Chapter XL: Section 6: ,216, same as 303, N. Y. P. C (21)

The congestion, softening, and ulcerations which have been observed in some cases cannot be considered as evidences of starvation or as its results, but rather as being due to an enteritis induced by the ingestion of improper substances.

The =gall bladder= is usually found filled with dark and inspissated bile. In death by starvation the entire organs of the body exhibit no specific form of disease. Evidences of the existence of an organic affection observed in the post-mortem examination at once raise the question:

WAS DEATH CAUSED BY STARVATION OR DISEASE?

Was the original disease aggravated by a failure to supply the patient with food, or are the lesions observed the result of starvation? A positive conclusion can be reached in such cases by carefully considering the results of a post-mortem examination together with other facts elicited by the inquiry.

Harriet Staunton,[966] a young girl, had been kept in close confinement by four interested persons, and removed in great haste, when in a condition of extreme prostration, to Penge, where she died, on the day succeeding her removal, in a state of extreme exhaustion and emaciation. Fat was absent from every part of the body; the stomach and intestines were empty, contracted, and their walls were greatly thinned.

A small deposit of tubercle was found at the summit of the left lung and a recent deposit of miliary tubercle beneath the arachnoid, upon the surface of one of the cerebral hemispheres. No other tuberculous deposits were found. The opinion given by the physicians making the post-mortem examination was that death resulted from starvation. This opinion was shared by Professor Virchow, of Berlin, who stated that the tuberculous deposits found could not explain the cause of death.

In this case the extreme emaciation, entire absence of fat, thinning of the intestinal walls, etc., were the determining conditions. While extreme emaciation alone is not sufficient to decide the case to be one of starvation, its existence, taken in connection with some of the conditions found constantly in persons known to have died of starvation, is a strongly corroborative fact. Nor can its absence be taken as conclusive evidence that death occurred from other cause than starvation, since in some cases of death from inanition emaciation has not been extreme and in a few cases not at all marked.[967] Instances of this character are reported by Taylor and others.

DISEASES PRODUCED BY STARVATION.

The effect of insufficient alimentation in the production of disease has long been recognized. It is understood that this result follows the deficiency in either quality or quantity. The so-called “famine fever,” prevalent in times of dearth, has afforded extensive opportunity for observation of the effects produced. The symptoms developed are those directly referable to impoverishment of the blood. Pallor, emaciation, nervous depression, derangement of the digestive organs, and muscular enfeeblement appear in every case.

The development of strumous, herpetic, and cutaneous diseases generally is marked.

Of the secondary effects, the cachectic condition induced expresses itself in pulmonary phthisis largely, while in infants and very young children intestinal disorders are specially frequent. Organic diseases already existing are seriously aggravated; wounds fail to heal, become ulcerative and sometimes gangrenous; while all degenerative processes are rapidly hastened to a fatal issue.[968]

INDEX.

ABDOMEN, contusions of, 580
post-mortem examination of, 370
wounds of, 580

ABDOMINAL VISCERA, rupture of, 582
wounds of, 582

ABSCESS of brain, 563

ACTIONS TO RECOVER FOR SERVICES (see Privileged Communications), 26
amount of recovery in, 45
elements to be proved in, 47
evidence in, 22-48

ACTIONS FOR MALPRACTICE, 73-87

ADIPOCERE, 451

AGE, determination of, 399

ALCOHOLISM, 564

ANTHROPOMETRY, 432

APNŒA, 709, 796

ARTERIES, wounds of, 578

ASPHYXIA, 708
by submersion, 796, 797
external appearances due to, 715
internal appearances due to, 718

AUTOPSIES, 301, 349
in cases of poisoning, 356, 371
late, 378
of fragments, 380
order of, 356

BILLS FOR SERVICES, effect of, 43

BLADDER, rupture of, 585
wounds of, 585

BLANK CHARGES, wounds by, 617

BLOOD, coagulation of, 488, 701
condition of, after burns, 653
extravasation of, in brain, 565
on weapons, 535
stains, 350

BODY (see Dead Body), examination of, 537
temperature of, 629

BONES, identification of, 390
old or recent? 391

BOOKS, medical, when and where used in court, 64
of original entry, when admissible as evidence, 48
of physician, see Privileged Communications

BRAIN, abscess of, 563
concussion of, 561
congestion of, in drowning, 796
extravasation of blood in, 565
post-mortem examination of, 362
wounds of, 569

BULLETS, 595
loss of weight of, 601
track of, 595

BURKING, 775

BURNS, 360, 639
by acids, 641
burning oil, 640
corrosives, 641
electrical currents, 664, 676
flame, 640
fused metals, 640
lightning, 694
petroleum, 641
cases of, 657
causes of death by, 645
classification of, 642
constitutional effects of, 644
local effects of, 643
period of death from, 649
post-mortem appearances of, 647
whether ante- or post-mortem, 649

CADAVERIC CHANGES (see Post-mortem), 441

CADAVERIC SAPONIFICATION, 451

CASES of burns, 657
of hanging, 760
of strangulation, 726
of suffocation, 787

CATALEPSY, 822

CAUSE OF DEATH, see Coroners
from burns, 645
severe mechanical injury, 499
submersion, 797
wounds, 496, 497

CAUSE OF DEATH,
hemorrhage as, 497
latent disease as, 503
shock as, 499
was it natural? 503
wounds as secondary, 509

CLOTHING, examination of, 352, 537

COLD, effects of extreme, 630

COMBUSTION, spontaneous, 647

COMMUNICATIONS, privileged (see Privileged Communications), 33

COMPENSATION, see Physician and Patient; Expert Witness; Coroners;
Medical Examiners

CONCUSSION, 472
of brain, 561
spinal cord, 573

CONGENITAL PECULIARITIES, identity from, 403

CONSTITUTIONALITY of statutes regulating practice of medicine and
surgery, 7-11

CONTRACTS between physician and patient (see Physician and
Patient), 25

CONTRE-COUP, 559, 611

CONTUSIONS, 358, 467, 470, 523
by lightning, 695
of abdomen, 580
of head, 558
of neck, 570

CORONER (see Post-mortem Examinations), 331
is _virtute electionis_ in America, 332
duties of, are both judicial and ministerial, 332
judicial authority of, relates to inquiries into cases of
death, 332
jurisdiction of, 332
kinds of, at common law, 331
presumption that he has acted in good faith, 332
protected under same principles which protect judicial
officers, 333
Effect of evidence and verdict, 343
at common law was equivalent to indictment by grand jury, 343
not so now, yet inquisition has same power until grand jury passes
upon the case, 343
Evidence before, when admissible upon a subsequent trial, 344
Inquest, all evidence must be presented to jury, 342
coroner cannot hold a second inquest while the first is
undischarged, 334
coroner has power to hold, 332, 334
is a judicial investigation, 333
must be held in view of the body, 335
separate inquests must be held over each of several bodies, 333
Jury and inquest, coroner may compel attendance of witnesses, 341
Jury and inquest, jurors must be from jurisdiction wherein coroner
is empowered to act, 341
jurors must be sworn by coroner, 341
jurors must investigate and determine the facts, 341
jurors must view the body, 341
jurors not challengeable, 341
witnesses must be sworn by the coroner, 342
Massachusetts, see Medical Examiners
office abolished by statute in, 338
statutory provisions in, 338
who may hold an inquest, 338
New York, coroner may issue warrant of arrest of person charged with
the death, 341
must, after examination of charges, hold defendant to answer or
discharge him, 341
must proceed to examine charges against accused upon his
arrest, 341
inquisition and testimony must be filed, 340
jurors must inspect the body and hear the testimony, 340
jury must render verdict and certify it by an inquisition, 340
six or more jurors must be sworn, 340
statutory provisions, 339
testimony must be reduced to writing, 340
when inquest may be held, 339
Powers of,
cannot delegate authority or appoint deputy, 333
contract will bind county for payment of reasonable
compensation, 336
may employ professional skill to aid him, 335
may have body disinterred, 335
may issue process of apprehension, 343
Return of inquisition, 342
inquisition should be signed by the coroner and jury, 343
should certify that witnesses before the coroner were sworn, 343
verdict of the jury is final, 342
Rights of accused party before, 342
has not the right to be represented by counsel or to cross-examine
witnesses, 342
is not permitted to produce witnesses to show himself
innocent, 342
privilege of prisoner upon arrest, 344
testimony may be taken by the coroner in his absence, 342
under New York criminal code defendant is entitled to a hearing
before a magistrate, 344

