Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 by R. A. Witthaus et al.
493. Although this point was discussed, the case was really decided on
10678 words | Chapter 277
the ground that the objector had lost her right to object if she ever
had it.
[440] Brown _v._ R. W. & O. R. R. Co., 45 Hun, 439 (Supr. Ct., Gen. T.).
[441] In matter of O’Neil, 26 N. Y. St. Rep., 242 (N. Y. Surr., 1889).
[442] Taylor, Ev., s. 2; Greenleaf, Ev., s. 2.
[443] McConnell _v._ City of Osage, 45 N. W. Rep., 550.
[444] Harris _v._ Rupel, 14 Ind., 209.
[445] Van Valkenberg _v._ Van Valkenberg, 90 Ind., 433.
[446] Storrs _v._ Scougale, 48 Mich., 387; see also Dolton _v._ Albion,
24 N. W. Rep., 786.
[447] Page _v._ Page, 41 Mich., 88; see also McQuigan _v._ D. & L. R.
R. Co., 129 N. Y., 50; Roberts _v._ Ogdensburgh, etc., Ry. Co., 29 Hun,
158; McSwyny _v._ Broadway & S. A. Ry. Co., 7 N. Y. Supp., 459; and cf.
N. Y. Code Civ. Pro., s. 873, as amended Act 1893, c. 722.
[448] Winner _v._ Lathrop, 67 Hun, 511.
[449] Lunz _v._ Mass. Mut. L. I. Co., 8 Mo. App., 363.
[450] Johnson _v._ Johnson, 4 Paige, 460 (Chancery, 1834); see also
Hanford _v._ Hanford, 3 Edw. Ch., 468 (Vice Chan., 1841).
[451] 14 Wend., 636 (Ct. of Errors, 1835).
[452] 112 N. Y., 493.
[453] Edington _v._ Ætna L. I. Co., 17 W. D., 1883 (N. Y. Supr. Ct.,
Gen. T.); Hoyt _v._ Hoyt, 9 N. Y. St. Rep., 731 (Supr. Ct., Gen. T.),
affirmed 112 N. Y., 493.
[454] Johnson _v._ Johnson, 14 Wend., 636; Babcock _v._ People, 15 Hun,
347; Valensin _v._ Valensin, 14 Pac. Rep., 87 (Supr. Ct. Cal., 1887).
[455] Kelly _v._ Levy, 8 N. Y. Supp., 849 (G. T. N. Y. City Ct., 1890).
[456] Mott _v._ Consumers’ Ice Co., 2 Abb. N. C., 143 (N. Y. Com. Pl.,
Sp. T., 1877).
[457] Edington _v._ Mut. L. I. Co., 5 Hun, 1; Renihan _v._ Dennin, 103
N. Y., 573; Record _v._ Village of Saratoga Springs, 46 Hun, 448; Loder
_v._ Whelpley, 111 N. Y., 239.
[458] _Supra_, p. 101 _et seq._
[459] _Supra_, p. 101 _et seq._
[460] _Supra_, p. 107.
[461] Grattan _v._ Nat. L. I. Co. of U. S., 15 Hun, 74.
[462] Buffalo L. T. & S. D. Co. _v._ Knights T. & M. M. Aid Assn., 126
N. Y., 450.
[463] Edington _v._ Ætna L. I. Co., 13 Hun, 543; see Grattan _v._ Nat.
L. I. Co. of U. S., 15 Hun, 74.
[464] McConnell _v._ City of Osage, 45 N. W. Rep., 550.
[465] Cooley _v._ Foltz, 48 N. W. Rep., 176.
[466] People _v._ Schuyler, 43 Hun, 88 (N. Y. Supr. Ct., Gen. T.),
affirmed 106 N. Y., 298; Stowell _v._ American Co-operative Assn., 23
N. Y. St. Rep., 706 (N. Y. Supr. Ct., Gen. T.); Henry _v._ N. Y., L. E.
& W. R. R. Co., 57 Hun, 76 (N. Y. Supr. Ct., Gen. T.); Edington _v._
Ætna L. I. Co., 77 N. Y., 564; Gartside _v._ Conn. Mut. L. I. Co., 8
Mo. App., 592.
[467] Gartside _v._ Conn. Mut. L. I. Co., 8 Mo. App., 592.
[468] Feeny _v._ Long Island R. R. Co., 116 N. Y., 375.
[469] Numirich _v._ Supr. Lodge K. & L. of H., 3 N. Y. Supp., 552
(Trial Term, City Ct. of N. Y., 1889); see also _supra_, p. 115.
[470] Herrington _v._ Winn, 60 Hun, 235 (Supr. Ct., Gen. T., 1891).
[471] In matter of Halsey, 29 N. Y. St. Rep., 533 (N. Y. Surr., 1890);
cf. Matter of Darragh, 52 Hun, 591.
[472] Patten _v._ United L. & A. Ins. Assn., 133 N. Y., 450.
[473] Brigham _v._ Gott, 3 N. Y. Supp., 518 (Supr. Ct., Gen. T., 1889);
_supra_, p. 124.
[474] Buffalo L. T. & S. D. Co. _v._ K. T. & Mas. Mut. Aid Assn., 126
N. Y., 450.
[475] Harris _v._ Rupel, 14 Ind., 209; Sullings _v._ Shakespeare, 46
Mich., 408; Storrs _v._ Scougale, 48 Mich., 387; Buffalo, etc., Co.
_v._ Knights T. & Mas. Mut. Aid Assn., 126 N. Y., 450.
[476] Coryell _v._ Stone, 62 Ind., 307; People _v._ Schuyler, 43 Hun,
88, affirmed 106 N. Y., 298.
[477] _Supra_, p. 123.
[478] _Supra_, p. 119.
[479] Penn Mut. L. I. Co. _v._ Wiler, 100 Ind., 92. Valensin _v._
Valensin, 14 Pac. Rep., 87 (Supr. Ct. Cal., 1887); cf. _In re_ Hannah,
11 N. Y. St. Rep., 807.
[480] Mason _v._ Libbey, 2 Abb. N. C., 137; Mott _v._ Consumers’ Ice
Co., 2 Abb. N. C., 143.
[481] Lane _v._ Boicourt, 27 N. E. Rep., 1111; see also Winner _v._
Lathrop, 67 Hun, 511 (N. Y. Supr. Ct., G. T.).
[482] Scripps _v._ Foster, 41 Mich., 742.
[483] Grattan _v._ Metr. L. I. Co., 80 N. Y., 281.
[484] See p. 137, this volume, for the medical laws of the several
States and Territories; for history of physician’s right of action for
services, see Graham _v._ Gautier, 21 Tex., 117; see Wood _v._ Munson,
70 Hun, 468. In Georgia and Alabama a physician’s books are evidence in
such actions. Code Ala., 1886, s. 2,777; Code Ga., 1882, s. 3,777.
[485] Kendall _v._ Grey, 2 Hilt., 300.
[486] Kling _v._ City of Kansas, 27 Mo. App., 231; Pierson _v._ People,
79 N. Y., 424.
[487] _Supra_, p. 103. Matter of Coleman, 111 N. Y., 220.
