES." CASES XL. AND XLL 113

with the greatestviolence againstone of the poplarswhich there

border the highway,and there he was found lyingdead that same

nightby those who went out to seek him immediatelyon the wagon

enteringCharlottenburgwithout a driver. With the most importantinternal injurieshere,there was externallyvisible" Nothing" save a

triflingabrasion of the cuticle over the rightcheek-bone,and a similar

one upon the leftarm. Who could have suspectedwhat was found in-ternally

? On and in the head there was nothingremarkable,onlythat

the slmis transversallswas more than usuallyfullof blood. On openingthe spinalcanal in the neck,about a quartof dark fluid blood gradu-ally

escaped.The spinousprocess of the firstthoracic vertebra was

broken off and layloose in the soft parts. The deepmuscles of the

back were ecchymoseddown its whole length;the spinalmar-row

was uninjured.On openingthe leftthorax,about thirtyouncesof dark fluid blood was found,but there was no heart in the usual

position;on the contrary,it was lyingloose at the bottom of the

thoracic cavity,for the pericardiumhad been completelytorn across,

and the heart torn from the largeblood-vessels. The terminations

of the aorta and pulmonaryarterycould be clearlymade out, the

substance of the heart was dense and firm,and both sides,particu-larlythe ventricles,contained much dark coagulatedblood {Vid.

page 25). The leftlung was also torn almost across at its middle

division,and finally,there was a laceration in the rightlobe of

the Kver, two inches long,and half-an-inch deep! and yet nothing

was joercej)tihleon the bodyexternally!

Case XLT." Ill-treatment. " Peacture of five ribs, with-out

ANY EXTERNAL APPEARANCE OF INJURY.

The followingcase forms a chapterfrom the lowest lifein Berlin.

An extremelypassionateman, M., lived in irregularwedlock with B.,but also in a continual state of quarrellingand strife. On the

morningof the 20th of December, B. was seen in a state of perfecthealth. At noon, a fellow-lodgeron his return home, saw M. ill-

treat B. in the most revoltingmanner, strikingher alternatelywith

his fistand with a wooden shoe,on the head,face,mouth, "c. ; re-gardless

of the presence of an eyewitness,he threw her on the table,

and on the floor,and when she attemptedto rise he seized her bythe hair and threw her down again. An eyewitnesssaw from the

court this poor tormented woman sittingin the afternoon on the

I

114 "33. INJURIES." CASES XLI. AND XLII.

floor half-naked, her face streaming with blood, her mouth swollen,

and her hair dishevelled. She saw M. knock her flat with a blow on

the breast. B. then attempted to rise and go towards the stove,

staggeringas she went. M. againattacked her, threw her down back-wards

and kicked her on the bellyand breast. At seven o^clock in

the evening, the poor woman died. Assuredly,the abrasions and

ecchymoses on the body were innumerable; there was an ecchymotic

swellingof the eyehds,and a laceration of the mucous membrane of

the lips,evidentlyproduced by the blows of the wooden shoe. But

it was a more important fact,however, that no external appearance

revealed the existence of a fracture of the first five ribs of the right

side, or of an extravasation of half-a-drachm of half-coagulatedblood

upon the pons Varolii. To this category also belongs the case

alreadyrelated (" 27, page 64), of fracture of four ribs and rupture

of the liver,without any external evidence of injury.

Case XLII."

Euptuee of the Brain from being run over. "

]NJO EXTERNAL MARK.

An aged tailor was run over and killed. The whole body, and

particularlythe head, evinced not the slightesttrace of injury,and

yet there was a fissure of the skull, extending from the end of the

sagittalsuture to the middle of the squamous portion of the left

temporal bone;underneath this about an ounce and a-half of black

coagulatedblood lay over the brain, and beneath this there existed

that most rare phenomenon, a rupture of the brain, about an inch

in length and width, and filled with about two ounces of similar

blood. The man had lived about seven hours, and had been cupped

at the nape of the neck, as was proved by the marks on the body.

Among many hundreds of medico-legaldissections,I have only seen

this case, and one other, of rupture of the brain {yid. Case

CCCXVIII.). It is evident that this,as weE as every other rup-ture

of an internal organ, can only be produced by very consider-able

external violence, for healthy organs are never lacerated

without it.

116 "33. INJURIES." CASES XLIV., XLV. AND XLVI.

(2.)a fracture of the third cervical vertebra,the spinousprocess of

which was also broken off;(3.)the spinalmarrow was torn across

at this spot,and the spinalcanal filledwith half-coagulatedblood;

(4.)the sternum was completelyseparatedfrom its manubrium ; and

(5.)the second,third,and fourth ribs were fractured;finally(6.)tliere was a superficialT-shapedlaceration of the rightlobe of the

hver, and (7.) a small rupture of the lohulus quadratus. (The

superficialcharacter of this laceration was a sufficient explanationof

the small quantityof blood,onlythree ounces, pouredinto the ab-dominal

cavity.)

Case XLV. " Death prom a violent blow, eupture of the

Liver. " ^Nothing anormal externally.

A girl,agedeleven,had gone into a mill,and was violentlythrown

from a beam againstthe wall. Death occurred one hour and a-half

after. The body in this case also exhibited not the slightesttrace of

injury,and justbecause of this,and consideringthe cause of death

and its suddenness,we were led to predictthe rupture of some im-portant

organ. The autopsy revealed a longitudinallaceration in

the liver six inches long,which had divided the rightlobe from

behind forwards. In the abdominal cavitythere were seventeen

ounces of partiallycoagulatedblood.

Case XLYI. " Pall from a carriage, fracture of the sternum

and of several ribs, rupture of the liver. ^no trace of

injury externally.

This case exactlyresembled the preceding.A coachman had

fallen from his carriageduring severe frost,and shortlyafter died.

He was asserted to have died from "apoplexy,^and "traces of

external violence,^''were declared not to have been found on the

body. And theywere indeed so completelywanting,that for that

reason alone we prognosticatedan internal rupture,and we did so

the more readily,that the corpse had a decided dirtygreenish-white

(hsemorrhagic)colour. The rupture of tliisperfectlyhealthyliver

was of a most frightfulextent, so that the fall must have been

a most violent one. The rightlobe of the liver was com-pletely

torn off,and a very largequantityof frozen blood layin

"33. INJURIES." PSEUDO-ECCHYMOSES. 117

the abdomen. The urinarybladder was full,and with its frozen

contents lay like a solid ball in the pelvis.The sternum was

completelybroken across close below the manubrium, and the last

five true ribs on the rightside were also broken across. There was,

however, no external trace of injury! I may also add, that the

perfectlyansemic lungswere not frozen,but the brain,also anajmic,

was frozen hard.^

(2.)Very frequentlythere is found on the bodies of men who

have died a violent death, one or more suspicious-lookingspots;these are chieflyseen on the forehead,face,superiorand inferior

extremities,the elbow,back of the hand, ankle,shinbone,"c. ; they

are small,from one-quarteror half-an-inch to three-quartersof an

inch in diameter,usuallycircular in form, of a red or reddish-brown,

or a dirtyyellowish-brown,feelingand cuttingmore or less hard

and leathery,displayingwhen cut perhapsa triflingcongestionofthe small cuticular vessels,often not even this,and never exliibiting

any true ecchymosis.These spotsmay puzzlethe medical jurist,and in fact,theyrequirea most careful investigationand descriptionin all cases of death under suspiciouscircumstances,the particularsof which have not yet been ascertained,as theymay betoken some

antecedent struggle,and may at any rate yieldsome information.

But in most cases these pseudo-ecchymoseshave a perfectlydifferent

signification,and careful attention will soon teach the medical juristthe difference,for in generaltheyare but the results of blows and

scratches received by the body in fallingon some hard substance at

the moment of death,and have,of course, not the shghtestconnectionwith the cause of death. Similar spots are often produced after

death by rough handlingof the body during transport,"c. Nu-merous

experimentson the dead body,stillcontinuouslyprosecuted,have made me perfectlycertain of the possibilityof producingsuch pseudo-ecchymoseseven days after the death, and also other

alterations of the cadaveric surface that might be readilyconfoundedwith the phenomena of livingaction. The sooner after the death

the experimentsare commenced the more strikingare the phenomenaobserved. If any part of the dead bodybe firmlyand for some time

rubbed, so as to excoriate it,with a hard brush or coarse woollen

* See also numerous other cases of the most various and importantinjuriesof both hard and soft parts,without any perceptibleexternal trace of injury,in the illustrative cases, " 8, SpecialDivision, particularlyCases LIY.,

LXXXYIII., XCI., XCIII., XCV., XCYI., XCYII., CIIL, "c.

118 "33. INJURIES," PSEUDO-ECCHYMOSES.

rag, or if the bodybe pulledabout upon a roughfloor,and examined

twenty-fourto thirty-sixhours afterwards,phenomena are often ob-served,

which might indubitablybe held to be the result of livingaction,brightcinnabar-red patchesforminga strikingcontrast to the

surroundingcadaveric pallor,dirtyyellowish-brownepidermiccrusts,that cut dryand hard,"c. The results of such experimentstestifythat the explanation,alreadygiven,of the mode of originof

these common cadaveric phenomena, is at once natural and true

{Vid.Plate Y., Pig.14). Engel has made some similar experiments

perfectlyconfirmatoryof mine, and any one may repeatthem with

the same result. He says,"^" If any part of the skin of a corpse

be excoriated,that is,if the epidermisbe removed from it by con-tinued

friction,evaporationfrom its surface is therebyfavoured,andit acquiresthe possibilityof dryingbetter and more quicklythan any

other part of the skin not so treated ; it acquires,in fact,all the

peculiaritiesobserved in a patchof skin altered by friction duri"glife,for similar conditions,are presentin both,givingrise to the pos-sibility

of a rapiddesiccation. The colour of any part of the skin of

a dead body so treated may be varied accordingto desire. If the

excoriation is producedon any partof the body on which hypostasescannot form,then, as is usual in partsaltered by friction,the desic-cated

skin becomes of a clear yellowish-brown,transparentat the

edges. But if on the contrary,the excoriation is made on a spot on

which hypostasesalreadyexist,or may subsequentlyform, then it

becomes graduallyof a blackish-brown colour. In neither of

these cases can the excoriation producedafter death be distin-guished

from one that has been made duringlife.'''We cannot

be too urgent in directingattention to these results of experienceand observation,for the cases are innumerable in which from,

ignoranceor neglectof them, the most important conclusions

have been erroneouslyarrived at. Intimatelyconnected with this

matter is the query :"

(3.)Whether wounds observed on the body have been produced

duringlifeor afterdeath ? When we reflect how seldom there is

any opportunityfor obtainingexperienceon the great scale in

medico-legalmatters, we can the more readilyexcuse the amount of

error that has creptinto the medico -legalscience and practice,that

has been handed down from handbook to handbook, from teacher to

scholar,till it has spreadfrom one court of medical inquiryto

* Op. cit. p. 322.

" 33. INJURIES." VITAL AND POST-MORTEM. 119

another ; and if this has been the case in any one pointyit has been

pre-eminentlyso in regardto the questionnow before ns. It has

been theoreticallyassumed, and it is so stated in the best handbooks,

that wounds inflicted duringlife are very readilydistinguishedfrom

such as have been inflictedafter death,by the entire absence of any

of the usual signsof vital reaction,as inflammation,hsemorrhage,

suppuration,swelKng or cicatrization of the edgesof the wound,

granulation,"c.,and every one that has ever cut or stabbed a dead

body,thinks he has obtained positiveproofof the correctness of this

opinion" and this opinionis indubitablycorrect,when regardedasafiimiative (thatthe wound has been inflicted duringlife),thougheven in this case it may not be superfluousto recite a few of the

limitations to which experiencehas taughtus that itisliable. Inflam-mation,

ecchymosisof the lipsof the wound, and suppurationcan, of

course, never be observed on a wound inflicted on a corpse, but in

very fat subjects,it not infrequentlyhappensthat in wounds, par-ticularly

incised wounds inflicted after death,when the bodybeginsto swell,the subcutaneous fat protrudes,and the edgesbecome more

or less everted,so that a certain amount of doubt may therebybe

thrown over the time when the wound was inflicted,and this doubt

may be much increased if any blood be observed tricklingfrom the

wound, which may readilybe the case should the wound be situated

on any dependingpart,and should the blood be peculiarlyfluid. If

this experimentbe made on several bodies in which these conditions

concur, iftheybe allowed to lie one or two days,and the condition

of the wounds then examined, these statements will be found per-fectly

confirmed. If the bodies,however, be allowed to he for whole

weeks or months, then we will flnd somethingelse. Prom the very

nature of the subject,the experimentcannot of course be so carried

out, but medico-legalpracticeexliibitsafter a differentfasliionsimilar

results. I refer to the case of bodies that have lain longunsuspectedin some certain place,particularlyin the water, and are already

putridwhen first discovered. In such cases we have the whole

surface, or perhapsonly that part in which the injuryis,

green, greyish-green, denuded of its epidermis,largevenous cords

filledwith decomposedblood course across the part,the edgesof the

wound are soft and spongy, fat and serum well out from between

them ; and I can testifythat the most experiencedhand may well

hesitate in such a case to decide from a mere external examination,whether the wound has been inflictedduringlifeor after death,and

120 "33. INJURIES." VITAL AND POST-MORTEM.

may think himself luckyshould the further internal examination of

the case throw any lightupon this point,which is by no means

alwaysthe case. In other cases again,the facts may be obscured

after a different fashion,by the burning of the body,or by the

burningor singeingof that partof the body in which the injuryis

situated ; and this is not a very rare occurrence. In such a case it is

difficult,or impossible,to investigatethe condition of the edges or

bottom of the wound, because both it and the neighbouringpartsare completelycharred,and should the further examination afford

no information,the matter must for ever remain obscure. But if

from this we find that the opinionalreadygivenof the diagnosticvalue of the phenomena of reaction is subjectto limitations which

have not hitherto been related,so we also find from other circum-stances,

that this opinion,taken in itsnegativesense, isutterlyuntrue.

It is assumed to be easy to distinguishinjuriesinflictedduring life

from such as have been inflictedafter death,regardingthose injuries

as most certainlybelongingto the latter category,in which there are

no visible traces of reaction,no trace of ecchymosisof the edges of

the wound, of inflammatoryareola,of suppuration,"c.,and yet cases

do occur perfectlycontradictoryof all this,and in certain circum-stances

which we shall presentlydescribe,such cases constantlyoccur. We have already,in the second subdivision (2) of this

paragraph,been taughtthe great similaritywhich may subsist be-tween

injuriesinflicted during life and those which have been

inflicted after death. And this similarityis much greaterand more

liable to lead to error, when death has instantaneouslyfollowed the

injuryinflictedduringlife,as in the case of punctured,incised,or con-tused

wounds implicatingany importantvessel,as the carotid artery,

jugularvein,"c.,or any vitalorgan, as the heart or lungs,in a serious

manner. In such a case the wounded person does not,properlyspeak-ing,

die,that is,there is in such a case no agony " no act of dying,soto speak" interposedbetween lifeand death ; he is alive and is dead

in the same instant of time,or within,at most, but a few seconds. One

would,a priori,expectthat in such a case there could not be any trace

of reaction,even as evinced byecchymosisof the edgesof the wound,

to say nothingof swelling,suppuration,"c. ; and experiencecon-firms

this in a most remarkable manner, inasmuch as it shows that

these wounds are of such a character,that if after the conclusion of

the aatopsy,a similar wound be made purposelyin the neighbour-hood,it is perfectlyimpossibleto distinguishthe one from the other.

"33. INJURIES." UNATTENDED BY VITAL REACTION. 121

In consideringall we have said nnder tMs head,we must, therefore,

alwaysremember, that it is by no means easy in all cases to

DISTINGUISH between INJURIES INFLICTED DUEING LIFE AND THOSE

INFLICTED AFTEE DEATH. I need not proceedto prove the practical

importanceof this doctrine,nor to show that injuriesto the dead,

particularlyin the case of those drowned, buried,or found in privies

or dungheaps,are often producedby the instruments employedfortheir removal from these situations,and in every such case this

questionmust be decided. The followingcases afford proofof the

truth of the doctrine I have justlaid down.

Case XLYII. " ^Peneteating Wound of the Sternum by a stab.

" Wound of the aech of the Aoeta.

One Siegel,a labourer,and formerlyan executioner,had been

scornfullyabandoned by his wife,and every attemptto pacifyher

and induce her againto live with him was fruitless;so he decided to

make one more trial,and if that failed,to kill her,and this he did,

stabbingher in the breast with an ordinarytableknife and saying,

'^Now, you have your deserts." S. repeatedlyassured me while in

prison,that the knife went in as into "butter,"and yetithad in a most

miheard-of manner made a wound one inch in lengthrightthroughthe sternum. The edgesof the wound in the bone were quitesmooth,without a trace of splintering.In the thoracic cavity,takingboth

pleuralsacs together,there was about one pint of dark fluid par-tially

coagulatedblood,and about eightounces of coagulatedblood

in the pericardium.The knife had gone straighttliroughthe right

lungjustwhere the largevessels enter it,had also penetratedthe

pericardiumand the arch of the aorta,five-fourths of an inch above

its originfrom the heart. The wound in the aorta was slightlyrounded (halfmoonshaped),half-an-inch long,with clean and feebly-bluish edges,the posteriorwall of the arch of the aorta also ex-hibited

a preciselysimilar sickle-shapedwound with clean bluish

edges,so that the knife had completelypenetratedthe arch of the

aorta as well as the sternum. The mui'dered woman gave one

shriek and felldead on the ground,and yetin this case, also,we found

the blood coagulated[Vid."11, page 23). The external appear-ance

of the wound was remarkable,it was situated between the first

and second ribs on the left side,close to their junctionwith the

sternum, extended obliquelyinwards,was three-quartersof an inch

122 " 33. INJURIES." UNATTENDED BY VITAL REACTION.

long,half-an-inclibroad, acute angled,and its edgesclean,smooth,

not inflamed,and without a trace of ecchymosis,it was also wholly

without any trace of fluid or dried blood about it,so that in all

respectsit perfectlyresembled a wound inflicted on a dead body.The non- correspondenceof the external with the internal wound

arose from the obliquedirection in which the deceased had been

standingwhen she received the wound, whilst of course at the dis-section

she was placedflat on her back, and the external coverings

had been therebydisplaced.

Case XLYIII. " Stab with a knife in the Lung.

A boy,aged 14, was stabbed in the back by his enragedand

half-drunk stepmotherwith the knife with wliich she had justbeen

killinga fish,a few minutes afterwards he fell faintingon the floor,

and died six hours after. The wound in the back was ten lines

long,gapingslightlyin the middle where it measured three lines

across, its edgeswere clean and smooth, perfectlyfree from ecchy-mosis,soft and dry,justsuch edgesin short as would have existed

in a wound made upon a corpse. The cause of death was internal

haemorrhagefrom a wound which had penetratedone inch and a-half

into the inferior lobe of the left lung,and in the left pleuralcavitywe found about four pounds of dark fluid blood containingsome

coagula. We also found of course a state of generalansemia,to

which, however, the posteriorcerebral Teins and siuus presentedtheusual exception,{fid.Death from Hsemorrhage,"21, SpecialDivision.)

Case XLIX. " Stab with a daggee in the Lung.

This was indeed a most mournful case ! At a familyfeast a largequantityof Bavarian beer was drunk. The brother-in-law of the

landlord became quite stupidfrom its effects,wandered into the

kitchen and there laid hold of a broken mihtia sword, one foot longand half-an-inch broad,which was used for toastingherrings,and had

been for this purpose ground to a sharppoint,with this he returned

to the room and reeled about brandishingit. His brother-in-law

went up to him, the drunken man put his arms round him, and in

doingso stabbed him in the back. The wounded man died in three-

124 " 33. INJURIES." MODE OF EXAMINATION.

(4.)Yery frequentlythe wounds found on the dead body are such

as have been producedprofessionallyand secundmn artem, from leech

bitesjrecent wounds from cuppinginstruments^recent venesection

wounds, up to surgicalsutures,incisions,crucial incisions,and am-putation

wounds generally(inthis category must also be included

all traces of attempts at revivification).It is usuallysufficient to

describe such wounds summarily in the protocol,but of course,

where the medical treatment has become the objectof complaintand

inquiry,it is necessary to describe most accuratelyevery such wound,

even a venesection wound, should it have been stated to have been

the cause of death. To this categoryalso belong,as alreadymen-tioned,

all such injuriesas may be inflicted on dead bodies by the

means used to secure them, or by the gnawing of predatoryanimals.

Such easilyrecognisedinjuriesare speciallyfound on aU bodies,

whether adult or infantile,that have been draggedfrom the water

by pikes or hooks, "c., or that have been attacked by the vo-racious

water-rats [Vid. "57, under subsection (No. 22.), and

" 120, SpecialDivision).

(5.)Finally,those cases, the most numerous by far,remain to be

considered,in which the wounds themselves must, apriori,be looked

upon as the cause of death. " 19 of the "regulations"already

quoted, laysdown the procedureto be followed in such a case,

and to these we have onlythe followingadditions to make. Even

science cannot but approve, when the present " regulations" require

that "in the case of wounds and injuriesof the dead body,which

have evidentlyno connection with the cause of death,"^" only a

summary descriptionof their appearance is to be given,"and also

when theyfurther permit " the generalappearance of ecchymoses,excoriated patchesof skin, "c., which have also apparentlyno con-nection

with the cause of death,to be compared with well known

bodies,such as piecesof money, fruit,"c." The scientificdetermi-nation

of the cause of death, is never fortified by any of these

accessory appearances. Sometimes cases occur, particularlywhere

murder has been precededby a violent struggle(CaseLXX.), or

where the person has died from a multiplicityof injuries(Case

LXI.), in which such a number of external injuriesexist,that ex-amples

of every class,solutions of continuity,excoriations,cuticular

abrasions,ecchymoses,"c., may be reckoned by the dozen. In

such a case the protocolof the autopsymay be made to consist of a

"33. INJURIES." MARKS OF THE ROD. 125

hundred or more subsections (underdijfferentnumerals),and tliis

must be avoided in every case {Viel." 50),because a too minutelyaccurate descriptionof every anormality,even if it were possible,would seriouslyinterfere with the distinctness of the report; the

autopsyconducted in such a manner would further occupy a most

unreasonable time,and,what is of more importance,such an absurdlycareful descriptionwould be of no use after all,since it could not

assist in throwinglightupon the case, but would rather indeed, in

most cases, obscure it. In such a case it is sufficient to make an

accurate examination and descriptionof the more importantof such

injuriesand anormalties,of those which most evidentlyappear of con-sequence

for the correct elucidation of the case, and then to givea more

summary descriptionof the rest,which may be convenientlyslumped

togetherafter this fashion," ten or fifteen patchespreciselysimilar

to that described were visible upon "." AVe must now say a few words

regardingthe marks of the rod,which not infrequentlyrequireto be

investigatedin cases of the death of children from ill-treatment. Marks

of the rod are recognisableon the dead body in a twofold manner.

Either we find,where the birch has been flatlylaid on, two, three,or

four parallelrunningstripes,which may be shorter or longer,up to

two or three inches long,and are red and slightlyecchymosed,or we

find,when the rod has struck more with the point,a number of

largeecchymosedspots on the part struck ; these resemble ordinarypetechisevery much, but can readilybe distinguishedfrom them by

being confined to one partof the body,usuallythe back and hips.In the longerstripessmall abrasions of the cuticle are sometimes

found, but I have never observed upon bodies any more serious in-juries

as the result of the rod as commonly used among us for the pur-pose

of correction."^ Pinally,in examining solutions of continuity,the "regulations"permitthe "careful introduction of the probe,"where the medical inspectorsconsider it necessary, but to prevent

any abuse of this permissiontheyvery properlyrequirethe reason

for this procedureto be explicitlystated in the protocol.Probing

* In the admirably conducted Marine Hospitalat Cronstadt (in Russia)

I have seen a culpritlying on his belly,who, eightdays previously,had run

the gauntlet,and received twelm hundred stripes," a smaller dose of the

same was even then awaiting him ! His back was entirelycovered with

superficialulcers : his general condition was, however, perfectlysatis-factory.

126 " 33. INJURIES." OF PROBING THE WOUND.

is, however, in fact, perfectly superfluous in mostcases,

since tlie

depth ofa

wound is easuy ascertained without it, whenwe proceed

to the internal examination of the body and of the part injured.

But it is not only not improper, but actually necessary,after correctly

examining and describing the original injury, toopen

itup

in order

to examine the internal condition of its edges, asalso that of the

subcutaneous cellular tissue, and Imay now again reiterate the

ne-cessity

of incising every seeming ecchymosis, in order to discriminate

them from post-mortem and other stains {Fid. " 8).

ON THE INSPECTION OF THE WEAPONS. 127

CHAPTER II.

INSPECTION OF THE WEAPONS.


Penal Code, " 162. In every case the opinionoftlieexpertsmust

he taken as to the weapons loith which the injuriesmight have been

inflicted,any weapons found must he laid beforethem, and theymust

he interrogatedwhether the wounds might have been caused by such

weapons, and whether any conclusions as to the mode in which the

perpetratorhad acted,as to his objectand bodilystrength,can be

drawn from the positionand size ofthe wounds.

" 34. Classification of weapons.

Judicial Medicine lias notliiDgwhatever to do with the ancient

legalclassificationof weapons into lethal and non-lethal. It can-not

be too often repeated^nor too stronglyimpressedon the mind,

that an expert in natural science called to the assistance of the

Judge,has notliingwhatever to do with the arguments, discussions,

or definitions of purelylegalscience. However useful for a Judgeit may be to classifyweapons into lethal and non-lethal,such a

classificationis,from a medical pointof view,simplyabsurd ; and in

judicialmedicine,onlysuch a classificationis likelyto prove ser-viceable

as shall arrange the various weapons, and modes of pro-ducing

death, under the heads of their various actions on the

animal economy, as from these actions we can in unexplainedcases,duringHfe or after death,infer the nature of the weapon so em-ployed.

It is obvious,therefore,that the simplestclassificationof

instruments capableof producinginjuryis into (1.) sharp,(2.)blunt, (3.)fire-arms,and (4.)instruments capableof producing

strangulation.

" 35. Sharp-weapons.

Under this head must be included every kind of one-edgedcutting

128 " 35. SHARP WEAPONS." CASE LH.

instrument,as a razor, every tind of one-edgedand sharp-pointedinstrument,as most table and pocket-knives,every kind of double-

edged cuttinginstrument which are usuallyalso sharp-pointed,as

daggers,stilettos,cane-swords,and rapiers;every kind of three-

edged weapon, as sharpbodkins and bayonets; all weapons whose

cuttingedge is more or less straight; also every kind of cutting

weapon with a more or less crooked or halfmoon-shapededge,as

sabres,scythes,and sickles ; to this categoryalso belongsharppiecesof glassand metal. We have had occasion to investigatewounds

made with all these weapons, as the reader will,to some extent at

least,be able to perceivefrom the cases given.Contused wotmds inflictedbysuchweapons maybe superficialor deep.

When recentlygiven,their edgesare certainlysmooth,when the weapon

has been recentlysharpened,but stillalwaysmore or less contused at

the external surface. The reactive phenomenadepend,of course, upon

the partwhere the blow was struck,and the results found,upon the

time elapsedbetween the infliction of the wound and its examination,

whether that take placeduringlifeor after death. When such wounds

reach the bones, theyeither splinterthem or divide them cleanly,and the latter is speciallyapt to occur in the case of the largerand

smaller long bones, as the flngers,arm bones,"c. Both kinds of

injury,splinteredfracture or clean division,can also be producedbycuts inflicted on the skull. The followingcase shows that even the

short Prussian infantryside-arm,wielded with sufficientstrength,is

able to cut completelythroughthe skull.

Case LII. " Sabre-cut fatal feom peneteation of the

Skull.

In a quarrelbetwixt civilians and soldiery,a workman aged 42,

received a cut across the head from the sharpsabre of an infantrysoldier. The cut extended three inches and a-half from the sagittalsuture towards the leftparietalbone,and this bone was towards the

middle of the cut completelydivided to the extent of one inch. The

internal or vitreous table was splinteredin every direction round the

wound, and the coveringsof the brain cleanlydivided to the extent

of one inch. At this spotthere was an abscess the size of a walnut

which contained splintersof the vitreous table. Eecent leech bites

over the upper part of the abdomen showed that the deceased must

have complainedof painin this region,and this was probablyrefer-

" 35. SHARP WEAPONS. 129

ribleto a tuberculosis of tlieliverwhicli was revealed on dissection.*

Contused wounds have thispeculiarity,which isdeservingof attention,that theyalmost never representthe exact dimensions of the weapon

employed,and do not therefore contribute any data for estimatingits nature. And in this respectan importantdifference obtains when

muscular partshave been divided in the longitudinaldirection of the

fibres or across them, in which latter case a gaping wound is left,

differingvery much from the dimensions of the weapon employed.Incised Woimds may be superficialerdeep,and have sharpsmooth

edgesnowhere contused,wliich converge to an acute angleat both ends.

The reactive phenomena resemble those in contused wounds. They

may, as iswell known, occasion importantand fatalhaemorrhage,when

theyimplicateany considerable vessel that may be directlybeneaththe skin. It is extremelydifficult,and often impossible,to deter-mine,

when such is necessary (as,for example,in cases of doubtful

suicide),where the incision commences or where it ends ? whether

it runs from rightto left or the reverse ? This questionis speciallyapt to arise in cases of cut-throat. Stains of blood on the one hand

and not on the other,incisions in some articles of clothingon the

one side and not on the other,and similar accessory circumstances

often afford an explanationin such cases.

Cases of cut-throat may in certain circumstances giverise to

another perplexingphenomenon,extremelyapt to mislead,as I have

seen in one remarkable case, wliich I helpedto unriddle ; where,for

instance,the incision has been made across a neck covered with those

numerous folds,so common in aged or meagre persons, with the head

bent forwards ; on the neck of the corpse beingstretched or bent

backwards,there is no longerapparentonlyone continuous incision,but several interruptedones, often tolerablydistant from each other,

justas we see more plainlyin a pieceof cloth which has been folded,

cut,and then unfolded. The medical inspectionin a case of this

nature (No. XXXII., abeadydetailed),had made "four incised

wounds " of the one which reallyexisted,and supposedtheyhad de-monstrated

a murder, and that the murderer had made several

attemptsto completethe cuttingof the throat !

Punctured wounds occasion but littleexternal haemorrhage,except

* Two other examplesof division of the cranial hones hy sahre-cuts will

he found in Cases LXIII. and LXIV. Another case of a fatal sahre-cut

upon the head, though not related here,will be found among the second

hundred of my Gerichtliche Sectionen,s. 49.

K

130 " 35. SHARP WEAPONS.

in sucli situationsas tlieneck^ -where largeblood-vessels lie near the

surface,and iftheyare of small size are attended by the most trij3.ing

reactionaryphenomena. But, on the contrary,when such wounds

penetratedeeplythey giverise to the most considerable internal

effusions of blood,urine,the remains of food,"c. ; and in regardtothis there is one pointto which I must direct attention,inasmuch as

it is essentiallya practicalone, and appears quite different when

regardedfrom the two oppositepointsof view of the studyand the

dissectingtable. Nothing is more common, for example,than to

blame the medical juristsfor not ascertainingthe precisesource,

place,or vessel,from which internal hsemorrhagehas proceededm cases of penetratingwounds. But this is frequentlymost

undeserved; for in many cases it is either perfectlyimpossibleto

ascertain tins,or it can onlybe ascertained after a most laborious

examination,by first removing all the internal organs and then

introducinga blow-pipeinto the principalvessel,and such a waste

of time serves, after all,in general,no practicalend, for the internal

hsemorrhagebeingthe indubitable cause of death,the circumstances

of the case may render it perpectlyunimportant,in a legalpointof

view,to ascertain from what vessel ithas originated.I need scarcely,however, state,that cases of an oppositenature do sometimes occur.

Punctttred wounds also seldom representthe exact dimensions of

the weapon employed,because the weapon is so forced throughthe

skin and superficialmuscles that any comparisonbetween it and the

wound made may lead to erroneous conclusions. Moreover, in all

punctured,contused,or incised wounds, any comparisonof the wound

with the weapon supposedto have producedit cannot,of course, lead

to any correct conclusions,when the person wounded has died after

the commencement of granulationor cicatrization," a circumstance

that frequentlyoccurs after injuriesof the head.

Scratches,or the marks of finger-nails,are found on the body in a

twofold form. Should strongpressure alone have been made by the

nails,then we find,even when true ecchymosishas not occurred,a

semicircular,more or less reddened, and feeblyecchymosedstripe,which exactlypointsout by its situation and direction the positionin wliich the fingeror fingershave been applied,a pointof consider-able

importancein cases of strangulation,or of doubtful self-delivery.If the nails have been used to scratch more than to squeeze, the

cuticle is found to be peeledoff,the skin beneath beingsometimes

of a bright-red,and sometimes not remarkable at all in its appear-

132 " 36. BLUNT WEAPONS.

been employed. A greatvarietyin the nature of the wounds is

most commonly found after death, from repeatedinhuman acts of

violence,and after murders committed by men of peculiarlyferocious

character,as several of the examplesgivenin " 41 w"l abundantly

prove. As to the kinds of blunt weapons, and forms of violence

employed,these occur in every possiblevariety.From what I have

seen in the course of my own practicealone,I can enumerate, adzes,

axes, blunt sabres,every kind of hammer, pavingstones,cudgels,broken jugs,and largebeer-glasses,beams, logsof wood, wooden

shoes,wheels, windmill saus, masts, the butt- end of guns, iron

hooks, waggons and railroad trains,the fists,teeth,feet,"c., since

every kind of blow or fall comes under this category. As alreadyremarked, one result,by no means rare, of the employmentof such

blunt weapons or modes of injury,is the rupture of some internal

organ. Healthyorgans, lungs,heart,"c.,never rupturespontane-ously,the rupturedlung of a pthisicalperson has been tuberculous

and cavernous, and a rupturedheart has also been either atrophied

or hypertrophied,"c. And even healthyorgans are never ruptured,but by the employment of very considerable violence. Therefore,

fissures in the basis cranii,rupture of the Kver, lungs,"c., may

uniformlybe taken as conclusive evidence of the previousapplicationof greatviolence. The followingare the observations I have made

on each of these individually:"

Fissures of the base of the sTcull are always transverse. In

a very numerous series of cranial injuries,I have never once seen

a true longitudinalfissure. They are most generallyfound in the

anterior third of the cavity,and usuallyextend from ^he pars petrosa

of one temporalbone to the sella turcica,or across it to the pars

petrosa on the oppositeside. We shall consider subsequentlythe

fractures of the rest of the cranial bones.

Rupture ofthe brain is uncommonly rare, at least I have onlyseenit twice,once in the case of a man run over by a carriage{Vid.

Case XLII.), and another time, followinga contusion {Fid.Case

CCCXYIII.). Also"

Rupture of the lungs,is by no means frequent.It may occur in

any one of the lobes of either lung, and in every possibledirection

and situation(CasesXXX., XL., and XCIII.).

Laceration ofthe trachea,and oesophagus,are extremelyrare (Case

XCII.),and are producedonlyby contusions of the utmost violence.

I have alreadyrelated cases of these greatvarieties.

" 36. BLUNT WEAPONS." CASES LIII. AND LIV. 133

Buptttreof the pericardium,and rupture of the heart (CasesXXXIX. and XLIII.). In the one case the faU from a greatheight,in the other,the beingviolentlycrushed againstthe stem of

a tree violentlyconcussed the body, and death was of course all

the more instantaneous in each case, from the coetaneous occurrence

of other importantinjuries.Rupticreof the liver,is not onlythe most frequentof all organic

ruptures,but is indeed by no means of infrequentoccurrence (Vid.Cases XXXrV., XXXYII., XL., XLIII." XLYI., and LIV.,

XCIII., and XCYI.). In almost every case the rupture is longi-tudinal,and either occurs in the rightor left lobe,or between them,

or, as I have seen in a few instances,it may occur in the form of

several small longitudinallacerations in both lobes. Transverse

lacerations of the liver are extremelyrare, and when theydo occur

it is not usuallyas one singlelaceration of considerable size,but

several small isolated rupturesare found near one another. But

Case LIII."

Eare Torm of Euptueb of the Liver.

I have once seen a pecuharform of ruptureof the liver in the

case of a boy,agedtwo years and a-haK,killed by beingdriven over,

who lived half-an-hour after the accident. A reddish-brown stripehalf-an-inch broad,cuttinglike parchment,extended from the mid-dle

of the abdomen to the third lumbar vertebra. In the abdominal

cavitythere were four ounces of dark fluid blood effused,which had

escapedfrom a laceration of the hver, of so peculiara character,that

the entire edgeof the rightlobe seemed as if it had been gnawed byanimals. The peritonealfolds in the pelviswere also much ecchy-mosed, while the rest of the body was of course ansemic. The

vena cava was empty, the heart empty,the lungs,as in every case

of anaemia,of a greyish-wliitecolour. The veins of ihepia mater,

however, as usual,did not partakein the generalwant of blood.

The followingis also an extremelyrare case :"

Case LIY. " Complete separation of the Liver.

A girl,aged four,was run over by a vehicle,and died in a few

minutes. Externallythere were no traces of any importantinjuryvisible (page109), a triflingecchymosison the left side of the fore-head,

on the rightforearm,and a more stronglymarked ecchymosed

134 " 37. FIREARMS.

stripeon tlie left leg nothingelse. Prom the suddenness of the

death,therefore,and the circumstances in which it had occurred,a^

rupture of the liver or spleenwas to be expected.The liver was

found to be ruptured,in a manner I had never previouslyseen, not

onlytransversely,but so completelytorn throughthat the anterior

portionlayloose in the abdominal cavity.The spleenhad also two

transverse lacerations in its substance,but theydid not pass beyondits centre. In the abdominal cavitythere was a pound of fluid

blood. With the exceptionof rupturesofthe uterus duringlabour,and rupturesof the spleen,which, when theydo occur, are usuallytransverse {Vid.Cases XXXI7., LIY., XCI., XCYIL, and CIII.),

ruptures of the other abdominal organs are almost never observed.

Amongst these we include lacerations of the stomach,of the intestinal

canal (CaseXCVII.), of the omentum {Ibidem),of the kidneys,of the largeblood-vessels,and the urinarybladder,which seldom occm'

exceptin cases of generalcrushingof the body. Devergieindeed

supposes, that ruptures of the urinarybladder are" tolerablyfre-quent,"

but in support of this remarkable opinion,he quotesnot

one case from personalobservation,but onlygivesin a few words

two cases observed by others,and these not minutelydescribed. I

have never observed on the dead body a singlecase of ruptureof the

bladder, whether full or empty, in the latter case, in truth,the

accident could not happen without completedestruction of the

pelvis.

" 37. PlREAEMS.

To this categorybelong one- and two-barrelled pocket-pistols,

pistols,rifles,guns, and muskets (cannons and mortars, which

Devergiealso reckons do not belongto the departmentof juridicalmedicine !). Shots from such weapons destroythe continuityof the

parts,partlyby perforatingboth hard and soft tissues,partlyby

contusingand laceratingthem, and are fatal either by thus destroy-ing

importantorgans, as the brain,or by haemorrhage. The fire-arms

themselves are very rarelyrequiredto be examined by the

medical jurist.Por, on the one hand, the weapon is seldom found

by the bodyfound shot,because the murderer does not leave it lying,and the suicide may be robbed of itafterdeath;and,on the other hand,

cases (ofgunshot)where the circumstances are, " priori,sufficientto

prove them suicidal,do not come under the cognizanceof the medical

" 37. FIREARMS. 135

jurist; and,finally,it is but rarely,in our experience,even in cases

of certain or suspectedmurder, that the inspectionand examination

of the weapon, where it is found,is of any judicialimportance. In

order to be able,if necessary, to answer the question,whether,and

when a weapon has been fired? M. Boutigny, an apothecaryin

Evreux,* has experimentedon the residuum of the powder left

adheringto the locks of firearms dischargedat differentperiods; his

results are mainly as follow :" Fnst period.This lasts but two

hours after the dischargeof the piece. The adheringresiduum is of

a blackish-blue colour, without any crystallineconstituent,and

without any red oxide or other salt of iron,sulphuris,however,

present,and the solution of this dirtyresiduum has the smell of

ambergris.The second periodlaststwenty-fourhours :" The colour

of the foulingis less dark, its solution is clear,no sulphur,no

crystals,and no red oxide of iron is present,but traces of a salt of

iron are found. Third period:"This lasts for ten days,and is

characterized by the presence of small crystals,in the primingpan,and particularlyunder the hammer and flint. Towards the end of

this periodthe crystalsbecome alwayslarger. On the partof the

barrel oppositethe pan, and in the pan itself,numerous spotsof the

red oxide of iron are visible. Testingwith Tincture of GaUs, and

with Perrocyanideof Potassium shows the presence of a salt of

iron. Pourth period:" This lasts tillthe fifteenth day,and differs

onlyfrom the third in that the quantityof the salt of iron on the

barrel graduallydiminishes (!),while the red oxide increases. Orfila

does not hesitate to say respectingthese experiments," it is thus

possibleto determine,within a few days,or even within a few hours,

how longit has been since any firearm has been discharged."I,

for my part, am far from sharingthis opinion. Por we dare not

attribute such importanceand probativepower, especiallyin such a

case as this,where the life of the accused may depend upon it,to

the isolated and unconfirmed experimentsof a man unknown to

science. Moreover, the extreme distinctness with wliich Boutigny

laysdown the results of his experiments,makes them look aU the

more suspicious.Por it is evident that a difference in the qualityof the powder must make a difference in the residuum adheringto the weapon, since the amount of nitre varies from 62 to 76 per

cent., the amount of charcoal from 12 to 18 per cent.,and the

sulphurfrom 10 to 20 per cent. The varyingdegreeof humidity* Journ. de Chim. Med., 1833, Septembre.

136 " 37. FIREARMS.

of the atmospherewill also produceother variations ; and, moreover,

the discoveryof percussioncaps and gun-cotton has completelyaltered the pointof view from wliich this questionmust be examined,

and has introduced new elements into its consideration. But I

must further remark, that these questionsbelongnot to the province

of the physician,as such "and if he be not, perchance,a skilful

sportsman and experiencedin firearms,he cannot be considered a

competentexpertin such matters,and it is his dutyto refer them, if

the judge himseK do not do so, to gunsmiths,foresters,game-keepers,

and the like. How often will it not happen that among

the twelve jurymen there are one or more experiencedsports-men,and how much better will the physicianmaintain his own

positionin their eyes by at once declaringthat he is no au-thority

in such matters, than, by retaihngopinionsobtained from

books, which one author has, without examination,copiedfrom

another,thus displayinghis own ignoranceof the subjectto those

who reallyunderstand it,and renderingthe rest of his evidence

doubtful in the eyes of the jury! The case is different in respect

to the action of firearms on the body; here the physicianis a

competent witness,for here we have to do with the observation of a

natural objectwithin the compass of his science. Besides what we

have alreadysaid respectingthe generalaction of firearms,there

yetremains to be considered the recent invention of conical bullets,

the condition of the edges of the wounds of entrance and of exit,

the course taken by the bullet,the action of double-barrelled

weapons, revolvers,"c. ; but these objectswill be most appro-priately

treated when we come to speakof the mode of death follow-ing

gun-shotwounds (Spec.Div.," 10, "c).

" 38. Instruments capable of producing Strangulation.

There is no long,limber,and tough substance,wliich has not

been employedto producestrangulation;cord, rope, kerchiefs of

every form and stuff,girdles,leathern braces,twisted straw-bands,

venesection bandages,sleeves of jackets,and legs of trousers, "c.

Such instruments,act as is well-known,by closingthe air-passages,

by constrictingthe importantvessels of the neck and stoppingthe

circulation through them, or by paralysingimportant nerves by

compression. Their local action on the neck producesthe mark

of the ligature,and as this is an importantmatter in determining

" 38. OF LIGATURES, ETC. 137

wlietlierdeath, has been caused by banging,or whether the body has

onlybeen suspendedafter death,we shall consider it more at largeunder the head of Death by Hanging {Vid.SpecialDivision,"" 44,

"c). The inspectionof the cord,"c.,is frequentlyrequiredof the

medical jurist,that he may determine whether such a ligatureis

capableof producingthe mark discovered. I can state with

certainty,as the result of a largenumber of observations,that

this determination may often be attended with the utmost difficulty,if it be not steadilyremembered that every possiblevarietyof

ligaturemay produceevery possiblekind of mark, for experienceteaches us that this is the truth. In general,indeed,roughand

hard substances,as hempen cords,leave upon the neck a mark

exhibitinghere and there triflingexcoriations,and patchesof

mummified (parchment-like)skin,whilst the mark left by softer

substances,as silken or woollen kerchiefs,and similar articles,exhibits this appearance much more rarely,but by no means never.

Experiencealso teaches that the breadth of the mark leftgenerally

correspondswith the breadth (diameter)of the ligature,rope, "c.,

employed. But there are numerous exceptionsto these rules;

kerchiefs of silk,"c.,are, no doubt, soft and elastic in themselves,

but they are often edged with hard substances,as lace fringes,crochet borders,"c.,and these hard edgesmay come to lie directlyon the skin and so compress and ruffle it. On the other hand,

broad ligatures,as girdlesand trouser suspenders,may produce

quitenarrow marks, because in this respectmuch dependsupon the

situation and positionof the body duringthe hanging; should the

body of the deceased,for instance,be onlylyingin the noose of a

broad ligature,it is evident that this may easilytilt over and come

to press with its narrow edge alone,and such cases are by no means

rare. Pinally,the relation which the mark bears to the ligature,as

to depth,varies very much accordingto the degreeof constriction

of the neck. I have often enough seen this so tightthat it was

impossibleto introduce a fingerbetween the ligatureand the neck,

while in most cases the ligatureis loose,and is yet sufficiently

tightto producedeath when the weightof the body is suspended in

it. Every case of this nature brought up for medico-legalexami-nation

must rest upon its own merits,and requiresthe most careful

consideration,lest an unfounded opinionmay be incautiouslygiven,which may be fraughtwith importantconsequences for the accused.

We shall consider further the subjectof the mark of the ligature,

138 " 39. DOUBTFUL BLOOD-STAIl"iS.

which is by no means exhausted,whe" we come to treat of Death

by Hanging. The examination of the ligaturemay, however, be of

importancein another respect,in cases, for instance,where it is

doubtful whether the case is one of murder or suicide ; the nature of

the knot tied may be very significant,as it may belongto one or

other of the numerous technical knots" such as the baker^s knot,

with wliich theytie their sacks ; the miller^s knot, which fastens

their sacks after a different fashion,and many other trades also,who

have each their own peculiarmethod of tyinga knot. More than

once, I myselfhave been asked if the knot producedwere a baker's

knot, or no, "c. The medical juristis not omniscient,and he

cannot be expectedto be conversant with all the various implementsand knacks of every trade,because his own peculiarscience does not

supplythe knowledge necessary for this. Therefore for the same

reasons that I have alreadygiven(page136),when speakingof the

matter of firearms,I would also advise in the circumstance now in

consideration,a similar declaration of incompetence.The Judgemust

then requirethe attendance of the respectivetradesmen concerned,

examine them, and get their opinionon the matter.

" 39. Doubtful Blood-stains on Weapons.