CRANIOMETRY, 394

CREMATION, 389

CUSTOM of physicians to serve each other gratuitously, 52

DEAD BODY,
autopsies, 301, 349
changes in, 441
chemical examination of, 303
cooling of, 441
coroners’ duties concerning (see Legal Status of, Appendix), 301
crimes against (see Legal Status of, Appendix), 299
disposal of, 298
dissection, when permitted (see Legal Status of, Appendix), 302
district attorney’s powers concerning, 303
duty of burial, 298
examination of gunshot wounds, 610
exhumation of, 300
external examination of, 358
flaccidity of, 442
internal examination of, 360
legal status of, 297
Appendix, giving statutes concerning, 304
physical examination of (see Autopsies), 302
post-mortem examination of (see Autopsies; Post-mortem
Examiners), 303
putrefaction of, 445
right of burial or removal, 301
saponification of, 451
seizure for debt forbidden, 299
statutes regulating interment or exhumation, etc., generally, 304
Alabama, 309
Arizona, 309
Arkansas, 309
California, 310
Colorado, 311
Connecticut, 311
Delaware, 312
Florida, 312
Georgia, 312
Idaho, 313
Illinois, 313
Indiana, 313
Iowa, 314
Kansas, 314
Kentucky, 314
Louisiana, 315
Maine, 315
Maryland, 315
Massachusetts, 316
Michigan, 316
Minnesota, 317
Mississippi, 317
Missouri, 318
Montana, 318
Nebraska, 318
Nevada, 319
New Hampshire, 319
New Jersey, 320
New Mexico, 320
New York, 320
North Carolina, 321
North Dakota, 321
Ohio, 322
Oklahoma, 322
Oregon, 323
Pennsylvania, 323
Rhode Island, 324
South Carolina, 324
Tennessee, 324
Texas, 325
Vermont, 325
Virginia, 325
Washington, 326
West Virginia, 326
Wisconsin, 326
temperature of, 441, 453

DEATH, apparent, 439
from anæsthetics, 516
burns, causes of, 645
period of, 649
whether accidental, suicidal, or homicidal? 657
cold, 633
post-mortem appearances in, 634
electrical currents, 683
hanging, proof of, 757
latent disease, 503
natural causes, 503
slight injuries, 507
starvation, 813
strangulation, proof of, 721
submersion, 794, 798
suffocation, proof of, 784
surgical operations, 515, 624
wounds, causes of, 496, 497
signs of, 440
time of, 437

DEFORMITIES, identity from, 403

DELIRIUM TREMENS, 514, 624

DIAPHRAGM, rupture of, 579
wounds of, 579

DIPLOMA OR LICENSE, how proved in court, 20

DISLOCATIONS, 476

DROWNING (see Submersion), 793

ECCHYMOSES, 467
ante-mortem, 444
post-mortem, 443, 444, 485

ELECTRIC CARS, 668

ELECTRIC LIGHT, effects of, on eyes, 676

ELECTRICAL APPARATUS, injuries from, 664

ELECTRICAL CURRENTS, burns from, 664, 676
direct injuries from, 671
direct symptoms of injury from, 676
fatal, 682
high tension, 666
indirect injuries from, 670
injury from, 664
internal symptoms caused by, 678
mechanical effects of, 675
mental symptoms from, 689
muscular contraction from, 677

ELECTRICAL RESISTANCE, 673

ELECTRICITY, 661
medical, 664
static, 673

ELECTROCUTION, 683

EROSION, 471

ERYSIPELAS, 511

EXAMINATION of body, 537
of clothing, 537
of surroundings, 541

EXCORIATION, 471

EXPERIMENTS, testing powder-marks, 613
with cadavers, 607

EXPERT WITNESS (see Privileged Communications), 49-72
compensation of, 60
competency of, 61
conduct of, in court, 65
definition of, 53
examination of, scope of, 65, 68
impeachment of, 64
in civil and criminal cases, 61
medical books, how may be used in examining, 64
practical suggestions, 70
summons of court must be obeyed, 60
system in Germany and France compared with that in United States, 54

EXPOSURE, effects of, 630

EXTREMITIES, wounds of, 589

FACE, wounds of, 569

FALLS, 549

FARADISM, 672

FIREARMS, evidence from, 600
examination of, 612

FLASH, identity by, 619

FOOTPRINTS, 427

FRACTURES, 359, 474, 491, 553
by gunshot wounds, 610
of ribs, 574
skull, 559
spine, 571
spontaneous, 474

GALL-BLADDER, wounds and rupture of, 584

GARROTTING, 571, 707

GENITAL ORGANS, post-mortem examination of, 376
wounds of, 588

GUNSHOT WOUNDS, see Wounds, Gunshot

HÆMATOMATA, 468

HAIR, identity from, 406
on weapons, 535

HANDWRITING, 434

HANGING, 707, 735
accidental, cases of, 774
cases of, 760
homicidal, 759
cases of, 767
judicial, cases of, 770
post-mortem appearances, 746
proof of death by, 757
suicidal, 758
cases of, 760
symptoms in, 740
treatment in, 744

HEALTH, BOARDS OF, see Practice of Medicine and Surgery
physicians reporting contagious diseases to, not liable for mistaken
reports, 23
powers, how governed, 23, 24

HEAD, post-mortem examination of, 361
wounds of, 557

HEART, in strangulation, 719
post-mortem examination of, 366
rupture of, 578
wounds of, 575

HEAT, effects of extreme, 635

HEMORRHAGE, 483, 497, 716

HYPOSTASES, 443, 716
internal, 444

IDENTIFICATION, 383
by flash of gunpowder, 619
from congenital peculiarities, 403
deformities, 403, 430
entire skeleton, 392
imprints, 427
injuries, 403
scars, 419
stigmata, 426
tattooings, 421
teeth, 401
in death from submersion, 802
of burnt remains, 389
human bones, 390
mutilated remains, 408
recently dead, entire cadaver, 415
surface signs for, 419

IMPRINTS, 427, 542

INCISED WOUNDS, see Wounds

INFANTS, liability of, for medical services, 37

INFORMATION, duty of patient as to (see Physician and Patient), 33

INJURIES, coagulation of blood in, 488
fatal, acts performed after, 493
identification from, 403
medical inspection of, 101
of abdominal walls, 580
viscera, 580
spinal cord, 571
spine, 571
slight, death from, 507
whether ante- or post-mortem, 482

INQUEST, see Coroners

INSANE PERSONS, liability of, for medical services, 39

INSOLATION, 636

INSULATION of electrical conductors, 667

INTESTINES, post-mortem examination of, 371
wounds of, 586

KIDNEYS, post-mortem examination of, 370
rupture of, 584
wounds of, 584

LARYNX, in death from hanging, 754
strangulation, 718
post-mortem examination of, 369

LICENSE (see Practice of Medicine and Surgery), 7
(or diploma), how proved in court, 20
licensed physician presumed competent as an expert witness, 58
licensed practitioner, pretending to be, when not a misdemeanor, 22
statutes requiring, constitutional, 7
suits cannot be maintained by persons without, 18
unlicensed practitioner not presumed competent as expert witness, 62
when may be compelled by courts, 14
when presumed, 19

