254

ECCHYMOSIS NOT ALWAYS PRODUCED BY BLOWS.

mott Tidy, vol. 1, Phila. Ed., 1882, p. 75 et. seq. The important fact is that they constantly occur in dead bodies after death, and that they so closely resemble the ecchymosis produced by bruises upon the living body and also after death, as frequently to be mistaken the one for the other.]

[After putrefaction has set in, and when the tissues have become soft and the blood easily diffused, the difficulty of distinguishing the one from the other increases.

The table and illustrations given by Tidy, 78-81, well define the distinguishing characteristics of each, and illustrate how the skilled observer can discriminate between them. Vid., also " Extravasation of Blood," by J. Mitchell Bruce, in Quain's Dictionary of Medicine.]

It was long since remarked by Portal that the spleen had been found ruptured from blows or falls, without any ecchymosis or abrasion of the skin appearing in the region struck. This has been also observed in respect to ruptures of the stomach, intestines, and urinary bladder, from violence directly applied to the abdomen. Portal supposed that the mechanical impulse was simply transferred through the supple parietes (or walls) of the abdomen to the viscera behind, as in the striking of a bladder filled with water. Whether this be the true explanation or not, it is quite certain that the small vessels of the skin often escape rupture from a sudden blow, so that their contents are not effused. A case is reported by Henke, in which a laboring man died some hours after fighting with another, and on an inspection of the body the peritoneum was found extensively inflamed, owing to an escape of the contents of the small intestines, which had been ruptured to a considerable extent. There was, however, no ecchymosis or mark on the skin externally, and the medical inspectors were inclined to affirm, contrary in this case to direct evidence, that no blow could have been struck; but others of greater experience were appealed to, who at once admitted that the laceration of the intestines might have been caused by a blow, even although there was no appearance of violence externally. Watson states that a girl, aged nine, received a smart blow upon the abdomen from a stone. She immediately complained of great pain; collapse ensued, and she died in twenty-one hours. On inspection there was no mark of injury externally, but the ileum (small intestines) was found ruptured, its contents extravasated, and the peritoneum extensively inflamed. (On Homicide, p. 187.) Williamson met with a case in which a man received a kick on the abdomen from a horse he died in thirty hours from peritonitis. The ileum was found to have been torn completely across in its lower third. There was not the slightest trace of ecchymosis externally-a fact which is the more remarkable since the blow was here struck by a somewhat angular or pointed body, the hoof of a horse. (Med. Gaz., May, 1840. See also Guy's Hosp. Rep., 1865, p. 286.) A man who had been run over by an omnibus was brought into hospital. The wheel had gone over his chest and abdomen, but on admission no injury was discoverable. On the second day peritonitis set in, from which he rapidly sank. The liver and the small intestines were found ruptured. (Guy's Hosp. Gaz., 1873.) Many other cases might be adduced in support of the statement that ecchymosis is not a necessary or constant result of a severe blow or severe bruising violence; but these sufficiently establish the fact. This medicolegal question frequently arises in cases in which the bladder or liver is ruptured, as, owing to the general absence of marks of violence, it is often alleged in defence that no blow or kick could have been inflicted on this part of the abdomen. It is unnecessary to say that this view is not in accordance with facts. (See Ruptures of the Heart, Liver, Spine, and Intestines, post.)

EVIDENCE OF THE USE OF A WEAPON.

255

CHAPTER XXIV.

EVIDENCE OF THE USE OF A WEAPON.-CHARACTERS OF WOUNDS CAUSED BY WEAPONS.-INCISED, PUNCTURED, LACERATED, AND CONTUSED WOUNDS.-STABS AND CUTS.-WHAT ARE WEAPONS ?-EXAMINATION OF THE DRESS.-IMPuted or selF-INFLICTED WOUNDS.

Evidence of the Use of a Weapon.-It is not necessary to prove that a weapon has been used for the production of a wound, for the words of the statute are: "Whoever shall, by any means whatsoever, wound or cause any grievous bodily harm to a person," etc.; yet evidence of the use of a weapon in cases of assault may materially affect the amount of punishment awarded on conviction. When, upon the clearest evidence, it is certain that a weapon has been used, it is not unusual for prisoners to declare that no weapon was employed by them, but that the wound had been occasioned by accidental circumstances. A witness should remember that he is seldom in a position to swear that a particular weapon produced at a trial must have been used by the prisoner; he is only justified in saying that the wound was caused either by it or by one similar to it. (Reg. v. Goodale, Norwich Aut. Ass., 1885.) Schwörer relates the following case: A man was stabbed by another in the face, and a knife with the blade entire was brought forward as circumstantial evidence against him, the surgeon having stated that the wound had been caused by this knife. The wounded person recovered; but a year afterwards an abscess formed in his face, and the broken point of the real weapon was discharged from it. The wound could not, therefore, have been produced by the knife which was brought forward as evidence against the prisoner at the trial. (Lehre von dem Kindermorde.) Although the criminality of an act is not affected by an occurrence of this kind, it is advisable that such mistakes should be avoided by the use of proper caution on the part of a witness. (On this question see the case of Renaud, by Boys de Loury, Ann. d'Hyg., 1839, t. 11, p. 170. As to what is a weapon, see Henke, Zeitschrift der S. A., 1844, vol. 1, p. 67.)