In criminal investigationsrespectingmurder, homicide,wounds,

violence,rape, "c.,the medical juristis often called upon to deter-mine

whether stains upon weapons, articles of furniture,doors,walls,

utensils,or upon articlesof dress or cloth,which appear to be blood,

are reaUy so or not. The accused denies everything,and these

suspicious-lookingspots,of which he says he knows nothing,maybe, perhaps,the most importantevidence againsthim. Or, he

may acknowledgethat the stains are blood-stains,but he bringsforward reasons for their beingproducedby the blood of a beast.

Or, he may allow that the stains upon his trousers are indeed blood-stains,

but theydo not arise from any wound infiicted by him, but

from the fact that on a givenday,previousto his arrest,he had

connection with a menstruatingwoman. Or, in another case it may

be doubtful whether the stains have been reallyderived from the

injuredperson, or whether there may not be reason to suspectthat

he may have made them himself with the blood of an animal,to

render his accusation of another partymore seeminglyprobable.I

can quote cases in support of aU these differentpleas,but theyby

140 " 39. DOUBTFUL BLOOD-STAINS.

when theyare few in number, or of small size. Recent blood-stains

may be further easilydistinguishedin generalby means of the mi-

croscope, inasmuch as the corpusclepeculiarto human blood can

usuallybe distinctlyrecognised,but this admirable means of dia-gnosis

often fails us, when the blood has been long effused,when it

has been wet and dried again,when it has been mixed with other

substances,when the stuff upon which the stain is,lias heen much

rubbed or washed, for in all these circumstances the blood corpuscles

are destroyed,and can no more be recognisedas such, even by the

most expertmicroscopists.

Much attention has rightlybeen directed to Barruel^s pretended

discoveryof the power of distinguishinghuman blood from that of

animals by means of the peculiarodour evolved by the action of

pure sulphuricacid. But if it be hazardous in medico-legalcases to

admit proof dependingon a nice distinction of colours,it is doubly

so to employ in such cases the sense of smellingas a criterion,for

there is no sense more liable to greater individual differences than

this is,and indeed BarrueFs method has been found wanting when

tested by experiment; omittingmany earlier and similar experiments,I may refer for proofof this,to those strikingexperimentsinstituted

by Chevalier.* He preparedaccordingto BarrueFs method the blood

of sheep,of oxen, and of different men, and submitted the various

specimensto the noses of a number of expertsassociated with him ;

these recorded their opinionof the various specimens,the exact

nature of which was unknown to them, and it was found, that

though sometimes they had guessedrightly,they had much more

often guessedwrong, having diagnosedhuman blood to be animal,

or the reverse ! BarrueFs method, or indeed any method of distin-guishing

the blood of one animal from that of another by the smell

is,therefore,far too uncertain,and too liable to dangerousmistakes

to be ever admitted as evidence,particularlyin criminal prosecutions.The followinginstructive case proves, however, that it is possible

even after a long time to distinguishmicroscopicallythe dried blood

of men from that of brutes,if it have been carefuUypreservedfrom

the injuriousinfluences alreadydetailed. This case was brought

before the Eoyal Scientific Commission for their opinion,and was

referred by them to Prof. Johannes M"ller and the author.

* Annales d'Hyg. Publ. 1853, Avril.

" 39. DOUBTFUL BLOOD-STAINS." CASE LV. 141

Case LY. " Diagnosis between Human and Bird's Blood.

A man was forciblyexpelledfrom his home, and therebyinjured.He pretendedto have fallen illin consequence, but a suspicionarosethat the blood passedby him per anum during the course of his

illnesswas not human blood,but pigeon's-blood,purposelyswallowed.

Two physicianshad certified this. On a further examination two

other physicianshad declared that the blood passedper anum

between the 30th of January and the 3rd of Februaryhad been

distinctlyrecognisedby them as bird's blood when examined micro-scopically

on the 22nd of July(afternearlysix months). The RoyalMedical Collegeat X., when officiallyinquiredat about the matter

in November, would giveno decided opinion,because the nature of

the substance was said to be no longerrecognisable;and when

further asked if this must have been the case on the 23nd of July?

theycould giveno answer. The judicialinvestigator,therefore,referred the matter to the decision of the Scientific Commission, and

laid before it the followingqueries:" (1.)Is the matter sent recog-nisable

as the blood of man or of a bird? (2.)If not recognisable,

why not ? (3.)Mightthis impossibilityof distinguishingthe nature of

the substance have alreadyexisted on the 22nd of July,or since

when has it arisen ?

In the middle of Februaryof the followingyear, thus more than an

entire year after it was passed,the blood was examined, and the

followingopiniondelivered :"

" In dischargeof the dutyimposedupon us, the suspectedblood

(adrypowdersent in a box),was comparedunder the microscope:"

(1.)with recent and with dried blood from a human corpse, (2.)with recent and with dried pigeon'sblood. When sufficientlysmall

fragmentsof the suspectedblood are preparedwith a solution of

common salt or of sugar, and placedunder the microscope,the

blood corpusclescan be distinctlyrecognised; these are not elliptic,

but possess the form and size peculiarto the blood corpusclesof

man and the mammalia ; none have been found differingin size from

those of human blood corpuscles,and onlya few somewhat differingfrom the usual circular form, but neither more nor fewer of these

than are usuallyfound in the blood of man and the mammalia. No

nuclei have been seen in these corpuscles,and in this theyperfectlyresemble the corpusclesof man and the mammalia. The blood

142 " 39. DOUBTFUL BLOOD-STAINS." CASES LV. AND LVI.

corpusclesin questionliave not tlie slightestresemblance to the

blood corpusclesof pigeonsor any other bird and why theyshouldever have been identified as such cannot be conceived. The blood

corpusclesof birds are, without exception,elliptical,theypossess a

distinct oblongnucleus, and are moreover, twice as largeas the

corpusclesin question. It follows then from what we have said,that the blood sent us for examination is not pigeon^sblood,nor the

blood of any bird,but can onlybe the blood of man or of one of the

mammaha. Wliich of these it is cannot be decided,inasmuch, as the

form and size of the blood corpusclesin man and in the other mam-

malia^appearpreciselysimilar under the microscope,and there are

no certain diagnosticmarks, between the two kinds of blood. Ac-cordingly

we giveit as our opinionthat the substance sent us for

examination is not bird^s blood,but the blood of man, or one of the

mammalia " and it is therefore unnecessary to make any remark

on the two other questions.BerKn, March 13th, 1850 " EoyalScientific Commission for Medical Affairs."

It cannot be denied,that besides other favouringcircumstances

alreadymentioned,the investigationwas in this case rendered much

easier by havingto distinguishbetween two forms of blood cor-puscles,

which are so decidedlydifferent from one another. The

followingcases w"l, however, show how much more difficult the

converse of this is,viz.,to decide whether a stain has been made byhuman or animal blood.

Case LYI. " Is it the Blood of a Man oe, of a Cow ?

On the 14th of January,18 "

,at N., a company were drinking

togetherin an alehouse,and among them S. and a man-servant

named W., the latter saw that S. had with him a purse containing

twenty-fivethalers ("3 15s.),asked liim which way he would go

home, and immediatelywent off. While S. was returninghomewards

during the night alongthe snow-clad highway,he was suddenly

struck,bleedingand senseless,to the ground. When he againcame

to himself,he found he had been robbed of his purse. W. was

arrested,stronglysuspectedof the robbery,his boots exactlyfitted

the footprintsin the snow ; he had been formerlypunishedfor theft,

and he was spendingan unusal amount of money, "c. But the most

suspiciouspointof all was the existence of a bloodystain,the size of

the palm of the hand, on the front of his drill trousers ; this he ex-

" 39. DOUBTFUL BLOOD-STAINS." CASE LVI. 143

plainedaway by saying,that duringthe Christmas justpassed,hehad assisted at the slaughteringof a cow, and this statement beingfound correct,the legalofficialsof that districtsent me the trousers

with a requestthat I would determiue microscopically,whether the

blood-stain arose from human or animal (cow^s)blood ? Several

experiencedmicroscopists,amongst them Prof, du Bois-Reymond,had the kindness to assist me in tliisdifficultinvestigation.I sub-join

the more importantpartsof the reportwhich we transmitted to

the court: " "Investigationsof this nature are rendered more diffi-cult

by the blood not beingperfectlyrecent,and also by the question

lyingbetween the bloods of such animals as have their blood cor-puscles

of a similar form. The latter is particularlythe case in

respectto the blood corpusclesof man, and those of most of the

mammalia, particularlyof oxen, in so far as both are uniformlycircular,and the human blood corpusclesmerelysomewhat greaterin diameter than those of the oxen. At our firstmicroscopicex-amination

on the 8th of February,we once more completelysatisfied

ourselves on these points,for recent human and oxen blood havingbeen comparedtogetherunder a glassmagnifying180 times, the

difference could most distinctlybe made out ; also after mixingbothkinds of blood together,the smaller blood corpusclesof the oxen

could be readilydistinguishedfrom the largerhuman ones. We

then proceedto examine the corpus delicti,a few threads from the

blood-stain on the trousers were soaked in pure neat's-foot oil and

examined,but instantlythe utmost varietyand uncertaintyof opinionbegan to prevailamong the observers present,because the form of

the blood corpuscleswas indistinctlyseen. The blood-stain in

question,moreover, at the time of examination might have been six,and was at least three weeks old,and could,therefore,onlypresentto view perfectlyshrivelled blood corpuscles,which alwaysgive an

uncertain result. In order to test the contraryopinionadvanced bya recent author (Schmidt)in this department,viz.,that dried blood

corpusclesexhibit the same volume as recent ones, and also to giveour opinionthe utmost possiblecertainty,we experimentedby drop-ping

upon other partsof the same trousers recent human and recent

oxen blood,layingthe piecesof cloth aside in preciselysimilar con-ditions

for eightdays to dry. On the 15th of Eebruarywe pro-ceeded

to our second microscojjicinvestigationby soakingboth of

these stains with bone-oil,and bringingthem under the same micro-scope,

firstexaminingeach stain separately,and afterwards mixing

144 "39. DOUBTFUL BLOOD-STAINS." CASES LVI. AND LVII.

the two bloods together.The result was, that althoughthe dried

haman blood seemed to have more resemblance with that of the

corpus delicti than the dried oxen blood had, yet the form and

diameter of both kinds of blood were so much altered by the

shrivellingtheyhad undergone,that it was perfectlyimpossibleto

givea decided opinionin the matter.^ We must, therefore,give it

as our opinion,that it is impossibleto state with certaintywhether

the blood-stain on the trousers of the accused is caused by the blood

of a man or a cow."

Case LYII."

Is it the Blood of a Sheep, a Cow, oe, a Man ?

Several faint traces of blood were seen on the wrist ruffles of both

sleeves of the shirt of the murderer mentioned in Case CCLXXXII.,

which will be given further on. As the person strangledby him

had bled from the nose, these spotswere extremelysuspicious.He,

however, asserted,and his assertion was confirmed, that the dayafter the deed was done he had assisted at the slaughterof an ox,

two wethers,and a calf,and that this was the source whence the

blood came. The questionwas referred to us for decision. The

traces of blood on the shirt,which reached us ten days after the

event,closelypacked in a small parcel,were very trifling,and had

evidentlybeen both rubbed and washed, so that a completedestruc-tion

of the blood corpusclesmust, a priori,be expected. Never-theless

the best preservedblood-stain was cut out, and the linen

fibres soaked in spittle,previouslyexamined microscopically,to make

sure that it was free from blood, and brought under the same

microscopeas in the former case. In this case also I was assisted byProf, du Bois-Reymond,whose name is a sufficient guarantee for

the correctness of the results. Alas ! these were once more negative,for we could not even recognisethe form of a blood corpuscle,far

less distinguishwhether the corpusclesbelongedto human or

animal blood. A counter experimentwith recent human blood was

of no avail in throwing hght upon the objectof our examination,

and we were obligedto explainto the judgethat it was no longer

possibleto make the diagnosisrequired.

* Br"cke (Wiener med. Wocliensclir.,1857, No. 23) also adduces convinc-ing

proofof the utter untrustworthiness of the micrometric measurements of

blood-corpusclesthat have been dried.

" 40. CHEMICAL EXAMINATION OF BLOOD-STAINS. 145

"'40.Continuation. " Chemical Examination of Blood-stains.

In examiningblood-stainschemically,the method usuallyemployedis that recommended by Heinrich Rose {pp.cit.),and consists partlyof that recognisedby him as the most convenient of the methods of

examination hitherto employed,and partlyof the method peculiartohimself. It is as follows : " the dried blood istreated with cold distilled

water,which is from time to time carefullypoured off from the

undissolved fibrin,tiU the latter is lefttolerablyfree from colouring-matter. The fibrin may be readilyrecognisedby the microscope,especiallyif it be comparedwith fibrin obtained from recent human

blood. The watery solution is then tested by reagents,but onlythesolution firstobtained is employedfor this purpose, as the after-

wasliingscontain too littlecolouring-matter.On the addition of

such an excess of chlorine water,that the fluid after beingshakensmells of it,it becomes decolourized,and white flakes are separated,which usuallyrise to the top. If nitric acid be added to a third

partof the solution,a whitish grey precipitateoccurs, and tincture

of gallsproduces a faintlyviolet depositin a fourth part of the

solution. One portionof the fluid must be heated to the boilingpoint,whereby a largeror smaller coagulumis producedin it,

accordingto the quantityof liquorsanguiniscontained in it; if the

amount of this be but small,a mere opalescencemay result. The

colour of the coagulum is a dirty-reddish,it is readilysoluble in a

hot solution of caustic potass,and the colour of this solution is

more or less greenish,but it has the peculiarity,when not too

diluted,of appearinggreenishonlyby transmitted light,and red byreflectedlight,and this,which is seen best in a wliite glass,has been

termed the Dichroism of the colouring-matterof the blood,to which

attention has been directed by Berzelius,Lehmann, and more

recentlyby Br"cke^ Wlien there is onlya very small quantityofthe solution of the liquorsanguinisat one's disposal,where, for

instance,onlya small blood-stain has been treated with water,all

these various reactions cannot, of course, be established. H. Rose

recommends in such a case that the small quantityof concentrated,

or not too dilute solution,be boiled,and thereafter treated with

liquorpotassa. After the phenomena justdescribed have been ob-

* Br"cke, op. cit.,recommends a stillshorter method than the above,of

exhibitingthe dichroism of the blood.

L

146 " 40. CHEMICAL EXAMINATION OF BLOOD-STAINS.

served,this alkaline fluid may be decomposed by a concentrated

solution of chlorine,upon which white flakes will become separated;

or one half of the alkaline solution may be used for this purpose,

and the other saturated with nitric acid,to obtain the whitish grey

precipitatealreadymentioned. It is often extremelydifficult to

determine the nature of stains made by blood dried upon iron

weapons, implements,"c. Vanquelin was the first to make the

observation that rust formed upon iron articles within an inhabited

house contains ammonia, and this observation has been confirmed

by Chevaher,Austin, and Boussingault.Eose from this rightlydeduces the conclusion,that the evolution of ammonia from spotsof

rust scratched off and heated,is no proofof the actual presence of

blood in them, though that may have been suspected.If the

ammonia, however, be removed by gentlyheatingthe rust in a test-

tube, the applicationof a strongerheat must produce,if blood be

present,the well-known empyreumaticsmell of charringalbuminous

bodies,and a brown, stinkingempyreumaticoilwill become deposited

on the upper and cool portionof the tube. But our doubts may be

solved in a much more certain manner by takingthe gentlyheated

iron rust and meltingit in a very small test-tube with about the

same volume of potassium,or, better still,of sodium, subsequently

treatingthe melted mass with water, and adding to the filtered

solution a small quantityof a ferruginoussolution,containingboth

the oxide and sesqui-oxide,and finally,saturatingit with nitric acid.

A largeror smaller quantityof Prussian blue remains undissolved

if blood have been present,and the colour of this compound is green

if too largea quantityof the iron solution have been used. Hose

assures us "and his testimonyis perfectlytrustworthy"

that by this

novel method blood may with certaintybe discovered in iron rust,

though onlypresent in a very small quantity.But he also points

out, that this precipitateis not only producedby the presence of

blood,but also of every nitrogenousorganicsubstance. Iron rust,

however,producedsolelyby atmosphericinfluences,is not capableof

producingsimilar phenomena.* Por the other modes of investi-gating

blood-stains,particularlyupon stuffs,vid. " 43.

* I must refer to the work itself for a descriptionof Rose's important

experiments upon the combination of the colouring-matterof the blood with

the hydratedoxide of iron, and also for an account of the means of detecting

it when the blood has soaked into a soil of garden earth rich in humus.

148 " 41. OF THE NATURE OF THE WEAPON, ETC.

generalfiglit,in whicli several are implicated^two or more may be

accused of wounding or killing;A has been armed with the

implementX, B with the weapon Tj,ho,.,and the questionis,"AVho has giventhe fatal blow Y' And, in obtainingan answer to

this,the Judge must chiefly,if not exclusively,relyupon the opinionof the medical jurist,as to which of the weapons in questionhas

inflictedthe fatal injury.I shall subjoina few of the most instruc-tive

cases, out of a largenumber of others,bearingupon these and

similar points.In general,it ismost difficultto answer the latterpartof the query :

" Whether any conclusion as to the mode in which the perpetratorhad acted,and as to his objectand bodilystrength,can be drawn

from the positionand size of the wound T' These questionsare for

ever turningup in preciselythe most importantcapitalcases of

murder and homicide,for,in the most of these,the person accused

lies with the utmost obstinacy.He has not surprisedhis victim

asleepand in bed,he has not stood over, or lain over or under him,

he has not stabbed him, but the deceased himself has run upon the

knife,which was onlypresentedin a threateningmanner, "c. The

inspectionof the direction of the wounds, their depth,breadth,

number, and comparisonwith the weapons produced,may givethe

most decided contradiction to all these statements,and has done so

againand againin very many instances in our experience,some of

the more importantof Avhich we shall by-and-byrelate. A little

practiceand experience,with proper caution,will easuyprevent any

mistake in such cases, while the absence of these indispensable

requirementsoften leads to the most extraordinarysuppositionson

the part of medical men, as I have often observed in the case of

foreignjurytrials. Caution is,however, all the more necessary,

that in such cases our opinionhas to be givenbefore a jurycom-posed

of men who frequently,and not unjustly,form and put trust in

their own opinion,as to the probablemanner in which the deed has

been perpetrated," a matter respectingwhich, in truth,in not a few

instances,non-medical peopleare fullycompetent to judge.We now proceedto relate the cases illustrativeof what we have

been sayingin this chapter.

Case LYIII. " Patal ill-treatment, ostensibly, only a box

on the eae. euptuee of the liver.

On the 25th of October, 18 "

,at midday,the inhabitants of

" 41. OF THE NATURE OF THE WEAPON, ETC. 149

B.'s house heard an umisual noise,the loud voice of an angry woman,

then the wailingsuppHcationsof a child," groaningsand thumpings" once distinctlythe words, " There wash thee !" then shrieks

again,followed by a sonnd of stertorous breathing.On forcingan

entrance, the housekeeperand her ten years^-olddaughter(justreturned from school)were found alone,the housekeepermuch

excited,and the child apparentlylifeless,her face covered with

blood and her hair dishevelled,and she did indeed die almost

immediately.The murderess asserted (tothe very last !!)that she

had given the child only a coupleof boxes on the ear, and these

over the straw-hat (!),justas she had returned from school ; upon

which the child,out of ill-nature,had flungherself on the floor,and

on beingraised had again cast herself down, and she most obdu-rately

denied the occurrence of any other ill-treatment whatever.

Traces of blood were found on the floor and on the feet of the

furniture. At the autopsy we found, besides numerous slightinjuriesto the skin,forty-sixconsiderable ecchymosesand excoria-tions,

on the head,trunk,and extremities,and, besides these,both

eyes, the nose, the lips,and both ears were of a deep blood-red

colour,and much swollen,and the nates covered with blue marks.

Nothinganormal was seen upon the abdominal coverings.The brain

was much congested,and in the middle of the lefthemispherethere

was an extravasation of blood to the amount of upwards of an

imperialdrachm, and another of upwardsof two (imperial)ounces

at the base of the brain. The cerebellum also,and all the sinuses

were much congested. The only thingremarkable in the thorax,

was the unusuallybloodless condition of the heart and lungs,and

the presence of some dark-red bloodymucus in the trachea. On

the other hand, in the abdomen we unexpectedlydiscovered the

efPusion of nearlya whole (imperial)pound of dark fluid blood,which had come from a laceration of the liver,three inches long,which had divided longitudinallythe whole substance of the liver

between the rightand left lobes. The other organs were normal.

The death was of course to be ascribed to the rupture of the liver;

but this laceration could not have occurred in a healthyliver such as

this one was, without the applicationof external violence;and

there were, moreover, onlytoo many silent witnesses of violence

to be found upon the external surface of the body. The fact,that

no external mark betrayedthe existence of this laceration,afforded

onlyfresh proofof the correctness of our views alreadygiven(page

.150 " 41. OF THE NATURE OF THE WEAPON, ETC.

109) as to the frequentoccurrence of such cases. The kind of

violence employedcould not, of course, be discovered from the

autopsy,onlyit could with perfectcertaintybe declared that a mere

box on the ear could not have killed the child in this manner.

Also,that the cerebral hsemorrhage,which was of itself sufficientto

prove fatal without any ruptureof the hver,could indubitablynot

have arisen from internal causes under the circumstances " those of

a healthychild justreturned from a walk a few minutes before her

death. It was also manifestlyimpossiblethat in (evenrepeatedly)

throwingherself on the groundthe child could not have producedthe numerous external injuriesvisible on her body (insupport of

this I may add that the ear-ringsworn by the girlon the day of her

death,were afterwards found broken to piecesand scattered over the

room !), The guiltywoman was onlycondemned to twenty years'confinement in jail.

Case LIX. " A kick on the Abdomen the pretended cause

oE Death.

While drinkingin a brandy-shop,H. and E. had a violent quarrelwith each other. Afterwards theywent togetherabout a quarterof

a mile out of the city,where E..,who was now quitedrunk, was to

have entered upon service. According to a statement subsequentlyemitted by E., he fell down here and was kicked by H. on the

abdomen; and tliisof course H. denied. About a quarterof an hour

later,the master saw E. goingabout " without observinganythingremarkable in his gait,or anythingwhich might have led him to

suppose him drunk.'' E., however, soon began to complainof

violent painsin the abdomen, and spentthe nightin the hayloftof

a neighbouringhouse, the proprietorof which regardedhim as

"very tipsy;"nevertheless,he was able at night to mount the

ladder,of six to eightsteps,leadingto the hayloft,without assist-ance,

and to descend the same in like manner the next morning. On

account of the continuance of the violent gripingpainshe was sent

to the Charite Hospital,where he arrived about noon next day.The sick reportsof this Hospitalstate that he was found suffering

from "a considerable contusion of the abdominal coverings,and,

particularly,of the abdominal organs, as evidenced by intense painin

the belly,accompaniedby tympanitis,and greatrestlessness of the

patient. Towards eveningall the symptoms were exacerbated,and.


from tlie subsequentoccurrence of vomiting,and tlie feelingoffluctuation in the abdomen, it seemed to be distinctly(??) made

out tbat rupture of some organ bad been occasioned by the violence

to which he had been subjected/'Death occurred forty-eighthours

after the time at which the violence was said to have been inflicted.

At the autopsythe onlythingvisible on the abdomen of this fifty-

years old man was the mark of recent leech bites. The whole of

the peritoneumwas, however, violentlyinflamed,thickened,andcovered with pus, and the abdominal cavitycontained about twelve

ounces of purulent matter. The largeomentum was also much

inflamed and covered with pus. The intestines and stomach seemed

onlypartiallyinflamed,and theywere partlyfirmlyadherent to the

posteriorpartof the abdomen by means of purulentexudation. In

the leftpleuralsac six fluid ounces of thin fluid blood were effused.

The lower lobe of the leftlung, and also of the rightone, M'ere in-flamed,

the latter was also adherent to the pleura.The other details

of the autopsy we omit as unimportant.In this case, as in all

similar ones, it was extremelydifficultto arrive at correct views of

its nature,and I hold it to be not irrelevant to givesomewhat at

largethe substance of our opinion.After enumeratingthe causes

which might produced^peritonitisso violent and rapidlyfatal,and

reckoningamong these,of course, such acts of violence as stampingon or kickingthe abdomen, our reportwent on as follows :" "The

usual effect of kicks and similar acts of violence,is to produce,at

least,ecchymosisof the partinjured,contusion,and a degreeof para-lysis,

with laceration of the internal organs lyingimmediatelybe-neath,

such as the Charite report assumed to exist,erroneously,

however,in this case, and these results will be all the more apparentthe more violent the assault has been. Accordingto the statement

of the deceased,the accused is described not onlyas havingkicked

him, but as havingstampedupon him when lying,with the whole

weightof his body. Generally,though exceptionsdo often oc-cur,

such an act of violence would be followed by more or less

ecchymosis; and this was all the more to be expectedin this case,

inasmuch as the violence employedwas so great as immediatelyto

produce an inflammation of the organs lyingbeneath,of so ex-tensive

a character,and which proved so rapidlyfatal. But the

inspectionof the body of the deceased broughtto lightno visible

evidence of such violence,since,as we have alreadysaid,the abdo-men

onlydisplayed' the marks of several leech bites,and no other


external trace of injury,*Tlie fact also that the steward B.^ saw

the deceased,one quarterof an hour after the supposedreceiptofthe injury,walk about unassisted,and in a manner that did not

strike him as remarkable,does,to say the least of it,presupposingthe realityof so importantan injury,evince a most unusual ex-ertion

on the part of R., and this is also shown by the proven

fact of his havingshortlythereafter ascended a ladder of from six to

eightsteps.When, thus,neither the results of the autopsy,nor the other facts

in evidence permit,with anythinglike certainty,the assumptionthat the fatal peritonitishas arisen from external injury,so on the

other hand, reasons are not wantingfor referring,with probabilityat

least,the originof the said disease to very different causes. No-thing

at all is known of the state of health of the deceased previous

to the receiptof the injury; but from this it evidentlydoes not follow

that he had not been sufferingfrom cuttingpainsin the abdomen,

diarrhoea,flyingstitches throughthe body,or tenderness of the belly,on pressure, " symptoms apparentlytriflingand often neglectedbymen of his station,but which are not rarelythe precursors or real

commencement of such an abdominal inflammation,and which,when

neglected,and still more when increased by exposure to injuriousinfluences,may readilypass into the more acute and importantdis-ease.

The latter were not, however, wanting in the case of the

deceased,and the possibleexistence of precursory symptoms is far

from beingrequiredto show i^fdprobabilityQii\h^ disease in question

havingarisen from these injuriousinfluences. That H. had inflamed

his blood and excited his nervous systembydrinkingbrandyand beer,

and quarrellingviolentlywith the accused,is not only,a priori,to be

supposed,but has been fullyproved,the landlord havingdeposedthat while with him the deceased was in a

*" tolerablyexcited condi-tion.'

Whether he were now or afterwards reallydrunk, or only

very tipsy,is not proved,the witnesses varyingas to this particular.

We layno stress upon the unvaryingstatement of the accused,

that the deceased was very drunk ; yet the witness Videnz also

states, that he was 'very tipsyand smellingstronglyof brandy,'

and,at all events,and this is aU we insist upon, we may'assume with

certainty,that his blood and nervous system were much excited by

passionand by intoxicatingdrinks (inwhich he indulgedagain at

M.) .

In this condition the deceased walked a considerable distance

to M. It is not impossible,or having regard to what we have


alreadysaid respectingthe originof the fatal disease from the pre-tended

injmy,it is not improbablethat the abdominal inflammation

may date its originfrom this time^,or that,alreadybegun,it may

now have commenced to increase. The rough usage to which he

was now exposed,as the accused himself confesses,fallingto the

earth,and beingkicked to make him rise again,"c.,could onlyact

prejudiciallyand injuriously.The deceased had by this time been

seized with painin the bowels,and in this condition he spentthe

nightlyinghelplessin a hayloft,whilst,without doubt,an inflamma-tion

had commenced, and one of such a character,too, as to require

earlyand active medical treatment in order to giveany hope of its

beingconducted to a favourable termination,and whose course is so

rapidthat neglectfor more than a whole nightcould not but be

productiveof the most detrimental influence.

While all that we have said goes to prove that a fatal peritonitis

mighthave arisen and run its course without the deceased havingbeen exposedto any unusual violence,our conclusions yet appear to

be contradicted by the sick report from the Charite Hospital.Ac-cording

to it,the examination of the patientevinced ' with respect

to the violence employed,a considerable contusion of the abdominal

coverings,2,\Aparticularlyof the abdominal organs.' The subscrib-ing

medical inspectorsregretthat so importanta pieceof evidence is

not givenwith greaterdistinctness. If by the word contusion an ecchj-

mosis is intended,then an exact descriptionof the results of the ex-amination

of the abdominal coveringswould have been desirable. The

inspectors,however, feel themselves at libertyto suppose that even

on admission into the Hospitalno trace of such an ecchymosiswas

externallyvisible,as it cannot be imaginedthat "a considerable "

ecchymosiscould entirlydisappearduring the twenty-fourhours

that the deceased remained in the Hospital,and, certainly,none

such was found at the medico-legalexamination of the body. They

are strengthenedin their supposition,that the Hospitalphysiciandid

not mean ecchymosisby the word ' contusion, because he has in

his report gone on to say,'jparticiilarlyof the abdominal organs,'

and their condition in this respectevidentlycould not be ascertained.

The rest of the reportonly givesthe symptoms of a very acute

peritonitis,and there can be no doubt as to its existence. The

anormalities found in the thorax are of littleimportance,as, besides

the completeabsence of any injurythere,the correct assumption,

accordingto all medical experience,is,that the violent peritonitis


has induced an inflammation of the contiguouspartsof the thorax.'"

Accordingly,we found that, " Though it was not impossible,yet it

was improbable,that the fatal inflammation had been producedbyexternal violence/ and judgment was givenaccordingly.Who,with a clear conscience,could have gone further,and by so doinghave declared the accused the murderer of R. ?

Case LX. " Whip-cuts and Kicks, the Nominal Cause of

Death.

A case, preciselysimilar to the foregoing,occurred a few years

later in the outskirts of Charlottenburg.On the 17th of May,18 "

,when the temperature,at noon, was

" above 20'' E. (77"F.)/'the railroad-labourer,GL, well known to be a tippler,was seen very

tipsyand staggeringacross the fleld,in which he finallylaydown ;

ten minutes later,he rose againand went into a neighbouringrye-field,where he laydown again. An hour and a-half afterwards,P.

and A. passing-by,found him lyingface upwards,and exposedtothe burning rays of the noontide sun ; his countenance seemed to

them " brownish black.^' They tried to raise him, half unconscious

as he was, but he alwaysfellback again,sometimes totteringa pace

or two, but alwaysfallingat last; under these circumstances,P. gave

him a few blows with the handle of his whip, and a few kicks,

described by several witnesses as trifling,whust one boy deposed to

six good sound blows,and several kicks in the side. They could

not, however, rouse the poor drunkard,and, at last,left him lying,coveringhis face to protect him somewhat from the sun. Shortlyafter this,a third person, Z.,found him apparentlysenseless,at first

answeringnothing,only " gruntingto himself,"and making a few

movements of his hand towards his stick,sayingat last quitedis-tinctly,

''I shall come immediately.^'Meanwhile, Gl. was not

removed, and soon after he was found dead.

Had the violence used any share in producingthis man's death ?

The face of the corpse was, at the autopsy,of a tolerablydark-red

colour, both ears and both cheeks were remarkablylivid. On

the rightarm there were several largeand small ecchymoses,from

the size of a farthingto that of a pea, on the left arm some smaller

similar patches,also numerous livid stains on the left shoulder-

blade. Por shortness' sake,I may at once state,that both at and

after the openingof the cranial cavity,an intense apoplecticcon-


same room with which theynow and then shut up the child. Tlie

following,is word for word, the evidence of the son of an acquaint-ance,

aged15, before whom a beatingwas inflicted on the evening

of the 23rd September,i.e., shortlybefore the death of the chud :

" At eight0 clock in the evening,the woman P. came to our house

to fetch her child ; when she saw it had dirtied itself,she seized it bythe arm and commanded it to stand up. When the child would not

do this,she firsthurled itfrom her about four feet towards the secre-taire,

and then kicked it so that it rolled into the middle of the room.

She then seized its head with both her hands, and knocked its

forehead at least five times on the floor;finally,she struck it

several severe blows with her fist in the neck, back, and buttocks.

The child was quitefeeble and did not cry, but onlygroaned. She

then took the child by the hand and went out saying.If you won't

walk,rU kill you outright.'''The accused,on the contrary,declared,

that she had onlygiventhe child "a few slapson its bottom,'"*and

had then gone home with it carryingit part of the way, as it was

tired. Arrived at home the child refused to eat,wherefore she gave

it another slap,this time,from oversight,not on the bottom, but on

"the left side." "I gave the child,''she said,"but one slap,yetit immediatelybeganto whimper and groan, so that I lifted it from

the floor and carried it about for some time. It was very cold,so

I soon placedit in bed, where it got quieterand quieter,and finallydied in about an hour and a-half." She swathed the body,and

placedit under the bed, in which she sleptquietly(!!) the whole

night,after tellingher husband on his return home, that she had

left the child with the acquaintancealreadymentioned. Next

morning she placedthe body in a basket,covered it with an apron,

and took it and a potato-grubberwith her, to make the peoplethink she was goingto dig potatoes,and depositedit in the placewhere it was found. On her return homewards, she hid the grubberin a strangehouse,where it was afterwards found. At the medico-legal

examination we found more than two-and-sixtylargeror smaller

ecchymoseson the head, numerous blue patcheson the extremities,

the rightside of the body and the abdomen ; internally,we found a

star-shapedfracture of the occipitalbone extendingto the foramen

magnum, so that the two halves of the bone could be moved backwards

and forwards,a fissure of the rightparietalbone, considerable

hypersemiaof the brain,and an extravasation of upwardsof twelve

drachms (imperial)of blood at the base of the brain. The medico-.


legalreporthad, accordingto the then judicialpractice,in the next

place,to determiue in what degreethe wounds were dangerousto

life. But itis of no consequence to recapitulatethis here,or to explaiu

why we declared them to be necessarilyand alwaysfatal. Then

several questionswere put respectingthe nature of the injuries,and

how theyhad been produced,in relation to the statements of the

witnesses,and that of the woman P"hlmann, and the potato-grubberfound under such suspiciouscircumstances ; and in respectto these

queriesthe reportgoes on to say :"

Althoughthe accused continues to persistin her statement, that

she gave the cliildonlyone slapon the side,yet this is wlioUyun-deserving

of credit,for it must be apparent even to nou-medical

persons, that such a blow could not fracture the bones of the skull,

but rather that this fracture of necessityimpliesthat some blunt

weapon has been broughtforciblyinto contact with the head of

the child. Any blunt body might producesuch an injury,e. g.,

either a thick stick,a wooden shoe,the back of an axe, "c.,and,

of course, also the potato-grubberwhich has been taken possessionof

by the authorities. The injuriesto the skull might also be occa-sioned

by repeatedlyknockingor hurlingthe head againstthe deal

floor of a room, againstarticles of furniture,"c. ; and we come thus

to the second questionput before us, which deserves to be carefuUyconsidered. Accordingto the above-mentioned statement of the boy

SeUheim, the prisonerhurled her cliild about four feet alongthe

floor "towards the secretaire,'^about two hours before its death," rolled and shoved it about with her foot,knocked its forehead and

side at least five times againstthe floor,and gave it several violent

blows with her fiston the neck, back and buttocks."

Although it cannot be denied,that such rough and violent usage

of so young a child mighthave killedit,by fracturingor fissuringthe

thinner bones of the skull,as the parietalbone, or squamous portion

of the temporalbone, or by producingconcussion of the brain or

extravasation of blood, yet^for the reasons alreadymentioned, M^e

cannot suppose it capableof producingsuch a fracture of the occi-pital

bone as we find here. Another importantreason also tends to

supportthe view that the fatal injurywas another and a later one,

than any of those witnessed by SeUheim; viz.,the prisonerhas con-fessed

that she partlycarried the child home, and there set it on

the floor to go and cook potatoesin the kitchen. At first,the child

being "

very discontented,"would take none of the potatoes,took


theoijhowever^ afterwards, but flung them away immediately,layingitseK down on its side after its usual fashion. And only after its

fresh chastisement is it for the first time stated to have groaned, be-come

cold, and shortlythereafter died. According to the prisoner's

own statement, therefore, the cliild had walked home, and after

all the ill-usageit had received in the Sellheim's house, had

possessedstrengthenough to sit up in the room, and sense enough

to take a potato when told to do so, and afterwards to flingit away.

Such a condition of body and mind is incompatiblewith the suppo-sition

that the various injuriesfound at the autopsy had alreadybeen

inflicted,for after that the child could not have partlywalked, partlybeen carried home, but must have speedilybecome senseless and

unable to remain upright.''Accordingly,therefore,we stated in our

report that the cranial injuriesmust be regarded as necessarilyfatal,

that they might have been produced by the potato-grubber,and that

it was not probable that they were the result of the ill-usagethe

child had received in the Sellheim's house. These views I delivered

verballyat the final hearing of the case, the prisoner still steaduy

maintainingher plea of not guilty. At this time she was sentenced

to death, and to be drawn on a sledge to the placeof execution.

She appealed,however, and made the absurd statement that she had

hitherto concealed an occurrence that might have been the cause of

the child's death;that night,after she had brought the child home,

she put the potatoes before it on a table, and set the cliild upon a

footstool that it might reach them;

while she was in the adjoining

kitchen the child fell from the footstool and died in an hour and

a-half ! It was of no avail for the Judge to represent, that it was

most improbablethat she should have purposely,and most injuriouslyfor herself,concealed t"l this time a fact of such importance,and one

which she must have known would at once have freed her from all

blame in respect to her child's death. I had also to maintain my

originalviews at the hearing of the appeal,and to rejectthis new

statement as inconsistent with the results of the autopsy. Prom

purely judicialconsiderations, however, the sentence of death was

commuted to twenty years'imprisonment in jail.


Case LXII." Patal Wound of the Head : was it caused by a

stick, by the top op a table, or by being dashed against

the flooe, ?

The followingcase, lite those succeedingit, belongsto the

categoryof those alreadyreferred to, as importantand extremelydifficultto decide,where a man in a quarrelor distui-bance getsset

upon by several at once, armed with the most various weapons, and

dies from the injuriesreceived. It becomes,then, a most importantquestionto decide wliich of all his assailants is to be looked upon

as the real author of liis death ? In such a case the evidence of

eye-witnessesis seldom of any value,as all present are generallymore or less implicated,more or less drunk, every one lies,and

the medical juristalone can clear up the case and prepare it for the

Judge'sdecision. And he,on his part,must act with the utmost

prudence,lest he cause the condemnation of an innocent person.

The host of a small tap-househad fallen out with his guests,

alreadyexcited with beer, spirits,and politics(inthe springof

1848!), and a generalrow set in, in a small room crowded with

a billiard-table,furniture,and many men, in the course of which

mine host was thrown down and beaten with sticks,bilHard-cues,"c. All I know of his subsequentillnessis,that he died after four

days,and that he was sensible onlyon the firsttwo of these. The

most importantresults of the autopsy in relation to the queriesafterwards propounded,were the following:"

S. was thirty-nine years old,and tolerablystrongly-built ; both eyes,

but particularlythe left,were intenselyecchymosed,immediatelyoverthe left orbital arch there was a crescentic,tolerablysharp-edgedwound, one inch and a-quarterlong and half a line broad,alreadybegun to heal; under the left lacln-ymalbone there was a round

sharp-edgedwound of the skin the size of a pea. The whole of the

leftupper extremitywas covered with ecchymoses.Internally,there

was considerable congestionof the pia mater ; the entire surface of

the brain,particularlythat of the righthemisphere,was covered with

yeUowish-greeupus, a similar purulentlayerwas spreadover the

under surface of the cerebellum. On the left orbital portionof the

frontal bone,there was a clot of blood weighingabout two drachms

(imp.),and immediatelybeneath it a fissure in the bone half-an-inch

in length,throughwhich a probecould reach the eyeball.The ex-


amination of the other cavities is omitted as unimportant.Besidesthe then customaryquestionas to the absolute and necessary fatalityof

the wounds, we were likewise called upon to answer the following:"

(1.)Whether any of the injuriesfound on the deceased,particu-larlywhether the fracture of the ])aTS orbitalis of the frontal bone has

been caused by blows with a stick,or by a table-top,or whether it

may not have been caused by the head beingdashed againstthe floor

or wall of the room ?

(2.)Which of the injuries,considered in the provisionalreportunder theNos. 12, 16, and 18," has been the efficientcause ofdeath,

or whether each by itselfmight have been so, or whether theyonlybecame so by their simultaneous coincidence ? In answer to the

latter of these queries,after explainingthat the circumstances of the

illness and medical treatment of S. were whollyunknown to us, we

stated,that we could not ascribe an absolute and necessarilyfatal

character to the traumatic meaingitiswhich must have existed,but

that this necessarilyfatal character must be attributed to the fracture

of the frontal bone, because its orbital portionforms part of the

base of the skull,all fissures and fractures of which are inevitablyfatal;because on the one hand, the existence of such an injurypre-supposes

the applicationof such, an amount of violence to the cra-nium

and its contents, as must be attended with concussion of the

brain,effusion of blood,or inflarmnation ; and, on the other hand, the

powers of nature, or of the medical art, are insufficient to neutralize

the consequences of such excessive violence.

In answer to the former query, our report states," The medical

inspectorsfeel themselves necessitated to replyin detail to each

separatehead of the questionput to them in respectto the weapon

with which the injuriesto the head might have been produced.The

ecchymoseson both eyes and on the left arm, are the onlyinjurieswhich can be supposedto have been producedby the blows of a stick,

althoughallof these injuriesmightequallywell have been caused byother kinds of violence,as blows from the fist,knocks, "c. The small

round openingat the left side of the nose, on the other hand, is to

be referred,with the utmost probability,rather to a push with a stick,

particularlywith the pointedferrule of one, than to any of the other

weapons enumerated. Certaintyon these pointsis,however, unat-tainable,

and does not seem requisite,since to none of these injuries

* i.e.,suppurationof the cerebrum and of the cerebellum, and the fracture

of the frontal bone.


do we impute any share in the productionof the death of the

deceased. The wound over the leftorbital arch exhibits " tolerably

sharp^""edgeSjand must, therefore,have been producedby a tolerablysharpbody,and the angleof a table-topor the corner of a wall may

be regardedas such (certainlymore so than a stick). This wound

might also have been producedby " dashingthe head againstthe

floor,"providedthere were a projectingangleof a deal board at the

part of the floor on which the head was dashed, or it might be

producedby dashingthe head againstthe corner of a wall,a sharp-angledtable-top,or foot of a b"liard table or bench. The actuallyand absolutelyfatalinjuryis indubitablyinseparablyconnected with

the wound over the left eye, and the statements as to the nature of

the weapon that may have producedthis,applyequallywell to

the productionof the internal injury.Moreover, it would require

very considerable external violence to producesuch a fracture of the

skull,and in this respectit is not likelyto have been producedmerelyby a blow of a stick,wliile blows from,or knocks againstthe

top of a table,or againstthe wall or the floor,especiallyif givenwith considerable force,most certainlycould producesuch a fracture.

In accordance with the foregoing,we gave it as our opinion:" (1.)that the fissure of the orbital plateof the frontal bone mighthave

been caused by a blow from a stick,but that more probablyit had

been occasioned by a table-top,or by dashingthe head againstthe

floor or a corner of the wall; (2.)that the fissure mentioned had

been the actual cause of death, and finally(3.),that this injurywas of such a character that it " necessarily,and under all circum-stances,

must have caused the death of a person of the same age as

the deceased."

Case LXIII. " Patal penetrating Wound op the Pace and

Head : Whether has it been produced by an Infantry or

Cavalry sabre ?

We could not, in this most peculiarcase, giveso decided an

opinionas the Judge desired. During a riot,a man, aged40, was

cut over the head by soldiers with their sabres,and five daysthere-after

died. On the leftside of the face,stretchingdownwards from the

eyebrowfor four inches,there existed a sword-cut,broughttogetherby stitches,which had alreadycommenced to heal. This cut had not

onlydivided both eyelids,but had alsolaid open the antrum Highmori.


There was also a second sword-cut over the rightparietalbone,three inches long,which had cleanlyand smoothlydivided the bone

and the cerebral meninges; there were also several zigzagfissures ofthe inner table of the skull,one pieceof which, the size of a half-penny,

was quiteloose. The veins of the "ia mater were empty,but

the entire surface,both upper and under, of the cerebrum and the

cerebellum was covered with a layerof pus, two lines in thickness." It is desirable,'^said the requisitionfrom the court-martial,re-quiring

a reasoned reportof the medico-legalexamination," that the

report should state,whether both of G.''swounds could have been

producedby one weapon, as, accordingto the testimonyof eye-witnesses,

several persons, both infantryand cavalry,are implicatedin the wounding of G." After statingin our report,as was then

required,the absolutelyfatalcharacter,not of the face-wound, but of

the sabre-cut on the head, we went on to say, in respectto the cha-racter

of the lethal weapon as follows :"

" When the court requiresthe

subscribingmedical inspectorsto state,whether both of the injuriesmentioned have been producedby the same weapon or not,theymust

reply,that theycannot answer this question.The condition of both

wounds, the sharpnessand smoothness of their edges,and their

lengthand depth,alltestifywith certaintyto their beingthe results

of blows from some sharp cuttinginstrument,but whether one

or other of the wounds has been caused by an infantryor cavalrysabre cannot be determined. And in givingthis opinion,themedical inspectorsfeel themselves called upon to state that,quiterecently,a very similar case of penetratingwound of the head had

come before them, in which theywere able to state distinctly,that

the wound had been producedby the sabre of an infantryprivate."The requisitionsent us contained also the followingstatement :"

" Several witnesses have stated that L., one of the horse-guards,gave

G. several blows on the front of his chest and abdomen, after he laystretched on the pavementbleedingfrom the wound on his head,such

blows must have left at least ecchymoticmarks, but the protocolof

the inspectionsays nothingabout any such marks of injuryupon the

body.'''To this we thus repKedin our report:"

" We have now to

remark upon that evidence,accordingto which the deceased was cut

upon the breast or bellyby a soldier,after he was stretched on the

ground. If the court means, that from such cuts ecchymoticmarks

must at least have arisen,the medical inspectorscannot confirm this

.supposition,as experienceteaches that much more importantinjuries

lot " 41. OF THE NA.TURE OF THE WEAPON, ETC.

menced at the coronal suture, and for tlie lengtliof about one inch

and a-half it gapedto the extent of one-third of an inch,coursing

onwards subsequently,as a fissure of a line'sbreadth,to the rightorbit. Prom the coronal suture another similar fracture,at right

anglesto the first,extended throughthe rightparietalbone; the

edgesof the fracture were sharpand not stained externallywith ex-

travasated blood; internally,however, for half-an-inch in breadth

theywere infiltratedwith blood, and the internal table was exten-sively

split,five piecesof itlyingloose upon the dura mater. The

cranial bones were of the usual thickness. All the cerebral meninges

were cleanlydivided oppositethe external wound, and the brain

itself protruded,brown and bloody,from between their edges. A

more minute examination discovered a wound of the brain itself(itscortical substance only)one inch and a-half long. Both the upper

and under surfaces of the brain were covered with a layerof sangui-

nolo-purulentichor. The fissure of the frontal bone extended one

inch internallyalongits orbital plate.In such a case it was of

course easy to determine the facts connected with the death. As to

the weapons employedin producingsuch a wound, the legaldocu-ments

mentioned both the side-arms of the pohce and also an axe.

