Treatise on Poisons by Sir Robert Christison
5. The next article among the moral circumstances,—the simultaneous
1396 words | Chapter 34
illness of other members of the family besides the person chiefly
affected,—depends for its conclusiveness almost entirely upon the
researches and opinion of the medical witnesses.
The fact, that several persons, who partook of the same dish or other
article, have been seized about the same time with the same symptoms,
will furnish very strong evidence of general poisoning. A few diseases,
such as those which arise from infection or from atmospheric miasmata,
may affect several persons of a family about the same time; and
hysteria, and epilepsy, have been communicated to several people in
rapid succession.[130] But I am not aware, that, among the diseases
which resemble well marked cases of poisoning either with irritants or
with narcotics, any one ever originates in such a way as to render it
possible for several persons in a family to be attacked simultaneously,
except through the merest and therefore most improbable accident.
Cholera perhaps is an exception. But when cholera attacks at one time
several people living together, it arises from bad food, and is properly
a variety of poisoning. In such cases, too, the fallacy may in general
be easily got the better of, by finding that the store or stock, from
which the various articles composing the injurious meal have been taken
was of wholesome quality.
Hence it may be laid down as a general rule, that, perhaps if two, but
certainly if three or more persons, after taking a suspected article of
food or drink, are each affected with symptoms, furnishing of themselves
presumptive evidence of poisoning, and have been seized nearly about the
same time, and within the interval after eating within which poisons
usually begin to act,—the proof of poisoning is decisive. Several late
cases might, in my opinion, have been decided by this rule. Thus it
might have decided the important case of George Thom tried at Aberdeen
in 1821 for poisoning the Mitchells, and likewise that of Eliza Fenning,
about whose condemnation some clamour was made in London in 1815. In
both instances, as will be mentioned under the head of arsenic, the
symptoms were developed so characteristically, that from them alone
poisoning with arsenic might have been inferred almost to a certainty.
But even if the symptoms had been somewhat less characteristic, all
doubt of general poisoning was set aside by the fact, that four persons
in the former case, and five in the latter, were similarly and
simultaneously affected, and all of them at an interval after eating,
which corresponded with the interval within which arsenic usually begins
to act.
Sometimes it happens, that while one or more of a party at a certain
meal suffer, others escape. Such an occurrence must not be hastily
assumed as inconsistent with poison having been administered at that
meal. For the guilty person may have slipped the poison into the portion
taken by the individual or individuals affected.
If it be proved that all who ate of a particular dish have suffered, and
all who did not have escaped, the kind of moral evidence now under
review becomes strongest of all. It is well for the medical jurist to
remember also, that such evidence is very useful in directing him where
chiefly he should look for poison.
At other times it happens that the several people affected, suffer in
proportion to the quantity taken by each of a particular dish. Too much
importance ought not to be attached to the absence of that relation; for
it has been already mentioned that habit, idiosyncrasy, and the state of
fulness of the stomach at the time, will modify materially the action of
poisons. But when present, it will often form strong evidence.—A good
illustration of what is now said may be found in the case of Thomas
Lenargan, tried in Ireland for the murder of his master, Mr. O’Flaherty.
He had for some time carried on an amour with O’Flaherty’s wife; and
afterwards, to get rid of the troublesome surveillance of the husband,
contrived to despatch him by poison. The crime was not suspected for two
years. Among the facts brought out on the trial the most pointed were,
that O’Flaherty’s daughter and two servants were affected at the same
time with the very same symptoms as himself; that they had partaken of
the same dish with him; that the severity of their several complaints
was in proportion to the quantity each had taken; and that others of the
family, who did not eat it, were not affected.[131]
Another remarkable instance of this kind has been recorded by Morgagni.
A clergyman, while travelling in company with another gentleman and two
ladies, was setting out one afternoon to resume his journey after dining
at an inn, when he was suddenly taken ill with violent pain in the
stomach and bowels, and soon after with vomiting and purging. One of the
ladies was similarly affected, but in a less degree; and likewise the
other gentleman, though in a degree still less: but the other lady did
not suffer at all. Morgagni found, that this lady was the only one of
the party who had not tasted a dish of soup at the commencement of
dinner. But he was puzzled on finding that the gentleman who suffered
least had taken the largest share of the soup, while the clergyman had
taken less than either of the two that were seized along with him. He
then remembered, however, that in the district where the accident
happened, it was the custom to use scraped cheese with the soup in
question; and on inquiry he was informed that they had each added to the
soup a quantity of cheese proportioned to the severity of their illness.
Here, therefore, Morgagni was led to suspect the presence of poison; and
accordingly, after the whole party had fortunately recovered, the
innkeeper acknowledged, that in the hurry of preparation, he had served
up to his guests cheese seasoned with arsenic to poison rats.[132] This
interesting anecdote shows, that the truth in such cases is not always
to be discovered without minute inquiry and considerable adroitness. In
the case of poisoning with arsenic in wine formerly alluded to,—where
all the individuals at table, to the amount of six, were severely
affected during dinner,—the soup was the article suspected, because all
had partaken of it; and, accordingly, the soup and vomited matter were
sent to me for analysis. On detecting a trace of arsenic in the vomited
matter, but none in the soup, I suggested that some other article might
have been used in common by the party, and mentioned the wine as a
probable article of the kind. It turned out that all had drunk a single
glass of champagne from a particular bottle; and in the wine remaining
in this bottle arsenic was found in the proportion of half a grain per
ounce.[133]
Cases of this nature are so instructive that no apology need be made for
mentioning one example more which lately came under my own notice. In
the case of Mary Anne Alcorn, convicted here in the summer of 1827, of
having administered poison to her master and mistress (a case already
referred to for another purpose, p. 75), it was proved that a white
powder was introduced in a suspicious manner into the gravy of baked
beef, which gravy was subsequently poured over the beef. Now the master
of the family dined heartily on beef, potatoes and rice-pudding, and
mixed the greater part of the beef gravy with his pudding; the mistress
ate moderately of the first slices of the beef, took very little gravy,
even to the beef, and none at all to the pudding; a little girl, their
niece, dined on pudding alone, without gravy; and the prisoner dined
after the family on the beef and potatoes. Accordingly the master
suffered so severely as for two or three days to be in danger of his
life, the mistress was also severely, but by no means so violently
affected, the little girl did not suffer at all, and the servant had
merely slight pain and sickness at stomach. The evidence thus procured
was exceedingly strong, more particularly when coupled with the fact,
that the beef used was half of a piece, the other half of which had been
used by the family two days before, without any ill consequences.
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