1890 Sb£> f # University of Illinois. # f f ^ Books are not to be taken from the Library Room, Digitized by the Internet Archive in 2013 http://archive.org/details/somelegalquestioOOsham SOME LB GAL QJJ J 3TIONS QNNECTED WITH CRIMINAL POISONING/. B-Y Charlec H« Shame 1 , 14 • 3e . Univiof 111., Glass of I. r 4*.B. , Univ. of Mich. Ola ie secret with which murder can be accompliahea by poison has mada it a favorit- means of homocide,as well as suicide, in all tgffi and nations. In the five years |863 to l*ff*,t*»o thouaand and ninaty- seven oprsons are reporter to have died from poisoning ttl BngXand and Walea. In one thousand six hundred twenty of thasa cases the nature of the poison was unknown. Of t\s number the iolloin g polaona 1 Iliad numbers given: Opiuaa - various preparations $t •• Lead J alts — Cyanides - including ^russic acid iflS ^cidc - -iul^huric,.. r itric,I ydrochloric - 74 Oxalic ic ir' — - ercury Strychnine m -COhol m " -orm-powder" oq Phosphorous Jc k moni i i < T#o larpe doses of madia i ia S.* 7 . -a suitable food ^3 Unsuitable medicine |* # Poisonous Shall -fish a^ « r a.. , „ Total — 11C. cthrr polaona" ■* • In France the total aoennattons s*f T>oieontriff for t.?renty- ore ytart (lfiSltft tftfi The numbers kill#d by tns pwiiOMi fcamsd below were apt follows: ireenis — — * - — rw. tllOSphorUS ~~--iJ-;7, Cr)r^»" Baits — — . — -—159. Mineral »-cids •--4 v . Cmthe-ridrs — ■ --30. stychnlne * - 18» OpitaB-P^ep^rati ons - — —-10. •srcury '^lts H* 5Hlt$h*te of Iron — — '6* fcaifmony pi's parat lone A&SBOnla — — — - —4, - v-;rildo9 *"* 4« Vhsss figures include suicidial and! accidental poisonings a j -all ao original. Slyth on Jrclao>:,p; , ^i-. Shi proportion ci' poiconing to other crimes in -Vance and Bslglua wus as folloV9«psr annus for the years Iv to 1886* -r.. v C3 -el^iur. Ur.-isr-i-iatione — -49. Infant icicle './.'., 7>«. sisonings ----------- — ^ , — — -------r, Parricides -I , J . Staple Hotnocidts -qt ,; Total — 147 c , |8S« In Italy during the year 188*7 there rrere trority accusations nt poisoning, of vno» vtm convicted, ~hc proportion of ..'oner?, ci-ion^ the accused us to t v io vari- ous Crimea is as follows: I foigoning — Parricide — Assassinations Btmttle Komoeide a a sau It follored by death 5, 09;'? 5*©f '>% — 1&*&9% -his shows that; poisoning is the .favorite criuie of vomen. They-? . 21*0 no statistics on thin subject in Ltteviea that I have been able to fin d, She ancientt faitw or the poisonous jMp#vtl*i of ooium, . o hyosCtttiUw, lh*nbane ; , c OlehiChum, u • .:inr IhetueOliJ : aconite, and other veg&tabie poisons* 4i»ong tt c minerfkl poieons they knew arsenic, the cult a o£ copper, oxid* of lead, :iO> sulphide of iaer* iurylcinnifcar , . • u India it is ©aid that do artie poisoning became so fre- Quent that as & preventative the Srahmans invented the "sut- Ue",:,;' ii2..:oi:;ti &n o ' the widow on her husbands ''"antral ^yre, «fhi0h»43 may bo iinnagined v af fectually stopped the or act ice. ?roaa the fifteenth to the swentsaitth eentwrtes there were two gyaat sehaolil oJ poisoners; one in Italy, the other in Venice. In Venice: the goVemtneftt recognised secret assassinations by palaon ac one o£ mas f proceeding against enenles, *-«o. i 3 1 1 • 15X3 as the records Bho-fjti-ey entire .5 int"> a contract with a tiank, Jna.Oi! 3 isubo , t o remove obnaxiotta pawroiiai A regular price Hit iaj igFead ipon|!l0.0 ducats for oolaonlng the ureal Sultan* IS - due at a i'or the Ring Of Spain t 60 Sueati for the uike or kiilan f 100 ftuoats far the Paps, In Bologna a woman named ± off ana sold a solution of ar- senic tri -oxide unoer the name of Acquetta de Napol, -chiefly to young wives who were tired of ole husbands. She had a flourish- ing trade for many years and is supposed to have poisoned six hundred persons, among them two popes, Pius 111 and Clement XXV* She lived until seventeen thirty. The comparative immunity in modem times from poisoning is chiefly due to the progress of chemestry and toxicology which has made possible the detection with great certainty of all the poisons corxionly accessible to criminals and, while accidental and sifclcidal poisonings are still frequent, criminal poisonings has become much more infrequent than formerly* Criminal Law Magazine 1-2 3 et. sq* EI v j cX e w c < In a c \ae of criminal poisoning the evidence is utually wholy circumstantial. Aside from the confessions of the - ccused it is seldom that direct evidence