was no pretext whatever for supposing suicide; that the inflammatory state of the stomach and bowels supplied strong probability of poisoning with arsenic, but not certain evidence; that acute gastritis from natural causes is always attended with constipation; that the deceased presented symptoms of stupor and other signs of derangement of the nervous system remarked in rapid cases of poisoning with arsenic; that cholera is very rare at the end of November, the season when this incident occurred; and that the poison might well be discharged by vomiting. Although all the prisoner's statements in defence were contradicted by satisfactory proof, and the medical evidence of poisoning was supported by a chain of the strongest general circumstances, the crime was considered by the court as not fully proved, because the prisoner could not be induced to confess, and because poison was not actually detected in the body. But on account of the very strong probability of his guilt, he was, in conformity with the strange practice of German courts in the like cases, condemned to fifteen years' imprisonment.[1] In this instance—considering the kind of symptoms, their commencement during a meal, the rapidity of death, the signs of violent inflammation in the stomach after so short an illness, and the facility with which the absence of poison in the contents of the stomach may be accounted for, more especially if it be supposed that the poison was administered in solution,—I consider the medical evidence of death by poisoning so very strong, that, the general evidence being also extremely strong, the prisoner's guilt was fully demonstrated.
A case of the same kind, but of still greater interest, is that of Mary Anne M'Conkey, who was tried at the Monaghan Assizes in 1841 for the murder of her husband. I am indebted for the particulars to Dr. Geoghegan, one of the principal Crown witnesses. The prisoner who had been too intimate with another man, and had been heard to express her intention of getting rid of her husband, was observed one day before dinner to separate some greens for him from the plateful intended for the rest of the family. None of the latter suffered at all. But her husband was taken violently ill immediately after dinner, and died; and a neighbour accidentally present, who partook, though sparingly, of the same dish with him, was also similarly and violently affected but recovered. The deceased before finishing the greens said they had a disagreeable sharp taste, and was seized soon after with burning at the heart, tenderness at the pit of the stomach, vomiting, coldness, a sense of biting in the tongue and tingling through the whole flesh, excessive restlessness, occasional incoherence, locked-jaw, clenching of the hands, and frothing at the mouth; and he expired three hours after the meal. His neighbour, two minutes after finishing his greens, experienced a sense of pricking in the mouth and burning in the throat, gullet, and stomach; then salivation, a feeling of swelling in the face without actual fulness, general numbness and creeping in the skin; next excessive
- ↑ Marx, die Lehre von den Giften, i. ii. 429, from Hitzig's Zeitschrift für die Criminal-Rechts-Pflege, I. i. 1.