[488] _Supra_, p. 103.
[489] _Supra_, p. 104.
[490] _Supra_, p. 127.
[491] Laws of N. Y., Act 1893, c. 661, secs. 23, 31. In New York
physicians are also required to attest certificates of the fact of
birth for registration (Act 1893, c. 661, secs. 22, 31), and to certify
the existence of contagious and infectious diseases (_ib._, s. 24).
[492] See suggestions on the policy of the New York law in Conn. Mut.
L. I. Co. _v._ Union Tr. Co., 112 U. S., 250; Pearsall _v._ Elmer, 5
Redf., 181; and _contra_, Edington _v._ Mut. L. I. Co., 5 Hun, 1.
[493] A valuable note is appended to this last case, citing the law
literature of burial-grounds, burials, etc., and also giving in full
the opinion of the Special Term of the New York Supreme Court, in the
case of Secord _v._ Secord, not elsewhere reported. And see also The
Law of Burial, 4 Bradf., 503. (Matter of Beekman St.)
[494] Ambrose _v._ Kerreson, 10 C. B., 776; Bradshaw _v._ Beard, 12
Com. B., n. s., 344; Johnson _v._ Marinus, 18 Abb. N. C., 72; Hewitt
_v._ Bronson, 5 Daily, 1; Cunningham _v._ Reardon, 98 Mass., 538.
[495] In New York State, section 305 of the Penal Code provides: “A
person has the right to direct the manner in which his body shall be
disposed of after his death; and also to direct the manner in which
any part of his body, which had become separated therefrom during his
lifetime, shall be disposed of; and the provisions of this chapter
do not apply to any case where a person has given directions for the
disposal of his body or any part thereof inconsistent with those
provisions.” See also Patterson _v._ Patterson, 59 N.Y., 583; Me.
R. S., ch. 13, sec. 1; Minn. Gen. Stats., sec. 6,220; N. D. Comp.
Laws. sec. 6,549; Oklahoma Stats., sec. 2,188. See also Williams _v._
Williams, Law Rpts., 20 Ch. D., 659; 2 Wms. on Exrs., p. 968; Secord
_v._ Secord, _supra_.
[496] Chappel _v._ Cooper, 13 M. & W., 252.
[497] Secord _v._ Secord, _supra_; Wyncoop _v._ Wyncoop, 42 Pa. St.,
293; Bogert _v._ Indianapolis, 13 Ind., 135; Snyder _v._ Snyder, 60
How. Prac., 368; Law of Burial, 4 Bradf., 503.
[498] 1 Bishop Crim. Law, sec. 506; see also Roscoe’s Cr. Ev., 445,
446; Stephens’ Dig. Crim. L., sec. 292; Reg. _v._ Clark, 15 Cox C. C.,
171.
[499] Some of the United States have enacted statutes declaring it
to be a misdemeanor to attach or seize under execution a dead body.
Arizona Pen. Code, 491, etc.; Cal. Pen. Code, sec. 295; Me. R. S.,
chap. 124, sec. 26; Mass. Pub. Stat., chap. 207, sec. 46; N. Dak. Comp.
Laws, sec. 6,563; Oklahoma Stat., sec. 2,202; R. I. Pub. Stat., sec.
3,222.
[500] So in Meagher _v._ Driscoll, 96 Am. Dec., 759, it was held that a
dead body is not the subject of property, and after burial it becomes
a part of the ground to which it has been committed; “Earth to earth,
ashes to ashes, dust to dust.”
[501] 1st Pres. Ch. _v._ 2d Pres. Ch., 2 Brewster, 372; and see also
Pierce _v._ Proprietors Swan Point Cem., _supra_.
[502] Craig. _v._ 1st Pres. Ch., 88 Pa. St., 42; Charleston _v._
Wentworth Cem., 4 Strob. (S. Car.), 306; Coates _v._ New York City, 7
Cow., 585; Hamilton _v._ New Albany, 30 Ind., 482; Paige _v._ Symonds,
63 N. H., 17.
[503] Peters _v._ Peters, 43 N. J. Eq., 140; Lowry _v._ Plitt, 11
Phila., 303; Weld _v._ Walker, _supra_; _In re_ Downs, 14 N. Y. St.
Rep., 189; Morland _v._ Richardson, 22 Beav., 596; s.c. 24 id., 33;
Guthrie _v._ Weaver, 1 Mo. App., 136; 4 Step. Com., 371; Reg. _v._
Theiss, 10 B. & S., 298.
[504] Weld _v._ Walker, _supra_; see also Johnson _v._ Marinus, _supra_.
[505] See also Com. _v._ Slack, 19 Pick., 304; People _v._ Fitzgerald,
105 N. Y., 146; People _v._ Richards, 138 N. Y., 137. In this last
case it was held that a tomb, although constructed in the form of an
elaborate mausoleum and built above the surface of the ground, was not
a “building, erection or enclosure,” within the meaning of the criminal
statutes defining the crime of burglary in entering a “building,
erection or enclosure;” and hence that entering such a tomb and taking
therefrom a dead body with its grave-clothes and cerements would not
amount to the crime of burglary.
[506] County of Northampton _v._ Innes, 2 Carey (Pa.), 156; Com. _v._
Hannan, 4 Barr. (Pa.), 269; Alleg. Co. _v._ Watts, 3 Barr. (Pa.), 468;
Van Hovenbergh _v._ Hasbrouck, 45 Barb. (N. Y.), 197; Cosford _v._
Board Supervisors, 38 N. Y. St. Rep., 964; Co. of Alleg. _v._ Shaw, 34
Pa. St., 301; Board of Com. _v._ Jameson, 86 Ind., 154; Mo. Rev. Laws,
sec. 2,469; No. Car. Laws, 1887, chap. 269; Tenn. Code, sec. 6,150;
N. Y. Laws of 1874, chap. 535, sec. 2; N. Y. Laws, 1889, chap. 500,
amending sec. 308 of The Pen. Code.
[507] Am. & Eng. Enc. of Law, vol. 4, p. 171.
[508] 4 Co., 57; 3 Com. Dig., 242.
[509] 1 Black. Com., 347.
[510] Am. & Eng. Enc. of Law, vol. 4, p. 173.
[511] Giles _v._ Brown, 1 Mill (S. C.) Const., 230; People _v._ Devine,
44 Cal., 452.
[512] Bouvier’s Law Dict., vol. 1, p. 405.
[513] Lancaster County _v._ Dern, 2 Grant (Pa.), 262. In this case a
concussion or collision took place in a street between the sleighs of
two parties, whereby a woman sustained an injury by the shaft, or some
other part of one of the parties’ sleigh, striking her immediately
above the eye, and penetrating the brain. Surgical aid was immediately
called in, and the woman received all the care and attention that the
exigencies of the case required till five days afterward, when she died
in consequence of the wound received. On the sixth day the coroner held
an inquest, and in this, an action to recover for his services against
the county, it was _held_ he could recover.