is ever obtained of the ad- ministration of the deadly substance. It is is seorecy t 7 at renders this form of crime so attractive* As in all cases of homocide the first IMnn to be estab- lished is the corpus delicti and in this sort of crime it in- volves, in addition to the fact that death has occurred, the proof that poison was the cause of death. The evidence under this head may be furnished by one or more of the following classes of facts: {%) Symptoms, (£)Port- morttffn examination, (s) Chemical analysis* The next step to be established is the administration of the poison by the accused. And lastly knowledge by the accused of the poisonous properties of the substance. 'fhe following tabular form of evidence in a noisoning case has been proposed. Medico-Legal Journal DtQ»180tt* Mag&us lis Ba&*aiUag> Fact s to be proven. direct admissions evidence confessions Circumstantial evidence. I. Death of deceased by Poison. Nu Il.aaministration of poison by the ac- used. &c. ^c. Ill .Knowledge by the accused of the prob- able poisonous effeot of the rub stance p-iven. Ac. &c • I. a. Jymptoms. B.Post-mortum, 0» Chemical anal- ysis. Il..*.l ravious pos- session of the poisonous sub. B. Opportunity o of administration C. Motive Possibility or Cnobafellbltfty or Impossibility or Improbability of administration by another agency. &c. Under the first division t as to symptoms, t^e strongest evi- dence is In those cases In which Sudden lllfttBs occurs so^n after eating or drinhing and continues With little or no intor- rniasion to a fatal conclusion. The preftUBptlon of poisoning ir. much str-nnthened if two or r.ore ato or dranh the gtOM food and were effected in the s^me manner. It must always be borne in mind that evidence from symptoms alone, is never conclusive for; the symptoms of many natural diseases very closely resemble those produced by poisons. The disease whose symptoms most re- semble those of irritant poisons are; cholera wo rbus, malignant cholera, rrastero-enteritis, peritonitis, ulceration of the stomach and hernia. Those most nearly resembling narcatic poisoning are apoplexy, epilersy,inflamation of the brain, tetanus* and heart disease. Bat where symptoms aecur in a previously healthy per- son and are well marked they furnish valuable confirmatory evir dence. -s to the evidence furnished by th« post*mortum examination it is also not conclusive for the same reason: namely, because diseases simulate many of the post-mortum occuran«es produced by poisoning. The strongest evidence furnished by a post-raortum ar«$(l) external stains, such as those produced by strong mineral acids and (2) the odors of certain poisons, such as chloroform, prusic acid, phosphorous, opium, alcohol, nicotine, etc. which will be detected on opening the body. 'Ihe irritant poisons usually produce intense inflammation and often perforation or ulceration of the stomach and the absence of all these a^rearances would be strong although not conclusive evidence a; -\inst the presence of thes class of poisons. The narcotic noisons affect the ner- vous center^ such as the brain and spinal cH^prd; the post- mortflm aor^arances conrnonly being conge stion^inflamat Ion of these organs. Ihe mnst satisfactory evidence of noisoninp 4s that fur- nished by the chemical analysis, if the postmortem examination has been properly conducted and the organs reserved for analy- sis hastbeen kept in prooer custody nrlor to their delivery to the chemist, the finding of noison therein is almost conclusive evidence of death by poisoning. Joe v. State, 6 *la.591. But the effect of the post-mortem diffusion of noisons, descri- bed h^low must be taken into account. The above facts are usually oroven by expert testimony and the evidence is governed by the general rules concerning exnert evidence, 'owever we may note, that for the nurroses of such an investigation, an expert chemist is ilso an exoert as to the ef- fect of various poisons on the system and the fatal do^e. ■ma-M State v.Cook, 17 K«n«30&« An expert 3±EZ$ff£a- also give his opi nion whether death in the particular case resulted from the effects of the noison discov- ered. State V«MttOh#ll|M Vlabama 41 r :. It is not absolutely necessary that noison be found by a chemical analysis to sustain a conviction provided the evi«- dence on the other points is clear and convincing. It is suffi- cient if the jury is satisfied from all the circumstances beyond a reasonable doubt