LIGHTNING, 690
burns from, 694
contusions by, 695
effects on internal organs, 702
loss of consciousness from, 696
memory from, 696
paralysis from, 697
pathology of, stroke of, 700
staining of skin by, 696
symptoms produced by, 693, 696
wounds by, 695

LIVER, post-mortem examination of, 375
rupture of, 582, 808
wounds of, 582

LUNGS, in death from strangulation, 719
submersion, 805
post-mortem examination of, 368
wounds of, 575

LYMPHORRHAGIA, 470

MALPRACTICE, 73-87
abortion is, 74
civil cases concerning, 80
contributory negligence in, 87
criminal cases concerning, 73
damages for, 83
definition of, 73
degree of care and skill in, 80
evidence in, 84
inspection before trial in, 85
partners liable for, 84

MANNLICHER RIFLE, effects of, 619

MARKS OF POWDER, 608

MARRIED WOMEN, liability of, for medical services, 37

MASTER, liability of, for services rendered servant, 39

MASSAGE, not practising medicine or surgery, 28

MEDICAL EXAMINERS, see Coroners
contract of coroner with, binds county to payment of reasonable
compensation, 336
coroners may employ, 335
In Massachusetts:
cannot hold autopsy unless authorized, 338
cannot hold an inquest, 338
in place of coroners, 338

MEDICAL SOCIETIES, by-laws of, 15
fee bill, 22

MEDICINE AND SURGERY, see Physician and Patient; and Practice of
Medicine and Surgery

MUSCULAR CONTRACTION, from electrical current, 677

MUTILATED REMAINS, identification of, 408

NAILS, identification from, 406

NECK, contusions of, 570
wounds of, 569

ŒSOPHAGUS, post-mortem examination of, 369

OVERLYING, 774

PANCREAS, post-mortem examination of, 375

PATIENT, rights of, concerning confidential communications, 96

PHYSICIAN, action for professional services, 133
his books containing confidential entries, 110
his rights and duties concerning confidential communications, 132
receiver not entitled to his books of account, 110
what is a professional capacity? 123

PHYSICIAN AND PATIENT,
contracts between, compensation for services, 37
conditional and unconditional, 34
consulting physicians, 44
duties of patient, 29, 30
physician, 28
employment, how terminated, 26, 28, 30
may be declined, 24
estates of deceased persons, when liable for, 43
express or implied, 26
express, 27
implied, elements of, 28
infants, liability of, 43
insane persons, when liable, 45
married women, generally not liable, 43
masters, liable for services rendered servants, 45
measure of recovery for, 45
patient presumed liable, 37
person calling in physician not presumed liable, 36, 41
physicians treating each other, when they may recover, 47
railway company, when liable for, in case of accident, 42
railway physicians, authority of, 42
relation of physician and patient, 119
compensation for services, right to sue for in United States, 26
how lost, 19
students’ services, 44
skill and care required of (see Malpractice), 28, 31, 32, 33
schools of medicine not recognized by courts, 15
standard of school professed must be attained, 31
stranger may not be called in without patient’s consent, 29

PITHING, 572

POISONING, 597

POSITION OF VICTIM, 541, 546

POST-MORTEM APPEARANCES, in death from burns, 647
cold, 634
hanging, 746
starvation, 822
strangulation, 713
submersion, 801, 804
sunstroke, 638

POST-MORTEM CHANGES, 441
ecchymoses, 443, 485
hypostasis, 443
lividity, 443
rigidity, 442, 453

POST-MORTEM EXAMINATIONS (see Autopsies, Coroners), 354
when and ow made by coroner, 337

POST-MORTEM WOUNDS, 355

POWDER-MARKS, 608, 612

PRACTICE OF MEDICINE AND SURGERY (see Physician and Patient), 7-25
acquirement of right, regulated by statutes, 7
constitutionality of, statutes regulating, 8
criminal cases, proof of, 19, 22
license for, may be compelled, 14
how proved, 20
medical societies and by-laws of, 14
fee bills, 15
massage not, 22
patent medicines, 14
statutory regulations concerning, in:
Alabama, 137
Arizona, 139
Arkansas, 140
California, 141
Colorado, 144
Connecticut, 145
Delaware, 148
Dist. of Columbia, 149
Florida, 150
Georgia, 151
Idaho, 152
Illinois, 153
Indiana, 155
Iowa, 157
Kansas, 160
Kentucky, 160
Louisiana, 162
Maine, 164
Maryland, 165
Massachusetts, 167
Michigan, 167
Minnesota, 168
Mississippi, 169
Missouri, 171
Montana, 173
Nebraska, 175
Nevada, 177
New Jersey, 178
New Hampshire, 181
New Mexico, 181
New York, 183
North Carolina, 189
North Dakota, 191
Ohio, 193
Oklahoma, 193
Oregon, 194
Pennsylvania, 197
Rhode Island, 203
South Carolina, 203
South Dakota, 204
Tennessee, 205
Texas, 207
Utah, 209
Vermont, 211
Virginia, 212
Washington, 215
West Virginia, 219
Wisconsin, 222
Wyoming, 223
Great Britain, 224
Scotland, 224
England, 224
Ireland, 224
Brit. Columbia, 238
Manitoba, 242
N. Brunswick, 248
Newfoundland, 255
N. W. Terr., 258
Nova Scotia, 262
Ontario, 268
Prince Edw. Is., 278
Quebec, 284

PRIVILEGED COMMUNICATIONS, 91
cause of death, 111
communications to physician not privileged at common law, 91
“confidential communications,” 115, 118
between physician and patient, when privileged, 94
dependent upon professional capacity, 98
effect of excluding privileged evidence, 130
evidence admitted not to be commented on, 111
in criminal actions, 101
in lunacy proceedings, 103
of abortion, 102
of adultery, 102
of crime in civil actions, 101
of criminal intimacy, 102
of habitual drunkenness, 103
of value of physician’s services, 133
to establish privilege, 106
function of the court, 128
ground of privilege, 91
harmless admission no ground for exception, 111
how evidence of physician taken in New York, 97
how privilege established, 131
in actions for divorce, 102
in criminal actions, 101
“information,” 97, 115
“matters confided,” 99
“matter committed,” 97, 118
“matter necessary to enable a physician to prescribe or a surgeon to
act,” 124
mental condition of patient, 103
necessity, 98
objections to evidence, 109
when made, 110
objection once made need not be repeated, 111
partner of physician, as privileged witness, 122
patient’s ignorance immaterial, 110
rights concerning confidential communications, 96
physician defined, 105
“duly authorized,” 105
as witness to establish privilege, 131
physician’s advice, 98
books, 110
cannot refuse to disclose when patient waives privilege, 99
knowledge, 98
presumption from failure to give privileged evidence, 130
privilege is patient’s, not physician’s, 107
“professional capacity,” 123
purpose of statutes prohibiting disclosures, 96
relation of physician and patient, 119, 122
result of legislation, 134
rights and duties of physician, 132
statutory privileges concerning confidential communications, 93
statutory privileges for waiver of privilege, 96
surgeon defined, 105
testamentary causes, 103
waiver after death of patient, in New York, 98
waiver of privilege after patient’s death, 108
by application for insurance, 111
by proof of death to insurance company, 111
by contract, 112
by infant, 108
by patient’s attorney, 107
by representative of deceased patient, 103
by requesting physician to witness will, 113
certificate of death, 115
effect of, 107, 110
infant’s, 113
taking physician’s deposition, 112
testimony of patient, 111
what constitutes, 111
what evidence is excluded, 97
what is privileged, 115
when patient may be contradicted by physician, 112
who may waive, 106
whose testimony is privileged, 105
witness, 97

PROJECTILE, course of, 615
evidence from, 600

PUNCTURED WOUNDS, see Wounds

PUTREFACTION, 445, 453
circumstances favoring, 447
retarding, 448
of immersed bodies, 450, 810