[514] County of Lancaster _v._ Mishler, 100 Pa. St., 624. In this, a
suit by the coroner against the county to recover his fees, it was
_held_ that this presumption was not conclusive, and evidence was
admissible to show that he acted in bad faith and knowingly without
sufficient cause or reason. The Court said: “The duty of a coroner
to hold an inquest rests on sound reason, on that reason which is
the life of the law. It is not a power to be exercised capriciously
and arbitrarily against all reason. The object of an inquest is to
seek information, and obtain and secure evidence, in case of death by
violence or other undue means. If there be reasonable ground to suspect
it was so caused, it becomes the duty of the coroner to act. If he has
no grounds for suspecting that the death was not a natural one, it is a
perversion of the whole spirit of the law to compel the county to pay
for such services.”
[515] County of Fayette _v._ Batton, 108 Pa. St., 591. It appeared
in this case, that nineteen persons came to their death suddenly and
almost simultaneously by an explosion of fire-damp in a coal-mine. The
coroner held a separate inquest over each body at the respective homes
of the deceased, qualifying the same jury separately over each body,
and the inquest returned a separate finding in each case. It was _held_
that this was the necessary and proper course to pursue under the
circumstances, and that the coroner was entitled to the legal fees in
each case. In Boislinieu _v._ Board of Co. Commissioners, 32 Mo., 375,
it was _held_ that the coroner is the sole judge as to the propriety
or necessity of holding the inquest, and his action in that respect is
not subject to revision by the county commissioners, and he is entitled
to fees under the statute notwithstanding the verdict of the coroner’s
jury discloses that the deceased died of a natural death, and not by
casualty or violence.
[516] Am. & Eng. Enc. of Law, vol. 4, p. 175.
[517] Garnett _v._ Ferrand, 6 Barn. & Cress., 611.
[518] People _v._ Fitzgerald, 43 Hun (N. Y.), 46.
[519] People _v._ Devine, 44 Cal., 452; Commonwealth _v._ Hawkins, 3
Gray (Mass.), 463.
[520] People _v._ Fitzgerald, 105 N. Y., 146.
[521] Jameson _v._ Board of Comrs., 64 Ind., 524.
[522] Regina _v._ White, 3 Ellis & Ellis (Eng.), 137. In this case
a second inquisition found by a coroner’s jury was quashed by the
court upon application of the defendants who were charged therein
with wilful murder. In People _v._ Budge, 4 Park Crim. Rep. (N.Y.),
519, a coroner’s jury found that the death was caused by suicide, and
nearly four months afterward the coroner summoned another jury and
held a second inquest, at which the jury found that the deceased was
killed by another, whereupon the coroner issued a warrant of commitment
under which the accused was imprisoned, but on _habeas corpus_ he was
discharged from imprisonment on the ground that the second inquisition
was unauthorized.
[523] The King _v._ Ferrand, 3 Barn. & Ald. (Eng.), 260; 2 Hawk P. C.,
77.
[524] Mass. Pub. Stat., chap. 26, §§ 1 and 10.
[525] County of Northampton _v._ Innes, 2 Casey (Pa.), 156;
Commonwealth _v._ Hannan, 4 Barr (Pa.), 269.
[526] Allegany County _v._ Watts, 3 Barr (Pa.), 462; Van Hoevenbergh
_v._ Hasbrouck, 45 Barb. (N. Y.), 197. The New York legislature has
made provision making the physician’s services in such a case a charge
against the county and the physician must look to the county for his
pay. Cosford _v._ Board of Supervisors, 38 N. Y. St. Rep., 964; 15
N. Y. Supp., 680. In Pennsylvania a physician or surgeon, employed
by the coroner to make a post-mortem examination, may recover from
the county a reasonable compensation for his services; and the county
commissioners have no power to appoint a surgeon to perform such
services, so as to preclude the coroner from selecting a proper person,
in the exercise of his discretion. County of Allegany _v._ Shaw, 34 Pa.
St., 301. It has been held that the authority of a coroner to employ
a chemist to discover whether poison caused the death of one on whose
body he holds an inquest does not restrict him to the employment of a
resident of the county, and that the analysis of the chemist must not
be made in the county of the coroner, and that even though the latter
was, by corrupt appliances of others, induced to employ a chemist, it
is no defence to a suit by the chemist to recover compensation for his
services. Board of Commissioners _v._ Jameson, 86 Ind., 154.
In New York he is empowered by statute to employ not more than two
competent surgeons to make post-mortem examinations and dissections and
to testify to the same. N. Y. Laws of 1874, chap. 535, § 2.
[527] People _v._ Fitzgerald, 105 N. Y., 146. In this case, upon
application of the defendant and upon affidavits showing sufficient
reasons therefor, a coroner of Chemung County, N. Y., directed the
exhumation of the body of a man, who died in California about one
year previous and was buried in Chemung County; for the purpose of a
post-mortem examination to determine whether the deceased was murdered,
and the body was accordingly exhumed, and an examination had without
empanelling a jury. An indictment was found against the defendant
charging her with body-stealing under section 311 of the New York
Penal Code, against body-stealing. It was _held_ that conceding the
proceeding to have been irregular, a conviction under that provision
of the Penal Code could not be sustained, and this, without regard to
the motives which actuated the defendant; that if she had committed any
offence it was not that of body-stealing.
[528] Crisfield _v._ Perine, 15 Hun, 200, affirmed 81 N. Y., 622. This
was an action of assault and battery and it appeared that the defendant
was a coroner, and that he held an inquest on the dead body of a man
who died after receiving personal injuries in an affray which he had
with his nephew. A post-mortem examination was about to be made by two
surgeons employed by the coroner for that purpose. The plaintiff, who
was also a physician and surgeon, was in the room when the examination
was about to be entered upon and said that he wished to remain and
witness it, but the coroner asked him to leave, and on his refusing
caused him to be put out of the room. For this act this suit was
brought. It was _held_ that the suit could not be maintained.
[529] Mass. Pub. Stat., chap 26, § 19.
[530] _Ib._, chap. 26, § 11.
[531] Commonwealth _v._ Dunan, 128 Mass., 422.
[532] Mass. Pub. Stat., chap. 26, §§ 12, 13, 17.
[533] Mass. Pub. Stat., chap. 26. § 18.
[534] N. Y. Criminal Code, § 773.
[535] N. Y. Revised Statutes, part iv., chap. iii., § 102.
[536] N. Y. Criminal Code, § 774.
[537] _Ib._, § 775.
[538] _Ib._, § 777.
[539] _Ib._, § 778.
[540] _Ib._, § 779.
[541] N. Y. Crim. Code, § 780.
[542] _Ib._, § 776.
[543] _Ib._, § 782.
[544] _Ib._, § 783.
[545] 2 Hawk P. C., 77; King _v._ Ferrand, 3 Barn. & A. (Eng.), 260.
[546] Rex _v._ Ferrand, 3 B. & Ald., 260.
[547] _In re_ Coroners, 11 Phila. (Pa.), 387.
[548] Crisfield _v._ Perine, 15 Hun, 200, affirmed 81 N. Y., 622.
[549] 2 Hawk P. C., 77.
[550] Matter of Collins, 11 Abb. Pr. (N. Y.), 406; 20 How. Pr., 111.