that death was caused by -noison administered by the prisoner. Crre enltai 1 vi dene e f 1 1 1 , 159 • Poison may not be discovered for a-iy of the following reasons ; (1 Jftemoval by vomiting and purging. (^)Uq known chemical reaction for the particular poison (3) It may be lost by absorption or elimination. (4) Decom^osition of the poison in the blood during al i»&Mkt4flft« ( 5) Decomposition in the dead body. (6) iresenc© ofntomr.ins which may BMfe the reactions or give reactions resembling those produced by the allseed poison. However in reference to the second proposition, there are very few poisons accessible to the general public that cannot be de- tected by chemical analysis, Crim, let I ao»"&ytlC80. tn all cases of suspected poisoning the urine f faeces, and vomit should be pre served as if poison is discovered in these it will be conclusive evidence of the administration of poison during life, it is not necessary that sufficient poison be found in the stomach to have caused death. The quantity in the stotaaeh la in reality Only the e xcess, of the amount that has produced the fatal results. The euestion whether the auostaaoe administered in a given case £■ ft poison is a ruestion of fact for the Jury. 1 Pa. 3up,Ct. cases, 4 } lug, and A^er,^ncy,La.? t 15-£4£, I iving proven by the above described evidence that death his been caused by poison the next 3tep is to prove that it was administered by the accused. The link! in the evidence to this point are those enumerated undop II in the table, -v 1 )previous possession of the poison by the accused, (2 yopnertunity for ad~ miniaturing it,\?)and motive for adi.iiui3tw|«f it. Pro^i> by the defense of the complete absence of the 1st o£ 2nd of these link would be fatal to the prosecution. As to motive the defense can only prove probable absence of motive for the workings of the mind are hidden and no one can tell ,r . r hat secret motives may be at work therein. In or;,or to prove motive the ex ionization is allowed to take a wide range. ->/i de.no e of a continuinn; sch- eme ha3 been admitted whereby the accuied first poisoner! her sister and then her 3i3ter's hu3parid in ord^r to get & benefit insurance of #8000 on hio life. Com. v.Robinson, 146 Mass. 578. It is admirable to show criminal intimacy between a pris- oner and the wife or husband of the deceased. Peo.v.ireftJ>a*ton f r*> M16h.501, Pe o . v . Mi 1 lard , 53 Mi ch . 6 3 . StSiimvLhlnfclg, r lOwa SftO, 2 Grim. Law Mag, 235. 10 ■ ■ 8 515. Peo.v.Eartung,4 Park.Cr.Cas. (1? .Y. )pm. vidence of previous poisoning is adroissable eve though it be a separate crime if it bears on the Question of motive. I'eo. v. Templet on, 67 I.ich. ~("1. 1h<; poionou.u nature of the substmee arViiiristered and its canabilitie l of destroying life must he proved. Xti ft i.ios.case it having been ^nvc-n that the prlooAtr attempted to noison a family by putt in Rough on "'its in mtal t thw conviction *ai never Vre lese reversed on the ground that the poisonous nature of I'tough on Hits had not been sho^n. State v.0sberne»P4 Uiss.318. State v, Jlaricsa,!! Ma. 57. -Swell's :>led. Juris. sec. Bc7 & 843* That the accused had knowledge of the poisonous properties of the substance Trill usually be inferred from the cireumst mce surrounding the case. If the accused sets up trie pie* that he did not know the poisonous nature of the substance f !» £l » , ; (whioh is seldom done)it would rrobably reouire exceed! clair evidence on that point to have an:/ weight with thi jury, at least with fresnect to substances commonly hnown to be noison Mil malicious intent Is implied whe^e a T>oi3on i3 administered -f a kind and quantity ordinarily sufficient to kill. Stat? V>#%gonerv8'7 ko.£44. • >tate v. /ells, 1 KaiuSSS* State v.SanCh8,24 Cal.V7« PfeMlt U.: .)45C i wide variety of evidence is admionible on the t>oint of Intent} for example, that the accused had threatened the d4e?- d with injury from a slung-shot. Peo.v. I e3eau,.'M II.Y.SPS. .V.vm<: the general c i rcumst Ogtt i al evidence -ihich may be valuable I* confs^r.ing other evidence thi following ay be mentioned: The conduct of the accused in "dabbling" in certain poisons outnide of his regular occupations. Ireventing the dece* aned from obtaining radical advic-?. 