Characters of Wounds produced by Weapons.-Let us now suppose that no weapon is discovered, and that the opinion of a witness is to be founded only on an examination of a wound. It is right for him to know that, on all criminal trials, considerable importance is attached by the law to the fact of a wound having been caused by the use of a weapon; since this generally implies malice, and in most cases a greater desire to injure the party assailed than the mere employment of manual force. Some wounds, such as cuts and stabs, at once indicate that they must have been produced by weapons.

1. Incised Wounds.-In incised wounds, the sharpness of the instrument may be inferred from the cleanness and regularity with which the edges are cut; in stabs, also, the form and depth of a wound will often indicate the kind of weapon employed. Stabs sometimes have the characters of incised punctures, one or both extremities of the wound being cleanly cut, according to whether the weapon is single or double-edged.

256

ment.

LACERATED WOUNDS CAUSED BY EXPLOSION.

Dupuytren has remarked that such stabs, owing to the elasticity of the skin, are apparently smaller than the weapon-a point to be remembered in instituting a comparison between the size of a wound and the instruA lateral motion of the weapon may, however, cause a considerable enlargement of the wound. (See case Ann. d'Hyg., 1847, t. 1, p. 400.) When a stab has traversed the body, the aperture of entrance is commonly larger than that of exit; and its edges, contrary to what might be supposed, are sometimes everted, owing to the rapid withdrawal of the instrument. That facts of this kind should be available as evidence, it is necessary that the body should be seen soon after the infliction of the wound, and before there has been any interference with it.

In general, wounds made by glass or earthenware are characterized by their great irregularity and the unevenness of their edges. In Reg. v. Ankers (Warwick Lent Ass., 1845), a clean cut as from a penknife, about two inches long and one deep, was proved to have existed on the person of the wounded man, who had fallen during a quarrel with the prisoner. Some broken crockery was lying near the spot, and it was alleged in the defence that a fall upon this had caused the wound. This allegation was quite inconsistent with the clean and even appearance of the edges of the wound. The prisoner, in whose possession a penknife had been found, was convicted.

[(Caused by Explosion).-Prof. Robert C. Kedzie, of the Agricultural College of Michigan, reported a remarkable case to the International Medico-Legal Congress of 1893 (Chicago, Ill.), where death resulted from the explosion of a kerosene oil lamp in fact, but the deceased supposed that she was the victim of a murderous assault, and so stated in her dying declaration when brought face to face with the accused. The victim believed that the accused had entered the room while she was asleep, had assaulted her, broken the lamp and poured the kerosene oil on her clothing and set her on fire. The question on the trial was whether the lamp had exploded or been broken by a blow from without. Dr. Kedzie's experiments and evidence saved an innocent woman's life, where all the circumstances indicated guilt and the positive statements of the dying woman corroborated that theory. Dr. Kedzie says: "In this investigation, the conchoidal fracture of glass, so different from the cleavage of crystalline substances, materially assists in reaching conclusions. But the subject needs to be studied from the standpoint of that part of the body that resists motion and remains fixed, such as the pedestal of the lamp. If a bullet is fired through a pane of glass, it is easy to determine the direction in which the bullet moved by examining the fractured surface left behind; a sharp edge is left upon that surface of the glass toward which the bullet was moving, and a rounded surface of fracture on the side from which the bullet moved. The example before you shows this principle clearly. This is satisfactorily studied by taking a narrow slip of glass, nicking the edge by a file mark, holding the glass slip on a table with the nick opposite the edge of the table, and breaking off the projecting portion by downward pressure on the projecting portion. The glass securely held on the table is the part which is fixed, or resists motion, and the upper edge of the fracture, in all cases, will be sharp, and the lower edge rounded and free from sharp cutting edge. A very good example is furnished by this broken receiver of an air-pump, which was fractured by fragments of a glass-plate crushed in by air-pressure upon exhausting the receiver. You recognize the fact that the glass-receiver was broken by a blow from within, and that the sharp edge is internal." By exploding a number of glass lamps with small charges of gunpowder, the lamps being partly filled with water to secure physical conditions similar to

LACERATED AND CONTUSED WOUNDS.

257

those of a kerosene lamp that had been burning for a few hours, opportunity was afforded to see the condition of a lamp after a "kerosene explosion." If the charge of gunpowder was sufficient to explode the lamp without demolishing it, the results were similar in all cases, though not identicalthe sharp cutting edge being internal, and the conchoidal surface external. He exhibited a lamp exploded in this way, and these conditions were observed in the fractured surface. The lamp exhibited in court showed the same characteristic lines of fracture. "An exploded lamp was placed beside the lamp of the tragedy,' and it was difficult to distinguish one from the other, the lines of fracture being almost identical, and the conviction that the lamp in the house of Mrs. C. had exploded was irresistible. Such testimony of natural law, without passion and without prejudice, speaks with an authority that does not belong to human evidence. The prisoner was acquitted."]