We stated,that a sharp axe could indeed cleanlyand sharplydivide the cranial bones, but that, generally,many more co-existing

fissures and even fractures would be found than in this

case, whilst universal experienceprovedthat a cut with a sharpsabre could divide the skull cleanlyand sharplyinto the very

brain, and often did so ; wherefore,we aifirmed,that " it was

much more probablethat this wound had been occasioned by a

sabre than by an axe."

Case LXV. "Patal Wound of the Thoeax feom a blow with

A SCYTHE.

This case presentedno judicialdifficulties,at leastaccordingto the

presentstate of our criminal code,but was rare and interestingfrom

the peculiarnature of the lethal weapon. A quarrelhad arisen

between some relatives" field-labourers" who were drunk, and it

ended by A. seizinga scythelyingon the ground,and givingB. a

cut on the rightside with it. What happenedimmediatelyafter the

receiptof this frightfulinjury,or how long the wounded person

survived it is to us quiteunknown. A very considerable bed-sore.


however,found upon the body betokened an illness of considerable

duration. A wound eightinches long,with clean cut edges,beganatthe lowest false ribs on the rightside,and extended upwardstowardsthe vertebral spinousprocesses ; itsedgeshad been broughttogetherby sutures and were partlyadherent and united between the eleventh

and twelfth ribs to the extent of about three inches only;it had cut

throughthe intercostal muscles,and apparentlyopenedthe thorax ;

and this was found to be the case on inspectingthe interior of that

cavitysubsequently.The lung was uninjured,but death had been

the result of traumatic pneumonia. The rightlung was for one line

in depthcovered with a layerof thick pus, and in its middle lobe

there was a purulentcavity(abscess)nearlythe size of a child's

head ; all the rest of its tissue was in a state of grey hepatization.The leftlung exhibited red hepatization,but no suppuration.The

littleblood leftin the (right)heart,and in the vena cava was dirty-red,decomposed,half fluid,half grumous. The rest of the dissection

was rendered all the less importantby the advanced state of decom-position

(from the heat of summer) which the body had alreadyattained. The connection of the fatal pneumonia with the pene-trating

wound of the thorax,and the consequent lethalityof tliis

wound, was of course easilydemonstrated. At the trial I had,

in answer to a query, to make the simplededuction that the existence

of the wound on the rightside provedthat the perpetratorhad stood

behind the deceased when he struck him. (The culprit,on account

of the mitigatingcircumstance of havingbeen drunk at the time of

the perpetrationof the deed,was onlysentenced to two years'im-prisonment.)

Case LXYI."

^Tatal Cerebral Hjemorrhage : Has it been caused

by a fall, or by kicks and other acts of violence?

This most interestingcase could not be with any certaintydecided

by the results of the autopsy.One January,two very drunken men "

K. and a coachman M."

fella-quarrelling; very shortlyafter M., ac-cording

to the statement of the accused,K., had fallen upon the

kerbstone and hurt his head severely,in fact,his head was seen to be

bleeding.Immediatelyafter this,the quarrelarose in which K.

belaboured M. on the head with his fists,as two witnesses declared

on oath,and also pitchedhim down-stairs so violentlythat the noise of

his faR was distinctlyheard ; and on his againcomingup, flunghim


down again,kicked liim with the heel of his boot upon the head and

loins,and finally,struck him with a boot-tree in the loins or side !

The subjectof tliisill-treatment very soon fellapparentlyfast asleep,

was carried to the Charite Hospital,and died there on the tenth day

after the receiptof the injuries.The body had an icteric hue. On

the left parietalbone there was a healingwound, half-an-inch long

and with drysharpedges; beneath each eye there was a crescentic

ecchymosedspot three-quartersof an inch long; no other external

mark of injury.The cranial bones were uninjured,but on removingthem three or four ounces of dark fluid blood flowed out. The dura

mater over the whole leftside of the head was of a bluish-red colour,

therebyevincingthat there was an extravasation beneath it,which,in

fact,as a dark clot of about two ounces (imp.)in weightcovered the

whole of the left cerebral hemisphere.In the substance of the

pons Varolii there was a second extravasation the size of a bean,and

a third one was spreadas a clot,one line thick,over the whole of the

"

base of the brain. The cerebellum and the veins of the pia mater

were much congested.The other results of the investigationwere un-important.

It was evidentlyeasy from the results of such an autopsyto

establish incontrovertiblythe fact of the homicide, "but," as we

stated in our report," it is not so easy to determine incontrovertiblythe weapon with which the injurieshave been inflicted. The blows

from the fist testified to by the witnesses explainthe ecchymosed

eyes in the most simplemanner. The small external wounds, and the

internal cranial injuriescould not be referred simply to blows

from the fists; the first,because such blows do not divide the skin

with "clean-cut edges,"the second, because such blows are not

competentof themselves to producerupture of intra-cranial vessels.

One or more kicks,such as a very drunken person mightgivewith a

strong boot-heel to one lyingbeneath him, might have producedboth of these injuries,particularlyif the heel were shod with iron or

nails. But these injuriesmighthave been equallyreadilyproduced

by a drunken man, such as M. unquestionablywas at the time,beingrepeatedlythrown down, such a man alwaysfalHngheavilyupon his

head, and these injuriesmight stiU more easilyhave arisen if he had

been actuallythrown down a stair,and had m fallingstruck his head

upon it; but in respectto the truth of this lattersupposition,no cer-tainty

can be attained." The circumstances of the case did not

permitof any more decisive opinionbeinggiven.


Case LXVII. "^Fatal Wound of the Livee " by a sabee or

BAYONET ?

This case was not doubtful. In a conflictbetween the armed

corps of workingengineersand the citymilitia in front of the then

"National Assembly''Hall on the nightof the 31st October,1848,

one of the former corps had been wounded by one of the latter,and

died in a short time. In the hepaticregionwe found a wound three

inches long by two wide,with clean-cut ecchymosededges,out of

which a loop of the ileuin protruded.Coagulaof blood to the

amount of one poundcovered the omentum and mesentery,and eightounces of flaid blood were effused into the cavityof the abdomen.

At the edgeof the rightlobe of the liver there was a sharp-edgedwound two inches deep. A doubt arose as to which side had giventhe wound. On the one hand itwas allegedthat the deceased had met

his death by a chance bayonetwound from his own comrades,whilst

the latter asserted,that the leader of the citymilitia had cut him

down with his sabre. The state of the wound was so decidedlyin

favour of itshavingbeen inflictedby a sabre,and againstits havingbeen a bayonet-thrust,that there could be no hesitation as to the

opinionto be given.

Case LXYIII."

^Tatal Injury to the Abdomen, apparently

PROM A bayonet-thrust.

Here also the questionwas about a bayonet-thrust.But in this

case, we had to decide accordingto the statutorydefinition,whether

the weapon producedcotdd have occasioned the injury? and this we

were obligedto deny,though appearances were much in favour of it.

The case was a rare one, and quitepeculiar.In a cold winter night,a drunken vagabondwas arrested by two grenadiers.On the way

he escapedfrom them and ran off,but soon fellupon the slipperystreet with such violence,that his fallwas heard some distance off;he quicklypickedhimself up, however, and was justabout to make

off again,when one of the soldiers flunghis musket at him bayonetfirst;this struck the runaway and stoppedhis career. He was

caught,but speedilybecame unable to stand upright,or walk a step

farther,so that he had to be carried to the station-house,which was

not far off,and there he expiredimmediatelyafter his admission. The


most importantresults of the autopsywere the following: between

the eleventh and twelfth ribs on the left side,five inches from the

vertebral column there was a triangularwound, each side of which

was tliree-quartersof an inch long;it had clean-cut,feeblyecchy-mosed edges,and was filledwith dried blood. The abdominal cover-ings

were uncommonly fat. The posteriorwall of the peritoneumwas entirely,and its duplicaturespartly,infiltratedwith dark half-

coagulatedblood, whose source could not be discovered. In the

abdominal cavitythere were fullythree ounces of bloodyserum.

The bayonet-woundexternallyhad not, however, penetratedthe

abdomen, but had terminated in the fat of the abominal coverings,in which for about half-an-inch around the wound tliere was an

infiltrationof black blood,partlyfluid,partlycoagulated.Nothingelse was found in any way remarkable,or bearingupon the cause of

death,if we excepta considerable congestionof the cerebral veins,

and the vessels of the plexus choroidalis (and the pathologicallyinterestingdiscoveryof a completeadhesion of the heart with the

pericardium,so that at no part could they be separated).Thedeceased had consequentlydied from hseraorrhageinto the abdomen ;

but this had not been caused by the bayonet-stab,since it had not

penetratedthe abdomen, nor touched any vascular internal organ,

nor any blood-vessel. On the contrary,the cause of the haemorrhagemust rather be soughtfor in the fall which L. had sustained on the

street pavement,justshortlybefore the receiptof the wound. That the

drunken man had had a most violent fallwas sufficientlyprovedbythe evidence,and the concussion of this violent fallmust be regardedas the cause of the ruptureof a blood-vessel,from which the hsemor-

rhage,we added,must have taken placeslowly,as it had time to

infiltrateso largean amount of muscular and cellular tissue,whilst

in a case of rapidinternal haemorrhage,the results of the autopsywould have been quitedifferent,and therefore the deceased might

very probablyhave been able,immediatelyafter the fallwhich had

rupturedthe vessel,to springup and run a few stepsfurther,tillthe

blow and the impedimentto his motions from the gun hanginginhis clothes broughthim to a stand still; now, however,the continu-ance

of the internal haemorrhagecaused him to fall down, and its

fatal effectsbecame visible. " However probable,therefore,it may

appear upon a superficialview of the matter, and preciselybecausethe man very soon after receivingthe wound felldown and died,that

there is a causal connection of the injurywith the death,yet this


liasbeen by no means tbe case, but a man alreadydeath- struck from

anotber cause, has received an inconsiderable wound, one which

under other circumstances might have been, as similar wounds very

often are, productiveof no injuryto life."

Case LXIX." Fatal Wound of the Inter-osseous A"tery : Has

IT been produced by a piece op zinc plate, or by a knife ?

Examination of the knife for blood-stains.

In this case, which was alike interestingin a surgicaland in a

forensic pointof view,it was important,for the judicialinvestigationof the intention of the accused,to ascertain with what weapon the

injuryhad been inflicted. "We did not hesitate to deliver a negativebut certain opinion,not beingable to giveas certain a positiveone.The difiicultiesoffered by the case, from the need there then was of

correctlyansweringthe judicialquestionsregardingthe lethal cha-racter

of the wound, "c.,would not exist to complicatethe case in

the presentstate of the criminal code. On the eveningof the 20th

of December,two bedfellows had a scuffletogether,and one of them,

a strong healthyman, aged 33, was so severelywounded that the

blood instantlystreamed from his left arm. After the lapseof an

hour a physiciancame, who sent him to the Charite Hospital,wherehe arrived in a very feeble condition,and complainingof cold and

anxiety;afterapplyinga tourniquet,the followingparticularswere re-marked

: On the upper partof the arm there was a longitudinalwound

three-quartersof an inch long,four lines broad,and a quarterof an

inch deep,from which onlyvenous blood came. (2.)Beneath this a

superficialskin-woand. (3.)In the flexure of the elbow-jointat the

pointof insertion of the bicepsmuscle,there was a triangularwoundwith its edgesturned inwards,and which penetratedto the depthofabout one inch ; on slackeningthe tourniquet,arterialblood flowed

from this wound. (4.)On the external side of the upper part of the

arm a triflingskin-wound. (5.)In the cardiac regiontwo slightscratches,probablycaused by the slippingof the instrument from

the arm. Eetainingthe tourniquet,the edgesof the wound were

broughttogether(by a bandage)and a bladder of ice laid over it.

On the 23rd, the patientcomplainedof violent painin the arm. The

whole of the bandage,"c., was removed, arterialhaemorrhageimme-diately

recurred,and,"the clinical report states " "as the artery

could not be successfullytied,from the depthof the wound, the only


means leftof savingthe patientwas to tie the brachial artery,'^which

was successfullyand "comparativelyrapidly"carried out at the

middle of the arm^ at the internal edgeof the biceps.The patientre-ceived

phosphoricacid internally,and a bladder of ice was laid over the

operationwound. During the two next daysthere was no unpleasant

symptoms. On the 26thj when the bandagewas taken oif,arterial

hsemorrhageto a small amount againrecurred from the lower wound,

but it was easilyarrested bycompresssion." The wounds themselves

were ill-coloured,their secretion thin and ichorous,the patientfelt

feeble and depressed,his intellect was somewhat confused,and his

pulsevery frequent,the edgesof the operationwound had assumed

a bluish colour,and this rapidlyspread,till the neighbouringskin

to about the size of the palm of the hand was gangrenous."The

wound was now dressed with pyrohgneousacid,lotions of aromatic

herbs and vinegarwere employed,and aromatic fomentations laid

over the arm." The patient^scondition remained very precarious,

his strengthhad rapidlydiminished,his countenance was collapsed,his pulse very frequent,,110 in the morning,and 128 in the

evening." In the beginningof Januaryhis condition improvedtill

the 10th, when he began to complainof abdominal pain(opiatefriction,poultices,andDover^s powderwere prescribed).During the

nighta violent diarrhcea set in,which rapidlyincreased in spiteofthe use of opium (1scrupleto 6 oz. of decoction of althaea).The fever

increased,the patient'sstrengthdecreased,and a bed-sore began to

form. "On the 11th of January,a short drycough set in,which

did not, however, trouble the patientmuch." The feet became

cedematous,the cough and diarrhoea persisted.On the 14th, the

patientbecame unconscious,and on the 15tli of Januaryhe died

(justtwenty-sixdaysafter the receiptof the wound).The followingwere the more importantresults of the autopsy:"

The body was much wasted,its inferior extremities cedematous,there

was a bed-sore upon it,and the entire inner side of the left arm was

bared of its skin,so that muscles and tendons were distinctlyseen

bathed in unhealthypus. All the earlier wounds were healed with

smooth edges,except that at the bend of the left elbow there still

remained a wound one-third of an inch wide with obtuse edges,which had been originallyclean-cuti (Thecondition of the edgeswas

important,as we shall by-and-bysee.) Within the cranium, the

absence of blood was the onlytilingremarkable. The leftlung was

cedematous,the rightin a state of grey hepatization,and itspleurawas

172 "41. OF THE NATURE OF THE WEAPON, ETC.

blood then scaled off,leavingthe metallic surface quitebrightand

clean ; a greaterdegreeof heat caused the blood to carbonise,and

producedthe peculiarsmell of burninganimal- matter. But the

stains upon the suspectedknife did not scale off on beingheated,but on the applicationof a greaterheat became carbonised,with

exactlysimilar attendant phenomena. Prom this it was seen to be

probable,that there was no recent blood upon the blade,but that an

animal substance was mingledwith the rust,which mightbe putre-fiedblood. The knife was now placedin a narrow cylinderof glass

filledwith distiUed water. No sanguineouscoloration of the water

took place,but after twenty-fourhours,a reddish-brown powderhad

been deposited,and this was separatedby filtration. The filtered

fluid gave no trace of iron nor of animal albumen. The reddish-

brown powder was recognisedas rust of iron by beingdissolved in

muriatic acid and the solution tested by ammonia, ferrocyanideof

potassiumand tincture of galls.The appearance of the knife

was not materiallyaltered by its beingput into the water, and the

stains were not visiblydiminished. After the knife was dry,a

little pure muriatic acid was pouredupon one side of it,the stains

immediatelydisappeared,and the brightsurface of the metal became

at once visible,the solution formed was one of oxide of iron in muri-atic

acid. In accordance with these experimentswe decided,that

the knife had probablybeen stained with blood,but that certaintyon this pointwas unattainable after the lapseof so long a time.

All our views on tliiscase were adoptedin both the judicialcourts,and the accused was sentenced to eighteenmonths^ imprisonmentwith hard labour.

Having giventhe foregoingcases in illustration of the judicial

query :"Whether certain weapons could have producedcertain in-juries

? we shall now proceedto lay before the reader the few

followingcases, "selected importantcapitalcases of murder and

homicide," in illustration of the much more importantjudicialqueryrespectingthe mode in which the perpetratorhad acted,the positionin which he,or the murdered person, must have been at the time the

injurywas committed, "c. It will then become apparent how im-portant

in such cases, how momentous for the accused,how instruc-tive

for the Judge,the opinionof the medical juristmay be, and

how much, therefore,he must strive to givethe most careful con-sideration

to every circumstance that may become explanatory,however triflingit may appear.

" 41. MODE IN WHICH WEAPON HAS BEEN EMPLOYED. 173

Case LXX. " Fatal smashing of the Skull with repeated

,BLOWS OF A HAMMER. In WHAT MANNER HAS THE MURDER

BEEN COMMITTED ?

On the 23rd of March, 18 "

,the tinsmith Bontoux^who keptan

open shopfor tin goods,was found Ijingmurdered on the floor of the

kitchen of his own house which adjoinedhis shop,and was on the

groundfloor.Like allsuch scenes, it was a horrible sight.The mur-dered

man had apparentlyheard as it were the sound of thieves break-ing

into his dwellingduringthe (brightmoonlight)night,and sprung

hastilyout of bed, for the chair in front of it layovertm-ued,and run

into the front room in his night-dress.What followed,as weU as who

was the murderer,was of course whollyunknown on the morningof

the discoveryof the body. The murderer,however,was, by means of a

most skilfulinvestigation,detected on the followingday,in the person

of one L"cke, a journeymansmith ; and I may at once mention, that

he had set up a most consistent pleain defence of himself,inasmuch

as he confessed the burglary,but asserted,that he had been attacked

by the person robbed,and had killed him in self-defence. The body

was when found clad in a night-jacket,shirt,drawers,and stockings,all of which articlesof clothing,except the soles of the stockings,were soiled with blood. Beneath the head of the body there was a

very largepoolof blood,and about two feet from it a second,and

between these no connection,not even of the faintest character

could be traced. In the kitchen,the walls,utensils and door,"c.,

were much besprinkledwith blood. It was both kitchen and work-shop,

and the walls were hung with many implementsof a tinsmith's

art ; at the feet of the corpse there were two iron hammers, on the

threshold of the kitchen a third, and in the shop a fourth aU

more or less soiled with recent blood. At the autopsy,twenty

wounds were found, on the head, face,and neck, and besides these,

sixty-fourecchymoses,abrasions of the skin,"c.,were found on the

trunk and extremities ! The most importantdiscoveries internally,were : completesmashinginto many piecesof the lefttemporalbone,

and of the greatwing of the sphenoidbone ; comminuted fracture of

the rightorbital plateof the frontal bone ; the lambdoidal suture on

the left side was openedup, four wounds penetratedthe brain and

its membranes on the leftside,accompaniedby an effusion of dark,

coagulatedblood ; the base of the skull was fissured across from the

174 " 41. MODE IN WHICH WEAPON HAS BEEN EMPLOYED.

fractured wing of the sphenoidto the sella turcica,and the generallyansemic state of the body was most remarkable. The medical in-spectors

were requiredto answer in their report,ten questionspro-pounded

with the view of discovering-the mode in which the murder

had been committed,takinginto consideration both the results of

the autopsyand the declaration of the perpetrator," a task verily,as

we shall see, not without its difficulties. In our reportwe stated :

" There lie before us at presentthe minutes of two precognitions.At the firstprecognitionthe accused deponed,' After I had steppedinto the kitchen,I removed a small desk from the shopadjoining,placedit on the floor of the kitchen,and broke it up, without finding

any money in it. I now went into his bedroom, in which Bontoux

was lyingsnoringin liisbed, and there took money both out of a

table-drawer,and also out of a pocket-book("2.5s. in ail),and then

left the bedroom, B. seeming still to be asleep; but I had scarcelyreached the shop,when B. followingme, seized me by the shoulders

and threw me down, strugglingwith me for some time on the floor.

At last,I tore myselfaway and fled to the kitchen,intendingthus to

leave the house,but B. followed me, and seized me by the neck.

Betwixt the kitchen-door,the fireplace,and the desk,we struggledfor some time and fellat last togetheron the floor,sometimes B. and

sometimes I was uppermost ; once, when I got above him, I seized a

hammer lyingnear the window, and with it struck Bontoux five or

six times on the head,who thereuponbeganto shriek and to call for

help,stillseekingto detain me. After a struggleof about half-an-

hour I tore myselfaway from B., threw the hammer away in the

kitchen,and rushed into the bedroom, to strike a lightand see how

I could get out of the house. I wipedmy bloodyhands on a towel

in the bedroom, struck a lightand went with it into the front room.

As I passedthe kitchen,I looked in,and observed that B. had got

up and was standingclose to the kitchen-door,liis face was very

bloody,and he was callingfor help.''" After this,the accused states,

that he went into the front room and escapedout at the window "

on which distinct stains of blood were found. Of the four blood-stained

hammers producedhe recognisedonlyone as that used byhim, asserting," I have not used any other weapon in my strugglewith B., I have struck with onlyone hammer.''^

"At the second precognitionof L"cke, his statements deviated

very materiallyfrom those justrelated as havingbeen made at first.

It is particularlyimportantfor us that he now states,after relating

" 41. MODE IN WHICH WEAPON HAS BEEN ExMPLOYED. 175

the strugglein the kitchen,that he seized the hammer from the

window whilst lying'under B.,who held me fast by the neck,I took

itin my righthand and struck upwards,perhapstwice,on B/s head,

who then loosed his hold and stood upright,saying,^ Til catch you

again immediately/I then sprang up and fled,but was againseized and held fast by B.,who stood with liisback againstthe door.

Whilst standinghere,I gave B. four or six blows on the head, and

the blows fell with a thump. I did not count the blows, there

may have been more than six. I now tore myselfaway, and I do

not know whether B. remained standingor fell.''" The depositionnow proceedsexactlyas at the firstprecognition,deviatingonlyin

so far as he now states,that on passingthe kitchen he saw B. stand-ing

upright,but he did not cry ; whilst in the course of the same

precognitionhe againasserted the contrary,and repliedto the repre-sentation

that this could not have been possible,that it was not very

loud,but in a kind of whisper. On being accused of havingtakentwo pocket-handkercliiefsbesides the money, a fact he had concealed,he confessed the robbery,and repeated,that his sole objectwas to get

away from B., and that he did not intend to kill him. Having now,

firstof all,to determine the cause of Bontoux^s death,we may state,

that it is so evident that the cranial injurieshave been the cause,

that even the most ignorantperson cannot for one instant doubt it.

Since not onlywas there no other cause found in the body,not even,

as we have expresslystated,the signsof an accidental strangulation,as the extremelybloodless state of the lungs,heart,and largeblood-vessels,

and the normal condition of the larynxand trachea suf-ficiently

testified,but the protocolof the autopsy enumerates no

fewer than twentywounds of the head and neck,some of which, as

the dissection proved,were connected with the most importantinter-nal

injuries.In particular,the whole left of the cranial bones was

completelyshattered,so that the bones forming the base of the

cranium were fractured and fissured by the smashing,and finally,the

suture connectingthe occipitalbone with the others (thelambdoidal),

was broken up. Such a shatteringof the cranial bones must of

necessity,and under every possiblecircumstance,produceso violent a

concussion of the brain and disturbance of itsorganiclifeas to be of

necessityfollowed by death,and that so rapidly,that its advent must

be reckoned by minutes,or at the latest,by hours. Givingdue con-sideration,

therefore,to the numerous other injuriesof the head,weassumed in our summary opinion,and this view we herebyrepeat


and ratify,viz.,(1.)"that Bontoux's death was inevitablydue to the

cranial injuries;(2.)that he" (and this we were expresslyasked)" could scarcelyhave lived above an hour after receivingthe most

importantinjuries."In our summary opinionwe also stated,that the

injuriesto the head,face,and neck, mightvery probablyhave been

producedby the heavyhammers therein described. Now, the ac-cused,

in his so-called "

open confession,"in which,however,he has,

as we shall show, deviated widelyfrom the truth,has acknowledged

havingmade use of one of these hammers, whilst he has in realitymade use of several of them repeatedly,and in uotorious contradic-tion

with the pretendedself-defence in which he allegesthe murder

to have been committed. The appearance of both the hammers and

of the body speaksagainsthim. On several of the hammers we

find not onlya sprinklingof blood as L"cke states,but largeand

true blood-stains,particularlyround the edges,which could not have

arisen from a chance sprinkling,whilst the edgesof the wounds on

the body are partlysharpand partlyrounded,therebyevidentlyde-noting

the previoususe of more than one weapon, a suppositionfurther supportedby the fact which we shall prove, that these various

wounds must have been producedat different times. The accused

says, that he flung the hammer away after havingstruck with it.

Certainly,there was one blood-stained hammer found on the thres-hold

of the kitchen,another also,blood-stained,stul further from the

body on the shop-table,and two other bloodyones were found lyingat the feet of the corpse. This also tellsagainstthe accused,and in

favour of our supposition,for it is not to be supposedthat these

hammers " independentof their blood-stains alreadymentioned "

should be by chance lyingin all these various spots,while au the

other tools hung in proper order on the wall. Whilst, if we sup-pose

the positionand appearance of the hammers to have been

caused by the murdered man making use of them againstthe

accused,as the latter givesto understand,by statingthat Bontoux

had,whilst wrestlingwith him, somethinghard and heavyin his hand,

with which L. particularlystates he was struck on the shoulder,this

suppositionis completelydisprovedby the examination of L"cke's

body, which took placeon the 24th of March, the dayfollowingthe commission of the deed,when I,Casper,one of the subscribers

of tliis report, found no trace of hammer blows upon it. The

statement made by L"cke at the second precognitionin regardto this,viz.,that the mark of the blow upon the shoulder was


no longervisiblebecause lie had been clothed at the time of its

receipt^is untenable since his clothes could not have so lessened

the effectsof a blow from a heavyhammer " ^no lightblow certainly,but givenwith allthe despairof a man strugglingfor his life" so

much as to make it perfectlyinvisible after the lapseof onlyabout

thirtyhours. Moreover,supposingL.'s statement true,there must

have existed a difficultyof moving the whole left upper extremity;but this was not observed at the examination on the 24th, the

accused having clothed himself without assistance,never havingmentioned its existence,and not even simulated it. Prom all that

we have justrecited we conclude : (3.)That L"che has made use

of several hammers to completethe deed."

" After we had shown with what the wounds had been inflicted,

the next and most importantpointwas to discover in what order of

time theyhad been produced. Accordingto the statement of the

accused,the fightlasted for haK an hour ; itis,however,quiteim-possible

either to denyor confirm this statement,but this is unim-portant,

as it can with certaintybe provedthat the struggledid last

a considerable time. For the innumerable injurieson the body are

divided into three classes" slight,serious and of themselves danger-ousto life,and absolutelylethal. To the first class belongthose

numerous marks described in the protocolof the autopsyas blue,brownish-blue ecchymosedpatchesover the whole of the limbs,wliich

have indubitablybeen caused byblows,falls,and knocks againsthard

bodies ; these injuriesmay not have been received firstin the order

of time,but theywere certainlynot last,these beingmuch more pro-bably

the absolutelyfatal injuriesalreadydetailed ; and we must re-peat,

what we have alreadystated in answer to queriesput to us, that

the deceased afterthe receiptof such injuriescould no longerhave been

able to stand v/pright,to stand orwalJc,could not therefore anymore have

fallen or been knocked down, "c.,but must have lain death-struck.

On the other hand,this cannot be asserted with the same incontrover-tible

certaintyof those injuriestermed by us severe and dangerousto

life,in respectto which experienceteaches us that theyare not incom-patible

with the duration of lifefor some time,nor with the continu-ance

of consciousness,though that may be somewhat obscured.

Amongst these injurieswe include those existingover the frontalbone,about the root ofthe nose, upon the loioerjaw and the lefteye,these injuries,and thesealone,displayedecchymoses,affordingtherebya certain proofthat life must have been prolongedfor some time

N

178 "41. MODE IN WHICH WEAPON HAS BEEN EMPLOYED.

after their receipt.By these details we are forced to believe (5.)that

Bontoux was probablyat firstrepeatedlystruck,knocked about and

thrown down; (6.)that he was then struck with a hammer in the fore-head

and face,and last ofall,while he yet lived and had againraised

himself to his feet (7.),that the worst and most fatalblows were then

struck upon the posteriorpart of the left side of the head. The

very remarkable discoveryof two separatepoolsof blood in the

kitchen in which the body Avas found is completelyin unison with

this supposition,but this pointwe do not now requireto enter upon.

If we now inquireas to the manner in which the strugglehas been

carried out,we shall find that the accused,instead of making an"

open

confesssion,^'has onlyfabricated a lie. And this is provedby the

completecontradiction between his firstand second statements,which

onlyagree in differingfrom the results of the autopsy,and in no

other point. Accordingto his second statement,he layunder Bon-toux

when he gave him the first (two)blows on the head. It is

evident these could not have been the blows upon the forehead and

face ! Previous to the autopsyit would have been difficult for any

one to understand how one person lyingbeneath another could strike

that other on the back of the head, where one of the fatal injuries

was found. After the autopsysuch a suppositionwas perfectlyinad-missible.

For, besides that even a strongman, a journeymansmith,accustomed to use the hammer, could not in such a positionpossessthe power to inflictso violent a blow as would break open the lamb-

doidal suture,a feat which requiresthe exertion of considerable power

and a full swing of the hammer ; the accused proceedsin his further

statement to give himself the lie when he deposes,that Bontoux

after these firstblows (whichcould not have been those inflictedon the

forehead and face),said these words " "I shall catch you againim-mediately,"

stood upright,and, stillstanding,seized liim again bythe breast and held him fast. It is impossiblefor any one to have so

acted,whose skull had been fractured as his had been, because the

force necessary to producethis fracture must have occasioned such a

concussion of the brain as must have instantaneouslydeprivedthe

wounded man ahke of consciousness and of the power of moving.

We must therefore conclude (8.)that Liiche could not have been lying

under Bontoux when he gave him the firstblows on the head. The

accused,however,confesses at his second precognition,that after B.

had risen from the firstblows and seized him afresh,he struck liim

four " six blows upon the head. " Bontoux" says he, " stood with


alreadylyingdeath-struch on the ground,received in this positionthe

final and fatal blow referred to. After the explicitstatement we have

justmade^ we consider it quiteunnecessary to pay any attention to

the further statement made by the prisoner,that,as he fled he saw

Boutoux standingijithe kitchen,or to inquirewhether B. called for

help or did not call for help,or called onlyin a low voice"

for in

tliis way he contradicts himself;for we fear no contradiction to

our positiveassertion,that itisutterlyimpossiblefor any man, havingreceived such injuriesof the skull and brain,and havinglost so much

blood as the deceased was found to have done, within a short time

thereafter to be able to stand upright,or call for help, and conse-quently

to possess completeconsciousness/^

On the other liand,we feel bound to make the followingstate-ment

:"

The foregoingnarrative,particularlyin regardto the bruise marks,

"c., on the body,fullyprove that a strugglehas taken place.

That Bontoux defended himself is proved by the marks found by

me, Casper,on the body of L"cke on the 24th of March" viz.,nail

marks behind both ears, a few scratches on the left eye, injuryof all

the knuckles on the righthand and of the rightthumb, accordingto

the allegationsof L"cke ;but these are onlyso far probable,the

injuryto the knuckles is certainlyto be referred to some former

scuffle;L. alleges,however, that all the other triflinginjurieswere

given him by Bontoux, and he states that the injuryto the right

thumb was caused from a bite by B., hut the wound has no such

appearance. We assent, however, to the fact that there was a

struggle. But I, Casper,have not found any proof that during that

struggle,L"cke has ever been thrown to the ground, not even one

ecchymosis,"c., on the face,head and rest of the body,such as was

to be expected after repeatedfalls and throws, and such as did,in-deed,

exist in countless numbers on the body of Bontoux, and ought

to have been visible on the body of L"cke, examined as he was so

shortlyafter the commission of the deed. Prom this we are justified

in concludingthat Lucke, powerful,prepared,and wide awake, has

alwaysmaintained the upper hand in his strugglewith Bontoux, less

powerful,unprepared,and justawakened out of deepsleep."L"cke steadfastlymaintained his plea,and I my opinion,at his

trial. He was condemned to death,and executed.


Case LXXI. " Commust"ted Eeacture of the Squamous and

Pethous Portions of the Eight Temporal Bone^ and op the

Lower Jaw. What has been the position of the murdered

MAN?

The followingcase of robberyand murder was not less importantthan the precedingand attracted universal attention at Berlin not

more from the horrible atrocityof the crime,than from the very

remarkable verdict of the jury. On Sunday,the 16th November,

18 "

,Willielm Haube, aged 18, apprenticeto the tailor Nolte,

havingspentthe afternoon and eveningin amusement abroad,and

havingoverstayedhis leave of absence,was admitted on his return byhis master^s housekeeper,with threats that he would be well beaten

next morning; the other members of the family,viz.,the master, now

murdered, and his daughter,were alreadyin bed. The accused beganto reflect on his position; his debts came also into his remembrance ;

he did not lie down, but made up his mind to carry out a resolution

formerlyentertained,of emigratingto America, equallysuddenly

resolvingto get the money necessary for tliisby robbinghis master,

with whom he had liitherto been on a most friendlyfooting,and who

had alv^'aystreated him most kindly. With this intent,towards

midnight,he shppedquietlyinto the room in which his master slept

upon a sofa-bed,and in which also stood the secretaire; he took the

key of this out of his master^s morning-coat,which lay over his

couch, and commenced to rob,when his master made a movement.

He shi'unk back terrified to his bedroom, and sat down upon his

bedj to await his master^s sounder sleep. About half-pasttwo in

the morninghe stoppedthe pendulum of the wall clock in his room,

and againwent into the bedroom, but this time armed with an axe,

taken from the adjoiningkitchen,"to defend himself againsthis

master,'in case this should be necessary. Again,at the commence-ment

of his robbery,he was startled by the voice of his wakingmaster, calling," Who 's there ?" " Now," says he, at the precog-nition

on the 20th November, with which the others agree tolerably,"

now I went rapidlyup to the head of the sofa-bed,and struck,

rapidly,one after the other,two or three blows with the axe in the

dark towards the white figurethat sat uprightin the bed. Mymaster called out aloud, ' Oh, God ! oh, God !' and then with a

louder voice,' Lord Jesus ! Lord Jesus V After the blows from the


axe liehad fallen down, and liad again raised himself; and as he

called ' Lord Jesus !'

so loud,I believed he might get up, and I

should be lost.''''He, therefore,quicklybroughtan ordinarytable-

tnife,and commenced to stab liis master, the latter meanwhile,

endeavouring,as stated at the time of the examination,to wrest the

knife from him. "With both hands he seized my left hand" " we

may here mention that the accused is left-handed "

" drew me towards

himself on the bed, and scratched my hand with his nails,'the

traces of which were quitevisible on the back of Haube's hand at

his examination. After his fatally-woundedmaster had sunk down

and become quiet,the accused proceededto perpetratethe robbery,and to this end he now lighteda candle,and then put into his pocketabout "10 10*. in bank-notes, an opera-glass,a pairof spectacles,"c. He then washed the blood off his hands, took off his blood-stained

linen,and departedabout four in the morning. He went

to his brother,who lived some distance off,told him he was goingto

America, and had stolen the money needful from his master; then,

as itwas yettoo early,he wandered about the streets;in the morninghe boughthon-bons,to eat "

on shipboard,"and breakfasted at the

railwaystation,and went by the first train to Hamburg, whither,

however, the telegraphprecededhim. He was at once apprehended

upon his arrival,precognosed,and subsequentlysent back to

us. Erom the firsthe acknowledged the deed,with all its chcum-

stantialities,and remained firm to his confession. On the 19tli we

made the medico-legalexamination of the body,and found the fol-lowing

importantparticulars:" The sliirtand the whole body was

soiled with blood, the features were remarkablydistorted ; there

-were forty-two injuriesupon the head,face,neck, shoulder,superiorextremities,and the fingers,which were much cut ; these were partly

onlyecchymoticmarks, partlyclean cuts, partlybloodyscratches

(witha knife),and lastly,marks of two violent blows. One of

these had comminuted the squamous and petrous portionsof the

righttemporalbone, and from this fractui'ea fissure extended right

across the sella turcica ; the second blow had smashed the lower

jaw on the rightside,torn across its artery,and cut across cleanlythe superiorthyroidartery. The whole body was ansemic. The

followingspecialquestionswere laid before us to be answered in our

report:" (1.)Could the wounds upon the deceased have been in-flicted

with the axe and knife produced? (2) Which of these

wounds are to be referred to the axe ? (3.)Whether the deceased


when struck by the axe must liave lain upon his left side_,or whether

liemighthave been sittingup ? (4.)How longmightthe deceased have

lived after the receiptof his wounds ? After pointingout in our

report that the comminuted fi-acture of the skull must have been

the cause of death,which from the self-evidence of the matter we

here omit, we continued: " "You ask us how long the deceased

might have lived after receivinghis wounds ? The facts mentioned

in the legalreports,coupledwith our medical experience,enable us

to answer this query. The accused asserts it to have been about

half-pasttwo a.m., when he for the second time entered the bedroom,

i.e.,commenced the murder. He asserts further in allhis examina-tions,

that at his departureabout four in the morning,his master,

thoughfatallywounded, stiU breathed,and the housekeeperEstrich

depones,that she found her master quitedead on enteringhis room

in the morning after eighto'clock ; therefore,he must have lived at

the shortest one hour and a-half,and at the longestsix hours and a-

half ; and here,for completeness-sakewe may state,that the remark of

Drs. X. and Z.,who were called in, that those parts of the bodyunder the bedclothes were stillwarm at three-quarterspast eight

a.m., is quiteunimportant,as, under such circumstances,the body

may retain its heat for many hours,frequentlyeven tillthe next day.Experience,however,teaches us, that we may reasonablysuppose the

deceased to have lived two or three hours after the receiptof the

injuries;for,althoughthe haemorrhagefrom the many wounded

blood-vessels,many of them important,must certainlyhave been

very considerable,as is provednot onlyby the linen of the deceased,

which seemed as if soaked in blood,but also by the generalanaemia

of the body found at the autopsy,yet we must not forget,that the

concussion of the brain,caused by the two blows on the head,must

have necessarilyso far lowered the powers of life as to prevent any

rapidlyfatal arterial haemorrhage,while experienceteaches us, that

persons affected with a similar concussion of the brain proceedingfrom similar causes, even to the extent of fracturingthe base of the

skull,have often lived much longerthan we have in this case sup-posed.

Consideringall the circumstances,however, the haemorrhagefrom the many wounds, the greatnumber of these,and the injuriestothe head, we believe ourselves justifiedin fixingthe periodof death

as we have done.'' "Eurther, we can answer with perfectcertaintythe question: ' Whether the injuriesof the deceased could have been

inflicted with the axe and knife produced? confirmingour affirma-

184 " 41. MODE TN WHICH WEAPON HAS BEEN EMPLOYED.

tive answer to this questiongivenin our summary reportat tlietime

of the autopsy. Independentof the fact that the weapons shown

were covered with bloodytliecharacter of the injurieswere evidentlyto be referred to a sharp-cuttingweapon, and to a blunt-cuttingonewielded with considerable force,as is plainlyshown by their partlysharpand smooth, partlyirregularedges,and the comminution of

both soft and hard bodies ; and as the point of the table-knife

was found broken off,the accused confessing,and the autopsytesti-fying,

that he struck with it againsthard parts(theskull-bones),so

this circumstance adds to the greatprobability,that these weapons not

onlymighthave been used,but that theyactuallywere employed.""1^0 greaterdifficultiessurround the questionlaid before us "

*" Which of the injuriesare to be referred to the axe ? '

Indubitablythose which have produced comminution of the hard bones and

laceration of the soft parts,i.e., the two severe blows on the head,

that upon the rightlower jaw,and that upon the righttemporal

bone, which presuppose the employment of a heavier and blunter

weapon than a table-knife and yet a bluntly-cuttingone that can

separateand lacerate the soft parts,consequentlyjustsuch a weapon

as an axe.''^

" We have now finallyto replyto the fourth question"

' Whether

the deceased when struck by the axe must have lain upon his left

side,or whether he might have been sittingup ? "

The housekeeperEstrich,from long-continuedpersonalobservation,

and the foreman R"tzsch,from havingfrequentlyheard Nolte say so,

have both testifiedthat the deceased was in the habit of " always"lyingin bed upon his leftside with his face to the wall. We may, there-fore,

suppose that,as usual,on the nightbetween the 16th and 17th

of this month, when the accused fellupon him, N. was sleepingon

his left side; and the situation of the fatal wounds of the jaw and

skull upon the rightside is in favour of this supposition.In con-sidering

this question,however,it is of importanceto reflecthow the

body was found in the morning. As we ourselves have seen, the

deceased laywith the upper part of his body upon the riffktside,

whilst the lower part of the body, particularlythe liipsand upper

part of the thighs,laywith their forepartson the bed, the hands lay

togetherin a bent position,"c. It is evidentlyimpossiblethat the

deceased could have been lyingin thispositionwhen he received those

injuries,which were not even visible untu the body had been turned

round, because he layupon them ; he must therefore have got into


tliispositionsubsequently.Nothing is less likelythan that the

accusedjafter committingthe deed,placedhim in this position; first,because in his open confession of all the particularsof his crime,he

has made no allusion to this,and second,because he repeatedlyand

very crediblystates,that he did indeed hear the dying man still

breathe,but that from fear he dared not look at liim,and he was

much less likelyto turn his body round without any imaginablereason. If,therefore,the deceased could not have received the in-jury

when lyingon the rightside,and yethas been found as a corpse

lyingupon this side,it follows that he must have heen in some other

posture between the times of quietsleep,beingwounded and being-found a corpse. The statements of the accused contradict each other

repeatedlyin regardto tliis. In Hamburg he stated," The master

did not defend himself,nor seize hold of me," on the contrary,atthe time of the autopsy,and at the subsequentprecognitions,he

repeatedlydeclared the oppositeof this,and, judgingfrom his

scratched hand, probablywith truth. At the precognitionon the

22nd of this month he states that,with the axe held perpendicularlyabove him, he struck purposelyat the head of the white figuresittingill the bed. Subsequently,when he for the first time stabbed his

master, he says, he attemptedto get up, but againduringthe same

examination he states,that immediatelyafter the firststab his master

felldown, and he did not observe him againattempt to rise. Just

so does his statement at the precognitionon the 2nd of this month

vary from his earlier ones, when he says," Judgingfrom the voice,

my master appearedto have turned himself to me (thatis,towards

the rightside),but I do not know this with certainty,and I

onlystruck at the white figurewhich appeared to be sittingin the

bed." We must, therefore,appealfor conclusive information to the

condition of the wounds. Though we cannot denythe possibilityof

the wound over the jaw of the deceased havingbeen givenfrom above

downwards, and while he was in a sittingposture,yet the perfectcomminution of the bone is much more favourable to the view that

the axe must have descended upon it at rightanglesto its surface,

i.e., that the deceased must have lain upon his leftside when he re-ceived

this blow. That he now sat up is extremelyprobable,as,after the receiptof such a wound, when awake, he mighthave done

much more, and might even have walked. It is also much more

reasonable to assume the possibilityof the cranial wound havingbeenreceived in a sittingposture,as the vaultingof the skull causes the


temporalbone to protrudebeyondthe lower jaw^and its thin squa-mous

portionis much more easilybroken and comminuted than the

hard and strong lower jawbone. We are, therefore,inclined to

assume, that Nolte received the firstblow upon the rightcheekwhilst lyingon his left side,that he then sat up, and received the

second blow upon the head,and that in the struggleindubitablynow

begun,the numerous cuts with the knife followed,tillNolte, death-

struck and exhausted,fell down, as he was found, and as we have

alreadydescribed, finally,therefore,we answer the questionsputto us as follows :"

" (1.)The injuriesof the deceased may have

been inflicted with the axe and knife produced at the time of the

autopsy; (2.)The oft-mentioued wounds upon the skull and jawhave

been producedby the axe ; (3.)The deceased when struck with

the axe may have been in a sittingposture; (4.)The deceased

may have lived two or three hours after the receiptof the in-juries.'''

I may add,thoughnot in placehere,that the jurygave it as their

verdict : that Haube perpetratedthe deed " wilfully,but not with

deliberation" (!),and he was consequently(accordingto " 176 of

the Penal Code)condemned to imprisomentfor life,and this punish-menthe is now sufferingin the prisonhere.

In the followingcase of robbery,with murder, the decision of the

questionwe are now illustratingwas much more easy than in either

of the two alreadyrelated.

Case LXXII. " Comminuted Feacturb op the Eight Paeietal

and of the sphenoid bones. how did the muedeeed man

lie, and where did the muedeeee stand ?

On the morning of the 14th of March, 18 "

,the merchant

Schultz was missed,and his murdered body was subsequentlyfound

tolerablycloselypacked in the box of his sofa-bed. On the same

day, and almost immediatelyafter the findingof the body,Pried-

rich Holland, the house-servant of the murdered man, was arrested,

for want of a passport,at the station of the Hamburg Eailway,on the wing for America via Hamburg ; and he immediatelycon-fessed

that,to obtain money for the support of his sweetheart and

his child by her,he had murdered his master as he layin bed sleeping,about 8 o'clock on the previousmorning. At the precognition,which took placethat evening,he gave the followingmore detailed


blood ; the larynxand tracliea were uninjured,paleand empty ;

every other organ was normal but auEemic.