3 sitting exclusive duty of giving food or medici:ie# 'emn r i a" v\f- disponing of all vomited matter etc. ^rensi-r an opinion that speedy death will follow an attach of aiehness. Opposing a "out -mortem examination. Hastening burial unduly. Hiving a false account of the illness. P03T-tyQ RT C DIFFUSIONS CT r CT^CV . An important question which has arisen in recent years in connection with the chemical evidence of poisoning is wl ether the detection of poisoning in such organs 13 the liver, hiclneys, spleen,muscles,and brain is proof that the poison Was administe tered during the deceased's life time. Qr to fit Ate it differently; suppose a roison say arsenic, to have been injected into the stomach, rectum or other cavity of the body after death; will the poison diffuse into the other organs of the body or will it remain confined to t - e cavity in which it is placed? This question arises most frequently in car.e of arsenical poisoning. If arsenic can only bo transfer- organs rod to the body by beinr absorbed into the circulation and deposited fron it in the organs, then the detection of arsenic in the liver, hidneys, brain etc., would be direct proof that thti poison had been administered during life and thereby create a very strong presumption that it was the cause of deatn. But if upon the injection of arsenic into the body after death, it is also able to pass by di fusion into the various organs, then the presumption of death being caused by the poison de- tected in the body is weakened and if it is proven that in fact arsenic has bten injected or even nlacd in contact with the body, the presumption, is entirely destroyed. As arsenic is in aim st universal constituent of the embalming fluids used to prevent rapid decomposition, cases may occur in which the turn- ing point ould be the answer given to the above question. Orfila made name experiments on this subject which led him to conclude that ost-mortum diffusion took place. IVhile thlf pos- sibility was admitted by subsequent toxicological writ rs it was held to be a v^ry rare occurance ; for it v/as believed that as soon as decomposition began, the arsenic was converted by the hydrogen sulph&dfl generated during Atoay 4 int0 th« yellow sulphioe of arsenic and as this is insolutble therp coulr. bo no atffuaiftn* Such was the general or)inioh among toxicologists and medico It gal o::"ortc un to 1°°.?. In that case the iillard murder trial occured in Iona County *..ich« f in the course of rhich this r>oint wis raisod in< lad to investigations by .)r, faugfrfett that have radically altered the general opinion M to tha r ady diffu3- ibility of arsenic after death, t Ths facts were briefly as follo^n: ay ~th 1 °B?V rn.; ath^w . illard died after an 1 lines s of about two weeks, during hich time -ihe suffered from symptoms somerrhat re.oemblinr- those of arsenic 1 r>oi3oning» Shortly after death hor husbandj-rith the alleged intention of nreservi ig the body, in.? oc tec! into the ••.■hit e stoi:. ic- md rectum about a teao^oonful o r ars- aic (a^eic t^i- oxide ) sur, ->en(\ A in a te \-cunful of water, lusnicions of ^oiron- ing having arisen, the body was exhumed 1 ' S r af p*» death and •IS or tight ounces of liver and one-third of i kidney 1 ' Placed in one jar nd the stomach and a art of the r^ctun in another, onon the analysis of these viscera by I-rof . A *B .1 re:;cot ht dis- covered bo it 1 grains of arsenic tri-o::ide i the stomach md rectum and a quantity in the livrr and kidneys estimated to b^ from si:: to fifteen grains, J-t Ti n claimed by the pro r-e cut ion 'that the fact that arsenic ^as found in the liver and kidneys was proof t" it the arsenic was administered before death, the othor hand, Dr. v'au^han,as expert wit.ies for th# 6 fpnee, terstificd th ,% t he b lieved that the arsenic found in the liver* -md kidney estimated coul-: have massed i -to the or or— .us br diffusion fro;, the arsenic that had be n injected into the 3to a ch and rpctum. In support of his posiition Dr.Vaughan afterward made some experiments which showed conclusively that when arsenic is Injected into • deaB body it passei freely bjr diffusion to all the organs and parts. Jour.n.uer.med.Asoo.1, -115. In the first experiment 5C grams of arsenic tri-o::ide rras injected into the stomach and rectum of a dead mu.oh-rat. n ■fialf •! ■ after being buried f5 days,arc^nic was found 111 t) liver,kidneys t heart,and brain. In a second e rim ent a human body was used which had bem dead r or 9 days. Vn un-:°irhed quantity of arsenic tri-oxide suspended in weter w\s lnjeot< into the mouth Mid rectum. The body was laid iway in a try 3e">- lar for B5 days. The analysis of the various organs showed the they contained arsenic in the following eu -.nt it ies : iVt.of part "er cont o W* Kidney 104 fans, -----distinct merror — Left kidney— 90 " .IffOC ©a— .: 50788 Liver 58 " - ••8916 " 09*1 Loweriobe of rt.lung —$99—" » 043*5 e04976 heart 370. 