Page:Treatise on poisons in relation to medical jurisprudence, physiology, and the practice of physic (IA treatiseonpoison00chriuoft).pdf/48

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The evidence, by which the medical jurist is enabled to pronounce on the existence or non-existence of poisoning in general, and to determine the subordinate questions that relate to it, is derived from five sources,—1, the symptoms during life; 2, the appearances in the dead body; 3, the chemical analysis; 4, experiments and observations on animals; and 5, certain moral circumstances, which are either inseparably interwoven with the medical proof, or cannot be accurately appreciated without medical knowledge.


Section I.Of the Evidence from Symptoms.

Not many years ago it was the custom to decide questions of poisoning from the symptoms only. Till the close of last century, indeed, no other evidence was accounted so infallible: and for the simple reason, that in reality the other branches of evidence were even more imperfectly understood. So lately as 1763, and even in Germany, the solemn opinions of whole colleges were sometimes grounded almost exclusively on the symptoms.[1] About that time, however, doubts began to be entertained of the infallibility of such evidence; these doubts have since assumed gradually a more substantial form; and it is now laid down by every esteemed author in Medical Jurisprudence, that the symptoms, however exquisitely developed, can never justify an opinion in favour of more than high probability.[2] In laying down this doctrine medical jurists appear to me to have injudiciously confounded together actual symptoms with their general characteristics. If the doctrine is to be held as applying to the evidence from symptoms, only so far as they are viewed in questions of general poisoning,—that is, as applying to the general characters merely of the symptoms,—it is deduced from accurate principles. But if it is likewise to be applied, as recent authors have done, to the actual symptoms produced by particular poisons, and in all cases whatever of their action, then it is a rule clearly liable to several important exceptions. These exceptions will be noticed under the heads of the mineral acids, oxalic acid, arsenic, corrosive sublimate, nux vomica, &c. At present it is only the general characters of the symptoms, and the points in which they differ from the general characters of the symptoms of natural disease, that I propose to consider.

The chief characteristics usually ascribed to the symptoms of poisoning considered generally, are, that they commence suddenly and prove rapidly fatal,—that they increase steadily,—that they are uniform in nature throughout their course,—that they begin soon after a meal,—and that they appear while the body is in a state of perfect health.

  1. See an opinion of the Berlin College in Pyl's Repertorium für die gerichtlichen Arzneikunde, i. 244.

  2. Orfila. Médecine-Légale, ii. 360.
    Henke. Lehrbuch der gerichtlichen Medizin, 448.
    Tortosa. Istituzioni di Medicina Forense, ii. 86.
    Beck's Medical Jurisprudence, 419.