Now, as respectsthe questionsto be answered in our report,we

had here the direct oppositeof the case of L"cke alreadygiven,for

in this case the results of the autopsycompletelyagreedwith the

open confession of the culprit.In the first place,as to the direct

cause of death, it was evidentlyeasy to prove that the death was

caused by the cranial injuries,and not by the strangulation,for no

singlesignof death bystrangulationwas found,and consequentlythe

deceased,if not alreadydead,and in oppositionto this the deposition

states,that he stillbreathed with a rhonchus (trachealrale),yet he

must have been alreadyin agone mortis when the prisonerwound the

cord round his neck, for doingwhich he gave a very credible reason,

and one confirmed by the experienceof similar cases." Next, as to

the weapon,'we contiaued, " with wliich these injurieshave been

inflicted,independentof the prisoner'sconfession,or should he sub-sequently

retract it,we must conclude,that a heavyblunt-edged

weapon providedwith at least one four-sided surface "such as an

axe or hammer " must have been the lethal weapon. Only contusions

producesuch injuriesas here exist,and the regularfour-sided

ecchymosisover the zygomaticarch proves that a four-sided weapon

has been employed. The common kitchen axe producedhas,how-ever,

an indented blunt-cuttingedge,and the usual four-sided back,

its edgesbeing almost sharperthan the proper edge itself. From

this condition of the axe it is evident,that onlythe last-mentioned

injury,the ecchymosison the cheek, has been certainlycaused bythe back of the axe, whilst the other external injuriesmight have

been producedjustas well by the front or edgeof the axe, as by its

back. The further statement of Holland,that his master layuponhis left side when he struck liim,has been confirmed by the autopsy,

as all the injurieshave been found upon the rightside of the head,

whilst the top of the head and the left side are quiteuninjured.But

it is also evident,from the nature of the internal injuries,that the

deceased must have been lyingwhen he received the fatalblow. Por,

"besides that,dailyexperienceteaches us, that when the victim stands

or sitsbefore his foe,the blow is much more likelyto strike the leftthan the rightside,in tliiscase the force employedhas been so great

as to separatean entire suture, and has,therefore,more probablyre-sulted

from a blow directlydownwards, than from a side-blow. As

to the positionof the murderer, we must suppose that he stood be-


liind,and^ as it were^ above the head of the bed, for onlyin this

position,and not if he had stood in front of,and as it were, below

the head of the bed,could the four-sided ecchymosison the cheek be

produced,which was caused by the back of the axe when delivering

a blow which fractured the bones lyingbeneath. In accordance

with the foregoing,we delivered our opinionsin regardto the ques-tions

laid before us :" (1.)That strangulationhad not been the cause

of Schultz^ s death; (2.)That the cranial injurieshad been the inevi-table

cause of his death; (3.)That these injuriesevidentlypointtothe employmentof a partlyblunt and partlysharpweapon, which

must have been used with considerable force ; (4.)That the kitchen

axe produced,or some similar weapon has been employedto inflict

these injuries;(5.)That the four-sided ecchymosismentioned,has

been caused by the back of this weapon, whilst the other external

injuriesmay have been caused partlyby the sharpedge,and partly

by the blunt back of the weapon; (6.)That the deceased must have

been wounded and killed wliilelyingon his left side;(7.)That from

the nature of the ecchymosismentioned,we may conclude that the

murderer must have stood above,and as it were, behind the head of

the bed; (8.)That from the highstate of preservationof the body,

coupledwith the mild temperaturethen prevailing,the death of the

deceased,must have precededthe autopsybut a few days,and it is

very possiblethat the exact time may have been about fiftyhours

(thiswas in answer to a direct query)."Holland was executed.

The followingcase of a chargeof murder presentedno difficulties,

thoughit aff'orded a most strikingexamplehow futile the most obsti-nate

lyingis,when placedin oppositionto a medico-legalopiniondeduced from the results of the autopsy.

Case LXXIII. " Murder by injuries oe the Head. " In what

position has the deceased been?

A joinerstruck dead (witha heavyfileweighingabout one poundfourteen ounces, imp.)his Avife,aged 55, with whom he had led a

quarrelsomelife. The thinness of all the skull-bones in this case

was more remarkable than I have ever seen either before or since,

and was rendered especiallyso by occurringin a case of cranial

injury.The surface of the skull-bones where they were sawn

throughallround, were nowhere above a line in thickness ; fortu-nately,

the case occurred under the new Penal Code,and therefore


gave rise to no unprofitablediscussions witli the defender,as to the

absolute or individual lethalityof the injuries; it would verilyhave

been difficultfor him to maintain the latter view of the case ; but he

might have succeeded in protractinga very simplematter through

the various courts. The whole of the left half of the skull was

broken to pieces; ten fragmentsof bone taken out of this wound laybefore us at the medico-legalexamination of the body; the base of

the wound was formed by the reddish-blue dura mater, which was

lacerated,and from beneath which the cerebral substance protruded

throughthe wound. The lefthemisphereof the cerebrum was com-pletely

crushed,and both it and the left side of the cerebellum were

thicklybeset with dark coagula.A horizontal fracture passedto the

rightacross the frontal bone into the rightorbital process, where it

ended. The whole of the brain was covered by a thin layerof treaclyblood. The plexuschoroiclales were very pale,all the sinuses almost

empty of blood. In determiningthe positionand posture of the

wounded person at the time the deed was done a second wound

proveda greathelp; this was about an inch and a-quarterlong,but

slightlypatulous,its edgesobtuselysharpand slightlyecchymosed;it ran immediatelyover the left ear from behind forwards,and from

above downwards diagonally.The rest of the autopsy was of no

consequence, affordingonly,as was to be expected,additional evidence

of the generalansemia. We gave it as our decided opinion,that the

injuryto the head had been inevitablythe cause of death,that it

might very readilyhave been inflicted by the heavy file produced;that the deceased at the moment of its receipthad not been in a

horizontal position(againstwhich the wound above the ear testified),

but might have been either standingor sitting,and the murderer

might have stood either before or behind her. The husband was

broughtforward at the time of the examination,and stated,that his

wife was sittingknittingon a bench when the quarrelarose, and that

he, standingbefore her,seized the fileand struck her.

Case LXXIY. " ^Patal comminuted fracture of the Skull

WITH AN axe. Has it been done with the edge alone,

OR also with the back?

The followingcase, that of a father,the weaver D., who struck

dead his son, aged 14, while sleepingquietly,was stillmore horrible

than any of the precedingcases, and resembled them much in the


results of the autopsy. The blow was givenwith the axe produced,

as was provedby the other members of the family,who beingin an

adjoiningroom heard the sound of the fallingaxe, and immediately

hurryingin,were almost eye-witnessesof the deed; the blow had

cut throughthe epicranialaponeurosisand skull-bones with a clean

sharp-edgedcut, and penetratedthe brain deeply,and appearedonthe body as a wound on the left side,three inches and a-half longand one inch wide,from whose edges,and from amongst the crushed

brain at its bottom,several loose piecesof bone were taken out. The

face,shirt,and upper extremities were much covered with blood.

The bodywas of a waxy-white,affordingthereby,alongwith the size

of the wound, certain evidence of the completeansemia,which was

subsequentlymost strikinglydisplayedin the almost greyish-whiteand bloodless lungs; in the perfectlybloodless heart and pulmonary

artery; in the paleand bloodless liver,and in the almost empty vena

cava inferior,"c. Nevertheless,even in tliiscase, the usual post-mortem

stainingwas not absent [fid." 8, page 19),but covered

the whole of the back. I may also add, that from the rightangle of

the cranial wound a zigzagfissure extended horizontallyacross to

the righttemporalbone, and there was also a fissure in the base of

the cranium across the sella turcica,not, as usual,rightacross and

throughthe bone, but winding angularlybeneath the sella,and

separatingthe j^j^r^'petrosa of the righttemporalbone. Upon the

corpus callosum there laydark lumps of coagulatedblood,and similar

clots were scattered here and there throughthe brain. The boy had

died instantaneouslywithout awaking. In tliiscase also,therefore,

the blood had coagulatedafter death {Fid. " 11, page 23). The

decision as to the nature of this case was extremelysimple. It was

not so easy, however, to answer the question:"

" Did the murderer

strike onlywith the edge,or also with the back of the axe ? " On

the latter there were not onlyblood-stains like those on the rest of

the blade,but there were adherent also fair hairs from off the corpse.

Though,however,the nature of the wound permittedus to assume

with something Kke certainty,that the sharpedge of the axe had

been used to produceit,blood and hair on its back could not justifya similar conclusion. We rather supposedthat the hair cut off had

been washed out by the streamingblood,and this suppositionwas

confirmed and made certain,after we had ordered the productionof

the pillowon which the boy'shead laywhen he was struck,for upon

it we found not onlylargeblood-stains,but two largepiecesof cere-


bral substance,and a tolerable lieapof fairliairmatted witliblood ! It

further came out that the murderer was labouringunder melancholia ;

the preliminaryinvestigationwas therefore cancelled and the poor

man sent to an Asylum for the insane,where he subsequentlydied.

Case LXXV. " Penetrating Wound of the Heajrt. " ^Was the

deceased stabbed, or did he himself run upon the knife ?

During a quarrelamong some woodcutters,on the 25th of August,

18 "

,S, was thrice stabbed by Helm, and immediatelyfell dead.

We quote the followingdescriptionof these wounds from the pro-tocol

of the autopsy:"

" About the middle of the left arm, on its

inner side,there was a crescent-shapedwound one inch and three-

quarterslong,three-quartersof an inch wide, through the skin

alone,with sharp,dry edges,not efechymosed," on the left breast

near the axilla,and one inch and a-half diagonallyabove the nipple,there was a crescent-shapedwound two inches and a-haK long,one

inch and a-quarterwide at the centre,and from the bottom of which

a bundle of muscular fibres protruded. On the same side of the

breast between the fifth and sixth ribs,and about one inch and a-

half from the nipple,there was a wound with similar edges,slightlycrescentic in form, one inch long,and one inch and a-quarterwide,

running from above downwards and from within outwards.'''' After

openingthe thorax,it was found that both wounds had penetrated,and approachedeach other, so that "there was only half-an-inch

between them. The lower wound was of a crescentic form,tliree-

quartersof a inch long,and with sharpunecchymosededges; the

other wound was more like a simplehole,one-quarterof an inch in

diameter,and had similar edges. In the left pleuralcavitythere

were twenty ounces of dark and perfectlyfluid blood. At the base

of the pericardium,close to the diaphragm,there was a crescent-

shapedwound half-an-inch long and three-quartersof an inch broad,

with sharpedges,deeplyecchymosedto the extent of half-an-inch all

round. In the pericardiumthere were also four ounces of blood similar

to that alreadymentioned. At the part of the heart corresponding

to the wound of the pericardium,we found a feeblycrescentic wound

half-an-inch long and t^ro inches broad, with sharpunecchymosed

edges,and which penetratedthe left ventricle.''^ The rest of the

autopsy was of no consequence. The body was generallyansemic,

exceptingonly(asusual)the cerebral veins. Nothing could be more


easy tlian to detenmne the inevitablefatalityof such a wound, and to

confirm the suppositionthat itmighthave been made by the pocket-knife produced,the blade of which was four inches long,and tlu:ee-

quartersof an inch broad in the middle,very pointedand very sharp.But at his trial the accused for the firsttime asserted,that he had

not wounded the deceased,but that,as S. threatened him with an

upliftedlogof wood, in seK-defence he held the knife before him,and S. himself ran upon it;this pleawas eagerlyseized by the

advocate for the defence,but it was onlytoo readilyswept away byconfrontingit with the result of the autopsy. The wounded man

had been tlu-icestabbed,once on the arm and twice on the breast :

tliisof itself seemed more in favour of some active procedure,thanof a mere passiverunningupon the weapon ; moreover, the direction

of the wounds was from above downwards, and convergedin the chest

at their lower ends. Repeatedstabbingswith an upliftedarm, ex-plained

the originand direction of these wounds, justas easilyand

naturallyas it was difficultto conceive how the deceased could have

received tliree,and three such wounds, by simplyrunningupon the

knife. Our opinionsprevailedwith the Jury, and Helm was

condemned.

Case LXXVI. " Patal Stab in the Thigh. " ^Was it inten-tional

OR CAUSED BY FALLING ON THE KNIPE ?

The followingcase was very similar to that justrelated. An

extremelypassionateand very drunken man, who had often ill-used

his wife,fella-quarrellingwith her as he ate,and held a bread-knife

in his hand. According to his statement, his wife "upon this

stumbled over a stool that stood behind her,and fell forwards,but

somewhat to the one side,"and he,seekingto preventher faU,acci-dentally

stabbed her with the knife he had in his hand. The wound

was in the back partof the leftthigh,and had penetratedabout two

inches obliquelyfrom without inwards,afterpassingthrougha dress,

two wadded petticoats,and a pairof drawers. Accordingto the-

woman, however, " her husband had repeatedlystruck her,and kicked

her on the side in front,"and then,as she turned to the door to flee,

he stabbed her from beliind. A diversityof statement,obviouslyof much importancefor the publicprosecutor! The woman was im-mediately

removed to the Hospital,where an ecchymosedmark was

found in the leftgroin,besides the stab in the leftthigh. In three

o


days'time the glands of the groin were much swollen,in five days

the case had assumed a serious aspect, the suppuration became

ichorous,and the glandularinflammation likewise ended in unhealthy

suppuration, and on the twentieth day the woman died from pyaemia.

The body was emaciated, worn out with disease, and ansemic, and in

both ofthe situations mentioned deep unhealthy ulceration existed. It

was, therefore, easy to determine the facts relafcive to the homicide.

In regard to the question put to us : "

" Whether the stab might

have been produced in the manner allegedby the accused ? ''

we

answered it negatively,and for these reasons :" His assertions are

unworthy of credit:

in the first place,because they contradict each

other, and are indistinct,or rather indeed incomprehensible; and in

the next place, because they do not explain the condition of the

body either before or after death. It is manifestlyincomprehensible,

how a woman eould do what M.says

his wife did, viz.,id^ forwards,

and over a stool which stood heliind her. But the stab itself contra-dicts

any such assumption : it must, as the deceased has correctly

stated, have been given with considerable force, since it penetrated

two inches deep into the body, after passing through so many elastic

articles of dress. If a body were to fall with its entire weight upon a

knife fixed beneath it,a similar stab might be the result; but, as the

accused himseK testifies,that he caught his wife to prevent her from

falling,so such a haK fall cannot be accepted as sufficient to produce

such a wound, and this all the more, that, had it been the cause the

direction would have been different,viz.,direct from behind forwards,

and not as it reallyis,oblique. On the contrary,the origin of the

stab is explained in the easiest and simplestmanner, by assuming

that the accused, holding the knife in his righthand, forciblystabbed

his wife from behind, as she fled to the door with her back towards

him. Moreover, the injuryin the inguinalregion is not explained

by the statement of the accused; while, if we accept as true the state-ment

of the deceased, that before being stabbed, she had been

" kicked on the side in front," the originof this injuryis explained

in the most natural manner.

196 "43. ON THE INVESTIGATION OF BLOOD-STAINS.

throat was qmte uninjured; in two other similar cases, that all the

clothes as weU as the shirt were uninjured,wliilstbeneath them laythe fatal gun-shotwound ; in another case again,one of rape and

murder, that the cap of the unfortunate woman lay between her

thighs,"c. The medical juristmust, however, wait untu such

queriesare put to him, and where this is the case, which I repeatis

but seldom,theyusuallyrefer to the investigationof the stains of

blood,ordure,semen, and poisons,particularlyof sulphuricacid.

" 43. On the Investigation of Blood-stains."^

H. Eose {pp.cit.)treats uncoloured linen or wooUen cloths,ap-parently

stained with blood,with cold distilledwater to extract the

hsematin,and this solution is then tested with a solution of chlorine,

with nitric acid,and with tincture of galls,in the manner alreadydescribed (page145). It is much more difficult,however,to inves-tigate

stains of blood upon coloured cloths,particularlyupon such as

are composedof some nitrogenousorganicmaterial,as wool or s"k.

We must in such cases endeavour, in the firstplace,cautiouslyto

scratch off the dried blood from the cloth," a procedurewhich,even

when performedwith care, is but seldom successful ; we must in the

next placemacerate the matter scratched off in cold water, and then

proceedto test the solution of haimatin (shouldblood be present)in the

manner alreadydescribed. Where the stains have alreadybeen washed

with boilingor soapy water, Morin, Professor of Chemistryin Eouen,

recommends the followingmode of detection: the stains are first

treated with a weak solution of pure potash,the fluid thus obtained

givesa white precipitatewith nitric or hydrochloricacid,thereby

evincingthe presence of one or more of the constituents of the blood.

The alkaline treatment does not dischargethe colouring-matterof the

blood,and it may be extracted by the use of pure hydrochloricacid,

testingtliissolution with ferrocyanideof potassium,when the pre-sence

of the iron of the blood is at once rendered visible. The

simultaneous discoveryof the presence of iron alongwith a proteinsubstance is,accordingto Morin, a certain signof the presence of

blood.t Wiehr employsa somewhat simuar method for the detecr

tion of blood-stains upon coloured stuffs,where the colour of the

solution preventsthe employmentof reagents,viz.,by the production

* Vid. also on the investigationof blood-stains on weapons, "" 39 and 40.

.

t Archiv der Pharmacie, LXXX. Hft. 2. Jahrg. 1854, s. 192.

" 4.3. ON THE INVESTIGATION OF BLOOD-STAINS. 197

of cyanideof potassiumby means of tlie stains of blood upon the

Stuff. After satisfyinghimself that the stuff to be examined con-tains

no wool^ he roasts a red-stained portionof it in a porcelaincrucible tillit can be rubbed to powder,this powder is then mixed

with carbonate of potashand the mixture exposedto a strongred-

heat. The fused mass is subsequentlyto be lixiviated with distilled

water and filtered,and to the filteredsolution there is to be added a

small quantityof a solution of proto-salt,and also of a per-saltof

iron,upon which a precipitateof an undecided colour falls,consistingof the surplusof the carbonate of potassemployed,the reduced oxide

and peroxideof iron, and the newly-formedferrosesquicyanideof

iron. The precipitateis now digestedin dilute sulphuricacid,whichdissolvesout the oxide and peroxideof iron,and thus renders visible

the bright-blueof the ferrosesquicyanideof iron,which is insoluble

in the dilute acid. Wielir asserts,that he has obtained satisfac-tory

results by means of this method, even where the quantityofblood was very minute. This method may be also success-fully

employedby boilinga pieceof the blood-stained stuff in a

solution of caustic potass,evaporatingthe solution to dryness,exposingthe residue to a red-heat,and afterwards treatingit withthe salts of iron and sulphuricacid as alreadydescribed."^

Bryk commends the detection of the polychroismof the colouring.-matter of the blood as a most valuable test,particularlyin the

diagnosisof such blood-stains as have been washed out, and appear

perfectlywhite on being merelylooked at. When such stains are

treated under the microscopewith concentrated sulphuricacid,in a

very few minutes a pale-greencoloration of the Knen threads may be

seen, which in a short time becomes pale-brown,and here and there,where more of the pigment may by chance adhere,a brownish-red,passingafterwards to brick or even to rose-red,this generallytakingplacein from two to three hours,and the reaction closingby the

stain assuminga dirty-browncolour. The transition from green to

brown, violet,brick or rose-red,is to be observed in every pale-yellowishstain,whether this faint coloration has existed ab origineor been producedby attemptsto wash it out; and of course, these

colours appear all the more splendidwhen the stain of blood is con-centrated,

and therebyafford a most importantmeans of differential

diagnosisbetween such stains and those of pus, urine,or mucus,

which upon white cloths mightbe suspectedto be washed-out blood-

* Archiv der Pharmacie, 1854,April. /?

198 " 43. ON THE INVESTIGATION OF BLOOD-STAINS.

stains,but whicTi when treated with sulphuricacid do not undergothe changeof colour described."^

Pinia,of Turin^t also describes this peculiarmetamorphosisof the

colour of visible,and particularlyof washed-out blood-stains,when

treated with sulphuricacid. Our own experimentalresearches have

perfectlysatisfied us of the correctness of this statement, and we

have had greatpleasurein observingthe beautiful changesof colour

producedby this treatment in recent as well as in washed-out stains,

unaided vision beingperfectlysufficient for the purpose. But the

forensic value of this diagnosticmeasure is unfortunatelymuchlessened by the fact,that the very same polychroismis also observed

when stains of albumen, of the acids of the bile,or even of fat alone,

are treated with sulphuricacid droppedupon them,though these may

actuallycontain no blood,as is provedby the failure of all the other

tests,which prove its existence in actual blood-stains. On the other

hand.Hoppersmode of treatingrecent or washed-out blood-stains with

caustic soda seems much more trustworthy,this also producesa

rapidand very strikingalteration in the colouring-matterof the

blood,as we ourselves can testifyfrom personalobservation. Caustic

soda, when droppedupon recent blood or blood-stains which still

contain traces of hsematin,producesin a few minutes a paleor dark

olive-greencoloration,passingat once into the previousred, or

reddish,or yellowish-redcolour when acetic acid is droppedupon it,

and againbecoming green when treated afresh with soda. There is

no other colouring-matterthat undergoesthese changeswhen thus

treated,and this method is,therefore,to be preferredto that with

sulphuricacid. Both tests are, moreover, easy of application,and

requireno specialapparatus. When the stains are very rigid,it is

better to soften them with a littledistuled water previousto applyingthe solution of soda.

Along with the employmentof chemical means to detect blood-stains,

we must never neglectmicroscopical,and this all the more,

that a recent discoverypermitsus to hope to be able to detect blood

with certaintyin this manner, even when the quantityis much too

small for its chemical detection. Eirst of all,we must alwaysascer-tain

the existence of blood corpuscles,and in satisfyingourselves of

this we must not neglectthe wliite corpuscles,since their detection,

* Wiener Medic. "Wochensclir. 1858, s. 779.

t Demaria, in Ms notes to the Italian translation of this Handbook,

p. 724,

"43. ON THE INVESTIGATION OF BLOOD-STAINS. 199

alongwith the other characteristics,considerablystrengthensthe

credibilityof the result. In treatingdried stains of blood in the

usual manner with water, watery solutions of salt or iodine,"c.,verydistinct corpusclesare obtained. Kmany of these,however,are colour-less,

the probabilityis very greatthat it is purulent,muco-purulent

matter, or some other pathologicalproductand not blood. If re-latively,

but few of the corpusclesare colourless,it is all the more

likelyto be blood. The discoveryof fibrine concludes the micro-scopic

examination. This is easuyrecognisedas the material con-necting

the fragmentsof blood after theyhave been for some time

exposedto the action of water. A still more importanttest of

blood,however, is the discoverymade by L. Teichmann,"^that the

action of acetic acid upon blood causes the formation of crystals,the constituents of which he recognisedas being formed from the

colouring-matterof the blood, and he therefore described them

under the name of crystalsof hsemin. This test is one specially

importantfor the medical jurist,since he has so often to deal with

stuffs alreadyrubbed or washed, whereby the blood corpuscleshave

been destroyedand rendered unrecognisable,whilst some colouring-matter is almost sure to be left,and this will permitof the successful

applicationof Teichmann^s test,which enables us successfullyto

diagnosethe presence of blood, whatever may be its condition,

recent, diied,accidentlyfouled,or even stinkingand discoloured;

and to B"chner and Simon belongsthe merit of having so simplifiedthe complicatedmethod of investigationemployedby Teichmann and

Br"cke, that,as we ourselves can confirm,the demonstration of

crystalsof hsemin is rendered now so simplethat it can be done by

every medical jurist.B"chner and Simon have indeed provedthe

existence of blood in a small rag cut from a butcher's slaughtering-

trousers which had been eightyears in use, but had not been worn

for one year and a-half previously.fThe followingis substantiallytheir simplifiedprocess :" A. drop of blood or fluid containingits

colouring-matteris to be mixed in a watch-glasswith an excess of

glacialacetic acid,it is then to be slowlyevaporatedover a spirit

lamp or gas jet,or in a sand-bath or oven (orspontaneouslyin the

* On tlie Crystallizationof tlie Organic Constituents of the Blood, in

Henle and Pfeuffer's Zeitschr. f"r rat. Medicin, ill.3, s. 375.

t B"cliner and Simon on the Investigationof Crystalsof Hsemin, and

their medico-legalsignification,in the Archiv f"r Pathol.,Anatomie und

Physiologic.Neue Folge,Bd. V., 1 and 2 Hft. 1858, s. 50.


air).When tliedried mass is now brougM under the microscope,innumerable crystalsof heemin are at once seen^ when the colouring-matter of the blood has actuallybeen presentin the fluid employed,sometimes these crystalsare isolated,at others,and more usually,they are presentin thousands. These crystalsare rhomboidal in

form,tabular or otherwise -, their colour varies from a faint yellowishto yellowor yellowish-red,or a dirtyblood-red,or stilldeepercolour ;

their size is various,and theyare frequentlyfound placedover one

another in a cruciform or stellate manner. "When the amount of

blood is very small,it crystallizesin such thin tablets and cylindersthat theyappear quitecolourless,and these combine in a fine reti-cular

form, the meshes of which are extremelyclose. I obtained a

very perfectpreparationof this nature from a completelyfaded stain

of menstrual blood the size of a cherry-stone,which for three months

had adhered to a much-handled pieceof linen.^ Stains of blood

dried upon wood, metal, or stuffs,are most rapidlytested by mace-rating

them in glacialacetic acid in a test tube, tillthe acid is

coloured,and tlien evaporatingthe fluid. When the blood-stains are

of old standing,it is better to boil them in the acid in a test tube

tillthe acid becomes reddish,and then to evaporateit. In regardtoTeichmann^s statement respectingthe necessityof adding a small

quantityof common salt to the acetic acid solution of the colouring-matter of the blood,we can fullyconfirm the views of the investiga-tors

just mentioned, that the addition of salt to recent blood is

unnecessary, and is onlyrequisitewhen the blood has been deprivedof itssaline constituents by washingwith water,by the action of rain,

or the ordinarymoisture of the soil or atmosphere. We need

scarcelyremind the reader, that cases of this nature are of fre-quent

occurrence in medico-legalpractice,and since one cannot

alwaysknow whether such influences have been in action or no, so

B. and S. very properlyrecommend, when the firsttrialwithout the

addition of salt has been fruitless,to make a new one with this

addition. Since,however, we 'have found that the success of the

process is rendered much more certain by this addition of salt,so

we are disposedto recommend that it be made at once in every case,

and that a very small particleof salt be alwaysadded to the glacial

* Yery good representationsof both kinds of crystalsare to be found in

Tunke's Atlas der Physiol.Chemie, 2 Aufl. Leipzig,1858, Taf. IX. Tigs. 2

and 5. Vid. also a representationof one of our own preparations,in our

own Atlas,Taf. X. Fig. 2.

" 43. ON THE INVESTIGATION OF BLOOD-STAINS, 201

acetic acid before the maceration or boiling. In every case the

experimentis not alwayssuccessful,and it must then be at once

repeated,which consideringthe simplicityof the process is no great

hardship; and it is therefore better,even in the most minute objectof medico-legalinvestigation,to reserve, if possible,enough for a

second and third experiment.But even repeatedexperimentswith

the same fluids,preparationsof blood in every state,both recent and

dried upon liaen,wood, "c.,with garden-earthsoaked in blood,"c.,has taughtus, as well as other experiencedmicroscopists,that such

experimentsare, alas ! frequentlyunsuccessful. Hence it follows

that the obtainingof such crystalsis a certain proofof the presence

of blood in the objectexamined, but that a negativeresult is byno means a proofthat there has been no blood upon the stuff

examined.

Case LXXVII. " Investigation of a piece of brown cloth

APPARENTLY STAINED WITH BloOD.

A foreigntribunal sent me a pieceof brown cloth from the

clothingof a person accused of havinginflicted severe corporalin-jury,

with the request that I would endeavour to ascertain whether

the red stains upon it were caused by blood,or by some other sub-stance;

and, if by the former, how long these blood-stains had

probablybeen upon the cloth ? After several famous expertshere

had declined to co-operatewith me on account of the difficulties

inherent in the matter,I obtained the assistance of our sworn expert.

ApothecarySchacht, and as the result of our conjointlabours we

drew up the followingreport:"

" The investigationof blood-stains

upon uncoloured linen or woollen stuffs,and their diagnosisfromother red stains presentno peculiardifficulties; but it is far other-wise

when such stains are found upon coloured woollen stuffs,as in

the presentcase. We considered itjudicious,in the firstplace,before

proceedingto the investigationproper, to make the followingexperi-ment

: we made use of a pieceof brown woollen cloth upon wliich

two dropsof blood were allowed to drycompletely; we then sus-pended

the bit of cloth in a httle distilledwater, so that its lower

edgewas about three-quartersof an inch from the bottom of the glasstube in which the experimentwas made ; in a few minutes the hsematin

had alreadycommenced to descend in stripesto the bottom of the

tube and there accumulated,the rest of the water beingonlystained


of a yellowishhue ; in a few hours the pieceof cloth was removed

and dried and upon it there was no longerany trace of the stains ofHood to he found. The fluid was then shaken up and assumed a

uniform brownish-red colour,and the soluble constituents of the

blood were readilyrecognisedby means of the usual reagents,nitric

acid,chlorine water, aqua potassa,and tincture of galls.We now

examined the pieceof cloth sent us_, by means of a microscope,but

without discoveringany red colouring-matterupon the cloth,the

fibres of which seemed rather to be individuallystained. We now

suspendedthe piecesmarked 1 and 3 in water in the way justmen-tioned,

but even after three times twenty-fourhours,there was not

the smallest trace of colour apparentin the water, and all the re-agents

producedno effect. The piecesof cloth were taken out of

the water and dried ; the red staius npon them remained unchanged.We have enclosed the piecesof cloth marked with their distinctive

numerals. Prom the stripof cloth marked No. 3, we scratched off

the stained part,to which we added a littlewater,this did not become

coloured in the slightestdegree,and the reagentsemployedpro-duced

not the slightesteffect. We therefore feel justifiedin givingit as our opinion,that the red stains upon the piecesof cloth sent

us were most p'olablynot caused hy Hood!"

Case LXXYIII. " Spots of blood oe tar upon a smockprock.

Prom the Grand Duchy of Posen I received a blue smockfrock

upon which there were some suspicious-lookingstains,which,in their

dark-red colour,the rigiditywhich theyproducedin the stuff,and

particularlyin the distinct appearance of besprinklingwhich existed

in several parts,very much resembled the appearance of old stains of

blood,whilst the accused declared that theywere spots of tar. A

microscopicalexamination,with a power of 500, provedthe total

absence of any blood corpuscles; even in the case of those stains which

presentedno particularappearance of havingbeen rubbed or washed.

After this investigationhad afforded no confirmation of the supposi-tion

that these stains were stains of blood,threads from the stained

partsof the cloth were burned,when theyevolved a smell likened byall the bystandersto that of burningresin,as pitchor sealing-wax,which was of course in favour of the stains beingspots of tar. The

further chemical investigationwas now carried out in conjunctionwith the chemical expertalreadymentioned. Por this end several of

204 " 45. 0" THE INVESTIGATION OF SEMINAL STAINS.

to undertake any such investigation,at least,I have never had a

singlecase of this kind duringall my long and extensive experience,and the literature of the subjectcontains the records of onlya very

few such cases. And this is easilyexplicable,for stains of ordure

are, as everyone knows, so very obvious to the senses, and so little

aptto be confounded with stains originatingfrom any other cause,

that the Judge,even should he have any interest in their diagnosis,which but seldom happens,will be justifiedin drawinghis own con-clusions

from a simpleinspectionwithout consultingthe physicianat

all.Por example,in a horrible case which occurred in my practicesome

years ago, in which a young woman was violated by four men, one of

whom finishedby goingto stool in the room, dippinga venesection

bandagein the filth,and stuffingit into the mouth of the girlas she

laythere half unconscious,I had indeed to determine the fact of the

rape on the body of the ghl,but I never even saw the bandage,much less investigatedthe stains upon it,which,would moreover have

been quitesuperfluous.

"45. Inyestigation of Stains oe Semen.

AlthoughI " as well as every other medical jurist" have often had

to investigatestains upon the body,or bed-linen of livingpersons,for the purpose of decidingwhether the suspicioas-lookingstains

upon them were caused by the seminal fluid or not; yet I have

never in one singlecase had such a query broughtbefore me in re-lation

to the linen of a dead person ; and I may also add here, as in

the previoussection,that the entire literature of the subjectcom-prises

but a few isolated cases. I have,indeed,in two cases of rape,

with subsequentdeath,had to decide respectingthe violation,but in

neither of these cases was it necessary to investigatethe hnen for

spermaticstains. In similar cases, however, such a necessitymight

occur, and therefore the subjectis here set down. I have alreadyin another place*fullyexplainedhow perfectlyuntrustworthyis every

analysisof a suspectedseminal stain by the unaided senses, viz.,bythe eye and (byrubbing)by the smeU. The shirts handed to the

medical juristfor examination are not the fine,often changed,and

therefore,clean and white shirts of the higherclasses,nor yet the

always clean shirts of the middle classes ; but they are shirts long

worn, coarse, and dirty,more or less torn, stained with a sickening* On Eape and Sodomy. Casper'sYierteljahrschrift,I. s. 21, "c.

" 45. ON THE INVESTIGATION OF SEMINAL STAINS. 205

mixture of ordure,urine,mucus, menstrual blood,and that from

bug and flea-bites,as well as dirt of every kind ; so that the detection

of one or of several distinct stains by the senses alone is extremely

deceptive,and not seldom perfectlyimpossible.The chemical tests

proposedby Orfila and others are also perfectlyuntrustworthyand

far too diffuse; on the contrary,Lassaigne'smethod"^ is certainlysomewhat recommended by its simphcity,and has provedsuccessfulin our hands. Suspiciousspots upon white linen,not upon wool

(whichusuallycontains sulphur),are moistened with a few dropsof

plomhatede i^tass (asolution of oxide of lead in aqua potassa)and

dried at a temperature of + 20" C. (68* P.). In a few minutes

the stain assumes a dirty-yellowor even a sulphur-yellowhue, when

it has been producedby any albuminous compound (thereforecon-taining

sulphur); but seminal stains,and every other kind of stain

not arisingfrom an albuminous compound, as gum, amidine,dex-trine,

"c., are not altered in colour by this test. The yellowcoloration of a stain thus treated,therefore,proves that it is not a

seminal stain,but the reverse does not prove the contrary,and the

most importantand indispensablemeans of confirmingthe diagnosisis,therefore,the judiciousemployment of the microscope.It is,

however, very improperto take the pieceof hnen cut out and to

press or rub it strongly,as the whole process may be therebyrendered useless by the destruction of the spermatozoa. Prom much

personalexperienceI can recommend the method proposed byKoblankt as at once the best and simplest.A pieceof the linen

containingthe suspectedspot is cut out and placedin a porcelain

saucer containinga few dropsof cold distilled water, the Hnen is

then to be thoroughlymoistened by gentleand careful pressure and

moving about with a glassrod,after a quarterof an hour a singledropof the water is to be gentlysqueezedby the fingerfrom the

linen upon a clean glassslide,and should the stain have been trulyseminal,the zoosperms will be at once readilyrecognisedon bringingthe shde under the microscope.Inexperiencedpersons may no

doubt be deceived by the presence of epithehalceUs,the fibres of the

Hnen, "c., but whoever has onlyonce seen a singlecharacteristic

spermatozoon,dead or alive,can never be deceived again. I have

recognisedthem even after the lapseof an entire year, and thereby* Annales d'Hygi^ne publ.1858, X. s. 406.

t On the Diagnosis of Seminal Stains. Casper'sVierteljschft.iii.s.

140.. .

206 " 46. ON SULPHURIC ACID STAINS ON STUFFS.

determined the existence of a seminal stain. Bayard^states that he

has recognisedthem after three years, and Bitterfeven after four

y^ars, which is perfectlycredible,presupposingalwaysthat the linen

duringthat longtime has not been much rubbed or handled,because

the forms of the zoosperms will be therebydestroyed.After a

considerable time,indeed,theyfallto piecesof themselves,and then

nothingis commoner than to find onlymutilated specimens,headsand filaments separate,but one singleperfectzoosperm givescomplete

certaintyas to the actual presence of a seminal stain. If the careful

examination of an experiencedeye has failed in detectinga singleanimalcule,after repeatedexamination, the medical juristmustdeclare that whatever may be the probabilities,no evidence exists to

prove that the stain examined has been caused by semen.J

^ " 46. Investigation of Stains of Sulphueic Acid on

STUFFS.

We have particularlymentioned sulphuricacid because it is the

poisonmade use of in an overwhelmingmajorityof the cases of suicide,

and of the murder of new-born infants and young children by their

unnatural mothers (occurringin Prussia). A completehost of

cases of the latter kind have come under my observation. Under

this head we must also reckon those cases in which the attempthas

failed,and those in which the child havingonlyswallowed a few

drops,has vomited,and obtained speedymedical aid from absorbents,

"c., and either recovered or died after the lapseof a long time ;

cases in which perpetratorstoutlydenies her giiilt,and in which the

onlyevidence againsther is stains or holes in the child^s clothing.Por in such cases as prove fatal onlyafter a protractedillness,the

autopsyitself,inclusive of the chemical analysisof the contents of the

body,may failin affordingany evidence of the poisoning(Vid. " 34.

SpecialDivision).Should the stains or holes reallyarise from the

action of sulphuricacid,tliisis in generalvery readilydetermined.

The stained or corroded spots are cut out and digestedin cold

distilledwater, we thus obtain a fluid whose reaction is stronglyacid,and by addingto it a solution of nitrate of barytaor of acetate of

lead,we obtain in either case white precipitateinsoluble in nitric

* Annales d'Hygienepublic[ue,1839, Juli.

t Op. cit. p. 224.

X The subjectwill be further illustrated in the BiologicalPart," 16.

" 46. ON SULPHURIC ACID STAINS ON STUFFS. 207

acid. Ifwe

add buta

few drops of the acid solution tlius obtained

to adilute solution of

sugarand evaporate the mixture in the water-

bath to dryness, acoal-black residuum results

;these tests, there-fore,

as simple as they are inexpensive, afford perfectly certain proof

of thepresence

of sulphuric acid.

208. INTERNAL INSPECTION. " 47. (a) CRANIAL CAVITY.

CHAPTER lY.

INTERNAL INSPECTION." (DISSECTION.)

Statutory Definitions.

{Fid. "" 159, 163, 164, 165, 166, and 167 of tie Code ofCriminal Procedure, and the ''Regulations"alreadygivenat J". 83, 8fc.)

" 47. Peactical part op the Dissection [a).Cranial Cavity.

When both the front and the back and every individual part of

the body has been carefullyexamined with due regardto those

pointswe have alreadyconsidered,we proceedto dissect it. Properillumination is a most importantrequirementin this matter, artificial

lightbeing a most unsatisfactorysubstitute for daylight,because

many thingsthat we look for can onlybe recognisedby their colour,

which is often materiallyaltered in appearance by the nature of the

lightit is viewed in. Nevertheless,in cases of necessity,artificial

lightis alwaysto be preferredto an insufficientamount of daylight.In every case that cavityis to be firstopenedin which there is the

greatestprobabilityof findingthe cause of death,whether that pro-bability

arise from any evident injury,or from generalcauses alone,

as for example,we must firstopen the chest in those supposedto be

suffocated,and the beUy in those supposedto be poisoned,"c. In

the case of new-born children alone we must make this difference,that

in every such case the abdomen must be firstopenedin order that

the natural positionof the diaphragmmay be observed undisturbed.

In all other cases it is better to commence with openingthe cranial

cavity,were it for no other reason than merelyto postpone till

nearer the end of the examination those evil smells to which the

openingof the other cavities generallygiverise. In " 13 of the

" Regulations" the best method of openingthe cranial cavityis

described,and to this descriptionI now refer,onlyremarkingthat

injuries,and even comminuted fractures of the skull,should make

no alterationin this method, as the internal operationand relation

INTERNAL INSPECTION. " 48. (6)NECK AND THORAX. 209

of such injuriesare best observed by opening the skull in the

ordinarymanner by a cii'cularcut of the saw. In two very horrible

cases of robberyand murder, the publicprosecutor,who was presentat the dissection,was seized with the happy idea of orderingus to

prepare and preserve the comminuted skulls of the murdered men,

so that the injuriesmight be subsequentlybroughtbodilybefore the

eyes of the jury,and a verdict of guiltymade all the more certain.

The skulls were macerated,bleached and dried in the usual manner,

and placedat the time of the trial on the table alongwith the other

corpora delicti. The iajuriesdone to them were pointedout to the

jury,and tliisprocedure(mostworthyof imitation !) did not fail in

producinga proper effect upon their minds. In examining the

skulls of new-born cliildren,no circular cut is generallynecessary, as

in such cases the blade of a pairof scissors may be passedthroughthe sutures not yet closed,without injuryeither to the brain or

its membranes" these may then be easdydivided and the bones

pressedaside. In examiningthe base of the skull for any injuriesthat may exist,we must not omit to remove the periosteum,as other-wise

small fissuresmay easilyescape observation. An exact anato-mical

dissection of the brain is never requisite,and we must never

forgetthe specific(judicial)purpose of the dissection,in relation to

which bodies,such as the pinealgland,the olivarybodies,"c., are

of no consequence whatever. As the regulationsprescribe,it is

quitesufiicient to layopen and inspectboth the cerebrum and the

cerebellum,the ventricles,particularlythe lateral ventricles,with

their choroid plexuses,the pons Varolii and the medulla oblon-gata,

allthe sinuses and the whole of the bones of the skuU.

" 48. Continuation. " ilj)Neck and Thoeax.

" 13 of the Regulationsprescribesthat the examination of the chest

is to be precededby that of the neck,in which the larynx,the trachea,

the "esophagus,the largeblood-vessels and the cervical vertebrae

are the chief partsto be examined. In such cases, as it may appear

necessary, " e. g., in cases of presumedsuffocation by some foreignbody,or of probablepoisoningby corrosive poisons,the fauces,the cavityof the mouth, and the tongue should now be carefullyexamined. The method of openingthe thorax prescribedin the

regulationsis the simplestand most convenient {Vid.p. 90). I sub-join

a method of procedurewhich I have for a longtime employed.

210 " 48. (b) EXAMINATION OF THE THORAX.

and cannot sufficientlycommend in cases of supposeddeath from

suffocation. It often happens,for instance,that in cases in which we

should from other circumstances expect to find watery or bloodymucus mixed with air in the trachea,we find nothingat all,but the

tube quiteempty. In such cases, then,I recommend pressure to be

made, carefullybut somewhat forcibly,upon the upper partof both

lungslyingas yet untouched in the openedthorax,and very fre-quently

we therehysucceed inforcingfrothyor bloodymucus out of the

bronchi into the trachea,and so enrich the results of the post-mortemexamination with this most importantsymptom. This method of pro-ceeding,

as also the followingmethod recommended by me for the pur-pose

of determiningthe amount of blood contained in the heart,form

now a part of the New " Regulations.''^It is perfectlyimpos-sible

to determine exactlythe amount of blood contaiaed in the

heart on the one hand, or in the lungsand largeblood-vessels on the

other,without the use of such ligaturesas are customarilyemployed

previousto the applicationof the hydrostatictest in new-born children,

because " especiallywhere the blood is peculiarlyfluid,as itusuallyis

in those cases in which it is of most importanceto determine the

respectiveamount of blood contained in these organs, viz.,in cases

of suffocation " every cut into one of these organs permitsthe escape

of blood out of the others. In order to preventthis,it is indispen-sably

necessary in such cases to examine the heart first,and in doingso to leave it lyingin its natural horizontal positionand to open it

by making a lateral longitudinalincision on both sides,therebyob-taining

a distinct idea of the actual amount of blood in allthe cardiac

cavities;the lungsare next to be cut into,and the largeblood-vessels

openedlast of all; and by proceedingthus we shall best obviate the

difficultydescribed,where we do not wish to applyligatures.In

the case of wounds that apparentlypenetratethe thorax,the wound

itseK must of course be examined as far as possiblefirst of all,

and before any of the organs are disturbed,because the manipulationof the organs, and the tearingand openingup of the thorax may very

readilyproduceimportantalterations in the form and size of the

injury.

" 49. Continuation. " (c.)Abdominal Cavity.

I have nothingof consequence to add to "" 14 and 15 of the re-gulations

which relate to the examination of this cavity.The order

212 " 50. PROTOCOL OF THE DISSECTION.

CHAPTER V.

MINUTE OF THE EXAMINATION OF THE BODY

(OBDUCTIONS PROTOKOL).


{Ftd. "168 of the Code of Criminal Procedure (p.85), and

"" 19-21 inclusive ofthe Regulationsannexed (pp.92-93).

" 50. EoEM AND Contents.

We have so often experiencedthe difficultythat neophytesin judicialmedicine find in understandingthe difference between these perfectlydistinct documents, the minute of the examination (obductions-

protokol),and the reportof the same (obductions-bericht),that we

hold it to be perfectlynecessary to describe their nature somewhat

in detail.* The minute of the examination is the work of the pre-siding

legalofficial,the reportof the examination,that of the medical

inspectors.The minute of the examination is written at the time of

dissection and duringits progress, the report of the examination is

written by the physicianin his study,often months after the dissec-tion.

In the minute of the examination,circumstances are often

included which have no connection with the scientificexamination of

the objectin question(thecorpse),e.g., the recognitionof the body;the examination of those witnesses that have found the body;the behaviour of the suspectedmurderer when firstconfronted with

the corpse ; the orders for the burial of the body givenat the close

of the document, and many other circumstances of a similar nature.

The reportof the examination is,on the contrary,a purelyscientific

treatise upon the questionat issue,the materials for which have been

furnished by the results of the examination. In one word, the

* In particular,it is one of the most common mistakes in the written

examinations of the candidates for the office of (district)physician,who are

aU, without exception,required to draw up"

a report of a medico-legal

examination accordingto the form prescribed,"that they confound and mix

up minute and report with each other,"c., and thereby draw down upon

themselves the censure of the examiners (theRoyal ScientificCommission).

" 50. PROTOCOL OF THE DISSECTION. 213

minute of the examination,like every other judicialprotocol,is a

mere ''memorandum/' in which is registeredevery occurrence at

the time appointedfor the examination by the judicature,and which,

of course, also includes the report of the dissection;and thence it

arises,that circumstances whollyunconnected with the objectof the

judicialphysician,as the evidence of witnesses,"c.,are alwaysgivenat the commencement more or less in detail,and form as it were the

introduction to the minute (ofthe dissection); and onlyafter the

presidinglegalof".cialhas furmshed these preliminariesdoes he call

upon the medical inspectorsto proceedwith their partof the work,

and to dictate the results. The mode in which this is to be done is

sufficientlyaccuratelydescribed in the ("")sections of the Eegula-tion we have alreadyquoted. Now, however,I would again [Fid.

" 23, page 56) most earnestlywarn againstthe insertion into the

minute of any matter not pertinentto the subject,such as want of

knowledge,inexperience,over-anxiety,pedantry,and misapprehen-sionof the objectof the entire of"cial proceeding,onlytoo often

introduce. We must alwaysand without any exceptionever re-member,*

that the dissection of the body is a judicialone, i.e.,

undertaken for certain judicialobjects.Whatever,therefore,has no

relation with these,even pathologicalproducts,if unconnected with

the judicialobjectin question,must be, if not entirelyomitted,atleast onlyenumerated summarily. Where, for instance,a man has

died from beingshot throughhis liver,or stabbed in the aorta,it is

not necessary to describe with pathologico-anatomicalexactness a

tubercular condition of liislungs,or a cirrhosis of his liver,or such

like,which may possiblybe present,but which, whether present or

not, can have no influence in the matter viewed from a ju^cialpointof view. The simplestatement: " ^''The lungs were strewn with

*tubercularmasses," "c.,wiU. be perfectlysufficient in such a case.

The same remark holds good in respectto rare pathological-anatomi-calconditions,as the anormal positionof internal organs or vessels

their completeabsence,rare forms of tumours, "c.,providedthese

conditions have no connection either with the death of the deceased

or the judicialobjectof the dissection. The medical juristmay pre-serve

for his own privateuse, the most accurate descriptionsand draw-ings

of any such objectof interest;but onlya summary notice at

the most, and never any accurate description,is allowable within the

* Even in tlie Examination Papersin which these rules are so often sinned

against !