In this case it was held that a commitment issued by a coroner against
a person charged with murder is not void for the omission of the
allegation that he caused the death “feloniously,” if it is such that
the fact that he caused the death feloniously may be collected on its
face. And see People _v._ Beigler, 3 Park Crim. Rep. (N. Y.), 316.
[551] Rex _v._ Bowen, 6 Car. & P., 602; Rex _v._ Bennett, 6 Car. & P.,
179.
[552] State _v._ Evans, 27 La. An., 297.
[553] Rex _v._ Nicholas, 7 Carr & Payne (Eng.), 538.
[554] People _v._ White, 22 Wend. (N. Y.), 167.
[555] Matter of Collins, 11 Abb. Pr. (N. Y.), 406; 20 How. Pr., 111.
[556] Matter of Ramscar, 10 Abb. N. C. (N. Y.), 442. The prisoner in
this case was detained on a commitment issued by a coroner, he not
having had an examination, and the Court directed an examination before
a magistrate.
[557] N. Y. Code Crim. Pro., § 145.
[558] People _v._ Devine, 44 Cal., 452; Commonwealth _v._ Hawkins, 3
Gray (Mass.), 463.
[559] People _v._ Monden, 103 N. Y., 211.
[560] People _v._ Willett, 92 N. Y., 29. In this case upon the trial
of an indictment for murder, evidence was received on the part of the
prosecution, under objection and exception, to the effect that upon the
coroner’s inquest a witness testified that shortly after the murder
a stranger called at her house and asked the way to Sandy Hill, and
also for a drink of water; that the prisoner with a number of others
was placed around a room, and the witness pointed out the prisoner as
the one who so called; also that a number of persons, including the
prisoner passed behind her, each one repeating the question asked her
by the stranger, and she identified the prisoner by his voice, and that
the prisoner on that occasion did not Footnote: deny that he was such
stranger. It was held that the prisoner was not bound to speak and his
silence could not be regarded as an evidence of guilt, and that the
evidence was improperly received. The Court said: “The question whether
the defendant was bound to speak, and understood that he was at liberty
to speak, if he chose, was submitted to the jury by the Court in his
charge, and an exception taken thereto. The doctrine as to silence
being taken as an implied admission of the truth of allegations spoken
or uttered in the presence of a person, does not apply to silence at
a judicial proceeding or hearing. And if the proceedings before the
coroner were of a judicial character the evidence was erroneously
received. It is very apparent that the examination before the coroner
partook of a judicial character, and what then transpired must be
considered as a part of the proceedings; the coroner was there, a jury
had been empanelled, and witnesses were examined whose testimony was
returned as a portion of the coroner’s proceedings. It is difficult to
see upon what ground it can be claimed that the experiments which were
made were not in connection with the proceedings before the coroner and
a part thereof.”
[561] Hendrickson _v._ People, 10 N. Y., 13.
[562] People _v._ McMahon, 15 N. Y., 384.
[563] Teachout _v._ People, 41 N. Y., 7.
[564] People _v._ Mondon, 103 N. Y., 211.
[565] People _v._ McGloin, 91 N. Y., 241.
[566] Williams _v._ Commonwealth, 29 Pa. St., 102. In this case the
prosecution was permitted to prove upon the trial that a justice
of the peace had held an inquest on the body of a dead person, and
appointed another person foreman of the inquest, and directed him to
swear witnesses; and while the inquest was still sitting, the foreman
called upon and requested the defendant to be sworn and give evidence
as a witness, and he was duly sworn and was examined by the foreman, in
presence of the inquest. It was held on appeal that his evidence was
admissible. On this point the Court said: “If the defendant had been
awakened out of sleep, charged with crime, and then, in the necessary
confusion of his faculties sworn to testify, I should have steadfastly
resisted the subsequent introduction of the testimony against him.
The common law, which justifies an accused man in entire silence,
appears in beautiful contrast to the continental systems, which permit
the criminal to be racked by inquisitorial skill, until something
be wrung from him which may be patched up into proof of guilt. This
case shows nothing of the kind. The phrase ‘called up’ commented on
by the counsel, does not appear in the record, and if employed by the
witnesses related doubtless to the ordinary case of calling forth
a witness, and not awakening him from slumber. When the defendant
was sworn before the inquest, he had neither been charged with nor
suspected of crime. He might have declined to testify, and this
would have pointed suspicion directly to him. He took the risk of a
statement, and cannot complain that he met the legitimate consequences
of the act. In the eye of all the authorities, it was a voluntary
statement.”
[567] Clough _v._ The State, 7 Neb., 320.
[568] The facts upon which the following statements are based have been
largely drawn from Taylor. See Stevenson’s Taylor, vol. i., p. 204 _et
seq._
[569] Recent attention to such subjects by Italian writers places them
in the foremost rank. Although their system of judicature differs from
our own, this fact does not lessen the value of their medico-forensic
literature.
[570] Canada Med. and Surg. Journal, 1875, vol. iii., pp. 56-60.
[571] Some interesting facts by Dr. W. H. Holmes regarding “The
Condition of Bodies Long Buried” may be found in the Boston Med. and
Surg. Journal, July 23d, 1891.
[572] Quar. Journal of Psychological Medicine, N. Y., 1869, vol. iii.,
p. 691.
[573] See writer’s article, “Cephalometry, Craniometry,” in “Reference
Handbook of the Medical Sciences.”
[574] See writer’s “Cruise of the Corwin” to Alaska and the Northwest
Arctic Ocean, Washington, 1883.
[575] See writer’s article, “Feet,” in “Reference Handbook of the
Medical Sciences;” also, Ellis, T.S., “On the Human Foot,” London, 1889.
[576] See Dwight: “The Closure of the Cranial Sutures as a Sign of
Age,” Boston Med. and Surg. Journal, April 29th, 1890.
[577] See Dwight: “The Sternum as an Index of Sex, Height, and Age,”
Journal of Anatomy and Physiology, vol. xxiv.
[578] Boston Med. and Surg. Journal, March, 1850, vol. xii., p. 162.
[579] The British Medical Journal, April 18th, 1874, p. 527.
[580] Taylor’s “Med. Jurisprudence,” vol. i., p. 157.
[581] Theatre-goers are familiar with the establishment of personal
identity by means of traces of a perfume in the play of “Diplomacy.”
[582] New York Med. Journal, vol. x., p. 412.
[583] New York Med. Record, August 18th, 1877.
[584] Annales d’Hygiene Publique, 1883.
[585] Med. Gazette, vol. xli., p. 650.
[586] In a series of papers to Riv. Sper. di freniat, Reggio-Emilia,
1883.
[587] See Mr. Galton’s paper in Nature, June 21st, 1888, p. 173; also
in his recent work on Finger Prints.
[588] For a few classical citations that are more erudite than
profitable see Zeitschrift für Ethnologie, Berlin., 1888, xx., p. 412.
[589] See “Guy’s Hospital Report,” xix., 1874; also “Histoire Médicale
de Tatouage” in Archiv. de Médecine Navale, tom. 11, 12, Paris, 1869. A
later study on the medico-legal importance of tattooing may be found in
Lo Spallanzani, Roma, 1891, 2s, xx., 169, 208.
[590] According to Lombroso, all who are tattooed on the back or the
sexual organs have without exception either been among the Pacific
Islands or sojourned in a prison.
[591] A paper by Dr. J. N. Hall on “The Medico-Legal Value of
Powder-Stains in Gunshot Wounds,” with a report of cases, may be found
in the Transactions of the Colorado Medical Society, 1890, xx., 94.
[592] Bulletin de l’Acad. de Méd., 17 janvier, 1853, t. xviii., p. 348.
[593] La Escula de Medicina, Mexico, 1880-81.
[594] Lyon Medical, 1880.
[595] Med. Press and Circular, May 30th, 1888, p. 576.
[596] Phil. Trans., B., 1891.
[597] See Proc. Royal Soc., London, May 28th, 1891. A medico-legal
study of imprints may also be found in Archiv d’Anthropologie Criminel,
15th July, 1891.
[598] See Annual of the Universal Medical Sciences, 1888, vol. v., pp.
143-147.
[599] See paragraph II., General Orders No. 33, Adjutant-General’s
Office, April 1st, 1889.
[600] In 1892 only three failures are recorded.
[601] “Précis de Méd. Lég.,” 2d Ed., 1890.
[602] “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[603] Arrêt du tribunal de Lyon, 8 et 15 décembre, 1859.
[604] “Lectures on Med. Jurisprud.,” 1878, pp. 422, 423.
[605] See Figs. 10 and 11.
[606] “Lehrbuch der Speciellen Chirurgie.”
[607] “Manuel de Leg.,” 5th Ed., 1892.
[608] “Précis de Med. Leg.,” 2d Ed., 1890.
[609] Taylor: “Medical Jurisprudence,” 11th American Edition (1892).
[610] Taylor: “Medical Jurisprudence,” 11th American Edition (1892).
[611] London Med. Gaz., vol. xvi., p. 596.
[612] Ch. Vibert: “Précis de Médecine Légale,” 2d Ed., p. 205.
[613] Taylor’s “Medical Jurisprudence,” 11th Amer. Ed., 1892.
[614] London Lancet, Jan. 21st, 1893, and N. Y. Med. Journal, March
11th, 1893, and May 13th, 1893.
[615] Ann. d’Hyg., 1847, t. 2, p. 377.
[616] Taylor: “Medical Jurisprudence,” 11th Amer. Ed., 1892.
[617] “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[618] “On Homicide,” p. 187.
[619] Med. Gaz., May, 1840.
[620] Guy’s Hosp. Gaz., 1873.
[621] Vibert: “Précis de Médecine Légale,” 2d Ed., 1890.
[622] Vibert: “Précis de Médecine Légale,” 2d Ed., 1890.
[623] Vibert: “Précis de Médecine Légale,” 2d Ed., 1890.
[624] Vibert: “Précis de Médecine Légale,” 2d Ed., 1890.
[625] Quoted by Vibert from the “Traite de pathologie externe” of
Follin and Duplay.
[626] “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[627] “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[628] “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[629] Taylor: “Medical Jurisprudence,” 11th Amer. Ed., 1892.
[630] Taylor: “Medical Jurisprudence,” 11th Amer. Ed., 1892.
[631] Taylor: “Medical Jurisprudence,” 11th Amer. Ed., 1892.
[632] Taylor: “Medical Jurisprudence,” 11th Amer. Ed., 1892.
[633] Taylor: “Medical Jurisprudence,” 11th Amer. Ed., 1892.
[634] Med. Times, 1854, ii., p. 238.
[635] “Ueber die Kopf-Verletzungen,” 1842, p. 57.
[636] “Précis de Médecine Légale,” 2d Ed., 1890, p. 203.
[637] “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[638] Taylor, “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[639] Lutaud: “Man. d. Méd. Lég.,” 5th Ed., 1892.
[640] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[641] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[642] Taylor: “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[643] Willis: “Circumstantial Evidence,” p. 97.
[644] “Lectures on Med. Jurisprudence,” p. 424.
[645] See “Med. Leg.,” trad. par Brouardel, p. 601.
[646] “Med. Jurisprudence.” 11th Amer. Ed., 1892.
[647] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[648] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[649] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[650] Ann. d’Hyg., 1863, t. 1. p. 463.
[651] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[652] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[653] Vibert: “Précis de Méd. Lég.,” 2d Ed., 1890.
[654] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[655] “Précis de Méd. Lég.,” 2d Ed., 1890, p. 264.
[656] “Précis de Méd. Lég.,” 2d Ed., 1890.
[657] “Précis de Méd. Lég.,” 2d Ed., 1890, p. 246.
[658] “Précis de Méd. Lég.,” 2d Ed., 1890.
[659] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[660] “Med. Jurisprudence,” 11th Amer Ed., 1892, p. 334.
[661] London Lancet, 1873, i., p. 697.
[662] “An American Text-Book of Surgery,” p. 496.
[663] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[664] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[665] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[666] Edin. Med. and Surg. Jour., Oct., 1845, p. 527.
[667] “Manuel de Méd. Lég.,” 5th Ed., 1892.
[668] “Méd. Lég.,” t. 2, p. 243.
[669] Beck, vol. ii., pp. 329, 333; Wharton and Stillé, 2d Ed., p. 580;
N. A. Med. and Chir. Review, March, 1859, p. 299; N. Y. Med. Times,
Apr. and May, 1855; Amer. Jour. Med. Sciences, July, 1861, p. 292, and
Aug., 1829, p. 307.
[670] Amer. Jour. Med. Sci., July, 1861, p. 292. Case of bullet in
heart wall for twenty years.
[671] Edin. Med. and Surg. Jour., Oct., 1844, p. 557.
[672] “Méd. Lég.,” t. 2, p. 253.
[673] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[674] “Manuel Méd. Lég.,” 5th Ed., 1892.
[675] Quoted by Taylor, “Med. Jurisprudence,” 11th Amer. Ed., 1892, p.
340.
[676] “Med. Jurisprudence,” 11th Amer. Ed., 1892, p. 351.
[677] Senn, “Experimental Surgery,” 1889.
[678] Senn, “Experimental Surgery,” 1889.
[679] “Med. Jurisprudence,” 11th Amer. Ed., 1892.
[680] Med. Times and Gazette, 1864, ii., 527.
[681] Med.-Chir. Rev., 1836, p. 296.
[682] “Med Jurisprudence,” 11th Amer. Ed., 1892, p. 347.
[683] Lancet, 1872, ii., p. 10.
[684] Lancet, 1870, ii., p. 471.
[685] See Taylor, “Med. Jurisprudence,” 11th Amer. Ed., 1892, p. 348.
[686] “Med. Jurisprud.,” 11th Amer. Ed., 1892.
[687] See Taylor, “Med. Jurisprud.,” 11th Amer. Ed., 1892, p. 351.
[688] Reported by Teale, Lon. Clin. Society, Feb. 26th, 1875.
[689] Reineke, Brit. and For. Med. and Surg. Rev., April, 1876.
[690] “Experiences sur les effets de chaleur, etc.,” Jour. de Physique,
lxiii., p. 77. Paris, 1805.
[691] Henke’s “Zeitschrift,” 1860.
[692] Brit. and For. Med.-Chir. Rev., 1855.
[693] Caspar’s “Vierteljahrschrift,” 1864.
[694] Flint, “Practice of Medicine,” p. 685; Aitken, “Practice of
Medicine,” vol. ii., p. 388.
[695] Flint, “Practice of Medicine,” p. 685; Aitken, “Practice of
Medicine,” vol. ii., p. 391.
[696] Levick, Amer. Jour. Med. Sciences, Oct., 1866.
[697] Katzenbach, New York Med. Jour., vol. xvii., p. 91.
[698] Wood, Phil. Med. Times, Aug. 5th, 1876.
[699] Hanfield Jones, Brit. Med. Jour., July, 1870, p. 35.
[700] Pouillet, Comptes Rendus, 1836, p. 782.
[701] Taylor, “Med. Jurisprudence,” 8th Amer. Ed., p. 444; also the
Med. Gazette, vol. xviii., p. 89.
[702] Chambert, Annales d’Hygiene. 1859.
[703] Buchner, Prager Vierteljahr., i., p. 129.
[704] Tidy, “Legal Medicine,” vol. ii., p. 124.
[705] Taylor, “Med. Jurisprudence,” 8th Amer. Ed., p. 407.
[706] Tidy, “Legal Medicine,” vol. ii., p. 99.
[707] Caspar, “Forensic Medicine,” vol. i., p. 314; Schjerning,
Vierteljahr. für gericht. Med., xli., 1884.
[708] The “Parkman Case,” Boston, 1850.
[709] Report of the “Druse Case,” Trans. New York State Med. Society,
1887, p. 417.
[710] See the Druse Case above.
[711] Annales d’Hygiene, 1835, ii., p. 387.
[712] Edinb. Med. and Surg. Journal, vol. xxxv., p. 320, April, 1831.
[713] Ann. d’Hygiene, 1846, i., p. 320.
[714] Friedrich’s Blatter f. gericht. Med., 1877, Heft iii., p. 210.
[715] “Path. Research, on Vital and Post-Mortem Burning,” 1850.
[716] “Forensic Medicine,” vol. iv., p. 299.
[717] “Forensic Medicine,” Ed. 1877, p. 886.
[718] “Med. Jurisprudence,” Amer. Ed., 1880. p. 408.
[719] Annales d’Hygiene, 1859, 2d ser., xi., 342, 379.
[720] Vierteljahr. f. gericht. Med., Bd. xxxvi., Heft i., 1880.
[721] Eulenb., Vierteljahr. f. gericht. Med., xli., 1885, xlii., 1887.
[722] Tidy, “Legal Med.,” vol. i., p. 108; also Buzzard, London Lancet,
vol. i., p. 60, 1863.
[723] Eulenberg’s Vierteljahr. f. gericht. Med., xli., p. 44 _et seq._
[724] “Die Verbrennungen und Verbrühungen.”
[725] Wien. med. Presse, 1868, pp. 309, 605.
[726] Berliner klinische Wochenschrift, 1876, No. 17; 1877, No. 46.
[727] Eulenberg’s Vierteljahr. f. gericht. Med., xlii., p. 47.
[728] See page 643 of this section
[729] Asclepiad, 1890, vii., pp. 102-117.
[730] Compt. Rendu Soc. Biol., 1890, ii., pp. 383-387.
[731] Archiv. Biol. de Gand., 1887, vii., pp. 217-227.
[732] “On the Value of Certain Signs,” etc., Edinburgh, 1873.
[733] “Lehrbuch gericht. Med.,” 1891, p. 502.
[734] Bull. Acad. Méd., 1876, v., p. 763.
[735] Archiv. gén. de Méd., 1856, p. 302.
[736] “Lehrb. d. ger. Med.,” 1891. p. 500.
[737] “Leçons sur les anæsthésiques,” Paris, 1875, p. 471.
[738] Viert. f. ger. Med., etc., 1871, xv., pp. 58-96.
[739] Translation in Ann. d’Hyg., 1832, viii., p. 432.
[740] Med. Record, N. Y., 1882, xxii., p. 427.
[741] See Maier (Friedreich’s Blat., 1882, p. 460); Moreaud (Virchow’s
Archiv, 1880, i., p. 648); Petrina (Prag. med. Woch., 1880, No. 39);
Wagner (Jahr. f. Psych., 1889, viii.). [Hofmann, “Lehrbuch,” pp.
570-572]. See Cases 17, 19, 31.
[742] Bull. Ac. Méd., 1876, v., p. 761.
[743] Ass. Franç. Av. Sci. (1883), 1884, xii., pp. 1042-1045.
[744] Rev. d’Hyg. thér., 1890, ii., pp. 67-72 and 131-137.
[745] Alger. Méd., 1887, xv., pp. 78-90.
[746] Viert. ger. and öff. Med., 1870, xii., pp. 340-369.
[747] Ann. d’Hyg., 1867, xxviii., pp. 388-402.
[748] Viert. f. ger. Med., etc., 1870, xiii., pp. 247-260.
[749] _Loc. cit._
[750] “Med. Jur.,” Amer. ed., 1892, p. 411.
[751] Tidy, “Med. Jur.,” Amer. ed., 1884, iii., p. 263.
[752] Ann. d’Hyg., 1867, xxviii., p. 393.
[753] “Lehrb. d. ger. Med.,” 1891, p. 504.
[754] “Pendaison,” etc., 1870, p. 169.
[755] _Op. cit._, p. 393.
[756] _Op. cit._, p. 504.
[757] _Op. cit._, p. 394.
[758] “Handb. ger. Med.,” i., 1881, p. 569.
[759] Compt. rend. Soc. Biol. (1879), 1880, i., p. 310.
[760] Compt. rend. Soc. Biol. (1881), 1882, iii., pp. 159-161 and
165-168.
[761] Tidy, _op. cit._
[762] “Med. Jur.,” Am. ed., 1892, p. 413.
[763] Lyon thesis, 1883, No. 188, p. 85.
[764] Tidy, _op. cit._
[765] Gaz. Méd. de Par., 1875, xlvi., pp. 90-92.
[766] “Handb. ger. Med.,” i., p. 571.
[767] Tidy, _op. cit._
[768] Tardieu, “Pendaison,” etc., p. 174.
[769] Virchow’s Archiv, 1880, lxxix., p. 409, and 1878, lxxiv., p. 401.
[770] Tidy, “Leg. Med.,” Am. ed., iii., p. 265.
[771] “Ger. Med.,” i., p. 623 and 632.
[772] Edinb. Med. Jour., 1856, ii., p. 824.
[773] “Med. Jur.,” Am. ed., 1892, p. 414.
[774] “Ger. Med.,” i., p. 632.
[775] Paris thesis, 1874, No. 291.
[776] Paris thesis, 1859, No. 9.
[777] Page, “On the Value of Certain Signs,” etc., Edinburgh, 1873.
[778] “Ger. Med.,” i., 573.
[779] Tardieu, “Pendaison,” etc., p. 178.
[780] _Op. cit._, p. 29.
[781] Vier. f. ger. Med., etc., 1867, vii., pp. 140-174.
[782] “Ger. Med.,” i., p. 576.
[783] _Ib._, p. 572.
[784] “Ger. Med.,” i., p. 575.
[785] “On the Value of Certain Signs,” etc., Edinburgh, 1873, p. 24.
[786] “Vier. f. ger. Med., etc., 1886, xlv., p. 295.
[787] “Leg. Med.,” Am. ed., iii., p. 267.
[788] “Med. Jur.,” Am. ed., 1892, p. 415.
[789] Ann. d’Hyg., 1867, xxviii., pp. 388-402.
[790] “Med. Jur.,” Am. ed., 1892, p. 416.
[791] _Ib._, p. 415.
[792] “Pend.,” p. 186.
[793] “Med. Jur.,” Am. ed., 1892, p. 415.
[794] _Op. cit._, p. 415.
[795] “Med. Jur.,” Am. ed., 1892. p. 419.
[796] “Pend.,” p. 208.
[797] _Ib._, p. 242.
[798] Med. Times and Gaz., 1871, i., p. 671, and 1876, i., p. 93.
[799] Med. Record, N. Y., 1882, xxii., p. 428.
[800] Ohio Med. Record, 1878, ii., pp. 350-352.
[801] Arch. Laryngol., N. Y., 1880, i., p. 144.
[802] Indian Med. Gaz., 1888, xxiii., p. 299.
[803] Archiv. anthrop. crim., Paris, 1886, i., p. 229.
[804] “Lehrbuch f. ger. Med.,” 5th ed., 1890-91.
[805] “Med. Jur.,” Am. Ed., 1892, p. 394.
[806] Aertz. Intel. Bl., 1876, xxiii., p. 324.
[807] Practitioner, 1870, iv., p. 193.
[808] Mitt. d. Wien med. Doct. Colleg., 1878, iv., pp. 97-112.
[809] Centralb. f. med. Wiss., 1875, xiii., p. 403.
[810] Arch. gen. de Med., 1856, vii., p. 310.
[811] Archiv. anthrop. crim., Paris, 1886, i., p. 229.
[812] Bull. Acad. Roy. Med., 1893, vii., pp. 331-342.
[813] Lyon thesis, 1883, No. 188.
[814] Paris thesis, 1879, No. 172. p. 39.
[815] “Forensic Med.,” Appendix, p. 561.
[816] “Med. Jur.,” Am. Ed., 1892, p. 394.
[817] Tidy, _op. cit._, p. 240.
[818] Tardieu, “Pendaison,” 1870, p. 16.
[819] Lyon thesis, 1891, No. 647.
[820] Münch. med. Woch., 1893, xl., pp. 87-91, 127-129, 194.
[821] Tracy, Pop. Sci. Mo., 1878, xiii., pp. 349-354.
[822] Lancet, 1847, i., p. 403.
[823] “Med. Jur.,” Am. Ed., 1892, p. 396.
[824] See articles of Huppert, Vier. ger. Med., etc., xxiv., pp.
237-252, and Müller-Beninga, Berlin. klin. Woch., 1877, xiv., p. 481.
[825] Jour. Amer. Med. Assn., 1885, i., p. 658.
[826] “Pend.,” etc., p. 22.
[827] Dorpat Diss., 1891.
[828] Arch. gén. de Méd., 1856, vii., p. 315.
[829] _Op. cit._, p. 308.
[830] Lancet, 1871, ii., p. 98.
[831] Glasgow Med. Jour., 1880, xiv., p. 387.
[832] Philadelphia Medical Times, 1875.
[833] Lancet, 1869, i., p. 636.
[834] Indian Med. Gaz., 1876, xi., p. 29.
[835] _Op. cit._, p. 245.
[836] “Med. Jur.,” Am. ed., 1892, p. 398.
[837] _Op. cit._, p. 523.
[838] _Op. cit._, Levy’s translation, 1881, p. 363.
[839] Deutsch. Archiv f. Staats, 1870, xxviii., p. 313.
[840] _Op. cit._, p. 281.
[841] Indian Med. Gaz., 1876, xi., p. 29.
[842] _Op. cit._, p. 287.
[843] “Med. Jur.,” p. 527.
[844] “Med. Jur.,” Am. ed., 1892, p. 399.
[845] Vier. f. ger. Med., 1870, xii., pp. 340-369.
[846] _Ib._, 1870, xiii., pp. 247-260.
[847] _Op. cit._, p. 281.
[848] Pellier, _op. cit._, p. 83.
[849] Ind. Med. Gaz., 1876, xi., p. 30.
[850] “Handbuch,” p. 571.
[851] Wien. med. Presse, 1881-1882, xxii., p. 1533.
[852] Vier. f. ger. Med., 1881, xxxv., p. 201.
[853] Lehrbuch, p. 532.
[854] _Op. cit._, p. 245.
[855] See Brit. and For. Med. Rev., ii., p. 214.
[856] _Op. cit._, p. 98.
[857] Paris thesis, 1859, No. 9.
[858] Paris thesis, 1874, No. 291.
[859] _Op. cit._, p. 245.
[860] _Op. cit._, p. 533.
[861] Med. Times and Gaz., 1871, i., p. 671.
[862] Lyon Méd., 1883, xliv., p. 11.
[863] Lehrbuch, p. 535.
[864] Vier. f. ger. Med. and öff. San., 1881, xxxv., pp. 201-248.
[865] Virchow’s Archiv, 1870, xlix., p. 290.
[866] Rev. Méd. de l’Est, 1890, xxii., pp. 545-554.
[867] Ann. d’Hyg., 1885, xiii., pp. 209-228.
[868] _Op. cit._, p. 105.
[869] Lehrbuch, p. 537.
[870] _Op. cit._, p. 607.
[871] _Op. cit._, p. 597.
[872] _Op. cit._, pp. 44, 54.
[873] Bull. Soc. Méd. Lég., Paris, 1875-76, iv., p. 373.
[874] Indian Med. Gaz., 1881, xvi., p. 275.
[875] Ann. d’Hyg., 1886, xvi., pp. 108-125.
[876] “Med. Jur.,” Am. ed., 1892, p. 408.
[877] Freidreich’s Bl. f. ger. Med., 1890, xxi., pp. 149-171.
[878] Vier. f. ger. Med., etc., 1880, xxxii., p. 232, foot-note.
[879] “Med. Jur.,” Am. ed., 1880, p. 448.
[880] Indian Med. Gaz., 1876, xi., p. 3.
[881] _Op. cit._, p. 132.
[882] _Op. cit._, p. 66.
[883] Amer. Jour. Obstet., 1886, xix., pp. 349-352.
[884] Tardieu., _op. cit._, p. 291.
[885] “Med. Jur.,” Am. ed., 1892, p. 428.
[886] Trans. Mass. Leg. Soc., 1878, i., pp. 14-24.
[887] See Ogston, p. 550.
[888] Med. Times and Gaz., 1878, i., p. 603.
[889] Johnson, Lancet, 1878, ii., p. 501.
[890] Med. chir. Trans., 1862, xlv., p. 449.
[891] Archiv. gén. de Méd., 1856, vii., p. 300.
[892] _Op. cit._, p. 539.
[893] “Amer. Pract.,” 1872, vi., pp. 193-206.
[894] Brit. Med. Jour., 1879, i., p. 970.
[895] “Nature,” 1879, xx., p. 108.
[896] Gaz. hebd. Méd., Paris, 1872, ix., p. 806.
[897] Bull. Acad. Méd., Paris, 1876, v., p. 764.
[898] Jour. Amer. Med. Ass., 1891, xvi., p. 805.
[899] Trans. Amer. Pæd. Soc., 1891, iii., pp. 128-132.
[900] Brit. Med. Jour., 1880, ii., pp. 122-124 and 163-165.
[901] Med. Rec., N. Y., 1893, xliii., p. 289.
[902] Amer. Jour. Med. Sci., 1891, ci., pp. 109-116.
[903] Coll. and Clin. Record, 1892, xiii., pp. 170-172.
[904] Glasgow Med. Jour., 1885, xxiv., pp. 344-354.
[905] Med. Press and Circ., 1889, xlviii., p. 433.
[906] Asclepiad, 1885, ii., pp. 171-187.
[907] Lancet, 1885, i., pp. 245-247, 289-292.
[908] Asclepiad, 1890, vii., p. 201.
[909] Bull. Acad. Méd., Paris, 1876, v., pp. 611, 754, 904; and 1881,
x., pp. 847-852.
[910] _Op. cit._, p. 279.
[911] _Op. cit._, p. 288.
[912] Indian Med. Gaz., 1890, xxv., p. 257.
[913] Brit. Med. Jour., 1877, i., p. 444.
[914] _Ib._, 1891, p. 399.
[915] Lancet, 1889, ii., p. 255.
[916] Paris thesis, 1877, No. 327.
[917] Hofmann, “Lehrbuch,” p. 514.
[918] “Méd. Lég.,” 1874, p. 406.
[919] _Op. cit._, p. 554.
[920] _Op. cit._, p. 275.
[921] _Op. cit._, p. 288.
[922] _Op. cit._, p. 23.3
[923] Tardieu, _op. cit._, pp. 296, 298.
[924] Physician, etc., New York, 1880, xiii., p. 181.
[925] Trans. Mass. Med. Leg. Soc., 1878, i., pp. 14-24.
[926] _Op. cit._, p. 291.
[927] Second Kings, viii., 15.
[928] Taylor, _op. cit._, p. 482.
[929] _Op. cit._, p. 434.
[930] Taylor, “Med. Jur.,” Am. ed., 1880, p. 485.
[931] _Op. cit._, p. 31.
[932] Jour. de Méd. de Toulouse, 1851, iii., p. 237.
[933] _Op. cit._, p. 295.
[934] Ann. d’Hyg., 1843, xxx., p. 225.
[935] See writer’s “Bathing and Boating Accidents,” Jour. American
Medical Association, April 19th, 1890.
[936] See writer’s article, “Memory, Diseases of,” in “Reference
Handbook of the Medical Sciences.”
[937] Medical Record, August 22d, 1891.
[938] “Medico-Legal Experience in Calcutta,” Edinburgh, 1891.
[939] Indian Medical Gazette, December, 1888.
[940] Jour. of Orificial Surgery, April 1st, 1893, p. 709.
[941] Trans. of the Massachusetts Medico-Legal Society, vol. i., No. 8,
1885.
[942] Lesser, Dr. Adolph: “Ueber die wichtigsten Sectionsbefunde bei
dem Tode durch Ertrinken in dünnflüssigen Medien,” Berlin, 1884.
[943] Gilberti, Dr. A.: “I Segni dell’ Annegamento nel Cadavere in
Putrefazione,” 1889.
[944] Barlerin, Paul, le Dr.: “Etude Médico-légale sur la Submersion,”
Tarare, 1891.
[945] Fagerlund, L. W.: Ueber das Eindringen von Ertränkungsflüssigkeit
in die Gedärme.” Vierteljahrschrift für gerichtl. Med. und off.
Sanitätswesen,” Berlin, 1890.
[946] Circular No. 3, War Department, Surgeon-General’s Office,
Washington, 1871, pp. 129-131.
[947] The subject has been well studied by Dr. A. Carré, Archiv. de
l’Anthropologie Criminelle et des Sciences Pénales, 15 Janv., 1892.
[948] Flint’s “Text-Book of Physiology,” Ed. 1877, p. 517; I. Forster,
“Zeitschrift für Biologie,” tome ix., 1872.
[949] Foster, “Handbook of Physiology,” Ed. 1880, p. 457; Kirke’s
“Handbook of Physiology,” 11th Ed., vol. i., p. 311.
[950] F. Spaeth, “Archiv für Hygiene,” 1886, pp. 68-81.
[951] Rochard, “Encyclopæd. d’Hygiene,” vol. ii., p. 796.
[952] For elaborate statements consult Edward Smith, “Foods,” Int. Sci.
Ser., N. Y. Ed., 1878; Pavy, “On Food,” 2d Ed., 1881, N. Y., p. 467;
Buck, “Hygiene,” Ed. 1879, vol. i., p. 190; Parkes, “Hygiene,” Ed.
1873, p. 179; Levy, “Traïté de Hygiene,” vol. i., p. 739.
[953] Corrigan, “On Famine and Fever,” etc., Dublin, 1849.
[954] Donnivan, “On Famine,” Dublin Med. Press, 1848, p. 67.
[955] Folet, Ann. de Hygiene et de Méd. Legal, 2d ser., vol. xlviii.
[956] Sloan, London Med. Gazette, vol. xvii., p. 265; Martin, Med.
Times and Gazette, 1861, vol. i., p. 344.
[957] Chossat, “Récherches experimentales sur inanition,” Paris, 1843,
p. 45.
[958] “Récherches experimentales sur inanition,” 1845.
[959] Bouchardat, “De l’Alimentation insuffissant,” Paris, 1852, p. 10.
[960] Greenfield, Brit. Med. Jour., Oct. 20th, 1877.
[961] Dr. McLoughlin, London Lancet, Nov. 2d, 1878.
[962] Reg. _v._ Jacobs and wife, Carmarthen Summer Assizes, 1890; also
London Lancet, 1890, vol. ii., p. 132.
[963] Caspar, “Forensic Medicine,” Syd. Soc. Pub., vol. ii., p. 29;
London Lancet, April 11th, 1877, pp. 580-620.
[964] Thornhill, Med. Gazette, Nov. 28th, 1835, p. 390.
[965] Caspar, “Forensic Medicine,” Syd. Soc. Pub., vol. ii., p. 36;
Martin, Med. Times and Gazette, March 30th, 1861 (Case 132).
[966] “The Penge Case;” Reg. _v._ Staunton, Central Crim. Court, 1877.
[967] The case of Reg. _v._ Jacobs and wife.
[968] Holland, “On Morbid Effects of Deficiency of Food,” London, 1839.
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