1 t 0£10C . -W lection of colon 85. " . R] P-ectum Bl " 1«| V«8 Ipleen — 48 ■ .00458 *60Mft Stomach 500 1 r.nr :• L05 Brain loe*. " ,oos€a Das, "The arsenic in the brain nrobably came froa the fluid be- ing thrown into the nocejaome regurgitated through the nostril and probably left som arsenic edherelng to the pharynx from whence it nenetr vted into the brain". Experiments were also made by Prof .Led^ie using cats, which led hi:., to conclude that v.'h-n arsenic is injected into the ali- mentary canal after d°ith and the body allowed to r-st a consid- erable neriod that "the arsenic is as wiflely diffused through the body as if it had be^n administered durinr life". Other ob- servers have since made numerous r .:r- > eriments on the subject and the unifor a result has been that arsenic injecte" into thi ali- mentary canal or placed in any nart of the body and allov/or 1 sufficient time,sv; a r.onth,that the ars r nic r^ill br found diffused throu 1 out f-'e entire body. Jour. JMr,ke4.Asso*l , -115. Conseru^ntly, it may nor be reg ->d x ttled scientific fact that after death poisonc diffuse to all ^.rts of the body and therefore t^at the finding of the noir-on in the liver, kidney.-.:,* e .n," r .et etc., is not nroof that the noison waa ad- ministered b^f^re d^at?" 1 . Before discussing the bearing Sf this euest ion fact o- the caestion of the evid : nee in a case of criminal poisoning there are some oth^r noints t v > 1 * ay be considered. lifter the fact of aost-morttfcj dif fu . ion had been established it •M suggested that the finding of arsenic In the brain and s-oin il cord mipht bo rroof that the -noison had been cirried into these organs by the circul vti-m during the life of t^e in- dividual, at it Was no believed that the ooicon ^ould reac' tvese distant and well nrotect-d > -.rt;; by -n :t-;nrti«n diffusion alone. Reese's Toxicology, ( tad ^dition)^ '"'7. i edico-Legal Journal, : 5eo. *> ' : lg« It Is true that arsenic was found in the brain in both of D*»Vaunhan e neri.^entc i y ' lsd above but he? exnres ly stated that when tie water contained in the arsenic v;a3 injected into the nouth aoi:e of the fluid returned through the nostrils* The nasal cavities and sinuses thus cont lini g arsenic y It wculd be •apy for it to diffuse into the brain. This, however, it w . mip* nosed woulr' not happen if the poison had been introf;uce>: only into the 3tomach or r actum. In ord r to decide this question experiments rere mads as folio . r s: .abb its .. J er - \xa :\ -..a--', i i order to --r vent the- arsenic fro;: reaching the brain through the nostrils, the fillet was laid bare,ooened and tied above th* 3 openings The arsenical so- lution was then injected into the s£ouach. The bOdlSi WWT buried frota IP to -4 days. In each case arsenic was detected in tits brain, oho spinal cor, 1 , as well as in the contents of the urinary bladder. i!ed i c o -Le gal Journal , Larch , 1888 . button ex*v-r:L r:rt - 7 with the rjane "v* suits. Amer . >. Vl# Jour . 9 , - n o. Dogs were used in the 30 experiments they were killed rrith chloroform and three ^riins of arsenic tri -oxide suspended in water was injected about t"enty-four hours after death. The bodies were buried for different reriod3 ringing fro:. 1 three to •fit—hundred two Hays. In :acl tasi \r3enic was detected In the brai .a as well as the liv r and kidneys thourh in t -o cases in r hich the bodies had only been buried in three days the tests wer^ only fain t stains i the tube o r ' the . arsl v^ar.itus. "ee also, H.en, ^esearche: J.oomis' J b.l8»0,p,56 to 5f!. i rece t t ""e^ i i ^ case is snorted v Jour, \mer.0hem.3oc. 13 t -rT. A paint er died Sep.l^i l~Tl,the disease bei^s dia^osed by the attending physician rer.itt^n fe^er. T770 hour aft'Of death th* body was embalmed by thrusting an *«&b aiming n<-e 'le "into the abdomen anr 1 i-ni^cting an embalming fluid which contained 10 100 grains of arsenic tri-oxide and 10 grains of zinc sulphate in each fluid ounce. 