Page:Treatise on poisons in relation to medical jurisprudence, physiology, and the practice of physic (IA treatiseonpoison00chriuoft).pdf/87

 decided by this rule. Thus it might have decided the important case of George Thom tried at Aberdeen in 1821 for poisoning the Mitchells, and likewise that of Eliza Fenning, about whose condemnation some clamour was made in London in 1815. In both instances, as will be mentioned under the head of arsenic, the symptoms were developed so characteristically, that from them alone poisoning with arsenic might have been inferred almost to a certainty. But even if the symptoms had been somewhat less characteristic, all doubt of general poisoning was set aside by the fact, that four persons in the former case, and five in the latter, were similarly and simultaneously affected, and all of them at an interval after eating, which corresponded with the interval within which arsenic usually begins to act.

Sometimes it happens, that while one or more of a party at a certain meal suffer, others escape. Such an occurrence must not be hastily assumed as inconsistent with poison having been administered at that meal. For the guilty person may have slipped the poison into the portion taken by the individual or individuals affected.

If it be proved that all who ate of a particular dish have suffered, and all who did not have escaped, the kind of moral evidence now under review becomes strongest of all. It is well for the medical jurist to remember also, that such evidence is very useful in directing him where chiefly he should look for poison.

At other times it happens that the several people affected, suffer in proportion to the quantity taken by each of a particular dish. Too much importance ought not to be attached to the absence of that relation; for it has been already mentioned that habit, idiosyncrasy, and the state of fulness of the stomach at the time, will modify materially the action of poisons. But when present, it will often form strong evidence.—A good illustration of what is now said may be found in the case of Thomas Lenargan, tried in Ireland for the murder of his master, Mr. O'Flaherty. He had for some time carried on an amour with O'Flaherty's wife; and afterwards, to get rid of the troublesome surveillance of the husband, contrived to despatch him by poison. The crime was not suspected for two years. Among the facts brought out on the trial the most pointed were, that O'Flaherty's daughter and two servants were affected at the same time with the very same symptoms as himself; that they had partaken of the same dish with him; that the severity of their several complaints was in proportion to the quantity each had taken; and that others of the family, who did not eat it, were not affected.

Another remarkable instance of this kind has been recorded by Morgagni. A clergyman, while travelling in company with another gentleman and two ladies, was setting out one afternoon to resume his journey after dining at an inn, when he was suddenly taken ill with violent pain in the stomach and bowels, and soon after with