Page:Treatise on poisons in relation to medical jurisprudence, physiology, and the practice of physic (IA treatiseonpoison00chriuoft).pdf/78

 the most part nothing to do with the moral proof, while at the same time in cases of poisoning the medical and moral circumstances are always intimately interwoven and apt to be confounded together, it is necessary for me to specify those particulars of the moral evidence, which either require some medical skill to appreciate them, or fall naturally under the cognizance of the physician in his quality of practitioner. I shall enter into greater details under this section than may perhaps appear to the medical reader necessary, chiefly that I may redeem the pledge given in the introduction to the lawyer and general reader, and endeavour to show how powerful an instrument a medico-legal investigation may become in skilful hands, for throwing light on almost every branch of the evidence.

The moral or general proof in charges of poisoning is almost always circumstantial only. The circumstances of which it usually consists relate, 1. To suspicious conduct on the part of the prisoner before the event, such as dabbling with poisons when he has nothing to do with them in the way of his profession, or conversing about them, or otherwise showing a knowledge of their properties not usual in his sphere of life:—2. To the purchase or possession of poison recently before the date of the alleged crime, and the procuring it in a secret manner, or under false pretences, such as for poisoning rats when there are none on his premises, or for purposes to which it is never applied:—3. To the administration of poison either in food, drink, medicine, or otherwise:—4. To the intent of the prisoner, such as the impossibility of his having administered the poison ignorantly, or by accident, or for beneficial purposes, alleged or not alleged:—5. To the fact of other members of the family besides the deceased having been similarly and simultaneously affected:—6. To suspicious conduct on the part of the prisoner during the illness of the person poisoned,—such as directly or indirectly preventing medical advice being obtained, or the relations of the dying man being sent for, or showing an over-anxiety not to leave him alone with any other person, or attempting to remove or destroy articles of food or drink, or vomiting matter which may have contained the poison, or expressing a foreknowledge of the probability of speedy death:—7. To suspicious conduct after the person's death, such as hastening the funeral, preventing or impeding the inspection of the body, giving a false account of the previous illness, showing an acquaintance with the real or supposed effects of poison on the dead body:—8. To the personal circumstances and state of mind of the deceased, his death-*bed declaration, and other particulars, especially such as tend to prove the impossibility or improbability of suicide:—9. To the existence of a motive or inducement on the part of the prisoner, such as his having a personal quarrel with the deceased, or a hatred of him,—his succeeding to property by his death, or being relieved of a burthen by it,—his knowing that the deceased was with child by him.

Upon many of the particulars now enumerated, important evidence may be derived from the medical part of the investigation; and