214 " 50. PROTOCOL OF THE DISSECTION.

judicialminute of the dissection. Such an accurate pathologicaldescriptionis onlythen permissible,or rather requisite,when the

judicialobjectof any dissection is to obtain matter whereon to

ground an indictment for unscientific medical treatment ; in such a

case the stageof the tuberculosis,or the discoveryof a tumour

whose diagnosisduringlife,must have been invested with difficulty,

may be of the utmost importance,and their accurate descriptioninthe protocolis therefore necessary. But such cases are extremelyrare. Another speciesof what the regulationscall undue " prolixityof detail,"is apt to arise from embarrassed and inexperiencedmedical

inspectorsdictatingfor insertion in the protocoltoo minute a

descriptionof the body,embracingthingsthat have not the most

remote connection with the matter in hand. In Prussia the regula-tionsmost judiciouslyno longerrequire,in the case of known bodies,

any descriptionof the lengthof the body,the colour of the hair or

the eyes, or the estimation of the age ; and itis far more irrelevant,par-ticularlyfor medical inspectors,to enter upon such matters as the form

and size of the whiskers,the shapeof the nose, the lengthof the penis,"c. Amid the waste of numerical paragraphsin the protocolof

such an examination,the actual results are whollylost. Experienceteaches us, that in generalevery pointof any judicialimportancemaybe fullyand efficientlycomprisedunder from thirtyto fortynumerals,or in the case of new-born cliildren some fiftymay be required,inorder to embrace fullyand comprehensivelyall those pointshavingrelation to the hydrostatictest. Where many external injuriesexist,which must be separatelydescribed,as many as seventy or eightynumerals may indeed be required,but protocolscontaininga hun-dred

and more numerical paragraphs,in all but the rarest cases

betrayby that very circumstance their inaccuracy,because, they

therebydemonstrate that the medical inspectorsmust either have

transgressedthe rules we have justlaid down, or improperlydivided

thingsnaturallyconnected,such as enumeratingunder six or eightdifferent numerals the results of the dissection of one healthyand

uninjuredorgan. I have stillone other frequentblunder to refer to.

The protocolof the dissection is intended to describe the actual re-sults

of the medico-legaldissection,to supplyas it were a picturein

words of these results to the legaldocuments. A description,how-ever,

involves no opinion,and the protocolof the inspectionought

not, therefore,to contain any opinion.Very frequently,however,the

medical juristsmake use of such expressionsas implynot a descrip-

" 51, SUMMARY OPINION. 215

tion mereljjbut also an opinion,particularlyin the case of existinginflammations and their results. !Por instance,instead of dictatingthat the peritoneumis of a cinnahar-red,and its finervessels injected,they dictate "the peritoneumappears to be inflamed."Such an

expressionis all the more improper,that it precludesany control

from the other medical courts,inasmuch as theydo not, and cannot

know what the inspectorshave reallyseen, and upon what theyhavefounded their opinion,or conclusion as to the existence of "inflam-mation."

Might not, for example,the phenomena observed have

been those of internal hypostasis? or of putrefaction? It is worse

stillwhen the inspectors,instead of givinga descriptionof what theyhave seen, dictate perfectlygeneralopinionsin their protocol:the

clerk may, for instance,have written most impartiallyto the dicta-tion

of the physician:"

" (8.)Eound the neck there was the mark of

a cord,which had quitethe appearance usuallyfound in those who

have been hanged.''Such an opinion,with completeomission of

every descriptionof what was found, must be at once seen to be

perfectlyworthless by every one who reflects on the matter at all.

" 51. Continuation. " The Summaey Opinion.

When the examination of the bodyisover, itsdissection concluded,and there remains nothingmore to registerunder that head, the

medical juristshave at the end of the technical part of the protocolto dictate their provisionalor summary opinion;that is,to state

shortly,and without any scientificreasoning,their opinionas to the

results of the dissection,as it were in answer to the question," What

is the presentstate of the case in the eye of the law ? " This pre-liminary

opinionis intended to guide the Judge in the proper

direction,and givehim a clue in further conductingthe preliminaryinvestigations.Frequentlythis opinionalone will suffice to quashthe case, as, for instance,when the suspicionsat firstentertained,that the deceased had died a violent death, are set at rest by the

results of the dissection,while, on the contrary,the law is often

stirred up to a more energeticfollowingout of the matter. The

provisionalopinion,therefore,as weU as every other medico-legaldecision,must be givenas decidedlyas possible,because any doubtful

or hesitatingstatement must naturallyprove unsatisfactoryto the

Judge. I say, as decidedlyas possible,because cases not unfre-

quentlyoccur in which it is impossibleto givea perfectlydecided

216 " 51. SUMMARY OPINION.

opinion,particularlyat tliatearlystageof the proceedingsat which

the dissectionusuallytakes place,where, in most cases, many facts

having an explanatorybearing on the case have not yet been

broughtforward. If,however, the objectsof the medico-legalex-amination

he onlykeptconstantly'inview, as theyhave been described

in the firstthree chaptersof the first part of this book, a perfectly

unsatisfactorydecision is not very likelyto be the result. Of these

objectsthe determination of the cause of death (" 23 and " 24) is

the most common, and is alwaysthe most important; therefore,the

summary opinionmust commence first of all by statingin what

manner the deceased has met his death,exceptingonlyin the case of

the bodies of new-born children,in which the questionsrespectingthe uterine age of the child and itslive birth must firstbe disposedof.

Inexperiencedpersons are now apt to be plungedat once into a

dilemma, inasmuch, as in not a few cases the specialcause of death

is not discoverable by dissection. Slow fever,most chronic diseases,

convulsive diseases,"c.,leave behind them no traces in the body,wherebytheir pre-existencemay be diagnosed. In such w case, how

can the medical juristdetermine the cause of death ? In the simplest

manner, I repeat(Fid. " 23),if he will onlycontinuallyremember the

judicialobjectof his task : viz.,by statingin the summary opinionre-specting

every such case," that the dissection has broughtto lightno

trace of a violent death,and that the deceased must be assumed to have

died from internal disease;"the objectof the investigationis there-by

fullyrealized,and the Judge satisfied,because he being only

interested in death from violence,is perfectlyindifferent whether

death has arisen from fever,convulsions,or old age, "c., provided

onlyit has been from natural causes. Should,however, the medical

inspectorshave reason to regardthe death as havingbeen produced

by violence,they must in their provisionalopinionsummarilydescribe the nature of that violence e. g., the death was caused by

asphyxia,which was producedby strangulation.It is not alwayspos-sible

to givesuch a decided opinionfrom the results of the dissection

alone,and this must then be stated as more or less probable,reserving

a more decided opiniontillmore correctlyinformed as to the nature of

the case, by chemical analysisof the contents of the intestines,by ex-amination

of the mother of the new-born child dissected,or by inspec-tion

of the documentaryevidence,"c. In generalitisbetter for the

medical juristin his summary opinion,to content himself with giving

his views on the two pointswe have referred to, and to await farther

" 51. SUMMARY OPINION. 217

inquirieson the part of the legaloificialpresent. This procedureis

ihuch more prudentthan the oppositeone of bringingforward a mul-titude

of questionswhich have either no interest at all for the Judge,and are consequentlyirrelevant,or which onlyunnecessarilycomplicatethe matter. If the Judge be not suihcientlyenlightened,he will

never fail to ask specialqueriesof the medical inspectors,supple-mentaryof their summary opinion; and we have often had six,eight,

or more of such queriesto answer in importantcases. The next

questionin cases of fatal injuryis one wliich the Judge is bound bylaw to ask (CriminalCode, " 162, p. 84),and respectsthe weapon

"with which the injuryhas certainlyor probablybeen in"icted. This

questionwe have alreadyconsidered in "" 34-41. But, accordingto

the manifold complicationsof the cases which occur, a hundred

separatequestionsmay arise which the medical inspectorsare ex-pected

to answer. Such questionsrespectthe positionof the deceased

at the time he received the injury; the positionof the culpritat the

time of its infliction; the probabletime of death ; the questionwhether the case is one of murder or suicide ; whether one or more

have laid hands on the deceased,"c., numerous examplesof which

are detailed in the cases related in " 41. It happensvery often in

such cases, that an answer can only be given with more or less

probability,and in many such cases it is advisable to give the

medico-legalanswer a negativeform, since this is not onlyfounded

in truth and in accordance with science,but also leaves un-fettered

the further medical investigationof the case, I mean an

answer, such as this for example" '''that the dissection has not

supphed any facts which exclude the suppositionthat, "c." In

other cases, and where such an answer is not possible,we must not

hesitate to declare our incompetence,and reply,that the dissection

has not afforded any information on the pointin question,or that it

could not have givenany. Such a procedureis every way more

conscientious,more honourable, and more prudent,than a reck-'

less answer, which will by-and-bybe found to be devoid of any

foundation iu science or experience.In not a few obscure and difficult cases an absolute declaration

of incompetencemay stul be averted,by the medical inspectorsre-questing

from the presidinglegalofficialaU those particularsof the

case, which, even at that earlystageof the proceedings,he may be in

a positionto give. " 7 of the New " Eegulations" empower the

Prussian medical juristto make this reasonable request,while the

218 " 51. SUMMARY OPINION.

Austrian regulationsexpresslyenjointhe medical inspectorsto make

it;,and no Judge will refuse to communicate all that is known to

him ; for example,regardingthe placethe body was found, the time

when this took place,the condition of the clothing,the statements of

those few witnesses who may have been alreadyexamined, "c. ; and

this information may often be sufficientto decide the medical juristsin formingtheir opinionof the case. Por, it is not the intention of

this importantproceedingto propound riddles to the medical men,

the solutions of which the Judgealreadypossesses, but both have the

same interest in clearingup an obscure or stillimperfectlyexplained

case, and the time when medical men were strictlyconfined to the

results of the dissection,which, as we have said,are often enough

negative,and prohibitedfrom making use of information obtained

beyondthe cognizanceof their own peculiarsphere,lest theyshould

suffer themselves to be misled,lies far behind the presentpositionof

medical jurisprudenceand of legislation.In regardto this subject

we must not forget,that now most cases of medico-legalautopsies,after the preliminaryinvestigationsare concluded,come to a publicand oral trial,during which the medical inspectorsmay hear the

whole matter graduallyunfolded. The summary opinionis in every

case onlya provisionalone, and in subsequentlygivingtheir reasoned

opinion("53),the medical inspectorsare not to be bound by it.

But deviations and contradictions between these are for obvious

reasons as far as possibleto be avoided ; and,in regardto this,I will

stillpointout two circumstances which may readilylead to a hastydecision at the time of the autopsy,wliich must be retracted in sub-sequent

opinionswhen more accurate information has been obtained.

Subordinate policeofficials,"c.,who have assisted at the removal of

the body, are frequentlypresent as witnesses at the time of the

autopsy,and givetheir view of the case. Experienceteaches that

such individuals are generallyfuU of prejudicein their statements and

views,theysay theyhave seen stains,marks of strangulation,blood,

wounds, "c.,which are not to be found on the body;theyhave seen

the new-born child moving convulsively,"c. Such evidence must be

received by the medical men with the utmost caution,it rests upon

erroneous observation and preconceivedopinions. In other cases,

the statements of the accused,present at the autopsyto identifythe

body,occasion the expertsto givean erroneous opinion.Once for all,

I would most urgentlyadvise medical juristsalways,and not onlyat the dissecting-table,to use the statements of the accused with the

220 CASE LXXIX." SAMPLE OF PROTOCOL.

fortyyears old,well-nourislied ; has an abundance of ligM-brownhair,the eyes are blue,and the tongue lies behind the teeth. The tongueis covered with mud, particularlytowards its point.

(2.)Eigor mortis does not exist.

(3.)The colour of the body is the usual corpse colour,onlythe

abdomen is green from putrefaction,and the whole countenance red

from post-mortem staining,provedto be such by incisions."^

(4.)About the middle of the forehead there are two spotssituate

one above the other,of a reddish-brown colour incHningto yellow,hard to cut,roundish in form, and about three-quartersof an inch

in diameter. Incision tliroughthese spotsbroughtto lightno ex-travasation

of blood.

(5.)The ridgeof the nose displayedthe same condition abeadydescribed under No. 4.

(6.)The posteriorsurface of the upper extremities,several partsof the face,also the back of the body,are soiled with mud.

(7.)The hands and feet are bluish,and both, but particularlythe former,displaylongitudinalcorrugations,especiallyon the fingers.

(8.)The skin on the inferior extremities,and on the rightarm,displayedthe condition termed cutis anserina.

(9.)No foreignbodies are found in the natural cavities,with the

exceptionof some mud removed from the fauces.

(10.)At the external angle of the left eye, after removal of the

mud, a dark bluish-red coloration of the upper and under eyelidsbecame visible,which when incised,betrayeda triflingextravasation.

(11.)The neck and sexual parts are natural,and there appears

nothingelse to remark on the external surface of the body.

B. Internal Inspection.

I. Ojjeningof the Cranial Cavity,

(12.)The soft partscoveringthe cranium displaynothingun-usual.

The skull-bones are uninjured,and are of the unusual

thickness of three lines.

(13.)The vascular meningesdisplaya visible,but not extraordinary

degreeof congestion.

(14.)The brain is firm but not much congested.* The deceased was found dead, lying on his face,and with it half im-mersed

in a shallow,muddy puddleclose to the bank.

CASE LXXIX." SAMPLE OF PROTOCOL. 221

(15.)The lateral ventriclesare tolerablywell filledwith serum, the

choroid plexusestolerablycongested.

(16.)The cerebellum is quitenormal.

- (17.)This is also the case with the pons Varolii and the medulla

oblongata.(18.)All the sinuses are much congested.

(19.)The basis cranii is uninjured,and there is nothingelse to

remark in regardto the cranial cavity.

II. Openingof the Thorax.

(20.)All the organs are in their natural position.The rightlungis partiallyconnected to the ribs by means of old adhesions ; both

lungsare darker in colour than usual,completelyjfillingthe thoracic

cavityand are very full of blood, without being excessivelyso.There is no water in the lungs.

(21.)The largeblood-vessels are also not unusuallycongested.

(22.)In the pericardiumthere is the usual quantityof fluid.

The coronary vessels of the heart are very stronglycongested,and

the rightside of that organ is turgidwith dark and perfectlyfluid

blood,wlule the left is empty.

(23.)The trachea and larynxare empty and in no respectanor-mal

; muddy mucus flows downwards from above duringthe exami-nation.

(24.)The oesophagusis empty.(25.)In the left pleuralcavitythere are about three ounces of

bloodyfluid.

III. Openingofthe Abdominal Cavity.

(26.)All the organs occupy their natural positions.The stomach

is full of a greenish-yeUowwateryfluid,in which the remains of

food and some mud can be recognised,iu other respectsit is

normal.

(27.)The pancreas is normal.

(28.)The liver is stronglycongestedwith dark fluid blood,the

gall-bladderis full.

(29.)There is nothingremarkable about the spleen.

(30.)The mesenteries and omenta are very fat.

(31.)The kidneysare much congested.

222 CASE LXXIX." SAMPLE OF PROTOCOL.

(32.) In regard to the intestines, wehave only to remark, that

the large oneis full of fgecal matter.

(33.) The urinary bladder is empty.

(34.) Thevena cava

ascendens is tolerably distended, with dark

fluid blood.

At the close of the dissection, the medical inspectors gaveit

as

their opinion : "

(1.) That the deceased had died from apoplexy of the heart and

lungs.

(3.) That death had occurred ina muddy fluid.

(3.) That the deceased must, therefore, have been alive when he

fell into the water.

(4.) Inanswer to a question: the ecchymosis of the left

eye

described under No. 10, is not to be regarded as a causeof death.

r. a.s.^ *

(Signed) Casper. (Signed) L"tke.

a. u.'

"s. t

Jordan. Bidault.J

* Readover "

approved"

signed. The German, lettersare v. g. u. : "

Vorgelesen, genehmigt, unterschrieben.

f Actum ut supra.

X Theseare the signatures of the legal official present, and of the sworn

clerk who drewup

the minute.

REPORT OF THE DISSECTION. 223

CHAPTER YI.

THE REPORT OF THE EXAMINATION OF THE BODY

(0BD"CT10NS BERICHT).


{Vid.Code of Criminal Procedure,"" 169-171, and "Regulations,"

" 22, pp. 85-86 and 93.)

Code of Criminal Procedure, " 172. When the contents of the

reportof the examination of the ladydiffermateriallyfrom the con-tents

of the minnte of the same, the expertsmust be requiredby the

Judge to exjilain,in writingor orally,the reasons for this diff'erence." 173. Should the differenceor contradiction not be satisfactorily

removed in this manner, the statements contained in the minute

[protocol)of the examination, are to he assumed as the most correct

when the matter has referenceto the statement of the facts.Should,

however, the differencebetween the rejportand the minute have

referenceto any opinionfounded upon these facts,and have an im-portant

bearingon the decision of the case, it must be referredto the

medical collegeofthe provincefor their advice.

"174. The advice of the collegeshall also be sought: " (1.)whenthe medical inspectorsdo not feel comjoetentto deliver a decided

opinionin the matter ; (2.)when theydo not agree in their opinion,and (3.)when in the reportgivenin there are such obscurities and

contradictions,as theyfindthemselves incapableof satisfactorilyre-moving,

whereby there arises in the mind of the Judge a well-

foundeddoubt as to the correctness ofthe opiniongiven.

" 175. In such a case the Judge must lay beforethe medical

collegedistinct questionsto be answered,and to enable them to under-stand

the whole matter, must therewith transmit to them all the

documentaryreportsofthe investigation.

" 176. The medical collegeis enjoinedto attend to such a requisi-tionwithout loss of time,and to deliver an opinionsupportedby

scientificreasons.

224 " 52. FORM AND CONTENTS OF REPORT.

" 177. Iti hnjjortantcases it is open to the Judgefor his own satis-faction

to referthe matter to the SuperiorMedical Collegeat Berlin^

for their opinion.Circular rescriptof the minister for Ecclesiastical,Educational,

and Medical "ffairs,of^Wi May, 1850 ; "

Complainthas been made hy the courts ofjustice,that all district

physiciansare not equallypt'i'omptin givingin their reports,lut that

some are guiltyof very serious jorocrastination,even in matters con-nected

with iraprisonment.To prevent similar complaintsin future,I ordain that in matters connected with imprisonment,the reportmust

he givenin at the latestfoitrweeks afterthe copy of the minute ofthe

examination has heen givenout,where the court has not expresslyfixeda shorter time. This is to he communicated to all districtphysiciansfor their observance. Where this time is not adhered to,the govern-ment,

on the court bringingit beforetheir notice,must, afterascer-taining

the circumstances,proceed energeticallyto put in execution

the pt'U'nishmentsordained.

" 53. Poem and Contents.

The Report of the medico-legalexamination [visumrepertum)

is^as we have alreadysaid, a purelyscientific treatise upon the

questionat issue,for which the dissection has supphed the

materials ; a detailed and practicalapplicationof the laws of judicialmedicine bearingupon the individual case in point. The Judgeis

therebyplacedin a positionto see the case clearlyin allitsbearings,and thence to gain a clue to guide his further interference in the

matter. The expression" Treatise " is not intended to signifyavoluminous extension of the report; the number of sheets never

indicates the worth and abilityof any composition,even of a medico-legal

one. If the case be uncomplicated,a perfectlysatisfactory

reportmay be comprisedin a few pages ; and in trulycomplicated

cases, by settingaside everythingnot properlybelongingto it,it is

easy to avoid sendingin a completevolume to the court,which never

receives one of that character with pleasure! Moreover, it is never

requisiteto give in a report of the inspection,unless the medical

jurist(includingboth of the medical inspectors)has been specially

requestedto do so by the judicatureconcerned,which requestis

usuallyaccompaniedby the transmission of all the documentary

* At present the Royal Scientific Commission for Medical AflPairs,forming

part of tlie Ministry of Ecclesiastical,Educational,and Medical Affairs.

" 52. FORM AND CONTENTS OF REPORT. 225

evidence pertainingto the case up to that time,or at least of a copy

of the protocolof the inspection.But for this regulationmany a

perfectlyuseless compositionwould be produced,and the publicfunds burdened with the payment of unnecessary costs,since there

are many cases in which the law officers,afterexaminingthe protocolof the inspectionand the provisionalopinionappendedthereto,de-cline

the further prosecutionof the case, and repone the documents.

Written reportsare in other cases also,frequentlynot requirednow,because the judicaturereserves to itseK the rightof takingthe

opinionof the medical inspectorsviva voce, in the course of their oral

examination upon the matters connected with the examination of the

body.The written reportof the inspection,like every other report,has

a certain formal mode of commencing ; as it is nothing but a simplebusiness report,it is perfectlysufficient to beginit thus :"

" In the

matter regardingN. N., at present under investigation,the sub-scribers,

in conformitywith a requisition,dated the inst.,begto

forward the followingreportof the medico-legalexamination." The

ancient formula :"

" Upon the requisitionof the Court, dated

,the subscribers proceededon the to in order to make

a medico-legalexamination of the body of. They there met

with the legalofficials,""c., "c., is an obsolete,heavy,legalform,

perfectlysuper"uoiisand thereforeto he set aside!*'

Next there follows a historical relation of the facts of the case,

embracingthose pointsmost importantin a- medical pointof view

(historicalnarrative,species facti),extracted from the documentaryevidence,alwaysprovided,of course, that these documents have been

communicated to the medical inspectors.It is never in any case

incumbent on the medical juristto supplementthe documentaryevidence by interrogatingthe accused himself,or any of the witnesses

known to him, "c.,unless he be in particularcases speciallyautho-rized

by the Judge to do so, which can scarcelyhappen in any case

of medico-legalinquiryinvolvinga dissection " but may occur in

inquiriesrespectingthe condition of the mind ; or in regardto women

recentlydelivered,in cases of child-murder. On the other hand, the

medical inspectorsare permittedto direct the attention of the Judgeto the absence of any necessary information from the precognitions

up to that time,such as the want of a chnical reportof the illnessof

* This has been done in " 22 of the New Prussian Regulationssince the

above was written.

226 " 53. THE REASONED OPINION.

the deceased "c.,and it is the business of the Judge to supplythis

deficiencybefore the reportis drawn up. The narrative must be as

short and concise as possible,all the more so, that it is alreadyweU

known to the Judge, and is onlyquotedby the medical inspectors

because they may have occasion to refer to it in the course of

deliveringtheir opinionregardingthe case.

Then follows the anatomical part of the report,in the compositionof which the Eegulationsvery properlydirect that the protocolof

the examination is to be followed,as far as possible,word for word ;

this of course refers onlyto that portionof its contents necessary

for the elucidation of the case (not in extejiso); and the numerals in

the reportmust correspondwith those in the protocol,any deviation

from the latter beingexpresslypointedout. This correspondenceis

easilyattained;since the medical inspectorsreceive a copy of their

protocol,or may obtain ic on request; there is no legalreason for

refusingsuch a request,and the Judge will never decline to complywith it.

" 53. Continuation. " ^The Written Seasoned Opinion.

The second and most importantpart of the reportcontains the

opinionupon the case. It is presupposedthat both the medical

inspectorshave come to an agreement respectingthe contents of the

report,wherefore it is written throughoutin the plural,and the

report is signedby both. Should they,however, not be agreed,

the second medical inspector,the district surgeon, or his me-dical

substitute,is not onlynot preventedfrom givingin his own

report,but it is his dutyto give in his own opinionregardingthe

case, separatefrom that of the physician.This opinion,in contra-distinction

to the provisionalor summary opinionof the protocol,

must have all its most importantpropositionsand assertions sup-ported

by scientificreasons. Medical juristswho have not yet had

opportunityto acquirethe perfectconfidence of their forum, will do

well to supporttheir assertions by quotationsfrom kiiown authorities.

Scientificreasons must, however,never be confoundedwith scientificdi-gressions.

Theoretical discussions,or the statement of scientifichypo-theses,"c.,whichso frequentlyoccur in medico-legalreportsare wholly

improper,because they are confusingand unintelhgibleto the vulgar;the proper mean cannot, however, be taughthere ; the sound judg-ment

of the author of the reportmust teach him the bounds within

228 " 53, THE REASONED OPINION.

to the questionpropounded,that such could conscientiouslybe given,

were there not others wantingwhich would be requiredto supplementthe evidence,or were there not in truth others existingdirectlyop-posed

to such an affirmative. In such cases, there are two ways of

decidingthe question,either an affirmative is whollywitliheld,and it

is assumed that there is a" probability,"'or a

'' greatprobability,"or

"2^. probabilityalmost amounting to certainty,"''that what would

under other circumstances have been distinctlyaffirmed has occurred,

e. g.y that the deceased has been drowned. Or a negativeopinionis

given,it beingstated that the dissection has revealed no results in-consistent

with the opinionthat so-and-so has happened,e. g., poison-ing,or suicide. I frequentlyemploythis latter form in cases of this

kind ; it recommends itselfby its being perfectlypractical; by not

burdeningthe conscience of the physician,since he can alwaysjustifywhatever statements he makes in this manner, and it also in general

suffices,as I can testify,both Judge and prosecutor,who can supple-ment

the evidence thus declared defective,by other means which stand

at their behest " such as the testimonyof witnesses,"c. " and thus

completethe proof. Moreover, when such cases are followed out

and broughtto trial,the medical inspectorsthen learn a number of

facts,previouslyeither unknown or seen in a different aspect,and

which enable them to give a more positiveform to their previous

negativeverdict,without contradictingitsterms. To carry in doubt-ful

cases your negativeassertions any further than what we have just

pointedout, is to yieldto a spiritof undue scepticismfatalto the

practicalutilityof legalmedicine. Experienceteaches us that

judicialphysicians,in dehveringtheir opinions,onlytoo often err

throughexcessive scepticism,an error which cannot be too carefully

avoided. Not onlyto the positiveteachingof the schools,but also

to a healthymind, must be conceded the honour of beingthe source

of successful and correct judgment,not onlyin ordinarymedical,but

also in medico-legalpractice! Keepingto the instance of death by

drowning,it is certainlytrue, that under many circumstances " by no

means under all,as we shall show under "" 53-55 of the SpecialDivision " its occurrence isonlysubstantiated with difficulty.In such

a case, the physician,text-book in hand, is perfectlyin the rightwhen,

in his opinion,he laysdown the reasons why it cannot be proved

that the man, whose body has been taken out of the water, has fallen

alive into it and been drowned, but that this must remain undeter-mined.

I win say nothingof the fact that such an opiniondoes not

" 53. THE REASONED OPINION. 229

aid the Judge,but leaves him helpless,since the physicianneed not

trouble himself about the consequences of his views,providedalwaysthat these are in every respecttenable. But, is it justifiableto set

forth such a testimonium paupertatisas that givenby the judicial

physicianin thus wording his opinion,which is but another way of

saying," I do not know how this man came by his death.'^ Is this

declaration of incompetencewarranted? Certainlynot. In the

first place,it has been ascertained that the body was taken out

of the water ; but thousands of livingpeoplefallinto the water and

are therein drowned, while in very rare cases onlydo bodies alreadydead find their way thither. There is,therefore,a greatdegree of

probabilitythat the deceased also fellinto the water alive. Moreover,

at the dissection,one, two, or tlireesymptoms alwaysfound in indu-bitable

cases of drowning were discovered,sundry other proofsof a

death of this nature being no doubt wanting. Finally,there was

nothingdiscovered that could justlylead to the suppositionof death

from any other cause than from drowning. If we put allthese tilings

togetherand add to them those innumerable accessory circumstances

which are found in connection with every similar case, it seems cer-tainly

pushingmatters a littletoo far to joinwith a recent,and other-wise

excellent author, and votary of this undue scepticism(Engel),in saying" tellme how a man has died, and I will then explainhis

death from the results of the dissection ! When, on the contrary,

in similar doubtful cases, which often enough occur, we employthe

followingform in dehveringour opinion" " That the dissection has

not revealed anythinginconsistent with the opinionthat, e. g., the

deceased was alive when he fell into the water, and that he has

met his death therein,"I think we shall therebysatisfyat once the

requirementsof science as well as those of a sound understanding.

Cases,such as those we have justreferred to,happen alongwith

others extremelysimple,and permittingof the readiest decision. But

such extreme simplicityleads judicialphysiciansnot infrequentlyinto

erroneous judgments. They seek, where there is nothing to be

found,and suppose it is not possibleat the conclusion of an official

and judicialdissection" which is alwaysinvested with a certain

amount of dignity" ^to state simply,e. g., the man has died from

apoplexy,from natural causes, notliingmore and nothingless.

And so theyenter upon suppositionsand arbitraryconjectureswhich

lead them far astray,which confuse the Judge,and force him to

solicitthe opinionof the highercourts,which is often attended by

230 " 53. THE REASONED OPINION.

no other result tlian the restoringof tlie case to its primitivesim-plicity.

Our superiorscientificmedical boards have this task too

often to perform,for us to omit to warn againstthis fault in the

construction of medico-legalreports; with such faults there iscloselyconnected another " a true mania,possessedby some judicialphy-sicians,

fortunatelynot many, which cannot be too stronglycon-demned,

I mean the passionfor discoveringa crime, A scratch,a

yellowish-brownstain on the body,which theyoften do not suspect

to have arisen after death;features in which their prejudicedeyesread only" anguishand despair"'' a mark upon the neck, which the

experiencedpractitionerascribes to"some simplecause, appears to such

as the mark of a ligature,"c.,and givesthem occasion to write,not

the reportof a dissection merely,but " a veritable romance. In this

theynot onlyclearlymake out from apparentlyscientificreasons the

(non-existent)crime,but theyalso describe,often with considerable

acuteness,and as exactlyas if they had been eye-witnesses,all

the particularsconnected with it, and with the proceedingsof

the " murderer !" I have seen cases in which perfectlyinnocent

persons were by such fantastic medico-legalreportsconsignedto

imprisonmentfor months, and in which the severest reproofsof the

superiormedical boards could afPord no sufficientequivalentfor the

injurydone.

At the conclusion of the medico-legalreport,the decisions come to

in its course are recapitulatedin a short resume, which should give,in a concise and summary form, a full and completeview of the

opinionsof the medical inspectorsrespectingthe case in hand.

Pinally,at the end of the document an ancient formula used to

be appended:"

" In conclusion,we certifythat we have drawn up

the foregoingreportaccordingto the best of our knowledge,con-scientiously,

and in accordance with the principlesof judicialmedicine,^'"c. This lawyer-likeappendixis to be set aside as a

perfectlysuperfluousand self-evident confirmation of the report,and,

like the obsolete introduction alreadyreferred to, has been wholly

disregardedin the Berlin Courts by us and our predecessorsin

officefor more than one generation.Such a certificatoryappendixis,moreover, nowhere prescribedby the statutes. This obsolete

superfluousformula,wliich the newest handbooks stillteach,rests

upon tradition alone,luce so many other more importantpointsin medical jurisprudence!* On the other hand, of course, the

* It is now set aside by the Prussian Regulations.

REPORT UPON CASE LXXIX. 231

signatureof both the medical inspectorsand the impressionsof

their officialseals must be appendedto the report as the legally

prescribedmode of attestingits authenticity.*

Eeport upon Case LXXIX. " Has the deceased fallen into

THE WATER ALIVE ?

As a sampleof a medico-legalreportdrawn up in the form pre-scribed,

I have selected the following,which refers to the protocolof the dissection at p. 219, because itis unusuallyshort and concise,

and yet contains all that it was the objectof the examination to

explainin that particularcase, in regardto which itcompletelysatis-fied

the legalauthorities.

Medico-legalrejwrtin the matter' of the inquhyrespectingthe mode

of death of H.

H. 3. 52.t

" In conformitywith the directions of the EoyalDistrict Com-mission

of Charlottenburg,dated the 5th of this month, and referringto the above-mentioned inquiry,we have the honour to transmit to

you the followingdocument, constitutingthe medico-legalreport

required.'^

"According to report,J H., who had been for many years

afflictedwith epilepsy,disappearedupon a certain day,liisbodybeing

soon thereafter found lyingclose to the bank of a turf-pitnear Char-

lottenburg; he was reportedto have been robbed, and therefore a

medico-legalexamination was rendered necessary. The dissection was

performedby the subscribingmedical inspectors,on the 26th of

March, with the followingresults ":"

A. External Examination.

(Herefollows,word for word, the reportof the anatomical appear-ances

as givenin the protocolof the dissection,printedat p. 219 from

* Compare with this section the Third Chapter in Part First.

"j-The reference numerals of the correspondingdocuments.

X In this case no documents were given us, only a copy of the minute of

the dissection.

232 REPORT UPON CASE LXXIX.

No. 1 to 34 inclusivewhich we need not here repeat^but without

the addition of the provisionalopiniongivenat the time of the dis-section,

which it issuperfluousto repeatin this report.)" In our provisionalopinionwe have assumed as probablethat the

deceased had fallen into the water alive,and therein met his death,,

that he consequentlywas drowned, and we must stillmaintain this

view. Por not only were the signsof every other speciesof un-natural

death awanting,since the triflingecchymosisdescribed

under No. 10, beingin no way connected with any importantorgan,could have had no influence whatever in producingdeath,and the

marks upon the forehead and nose (mentionedunder Nos. 4 and 5),

were very probablymade after death,and were at any rate of no

importancewhatever ; but the results of the dissection also revealed

the existence in the body of most of the appearances usuallyfound

in those drowned. Amongst these,medico-legalexperienceenables

us to reckon the bluish coloration and wrinkled condition of the

skin upon the hands and feet (7)" which of themselves,however,

onlyprove that the bodymust have lain some time in the water " the

so-called cutis anserina,which was quitedistinct in certain partsof

the body (8),the mud found in the fauces (9); and alongwith those

external appearances of the body,the correspondinginternal ones,

which,taken together,are extremelydemonstrative " viz.,the visible

congestionof the cerebral membranes (13),and of all the cerebral

sinuses (18),the congestionof the lungs (20),of the coronary

vessels of the heart,and of the rightside of the heart itself(22); the

remarkable distention of the lungs(20),the congestionof the liver

and kidneys(23 and 31),and the fluidityof the blood in the body

generally(22 and 34),which, as well as the appearances found in

the stomach, must be regardedas particularlyimportantsymptoms.The stomach was distended with a "Vi^ateryfluid,in which were dis-tinctly

visible isolated particlesof mud (26),preciselysimilar to that

which we found upon the tongue and in the fauces,from which it

incontestablyfollows that the deceased must have swallowed after

fallinginto this muddy fluid ; must, therefore,have been alive,since

water cannot flow into the stomach afterdeath;consequently,itcannot

possiblybe supposedthat the deceased was alreadydead when he fell

into the water ; and this view is also supportedby the other existing

appearances symptomaticof death by drowning. The deceased has in

fact died from apoplexyof the heart (asphyxia),like a greatmany of

those that die in the water, has consequentlybeen drowned. Had we

" 54, SEQUENCE OF PROFESSIONAL COURTS. 233

been asked wlietlierthe deceased liad committed suicide or met with

his death accidentallyor by the fault of a third party,we must have

stated,that the dissection revealed neither proofnor probabilityof

there beingany third partycriminallyconcerned with the death (by

violentlythrowingthe man, while stillalive,into the puddle); while,

contrariwise,it is a most probablesuppositionthat H. met with his

death in the water by suicide or accident,having been suddenlyseized with an epilepticfit,for instance,while standingby the edgeof the water, and so fallen in and been drowned. Should it reallybe found,which we know not, that the deceased has been found

robbed, and close to the bank, this would in no wise militate

againstour view ; for it is self-evident that nothingcould be more

likelythan that a third party,seeingthe body floatingin the poolor

lyingnear its bank, should dragit ashore and plunderit.'^" We accordinglydeclare it to be our opinion,that H. has fallen

into the water alive,and died in it from drowning." Berlin,19th

April,1852.

"Casper. "L"tke, cJdr.for.

(Ofiicialseal.) (Of"cialseal.)''

" 54. Revision of the Opinion and Sequence oe the Tech-nical

COUETS.

A copy of all the medico-legaltransactions of all the medical

juristsin Prussia,both protocolsand reports,without exception,is

sent by each respectivelocal magistracyto the provincialgovern-ment,

and throughit,in quarterlybudgets,to the Royal Medical

Collegeof the province,for its revision. The same procedureis

followed in regardto all inquiriesregardinglunacyor idiocyin civil

law. This board, on its part, transmits their transactions,along

with itsremarks upon each,to the ministryappointed,in which both

transactions and revisals are submitted to a super-revisalby its

scientific commission, and the result is communicated both to

the revisingmedical collegeand also to the medical juristsconcerned,

affordingto the latter instruction or recognitionand encouragement.

Here we have no doubt a cumbrous ofiicialapparatusset in motion,

* It afterwards appeared,that there was not the slightesttrace of any

crime committed on the drowned man. What might not, however, have

heen made of this case in the medico-legalreport,hy means of a few judi-cious

doubts and forced interpretations!

234 " 54. SEQUENCE OF PROFESSIONAL COURTS,

but tliisarrangement is indubitablysuccessful in its operation,inas-

muchj as not only does it maintain the central courts constantly

acquaintedwith the doingsof tlieirmedical jurists,but also indu-bitably

has its share in the elevation of the practiceof legalmedicine

in Prussia,to a perfectionhitherto attained in no other country, a

fact which must be acknowledged,and which has quiterecentlybeen

recognisedby a most competent authority.'^In"" 173-177 of the Code of Criminal Procedure,which we have

alreadyquoted,the cases are described inwhich the reference of a medi-co-legal

reportto the superiorcourts shalltake place.The rule,and the

practicein most cases, isfor this reportto be sent,alongwith the other

documentaryevidence,first,to the medical collegeof the province,and should the opinionof this board be from any cause disputed,

theyare then sent to the RoyalScientific Commission for scientific

affairs,to obtain its stoperarbitrium.This is, as in the medical

colleges,drawn up by two referees,who work each for himself;both

of their opinionsare then broughtbefore a meeting of the commis-sion,

discussed,and that one which is approvedof by a majorityofthe commission is accepted,signed,and issued.t

The question" ^how far the Judge is bound by the medical

opinion,particularlyby the superarhitriumof the highestand last

professionalcourt ? is,as is well known, one that has been much

disputed.We, however, do not requireto enter into it here,as itis

a purelylegalquestion,and we onlytouch upon it to remark that in

recent times,particularlyin jurytrials,it has lost aU its practical

importance,since the jury,after hearingthe case fullyin all its

particulars,and with all possiblemedical lightthrown upon it,

bound by nothingbut their own conscientious conviction,givetheir

verdict solelyin accordance with that. That this is often enough most

remarkablyand diametricallyopposedto the medical opinionof the

case, is well enough known to every one accustomed to frequentthese courts !

Written testimony,to which,in itswidest sense, belongthe written

opinionsof individual medical men, or of the medical boards,is not

legallyadmissible at the vwd voce trial,except in the most urgent* Mittermaier in.Goldtammer's ArcHv f"r Preuss. Strafrecht. Bd. i.hft. i.

s. 13.

t A preciselysimilar sequence of professionalcourts is found in most of

the German states. In some of the smaller ones, which possess no medical

boards, the opinionsof the medical juristsis sent, along with the docu-mentary

evidence,to some faculty,either at home or abroad.

SPECIAL DIVISION.

PART FIRST.

FOEMS OP VIOLEIS'T DEATH.

SECTION FIRST.

Mechanical Death.

Statutohy Eegulations.

Penal Code, " 185. In determiningthe fact of a death,it does

not fall to he considered whether the fatal issue of an injurymighthave been preventedhy timelyand judiciousaid; or, whether any

similar injuryhas been in other cases cured by the aid of art ; or, also,

whether the injuryhas onlyproduced a fatal result by reason of any

peculiarbodilycondition of the person killed,or by reason of any

accidental circumstances under which it was inflicted.

" 1. General, [a)Definition oe an Injury.

The influence of criminal law and the erroneous views of medico-legal

authors has been more stronglyfelt in regardto no other pointin legalmedicine than in respectof the questionsregardinginjuries.This is at once apparent when we reflect upon the double meaningwhich the customary usage of our languagehas attached to the word

"injury." A. has inflictedan injuryupon B. ; B., by this act,has

received an injury: A. has been the active agent, B. has been the

passiveone, " cause and effect. The act of stabbing,or cuttingis an

injuriousprocedure,"an injury;

" the resultingstab,or cut, is also

" 1. DEFINITION OF AN INJURY. 237

an "injury/^ The science of penallaw is obKged to make use of

tue customary forms of speech,and to reform them scientificallyto

its ends ; it must fix its eyes at once upon the injuringaction and

its result. But how comes it that legalmedicine,ever strivingafter

"a correct and proper apprehensionof her task,should go wandering

among definitions of the injuringaction ? She,that has solelyto do

with the natural object,in tliiscase the bodywounded by the injuringactions ? Theoretical book-makers are far at sea, if theythink that

the medical juristin his offi.cialcapacitycan ever be placedin a

positionto require,or even to dare to make use of,their discursive

essays on "objectiveand subjectiveinjuries;^^ upon "dolus and

culpa,"in relation to the injuringaction,"c. The wounded man,

alive or dead,is givento the medical juristby the law, as the objectof his investigation.It is no true rejoinderto the view we have

taken to say, that the physicianmay be asked such accessory ques-tions

as those relatingto the nature of the implement employed,thesituation and positionin which the wounded person or liisantagonistwas placedat the time the deed was committed, and the probabledegreeof force employed in inflictingthe injury,since the answers

to all such questionslie within the sphereof medical knowledgeand

experience.A professionalexamination of the wounded man is

necessarilyrequiredto determine,for instance,whether the shot has

come from below or not, whether the wound correspondswith the

blunt bread-knife stated to have been used, or perhapsrather with a

pointeddagger,the suspectedweapon, "c. Thus, still the natural

objectalone,and nothingbut it,comes under the cognizanceof

judicialmedicine ! Hence, therefore,an " injury" may be simplydefined as : every alteration op the structure or function of

ANY part op the BODY PRODUCED BY ANY EXTERNAL CAUSE. Under

the firsthead are included all solutions of continuity,such as wounds,divisions of blood-vessels (hsemorrhageand ecchymosis),burns,pro-lapsus,

fractures,and dislocations. Those injuriesincluded under

the second head are by no means alwaysaccompaniedwith solution

of continuity,at least to any material extent ; most frequentlytheyconsist onlyin concussion,contusion,and loss of power.

" 3. Continuation. " {b)Patal Character of the Injury.

It was reserved for our own centuryto instituteone of the most

useful reforms in the science of criminal law, and to givethe quietusto

23S " 2. FATAL CllAllACTER OF THE INJURY.

a doctrine wliicli has been rightlytermed by a distinguishedteacher

(St"bel)a " blot "

upon the science and "a refugefor murderers."

We have no desire ourselves to fall into the error we have so often

blamed^ of encroachingon the provinceof the law^ nor have we any

intention of writinga historyof judicialmedicine to which, fortu-nately,

belongsnow-a-daysthe old,untenable,absurd,deceitful,and

dangerousdoctrine of degreesof lethality;we have onlyto pointout in a few words,how, since the criminal law has set aside the

'' absolutelyfatal character of the injury"from beingthe criterion of

the fact of the homicide,every such minute subdivision of the cha-racter

of the injuryinto " not absolutelyfatal,accidentally,or for the

most partfatal,fatalfrom individual causes, "c.,has also ceased to be

of any categoricalimportance.EveryEuropean legislativeact relatingto such matters (sofar as I know) is now founded upon the amended

" doctrine of modern science,that eve^y case offatalinjurymust stand

upon its own individual footing,and every colligationof cases under

generalcategoriesmust he rejected,that onlytakes cognizanceof" the fact that death has resulted from the injuryin the individual

case, and cares not to know whether by a luckychance,or com-bination

of favourable circumstances,whether intrinsic or extrinsic

to the injurydeath might have been averted. It is surprisingto

see how science and the legislation,and practicebased upon it,have

taken two centuries to discover that the death of one man from an

injurygiven by another,is preciselythe same as if he had been

strangledor drowned by liim,and that suspensionor drowning are

not of themselves " absolutelyfatal,"inasmuch as death may be

readilyaverted in the one case by instantlycuttingthe cord,and in

the other by speedyremoval from the water !

It is impossiblefor a statutoryregulationfounded upon the

modern views to be clearer or more distinct,than that most excellent

one to be found in " 185 of the Prussian penalcode,which we have

alreadyquoted. The " determination of the fact of the death " in

itself,can henceforth be the onlytask assignedby the law to the

medical jurist,that is,in other words, the answeringof the query :"

Did the deceased die of and from the injury? The answer to tliis

may be affirmative,althoughit is evident,"that timelyor appro-priate

assistance might have averted the fatal result" (thatthe

injury,therefore,had been one fatal per se in the sense of the

ancients),or, that perhapsin another case, "an injuryof this nature

has been cured by art" (aninjuryfatal ut plurimmii),or, that the

" 2. FATAL CHARACTER OF THE INJURY. 239

injury,which, meanwhile has killed the man, has done so" onlybe-cause

of some peculiarbodilycondition of the deceased " (aninjuryfatal individually); or, finally,that the injurywould not have provedfatal had it not been for the coincident influence of certain " acci-dental

circumstances under which the injuryhad been inflicted'^

(an

injuryiaial per accidens).It betraysa completemisapprehensionofthe actual state of matters,and of the true meaning of the statutory

paragraphreferred to, to say, that by it the greatestinjustice

may be broughtabout. Since, if for example, A. fires a bullet

throughB.'s head; or C. givesD. a blow with liisfist upon his

breast,within which laya heart ali'eady,from disease,disposedto

rupture,and which is actuallyrupturedby the concussion of the

blow, so in both instances,death has plainlybeen the result of the

injurioustreatment, and " the fact of the death " (fromthe injury)must be regardedby the physicianas " proved,^ while it must be

apparent to the most unprejudiced,that in the eye of the law the

two criminals stand by no means on the same footing.Most certainlynot "

and the legislatorhas fullyrecognisedthis,but in every case in

which he demands a medical opinionin answer to certain questions,he expects not merelya simpleYes or No, but that the afiirmative

or negativeshould be supportedby scientificreasons, and adaptedto

the case in point. In the first place,then, a reasoned consilmm

medicum is givenin ; in such a case as that mentioned,the Judge will

receive in this reportevery information respectingruptureof the heart,

and concussions of importantinternal organs, "c.,and havingdone

this,the medical juristhas done all that his experienceand his

knowledgeentitle him to do, whilst so soon as he goes beyondthis,

and, accordingto the olden dogma, enters upon the topicof the

degreeof lethalityand generalcategories,he loses himself at once in

hypotheses,or in purelypersonalopinions.We can assure the medical

juristthat both Judge and jurywill certainlyaward the perpetrator

of the death his due meed of punishmentin accordance with his

reasoned opinion. Por the words "does not fall to be con-sidered,"

occurringin the part of the statute quoted,and relatingto every accessory circumstance, have no reference to any decision

as to the culpabilityof the perpetrator,but evidentlyonli/to the

" determiningthe fact of the death,"refer,therefore,onlyto the

function of the physician,and not to that of either Judge or jury.The task of the physiciannow-a-days,therefore,in every case of fatal

injuryof any kind,differsin no respectfrom what he has to do in the

240 " 3. OF THE ORGAN IISJURED.

case of violent death from other causes^ and has in the one case only

to make out, that the deceased has died from injury,as in the

other,that he has died from drowningsthat is,has fallen into the

water alive.

" 3. Continuation. " {c)Of the Organ injured.

Another foreignelement from which legal medicine must be

purified,is the consideration of the various corporealinjuriesin con-nection

with the difl^erent organs. While the treatise writers have

on the one hand forced upon the attention of the judicialphysicianall sorts of legaldoctrines and theories,with which he has nothingto do, so on the other,theyhave degradedhim to the positionof a

tyro in his own peculiardepartment. It is not easy to escape from

the trammels of ancient traditions,and therefore,we are continually

taught what injuriesof what particularbones are more fatal than

others,why injuriesto the pregnant uterus are more dangerousthan

to the non-pregnantone, under what circumstances injuriesto the

intestines are fatal,under what others theyare less dangerous,"c.

This is a tradition derived from the primitivetimes of legalmedicine,

in which the consideration of corporealinjurieswere the sole or chief

task of the " medical expert^'consulted in criminal cases. But the

matter in questionis a purelysurgicalone, and surgicalknowledge,

as well as every other kind of medical knowledge, must be pre-supposed

of every medical jurist,and of every Handbook of Judicial

Medicine. Nowhere, and particularlynot in Prussia,is any candi-date

for a medico-legalappointment admitted even to his qualifying

examination,stillless to the appointmentitself,until he has satisfied

the board that his medical education is complete,that is,that he

is a fuUy qualifiedphysician,surgeon, and obstetrician (so it is

in Prussia at least). It is perfectlysuperfluousto teach such an

one, or consequentlyany medical jurist,that injuriesof the skull may

damage the brain by the splinteringof the internal or vitreous table ;

that in the case of an injuryof the brachial artery,death may be averted

by the applicationof a ligature,but that this cannot be done where

the arch of the aorta is wounded ; or the dangersthat attend wounds

of the joints,"c.,"all doctrines,therefore,regardingthe danger and

mortalityattendant upon the various injuriesof the different partsof

the body are to be -consignedto the Handbooks of Surgery.

" 4. IDIOSYNCRASY AND ACCIDENTS. 241

" 4. Continuation." (^) Idiosyncrasy and Accidental Ciecum-

STANCES.

The case ispreciselysimilar in regardto the categoriescomprehend-ing

idiosyncrasy,and the so-called accidents that accompany, follow or

are accessory to the inflictionof the injury,and increase its danger.

Irrespectiveof the fact that these influences "are no longerto be con-sidered

in determiningthe cause of death'' (" 1),it is indubitable

that any considerations regardingtheir action,particularlythat of

idiosyncrasy,must be purelyspeculativeand conjectural,and every-thing

of this character in legalmedicine is in the highestdegree

questionable,and as far as possibleto be avoided. We know little

or nothingfor certain as to the reason why ten men wounded in the

intestines will die from inflammation and its consequences, whilst in

other ten a similar or even more serious injuryof the intestines,under

apparentlysimilar circumstances will terminate in recovery. No

doubt in both classes of cases idiosyncrasyacted unfavourablyor

favourably; but who shall prove this to the Judge? How much

more remarkable is this influence of idiosyncrasyin cranial injuries!

Moreover, from the nature of the case the medical jurist,almost

without exception,first becomes acquaintedwith those persons on

whose case he has to decide,as bodies upon the dissectingtable. And

can he conscientiouslypronounce an opinionregardingthe "idiosyn-crasy" of such men ? Cases of palpableand apparentpeculiarities,

which may have had an influence upon the fatal issue of the injury,

as, for instance,a remarkable thinness of the cranial bones,transpo-sition

of the internal organs, "c., are of the utmost rarity,as every

expertknows, and in by far the greaternumber of cases, particularly

at the time of tliemedico-legalinspection,the medical juristis com-pletely

ignorantof the idiosyncrasiesof the deceased. Whatever

information on this head he may be able to obtain from the prelimi-nary

historyof the case will be dulysuppliedto him, to be made use

of in drawingup his reasoned opinionin the reportof the inspec-

tioD,not therefore to be used abstractly,but apphedindividually.And now we have to consider,in the second place,what we have

justreferred to in " 3, the fact,namely,that generalmedical science,

and not the specificdoctrines of medical jurisprudence,must form the

groundworkof the opiniongiven.Judicial medicine is not requiredto impartthe knowledgethat

242 " 4. IDIOSYNCRASY AND ACCIDENTS.

ossifiedarteries are found in old age but not in cliildliood,tliatcon-trariwise^

it is possibleto stab a new-born child tbrouglithe fonta-nelies,

but not a grown man ; that an injuryto an aneurism may cause

fatal hsemorrhage,whilst other individuals may be wounded in the

same partof the same vessel ten times,or offcener,without any such

occurrence.

AU this is also true of the so-called accidents," intoxication,remo-val,

distinctand greatneglectin the treatment of the wounded person,

"c. It is well known how often in various placesthe last-named

point,the estimation of the share of the blame of the death attach-able

to the medical treatment of the injury,has led to the unnecessary

exaggerationof the case, to the tedious protractionof it throughall

the professionalcourts,and often to extremelydisagreeabledifferences

of opinion. The greatestscope for such discussions was givenbysuch injuriesto the head as proved fatal from their sequelae,

particularlyfrom suppuration,and injuriesof the limbs resultingin

amputation,followed by pyaemia,which has carried off the patient.How must the medical juristhave turned and twisted in order to

attack or defend a trepanoperationor amputation,which either has

or has not been performed,or the applicationof a dozen leeches,

more or less ! And perhaps,after all,the medical board following

him may have taken a diametricallyoppositeview of the case, and

supportedtheir opinionby a reference to not less correct generalmedical precepts! And aU this time the onlyimportantpointfor

the Judge" the '' determination of the fact of the death ""

remained

uncared for,since itoften enoughhappenedthat the result of allthese

medical subtleties and controversies was to make it appear to the

Judge as if the blame of the death of the injuredperson was more

distinctlyreferrible to his medical attendant than to the person

accused. But however difficultit may have been to decide forensi-

callyrespectingsuch cases formerly,it is easy enough now.

The injuryto the head has been the cause of the death. Here

we have " the fact of the death determined,^'the requirementsof the

statute fulfilled,and the Judgeset on firm groundand satisfied. Whythe injuryto the head has in thisparticularcase producedsuppurationof the brain,andi"whythis has perhapsnot been earlyenough recog-nised,

or could not be so, "c. ; allthis has to be gone into in the

reasoned report,which stdl however, ends by recapitulating"

" The

injuryto the head has caused the death.'' Discussions,such

* Such cases possess no true medico-legalinterest,and are not quoted

244 " 6. EXPERIMENTS ON THE DEAD BODY.

CHAPTER I.

DEATH FROM FATAL MECHANICAL INJURIES.

".5. Geneeal.

We have already(" 2% page 58) explainedwhat we understand

by injuriesof tHs nature. These injuriesleave the most palpable

traces of their operationon the body; they are often attended byvarious circumstances,which in other cases prove the exclusive cause

of death,such as hsemorrhage,concussion of the brain,"c.,but the

occurrence of which in these cases is of no material importance,since

the disturbance or destruction of the mechanical organismof the

body alone,or at least of its more importantorgans, which injuriesof this kind produce,is sufficient to render the continuance of life

impossible.These injuriesare producedby the fallingof walls,

beams, masts, by blows from windmill saus in motion,by the passage

over the body of carriagesor rauwaytrains,by the bodybecoming

entangledin machines,by squeezingnew-born childi-eninto boxes,

"c.,by fallingor beingpushedor thrown from a considerable height,and upon hard bodies,by roughand violent ill-treatment,by forcible

blows,cuts,"c.,and in many other ways.

" 6. Experiments on the dead body.

In " 33, and its illustrative cases, I have shown how often,in

cases of sudden death from injuries,when death has occurred from

internal and not from external causes, there is often no trace of

injuryvisibleexternallywhich could betraythe nature of the case.

This circumstance, as well as the desire to investigatehow far it was

possiblefor a criminal to mask the actual cause of death, and

obscure the case by producinginjurieson the body of the deceased,

lust as murderers often attemptto conceal their deed by burningthe

body, as well as to discover what relation the resistance of the

dead organ bore to that of the livingone, led to the experimental

" 6. EXPERIMENTS ON THE DEAD BODY. 245

productionof injiiiiesupon dead bodies. I have had uncommonlyntunerous opportunitiesof institutingthese experimentsand I still

continue to repeat them every academical session. Simuar experi-mentshave not previouslybeen made anywhereon so greata scale,

exceptin the case of experimentson burning,to which I shall refer

under the head of " death from burning"(" 16, "c.),and theyhave

been attended by the most astonishingresults. It is extremelydiffi-cult

to break up the organiccohesion ofdead organs. In sayingthis,of course, I do not refer to stabs or cuts tliroughthe skin and

muscles. Our experiments,in respectto mechanical injuries,were

confined to fractures of the bones,rupturesof the internal organs,

and injuries(alterations)of the cuticular surface.

(1.)Fractures of the Bones. " If we endeavour to fracture the

skidl of a dead adult,we shall find that an amount of force which,

if appliedduringlife,would indubitablyhave producedfissures,if

not fracture or completesmashingof the skull,leaves the dead

skull quiteuninjured.In making these experimentswe have usually

employedthe wooden mallet used to prop up the skull and spinalcanal during the process of dissection. In other cases we have

employedhammers and similar weapons. The most powerfulblows

struck downwards upon the bodylaid horizontallywere mostlywith-out

result,and onlyafter repeatedviolent blows were we enabled to

produceperhapsone or a few fissures in the occipitalor parietalbones, or in the temporal bone (squamousportion),and certainlymore easilyin the latter. We were unable to producemore con-siderable

effects,such as completesmashingof the skull or fissuresof

its base,even in one singleinstance. The dead scalpseems to have

considerablymore power of resistance than the livingone, and after

its removal,fissures of the bones were more easilyproducedby similar

blows. Numerous and uniformlyconsonant experimentshave enabled

us to establish this dogma : that when from any cause, such as com-plete

putrefaction,it is no longerpossibleto ascertain whether the

injuriesdiscovered in a body have been inflicted before or after

death, the existence of considerable injuriesof the cranial bones,

particularlyof the solid bones of the basis cranii,enables it to be

assumed, with at least the utmost probability,that the injuryhas

not been inflictedafterdeath,but duringlife,when there is no other

evidence to show that some extraordinarydegreeof violence has

been inflicted on the body.All the longbones of the extremities are found to displayquitean


extraordinarypower of resistance. Tlie most powerfulblows upon

upper and under extremities lyinghorizontallyon the table,both on

the humerus and femur, as well as on the bones of the forearm and

leg,and even on the same bones when supportedonlyat their two

ends, producedin generalnot onlyno fracture,but even not the

slightestfissure, Malgaigne'sexperimentsare in the main extremelyconsonant with ours. He says, indeed,that he has very often with

an"

enormous iron lever " broken every long bone in a dead body(wliichneed not surpriseus !); but he adds thereto that (evenwith

the employmentof such force)," he was often onlyable to produce

incompletefracture.^^^ The brittle bones of old men (above70)

are, however, more easuyfractured by powerfulblows. But even

such bones are much more easilybroken by the same blows after

removal of their coverings"skin,fat,and muscle. Should we

inqmreas to the reason for the difficultyof producingfractures in

the dead body,we might readilyfind it in the absence of muscular

action,which has such a powerfuleffectin the livingbody.The rihs are more easilyfractured in the dead body than in the

longbones,but the fracture is alwaysa simplecross one, and isnever

splintered.On the other hand, we have never succeeded in fracturingthe

larynxor os liyoidesof an adult,even by the most powerfulpressure,such as would inevitablyhave produced it duringlife. These

experimentsare of the same practicalimportanceas those made upon

the skull,and in accordance with them I should have no difficultyin assuming,even in a case where putrefactionhad alreadyobhte-

rated every trace of livingreaction,that any existingfractureof the

larynxor oshyoidesmust have been proditcedjoreviousto death.

(2.)We have onlymade a few experimentsupon the ruptureof

internal organs, because no importantpracticalresult was to be

expectedfrom them. The most violent blows, with beams and the

like,upon the regionsof the liver and spleenhave not been attended

with the slightestresult.

(3.)Our innumerable experimentsto produceby mechanical in-juries

upon the skins of dead bodies alterations somewhat similar to

those caused by the reactionaryphenomenaof life,have been alreadydetailed (" 33 Gen. Div.,suh 2. p. 117),and to those details I now

beg leave to refer the reader.

(4.)Our further experimentsin regardto strangulation,burning,* Knochenbr"che, "c.,"ebers. von B"rger. Stuttgart,1850, s. 31.

" 6. ILLUSTRATIVE CASES. 247

and gun-shotwounds in the dead body,as well as on ruptureof the

umbilical cord,will be detailed below in their proper places.The followingtwo capitalcases which have come before us recently,

may serve to show the greatpracticalimportanceof the experimentshere related,as well as of the questionupon which theybear.

Case LXXX. " Comminuted Peactuhe of the Skull " has it

OCCUREED APTER DbATH ?

S.,aged60 years, had, five years previously,been almost instan-taneously

killed in his m"l, as was givenout, by falhngfrom a beam

upon the miUstone,a heightof seven feet and a-half. Two years after,

a suspicionarose that the party now accused had killed S. in the mill

with a heavypickaxe,such as is used for hewing the millstones,and

the body was therefore ordered to be exhumed. Completeand com-minuted

fracture of the skull was found. The questionthen arose "

Has tliisinjurybeen occasioned by the fall above-mentioned,or byblows by a pickaxe? The former assumptionwas maintained by the

districtphysicianin oppositionto the views of Dr. N., who occupiedthe positionof district surgeon, and this view was also supportedbythe medical coUegeof the provinceconcerned. The physicianalso sub-sequently

broughtforward the suppositionthat the cranial injuriesmight also have been producedafter death,and this suppositionhe

firmlymaintained in sundrydiscussions,in spiteof every oppositionmade to it. At the requestof the Attorney-General,I was deputedtosettle the matter at the jurytrial at "

,the corpus delict},the skull,

beingproducedin open court. Almost the entire left half of the basis

cranii was wanting,and there were at least twenty separatepiecesof

broken bone. It was impossibleto regardso serious a comminution

of the base of the skull as the result of a fallfrom a heightso trifiingas to amount to no more than seven feet and a-half,when carefullymeasured, since such fractures aff'ectingthe base of the skull,accord-ing

to all our previousobservations,alwayspresuppose the exertion of

very considerable violence (Videp. 183), and in this case the cranial

bones were by no means remarkablythin,but were of the usual

thickness. It was justas impossibleto suppose that the fracture had

been producedafter death, as the experimentsjustrelated prove.

Moreover, it seemed scarcelypossibleto explainsuch an occurrence,

since the deceased died in his own house,among his family,and was

buried at the usual earlyperiod. On the other hand,the heavyiron

248 " 6. ILLUSTRATIVE CASES.

pictaxeproducedmust be regardedas a very fitweapon to producesuch a comminution of the skull. The accused was condemned.

Case LXXXI. " riiACTURE of the Eibs. " Has it been peodtjced

AFTEE Death ?

The decision of a medical board regardinga most atrocious crime

gave occasion to the consideration of this query. An old peasant

and her daughterwere placedat the bar at "

,accused of having

conjointly(!) robbed and murdered a woman agedseventy-fiveyears,

which theysubsequentlyconfessed. The results of the dissection

indubitablyprovedthat the deceased had been choked,after a long

struggle,which was proved by the existence of many injuriesand

excoriations,and by the sand and blood in the hair and down the

back, caused by draggingthe body from the bed and alongthe floor

of the room. Whilst the daughterheld both arms of the deceased,

the mother knelt upon her breast and compressedher mouth and

nose so forciblythat the mouth was lacerated. The expertsdiffered

respectingthe fractured ribs which were found in the body; on the

one hand, the medical expertssupposedthat these " mostlydouble-

splinteredfractures on both sides" might have been producedby" faUingfrom a very considerable heightwith the breast againstsomesoft body (as a dungheap),"justas weU. as by kneelingupon the

chest ; on the other hand, the medical coUege of the provincesup-posed

that the fracture of the ribs must have been producedafter

death,since no trace of livingreaction had been described as exist-ing

by the medical inspectors.Summoned as arbiter before the jurycourt at "

,I could not regardeither suppositionas correct. A fall

upon such a soft substance as a dungheapcould not producesuch a

number of fractures on 60 1^ sides,and, moreover, the actual circum-stances

of the case gave no countenance to the suppositionof any

such possibility.Our own numerous experimentsupon dead bodies

enabled us also to state positivelythat it is impossibleto producesucA fractures of the ribs afterdeath (Fid. p. 246) ; and neither could

we agree to the truth of the reason assignedfor this supposition,viz.,the want of vital reaction,for reasons which we have aheady

given (pp. 109 and 118),and which we have illustrated by many

cases in proof.Moreover, roughlykneehngon the chest of a woman,

aged7bfwas amply sufficientto fracture her ribs. In consequence


of this opinion,tliemother was condemned to death,and the daughterto many years'imprisonment.

" 7. Effects of Mechanical Injuries.

The diagnosisof this form of death isgenerallyvery easy, by reason

of the remarkable appearances found on the body.We have already(in ""35 and 36 of the General Div.)given

details respectingthe sharp and blunt weapons with which wounds

may be occasioned,and in regardto what may be so producedin the

livingbody.There is no possibleactual effector livingreaction which

may not result from injuriesof this character,from a suddenlyfatal neuroparalysisfrom concussion of the brain or spinalmarrow,to a Hngeringdeath from a chronic inflammation and suppurationof

importantorgans, such as the brain and its membranes. In other

cases we may have the body shattered in pieces,limbs torn from each

other,internal organs severed from their connections,dislocation,frac-tures,

contusions,wounds, ruptures of muscles,of blood-vessels,of

.internal organs, and frequentlythree,four, or more of such easily

recognisablecauses of death in one and the same body. The follow-ing

cases, taken from a largenumber of selected ones, will sufficiently

exempHfyour statement :"

" 8. Illustrative Cases.

Case LXXXII. " Death from a steam-carriage.

Among many cases ofvoluntaryand involuntarydeaths from railway

trains,the following,that of a saddler about 30 years old, killed

accidentally,was in truth the most horrible. Scarce any region

or any singlepartof the body remained uninjured. The scalpwas

not much torn,but in itrattled the skull-bones,completelycommi-nuted.

The left ear was torn off and lost. Both arms and both

legswere much crushed,torn,and broken, so that each extremitylay

zigzagfashion on the table. From the fractured parts,as well as

from the torn abdominal coveringsof the leftside,the lacerated mus-cular

substance protruded.The scrotum was ruptured,and the left

testicle,still attached to its cord,layfree and uninjuredamid the

twisted tliighs! and yet the features of the countenance, which was

not much injured,were perfectlypeaceful,which was easilyenough


explainedby the extremelysudden, and therefore probablypainless,death.

Case LXXXIII. " ^A new-born Child completely smashed by

A KAILWAY TKAIN.

The head and neck of the child were crushed off,the cervical

vertebrae smashed, the collar-bones and superiorribs separatedfrom

their connections,the umbilical cord cut across and properlytied. The

trunk was ten inches long,and weighedone pound and three-quarters.The soft woollyhair on certain partsof the body,the wrinkled con-dition

of the skin on the extremities,the thin,scale-like nails,and

the stillgapingvagina,all pointedwith considerable probabihtyto

the fact of the child not being mature; but certaintyupon this

pointcould not be ascertained,from the greatdestruction of the bodyand the total absence of so important a part as the head,neither

could the hydrostatictest be applied,and therefore it remained un-determined

whether the child had lived,and whether the head had

been severed from the bodyduringhfe.

Case LXXXIV. "^Fracture of the Mastoid Process by being

DRIVEN over by A CARRIAGE.

One of the rarest of allpossibleinjuriesto the head, was found in

the bodyof a girl,agedsix,killed by beingdriven over by a carriage.The seventh rib on the left side was smashed,the skull was fractured

in six places,and amongst these was a fracture of the left mastoid

process, which was completelybroken off. In the left lung,there

was also a rupturethree inches long.

Case LXXXY. " Eare Fracture op the Skull by being driven

over by a carriage.

In this case, also,the extreme violence employedhad produced

one of the rarest injuriesto the head. A girl,agedthree,had been

driven over by a carriageand killed upon the spot. The squamous

portionof the temporalbone on the rightside was splitoff,and a

transverse fissure extended across the occipitalbone into ^^ foramen

magnum. Finally,the petrousportionof the lefttemporalbone was

also splitby a fissure.


uninjured.The cerebral membranes were^ however^ very stronglyhyperaemic,and the whole brain floated,so to speak in a layerof

coagulatedblood,two lines thick. It was decided,that this cerebral

hsemorrhage(sorare in its extent),could onlyhave been caused byexternal violence,and that a headlongfallupon a stone pavement,was a very probablecause.

Case LXXXIX. " Euptuue of the Intestines by a blow ?

This case was somewhat akin to Case LXYIII. (p.167),since

in it also the injuryreceived had no connection with the death,

althoughthe reverse seemed to be highlyprobable.A dragoon

standingin the street,was struck on the rigJitside of the abdo-men

by the poleof a passingdrosky. Three days subsequently,he

was seized with vomitingand violent painsin the abdomen, and died

in nineteen hours,perfectlyconscious and with all the symptoms of

loss of blood. The medical man in attendance had not observed

any trace of injuryon the spotwhere the blow had been received.

We found the body (inJune) alreadygreen, "c.; in the abdominal

cavitythere was about a pound of decomposedblood and intestinal

contents,and the source of this extravasation we found to be in a

portionof small intestine lyingon the left side,in which there was

situate one of the well-known perforatingintestinal ulcers,perfectlycircular,three-quartersof an inch in diameter,surrounded by a kind

of rampart of tolerablysmooth everted edge,which was livid from

putrescence.It was perfectlyevident that this effusion had been the

cause of death ; and the historyof the case and the appearances on

dissection,showed also that death had not resulted from the injuryreceived,since itcould not have producedsuch an ulcer,particularly

on the oppositeside,and if the blow had onlycompletedthe per-foration

of the ulcer,the symptoms which came on subsequentlymust of necessityhave instantaneouslydisplayedthemselves.

Case XC. " Euptuee of the Perineum from being driven over.

A boy,aged7 years, was run over by the enormous weightof an

omnibus ; one of the wheels passedover his abdomen. At the dis-section,

the whole of the rightiliacregionwas externallydark-red

and ecchymosed. The perineum was rupturedin such a manner,

that an irregularwound with smooth, unecchymosededges,five

" 8. ILLUSTRATIVE CASES. 25"

inclieslong,followingits zigzags,extended from the scrotum to the

coccyx j tliis wound was two inches in width, and permittedthe interior of the pelvisto be seen. The spJiincterani was also

ruptured,but there was no other injuryvisible in the whole body.The bladder was distended,and rose above the pubis," easilyexpli-cable

from the fact,that the poor boy died twenty hours after

receiptof the injury,and the fearful crushingmust of course have

producedparalysisof the bladder.

Case XCI.^ " Ruptuee oe the Spleen feom collision.

A girl,aged 14, was crushed againstthe wall of a doorwayby a

waggon, and died twelve hours after. The body exhibited the waxy-

white colour which, under the circumstances,led at once to the

suppositionof internal haemorrhagefrom rupture of some organ.

The onl^external trace of injurywas tliree brownish-red leatherypatcheson the left shoulder-joint; in particular,there was no trace

of injuryin the abdomen. Nevertheless,as it accorded with our

previousextensive experience{Viel." 33, Gen. Div., suh. 1), we

were not at all surprisedto find the spleenruptured; in its middle

there was a rent one inch long and two lines deep. Three ounces

of blood,partlyfluid and partlycoagulated,were eifused into the ab-dominal

cavity; no other injuiyexisted. The generalansemia was,

however, so great,that the lungsappearedalmost of a greyish-white.The rightside of the heart also contained a tolerable quantityofblood. The continuance of life for several hours after such a rup-ture

isnothingremarkable. Among the cases immediatelyfollowingwill be found many stul more strikingexamplesof how comparativelylong life may continue after even the most fearful and manifold

coexistingruptures.

Case XCII. " Practure of the Cervical Vertebra and Lacera-tion

OE both Trachea and (Esophagus from being driven over.

This case was that of a man-servant, aged 30. There was no

doubt that the wheels of the waggon had passedover both the neck

and upper partof the chest,and had producedthe followingfearful

mutilations. The neck was encircled,and the upper part of the

chest covered,with extensive ecchymoses,and fracture of the cervical

vertebrse,and of the rightshoulder-blade were distinctlyto be felt


by external manipulation.The slioulder-blade was found to be

fractured across, the odontoid process was found to be broken ofP,

and its articular groove separatedfrom the atlas,so that on dividingthe soft partsthe cervical column immediatelyprojected,whue at the

point of division the cervical spinalmarrow could be pressedout

as a bloodypultaceousmass. Besides these importantinjuries,both

the larynxand oesophaguswere found to be torn off; the firstlayin the chest behind the mauuhrmm steriii; finally,the rightcarotid

arterywas also ruptured! In the chest,in both pleuralcavities,there laymasses of black coagulatedblood. Lungs,heart,kidneys,and vena cava were completelyempty of blood. The lateral ven-tricles

contained treaclyblood,and the cerebellum was also covered

with it.

Case XCIII. " ^Fractuee oe the Eibsj Etjpture of the Lungs

and livee by being deiven over.

A stout boy,aged seven years, was run over by an omnibus, and

died in a few minutes. Externally,no trace of injurywas found upon

the body (p.109),except that an emphysematousswelHngof the

left side pointedout the probableexistence of fracture of the ribs.

And there was, in fact,a transverse fracture of the sixth rib on

the left side,whue the last true rib on the same side was also

fractured incompletely.Both of the lungs were healthy,and

contained no blood. In the upper lobe of the rightlung we found

a ruptureone inch and a-half longand one inch deep,and on the

posteriorsurface of the lower lobe of the same lungthere was another

rupture,two inches and a-half longand one inch and a-half deep.Both ruptureshad sharpedges. In the rightpleuralcavitythere

was about eightounces (imp.)of dark,treaclyblood. The thymus

glandwas stul one inch and a-half longand three-quartersof an inch

broad. On the concave surface of the rightlobe of the Hver there

was a verticalruptureone inch long,and the rightlobe was separatedfrom the leftby a rupturethree-quartersof an inch in length. About

four ounces (imp.)of blood had flowed from these rupturesinto the

pelviccavity.

Case XCIV. " Practuee of the Pubis from being driven over.

The wheels of a waggon passedacross the inguinalregionof


a young man of 16. Well-marked ecchymosisexisted in both

groinsin the left inguinalregion; the soft partswere burst_,so that

the abdominal cavitylayexposedto view. The muscles of both

thighswere torn across close to the pelvis_,and the horizontal ramus

of the pubiswas fractured across rightinto '^hs,foramen ovale. The

soft parts of the back,,sacrum, and hips were all torn off and lay

loose,and the deeper-seatedpartswere infiltratedwith blood.

Case XCY. " Practure op the Ribs and Dorsal Yertebr^;remarkable concussion op the heart prom the pall op a

WEIGHT.

In hoistingup a bag of corn it fellupon a man, aged 66. The

chief visible consequence of this was a comminuted fracture of the

rightthigh,which was amputated. Death ensued the day after the

operation.At the dissection (inJune)the stump was most un-healthy

(ichorous).There was also a remarkable generalwant of

blood. The two firstribs were fractured,and of this no ecchymosis

gave any external intimation. The appearances found in the heart

were, however, most remarkable. On the rightside of the peri-cardiumwe found an ecchymosisthe size of half-a-crown,and in the

left wall of the heart itself,runningfrom the auricle to the ventricle,

there was an ecchymoticstripe,two inches longand a quarterof an

inch broad. Here, therefore,there had been a true and most

singularconcussion of the heart ! An ecchymosis,the size of the

palm of the hand, in the regionof the tliird dorsal vertebra,inti-mated

the existence of some deeper-seatedinjury,wliich was found

to be a completetransverse fracture of the spinousprocess of this

vertebra and also of its body,the spinalmarrow beinguninjured.This man lived eightdaysafter the receiptof his injuries!

Case XCVI. " ^Fracture of many bones, with Eupture oe the

Liver prom the pall of a mast.

A sailor,aged 60, was struck down by the fall of a mast, and

died after six hours. There was no trace of any ecchymosisto he

found over the whole body,and nevertheless we found the following

injuries:"There was a small fissure in the rightorbital plateof the

frontal bone; on the rightside five ribs were fractured,from the

third to the seventh inclusive,and about six ounces (imp.)of serum


were effused into the pleuralcavity;at tlieposteriorsurface of the liver

there were four lacerations,obviouslycaused by the protrudingends

of the fractured ribs,and about six ounces (imp.)of blood effused

into the peritonealcavity;further,the bones of both forearms were

transverselyfractured ; and, finally,the rightfemur was completelysplintered;and, nevertheless,not the slightestecchymosishadformed on the surface of the body,though the deceased had Hved

six hours.

Case XCVII. " Eupture of the Liver, Spleen, the Omentum

AND THE Stomach, by a blow from a windlass.

In hoistinga heavyweightof grain,the handle of the windlass

jerkedbackwards,and so severelyinjuredthe man (aged53)engagedin hoistingthat he died in a few minutes. No proper ecchymosiswas found upon the body,onlyover the upper part of the abdomen

there was a patchof skin six inches long,that cut leathery,and was

of a reddish-brown colour. And yet the internal appearances were

so important! A quart and a-half of dark watery blood was

effused into the abdominal cavity,and its source was evident.

On the upper surface of the liver there were thirteen or fourteen

shallow lacerations,which onlypenetratedto the depthof about a

quarter of an inch. Similar lacerations were also found on its

inferior surface. Moreover, the left lobe of the liver was completelycrushed and hung like a fibrous mass from the rest of the organ.

The posteriorsurface of the stomach exhibited two transverse lacera-tions,

three to four inches long,of which one was close to the small

curvature, and the other two inches above the great one, an

extremelyrare occurrence for ruptureof the healthystomach almost

never occurs {fid." 36, Gen. Div.,p. 134). Finally,we found the

spleencompletelysmashed, and the great omentum " also a most

rare occurrence" exhibited a laceration three inches long. Of course,

the body was generallyanaemic,except the veins of the pia mater,

which were much congested{J^id.Death from Hsemorrhage," 21, "c.

Spec.Div.).

Case XCYIII. " Comminuted Practure of the Skull from the

fall of a drawbridge.

A steersman,aged 45, died an uncommon death. Standingon


the deck of his vessel as it passedbeneath a drawrbidge; the bridge-master let the bridgefall too soon, and the head of the unfortunate

man was caughtbetween its valves ! The assumptionof carelessness

rendered a medico-legalinvestigationnecessary, in the course of

which we found generalansemia of the body,and such an amount of

injuryto the head as is onlyto be found after the applicationof the

utmost violence,as happensin the passage over it of heavywaggons,railwaytrains,"c. The whole of the rightside of the head was

visiblyflattened againstthe left,and from the lobe of the ear, which

was torn, to the lambdoidal suture there extended a gaping,sharp-

edgedwound, dividingboth the soft partsand the bones,and throughwhich the brain could be seen, lookinglike a blood pultaceousmass,which it was, in fact,found to be on this side,when examined from

the interior. Upon the rightside there was a wound throughthe

skin,correspondingto the rounded margin of the pass squamosa.

The conjtmctivceof both eyes were not in the least ecchymosed,and

there was no swellingto be seen, either on the eyelidsor on the rest

of the head ; from which we concluded that death must have been

instantaneous ; and this was afterwards found to have been, the case,

the unfortunate man having fallen dead without even givingvent to

a cry. After removing the scalp,the entire upper portionof the

skull seemed as if cut off and separatedcircularly,fissures also ex-tending

towards the occipitalbone. The squamous portionof

the temporal bone on the left side was splitofp, and there

was a fearful destruction of the base of the skull,which was broken

into innumerable pieces. The righthemisphere of the brain was

completelysmashed, as we have alreadysaid,and on the left side the

dura mater was completelytorn tln-ough. The ventricles were filled

'^''^firmly-coagulatedhlaclcblood,and similar coagulalayin the in-ternal

fossge of the skull,affordingtherebyanother proof that the

blood does coagulateafter death {Vid. p. 23). In this case,

also,the sharpdivision of the bones of the skull was somewhat

remarkable, seeingthat the body inflictingthe injurywas blunt.

I have not, however, been able to learn whether the valves of

the drawbridgewere, as might have been expected,shod with

iron, and perhapsacutelyangled. Possibly,however, there was

some unusual brittleness about the cranial bones in this case ;

they were certainlyimusuallythick, and measured, at least at

their posteriorhalf,one quarterof an inch in thickness.


Case XCIX." Rare Feacttjue feom the eall of a wall.

Both, condylesof the rightfemur of a healthyyoung workman,

aged 19, were completelybroken off by the sudden fall of a wall;

the rest of the body was uninjured. Unhealthysuppurationofthe rightknee-jointset in, accompanied by gangrene of the ex-ternal

wound, and the wounded man died after an illness of^

three weeks.

Cases C. and CI. " Peactuee of the Skull; Ceeebeal Suppu-

EATION FEOM THE BLOWS OF A WINDMILL SAIL.

(C.)A girl,aged 4 years, was struck by the sail of a windmill,became immediatelyinsensible,with convulsions on the leftside,and

died in twenty-twohours. One-half of the coronal suture was sepa-rated

to the extent of one line," a most uncommon occurrence, "

and one which,like every other disru^itionofcranial sutures,permittedthe assumptionof the previousemployment of some quiteunusual

violence,and from the end of this fissure another one extended for

three inches diagonallyinto the parietalbone. On the rightparietal

bone, towards its junctionwith the wing of the sphenoid,and with

the squamous portionof the temporalbones, there was a fracture,

with depression,about the size of a shilling.The brain unfortu-

tunatelyran out after the skull was openedas a putridpulpy mass,

and could not therefore be properlyexamined. At the base of the

skull a fissure extended from the pointjustmentioned rightthroughthe rightwing of the sphenoidand across the sella turcica,the latter

bone also beingonlyfractured by the applicationof the inost extraor-dinary

violence.

. (CI.)In this case, a boy,three years old,was struck by the sail

of a windmill. We obtained no historyof the case, inasmuch as

no medico-legalreportwas subsequentlyrequired,and therefore can

say nothingabout it. At the dissection we learned that the child

had lived seventeen days,a sufiicientlystrikingcircumstance,when

we consider the appearances discovered. Externallythere was little

visible. On the leftparietalbone, towards the vertex,there was an

irregularfour-cornered wound, with unequalsides,throughwhich

cerebral matter welled out. On the internal surface of the parietal

bone,however,there was at tliisspot a stellated fracture,the termi-


another boj with all his force^and in five hours he was dead.

The cause of death was a longitudinallaceration of the spleenthat had completelydivided it in two. There was no trace of ex-ternal

ecchymosison the body !

Case CIY."

^Fatal Cranial Injury from a fall.

It is somethingquiteunusual to find the base of the skull fissured

subsequentto a fall from an inconsiderable height yetthis we found

in the case of a womaU;, aged 52, who fell from a cupboard,and died

in twenty-sixhours. Externallythere was nothingremarkable. On

removingthe skull-cap,however, a triangularfissure was found in

the righttemporalbone, one legof which passedacross the base of

the skull throughthe sella turcica quiteto the oppositeside. Above

the dura mater and coveringthe whole of the left hemisphere,there

lay a coagulum of dark blood half-an-inch thick. The pia mater

itself was ansemic,but in the substance of both hemispheres,close

to the lateral ventricles,there was an extravasation of dark blood of

about four drachms (imp.)in weight. There was also in the fourth

ventricle an extravasation the size of a pea.

Case CY."

Fatal Cranial Injury from a fall.

The followingcase, resemblingthe foregoingin the remarkable

extent of injury,followinga fall from a still more inconsiderable

height,was easilyexplicablefrom the unusual thinness (onlyone

line and a-half)of the cranial bones of the aged (70 years old)man.

He fell on the floor of a room, and was taken up senseless and com-pletely

paralysedon the leftside, and died in two days in the

Hospital. The only trace of injuryvisible externallywas a slight

ecchymosis,the size of a plum, upon the external angleof the right

eye. The squamous portionof the righttemporalbone was fractured,

the rightparietalbone divided by five fissures,and upon the right

hemisphere,over the dura mater, there lay an unusual quantityof

pulpy,coagulatedblood, tliree inches and a-haK in thickness and

about three ounces (imp.)in weight,which had made a groove-like

depressionon the brain. A smaller extravasation,weighingabout

two drachms (imp.)upon the leftside of the base of the skull.


Case CVI. " ^Eeacture of the Skull and Vertebe^, and

Etjptuee of the Spinal Coed by a fall feom a height.

A mason, aged33, fell from a scaffoldingfour stories higli,and

died two daysafter. The results of this very considerable fallwere

a fissure an inch and a-half long,which extended from the rightorbital plateof the frontal bone rightinto the _pass crihrosa of the

ethmoid,and a completeshatteringof the ninth dorsal vertebra.

Beneath this the clm-a mater of the cord was torn to the extent of

one inch, and the spinalcord itself crushed and completelytorn

through. And yet this man lived two days!

Case CYII." Muedee by a contused wound of the head.

Markendorf, at the time of the murder a young man just18,went to a shoemaker of his acquaintancewith the intention,as he

afterwards confessed,of robbinghim of a pairof boots at allhazards.

The shoemaker sat upon a stool at his work. While conversing,M, slippedbehind him, seized his hammer, and struck with a will

and repeatedlyupon his head ; the unfortunate man fellfrom his seat

stunned,and very soon thereafter died. The murderer subsequentlyconfessed "

what I have often heard fromthe mouths of such criminals

(thereseems to be some peculiardemoniacal pleasurein crime !)"that after givingthe first stroke with the hammer, and with his

victim alreadylyingmotionless before him, he became quitefurious,and feltas if he could keep on batteringliim " for ever." This con-fession

entirelycorrespondedwith what we found, \\z.,fotir-and-

twentyindividual injuriesof the head, extendingeven to the face

(eyes,nose, and cheeks). Amongst others,the left ear was entirelyseparated,all except a narrow connectingband, by a transverse

wound, with obtuselyincised edges; there were also several such

wounds on the soft parts of the head ; and from this we, at the

medico-legaldissection,where the nature of the deed and its perpe-trator

were alike unknown, at once concluded that the deceased

must have been killed with a blunt (correspondingwith most of the

wounds),but also with an obtuselysharp,weapon. This supposi-tion

was afterwards confirmed by the confession of the murderer,who acknowledgedhavingused both sides of the shoemaker^s ham-mer

alternately.It would be most wearisome and superfluousto


enumerate all the individual injurieswliicliwere found at the dissec-tion

; we content ourselves with recapitulatingthe most important,which were, a vertical fracture of the left,and a semilunar fracture of

the righttemporalbones, throughtheir respectivesquamous por-tions,

and also a completefracture of the base of the skull,rightacross from one wing of the sphenoidto the other. The veias of

thepia mater, especiallyon the left side,were distended with dark-

coloured blood. Oppositeto the fracture of the lefttemporalbonethere was an extravasation of blood the size of a threepenny-piece,and a penetratingwound of the brain one-quarterof an inch in

depth.

Case CVIII, " Complete Shattering oe the Skull by a blow

with an axe.

The followingfearful case was also equallyeasilydecided. A

man, aged 60, whose mental condition,when subsequentlyexamined,was found to be defective (imbecile,in the Common Law sense of the

term),and who was consequentlydeclared by us to be irresponsible,had allowed the idea,that he must die by the hangman^shands,to

become fast rooted in his mind, and in order to attain this wished-

for end, he had resolved upon killinga boy aged 12, who was in

the habit of assistinghim in his labour's,and for whom he alwayshad a certain amount of love and attachment ! He invited the boyto come to him one Saturdayafternoon on the pretenceof assistinghim to cut wood in the cellar. He had previouslyin this very

cellar scattered some dominoes about the chopping-block,that the

boy mightbe induced to stoop for them j and while in that positionhe intended to strike him dead with an axe. This planwas exactlycarried out. Having come into the cellar,the boy stoopedto

pick up the dominoes, and at that instant,E, " paralyticon the

rightside " smashed his skull with the axe which he held in

his left hand ; whereuponhe went at once to the police,and with

the utmost composure disclosed his deed,requestingthat he mightbe executed as speedilyas possible! The wounded boy was im-mediately

carried to the surgicalhospital,but died on the way.

The upper part of the skull was smashed; no fewer than eightlargeand small piecesof the leftparietalbone, from the size of an

almond to a crown-piece,were found lyingloose upon the dura

"mater,which is an exceedinglyrare occurrence. One of these frag-

" 9. SUICIDE OR HOMICIDE? 263

ments had penetratedthe dura mater. The frontal bone was

completelysplitby a fracture runningdiagonallyacross it. The

surface of the brain was^ as it were^ strewn with numerous extra-vasations

of coagulatedblood,and the hollows between the convo-lutions

were filled with blood. In the posteriorthird of the left

hemispherethe extravasation extended throughoutthe whole sub-stance

of the brain. At the base of the skull there was a fissure

two inches longin the left greatwing of the sphenoid,and a second

fissure had sphtthe occipitalbone to its basilarportion.In accordance with our opinionof the mental condition of the

murderer, as expressedin our extended report he was not executed,

but sent to an asylum.

" 9. Suicide oe Homicide ?

Whenever the questionarises :" Has the deceased died by his own

hand"

suicide or carelessness " or by the hand of another ? there

are three criteria upon which a decision may be based,which is

sometimes quiteeasilyarrived at, but in many cases is extremelydifficult. The decision may be based upon facts which are quiteexterior to the body,and which involve the exercise of a sound judg-ment

"^which is of far more value in medico-legalmatters than all

the subtleties of the ancient medicina forensis. The facts I allude

to are oral or written communications made by the deceased,from

which his designto commit suicide may be gathered,"the fact of

the bodybeingfound in a room locked on the inside,"c. We may

rationallyconclude that the case has been one of suicide,when it is

known that the deceased has lived in any of those social conditions

which experienceteaches us often lead to suicide;there are also

hundreds of circumstances occurringin individual cases, which it is

impossibleto enumerate collectively,which make a rational decision

more or less easy {VideIllustrative Cases),by which it is of course

understood that the results of the dissection support the decision

arrived at,and do not afford any indications contraryto it. Thirdly,however, the results of the dissection itself,taken into connection

with the postureand positionin which the body was found,even the

nature and appearance of the clothing,the weapons which may have

been found by the deceased,the body in short,as such,with all its

* The very remarkable case, CCLXXXIV., shows how even written com-munications

of this character mav be involved in doubt.

264 " 9. SUICIDE OR HOMICIDE?

accessories of place^"c., will always afford tlie most conclusive

evidence on which, to base our judgment.Whenever the question arises : "

Has such an one who has

perishedfrom a fatal mechanical injury,perishedfrom accident,

suicide,or the fault of a third party? no single,generallyapplicable

propositioncan be laid down, except that fatal contused wounds per-mit

the conclusion to be drawn, that the death has been caused by a

third party, with a probabilityso great, as almost to amount to

certainty.Por experienceteaches us (notwithstandingthe uncom-mon

rarityof such cases in the entire literature of the science),

that men almost never (as we can easilyunderstand !) choose this

most uncertain and impracticablemode of committing suicide. I,

myself,have never seen a case of the kind. In regardto the other

kinds of fatal mechanical violence alluded to in this chapter,each

individual case must be decided on its own merits. Por example, at

that part of the rauway on which a shattered corpse was found, a

loftybarrier,or other fence,had to be surmounted to gainthe rail-way,

and in such a case, therefore,no one could hesitate to regard

the case as one of suicide. It is more difficult to decide in the case

of falls from a height,downstairs,"c., and in such cases, the accused

not infrequentlydeclares that the deceased had fallen by chance, and

without any complicityon his part. Should the peculiaritiesof the

case render it impossibleto givean indubitablycertain decision,itis

better openlyto declare our incompetence,or to confine ourselves to

tenable probabilities,rather than assume a certaintyfor the one case

or the other,for which we have no scientific basis. The accused in

fatal cases of violence often resort to the silliest subterfugesin the

way of statements and descriptionsof how the deceased has been

kuled by accident,or by liisown fault" never by the fault of another

;

and of this.Case LYIII., alreadydetailed,afPords a most striking

example,showing also how the appearances on dissection can con-trovert

the most daring and obstinate lying." We have also to con-sider

the questionsof suicide,accident, or murder, in respect of

every particularkind of violent death, and since many circumstances

which have more particularreference to one kind of death, require

to be considered in all,to avoid repetitions,we beg now to refer to

"" 14, 23, 37, 42, 51, 57 and 62.

" 10. GUN-SHOT WOUNDS. 265

CHAPTEE II.

DEATH FROM GUN-SHOT.

" 10. The Gun-shot Wound.

We reckon this kind of death among the "' mechanical,"because,in

most cases, it is caused exclusivelyor chiefljby destruction of the

integrityof the external and internal organs involvingthat of the

corporealmechanism."^ The diagnosisof this form of death is not

dif"calt,since its effects are usuallyvery evident. We have already

("37j Gen. Div.)considered the nature of the weapons employed,and have now to consider their effects. It is difficultor impossibleto givea generaldescriptionof a gun-shotwound, since no one such

wound resembles another,as will be readilyacknowledgedby every

one who has had any experienceof them. In one case, we have such

a manglingof the countenance that the body can be no longerthereby

recognised;in another, there is nothingto be seen on the body

except a small,insignificantwound, and that,too,in some out-of-the-

way part of the body,such as the axilla or poplitealregion. And

yet both of these are gun-shotwounds. It is possibleto laydown

but few generally-applicablecriteriain regardto such wounds, and,

accordingto our experience,these few are the following:" Every- gun-shotwound either traverses the whole body,and we have a wound

of entrance and a wound of exit,or the shot does not pass tlirough,but lodges. In such cases it is usuallya most vain proceedingto

attempt to find the ball,pieceof lead,or shot in the body, even

when such a solid projectilehas been employed,which is by no

means alwaysthe case. The pieceof metal,or wadding,is most

easilyfound in the skull,and when it has been impelledonlyby

* The ancient doctrines regardingthe effects of the wind of halls,which

were based upon not very trustworthy observations made upon fields of

battle,"c., and have been long very generallydoubted, have been proved

to be perfectlyfalse and untenable by Pelikan's very ingeniousexperiments.Vid. his Beitr"gezur gerichtl.Medicin,Toxicologicand Pharmakodynamik.

W"rzburg, 1858, s. 151.

266 " 10. GUN-SHOT WOUNDS.

water or compressedair. It is difficultto find the projectileor wad-ding

in the chest when the lungshave been much destroyed,and the

pleuralcavities are filledwith masses of coagulatedblood,and this is

reduced to a bare chance in the case of the abdomen, where several

organs are reduced to a bloodypultaceousmass. Every gun-shot'Wound penetrates to some co7isiderablerelative depth; seldom or never

do we find the extremityof the wound near itscommencement in the

case of the brain,lung,liver,or intestine,"c.,but we almost alwaysfind the organ originallystruck completelypenetrated,which we can

easilyunderstand, from the violence of the gaseous expansionbywhich the bullet is impelled.Everygun-shotwound has,moreover,the peculiarityof becominglargerthe deeperit goes, therebydifferingfrom puncturedwounds, "c. Should the ball lodgein any soft part,

the cavityin which it is found is often from two to four times the

diameter of the wound of entrance. And this is not contradicted

by the fact that where a bullet has not lodgedbut has passed,alongwith the air or gas accompanyingit,quitethroughthe body,the

wound of exit is alwayssmaller than the wound of entrance. All

recent observers agree in this opinion,which is quiteopposedto that

which was formerlythe popularone, and they are rightin so

doing. These revolutionaryyears have afforded others,as well as

ourselves,ampleopportunitiesof studyingsuch wounds !* Wounds

from double shots,as from double-barrelled pistols,"c.,or from slugsor pelletsout of one barrel,divergeafter their entrance into the body,a fact easilyrecognisedby the positionof the wounds of exit when

these are present,even where the condition of the wound internallydoes not permit the course of the projectilesto be traced. When

the chargeof shot has scattered before reachingthe body,sometimes

a few only,or perhapsbut a singlepellet,is found to have penetratedit,though the originalchargehas consisted of many such pellets.I

cannot state the distance requiredto permitthe chargeto scatter,

nor can I maintain that.