PYÆMIA, 511

RACE, determination of, from hair, 393
skeleton, 393

RAILWAY COMPANIES, when liable for medical services, 41

RAILWAY PHYSICIANS, authority as to employing nurses, 42

REPORTS, medico-legal, 381

RESISTANCE, electrical, 673

RESPIRATION, suspended, 439

RIBS, fracture of, 574

RIFLE, Mannlicher, 619

RIGOR MORTIS, 442, 453, 701

RUPTURE of abdominal organs, 582
bladder, 585
gall-bladder, 584
of heart, 578
internal organs, 553
kidneys, 584
liver, 582, 808
spleen, 584
stomach, 586

SAPONIFICATION, 451

SCALDS, 639

SCARS, in relation to identity, 419

SCHOOLS OF MEDICINE not recognized by courts, 15

SEPTICÆMIA, 510

SEX, determination of, 400

SHARKS, bites of, 808

SHOCK, 499

SHOT-GUNS, wounds by, 607

SIGNS OF DEATH, 440

SKIN, marks on, 419

SKULL, fracture of, 559
measurements of, 394

SMALL SHOT, wounds by, 617

SMOTHERING, 774

SPINAL CORD, concussion of, 573
post-mortem examination of, 377
wounds of, 571

SPINE, dislocation of, 572
fracture of, 571
wounds of, 571

SPLEEN, post-mortem examination of, 371
rupture of, 584
wounds of, 584

SPONTANEOUS COMBUSTION, 647

STABS, 463

STAINS, could assailant have escaped without? 538

STARVATION, acute, 817
chronic, 818
death from, 813
diseases produced by, 824
or disease, which was cause of death? 823
period of death from, 820
post-mortem appearances in, 822
whether accompanied by other ill-treatment, 822

STATURE, determination of, 398

STERNUM, fracture of, 574

STIGMATA, 426

STOMACH, post-mortem examination of, 373
rupture of, 586
wounds of, 586

STRANGULATION, 707, 708
accidental, 724
cases of, 734
cases of, 726
external appearances due to, 713
homicidal, 725
cases of, 726
internal appearances due to, 727
post-mortem appearances, 713
proof of death by, 721
simulated, 725
stages of, 710
suicidal, 724
cases of, 732
symptoms of, 708
treatment of, 712

STRUGGLE, signs of, 536

SUBMERSION, 793
asphyxia by, 796
cadaveric signs in death by, 804
circumstances modifying time of, 810
definition of, 796
mode of death by, 797
post-mortem appearances, 801
stages and symptoms of death by, 798
treatment of apparently drowned, 802
whether accidental, suicidal, or homicidal, 807

SUFFOCATION, 707, 774
accidental, 785
cases of, 787
by submersion, 796
cases of, 787
external causes of, 774
homicidal, 785
cases of, 790
internal causes of, 775
mechanical, 705
post-mortem appearances, 781
proof of death by, 784
suicidal, 785
cases of, 790
symptoms of, 777
treatment, 779

SUNSTROKE, 636

SURGEON, definition of term, 56
duties of, see Physician and Patient

SURGICAL OPERATIONS, death from, 515

SURVIVAL, 556

SYNCOPE, 796, 799

TATTOOING, 421

TEETH, determination of identity from, 401

TEMPERATURE of body, 629
of dead body, 441, 453

TETANUS, 513

THORAX, post-mortem examination of, 365
wounds of, 573

TIME OF DEATH, 437
how determined, 452

VEINS, air in, 579
wounds of, 578

WEAPONS, 353, 524
evidence from, 600
as to origin of wounds, 533, 549
examination of, 612
presence of blood and hair on, 535
was it fired from a distance or near? 612

WITNESS, see Expert Witness; Privileged Communications
physician as expert and ordinary witness, 50
when must testify as, 60

WOUNDS, 358, 457
as directly cause of death, 497
as secondary cause of death, 509
by what instrument made? 517, 524
cause of death from, 496, 497
coagulation of blood in, 488
consequences of non-fatal, 556
contused, 467, 470, 523
death from, after long periods, 508
definitions of, 459
description of, 482
direction of, 529
eversion of lips of, 489
evidence from weapon, 533, 549, 600
examination of, 476
from crushing, 553
falling, 549
lightning, 695
gunshot, 593
by blank charges, 617
by shot-guns, 607
gunshot, by small shot, 617
complications of, 624
course of projectile, 615
death from surgical operations in, 624
description of, 594
dimensions of perforations, 609
direction of, 599
examination of, 594
of body in, 610
of entrance, 614
of exit, 614
situation of, 598
treatment of, 620
imputed, 544
incised, 460, 517, 557
diagnosis of, 462
kinds of, 459
lacerated, 471, 523
mortal, 460
nature of, 548
number and extent of, 531
of abdominal viscera, 580
walls, 580
arteries and veins, 578
bladder, 585
brain, 569
diaphragm, 579
extremities, 589
face, 569
gall-bladder, 584
genital organs, 588
head, 557, 558
heart, 575
intestines, 586
kidneys, 584
liver, 582
lungs, 575
neck, 569
spinal cord, 571
spine, 571
spleen, 584
stomach, 586
thoracic viscera, 573
thorax, 573
throat, incised, 526
origin of, evidence from weapons, 533, 549
punctured, 463, 518, 557
regionally considered, 557
retraction of sides of, 490
severe, 460
situation and position of, 527, 548
slight, 460
whether accidental, 547
ante-mortem or post-mortem, 482
necessarily the cause of death, 500
self-inflicted or by another, 525, 544, 548
which of several was first inflicted? 544
two was cause of death? 500

FOOTNOTES:

[1] The distinction made in the text and in the title of this work is not new. It was recognized by the father of medico-legal science, Zacchias, in his two prefaces, one to the “lector medicus,” the other to the “lector legumperitus” (“Quæst. Med. Leg.,” Ed. Venet., 1727, fol.). In a note to the introduction of the “Medical Jurisprudence” of Dr. Paris and Mr. Fonblanque (the first work produced by joint authorship of a physician and a lawyer, in 1823) is the following (p. i.): “Some authors have objected to the term _Medical Jurisprudence_ as implying a knowledge of the laws relating to medical topics, rather than an acquaintance with the medical science necessary for the elucidation of legal subjects. As it is our peculiar object to unite the sciences and to show their mutual relevance, the title becomes most applicable to this, although it may have been improperly affixed to former works.” The title of one of two existing French works in whose authorship a lawyer is associated is: “Traité de Médecine légale, de Jurisprudence médicale et de Toxicologie,” par Le Grand du Saulle, Geo. Berryer et Gab. Pouchet, 2d ed., 8vo, Paris, 1886.

[2] “Bibl. Hist.,” I., ii., 77; Miot’s transl., Paris, 1834, i., 157.

[3] _L. c._, I., ii., 82; transl., i., 165.

[4] _L. c._, I., ii., 75, 76; transl., i., 152.

[5] The “Papyros Ebers,” in the University of Leipzig, the most ancient medical text known, was written about 1550 B.C., and is probably one of the books referred to by Diodorus. It contains no statement bearing upon our subject. It is, however, simply a collection of descriptions of remedies, and their uses, including the incantations to be used with them. (See “Papyros Ebers,” H. Joachim, Berlin. 1890.) The same is true of the Berlin and Leyden papyri. The Bibl. Nat. (Tf. 2) possesses a Chinese manuscript on legal medicine. The catalogue does not, however, state to what period it belongs.

[6] For an account of early Indian medicine, see Th. A. Wise, “Review of the Hist. of Med.,” Lond., 1867, i., 272 _et passim_; “Hindu System of Medicine,” 1845, by the same author; Haeser, “Lehrb. d. Gesch. d. Med.,” 3. ed., i., 5-40.

[7] Hippocr.: “De Superfœtatione,” ed. Littré, viii., 472.

