CIRCUMSTANTIAL KVIDENCE, 25 



prisoner, and stated a positive opinion that the symptoms did not 

 necessarily lead to the conclusion that the deceased had taken poi- 

 son, and that the appearances upon dissection explained nothing but 

 putrefaction. This trial has given rise to great diversity of opinion 

 amongst legal and medical men, and the evidence of Mr. Hunter 

 has subjected him to severe animadversion by many of his profes- 

 sional brethren.* 



Dr. Christison thus expresses his opinion upon this memorable 

 case : — " The conclusion at which, in my opinion, every sound me- 

 dical jurist must arrive is, that poisoning in the way supposed was 

 very probable. But I cannot go along with those who think that 

 it was certain ; nor is it possible to see on what grounds such an 

 opinion can be founded, when the general or moral circumstances 

 are excluded.' 't 



This opinion seems to be sound and discriminating. It is clear, 

 from an attentive perusal of the testimony of the professional wit- 

 nesses, that their opinions were not formed upon symptoms and ap- 

 pearances only, but upon those symptoms and appearances joined 

 with other facts and circumstances. Mr. Hunter was much pressed 

 by the counsel for the prosecution, and by the learned judge, to give 

 an opinion grounded upon those mixed elements ; about which, he 

 justly observed, in one of his answers, every man was as good a 

 judge as he was. 



The most decisive and satisfactory evidence of poisoning, is the 

 discovery, by chemical means, of the existence of poison in the body, 

 in the matter ejected from the stomach, or in the food or drink of 

 which the sufferer has partaken. Dr. Christison dissents from the 

 opinion expressed by all German and most French authors in medi- 

 cal jurisprudence, that " poisoning can never be completely substan- 

 tiated unless the particular poison be found out.":}: That broad doc- 

 trine has certainly never been adopted in English jurisprudence ;§ 

 and its adoption would be fraught with danger. Some of the vege- 

 table poisons, at least in the present state of chemical science, scarce- 

 ly admit of that kind of proof ;|| and to require it would be to pro- 

 claim impunity to offenders skilled in medical chemistry. A case of 

 conviction occurred in Scotland, where a servant girl had put some 



" Beck's Elements of MedicalJurisprwlence, 901 ; Christison, On Poisons, p. 

 725 ; The Theory of Presumptive Proof. 

 f Christison, On Poisons, p. 724. 

 .-;: Christison, On Poisons, rrefacc, p. 14. 

 g Rex r. Donellan,w/ supra ; and ]lex ji. Anf^us, w/r«. 

 II Christison, On Poisons. 



VOL. VII., NO. XXI. D 