2. Punctured Wounds.-It is necessary to notice whether the edges of a punctured wound are lacerated and irregular, or incised; because it may be alleged, in defence, that the wound was produced by a fall on some substance capable of causing an injury somewhat resembling it. In a case that occurred to Watson, a deeply-penetrating wound on the genital organs of the deceased, which had evidently caused the woman's death, was ascribed, by the prisoners charged with the murder, to her having fallen on some broken glass; but it was proved that the edges of the wound were bounded everywhere by clean incisions, which rendered this defence inconsistent, if not impossible. A similar defence has been made on other occasions, where the cases came to trial. In general, wounds made by glass or earthenware are characterized by their great irregularity and the unevenness of their edges, with portions of the substance in them. Cases of this kind show that, as it is not always possible to know when this sort of defence may be raised, a medical witness should never fail to make a minute examination of a wound which is suspected to have been criminally inflicted. These medical difficulties are now for the most part removed by the 24 & 25 Vict., c. 100. This must not, however, lead the witness to suppose that a personal injury is not to be carefully examined with a view to the determination of this question.

3. Lacerated and Contused Wounds.-Lacerated wounds do not in general present greater difficulty with regard to their origin than those which are incised or punctured. The means which produced the laceration are commonly well indicated by the appearance of the wound. These injuries are generally the result of accident; they are, however, frequently met with on the bodies of newborn children, in which case they may give rise to a charge of infanticide. If it could be proved that they had arisen from the use of a weapon, and that the weapon fitted the wounds, these facts would, of course, go far to a conviction on a charge of murder. In the case of Montgomery (Omagh Sum. Ass., 1873), it was proved that a bill-hook, found buried in a spot to which the prisoner was seen to go, fitted the injuries produced on the skull of the deceased, and this piece of evidence served to connect the prisoner and the weapon with the act of murder, which took place in a dwelling-house. (See p. 279, post.)

Contused wounds and severe contusions present much greater difficulty to a medical jurist. It is not often in his power to say whether a contused wound has resulted from the use of a weapon, from a blow of the fist, or a fall, by reason of the deceased having accidentally fallen against some hard surface. The question is frequently put to medical witnesses on those trials for manslaughter which arise out of the pugilistic combats of

258

LACERATED AND CONTUSED WOUNDS.

half-drunken men. One of the combatants is generally killed, either by a blow on the head, by a fall, or by both kinds of violence combined. The skull may or may not be fractured; and the person may die of concussion, inflammation of the brain, or from effusion of blood. The general defence is that the deceased struck his head against some hard substance in falling on the ground, and a surgeon is asked whether the particular appearances might not be explained on the supposition of a fall. A medical witness is rarely in a position to swear with certainty that a contused wound of the head must have been produced by a weapon and not by a fall. (Reg. v. Budd, Kingston Lent Ass., 1868.) Some circumstances, however, may occasionally enable him to form an opinion on this point. If there are contused wounds on several parts of the head, with copious effusion of blood beneath the skin, the presumption is that a weapon must have been used. If the marks of violence are on the summit of the head, it is highly probable that they have been caused by a weapon, since this is not commonly a part which can receive injury from a fall. So again, if sand, gravel, grass, or other substances be found in a contused wound, this will render it highly probable that the injury was really caused by a fall.

It matters not, under the statute on wounding, whether the wound was produced directly by a weapon employed by an assailant, or indirectly by any act of violence on his part. A man may fracture the skull of another, either by striking him with a brick, or by striking him with his fist and thus causing him to fall against a brick. Acquittals formerly took place upon technicalities of this kind (Law Times, March 21, 1846, p. 501); but in Reg. v. Dodd (Shrewsbury Sum. Ass., 1853), Coleridge, J., expressed a strong opinion against the distinction thus made. The prisoner, it was alleged, threw a stone at the deceased, who immediately fell on a stone floor. The deceased was able to go about for several days, but he died, a week after he had sustained the violence, from inflammation of the brain, as a result of fracture of the skull. The medical witness ascribed the fracture to a blow from a stone. In the defence, it was urged that the fracture might just as well have arisen from a fall on a stone floor. Coleridge, J., held, if the prisoner knocked the deceased down, that it would make no difference whether the deceased died from a fall on a stone floor or from an injury produced by the stone which was thrown at him.

A doubt may arise whether a weapon has or has not been used in reference to lacerated or contused wounds. Contused wounds on bony surfaces, as on the head (e. g., the wound inflicted by the blow of a cricketball), sometimes present the appearance of incised wounds, the skin being evenly separated. When a wound is recent, a careful examination will generally enable a witness to form a correct opinion, but if some time has elapsed before a wound is examined, great caution will be required in forming a judgment.

In 1853, Hancock was enabled by the careful examination of a wound to disprove a charge of maliciously wounding made against innocent persons. A little girl was represented to have received, while sitting over an iron grating, a wound in the pudendum, by some persons pushing a toasting-fork, or other pointed instrument, between the bars of the grating from below. There were no marks of punctures, which would have been found had this statement been true, but a slight laceration of the parts, such as might have been produced by an accidental fall on the edge of the iron grating while the girl was in a sitting position. There