[8] Hippocr.: “De Septimestri partu;” _ibid._, “De Octimestri partu,” ed. Littré, viii., 432, 436, 452.

[9] “Aphorismi,” vi., 18, 24; “De Morbis,” ed. Littré, vi., 144.

[10] Petit, S.: “Leges Atticæ,” Lugd. Bat., 1742, lib. iii., tit. 8.

[11] “Od.,” iv., 229; xvii., 384.

[12] For an excellent account of Attic criminal procedure, see Kennedy, C. R.: “Demosthenes’ Orations,” ed. Bohn, iii., 326-372.

[13] “Var. Hist.,” iii., 38.

[14] Kennedy’s transl., ed. Bohn, v., 95.

[15] What the contents of these depositions were and by whom made is unknown, as the papers referred to by the orator are not given. In the Attic courts the testimony was taken at a preliminary trial, and referred to at the trial by the orator.

[16] “Oratores Attici,” C. Müller, Paris, 1877, i., 20.

[17] “Oratores Attici,” C. Müller, ed. Didot, Paris, 1877, i., 200-203.

[18] In a doubtful fragment of Lysias the expression “as physicians andmidwives declare” (_ὡσπερ οὶ ἰατροὶ καὶ αὶ μαῑαι ἁπερηναντο_) is used in connection with the question whether a fœtus has life and may be murdered. _Cf._ “Orat. Attici,” Müller and Hunziker, Paris, Didot, 1858, ii., 257.

[19] “Jul. Cæs.,” 82.

[20] “Hist. Nat.,” xi., 71.

[21] “Hist. Nat.,” vii., 4.

[22] A. Gellius: “Noct. Att.,” 1. 3, c. 16: “requisitis veterum philosophorum et medicorum sententiis.” The word “_veterum_” seems to indicate that the emperor consulted books, not living physicians.

[23] “Medici non sunt proprie testes, sed majis est judicium quam testimonium.”

[24] For accounts of the medico-legal provisions of the Justinian enactments, see: G. A. v. d. Pfordten, “Beiträge z. Gesch. d. ger. Med. aus d. Justin. Rechtssam.,” Würzburg, 1838: M. F. Eller, Bull. Med. Leg. Soc. N. Y., 1879, i., 226-237; and Friedreich, Blt. f. ger. Anthr., Nürnberg, 1850, I., iii., 1-64; 1862, xiii., 188-215.

[25] See Mende: “Handb. d. ger. Med.,” Leipzig. 1819, i., 83-87.

[26] “Etablissements et Coûtumes, Assises et Arrêts de l’Echiquier de Normandie au xiii. Siècle,” A. J. Marnier, Par., 1839: “veue d’homme en langueur, veue de méfaits, veue d’homme occis et veue de femme despucelée.”

[27] “Ut peritorum judicio medicorum talis percussio asseveretur non fuisse letalis,” Mende, “Handb. d. ger. Med.,” i., 91.

[28] Hensschel, in “Janus,” Breslau, 1847, ii., 135.

[29] Assises de Jérusalem,” Beugnot, Paris, 1841-43, quoted by Ortolan, _l.c._, _infra_.

[30] Ortolan: “Débuts d. l. Méd. lég.,” Ann. d’Hyg., Par., 1872, 2 s., xxxviii., 361.

[31] “Registre Criminel du Châtelet de Paris,” Par., 1861, i., 255.

[32] _Ibid._, i., 313.

[33] _Ibid._, i., 375, 409.

[34] “Quæst. Medico-legales,” t. ii., lib. vi., tit. ii.: vol. ii., pp. 33-49, ed. Venet., fol., 1737.

[35] See also “Reg. Crim. Chât. de Paris.,” i., 204, ii., 429; Desmaze: “Hist. Méd. Lég.,” 11-20, 33-41.

[36] Isensee: “Gesch. d. Med.,” i., 216.

[37] “Constitutio criminalis Carolina.” The first edition was printed at Mayence, 1533, fol., by J. Schöffer. See also Kopp, “Jahrb. d. Staatsarznk.,” Frankf., 1808, i., 183.

[38] “Con. cr. Car.,” art. 147.

[39] _Ibid._, art. 149.

[40] _Ibid._, arts. 35, 36, 131, 133; “Bambergische Halssgerichts-Ordenung.” Bamb., 1507, art. 44.

[41] “Con. cr. Car.,” art. 37.

[42] _Ibid._, art. 134.

[43] _Ibid._, arts. 135, 179, 219.

[44] “Non per quoslibet, nec per insipidos et imperitos, sed tantum per peritos ac doctos medicos aut chirurgos,” p. 245.

[45] “Praxis Rerum Criminalium,” Antw., 1554 (the dedicatory epistle is dated 1551), pp. 245-252, 223-228.

[46] Wildberg, “Bibl. Med.-for.,” Berl., 1819, Nos. 553, 554, 1,124, 1,125, 1,126, 1,304, 1,835, 1,836, 2,342, cites nine works earlier than 1575. These are, however, monographs on the period of gestation, witchcraft, fasting girls, drunkenness, and wounds of the head.

Works on toxicology were written at a much earlier date: the _Θηριακά_ and _Αλεξιφάρμᾶκα_, of Nicander, _ca._ B.C. 135; _θeπερὶ δηλητηρίων φαρμάκων_, of Dioscorides, _ca._ A.D. 50; the treatises, “De Venenis,” of Petrus de Abbano (_ca._ A.D. 1250), first printed Mantua, 1472; of Arnoldus da Villanova (_ca._ A.D. 1300), first printed (_sine loc. et an._) _ca._ 1470; of Santes de Ardoynis, Venice, 1492, and of F. Ponzetti, Venice, 1492, are among the earliest. Works on toxicology are not considered in this Introduction, the historical sketch of that science being reserved for a later volume.

[47] Ed. Malgaigne, 1840, t. iii., l. xxvii., pp. 651-658; ed. princ., Paris, 1575, fol., pp. 931-944. On the title-page of an earlier work, printed in 1562, Paré is referred to as “chirurgien ordinaire du Roi, et Juré à Paris.” Ploucquet, “Lib. Med. dig.,” Tüb., 1809, iv., 349, mentions a monograph by “Tygeon, Th.,” printed at Lyons, 1575.

[48] S. Pineau: “De notis Integritatis et Corruptionis Virginum,” Paris, 1598; A. Hotman: “De la Dissolution du Mariage par l’Impuissance,” etc., Paris, 1581; de la Corde, “Ergo Virgo ... lac in mammis habere potest,” Paris, 1580. Wildberg, _l. c._, Nos. 555, 1,308, 1,309, are not properly medico-legal.

[49] In his “De Vitiis Vocis,” etc., Frankf., 1597. He had previously published a treatise, “De morbis veneficis ac veneficiis,” Venet., 1595.

[50] “De relationibus medicorum ... in quibus ea omnia quæ in forensibus ac publicis causis medici referre solent,” etc., Panormi, 1602. Mongitore, “Bibl. Sic.,” Panormi, 1707-14. i., 199, mentions an edition of 1598, Pan., under the title: “Bissus [Birrus?], sive medicorum patrocinium,” etc.

[51] “Quæstiones Medico-legales,” Rome, 1612-35, 3 t., fol. See also Kerschensteiner: Friedr. Bl. f. ger. Med., etc., Nürnb., 1884, xxxv., 401-410.

[52] Wildberg, “Bibl. Med.-for.,” gives the titles of thirty-four treatises on legitimacy, impotence, sterility, signs of virginity, etc., published in France during this period.

[53] On reports: Réné Gendri, 1650; Nicolas de Blegny, 1684; J. Devaux, 1693; Prevot, 1753; H. M. Maret, 1757. On signs of death: P. E. Dionis, 1718; J. B. Winslow, 1740; S. J. Bruhier, 1745.

