CIKCUMSTANTIAL EVIDENCE. 23 



Dr. Christison conceives that, in many instances, both of acute 

 and chronic poisoning with the strong acids, contrary to the general 

 statements of most systematic writers on medical jurisprudence, dis- 

 tinct evidence may be presented from the morbid appearances only.* 

 The effect of these several heads of evidence was much discussed 

 in the memorable case of Captain Donellan, who was convicted at 

 the Warwick Spring Assizes, 17B1, of the murder of his brother- 

 in-law. Sir Theodosius Boughton. The material facts of this case 

 were as follow : — Sir Theodosius Boughton was a young man of 

 fortune, twenty years of age, and in good health and spirits, with 

 the exception of a trifling ailment, for which he occasionally took a 

 laxative draught. His mother and his brother-in-law. Captain 

 Donellan, and his sister, Mrs. Donellan, lived with him. At the 

 awe of twenty-one years Sir Theodosius would have been entitled 

 to a fortune of above £2,000. a year, which, in the event of his 

 dying under that age, would have descended to his sister, Mrs. Do- 

 nellan. Lady Boughton went into her son's room for the purpose 

 of giving him his draught, and remarked that it smelt like bitter 

 almonds. In about two minutes Sir Theodosius struggled very 

 much, as if to keep the medicine down, and Lady Boughton observ- 

 ed a gurgling in his stomach ; in ten minutes he seemed inclined to 

 doze, but in five minutes afterwards she found him with his eyes 

 fixed upwards, his teeth clenched, and froth running out of his 

 mouth ; and within half an hour after taking the draught he died. 

 Lady Boughton ran down stairs to give orders to a servant to go 

 for the apothecary, who lived at Rugby, a distance of three miles, 

 and in less than five minutes the prisoner came into the bed-room ; 

 and after she had given him an account of the manner in which Sir 

 Theodosius had been taken, he asked where the physic bottle was, 

 and she shewed him the two draughts. Donellan then took up one 

 of the bottles and said " Is this it ?" and being answered " Yes" he 

 poured some water out of the water-bottle, which was just by, into 

 the phial, shook it, and then emptied it out into some dirty water 

 which was in a wash-hand basin. Lady Boughton said, "You 

 should not meddle with the bottle ;" upon which the prisoner 

 snatched up the other bottle, and poured water into it, and sliook 

 it, then put his finger to it, and tasted it. Lady Boughton again 

 asked him what he was about, and said he ought not to meddle 



for poisoning liis own child witli sulphuric acid, Edinburgh Medical and Sur- 

 gical Journal, vol. xxii., p. 222. 

 • Clu-istison, On Poisons, 52, 1C!>. 