'Jusoieion of poisoning h wing arisen,! ^ coroner took charge of the case and an autopsy Fas performed tv;enty-four hours after fleath. ^xtonoivo peritonitis and other pathological conditions confirming the diagnosis tow discoverf- ed. The brain however was removed and analysed* One half " r " let weighed 710 grai -.s contained one vac' si:-: t-.ntl'S i..i Hi grams arsenic tri*oxide.« Small quaititier ;f inc were also detectel, orovin d that the ars- ic found in the brain had be~n deposited there by tb<* diffusion of the embalming fluid. This c-.se is re- markable from tie extrenely short time,- on";; twenty four hours - tm t i c« .-arntive 1 rge ruantity,- one tlx tenths milligrams" of the oi3on *t3hat y-\c reaches, the brain" The circumstances however, wpr « very favorable to diffusion,- a large cuantity of V'-o "luir! con containing arsenic distributed throughout the abdoM^na*" via thoracic cavity. Therefore it .ay be regarded as settled fat thi finding of arsenic in the brain or srinal cord is no proof that it w^s a . .-^ ine whothor 1 -oison ban bo-- introduced b^~* or eft*- o>at-. BOWev r, tbe rotho"»oric n conditions caused by t - irons 00 nearly rosetribl;. those caused by dlBeaass th^t it it not probable f t -oya.Mnr : ceoacoMst would havw to *>ffo" on this ueation "ou 1 d : ave . n.r* ^if'-t it •• • - oison . - - ^ 2rl lt Tnuld b0 x natural infe— enoe that auch wou? - 1 be the cise* \r3enic tri-oxids la r> rob ably the most tftooltttblt of my o j 11 wel* known ^oiaona xnfl is ' 'iffuaibility dsnsnds it] I) 'ubiety o: t 1 ' stance, It li probable th vt nost-raorttt I r 5 if fv.nl on would tVe oi ->.ce -»ve • mop - readily t'.* m iraenic. • vl o' • _• on. i^.iofl b;; o: ^rl -nt 'ad© by : cCrafil on Reeae'a Toxicology, ( -^con edition) •-©sir" os ar eerie n^v.ition a corro -ive sublll lit tad tort*r o; >tic wer»e i j?cv ' into t T - ^ o: •/• chs of dona and eats. bodies werr- t! en v iricd ♦ >, r mmI V t*sfe»« After thre- wee* I burial the -^ison In nc 1 ctse fas fliseov -^r- ' c* e;:lcol anal- ysis In the llvef coleen a- id! left I " !n- :* Bo t v e auT^fice o. t^ese organs colopsd onofts of the sulphides, or t 1 e various •.*;et%l« were found. ifter» six and Seven •©#! a rial tl 9 colored aul^hides tere more widely di-;triouted, »iop ni on both aidee o/ t>© botli kidneys oil the antesti >ej -.ceheniic 1 ITMljSl l»* all •al*d the jv i io in t^e ibove ir nsi ^lthoivh »ri:..e" N * " nr to fhs m? t-nortfcn flif rations ^ith offci tasfifl hive not been P»oo*»dsdt there i^ no doubt t: it Stella* Hffur-ionJ would occur* in the oaa( of th* sths* ninsral - ■ 5 ^-.. t - p - > , . ; • t , n . , . , ^ £ to ?/>ice ! *s=c=s- 1 v»f it b"tr oi in ■ . ' " soluble tha • th 'o nee.- -i ; ^na, ist WOftHi lffusinn w ould doabtler. cur if V • nec 1 -iry clrcuv.stanOM werr ^resent. Owlo/» however- to t v ^ mlnu.ten'" l otf thr fotal "'one of nost of H m pni 0- n thin cl^na and the rent difficulty of the ae' .ntlon ■ t 1 ■> tir uec md ibsolutelj c ••t/.i 1 d tection pt these an ill q intitiea t the mention in relvti n to then will P*Q ibly not b<* one of very ouch nractisal irrrortancp. ?hs effect v" the scientific TxctB d<»tAi1^" >bov~ on t* r» cueation of" evidenco > -ay bo fvirTned u^ l*** tV*? """ol 1 ^wini* orono 1 tio v : I* The discovery by i f any not sen in the br«%in,llver f kidneya,muaclea and other organs in not suffi- cient evidence that the ^oisoo wis administered during the lifetime? of the d,--ce used. H-In all eases In which the chemical analysts la t* e evi- IC o cut. io t to v -rov« alleged nolson could not Vive be^o nls#sd In \ny civ- ity of V. -ft body o>" in cont ct externa"! HI. In c t •■■ the stne noison that in alleged to have cassed t? ' h:Vf1 bern ir »Jectf>d into the body in the . c ,* 3 , : of ^.bO.r. - trig *he value of the c^nlcil evidence in «ntin^ y r;tro---« - md even in those oases in ^Mc 1 the oolaon injected la differ., ent iro the on" ° lo— t ■- h-tve rroduced de ^.th f neve rthe 1 e so ths strength of the 'evidence ifforded by the ehemloil detection of the allied -oinon win be ar* tly weakened The indl f 5crii:iinite use of embalming fluid contoi.i ->r senic md other fluids la a practice sailing for the nost se- vers ensure md should b» ^rohibit-d by law. The i\»erofce undertaker la -ibout thft moot stupid tvld ignor- ant l'v'ivl'' nl i - tVe» tvl uu A1 xrp oomaunits nd ^ovl^r Tinned the ua<° <-»f a ming oyri ifp his first 1*3 to "nincture tt-e Vbdonen lion of arne^lc. In t^e case mentl isd bov- mroce*vi of the taier«Cnet:« Lsoo.thia vra-: donf t-.o. ^ our - Oft-^r eatV ~ir h^^o M f o hncW V i " OT^nwn ,i Juch nractices destroy ©vldence ->f erirr.e --f fectu-i"» 1 ■ would cremation. ?h© only object of this so o ailed embal \i « \ n la •• 11 -y — 1 = • • burlil. vit th.' c 1 bo ">c< % o; ' ' ' Just -.