Lachese t is correct in assumingthis to be

three feet. In one of those unfortunate and too frequentcases, in which

a girlwas shot at in jokeby her sweetheart with a gun supposedto

be empty, but which was actuallyloaded with buckshot, it was

ascertained that the man had stood six feet from the girl,and yetthe chargewas not scattered,and we found the whole of the left

* Vid. for observations on the Parisian street fights,and on the campaignin Baden, B"chner in the Prager Vierteljahrschrift,1854, i. s. 38, "c.

t Annales d'Hyg.,1836, s. 386.

268 " 11. GUN-SHOT WOUNDS.

" 11. Continuation.

The sliot produceseither a sharply-defined round openingin the

soft parts,or in the bones,as when it makes an openingin the skull

like a trepanwound; this is,however but rarelyobserved ; or itlacer-ates

and shatters. Wounds of the firstkind have been termed pure (?),those of the latter sort,usual gun-shotwounds ; this is,hoAvever,a

matter of no importance. Whether this difference in effect be pro-duced,

as itmost probablyis,by the loadingor by the kind of weapon,

I cannot say. It does not certainlyresult from the distance from which

the shot has come, so that the appearance of the wound does not in

this respectafford any means of diagnosisbetween murder and

suicide (" 14); independentof the fact,that in the case of the

murder of one asleep(CaseCX.),or quitenear (CaseCXXYI.), and in

suicide,where the shot has been fired from some appreciabledistance

(Case CXXYIII.), those appearances dependanton distance may

closelyassimilate. Orfila,and after him Simon,'^ have expresseda dif-ferent

opinion" ^viz.,that when the shot was fired quiteclose (withinfrom sixtyto eightypaces, accordingto Simonis observations in the

campaignin Baden),and ^^when it came with greatforce,'the aper-tures

of entrance and of exit were preciselysimilar,and seemed as if

theyhad been cut out with a punch. But here,again,we have con-siderable

stress laid upon" the force" with which the shot struck;and

my own observations compelme stillto maintain the correctness of the

opinionsjustlaid down. When the shot,as is often the case, crushes

and lacerates the partsat its entrance,then the edgesare found irre-gularly

torn and lacerated in every conceivable fashion,often with a

considerable deficiencyof skin at the aperture of entrance,and the

subjacenthard partscompletelyshattered with jaggedfissures stream-ing

off in every direction,or whole portionsof the body,the head,

for example,may be partiallyor whollyblown off from the rest.

The colour of the edges is susceptibleof infinitevariation. When

the shot is not of such a character as of necessityto producein-stant

death,the edgesare usuallysurrounded with a more or less

broad border of ecchymosis,and are hard to cut. They are

generally,but by no means always,more or less scorched,and then

appear black as a coal and smeared with black blood. This colour is

to be distinguishedfrom the blackeningproducedbygunpowderitself,* B"chner, op. cit.

" 11. GUN-SHOT WOUNDS. 269

inasmucli as it producesa largeror smaller number of patchescovered witli littlegreyisliblack dots. These scorchingsand brand-ings

with powderonlyprove that the shot has not come from any great

distance,that is, as I have learned by observation iu those cases

in which it was possibleto estimate it,from a distance not greaterthan from tlireeto four feet. In cases, therefore,where suicide or

murder isin question,these marks may, accordingto the individual

circumstances of the case, either afford no proofat all,or, at the most

can onlyfurnish a probability,as, for example,when two men have

been travellingtogetherin one waggon, or have been wrestlingwith

one another,and it has become matter of doubt whether the shot

that has killed one of them has been fired by the other or not. In

general,however, the completeabsence of scorchingor of powder

brandingfrom the edgesof the wound permitsus to assume with

some degreeof certaintythat the shot has come from a considerable

distance (morethan four feet),and has therefore probably,or accord-ing

to circumstances,with greatprobability,been firedby a third party,

unless, as may happen in a few rare cases, there are facts to show

that the suicide has made peculiararrangements to shoot himself

from a distance (asby means of a stringfastened to the trigger,"c.).Por experienceteaches us that tliewhims of suicides are innumerable,and often lead them to the most fantastic proceedings.But, more-over,

I cannot permitit to be assumed that the absence of scorchingand powder brandingis an absolute proof that the shot has come

from a distance," a doctrine that may be attended with the gravestresults in importantcriminal cases, since I have missed both of

these criteriafrom the edgesof the wounds of persons who had indu-bitably

shot themselves. One of the most recent of these was that

of an instrument maker, who, as a letter in his pocketproved,had

shot himself for slightedlove. The body was found lyingin the

Thiergarten,*but no weapon near it. The charge,a pieceof lead,

apparentlyfiled by himseK to the shapeof a conical bullet,had

traversed the heart. The wound was of a remarkable,almost

perfecttriangularshape,its sides measuringone inch and a-half and

one inch in length,and its edgeswere perfectlysharp,smooth, and

perfectlyunecchymosed,so that it resembled an incised much more

than a gun-shotwound ; not a singlegrainof powderwas to be found

branded on the edgesof the wound, the neck or the face. If the shot

have passedthrougharticles of clothingbefore enteringthe body,* A largepublicpark close to Berlin. " Tkansl.

270 "11. GUN-SHOT WOUNDS.

these are usuallytorn, and very often,from the elasticityof their

textures,theydisplaya smaller aperturethan the wound in the body,

or theymay remain untorn, passinginto the body as a pouchin front

of the ball,which falls out when the cloth is pulledforward. Such

cases are, however,but rare, while it isvery common to find rags torn

from the clothinglyingwith the bullet when its track is laid open in

the body."^ In regardto the trade of the ball,this can in general

onlybe followed and investigatedwhen it has passedthroughdense

and firm parts,such as the muscles of the extremities or back, the

Qiates,"c. Its generaldirection can also be estimated when itpasses

tliroughpartshaving a dense surface,as the head and face,thorax,

"c. In the soft partsit is different. Among these the bullet track

is most easilyfollowed in the brain by carefullyremovinglayerafter

layer,the track being easuyrecognisedas a bloodypulp,passingin

a certain direction throughthe healthybrain-substance. In the heart,

also,it is sometimes possibleto follow the track of the wound, but

in generalin such cases the heart is so completelydisfiguredas to

render it impossibleto discover the direction of the shot. This is

also the case with the lungs in most instances,and also with the

liver and spleen. When the shot has passedthroughthe bowels,it

is also extremelydifficultto investigateits direction,and for this very

reason, that the intestinal convolutions must be more or less altered

in their positioneven to beginthe inquiry,and the whole state of

matters is thus necessarilychanged. In all such cases a comparisonof the orifice of entrance with that of exit,where it exits,affords

often a basis whereon an opinionregardingthe generaldirections of

the wound may be based. At other times,and this rightoften,the

bullet traverses the body in various directions,glidingoff smooth

surfaces,ricochettingfrom hard bones, "c.,and findingits exit in

some unexpectedspot. And therebyare explainedcases of the pre-servation

of life after a gun-shotwound that trench on the marvel-lous,

such as afterthe balls passingthroughthe neck,which,however,did not, of course, pass tln:oughthe trachea,carotid,"c.,but onlyaround them. Beginnssuppositionthat it is possibleto distinguishthe cicatrix of the apertureof entrance from that of exit seems an

unusuallyrash one. He says that the cicatrix of the apertnre of

entrance is circular,concave, depressed,the skin equallyplicatedfrom the peripherytowards the centre,also white and hardish,whue

that of the wound of exit is generallysmaller,irregularin its interior

* Vid. the representationsof gun-stot wounds, Plate II. Figs.4, 5,and 6.


protruding,elevated,slit-shaped,or of various forms. It is,how-ever,

self-evident,that too many circumstances modifythe formation

of the cicatrix to permitsuch views to be regardedas founded on

fact ; moreover, the matter seems to be of very littleimportancein

regardto medico-legalpractice,since if any one wounded by a shot

has lived longenough to have his wound cicatrized,he willprobablybe

able to tellthe Judge liimself from what direction the shot came.

Proofs in favour of all the assertions here made will be found in the

illustrativecases, which will be givenimmediately."^

" 12. Experiments on the dead body.

The result of my experimentson the dead body in regardto gun-shot

wounds could onlybe to make more completethe proofof the

resistance of the dead corporealtissues,in contradistinction to the

same tissues when alive,after I had alreadylearned this peculiarityfrom my experimentswith contused wounds ("6, p. 244), and this

peculiarresistant propertywas found to be confirmed in a most re-markable

manner. Bullets,half-an-inch in diameter,firedfrom a com-mon

pistolagainstany bone, but particularlyagainstthe cheek-bone,from a distance of onlyfrom four to five feet,did not penetratebut

rebounded,aftercontusingthe soft parts. The same thinghappenedwith slugsshot againsta rib. A similar bullet was also fired from

the same pistolagainstthe side of the occiputof a male corpse. It

penetrated,but remained stickingin the aperture,which itcompletelyfilled,as the stuffingdoes a hollow tooth " no trace of a fissure be-ing

found in the bone (which was of the usual thickness).How

differentlywould a livingbone have behaved if similarlywounded.A. conical bullet fired from a distance of three feet againstthe ab-domen

of an adult covered with four folds of linen,did not succeed

in completelytraversingthe body,but remained stickingin the

muscles of the back. It had not carried any part of the linen with

* It is to be hoped that physicianswithout much experience in medico-legal

matters, who are nevertheless frequentlycalled upon at public trials

to performthe part of " experts,"and also that medical boards of reference,which do not always contain skilled medical juristsamong their constituents,

may be warned by the opinionsgiven above, and founded on actual expe-rience,

to find no fault with medical inspectors,should they in certain cases

declare themselves unable to make any decided statement regardingthe

direction of the bullet-track,in spiteof the most careful investigation,or

should they confess to not having found the bullet in the body,"c.


it into the body. A conical bulletfired at tbe distance of six paces

againsttbe left side of tliehead of a man^ aged 24, who had been

drowned,broke up the cranial vault without destroyingthe scalp,and completelytraversed the head,escapingat a pointdirectlyoppo-site

its entrance. The track of the bullet could be distinctlytraced

throughthe brain,its substance beingbut slightlydestroyedby its

passage, of course without any effusion of blood. The wounds of

the skin and bones had the characteristic form of those caused byconical projectiles,without any laceration or smashing,and of course

without any discoloration of the edges of the wound. Another

drowned person, was shot,at the same distance,with a round bullet

from a double-barrelled gun between the third and fourth ribs. The

wound of the skin looked as if cut out with a cliisel. The track of the

ball could be very distinctlytraced,which itis quiteimpossibleto do

in the livingbody,from the extensive laceration of the soft parts. It

had cut clean throughthe upper lobe of the leftlung,then the aorta,

the body of the fifththoracic vertebra,the upper lobe of the right

lung,and terminated in a somewhat less sharp-edgedwound of exit

on the rightside. The track of the bullet could be traced as empty

grooves throughthe brains of all the bodies shot through their

heads,of course, because there was in these cases no effusion of blood

to disturb the distinctness of the view. It does not need to be men-tioned,

that the edges of the wound in every case presentedno

appearance which could be mistaken for vital reaction. And for

this reason, gun-shotwounds, even when purposelyproducedon dead

bodies, can never for one instant be confounded with wounds

similarlyproducedduringlife.


Case CIX. " Gun-shot Wound of the Lung and Spinal

Maerow.

The bullet which killed a deer-stealer,aged38, took the following

extraordinarycourse. It entered the left hand, followed the course

of the radius,and penetratedthe left shoulder. It shattered the

firstand second ribs,passedbeneath the collar-bone without wound-ing

the vessels,into the leftthoracic cavity,lacerated the top of the

left lung,traversed the body of the third thoracic vertebra,lacer-ating

the anterior surface of tlie spinalcord, and finallypassed


into tlie soft parts of the back,where it was found on dissectingthe body.

Case CX. " Gun-shot wound op the Liver.

This case was more rare and remarkable in itspsychologicalaspectthan in its medico-legalone. Klebe, a journeymanmason, lived

with a mistress,and suspectedthat his son, a lad of 21, the fruit of

a former marriage,was too intimate with his sweetheart. He de-termined

to revenge himself,and soughtto murder Jiisown son from

jealousy! ! The scene at the perpetrationof the crime was such as

the most luxuriant fancycould scarcelyimagine. Here laythe son

in the same bed with his younger brother,a littleboy,round whom

his arms were accidentlythrown " there,in the darkness of the

night,the fatlierglidesto the bed whereon his children sleep,asmall lampin one hand, a loaded pistolin the other ; he bends over

the boy that he may not hurt him, placesthe muzzle of the pistol

justover the liver of his oldest son, pullsthe trigger,and killsliim

on the spot! At the dissection the whole of the liver,exceptthe

lolmlus Spigelii,was foimd so completelybroken up that,alongwith

the gall-bladder,it was transformed into a bloodypulp.Two poundsof dark fluid blood were effused into the peritonealcavity.The

bullet had traversed the liver,and also the internal edge of the

spleen,and was lodgedin the eighthdorsal vertebra,in which it was

found sticking.The unnatural criminal was executed. While in

confinement he made a greatdisplay(orpretence?)of penitenceand

piety!

Case CXI. " Gun-shot wound of the Omentum and Small

Intestine.

A woman, aged50, was accidentallyshot at the ball-practisingof

tlieCitizen Militia. She stood about twenty paces distant from the

placeof firing;the musket-ball entered in the righthypogastricregion,and made its way out posteriorlyat the rightborder of the

sacrum ; and the woman lived two hours. The abdominal wound

was protrudedbythe incipientputrefaction(not,therefore,inverted !)^the edges,to the extent of a quarterof an inch,were irregularlyecchymosed; and, of course, from the distance at which the shot

was fired,no powdermarks were visible upon them. The edgesof

T


the wound in the back were also protrudedlike those of the orifice

of entrance^but they were not ecchymosed. The bullet had gone

quitethroughthe greatomentum,, and had torn a piecethree inches

in size out of the anterior wall of the ileum^ close to its entrance

into the csecumj " appearances which sufficientlyexplainedthe pre-sence

of fsecesjand of eight ounces of coagulatedblood in the

peritonealcavity. The whole of the body was completelyan-aemic.

Cases CXII. and CXIII." ^Patal gun-shot wound of the

Head.

At the well known assault upon the arsenal on the eveningof the

14th of June^ 1848, two of the assailants^" ^both of them from the

lowest dregsof the people," were shot dead by the CityMilitia.

The one " a thief ah'eadyconvicted eleven times !" had three gun-shot

wounds on his head ; one, a lacerated wound, almost triangular,and one inch long,was situate over the rightsupra-orbitalarch ;

half-an-inch above this was the second wound, also with lacerated

edges,and the size of a fourpenny-piece; and the third one, one

inch in diameter,was situate on the rightparietaleminence, and

from it there projecteda pieceof bone half-an-inch long. The whole

of the skull was shattered,and the rightcerebral hemispherecom-pletely

broken up. How could this extraordinaryshot be explained?

Only by supposingthat the shot had been fired by a double-

barrelled musket, both balls having entered through the wound in

the parietalbone, and afterwards diverged,as such shots generally

do, and escapedby two different openingsanteriorly.This suppo-sition

of mine was afterwards confirmed by further investigation,

which broughtto lightthat onlytwo shots had been fired upon that

occasion,one of which had killed this man, and the other,,

his worthycomrade, who was a journeyman shoemaker and barricade

hero of 30 years of age. At the moment of the receiptof the fatal

wound, he must have been callingout with open mouth (orperhapsbeen yawning),since the bullet had entered by the mouth and passedout at the rightside of the neck,one inch from the spinousprocessesof the sixth and seventh cervical vertebrse,where there was a roundish

lacerated wound with everted swollen edges. The tongue was torn

to its centre, and hung in bloodytatters half-an-inch out of the


distance of 150 paces. A preciselysimilar aperture was found in

the cranial bones,and close beneath it the conical bullet was foand

lodgedin the protrudingcerebral substance,with its base,strangeto say, flattened out and, as it were, torn. The declaration of an

eye-witnessthat the bullet had firststruck a plank,and had been

reflected from that to the boy^s head, sufficientlyexplainedthe

irregularappearance of the wound, and the triflingeffectproduced

by the ball. The boy lived three days. The posteriorhalf of

the rightcerebral hemispherewas completelytransformed into a

purulentpulp. The case was all the more interestingfrom the fact

that the perpetratorof the deed was known to be one of two, one of

whom used a conical and the other a round bullet,and the discoveryof the conical bullet in the body revealed the true culprit.

Case CXYI. " Patal gun-shot wound of the Head by a

conical bullet.

This was a case very characteristicof the nature of a wound made

by a conical bullet. The ball had entered on the rightside of the

neck, near the vertebrse,by a small triangularorifice,scarcelythe

size of a threepenny-piece,the edgesof which were slightlyinverted

and ecchymosedto the distance of about two lines. The aperture

of exit was situate on the rightcheek in front of the ear, and appeared

as a triangularwound half-an-inch long,with edgesecchymosedfor

about a line'sbreadth,and not everted. The whole of the base of

the brain was bathed in black coagulatedblood. The petrousportion

of the righttemporalbone was fractured,zigzagfissures running

from this pointinto the occipitalbone.

Case CXVII, " Fatal gun-shot wound of the Head with a

CONICAL bullet.

This was the case of a canal labourer,named S.,aged21, who was

shot throughthe head duringthe riot on the 16th of October,1848.

In the middle of the rightcheek there was an irregular,roundish

wound, about the size of a halfpenny,with hard,dryedges,burnt for

about half-an-inch all round " whence it was to be gatheredthat the

muzzle of the piececould have been but a few feet distant (Vid. " 11) ;

and throughthis openingone could look into the antrum Highmori.

The apertureof exit was at the rightmastoid process, and was a

"13. ILLUSTRATIVE CASES. 277

triangiilarwound, with soft uneccliymosededges. The whole of the

rightside of the skull was shattered,and particularlythe rightgreat

wing of the sphenoid,the temporalbone with itspetrousportionand

part of the occipitalbone. The base of the brain and the cerebellum

were bathed in dark blood coagula.

Case CXYTII." Gun-shot wound of the Popliteal Yein.

At another targetpracticeof the CityMilitia,a boy,12 years

old,standingby the target,was shot dead. In this case the death was

caused purelyby hsemorrhage,and this from the poplitealvein. The

ball had passedbeneath the knee-jointfrom witliinoutwards,without

injuringthe joint,and had made a tear three-quartersof an inch longin the posteriorwall of the poplitealvein. The apertureof entrance

was circular,its edgessharp,smooth,dry,ecchymosed,and somewhat

inverted. The apertureof exit was somewhat smaller,its edgeslacerated and everted. The bullet track was stuffed with coagulatedblood. That the hsemorrhagein this case must have been consider-able,

and trulyfatal,was sufficientlyevinced by the completeanaemia

of the wliole body,which in this case even affected the cerebral veins ;

and this,as I shall by-and-byshow, is by no means alwaysthe case

in cases of death from hgemorrhage(" 21, Spec.Div.).

Case CXIX. " Gun-shot wound of the Heart and Lungs.

At the canal labourers^ riot at Berlin on the 16th of October,1848,

by an unluckychance,an unconcerned watchman, who sat composedlyin his box upon the fieldof battle,was shot through the chest ; the

bullet passedover the manwbrmm sterni into the chest,where it

lodged. The heart was torn to pieces,and the superiorlobe of the

leftlung was partiallylacerated,and of course there was an enormous

effusion of blood into the cavityof the pleura. The ball had not

passedout of the body,yet it could not be found amid the mass of

blood coagula.

Case CXX. " Gun-shot wound of the Vena Cava.

The followingsix cases also take their originfrom the same canal

labourers' riot;theycomprisea journeymanmason, two journey-mentailors,a whilom publican,a day-labourer,and an unknown

5J78 " 13. ILLUSTRATIVE CASES.

workman. In the case of T., there were three poundsof half-coagu-latedblood in the peritonealcavity,which had come from a Avound of

the vena cava. The orifice of entrance was over the crest of the

left ileum, and its edges were ecchymosed for two lines in breadth.

In this, not only was the ball not found, although,as it had not

passed out, it must have been lodging in the body, but even a

probe which was stuck into the track of the bullet to pointout its

course also disappeared"the like I have seen in two other cases, "

and it had to be sought for long in the abdominal cavitybefore it

could be found.

Case CXXI."

Gun-shot wound op the Aech of the Aoeta

AND op the Lungs.

In C, aged 18 years, the bullet had entered between the second

and third ribs on the left side,and passed out at the rightshoulder-

blade. Remarkably enough, the ball,without wounding the left

lung,had penetratedthe arch of the aorta, making in it an orifice

the size of a threepenny-piece,whose edgeswere not ecchymosed,it

then traversed the upper lobe of the rightlung,two-thirds of which

it had completelylacerated. In the rightcavityof the pleurathere

were ten, in the left three ounces of dark fluid blood. In this case,

also,of sudden death from hsemorrhage,the cerebral veins were by

no means empty.

Case CXXII."

Gun-shot wound oe the Diaphhagm and

Lung.

In this case the appearances were most unusual ! Externally,the

aperture of entrance (with inverted edges,hard to cut, and ecchy-mosedfor the breadth of two lines)was visible between the fifth and

sixth ribs on the right side. On layingopen the thorax, the liver

was the firstthingthat caught the eye, its convexityprojectinginto

the cavity.Of course, the diaphragmmust have been injured,and,in

fact,it was found torn rightacross its righthalf. The inferior lobe

of the rightlung was also lacerated by the bullet,the direction of its

track was therefore easilyinferred. There was nothing else injured.

^13. ILLUSTRATIVE CASES. 279

Case CXXIII. " Wound of the Ltjng and^^Yena Cava by a

CONICAL bullet.

A most cliaracteristicwound by a conical bullet had provedfatal

to a canal labourer. The onlyinjuryvisible on the entire bodywas an orifice the size of a pea at the internal part of the right-

arm, with edges bhie and ecchymosedfor the breadth of two

lines. Tliis littlewound was only discovered after repeatedcare-ful

but fruitless examination of the whole body for an injury,and

might very readilyhave been overlooked,particularlyif the bodyof the presumedvictim of accident or suicide had been onlyinspected

by a legalfunctionary.The bullet had passedinto the chest,had

penetratedthe upper lobe of the rightlung,and lacerated the vena

cava. We could not find the bullet amidst such a mass of blood

coagiila(eighteenounces in weight). The followingwas a similar

case :" "

Case CXXIV." Gun-shot wound of the Heaet and Lung.

The bullet had entered between the sixth and seventh ribs. The

wound was irregular,roundish,half-an-inch in diameter,apparentlycaused by a common musket (baUand not a conical)bullet ; itsedges

were not inverted,but were irregular,hard, and surrounded with a

dark-red ecchymosisthe breadth of two lines. The internal wound

was not ecchymosed.In the leftpleuralcavitythere were four,and in

the rightone twenty ounces of dark coagulatedblood. The ball had

passedthroughthe inferior lobe of the leftlunginto the pericardium,had completelylacerated the left ventricle of the heart,and finally

penetratedthe inferior lobe of the rightlung,in which it remained

implanted.

Case CXXV. " Gun-shot wound of the Lung and Femoral

Artery.

This man had been twice shot. One bullet had lacerated the fe-moral

arteryabout the middle of the rightthigh,and another had

apparentlypassedin by a wound about the size of a shilling,with

dark-red ecchymosededges,situate over the left acromion,out of

which protrudedthe splinteredcollar-bone. The orifice of exit.

280 "13. ILLUSTRATIVE CASES,

situate at tlieupper edge of the left shoulder-blade^resembled the

wound of entrance,onlyit was smaller,and had everted edges.The

ball had passedthrough the top of the superiorlobe of the lung,and had broken off the left transverse process from the firstthoracic

vertebra,and shattered itsbody. Withal, it was somewhat remark-able

to find onlythree ounces of clear fluid blood in the leftpleural

cavity,whilst in generalmuch more considerable effusions of blood

are found in cases of penetratingwounds of the lungs,as the fore-going

cases have exemphfied.But the whole body was ansemic,and

the fatal haemorrhagehad evidentlytaken placefrom the femoral

artery,and at an earlierperiodthan that from the lung. Had both

of these shots been firedwith criminal intent by two difi'erentpersons^

the case would have givenrise to most interestinglegalquestions,since,accordingto the appearances on the dissection,the (ofitself

unquestionablyfatal)wound in the chest did not kill,but had onlybeen inflicted upon a man alreadymortallywounded.

Case CXXYI. " Mueder by a gun-shot wound of the

Diaphragm.

According,as it was alleged,to previousagreement, a journeyman

silkweaver,shot his sweetheart (one hot August), by placingadouble-barrelled pistol,each barrel of which had been loaded with

half a bullet,upon the regionof her heart and firhigoff one barrel.

He then endeavoured to shoot himself with the other barrel,but the

bullet was caughtin it. His sweetheart,stillliving,called on him

to stab himself,which he attemptedto do with a bread-knife and two

razors, but in vain. The girl,stillliving,exhorted him to hanghimseK ! and he tried to do this with a towel fastened on a doorlatch.

He became insensible,was seized,imprisoned,and condemned to be

executed,this being afterwards commuted to imprisonment.The

body of the girlwas, alas ! onlythree daysafter her death already

green from putrefaction; between the seventh and the eighthribs on

the left side there was a largeopeningout of which the stomach pro-truded,

in size like a child^s head,but in so disorganizeda state that

in attemptingto replaceit it burst. The external wound was two

inches long and one inch in width,with edgesslightlyinverted,dry,

unecchymosed,and on which there were visible here and there dark-

grey points(powdermarks). Both ribs were uninjured,as also both

lungs,which were angem.ic. In the left pleuralcavitythere were

" 14. SUICIDE OR HOMICIDE f 281

fotir_,in the righttwo ounces of a dark^half fluid,half coagulatedblood. The heart and largeblood-vessels were uninjured,but not so

the diaphragm,the entire left half of which was irregularlytorn,with stronglyecchymosededges. Through this rent the distended

stomach had protruded.Besides the rupturewliich took placeatthe dissection,there was also another round, sharp-edged,unecchy-mosed openingtwo inches in diameter,situate in the anterior wall of

the stomach. The rest of the abdominal organs were uninjured.

Though it was not, as is evident,difiicultto form an opinionregard-ingthe nature of the case, yet the ball could not be found in the

abdominal cavity."^

" 14. Suicide or Homicide ?

Besides what we have alreadysaid ("9, p. 263) in relation to this

questionin general,the followingpointsstillremain to be considered

in regardto death by firearms.

(1.)The posi"onof the hocly." I cannot concede that the supine

positionof a body found shot pointswith certaintyto suicide,as

many authors assert,any more than that men shot by others,as

soldiers in battle,or those thus executed,alwaysfallforwards,sinceI have known many cases of indubitable suicide in which the bodies

were found lyingon their bellies. The medical juristis not usu-ally

present at the discoveryand removal of the body,which is

generallygivento him for examination at a later period; in regardto this point,therefore,I possess no considerable experience.I have

had more frequentoccasion to see the bodies of those who have died

from cuttingtheir throats,than of those who have shot themselves,

lyingon the placeand in the positionin which theyhave died. I

have found these bodies,no doubt,usuallylyingon their backs,but

frequentlyalso on their bellies. This varietyin positionseemed to

dependupon that in which the person had been at the moment in

which he gavehimseKthe fatalwound; t these various observations at

* Vide cases of gun-sliotwound in the axillaryartery, p. 65 ; in the

spinalmarrow, p. 123 ; and in the lungs,p. 123.

t I have learned ofScially,that stafF-surgeon,Dr. Wolff, saAV in Dantzie,of four cases of suicide by firearms (soldiers),to which he was called im-mediately

after the commission of the deed, two of them lying on their

bellies. Both of these had shot themselves,standing,with the (Prussian)needle- musket. The other two had shot themselves with the same weapon

while sittingupon the edge of a bed ; these were found lyingon their backs.

282 " 14. SUICIDE OR HOMICIDE?

any rate justifythe assumptionof the dogma : that no conclusion

AS TO THE SUICIDAL OR HOMICIDAL NATURE OF THE CASE CAN BE

DRAWN FROM THE POSITION IN WHICH THE BODY SHOT HAS BEEN

FOUND.

(2.)The discoveryor not of the weapon near the body proves

nothing,as every one knows, since it is just as likelyto be stolen

from the dead suicide,and so to be not found beside liim,as happenswith us very frequently,where the bodies are lyingin the open air

with good useful pistolsbeside them, as it is to be intentionallyleft

near his victim by the murderer, with the designof obscuringthe

traces of his crime. Most extraordinarycomplicationsdo^ moreover^

occur, as we will find,for instance,in Case CXXXYI., in which a

pistolloaded with hall,was found lyingbeside a man shot dead

through the heart. In a more recent case^ two double-barrelled

pistols,one of them burst,were found lyingby the body,whereof

three barrels had been fired. This man, aged40, had shot himseK

immediatelyafter his arrival in one of our hotels. One chargewasfound to have taken effectin the lefthypogastricregion; out of the

wound a convolution of the largeintestine protruded; a second one

had made a wound in the umbilical region,and a third one, e^ddentlythe last,had penetratedthe forehead and smashed the skull. Should

the weapon be found,very often some degreeof probabilitymay be

attained by its simpleinspection.For instance,in cases of suicide

occurringamongst the lower and poorer classes,we often find near

the body old and useless pistols,or a gun-barrelmerely,or some

kind of firearm extemporisedfor the purpose, such as a third partywould scarcelyhave used with intent to kill; this is a matter not

hitherto taken notice of, and I can recommend it as deservingof attention. Should the gun so found be burst, that of itself

givesa certain ah of probabilityto the idea of suicide;since

suicides are fond of overloadingthe weapons employed,to make more

certain of their end, and often also from ignoranceload them badly.All authors recommend you also to compare the bullet that has

caused the death with the bore of the weapon found. It does not

appear, however,why this comparisonshould be undertaken,since a

murderer w"l scarcelyintentionallyplaceany other weapon than the

one employednear the body! Moreover, in order to institute this

comparison,it is necessary first to find the bullet. But when this

has passedthrough the body we cannot of course find it,and we

have alreadystated (p.265) that it is not alwayspossibleto do so.

284 "14. SUICIDE OR HOMICIDE?

the gravest consideration in importantcases^ where from other cir-cumstances

there is forced upon us the suspicionof an antecedent

strugglewith a murderer.

Much importancehas been laid upon findingthe hand of the

corpse blackened.

Should this reallydepend upon branding with powder, the

questionmight still arise,"Has this not arisen from some previous

shot, and, in spiteof this,may not the deceased have been shot by

some third party? Such a doubt may perhapsappear well founded

in certain individual cases, but in generalthis sign is reallydemon-strative

of suicide. Only to make sure that we do not take the dirtyhand of a metal worker {Fid.Case CXXXIII.), for the foulingfrom

powder,which it may stronglyresemble,we must carefullywash it,

when the. metallic stains will wash off,while the powder-brandingremains. Contrariwise,however, the absence of powder-branding

proves nothing. For the suicide may have worn gloves,when he

shot himself,which have been afterwards removed, or in shooting

himself he may not have used his hand at all,as happened in Case

CXXYIII. ; and, besides,even in flagrantcases of suicide,in most

instances the hand is justas littleblackened as it is in the case of

soldiers,gamekeepers,"c.,after firingtheir pieces. Scorchingof

the hand is,moreover, onlylikelyto be producedby more or less

unskilful handling of some firearm destitute of a percussion-cap.

Injuriesof the hand also do not happen to experiencedshots,and

onlyarise from awkwardness; and this explainswhat experience

confirms,that in most indubitable cases of suicide by firearms there

is no remarJcaUe appearance found upon the hands. And we have

now onlyto investigate"

(4.)The direction of the wound, which is frequentlythe onlybasis

upon which the decision can be grounded, and before doing so

I would beg to refer to the difiicultiesalreadyenumerated in " 11.

It is well enough known that such situations as are usuallyselected by suicides,from their certainty,such as the mouth, the

temples,or the region of the heart,are sometimes chosen by mur-derers,

to obscure their crime, and give it the appearance of self-

murder. But the direction of the wound may be such as to exclude

the possibilityof suicide;for instance,should it tend from be-hind

forwards, or from above downwards, or should it be a

musket-ball which has penetratedthe back of the head, "c.," cases

" 14. SUICIDE OR HOMICIDE? 285

wliich are, however, extremelyrare. And so in regardto this cir-cumstance

also,each case must be judged of on its own merits.

Should the wound be deep in the palate,where the muzzle of the

pistolhad been placed(asin Case CXXXI.); should the deceased have

been destroyedbyfillingthe mouth with powderand blowingitup (asin Case CXXXYIII.), no one would hesitate to assume the fact of

suicide. Meanwhile,such a positiveassertion is by no means alwayspossible,since we have opposed to it all the manifold considerations

we have justsuggested. Still,we have justas littleto say in this

as in any other medico-legalmatter, in favour of that too much

affected subtle scepticismwhich leads men in ninety-nineout of a

hundred cases of death from gun-shotwounds, to leave the Judge in

perfectuncertainty,and againstwhich the healthyhuman intellect

rebels. Suicides take placedaily,murders, fortunately,but rarely.Statistics,moreover, inform us that male suicides prefershootingthemselves to any other form of death but hanging,and, also,that

accidental death from the incautious use of firearms is extremelyfrequentin the case of soldiers,foresters,gamekeepers,and the like.

Prom all this it follows that in any doubtful case the probabilityinfavour of suicide is a priorimuch greaterthan that of murder. The

medical juristmust, therefore,seek so to express his opinionas to

givethe Judge a firm basis,accordingto which to treat the case,

without wounding his own conscience,or excludingthe possibilityof further Hght beingthrown on the case by future investigations.Such a mode of expressionas we " we repeatit" are dailyin the habit

of satisfactorilyemployingwhere the case does not admit of an un-qualified

" yes^""or " wo," such, for instance,as " that the dissection

with (accordingto circumstances,' great,'or '

very great')proba-bilityfavours the idea of ' suicide,'" or

" that the dissection has not

revealed anything inconsistent with the idea that the deceased

has died from suicide (oraccident)."In a very largenumber of

cases of death from violence,in which we have delivered our

opinionthus,and in which there were no other judicialgrounds for

suspicion,the case was quashed by the dissection,and the docu-ments

reponed; whilst,by permittingan unjustifiablescepticism,so

to word the medical opinion,as, e. g." that the dissection afPords no

means of decidingwhether the deceased has died by his own hand or

that of another,"the Judge would be necessitated,in order to enable

him to act one way or another,to refer the matter to the costlyand


tedious decision of the technical courts,to keep a suspectedbut

actuallyinnocent person long in prison,and after all this disagree-able

delayobtain onlythe satisfaction of reponingthe documentaryevidence.


Case CXXVII. " Murder by gun-shot wound oe the Thoracic

Portion of the Eight Jugular Yein and oe the Lung.

The perpetratorof this deed confessed immediatelyafter he had

done it,that he had shot his sweetheart,who had scorned him, and who

stood rightbefore him, by firingat her two pistolsloaded with buck-shot,

the chargefrom one of them havinginjuredthe abdominal cover-ings,

wliilethat of the other hadpenetratedthe chest. The hsemorrhagewas but trifling,and I was accidentallyenabled to verifythis fact about

]ialf-an-hour after the commission of the deed. The girldied in five

days. Although the shot had been fired quiteclose,yetthe wound

in the chest,which was rightupon the mamohrium sterni,and was

half-an-inch in diameter,had its edgesblackened,indeed,but not

ecchymosed. On the other hand, the closeness of the shot was

evinced even before the confession of the perpetrator,by the nume-rous

grainsof powder branded over the whole of the left cheek.

The anterior portionof the vena jugularisthoracica was found to

have irregularopeningsin it. At the apex of the superiorlobe of

the rightlung, there were two circular wounds, the size of the

backshot produced. Both had traversed the whole of the lung,and so diverged(p.266), that the inferior wounds were three-

quartersof an inch apart. The two buckshot were found lyingonthe rightside of the diaphragm.The rightpleuralcavitycontained

about one ounce and a-half of dark fluid blood. All the other

organs of this young and healthygirlwere uninjured" onlyansemic.

The case was an easy one to decide. The perpetratorwas condemned

to death, bat this was graciouslycommuted to penalservitude

for life.

Case CXXVIII. " Suicide from gun-shot wound of the Left

Lung.

A young man, studyingmedicine here,had, after sufferinglongfrom melancholy,determined to kill himself. He placeda perfectly

" 15. ILLUSTRATIVE CASES, 287

new double-barrelled pistol,both barrels loaded,at tlie foot of a

sofa-table,tied a pieceof matcli to tlie end of a cane, then laid him-self

down upon the sofa,with the upper part of his body well

forward so as to favour the entrance of the ball into his heart,

lightedthe match and fired the powderin the primingpan. He so

far failed in liisintent,however, the bullets missingthe heart,but

laceratingthe leftlung, divergingto different pointsof exit in the

back, and lodgingin the soft sofa pillow,where we found them.

The unfortunate young man lived for five hours, so the method of

procedurewas accuratelyascertained. Of course, in this extraor-dinary

case, the hands were neither blackened nor injured,"c.

Case CXXIX. " ^Doubtful Suicide. " Gun-shot wound of the

Diaphragm and Spleen.

Another most extraordinarycase. A man, aged48, was found in

the water in January,clothed,and dead. His coat and top-coatwere

buttoned up to the throat,his clothes and sliirtuninjured.The policenever doubted but that the bodywas that of a drowned person, and their

astonishment may be imaginedwhen, upon unclothingit,a gun-shotwound was found in the regionof the heart ! At the dissection it was

found that the shot had passedthroughthe diaphragmand spleen,and

had lodgedin the muscles close to the vertebral column. The lungswere

healthy,and contained no water,the trachea but a littlebloodyfroth,the rightside of the heart was distended,the left empty ; the left

pleuralcavitycontained a cupfuland a-half of blood,the tongue was

laetween the teeth. In the head there was greatcongestionof all

the veins and sinuses,in the stomach a cupfulof dirtywater ; the

rest of the body was perfectlynormal " if we except its unusual

obesity.In the earlymorning those livingin the house near the

pond had heard the dogs barking,and from a spot not far from the

pond,where the snow was considerablydisturbed,footstepscould be

distinctlytraced to the ponditseK. It is evident that this case was no easy

one to decide. We gave it as our opinionthat the gun-shotwound

was absolutelymortal. But tliisabsolutelymortal character of the

wound did not by any means involve instantaneous death,and the

wounded man mightvery well have walked a few stepsto the neigh-bouring

pond,where he might speedilydie,and this view was sup-ported

by the existence in the body of several signsof death from

drowning. As to the questionof who did the deed ? the man him-


self must be assumed to have done it as the completebuttoningupof all the clothes can only be explainedbj supposingthe case to be

one of suicide with a short interval of consciousness followingthe

fatal shot. Since both the clothes and shirt were uninjureda mur-derer

must have shot his victim when naked^ and in that case the

completelyclothed condition in which the body was found is per-fectly

inexplicable.Pinally the circumstance that the death had

occurred from drowning before the gun-shot wound had time to

developits fatal effectsmilitated againstthe suppositionof the co-operation

of any third party. The fact of the pistolthat had been

used beingfound in the pocket of the coat upon the body could

not be regarded as proof either way, since it was quitepossiblefor a murderer to place it in the pocket and leave it there for

the very purpose of excitingthe suspicionof suicide. Other ana-logous

cases of suicide also favoured our views; it was subse-quently

ascertained who the unknown man was (a stranger mer-chant),

and then our opinion was completelyconfirmed by the

circumstances.

Case CXXX. " Doubtful Suicide."

I^atal gun-shot wound of

THE Head.

A young man, aged 19, was found shot throughthe head, and

whilst his watch was left in his pocket,the pistolwith which the deed

was done was awanting, and this brought the case under the cogni-zanceof the law, and necessitated an examination of the body. The

baU had entered about the middle of the forehead,where the soft

parts were lacerated in the figureof the letter M. There was no

branding with powder in the neighbourhoodof the wound. The

orifice of exit was in the occipitalbone. The wound in the frontal

bone was one inch in diameter,whilst that in the occipitalbone

scarcelyadmitted the point of the index finger. The whole of the

cranial vault was blown off,being onlyfirmlyconnected to the occi-pital

bone for the extent of two inches. The whole of the surface of

the brain was covered with blood,and its substance completelybroken

up. The circumstances connected with the case were in favour of

suicide,and we gave it as our opinionthat the dissection had revealed

nothinginconsistent with this view.


Case CXXXI. " Doubtful Suicide. " Fatal gun-shot wound

OP THE Head.

A powerfulman, aged35, was found shot dead. A most remark-able

circumstance connected with this case was the universal existence

over the whole body of a well-marked cutis anserina.* The direc-tion

of the wound was also most unusual ; the bah had entered about

the middle of the palate,where there was a sharply-definedcircular

opening; from \h^ponsVarolii onwards,the track of the bulletthroughthe brain could in this case be easilytraced,inasmuch as httle or no

blood was effused into it. About the centre of the occipitalbone there

was a piecebroken off about the size of a five-shillingpiece,and

directlybeneath itlaytwo half bullets. There was nothingremark-able

upon the hands, but the positionof the wound of entrance was

sufficientto stamp the case as one of suicide.

Case CXXXII. " Wound of the Heaut and Lung by a

CONICAL bullet.

A journeymanlocksmith had filed out for himself two tolerablyrude conical buUets,and shot himself with one of them. The other

was found in his pocket,alongwith a packetof powder. A recent

and bleedingfracture of the lefiindex finger,showed that he had shot

himself with that hand. The wound on the breast had sharpedges,as wounds from conical bullets generaUyhave,was acute-angled,four

lines broad,itsedgesnot inverted,and itscircumference partlyscorched

and partlyecchymosed. The bullet had penetratedthe pericardium,had torn the rightventricle and auricleto tatters,and,afterwoundingthe rightedge of the left lung,had penetratedthe back,and was

found stickingin its external coverings. The haemorrhagewas

extremelytrifling; there was onlytwo ounces of blood in the peri-cardium.

Case CXXXIII. " "Wound of the Heart and Spleen by a

conical bullet.

On the body of a man, aged30, one inch and a-hah from the left

nipple,there was a circularopening,one-quarterof an iuch in diame-

* Vid. Death from Drowning,Chap.VI. " 54.

u


ter,with,sharp,clean dryedges,neitlierswollen nor inverted,surrounded

by a dark-coloured ringtwo inches broad,which was leathery,and not

ecchymosed.The fingerswere bent and stifP.The firstphalanxof the

left index fingersbroken,and there was also beneath the fracture,on

the anterior aspect,a bloodywound, the size of a pea. The palmof

the hand was covered with dried blood. Both hands were greyish-blackwith dirt,which could be easilywashed off. From this the trade of the

deceased could be readilyinferred,and it was accordinglyfound that

lie had been " a journeymantinsmith. On the left half of the back,

about three inches beneath the anterior wound, about two inches from

the spinousprocess of the ninth dorsal vertebra,there was a semi-circular

openingone-quarterof an inch in diameter,with sharpsmooth

unecchymosededges,neither everted nor inverted,in short,a wound

most characteristicof a conical buUet. If any one had taken a knife

and cut a semicircularflapof skin on a dead body,the wound would

have exactlyresembled that now before us. At the dissection,the

fifthrib was found broken beneath the anterior wound, where the shot

had obviouslyentered. The whole of thisregionwas infiltratedwith

coagulatedblood " a further proofof the correctness of what we have

alreadystated regardingthe coagulationof the blood after death."^

Por death must in this case have been instantaneous,since the left

ventricle displayeda rent an inch and a-half longwith lacerated edges.In this ventricle there was stilla small coagulum; the rightventricle,and all the largeblood-vessels,were quiteuninjuredand empty. But

the whole of the leftpleurawas completelyfilledwith blood,partlyfluid

and partlycoagulated.Both lungswere uninjured,but the ball,after

traversingthe heart and pericardiumhad penetratedthroughthe dia-phragm

into the abdominal cavity,making a jaggedlacerated wound in

the upper edgeof the spleen.The deceased had,therefore,shot himself

with his lefthand, the muzzle of the weapon havingbeen placeduponthe cardiac region,so that the conical ball had passedthroughthe

body from above downwards,and from before backwards.

Case CXXXIV. " Suicide by a gun-shot wound of the Head

without a ball.

In the bodyof a man, aged25, a circular apertureof entrance the

size of a five-sh"lingpiecewas found in the righttemple,but there

was no aperture of exit. The soft partswere much mangledand

* Page 23.


was obligedto be conducted by artificialligbt" to be dirty-bluisb-

grey, and the fingerswere flexed but both were preciselyalike. The

shirt,however,had been pushedaside,and it as well as the dressing-

gown were uninjured.These thingsseemed to bespeaka voluntary

death; and yet it is possible,that a third party,findingthe poor

blind man, perhapsasleep,in his chair by the stove,mighthave shot

him after this careful fashion,in order to giverise to the suspicionof

suicide. In this state of matters we concluded our protocolof the

dissection with the followingsummary opinion," That the dissection

has revealed nothingopposedto the opinionthat the deceased has

committed suicide.'' Further judicialinquiriesascertained the cor-rectness

of the assumptionof suicide,and the case was not pro-ceeded

with. The followingcase was very similar,but more difficult.

Case CXXXVI. " Doubtful Suicide. " Gun-shot wound op the

Heart.

In Frederick's Grove," a man, aged40, was found shot dead,and

sittingupon a tree. His watch and purse, which he was known to have

had with him, were awanting,and near him lay,certainlya most rare

and singularoccurrence, a pistolloaded with hall. The coat,"c.,uponthe body had been thrown open, the shirt was piercedby the shot,

which had penetratedbetween the fourth and fifthribs on the left

side. Here we found a circular wound half-an-inch in diameter,with

lacerated edges,which were neither everted nor inverted. Tor the

circumference of two inches the skin was yellowish-brownand hard

to cut; but there were no traces of powder-branding.In the left

pleurathere was an efPusion of two pounds and a-half (imp.)of

blood,partlyfluid and partlycoagulated,and the heart was com-pletely

shattered by the shot. In this case also,the most careful

search failed to discover the ball,which had not passedout of the

body. Both hands, as weU as allthe joints,were quitesupple,and

no trace of powder-brandingwas found upon the hands. Was this

a case of murder or of suicide ? The questionwhich was put to us

at the dissection was," Could the deceased,after receiptof his fatal

injury,have loaded the pistolagain? "" for by this supposition,if

true, the findingof the loaded pistolby the body would be ex-plained.

But, inasmuch, as death must have been instantaneous,

we could have no hesitation in answeringit negatively.It was

* The new park outside the gates of Berlin.