[54] On the signs of death, 1752; on the distinction between suicide and murder by hanging, 1763; on the duration of pregnancy, 1764, etc. These and other articles on drowning, etc., are collected in his “Œuvres diverses de Chirurgie,” 2 vols., Par., 1788.

[55] Cases of Monbailly, Syrven, Calas, Cassaigneux, Baronet, etc.

[56] “Recueil de pièces relatives à la question des naissances tardives,” Amst. and Par., 1766, 2 vols.

[57] “Consult. Méd.-lég. s. u. Accus. d’Infanticide,” 1785; “Obs. Chir.-lég.,” 1790; “Méd.-lég.,” 1809; “Consult. et Rapp. sur diverses obj. d. Méd.-lég.,” 1824; “Mém. méd.-lég. s. l. Viabilité,” 1826; “Consult. Méd.-lég. s. u. cas d’amp. d. l. Cuisse,” 1828.

[58] “Les Lois éclairées par les Sciences physiques,” Par., 1798, 3 vols., 8vo; “Traité de Méd.-lég. et d’Hyg. publ.,” Par., 1813, 6 vols., 8vo.

[59] “Méd.-lég.,” etc., Rouen, 1801; Paris, 1807, 1811.

[60] “Cours. de Méd.-lég.,” Paris, 1809, 1811, 1819.

[61] “Aperçu et obs. s. l. Méd.-lég.,” Lyon, 1811; “Secours aux Asphyxies,” Lyon, 1818; “Man. d. Méd.-lég.,” Lyon, 1821.

[62] In the later editions Chaudé took the place of Brosson, and a chemist, J. Bouis, was added.

[63] Devergie, “Méd.-lég.,” 1836, contains a legal chapter by de Robécourt. Paris and Fonblanque, “Med. Jurispr.,” Lond., 1823; Wharton and Stillé, “Med. Jur.,” Phila., 1855; Le Grand du Saule, Berryer et Pouchet, “Tr. de Méd.-lég. de Jur. méd. et de Tox.,” 2d ed., Par., 1881.

[64] “Sur les Attentats aux Mœurs,” 1st ed., 1857; 7th ed., 1878; “Sur l’Avortement,” 1856, 1861, 1868; “Sur la Pendaison,” etc., 1865, 1870, 1879; “Sur l’Empoisonnement” (with Z. Roussin), 1867, 1875; “Sur l’Infanticide,” 1868; “Sur la Folie,” 1872; “Sur les Blessures,” 1879; “Sur les Maladies, etc.,” 1879.

[65] Lib. iv., cap. ix.: Qua ratione morbum simulantes deprehendi queant; cap. x.: testificandi methodus circa eos, quibus venenum fuit exhibitum; cap. xi.: testificandi ratio in vulneribus capitis; et in iis qui aquâ fuerunt suffocati; cap. xii.: Quomodo amissa virginitas: et alterius utrius conjugis sterilitas deprehendatur.

[66] “De renunciatione vulnerum,” etc., Lips., 1689, 8vo (“Egregium opus,” Haller).

[67] “De officio medici duplici, clinico nimirum et forensi,” Lips., 1704, 4to (“Eximius liber,” Haller).

[68] “Pandectæ Medico-legales,” etc., Francof., 1701, 4to; “Novellæ Medico-legales,” etc., Francof., 1711, 4to; “Corpus Juris Medico-legale,” etc., Francof., 1722, fol.

[69] “Medicina forensis, hoc est responsa facultatis medicæ Lipsiensis ad quæstiones et casus medicinales, ab anno 1650 usque 1700,” Francof., 1706, 2 vols., 4to.

[70] “Der medicinische Richter, oder Acta physico-medico forensia Collegii medici Onoldini,” Onolzbach, 1755, 4to.

[71] “Systema Jurisprudentiæ Medicæ,” etc., 6 vols., 4to, Halle, Leipzig, and Görlitz, 1725-47.

[72] “Institutiones Medicinæ legalis et forensis,” Jena, 1723, 1731, 1740, 1762.

[73] “Medicina forensis demonstrativa,” etc., Frankf., ad Viadr., 1723; “Introductio in historiam litterariam scriptorum qui medicinam forensem commentarius suis illustraverunt,” Frankf., 1723, 1735.

[74] “Elementa Medicinæ forensis,” Jena, 1767, published posthumously.

[75] Hebenstreit: “Anthropologia forensis,” Lips., 1753; Ludwig: “Institutiones Medicinæ forensis,” ed. 2, Lips., 1774.

[76] “Beiträge zur medicinischen Gelehrsamkeit,” etc., Halle. 1748-54; “Sammlung medicinischen ... Zeugnissen,” etc., Leipz., 1776; “Institutionum Medicinæ publicæ,” etc., Lips., 1778.

[77] “Kurzgefasstes System der gerichtlichen Arzneywissenschaft,” Königsb. u. Leipz., 1793.

[78] “Entwurf der gerichtlichen Arzneiwissenschaft,” etc., Frankf., 1796-1801, 4 vols.

[79] “Collectio Opusculorum selectorum ad Medicinam forensem spectantium.” Lips., 1785-90, 6 vols.

[80] “Conspectus Medicinæ legalis,” etc., Prague, 1780.

[81] “Elementa Medicinæ et Chirurgiæ forensis,” Viennæ, 1781; “Toxicologia,” etc., Viennæ, 1785.

[82] Magazin für die gerichtliche Arzneikunde und medicinische Polizei, Stendal, 1782-87, 6 vols. Pyl also published “Aufsätze und Beobachtungen aus der gerichtlichen Arzneiwissenschaft,” Berlin, 1783-93, 8 vols. Uden was the first to edit a medical journal in Russia.

[83] “Vollständiges System der gerichtlichen Arzneikunde,” Stendal, 1795-1800; “Beiträge zur praktischen und gerichtlichen Arzneikunde,” Stendal, 1799.

[84] Jahrb. der gesam. Staatsarzneikunde, Leipzig, 1835-40, 7 vols.; Bibliotheca Medicinæ publicæ,” Berol., 1819, 2 vols. Between 1804 and 1849 Wildberg published fifteen books and treatises on medico-legal subjects.

[85] Kritische Jahrb. f. d. Staatsarznk. f. d. xix. Jahrb., 1806-09. Jahrb. d. Staatsarznk., 1808-19.

[86] Zeitschrift für die Staatsarzneikunde, Erlangen, 1821-64, 118 vols.; “Lehrbuch der ger. Med.,” 1te Aufl., Berlin, 1812, 13te Aufl., Berlin, 1859.

[87] “Visa Reperta,” Wien, 1827-45, 3 vols.; “Systematisches Handb. d. ger. Med.,” Wien, 1te Aufl., 1813, 5te Aufl., 1846.

[88] “Ausfürl. Handb. d. ger. Med.,” Leipzig, 1819-32, 6 vols.

[89] “Handb. d. ger. Med.,” Berlin, 1841.

[90] “Enzyklop. Handb. d. ger. Arzneyk.,” Leipzig. 1838-40, 2 vols.; Magazin f. die Staatsarzneykunde.

[91] Centralarch. f. d. ges. Staatsarznk., Ansbach, 1844-49; Blätter f. d. gerichtliche Anthropologie, Erlangen, 1850, now published at Erlangen under the title Friedreich’s Blätter f. ger. Med. u. Sanitätspolizei.

[92] “Gutachten u. Aufsätze,” etc., Leipzig, 1847; “Auswahl von Gutachten,” etc., Dresden, 1853.

[93] “Beiträge z. medicin. Statistik,” etc., Berl., 1825-35, 2 vols.; “Denkwürdigkeiten z. medicin. Statistik,” etc., Berl., 1846; “Gerichtl. Leichen-Oeffnungen,” Berl., 1851-53, 1850-52; “Klinische Novellen,” etc., Berl., 1863.