-71 bv %\ 113 m of i©* and a rpor»^rly constructed Ice-box m;-: sn:cl ' b ..•»'• •* »" should rroMblt-^d. In tMa con v cf io t'o nr- ft Ion has eti: iris^n •1 ether ths arsenic soinetl] ,es nres^nt In ths r>H might .not have re *.c) -"d tho body thfOUTh thr option of th» p«in n #0l\tlor through th« noil, Tn the Iterhen' • ^oisonl •- cane tried In *iew York in 1" ' this ou^tti n woo raised by the de- fense ind the soil of Gre^n^tood cewetry,th* #o»d and nail a and sere*--; of the Coffin in- 1 the shroud vid lining* fr«r» inaly##d btit no traces of arsenic found. Crin.Law' i .ar.l, •* i ot»* Crfia. Oases i ..•.■ r " _ r Msj|f feature of thin cv" r r: t* o . }u - . 1 » poison, ars- K nlc , w \s ••'r;' -late"" in - r'o - -ci'v •fitly i case of nature. dis<»\s<*. 1 owevo" \r A no "nrob*lninR M or Inject ions, had been made in t v -^ body the chonle 1 mofvsis furnished evidence that convicte the nolrjoner -ho was accord- 1 r 1 :■' cur ■ ■ ■. flic Vaeoges the soil ootttalns a considerable tmawit of arsenic Hid the cewetrles in thene countrlAi *m»4 ^,„ or . . arsenic bearing soil the subject has received considerable attention from European '.i.o::icolo£iota. Comntos ^cnrlu ICO, 1330 Jharesbonetite fdr iharmace Toxocolopist vol. for irr.7 p.58f & 5?,7;vol.for lftefc t).5*>.2. The arsenic in the soil is usually if not always oresent as arsenitfof iron or in some combination with calcium, co .nounds. These are insoluble in cold v.'ater and these soils treated with water failed to give up any of the arsenic into solution* Further when a solution of arsenic even of the most soluble forms such as sodium arsenite is Placed in contact *?ith soil the arsenic is fixed by the sill and rendered insoluble. r hen such solutions »re % e thrown on tht soil it was found that the greatest denth to 'vhicl the arsenic ^enetrate ' was ,° of i meter. Therefore it is not Possible for a body to absorb arsenic fro. the 30il by the rercolation of rain tfater even where ar- senic exists in the soil. I t is alr;o so. etimes clairatd by the defense that the ar- senic found in a body may have been administered as an imnur- ity in medicine and accumulate in the organs. It is 'true that arsenic is often prtient ar in i purity in MM drug! , es-eci al- ly in bismuth sub-nitrate. Out of 14 samples analysed by Chit- tenden Wld Loi-:bert only one sample vrac absolutely free from ars- nic. .me r • Jh em. Jour. ? , ? g • I n order to test whether the arsenic would accumulate in the system, a sample of bismuth sub-nitrate .van taken rrhic 1 ^ con- tained .01; 80 of Arsenic trioxide and S&9 grams were fed to a dog during a period of five weaks. The total amount of arsenic tri-oxide thus administered was rr.On milligram.'', and dur- ing the last three weaks he was fed C.38 milligrams As^O^ daily. The dog being killed and .the organs analysed , arsenic was found in the live", spleen, brain and blood in such mere traces as to be unwei'-hable. The stomach contained ?f milligrams As . " larger inteotines contained . rvn.As. " small 1 contained 8.1 11. as. fhlfl shows that arsenic does not accur.iul.ate inthe organs. • hen administered in non Poisonous flvu.rys the arr.enic will ordi- narily be eliminated fror tke body at th^ end of IS days. another ooint worthy of passing notice is V o di ;tributio:i of arr nic in the body after death. As we have seen, In the case of the inj-cti n of the arnenic ifter death it sooner or later reaches -.11 oert.o of the body. It would in all probability be found i.nst abundantly in the narts nearest the 3eat of injecti- on an<' in smallest ruantities in the most distant parts, -nek would also deoend upon the length of time the rrocess of diffusion had been acting, the amount of moisture contained in the tissues and the form o:~ the poison. Concerning the distribution of the roioon '-hen a^iiinlster- ed durinr life md "producing death there has been considerable observation and experiment. In the first nlace in some cases of acute poisoning the poison may be so completely remove 1 by vomiting and purging that it cannot be detected at all by chemical analysis and still be the cause of death. It is believed however that such cases are rare and in fairly rroid acute casrs of acute poison- ing the Poison is found in the Intestinal tract and in the