" J5 ILLUSTRATIVE CASES. 293

much more difficult,however, to decide as to the likelihood of

suicide. The deceased m?^_^^^have been robbed, while drank, of his

"watch and purse, and then shot dead,and the murderer mightin this

case have loaded the pistolanew and laid it designedlyby the body.But this view of the case rendered the throwingback of the clothes

somewhat remarkable. The deceased might,however,have shot him-self,

and to that end might have taken out with him two loaded

pistols,one of which, with his watch and purse, had been stolen from

him after death. The absence of blackeningaround the wound was

in favour of neither supposition,since in either case the shot could

not come from any distance,neither could the absence of this black-ening

of the hands be regardedas of any consequence after what we

have alreadysaid (p.284). In this very intricate state of matters,we

gave it as our opinion,'' That the dissection has not revealed any

satisfactorydata whereon to decide the doubtful questionof murder

or suicide,but the appearances found were not inconsistent with the

idea of the case beingone of self-murder.^' This ease also was not

proceededwith further.

Case CXXXVII. " Gun-shot wound of the Heaut and Lung

without a ball.

In this case the suicide (ofa sick tender)was clearlymade out.

To conclude from the remarkable size of the wound, the man had

probablyloaded with water. The apertureof entrance " one of exit

was wantinghere too,where againno ball was used " was an inch and

a-half beneath the leftnipple; itwas almost two inches long and One

inch wide,and had lacerated edges,which were neither inverted nor

everted. In its neighbourhood there were several ecchymosed

patches,partlydenuded of their epithelium,of a dirtybrownish -red

appearance, and soft to cut. Nothing unusual was found upon the

hands. It was somewhat remarkable to find eightribs (fromthe

fourth to the eleventh inclusive,on the left side)shattered. In the

leftpleurathere was a quart and a-half of very dark blood,in which

floated small piecesof the substance of the heart and many coagula.The leftlung was somewhat lacerated at its anterior border,and in the

lacerated pericardiumthe heart lay completelyshattered. In the

bloodycontents of the lefthalf of the thorax there were also many

splintersfrom the fractured ribs,and a plug of stronggrey paper,

but no ball. All the other organs were uninjured.


Case CXXXVIII."

^Doubtful Suicide."

Death from stuffing

the mouth with powdee and firing it. "

rupture op the

Lungs, (Esophagus, andLeft Carotid Artery.

This isso extraordinary a case

tliat it certainly deserves to be

related here. It was that ofa coachman, who died under such cir-cumstances

as to give rise to the suspicion of murder, although it was

known that he had been killed by blowing up a quantity of powder

with which his mouth had been stuffed. At both angles of the mouth

of thecorpse

therewere jagged and scorched rents, of which the

right one was two inches long andone

inch in width. The tongue

was only bloody and hard to cut, but not, properly speaking, scorched.

The palate wasalso uninjured. In the fauces there was an ounce of

coagulated blood. The skull was perfectly uninjured, and the effects

of the explosion of the powder weremuch

more evident inferiorly.

In both pleural cavities therewere respectively two and four ounces

of dark fluid blood, and theupper

lobes of both lungs were perforated

withmany holes, and much broken

up.The trachea and larynx were

uninjured ; on the contrary, the faucial extremity of the oesophagus

was rent, and in its centre there was a rupture the size ofa

bean.

KnaUy, the left carotid artery was found ruptured. We therefore

gaveit as our opinion (1.) that death had been caused by haemorrhage

from the aorta and from the pulmonary injuries, and (2.) that the

supposition that death had been caused by athird party was not

justified by the results of the dissection, but rather that the case was

oneof suicide. Yery soon

thereafter itwas made plain that the

suspicion of murderwas perfectly unfounded.

" 16. DEATH FROM BURNING. 295

CHAPTEE III.

DEATH EROM BURNING.

" 16. General and Diagnosis.

This kind of violent deatliwLich we have reckoned amongst the

mechanical deaths,for the reasons alieadjstated,may killin.various

ways. For instance,the man is either burned by the action of flame

and heat,which kills by producinga more rapidand greaterafflux

of warmth than the organismcan make use of,and which,therefore,killsby destroyingthe dermoid tissues. The resultingphenomenaap-parent

on dissection are those of inflammation,particularlyof allthe

serous membranes ; effusionsbeingusuallypresent,or of asphyxia("39,

"c.)withinflammatoryinjectionof the mucous membrane of the trachea,

hypersemiaof the lungs,of the rightside of the heart,and of the largerblood-vessels ; or in other cases, particularlythose of pecuharlysensitiveindividuals (children),who die rapidlyin greatpainand convulsions,

the death ensues from neuro-paralysis,and the appearances found are

entirelynegative.When Eokitansky*states that hsemorrhagicerosions of the mucous membrane of the stomach,as well as the

acute perforatingulcer,are "frequentlyobserved^' after death byburning,we cannot, with such a voucher,doubt the fact of their

occurrence ; at the same time,in regardto their '' frequency,"I must

state that I have never observed these phenomenain a singlecase of

death from burning. The body is burned either by flame,or byheat united to some sohd body,as hot or glowingmetal,incandescent

coal,"c.,or with fluids,as water, coffee,oil,"c. Or the bodyis

" burned,"as it is figurativelytermed,by caustics,which also destroythe dermoid tissues,such as mineral acids and caustic leys,sohd

caustics,rubefacients,cantharides,mustard,"c.t

* Wochenblatt der Zeitschr. der Gesellscli. der Aertze zu Wien, 1856,

No. 23, s. 366 u. 368.

t Men who perish amid a conflagration,may also die from other causes.

They may be struck dead by fallingbeams or walls,"c.,or be suffocated in

296 " 16. DEATH FROM BURNING.

In determiningthe fact of death from burning we are met

at the outset by tbe difficulty,tbat it is almost impossibleto

determine with accuracy bow large a portionof a surface of the

body must be burned in order to make death inevitable. Every

physicianknows that bums involvingthe haK or a third partof the

entire body must be regardedas necessarilyfatal. Is,however,the

same opiniongood should onlya fourth or an eighthpartof the bodybe burned ? And how difiicultwould it not be to determine the

fractional amount of the burn, where, as is so often the case, it is not

continuous,but involves sundrypatchesupon one arm, others on the

back,and others on the leg. In such cases, there is the widest scope

afforded for individual estimation ; but a rational consideration of the

individual case will serve to hmit this.

A burn comprisingthe very same amount of square inches may

cause onlytemporary inconvenience to a robust workman, whue it

may prove irreparablyfatal to a feeble and sensitive woman. Irritable

littlechildren die from bums which comprisebut a triflingfractional

amount of the surface of their body. Therefore,because a purely

geometricalcalculation of the surface of a burn is of no use in esti-mating

itsseverity,it is also quiteerroneous to suppose, as I have seen

done,that a number of isolated patchesof burningscattered over the

body,each of so unimportanta size as that theycollectivelyamount

to but a triflingfraction of the entire surface,must have been pro-ductive

of no injuryto life. This isjustas erroneous as to estimate

the effects of several hundred needle-pricks,by statingthat,taken

collectively,theyconstituted but an unimportantwound, scarcelythe

size of a cherry! The irritation of the cuticular nerves by so many

isolated burnt patches,both can and does cause very much more

painand vascular reaction than a continuous burn of largersize; and

this is nowise lessened by the greaterdifficultyof making the apph-

ances necessary for promotingthe healingaction in the case first

mentioned.

But the presentpraiseworthycondition of the penalcode providesthat too much importancebe not attached to individual opinions,

practically,since,as is well known, the law no longer takes

any cognizanceof necessarily,or individuallymortal injuries,"c.

(" 185, Penal Code),and the medical juristis requiredto decide each

the smolce. In such cases, however, the death is due to injury or asphyxia,and not to combustion, which in these cases rather happens after the death

than before it.

" 16. DEATH FROM BUENING. 297

case on its own footing.Should burns be found upon a body and

death,have followed theirinfliction,while the dissection has revealed no

other cause of death,then the burns are to be regardedas its efficient

cause. It will frequentlyhappen that the medical inspectorsat the

time of the dissection are not in a positionto give such a decided

opinion,because at this time they are ignorantof aU the antecedents

of the case, a knowledgeof which is requisite,unless where the burns

are very extensive ; in such a case it is requisiteso to word the sum-mary

opinionat the end of the protocolof the inspectionas to reserve

the power of givinga more decided opinionwhen a more accurate

knowledgeof the case is acquired,either by the communication of

the documentaryevidence,or by the examination of witnesses at the

time of the pubhctrial.

The diagnosisof combustion on the body is in generalby no

means difficult. The oppositeassertion displaysa completemisap-prehensionof the practicalend in view. Thus, it is very far from

difficult,though it is generallythoughtso, to determine whether a

body,so completelydestroyedas to be no longerrecognisable,has

been burned before or after death. Such a burningis,of course,

always after death, since a livingbody neither roasts nor chars !

But if it be said that it is difficultto decide whether the person burnt

may not have died from some other cause, " such as strangtdation,

suffocation,"c. " and been afterwards burnt to conceal the deed,then

this is perfectlycorrect. But this difficultyconcerns not combustion

alone,but every possiblemode of destroyingand disfiguringthe

body after death,such as putrefactionitself,"c. As to the fancied

difficulty,however, of decidingas to whether blisters from burns

have been producedbefore or after death,I shall presentlypointout

that even in this case the decision can never falter. In general,

burns displaythemselves on the body in a twofold form. Either

the form of the whole body,or of its individual burnt parts,is

completelypreserved,or it is not. In the firstcase, accordingto the

degree of burningduringlife,the burnt part is recognisedby a

(crab-)red, or by a brownish coppery-redcoloration,and a dry,

parchment-likecondition. This hardness and the brightcolour pre-vent

any confoundingof these marks with post-mortemstains. In

certain rare cases, frightfulto behold,the entire body may exhibit

the appearance described " as, for instance,when the unfortunate

individual has been actuallyroasted (CaseCXLIV) .

Or we find

blisters,vesicularelevations of the cuticle,of various sizes,or burst

298 " 16. DEATH FROM BURNING.

vesications," excoriationsof the cuticle. In every case we must be

careful not to confound this appearance with, that which seems at

first sightvery much to resemble it,viz. the bullae arisingfrom

putrefaction;and we must be more particularlycareful in those

cases in wMch both appearances exist simultaneouslyin the same

body,as our want of due attention to this matter inevitablyleads to

an erroneous appreciationof the extent of the burn,with all the im-portant

influences on the medical opiniontherein involved. Everyvesication producedby burninghas a purple-redboundaryline,be it

ever so narrow, perfectlyvisible to the naked eye, and also a more

or less red base ; the pblyctsenseof putrefactionhave neither of these

peculiarities.Every excoriation producedby a burn exhibits this

reddened basis,frequentlybeset with granulationsalreadyvisible,

though minute, and yieldingpus ; these are, of course, both absent

in excoriations,the result of putrefaction,in which the colour of

the exposedtrue skin differsiiino respectfrom that in itsimmediate

neighbourhood,that is,it is either colourless or more generallygreen.Of course, in perfectlyrecent bodies,that displaynone of the usual

signsof putrefaction,we need never think of lookingfor this pheno-menonof advanced putrescence.

In the second case, where the form of certaui partsor of the entire

body is destroyedby the combustion,the partsare so carbonized that

when the whole body is affected the human form itselfis scarcelyre-cognisable,

or the external coveringsof the cavitiesmay be charred,so

that it is nothinguncommon to be able to see throughthe openingsin the charred and shrivelled coveringsof the abdomen or thorax,

rightinto their cavities,and to be able thus to inspectthe roasted or

carbonized internal organs.

SoHd and fluid caustics of every kind producereddish-brown,or

(particularlythat most common of allcorrosives,sulphuricacid)dirty-brown,and nitric acid,yellowpatchesor stripes,which cut leathery,the incision affordingno indication of ecchymosis,and beneath which

the true skin is completelydestroyed.When cases occur, as theysometimes do (Maschka,B"chner),in

which there may be a doubt,whether the burn has been caused hyfireor hy sidpJmricacid ? then,besides the appearances alreadydescribed,the followingcircumstance may also serve to assistthe diagnosis: the

individual circumstances of each case ; the absence of vesication when

the burn has been producedby sulphuricacid ; the uniform colour

and condition of aU patchesburnt by the acid ; while in any con-


comatose had boilingwater appliedto him four hours before his

deathsand was burnt with a hot iron lialf-an-hourq"er,whereupon

largebhsters formed in the one case, and none at all in the other.

In spiteof these experiments,"c.,I did not feel perfectlysatisfied,and therefore,with the assistance of a friend,I instituted four ex-periments

on the dead body,the results of which were shortlythe

following:" "

(1.)We bound four times round the calfthe legof an old woman,

aged60, who had been dead forty-eighthours,a stripof wadding

dippedm. spiritsof turpentinetwo fingersbroad,and set fire to it (inthe livingbody this givesrise to most extensive vesication).

The

waddingburned for four minutes,and was then entirelyconsumed.

The stripof skin beneath it was sHghtlyand superficiallyroasted ; hut

there was no trace ofvjateryexudation or ofvesication.

(3.)On the same body the flame of an oillamp was so apphedto

the top of the foot,that its entire breadth was in contact with the

skin. The result was, that that part of the skin became brown, dry,and hard ; but there was no trace of separation,swelling,or vesica-tion

to be seen.

(3.)Two experimentswere made upon a prematurechud, which

had hved for twenty-fourhours. Thirteen hours after its death,a

dossil of cotton- wool one square inch hi size was dippedin turpentine,laid on the stomach and set fireto. After three minutes and a-half it

was consumed. The spot was surrounded by fine radiatingfolds.

Within three minutes a few small rents were found in the circum-ference,

whust the spot itself,which had been covered by the cotton,

presenteda hght-brown,dry,toasted,crust-hke appearance, without a

trace ofvesication,

(4.)Upon the distended dropsicalscrotum of this body," upon

which,from itsrichness in moisture " accordingto the theorybroached

in the opiniongivenabove " vesication ought to have been most easily

produced," a flame was so held that the base of its cone touched the

skin. A moderate but constant action of heat upon the skin was

therebyproduced,without the possibiUtyof any soot beingdeposited.The partexposedto the flame contracted,and assumed a suverygreyghsteningsurface;but nowhere did it exhibit the slightesttrace ofvesication." If it should be objectedto the first and third of these

experimentsthat the coveringof the skin may have obscured their

results,thiswould be in effectcompletelyto ignorethe practicalresults

of these experiments,for no one can denythat joreciseh/siich a hum


as was liere producedon a dead body,would, on a livingone have

been followed by the most evident and unmistakeable results !

I have not,however,contented myselfwith these earlyexperiments;but,particularlyof late,I have continued to make, in concert with

my students,many experimentson the productionof burns on dead

bodies every academical session,and that,too, on individuals of every

different age and sex, and who have died from every possiblevarietyof

cause ; and these have increased to such a number, and have been so uni-form

in their results,that itwould be extremelytiresome and perfectlysuperfluousto relate them individually.The experimentshave been

made with various substances ; we have wrappedround various partsof

the bodies drycotton,or cotton dippedin highlyinflammable liquids,and set them on fire; we have pouredboilingwater or bouingwax over

the body; we have aUowed the pointof the cone of the flame of a Ber-

zehan lamp,"and this producesby far the most intense action of fire,

to playupon the tournure of certain partsof the body,as the vault of

the thorax,the thighs,arms, "c. By very many such experimentsI

have convinced myself,and all eye-witnesses,that it is an unquestion-abletruth " (1.)That no reaction ensues when the dead bodyis covered

flatlywith substances that burn and have burned to charcoal,such as

folds of hnen or layersof cotton- wool ; at the most, but a few small

bm'nt-lookingpatchesare seen upon the spot,and a closer inspectionshows that these are onlysmutty particlesfrom the substance burnt.

Of course any hair that may be growing upon the portionof skin

experimentedon burns,and may givethe placea superficiallyroasted

appearance. (2.)By means of the exceedinglyintensive action of

flame described above,vesications can be p-oduced upon the dead body,

though not by any means in every instance. The very greatdegreeof heat producesa rapidevaporationof the fluids. These elevate the

cuticle in vesicles of various but alwayssmall sizes. But the expan-sion

of the vapour within these vesicles bursts them, and in a few

seconds theyexplodewith a shghtcrack,and the cuticle collapses.Only in a very few instances did these bullae maintain their existence

for a few minutes before theyburst. Their formation is not accom-panied

by any changeof colour in the basis from which theyspring{Vid.the representation,Plate IL, Kg. 3, a, b,c). Moreover,such

bullae never contain serum, but onlya wateryvapour, and theynever

exhibit any trace of the boundingHne of redness,nor any trace of

colour on their basis. (3.)It makes no differencewhether the experi-* An arga"d spirit-lamp."T:eansl.

302 " 18. SPONTANEOUS COMBUSTION.

ment be performedimmediatelyor not t"l several daysafter death. I

may mention that the bodies experimentedon by us were often left

for daysexposedto the air and to conthmous observation but any

alteration of the burned partsby the action of the atmospherewas

never observed. The foUoAvingremarkable experimentperformedby

ignorantmen^ which came under our observation three daysafter its

performance,was very instructive in this respect,as well as in relation

to the generalquestion. A barrel-organplayer,with his two chil-dren,

had leapedinto the water ; theywere all three taken out immedi-ately,

the two children alive,but the father dead. In order,if

possible,to recall the deceased to life,the by-standershad rubbed

him in the roughestmanner, as was shown by the cuticular abrasions

on the chest and groins,and had, finally,kindled a fireof straw be-neath

the body ! The thighsand legswere mostlyof a greyish-blackhue from adheringsoot,and the same was the case with the back and

rightarm ; also in about ten or twelve different places,there were

burst buUse,justas I have described them, of various sizes up to that

of a walnut ; and there was no alteration in colour either of the ex-posed

true skin of the partsexcoriated,or of the base of these vesica-tions.

The conclusion deducible from aU this is,that in by far the

largestnumber of cases, we would justas littleexpectto fmd persistentvesications as the result of a post-mortem burn,as we would expectto

find a burn of the body to result from that unintentional experimentdauy repeated,the droppingof burningseahng-waxupon the pitof

the stomach of those justdead to see if theybe reaUyso " a result

which I have not yet observed once amid a countless number of such

experimentswhich have come under my cognizance.When, there-fore,

vesications that may exist are examined with a due regardto the

pointsof diagnosticvalue,the conviction is sure to be attained,that

IT IS QUITE IMPOSSIBLE TO CONFOUND A BURN INFLICTED DUEING

LIFE, WITH ONE INFLICTED AFTER DEATH. I have nothingmore to

say respectingthe roastingand carbonizingof the body,inasmuch

as the individual must have been alreadydead before the action of the

fire could produceso greatan amount of injury.

" 18. Who is to blame, the person himself or another?

Spontaneous Combustion.

The questionas to whether a person found burned has met with

his death from his own fault or that of another ? can onlysignify.

" 18. SPONTANEOUS COMBUSTION. 303

has the unfortunate individual perisliedby accidentor been burned

by a third,party? for intentional suicide by combustion has never yetbeen known to occur in sane persons, unless,perhaps,among the

Hindoo widows. The chief criterion in decidingthis pointis to be

found in the appearances on dissection,when theydistinctlyreveal

some other cause of death,such as fatal cranial injuries,wounds of

the throat,strangulation,"c. But the answer to this questionmaybecome dif"cult or impossible,even should the circumstances of the

case render it possibleor probablethat such a primarycause of death

had existed,where the body has been so destroyedby biu-ning,as to

obhterate every trace of any such mode of death. A proper estima-tion

of allthe details of each case affords the onlymeans of correctlydecidingit,and for this,no generalrules can be given." If the de-ceased

has been a workman employedabout fire (asmith, "c.),and

has been found burned to death in his workshop,it is much less

likelyto have been a case of murder than if a countess were found

burned to death sittingbefore her secretaire in her boudoir.f And

the same is true in the case of some poor old woman found half-

burned stickingin the mouth of her stove,J and some lone-Uvingrichold miser,whose boxes and coffers he empty and tumbled about the

room in which the burned body hes. Here, alas ! it is too true, as

Devergiesays, that in ninetyhundred cases of doubtful murder

or suicide,the truth is to be determmed less by science than byprobativecircumstances which liebeyonditspale.

But might not the deceased,even should murder be, from the

circumstances,a probablesupposition,yet have perishedfrom spon-taneous

combustion ? and was there not a judicialmurder perpetratedon two innocent men in England,whose wives,accordingto the tes-timony

of the " experts,^""had perishedby spontaneous combustion,but who were executed,because an inexperiencedjury declared them

guiltyof murder ? It is sad to think,that in an earnest scientific

work, in the year of grace 1861, we must stiU treat of the fable of

'^spontaneouscombustion,"a thingthat no one has ever seen or

examined,the very proofsof whose existence rest upon the testimonyof perfectlyuntrustworthynon-professionals,upon newspaper para-

* Compare " 9, p. 263, and " 14, p. 281.

f On the cause of the death of the Countess von G"rlitz,who was found

half burned. Ton Graff,Erlangen,1850.

X Viel, our most interestingcase in the Yiertljscht.for geriehtl.u."ffentlich. Medizin. Y. S. 1 u. f.


graphs,all of wliicli in their statements laughto scorn every known

j)hysicallaw. Everytrulyexperiencedmedical jurist,who thoroughlyknows the criminal world, and aU the hes, frauds and dissimu-lations

by which crimes committed are soughtto be concealed,must

regardthe hypothesisof spontaneouscombustion as one of the silliest

of fables. Liebighas,from a scientificpointof view,distinctlyshown

the untenableness of any such hypothesis; ^ and yet the most recent

handbooks of medical jurisprudencedo not hesitate to teach the possi-bilityof the spontaneous combustion of the human body,which, to

quote onlyone of Liebig^sfacts,contains only75 per cent, of water,

and is nevertheless,supposedcapableof burningaway to a handful

of ashes in a very short time ! Por a fuU account of the arguments

againstthis hypothesis,so importantin regardto the ends of justice,1 beg to refer to Liebig^sincontrovertible pamphlet; and I shallonly

now consider those pointsin relation to it which are most apt to

strike a practicalmedical jurist,or any other healthyhuman mind.

Whoever has seen any bodies draggedfrom the rubbish of greatcon-flagrations,

has seen them,perfectlycarbonized indeed,and it may be

partiallydefective,but alwaypossessingat least so much of generalhuman appearance as to enable them to be recognised.But never

in such cases " ^never, even when the body has been exposedfor daysto

fire or incandescent heat,has it been reduced to ashes !f And yet,

in most of the so-called '' proved" cases of spontaneouscombustion,

the whole process, even to the completereduction to ashes,had occu-pied

but a few hours at most ! Further, if we are to investigate

these "cases," we find in aU of them, without exception,that the

effectsof the fireupon the persons themselves,as well as on the com-bustible

matters upon or around them, are so described as to throw

despiteupon what every child knows to be the truth as to the burningof the latter,and what every physicianknows as to the burning of

the livingbody. The old drunkard was burnt, but the stool on

which her charred remains were found sittingwas uninjm'ed; in other

cases, the legsor head have been burned,but not the stockingsor

* Zur Beurtheilungder Selbstverbrennungen der menschlichen K"rpers,

2 Aufl., Heidelberg, 1850. " (Giving in a few pages a perfectpattern of

scientific criticism.)

t Except in the rarest instances "in the case of Mr. Scott,destroyedduring

the late (June-July, 1861) great fire in London " onlytwo or three bones,

with a gold watch and guard,marked the spot where his body had been,

but it had been exposed to incandescent heat for nearly a fortnight!"

TfiANSL.

" 18. SPONTANEOUS COMBUSTION. 305

the nightcap! A Mr. D. was playingwith sulphur,which he set

fireto at a Hght; he burnt his fingersand clothes,but extinguishedthe flames. Bj-and-by,his fingersbeganto burn " like candles with

a bluish flame " (!!); and with these " candles "'"'he ran to a doctor (!!),"c. " for the fingersbeganagainto burn. " Theywere bandagedup,as in a case of simpleburn, and twenty-twodaysafterwards the sick

man was in a satisfactorycondition,"for largevesications had now

formed.* And justbecause these extraordinarydetaus exclude the

action of every physicallaw, some yet believe it necessary to have

recourse to stillmore wonderful hypothesesto explaiathem, without

confessingthat that can be true to which modem science is opposed,siuce that would be to admit every superstitionor fable into the realms

of science. All is not true that is printed,and nothingless true

than spontaneouscombustion,which m no respectcan stand againstadverse criticism. For without mentioning,that amongst the thirtyso-caUed attestedcases, in which,instead of an individual who had been

seen the previouseveningahve and healthy,onlya few burnt fragmentsor a handful of ashes were found in the morning; there may have

been some in which murder had been actuallycommitted,the traces

of which were attemptedto be obscured by the burningof the body

(CaseCXLII=),or, in which the body was whollycarried off under

cover of this burning,which, in truth,cannot be proved" without

mentioning,that even in our own day, and in enhghtenedNorthern Germany, people have not hesitated to assume as

''proven"a case of spontaneouscombustion,in which a young

sempstress(inHamburg),when admitted to an Hospital,related!

that her fingerhad commenced to bum of itself,and in which

indeed " ^a burned fingerwas found (!!),the girl,for some reason

or other,havingobviouslydeceived and mystifiedthe physicians." We proceedto consider the followingfacts :" From the twenty-

eightcases of spontaneouscombustion collected by Jacobs,twe omit

this Hambiffgcase, and also the two wives of the Enghshmen who

were executed,and in classifyingthe others accordingto the countries

in which theyoccurred,we find that 20 happenedin France,2 ia

England,1 in Italy,1 in Germany,and 1 in America. Twentycases

* Richond in den Archives de Medecine s. Devergie,Annales d'Hyg.

publique,1851, s. 386.

t Vid. Casper'sWochenschrift,1841, s. 113, "c. The same cases are

to be found quoted in every treatise,and also in the Encyclop.der Med.,^

"Wissensch.,Bd. xxxi.

X.


in France to one in Germany^wMlst anotlier remarkable disease (asin

truth spontaneouscombustion must be called)^the cases of which are

considered justas well " proven/ and which are justas httle able to

withstand a scientificcriticism,the now justlynotorious "Pyio-

mania/' is ahnost exclusivelyconfined to Germany,and almost never

occurs in Prance. This,then, is a most remarkable circumstance,

since pathologicalessences are not limited bygeographicalboundaries ;

and the cause must be soughtelsewhere ; and it is no less strikinga

fact,that by far the largernumber of allthe known cases of so-caUed

spontaneouscombustion have been handed down to us from the last or

even earher centuries,and that in the many hundreds of journalsof

modem times there is scarcelyone recent case to be found. We are

therefore led to seek for other reasons.

I may here mention,that in by far the largestnumber of cases, the

unfortunate individuals are stated to have been old,indeed very old

(from50 to 90 years),givento the abuse of spirituoushquors,and

that the accident has occurred during winter,by night,and in soh-

tude. I may also mention,that itimost of such cases there has been

found in the room alongwith the spontaneously-consumedbody,some

substance,however apparentlytrifling,burning,or that had been

ahght,such as a tobacco-pipe,a candle,a lamp,and especiallyan

open fire. In portrayingsuch a scene, what can be more natural

than to suppose the followingsequence of events : some eveningia

winter,in a wine country,a drunken old man or woman comes home

half frozen,proceedsto hght a firein his lone room, and in warminghimseK at it sets fireto his clothes,and is burnt ? Or the drmiken

old man, stupidwith wine and sleep,and mentaUy feeble from age, sets

fire to his clothes,bed curtains,"c., either with a sparkfrom his

tobacco-pipe,or by going about carelesslywith a hghtedlamp or

candle,and is himself consumed in the conflagration? Such an expla-nationis certainlymore natural and more tenable,than any hypothesis

of "an excess of phosphorizedfat in the blood," of extraordinary

electricalagencies,of the existence of phosphorettedhydrogenin the

body,"c. And. such cases of spontaneouscombustion indeed occur

everywhereand. every winter,onlytheymay well be more numerous

in France than in Germany, because in France their beds have cur-tains,

which as a rule theyhave not in Germany, because in France

fire-places,and therefore open firesare in every room, and in Germany

onlyclosed-in stoves ! Moreover, in our Fatherland for almost two

hundred years we have possesseda regulatedpubHc body of medica


wliich had been lightedby some one unaware of his presence. He

remained for some time stickingin the heated flue and was then ex-tricated

completelyroasted ! He was not carbonized,but his entire

body,without the exceptionof a singlepatch,had exactlythe appear-ance

of those spotson a body upon which fly-blistershave been

apphedshortlybefore death,that is,the whole of the skin was of a

coppery-redwith isolated yellowpatches,and cut likeparchment. In

many placesthe skin was fissured,and the molten fat had flowed out,and as it were varnished the surroundingparts. The body was onlyinspected.

Case CXLI." ^Pive Carbonized Individuals.

During a fire,the familyof a tauor,consistuigof the two parentsand the three children,who occupiedthe garrets,met with a most fearful

death. The bodies were extricated from the rubbish,but the general

appearance alone denoted them to be human. Their respectivepelvesalso permittedthe distinguishingwith probabilitywhich was the man,

and which the woman. It was a most mournful sightto see the two

largeand the three smaller skeletons laid out in a graduallydecreas-ing

row. All the five were perfectlycarbonized and black,all their

cavities laid open, and not a trace of soft partsany longervisible.

From almost every skeleton- singleparts" an arm, a hand,a whole

extremity,or a foot,fee,were broken off and awanting.

Case CXLII. " Murder by Combustion or by Strangulation ?

The followingisthe importantcase above alluded to :" On the after-noon

of the 36th of April,18 "

jthe labourer Pritze visited a lone-

Hvingwidow, named Hake, aged 70, confessedlyfor the purpose of

obtainingmoney from her,and in case of refusal,murderingher.

She actuallydid refuse the loan,whereuponF., a largeand strong

man, struck her at once a blow upon the forehead,which knocked her

down. She lay "quitestill,without groaning,moaning,or caUingfor help."*He then took up a pavingstone the size of a fist,which

he stated he had found in the room, and struck her a violent blow on

the face with it,upon which, " after beingconvulsed for a short time

she never stirred more.^' He declared that he did nothingelse to the

body of the woman Hake, neither strangledher, nor burned her,but

onlyturned her round on her face on the floor,as he feltit unpleasant


to look lierin the face. He now searched the cupboards,where he

found a purse containing"150 ; he remained in the house tillit was

dark,when he lighteda taUow candle,and afterwards went off late in

the eveningwith his booty,after placingthe candle beneath a cane-

chair,for which singularproceedinghe could or would not giveanyexplanation.On the followingmorningthe small two-roomed house

of the widow Hake was found by sundrypersons, amongst whom we

ourselves were, filledwith a strongsmeU of burning,and the walls,

furniture,"c.,covered with soot. In the bedroom the body,whichwill be described immediately,layupon its face near the bed,which

was quitedestroyed,many partsof it were completelyburnt,upon it

laya pillowquiteburned, and one foot from it stood a cane-chair

quiteburned through,beneath which stood a brass candlestick,in the

socket of which a tallow candle had burned out. In the sitting-roomthe paving-stonewas found lyingon the floor. The most remarkable

appearances found upon dissectionwere the following,which I extract

from the very fuR protocolwritten out at the time of the dissection :"

The hair,coveringthe corpulentbody,was burnt and partlycar-bonized,

the nasal bones were broken,the bones of the septum narium

separatedfrom the cartilage; the eyes were firmlyclosed,and inside

the righteye there were small vesications ; the whole of the forehead

was covered with clotted blood,and in the centre of it there was an

ecchymosisthe size of a halfpenny,on incisingwhich fluid blood

escaped;there was a smaller ecchymosison the rightcheek; the

whole face was covered with dried blood and burnt feathers,was

charred and almost unrecognisable; the rightear was quitecharred,the left,onlyburnt; at the root of the nose there was a semicircular

wound a quarterof an inch long,and two lines broad,with blunt

irregularedges,and at the distance of haK-an-inch there was another

similar but triangularwound; the tongue protrudedfrom between

the teeth; the neck was charred all round, and great patchesofthe skin cracked,the laryngealregionalone was not charred,but

besetwith several vesications ; the righthand was completelycharred ;

the rightarm and forearm,as well as the left arm, were onlypar-tially

charred,but were covered with numerous vesications,both largeand small,which were partlyfilledwith serum, partlyempty,and this

was also the case with all the numerous vesicles found scattered over

the body. It was certainlyremarkable to find the nates and external

parts of generationcompletelycharred,so that on the latter no an-atomical

structure could be any longerrecognised.The legsand feet


alone were quite"nainjured.At tlie internal inspectionthe cranial

cavityand the bram were quiteansemicjand there was nothingelsediscovered at aU relevant to the-cause of deathswherefore we omit the

other appearances found. The fracture of the nasal bones could now

be distmctlymade out to have been caused duringlifeby the ecchy-moses which extended into the bones. The mucous membrane of the

trachea,when a depositof soot had been washed off with a sponge,

exhibited "a brightcherry-redcolour,and some bloodyfroth was

found in the trachea.'" The lungswere " greatlydistended with dark

blood ;''the oesophaguswas empty and normal; the largethoracicveins were distended with dark blood. Of the abdominal cavity,I

need onlyremark, that aU its organs were healthy,and the vena cava

contained much dark-coloured fluid blood.

In accordance with these appearances we gave it as our provisional

opinion,at the termination of the dissection,that the deceased had

died from asphyxia,and that " it was quitepossible" that the very

considerable firewhich had occurred had been the sole cause of this

asphjrxia.When our reasoned reportwas demanded, the following

questionswere givenus to answer :"

(1.)Is itcertain,probable,or possible,that the death of the woman

Hake from asphyxia,could have been,mediatelyor immediately,

producedby the blows which she received on the forehead and nose

from the stone and the man^s fist; or isitimpossiblethat these blows

could have producedthis death from asphyxia?

(2.)If such should be the case, has this asphyxiabeen producedbythe circumstance that Pritze,after knockingdown the woman Hake,

who was old and corpulent,laid her on her beUy,and so lefther lyingwithout perceivingany signof lifeup to the periodof his takinghis

departure?

(3.)What medical reasons can be givenfor supposingthat the

smoke of the firealone has produceddeath by asphyxiain the woman

Hake?

As the death happenedafter the receiptof injuries,accordingtothe then requirementsof the law,we had to commence our reportbya correct estimation of these in relation to " 169 of the Code ofCriminal Procedure (thatis,accordingto their degreeof lethaHty).

Since,however, even allowingthat these injurieshad producedan im-mediate

concussion of the brain,the dissection had revealed that theyhad not been the cause of death,but that it had been producedby

asphyxia,we were obhged to come to the conclusion that the three


lethalityquestionshad no applicationto the present case. After

we had explainedscientificallythe reasons why death was in this

case assumed to have been caused by asphyxiaall the differentpos-siblemodes of originof this death were given. We then continued

in regardto the firstof the questionsput to us ""in particular,

asphyxiacannot be producedby cranial injurieswhich are neither

severe nor fatal,which have not destroyedthe whole brain or any

largeand importantpartof it,therebyinterferingwith the innervation

of the lungs. In the presentcase, indeed, we must not altogetherdisregardthe bruisingof the nose, inasmuch as such an injurymustinterfere more or less with the act of respiration.The far more

importantpassage for the respiration,however,that through the

mouth, is quiteunaffected by any fracture,or even by completesquashingof the nose; therefore,so long as the chief respiratory

passage remains patent,no amount of injuryto the nose can produceasphyxia.^''Accordingly,we concluded,in replyto the firstquery :

" that it was impossiblethat death by asphyxiacould have been pro-duced

by the blows given." In respectto the second and more

difficultquestion,the followingwas the substance of our remarks :"

" We must repeatthat the woman Hake did not die from the cranial

injuries.She was, consequently,not yet dead, as Fritze supposedwhen he saw her lyingsenseless on the floor,but she onlylay" ^if,

indeed,any credit is to be attached to his statements " ^inthat stunned

condition which the injuriesto her head were capableof producing,but stillahve and breathing.When in the condition justdescribed,Pritze is said to have turned her round, with her face to the floor,

close to which it must have been pressed,from the flattened condition

of the nose, and therebyundoubtedlythe respirationmust have been

made more difficult. Especiallywhen we consider that the woman

Hake was aheady far advanced in years ; that at her time of lifethe

respirationis less frequentand energetic; and further,it is not con-trary

to the evidence to suppose that there coexisted a certain amount

of concussion of the brain,which of itselfwould render the respirationslower and more laboured,so it is not impossiUethat aU these various

causes ofrespiratoryembarrassment mightultimatelyso accumulate as

to producecompleteasphyxia.But this supposition,to which we do

not accord any probabihty,to say nothingof certainty,leaves us com-pletely

in the dark as to the productionof the charringoftheface,which must be regardedas lyingalmost flat on the floor,and yetthe floor itself beneath it was by no means badlyburned or charr

312 i 19. ILLUSTRATIVE CASES.

red.* Also the factof tlieriffMliand beingcompletelycharred seems to

contradict this assumption;this may, indeed,have been so placedon the

bodyalreadylyingdead on the floor,as to have been speciallyexposedto the action of the flames,but of this we have no knowledge,while

we cannot shut our eyes to the possibilitythat the woman Hake was

yetahve when the fireseized her clothing,and the pillowwhich was

found coveringher back,and that,either fullyconscious of the dangerof her situation,or stillhalf unconscious,she strove with all her

mightwith her righthand to tear off the burningarticles,and thus to

save herself. In reply,therefore,to the second question,we can only

say: " That the circumstance that Tritze,after knockingdown the

woman Hake, laid her on her face,and so lefther lyingfor several

hours,msij possible/have producedthe asphyxiafrom which she died/-*

In replyto the third question,we thus expressedourselves :" ^The

greatdepositof soot which we found on every articleof furniture was

sufficientproofof the densityof the smoke, which had completelyfilled

the two small rooms in the woman Hakens house. And this was further

provedby the utterlyconsumed state of all the clothingon the body,

by the completecarbonization of her face,rightear, righthand, nates,and external partsof generation,which distinctlyshowed how intense

the firehad been,and how powerfulhad been its action. That such

an amount of burningand of smoke must have killed any one lying

helplessin itsmidst,requiresno further proof;itisalso self-evidentthat

in such a case the dissection would reveal exactlythe same appear-ances

as were found in the body of the woman Hake, namely,burningand charringof the surface of the body,and the signsof death from

asphjrxiainternally.That, however,the asphyxiain the case of the

deceased was producedin this manner "alone" can be by no means

provedby '^medical reasons.^^ On the contrary,there are in this

case several other possiblehypotheses.For instance,had Eritze,after

knockingthe woman Hake down, strangledher with his hands or

with any instrument,and then so burned and roasted the neck as it

was found by us, the mark of cord or hgaturewould therebyhave been

completelyeffaced,and the appearances on dissection would have been

peciselythe same as those found "and the result would have been pre-cisely

similar,had he forciblyheld the pillowover the face,or the whole

of the head of the woman as she layon the ground,tillhe either knew

* A similar circumstance has been observed in many cases of so-called

spontaneous combustion,and it is one of the many miraculous phenomena

described in connection with them !

" 19, ILLUSTRATIVE CASES. 313

or supposedher to be dead^and thereafterset fireto \i,""c. Ac-

cordingly^we repliedto the third and last questionby sayings" that

there are no medical reasons for supposingthat the woman Hake has

been asphyxiatedsolelyby the smoke of the fij-ewhich surrounded her."

Pritze was executed. As we have alreadyremarked it was psycho-logicallyremarkable that this man^ thoughhe became softened and re-pentant

at a very earlyperiodof his imprisonmentand freelycon-fessed

the murder with all its deta"s,could yetnever be broughtto

acknowledgethe fire-raising,of which he was also indubitablygmlty.Just one daybefore his execution,when he had no longeranythingto hopefor or dread upon earth,I spoketo him in the prison,and

asked him to teU me now, as a matter personallyuiterestiagto me

from its connection with my branch of science,what he had done with

the woman Hake. In vain ! He held fast to his statement that he

did not know why, on goingaway, he had placedthe burningcandle

under the cane-chair,and quiteclose to the bed of the murdered

woman ! Forced by the gnawingof his conscience,he did not hesi-tate

to confess that he had been a murderer ; but he would not leave

the world stigmatizedas an incendiary.This is an illustrationof the

peculiarpoint d'Jionneur of a criminal,many proofsof which are to

be found in the criminal world.

Case CXLIII. " ^Tatal Scald in a Bath.

A man aged68, of weak inteUect^was scalded to death in a hot

bath in an Hospital.As the neglectof his attendant was presumed,a

medico-legalexamination was ordered. We found the half of the

back and beUy,the whole of the leftforearm,the partsof generation,and the whole of the inferior extremities so burnt that the epithehumof allthose partslayin tatters over the brownish-red coloured cutis

vera, and the nails of the fingersand toes were all awanting. The

poor fellow had onlylived two hours after the injury.Prom the

appearances on dissection,we must deduct a gelatinousexudation on

the surface of the brain,a very hard brain,a very largerust-coloured

and friable Uver,and a diffluentspleen,as all connected with the men-tal

disease of the deceased,which had existed for one year and a-half,

and we could onlyreckon greatcongestionof the brain,and distention

of the rightside of the heart,and particularlythe condition of the

blood,which was dark,almost black,and looselycoagulated" grumous

" as due to the fatalscald. It is perfectlyself-evidentthat a scald


wHch, affected two-thirds of the body,and occasioned death in two

honrsjmust be assumed to be absolutelyfatal (accordingto the law

as it then stood).

Case CXLIY." A Boasted Man.

A man aged83^ sittingbefore a stove had his clothes accidentallyset fireto ; theywere burned to ashes and the feeble helplessold man

was found sittingdead and roasted before the stove. The body was

in a bent position^was completelycarbonized,exceptthe legs,which

were burned of a deepdark brown, but not carbonized. The whole of

the back was particularlydestroyed,so that in attemptingto straightenthe body,it broke. On the rightside the external coveringswere so

cracked that one could see throughthe fissures into the thorax and

abdomen, in the latter of which the roasted rightlobe of the liver

could be distinctlyrecognised.Any further examination of the body

was, of course, declared to be unnecessary.

Cases CXLV. and CXLYI. " Burning op two Children.

A boy,aged6 years and three-quarters,and his sister,aged3 years

and a-haK,were both destroyedin one fire,which their mother was

supposedto have kindled intentionally,in the room in the crib in

which the younger child was lyingupon feathers and rags. The bodyof the youngest child everywheredisplayedinjuriesarisingfrom fire.

The external surface of the leftupper extremity,the parts of genera-tion,

the nates,and the toes of the rightfoot were black and carbon-ized

; the left half of the face,and the left side of the body were

roasted brown and leathery; and finally,the rightupper extremity,the lefthand, and both of the thighs,displayedthe lesser degreeof

burning" separationof the cuticle. The body of the boy,on the

other hand, presentedno injuriesfrom fire. Both of these children

had died from asphyxia.Particularlyremarkable was the fact of the

tracheae of both,beingfilledwith not very frothy,dirty,dark-coloured

mucus, in which black particles(soot)were distinctlyvisible. The

lungsof both the chudren,particularlythe rightone, were very much

distended with dark fluid blood,as were also,particularlyin the case

of the boy,the largevenous trunks of the thorax and abdomen. The

rightside of the boy^sheart contained half a tablespoonfulof such

blood,the rightside of the girFsheart onlyhalf a teaspoonful.The

316 " 19, ILLUSTRATIVE CASES.

were visiblepartlyin brownisli-yellowpatcheswMch cut soft^partlyin separationof the cuticle,partlyin sores alreadygranulating.In-ternally

there was pleuritison the rightside ; the rightlung was

covered with recent bands of adhesion,compressedand hepatized.The

left lung was healthy. The pericardiumwas distended with serous

effusion. The rightside of the heart was quitefiUed with cherry-redhalf coagulatedblood,the left side was empty ; the whole of the rest

of the body,with the exceptionof the largeabdominal veins,was

ansemic. Accordinglywe gave it as our opinionthat the child had

died from thoracic inflammation,originatingin the scald.

Case CXLIX. "Death peom fire.

The clothes of a boy,aged one year and a-half,took fire,-and he

died two daysafter. Apoplecticcongestionof the brain,evident in-flammation

of the trachea and red hepatizationof the inferior lobe of

the rightlung were the appearances found on dissection. The fre-quent

coexistence of inflammation of the air-passagesafter extensive

burns, is as well known as it is easilyexplainedby a reference to the

physiologicalconsent between the pulmonary and cuticular respi-ration.

Case CL."

^Death from fire.

While a widow, aged 81, was warming herself at the stove, her

clothes took fire,and the whole of her nates, inclusive of iheperincBumand vulva, were burned. She was at once sent to an Hospital,where,after several days of suffering,she died. Of her illness we know

nothing. At the dissection the partsmentioned were found covered

with deepulcerations,wliich were covered with healthygranulations,

upon which laya dressingof raw cotton. A cherry-redparchment-hkeband separatedcompletelythe burned from the healthyparts. The

internal appearances were of comparativelyhttle importance,since,

except generalansemia,nothingwas found that properlyresulted from

the burn, except inflammation (redhepatization)of the upper lobe of

the leftlung,whilst the other parts of both lungswere anaemic,and

no trace of any exudation was to be found anywhere else,either in the

cranium, or in the pleurse,or in the pericardium.


Case CLI. " Death from fire.

This case is rendered interestingand worth relatingfrom the fact,

that in it the action of fireupon a hvingbody and a dead one could

be seen upon one and the same corpse. A drunken old washerwoman

had laid herself down upon a bench near the firein the washing-house,and had fallen asleep.While asleepshe had fallen on the floor,and

that in such a positionthat the fire had reached her,for she was

found lyingburnt to death upon the floor. The burn extended over

the left side of the face,the left shoulder,breast,thigh,and half of

the leftleg. The left arm and hand were quiteuninjured,while the

righthand was burnt, and it was the onlypart of the rightside

of the body that was so, therebyaffordingproofthat the deceased

had been ahve and sensible when she was seized by the flames,

and that she had endeavoured to tear off her burningclothing.The

left half of the face,inclusive of the ear and the left side of the

neck,with the left shoulder and upper half of the left arm were car-bonized.

The carbonized partswere surrounded by a dirtypurplish-red, dry,leatherymargin from a quarterof an inch to two inches

broad. A similar state of matters existed on the leftthigh. On the

trochanter there were two burst vesications with cinnabar-red bases,

and not far from them a small vesicle,filledwith bloodyserum, de-pended

from a brightrosy-redbasis,round which no margiacould be

seen, situate as it was on a spot alreadyhalf charred and whollycovered with soot. Besides these vesicaLions which had been produced

duringlife,there were upon the anterior surface of the legthree

patches,each the size of half-a-crown,from which the cuticle was

abraded, and which were conspicuousby their whiteness amid the

sootydinginesssurroundingthem. The deceased had evidentlybeen

dead when the flame seized these parts,and producedthese speedilyburst vesications (on the dead body). Death was caused by cardiac

apoplexy(asphyxia).

The whole of the rightside of the heart (and

the vena cava inferior)were gorgedwith remarkablydark-reddish

fluid blood, m which greasy coagulafloated. The other appearances

were not remarkable. The lungsespeciallyand the trachea were

normal,and their vesselsvery shghtlyinjected; the brain and cranial

cavitywere not hypersemic,and in the whole of the abdomen there

was not a singleappearance worth relating,exceptthe venous conges-tion

alieadymentioned.

Ix)ndon:

riintcd by J. W. Roche,

5,Klrby Street,

Hatton

Garden.

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Health & Medicine