[94] “Pract. Handb. d. ger. Med.,” Berl., 1te Aufl., 1857-58; 8te Aufl., Berl., 1889, also translation of Geo. Balfour, New Sydenham Soc., London. 1861-65. The fourth and succeeding editions, published after Casper’s death (1864), were edited by Karl Liman, his successor in the chair of medical jurisprudence (d. 1892).

[95] Vierteljahresschr. f. ger. u. öffentl. Med., Berl., 1852, edited after Casper’s death by Horn, 1865-70, Eulenberg, 1871-90, Wernich, 1891.

[96] “Handb. d. ger. Med.,” Tübingen, 1881-82, 4 vols.

[97] Daniel: “Bibl. d. Staatsarznk.,” Halle, 1784, No. 107, mentions: “E. Prat, Rationarium chirurgicum, oder nothwendiges Handbuch des Wundarztes, wie er Bericht an die Obrigkeit thun soll u. s. w., aus dem Engl.,” Hamb., 1684. 4, 690. 8. The same title is reproduced by Wildberg (No. 239) in 1819, and the edition of 1684 is mentioned by Ploucquet, “Initia” (1803), Suppl. iv., 36, and “Litt. med. dig.” (1809), iii., 54, the name of the author being given as “Pratt (Elias).” This may be an early work by Ellis Pratt, but we can find no mention of it elsewhere. In the years 1734, 1761, and 1787 dissertations on abortion were defended at Edinburgh by Arnot, Harris, and Murray. Three treatises on death from suffocation by Goodwyn, Frank, and Coleman appeared in 1788-91. In 1788 S. Farr published at London his “Elements of Medical Jurisprudence,” to which Percival (“Med. Ethics,” Oxford, 1849, p. 102) justly refers as “a valuable epitome of S. F. Faselii’s “Elementa Medicinæ Forensis [Regiom., 4to, 1787], in English by Dr. Farr.”

[98] “Med. Jur.,” iii., p. 226 _seq._ Report that Joseph Lane died of poison (1623). Report that Sir James Standsfield was strangled and not drowned, with account of autopsy (1687). Also extracts from the medical evidence in the cases of Spencer Cowper (from 13 Howell’s “State Trials”); Mary Blandy (Oxford, 1752); John Donellan (Warwick, 1781); and R. S. Donnall (Launceston, 1817).

[99] “Heads of Lectures on Medical Jurisprudence, or the Institutiones Medicinæ legalis,” vi., 24 pp., 8vo, Edinb., 1792.

[100] See Beck “Med. Jur.,” 7th ed., xvi., and note.

[101] In the preface Dr. Percival says: “This work was originally entitled ‘Medical Jurisprudence,’ but some friends having objected to the term _Jurisprudence_ it has been changed to _Ethics_.” An unfinished and unpublished edition, written prior to 1794 and containing Chapter IV., was printed about 1800 (see Editor’s Preface, p. 2, and note, Author’s Preface, pp. 25, 26, ed. Oxford, 1849).

[102] “An Epitome of Juridical or Forensic Medicine,” etc., viii., 199 pp., 8vo, London, 1816, also in Th. Cooper’s “Tracts on Med. Jur.,” Phila., 1819. In the preface the author refers to the lectures of Prof. Duncan.

[103] This excellent work (“The Principles of Forensic Medicine”) went through three editions in six years. Dr. Smith, who was a teacher of medical jurisprudence in the Royal Institution, Westminster Hospital, and University of London, and also published a number of papers in the Edinb. M. and S. Jour., and “Hints for the Examination of Medical Witnesses,” Lond., 1829, died at the age of forty-one in 1833, after fifteen months’ imprisonment in a debtors’ prison.

[104] “Med. Jur.,” 3 vols., 8vo, London, 1823. See note 1, p. v.

[105] “A Manual of Med. Jur.,” London, 1831, 2d ed., 1836, Amer. ed., with notes by R. E. Griffith, Phila., 1832.

[106] “Outlines of a Course of Lectures on Med. Jur.,” Edinb., 1836, 2d ed., 1840, Amer. ed., Phila., 1841.

[107] A. Amos, Lond. M. Gaz., 1830, vii.; 1831, viii. A. T. Thomson, Lond. M. and S. J., 1834-35, vi.; 1835, vii.; also Lond. Lancet, 1836-37, i., ii. (Thomson’s lectures were printed in German in book form, Leipzig, 1840.) H. Graham, Lond. M. and S. J., 1835, vi., vii. W. Cummin, Lond. M. Gaz., 1836-37, xix. T. S. Smith, Lond. M. Gaz., 1837-38, xxi.; 1838, xxii.

[108] Dease: “Med. Jur.,” and Haslam: “Med. Jur. Insanity,” along with the treatises of Farr and of Male, are reprinted in Cooper’s “Tracts on Med. Jur.,” Phila., 1819.

[109] Synop. Mod. Med. Jur.,” Lond., 1829.

[110] “Treatise on Med. Jur.,” Lond., 1834; Phila., 1836.

[111] “Homicide by External Violence,” Lond., 1837.

[112] “Med. Jur.,” Dublin, 1839.

[113] “Cases in Leg. Med.,” Edinb., 1840.

[114] “Med. Jur. of Insanity,” Lond., 1840.

[115] “Criminal Jurisprudence in relation to Mental Organization,” London, 1841.

[116] “Principles and Practice of Med. Jur.,” 1st ed., Lond., 1865; 3d ed., Lond., and Phila., 1883. “On Poisons,” 1st ed., Lond., 1848; 3d ed., Lond., 1875. “Lectures on Med. Jur.,” Lond. M. Gaz., 1846, n. s., ii., iii.; 1847, n. s., iv. Articles on arsenic, antimony, strychnine, and other toxicological subjects, strangulation, blood-stains, etc., in Guy’s Hosp. Repts.

[117] “Principles of Forensic Medicine,” Lond., 1844. The work is now in its sixth edition. Prof. D. Ferrier, Dr. Guy’s successor in King’s College, having been associated in the authorship of the 4th ed. in 1875 and subsequently.

[118] “Lectures on Med. Jur.,” edited by Fr. Ogston, Jr., Lond., 1878.

[119] Woodman and Tidy: “A Handy-book of Forensic Medicine and Toxicology,” Lond. and Phila., 1877. Tidy, “Legal Medicine.” 2 vols., Lond., 1882-83; also, Phila., 3 vols., 1882-84; New York, 3 vols., 1882-84.

[120] “Cirurgia Forense,” etc., 3 vols., 12mo, Madrid, 1796-97. Wildberg mentions two earlier monographs: “De partu Septimestri,” Antw., 1568, by F. Mena, physician in ordinary to Philip II.; and “Diez privilegios para mugeres prennantes,” Complut., 1606, by J. A. de Fontechia, professor at Alcala de Hénares.

[121] “Elementos de Medicina y Cirurgia legal,” etc., Madrid, 1834; 4th ed., Zaragossa, 1844.

[122] “Tratado de Medicina y Cirurgia legal,” etc., Madrid, 1844; 5th ed., 4 vols., 8vo, Madrid, 1874-75.

[123] “Instituições de Medicina forense,” Paris, 1832; 2d ed., Lisbon, 1840.

[124] “Vorlesungen über die gerichtliche Arzneiwissenschaft,” 3 vols., 12mo, Bern, 1728-84.

[125] “Utkast til Medicinal-Lagfarenheten,” etc. (Project of medical jurisprudence, etc.) Stockh., 1776.

[126] “Forelaesninger over den legale Medicin,” Christiania, 1838.

[127] “Haandbog i den legale Medicin,” Kjøbenhavn, 1843.

[128] “Versuch eines Umrisses der philosophisch.-medizinischen Jurisprudenz.” u. s. w., Dorpat, 1803.