great •frt^rrrr r ^.tin t ^ organs fth.c liver, spleen and Sidneys* In chronic poisoning by arsenic t v e not result? of various investigations seems to be a3 follows: The exnerinents of icolosubof f , ( Archives de I'hysiologie Ho. 5 Aug. ft 3e^ # 1875.) shows that where a realy soluble ars-mite is us*»d that the ar- s^^ic -ossesses a noted selective action towards the brain and swina" 1 core 1 . On the other hand the experiments &f Johnson and Chittenden on dogs, anf 1 observations on seve-^1 casrs of criminal noisoning Aner. Chen. Jour. ",'*T. Hep, Yale Col. Thys. Chen. for 19^4 & 1*R5. Indicate that in case the ars nic has be-n administered in the form of the difficultly insoluble form of arsenic tM-oxl.de that vry little is found in the brain, only the merest trices in moat instances. A point worthy of notice in connection with arsenic poison- ing la a source of error lately discovered in the estimation by the i-aresh test method. lyst 17 -^18. Li: big's Anna 1 en for l or ^ , r r > ~,r , In or 'or to facilitate the evolution of hydrogen in the flastf it is the com on practice to add a few d-o^s of nlatnim Chlo- ride. Thii will lead to the retention of r wt tit the -.rsonic in seme way, -por; as .: mi gam ith the reduced plfttlttW* In case the amount of arsenic is very anall it nay all be re- tains . mother discovery of modern science bearing on criminal poiso Bdng is that of the production of fitomalnea during the decnaro;. it ion of animal substances, Theco rtomaines are all a- loidal substances among .vrich so: e resemble some of the vege- table alhaloids by the symptoms they produce; others by their chemical re action, while others again 7/hen present in the same solution mas> the characteristics' actions of vegetable alka- loids. If the detection of a vegetable poison defends on its se-na- rationnfrorn animal tissues in hich decay has begun, it "'ill be readily seen that the existance of these n tor a ins becomes a most ll&poPtant cuestion. In a trial for poisoning in Russia in W: a -ubstance is discovered by the analyst which he claimed to be conine,but Which was pronounced by the distinguished Loxicologist -tto to be neither conino , nicotine or any wget kbit alkaloid -ith 'hich he rrar accua rated, Ciotta obtained from a slightly decomposed body an alkaloid which gave the color and other characteristic reacti -is of stry- c^iine but which was not crystalline and only slightly btttcr. In ths Songoza trial at Oremona Italy, an alkaloid resembling morphine in the reaction was found. Substances resembling atropine, digitaline, viratrine,denhini IS, ehlorijte and nicotine and other vcr blr al'.aloids have been extracted from decomposing animal substances. I t onaines ft Lencomaines, V mghan -ovy. The question ha: arisen in at least two Americ^a cas a s;t:^ Harrir trial in New York City, Oct . lB9l t and the Buchanan trial in the same city in fcpr»1893« In both of these cases medical men were accused of poisoning their wives by morrhine. tn the Harris cast the body was exhumed days after death and Irof. V/itthaas claims to have discovered morphine in the viscera. In the Buchanan case the same chemist claimed to have discover- ed mornhine after the body had been buried days . According to his testimony he had extracted the acidified organs with p*- t Folium ather f bef/SSOle , and amyl alcohol in the order given th en staking them al'-aline extracted with the a me reagents in the 3ame order, .ith the re.-jiduo free) the smyl alcohol extract he obtained reactions which he claimed Indicated morphine* Vaughn as exno^t witness for the defense obtained simi- lar results with in extract of riancreas. In both of these case the accused were convicter : ririnci .1 ly it Is believed, on evidence of bar - ; eharacterSf previous r 1 ^c- larations that "I will kill the old hap 1 ;" :c. iro i i scientific Standpoint the chemical evidence in thesp casos was absolutely worthless. The whole subject of ntomains and wegstable alkaloids in relation to cri Inal poisoning is one r>resenti:v preat diffi- culties and presents a wide field for PC search by toxicolo^ists Sad lep:al chemists. The criminal is nev^r slow to v ail himself of t v e 3 ite t PCSultstie of science and the u e results described above hav^be n in his favor* If the law is still to remain th protection of • •ociety and human life it must a! so apply the latest ind ev> 1 Advancing results of science to the detection of secret crime.