[129] See Wildberg: “Bibl. med. leg.,” Nos. 1,198, 1,142, 1,215.

[130] Lugd. Bat., 1610, etc.

[131] Amstel., 1615.

[132] Rotterd., 1767.

[133] Lugd. Bat., 1768.

[134] S. Gravenh., 1815.

[135] “Traité de Médecine légale et de Jurisprudence de la Médecine,” 2 vols. in 1, Gand., 1859-60; 2d ed., Paris, 1878; 3d ed., Bruxelles, 1885. (See Toxicology.)

[136] “Yei sei honron” (Lectures on medical jurisprudence, translated by Gento Oye), 3d ed., 2 vols., Tokio, 1880.

[137] “Saiban igaku teiko” (Medical Juris.), 3 vols., Tokio, 1882-84.

[138] “Sixteen Introductory Lectures,” etc., Phila., 1811, pp. 363-395.

[139] Amer. Med. and Phil. Reg., N. Y., 1814, iv., 614. It is to be regretted that instruction in medical jurisprudence is not now given at this school (1893).

[140] Beck, “Med. Jur.,” 7th ed., xix. The Index Catalogue contains the titles of forty-nine works by Caldwell, none of which are medico-legal.

[141] Beck, _loc. cit._

[142] “Tracts on Medical Jurisprudence,” etc., Phila., 1819.

[143] “Elements of Medical Jurisprudence,” 2 vols., 8vo, Albany, 1823; 12th ed., 2 vols., 8vo, Phila., 1863. A chapter on Infanticide by John B. Beck was added to the third edition. This and later editions are “by T. R. and J. B. Beck.”

[144] N. Y. Med. and Phys. Jour., 1823, ii., 9-30.

[145] “An Essay on Medical Jurisprudence,” Phila., 1824.

[146] Phila. J. M. and Phys. Sc., 1825, x., 36-46.

[147] “Syllabus of Lectures.” etc., Univ. of Va., 1827.

[148] “An Introductory Address,” etc., Phila., 1829, and “Syllabus of a Course of Lectures on ... Medical Jurisprudence in the Philadelphia Medical Institute” [n. p., n. d.].

[149] “A Catechism of Medical Jurisprudence.” etc., Northampton, 1835.

[150] Dean (A.): “Manual of Medical Jurisprudence,” Albany, 1840; Dean (A.): “Principles of Medical Jurisprudence,” Albany, 1854: Elwell (J. J.): “Medico-legal Treatise on Malpractice and Evidence,” New York, 1860; 4th ed., New York, 1881.

[151] “Medical Jurisprudence.” Phila., 1855. 4th ed., edited by R. Amory and E. S. Wood, 3 vols., Phila., 1884.

[152] “A Medico-legal Treatise on Malpractice and Medical Evidence,” N. Y., 1860; 4th ed., N. Y., 1881.

[153] “The Jurisprudence of Medicine,” etc., Phila., 1869.

[154] In that case (Bailey _v._ Mogg), the Court says of that statute (Laws of 1844, p. 406): “The triumph was now complete, for the legislature had made every man a doctor, and nostrums of every description and admixture could now be safely prescribed, and payments therefor exacted by authority of law.”

[155] Notwithstanding these statutory enactments, it has been held that one who undertakes to cure disease by rubbing, kneading, pressing, and otherwise manipulating the body (massage) is not liable for having violated the provisions of the statute against practising medicine or surgery without a license. Smith _v._ Lane, 24 Hun (New York Supreme Court), 32.

[156] Analysis of this decision shows that the main ground, upon which the court of last resort sustained the right of the applicant for admission to be admitted as a member of the society, was, that the provisions of the by-law in question were not specifically made applicable to a person applying for membership. The Court observed, pp. 192 _et seq._: “The regulations embodied in the so-called code are admirably framed, and commend themselves to every reader, as tending to raise to a still higher elevation the character of the learned and honorable profession to which they were submitted for approval and adoption. They are not limited in their scope to the range of moral obligation, but embrace express rules of conduct, in personal, professional, and public relations. They are regulations in the various departments of morals and manners, of courtesy and etiquette, of delicacy and honor. They bind those who pledge themselves to their observance, but cannot be recognized in law, as conditions precedent to the exercise of an honorable profession, by learned, able, and upright men, who have not agreed to abide by them. The non-observance of such regulations _may be made_ cause for exclusion or disfranchisement; but it must be either by the agreement of parties or by the exercise of the law-making power.

“The applicant was not a member either of the American Medical Association or of the Erie County Medical Society, at the time of his alleged deviation from the formulas prescribed by these conventional rules. He was under no legal obligation to observe them, and had neither actual nor constructive notice of their existence. Those who were _members_ of the society could not lawfully be expelled for _antecedent_ deviation from the code (Fawcett _v._ Charles, 13 Wend., 477). Much less could such deviation be alleged, as cause for exclusion, against one who had never agreed to be bound by it, and as to whom it was not merely an inoperative but an unknown law.

“As the relator demanded admission to the enjoyment of a franchise to which he was presumptively entitled, his exclusion could be justified only by facts repelling the presumption that he was duly qualified for admission, or by extraneous facts, showing that, if his application was granted, there were then subsisting causes, making ‘a clear case’ for immediate expulsion (_Ex parte_ Paine, 1 Hill, 665).

“The burden was upon the appellant to establish affirmatively the existence of such present cause for expulsion. The society waived the right of making a return and taking a formal issue on the claim of the relator, to be determined as matter of fact by a jury, under the direction of the court; but submitted its objections in the form of affidavits, which failed to establish cause either for exclusion or expulsion.

“The only _specific fact_ alleged in the opposing affidavits, as ground of objection, was the publication by the relator of a professional advertisement, which was inserted in one or more of the Buffalo journals in May, 1855, and discontinued in January, 1857, more than two years before his application was presented. It is charged that the printing of this notice was an empiricism, and in conflict with the code of ethics adopted by the Erie County Medical Society.

“There is nothing in the terms of the advertisement from which any inference can justly be drawn against the relator, in respect either to his personal character or his professional skill. There is no suggestion, in the affidavits, that any of the statements of fact contained in the notice are untrue, and there is nothing in its contents inconsistent with perfect good faith on the part of the relator. It refers to the treatment of bronchitis, asthma, and consumption, as a special department of the profession to which he had directed his particular attention; and it alludes to his use of the method recently introduced, of medicated inhalation, through an instrument appropriate to that purpose, in aid of such general treatment as experience had proved to be beneficial in that class of diseases. It is not denied that the relator possessed peculiar skill in this department of the profession; and the case discloses the fact that the method of auxiliary treatment, introduced by him in the county of Erie, was not only successful in his own practice, but was adopted, with beneficial results, by members of the county society of high professional standing, and that it was accepted by a large proportion of the physicians of Western New York. If, at the time this remedy was introduced, he had been a member of the County Society or of the American Medical Association, he would not have been at liberty to direct attention, through the medium of the public journals, to the benefits resulting from its use. This would, perhaps, have been unfortunate for those who were suffering, in that vicinity, from this particular class of diseases; but it is undoubtedly true that the suppression of such an advertisement would have been more considerate toward his professional brethren, and more in accordance with the rules of delicacy and good taste. But an error, in this respect, by one who had no notice of the society regulation is not cause for disfranchisement. The act of the relator was neither immoral nor illegal. It was no violation of the by-laws; for, as to him, they were wholly inoperative. It was no present cause for _exclusion_; for the publication of the objectionable notice had been discontinued for more than two years. When he applied for admission, he proposed to become bound by the by-laws; and this the society refused to permit, for the sole cause that he had not observed them before they became rules of conduct for him. ‘Where there is no law, there is no transgression.’ The relator, therefore, had been guilty of no legal wrong which could bar his claim to the franchise.”

[157] In Macpherson _v._ Cheadell (24 Wend., N. Y., 15) the Court said, p. 24: