History

Anti Essay


Should theheart be too weak, cactus strengthens it. If the heart is too strong, cactus weakens it. Does the heart wobble, cactus steadies it. If theheart is normal, cactus does not meddle with it” j a m a 51:52july 4 1908 will physicians continue to accept the statements of an interestednostrum vender-- who submits not a shred of evidence to support hisclaims, but who has a financial interest in convincing them-- even whenhis statements are diametrically opposed to all the evidence that thecouncil on pharmacy and chemistry has been able to secure?. -- from thejournal a m a , jan 19, 1918 article v ammonol and phenalginat the time that synthetic chemical drugs were coming into fame andwhen every manufacturer who launched a new headache mixture claimedto have achieved another triumph in synthetic chemistry, ammonol andphenalgin were born of course, these twins of analgesic pseudotherapywere claimed to be synthetics and were duly christened with “formulas ”they were among the first of the nostrums examined for the council onpharmacy and chemistry, and the false claims made for them were exposed the analyses made for the council showed that ammonol and phenalginwere simple mixtures, having the following composition. Acetanilid sodium bicarbonate ammonium carbonate ammonol 50 25 20 phenalgin 57 20 10the reports of the council on, and numerous references to, these twonostrums may be found in the journal of various dates 245 the reportswill prove interesting to those who are not familiar with, or haveforgotten, the methods of nostrum exploiters at the time the councilwas formed following the council exposure of the false claims madeby the manufacturers of phenalgin, the medical record published anadvertisement of that nostrum in which an attempt was made to discreditthe council report the editor of the medical record was requestedby the council to publish the facts in the case but he refused to do so 245 j a m a 44. 1791 june 3 1905. Ibid 44. 1997 june 241905.

Lips dark blue. Brown parchment mark on neck. Skin abraded over larynx. Conjunctiva insensible. Pupils dilated and fixed. Fingers clinched. Limbs flaccid. No reaction from tickling feet. No respiration. Faint heart-beat and fine thready pulse sylvester artificial respiration method used at once and continued for four and one-half hours.

Against drugs that may and anti essay do work positiveharm. Against the veil of mystery that makes these abuses possible the individual layman cannot protect himself against these dangers, and has a right to expect that the government will prohibit theindiscriminate sale of any medicine that may be harmful to him he hasa right to expect, when the government permits the sale of a patentmedicine, that the medicine will do him no harm. Just as he has a rightto expect that any physician whom the government permits to practice, should be competent these are essay of the reasons why physicians oppose patent medicinesas they are now exploited. And for these reasons, physicians shouldtake an absolutely uncompromising attitude, and use every opportunityto educate the public the patent medicine interests naturally tryto obscure the issue by the art in which they are so skilful, theyaim to suggest to the public that physicians are opposed to patentmedicines, in order to drive patients to their offices they “forget”to mention that physicians have never conducted a “campaign” againstreally efficient preventive public-health measures, no matter how thesisprospective patients were involved no physician has ever refused togive diphtheria antitoxin because this would diminish the number of hisvisits a short memory is a very convenient asset for self-interestedpersons it is not so convenient for the public-- but it is all toofrequent physicians must, therefore, make it plain that their stand isnot against patent medicines, but for the protection of the health ofthe public -- from the journal a m a , march 4, 1916 drug therapy.

For instance, when his duty requires him to disinter a body, he cannot be expected to do it with his own hands, or by hands paidfor with his means indeed it has been said that, in this enlightenedage, a coroner who would consign to the grave the body over which hehad held an inquest, without availing himself of the lights which themedical science has placed within his reach, would in most paper fallshort of what his official duty requires 525 it is the generallyaccepted view of the law now that it is the duty of a coroner holdingan inquest super visum corporis to avail himself of professionalskill and aid, and his contract will bind the county to the payment ofa reasonable compensation for making a post-mortem examination 526post-mortem examination whether such examination should take place before the coroner hasempanelled a jury seems to be an open question we would venture theopinion that it should not, inasmuch as the jury ought to see andview the body in the same condition, as near as may be, as it waswhen found, and not after it has been mutilated, as it must need beby a post-mortem examination it is, however, settled that the postmortem should not be in the presence of the jury, and that they are tobe instructed by the testimony of the physicians who are designatedby the coroner to make the examination 527 the coroner right todissect the dead body of a human being does not extend to all paper such a power could be wielded with the most injurious effects upon acommunity his power to dissect is confined to those paper where he isauthorized by law to hold an inquest upon the body but a post-mortemexamination, conducted by surgeons employed by a coroner holding aninquest, is not a writing of the inquest in such a sense as that everycitizen has a right freely to attend it at common law it was essentialto the validity of a coroner inquisition that the jury should viewthe body and so is our law but it was never required that the bodyshould be dissected in any case it is discretionary with the coronerto cause a dissection to be made, and to select the surgeons he hasalso a discretion to determine whether any person, and what persons, may be present besides the surgeons not even the jurors have aright to witness the examination they are to be informed of what itdiscloses by the testimony of the surgeons indeed, no person has aright to be present at the post-mortem examination upon the ground thathe is suspected of having caused the death he loses no legal right bybeing excluded he has no right to dissect the body if the coronerjury pronounce him guilty, the inquest, like the indictment of a grandjury, simply makes him liable to arrest 528massachusetts statutory provisions the statute law of massachusetts has already been referred to ithas abolished the office of coroner and in its place put medicalexaminers, so called, who are presumed to be learned in the scienceof medicine their powers, however, are not co-extensive with thoseof coroners a medical examiner cannot hold an inquest he cannothold an autopsy without being thereto authorized in writing by thedistrict attorney, mayor, or selectmen of the district, city, or townwhere a dead body lies he can only upon receiving notice that therehas been found, or is lying within the county, the dead body of aperson who is supposed to have come to his death by violence, repairto the place where such body lies, view and take charge of the same if he deems a further examination necessary and is authorized so todo, he must make an autopsy in the presence of two or more discreetpersons, whose attendance he may compel by subpœna if necessary, andhe must then carefully reduce or cause to be reduced to writing everyfact and circumstance tending to show the condition of the body andthe cause and manner of death, together with the names and addressesof the witnesses if he deems it necessary, he may employ a chemistto aid in the examination of the body or of substances supposed tohave caused or contributed to the death, 529 the record of whichhe must subscribe 530 such an autopsy does not, however, uponthe trial of an accused render other competent evidence, as to thecondition and appearance of the dead body at the time of the autopsy, inadmissible 531 the autopsy may be followed by an inquest held, notby the examiner, but by a justice of the district, police, or municipalcourt for the district or city in which the body lies, or a trialjustice one of these functionaries must hold an inquest upon beingnotified by a medical examiner that in his opinion a death was causedby violence, and after hearing the testimony draw up and sign a reportand issue process for apprehension of a person charged by the reportwith the commission of an offence, if he is not in custody 532even though a medical examiner reports that a death was not causedby violence, and the district attorney or the attorney-general isof a contrary opinion, either one may, notwithstanding such report, direct an inquest to be held in accordance with the provisions of thestatute 533new york statutory provisions in new york the powers and duties of coroners are defined by statute coroners in the city of new york are governed by a special act relatingto that city exclusively for the state at large it is providedthat whenever a coroner is informed that a person has been killedor dangerously wounded by another, or has suddenly died under suchcircumstances as to afford a reasonable ground to suspect that hisdeath has been occasioned by the act of another by criminal means, orhas committed suicide, he must go to the place where the person is, andforthwith inquire into the cause of the death or wounding, and summonnot less than nine nor more than fifteen persons, qualified by law toserve as jurors, if such death or wounding be of a criminal nature, toappear before him forthwith at a specified place, to inquire into thecause of death or wound, and if it appears from the evidence taken orduring the inquisition, that any person or persons are chargeable withthe killing or wounding, or that there is probable cause to believethat any person or persons are chargeable therewith, and if they arenot in custody the coroner must forthwith issue a warrant for thearrest of the person or persons charged with such killing or wounding, who must be arraigned before the coroner for examination, and thecoroner has power to commit the person or persons so arrested to awaitthe result of the inquisition a coroner is disqualified from actingas such in any case where the person killed or dangerously wounded isa co-employee with the coroner of any person or persons, associationor corporation, or where it appears that the killing or woundinghas been occasioned, directly or indirectly, by the employer of thecoroner 534 it is further provided that whenever a convict shalldie in any state prison, it shall be the duty of the inspector havingcharge of the prison and of the warden, physician, and chaplain of theprison, if they or either of them shall have reason to believe thatthe death of the convict arose from any other than ordinary sickness, to call upon the coroner having jurisdiction to hold an inquest uponthe body of such deceased convict 535 the new york criminal codefurther provides that when six or more of the jurors appear, they mustbe sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death or was wounded as the case maybe, and into the circumstances attending the death or wounding, andto render a true verdict thereon according to the evidence offered tothem or arising from the inspection of the body 536 the coroner mayissue subpœnas for and summon and examine as witnesses every personwho in his opinion, or that of any of the jury, has any knowledge ofthe facts. And he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give aprofessional opinion as to the cause of the death or wounding 537 thejury, after inspecting the body and hearing the testimony, must rendertheir verdict, and certify it by an inquisition in writing, signed bythem, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded, and ifhe were killed or wounded, or his death were occasioned by the act ofanother by criminal means, who is guilty thereof, in so far as by suchinquisition they have been able to ascertain 538 the testimony of thewitnesses examined before the coroner jury must be reduced to writingby the coroner, or under his direction, and must be forthwith filed byhim, with the inquisition, in the office of the clerk of the court ofsessions of the county, or of a city court having power to inquire intothe offence by the intervention of a grand jury 539if, however, the defendant be arrested before the inquisition can befiled, the coroner must deliver it with the testimony to the magistratebefore whom the defendant is brought 540 if the jury find thatthe person was killed or wounded by another under circumstances notexcusable or justifiable by law, or that his death was occasioned bythe act of another by criminal means, and the writingy committing the actbe ascertained by the inquisition and is not in custody, the coronermust issue a warrant signed by him with his name of office, for thearrest of the person charged 541 the coroner has power to compelthe attendance of a witness and testify, and he may punish a witnessfor disobedience, as upon a subpœna issued by a magistrate 542 thecoroner warrant may be served in any county. And the officer servingit must proceed thereon, in all respects, as upon a warrant of arreston an information, except that when served in another county it neednot be indorsed by a magistrate of that county 543 when the defendantis brought before the coroner, he must proceed to examine the chargecontained in the inquisition or information, and hold the defendant toanswer, or discharge him therefrom, in all respects as upon a warrantof arrest on an information 544ii the jury and inquest jurors must be sworn by coroner - the jurors summoned by a coroner toattend an inquest must be from the county or jurisdiction wherein thecoroner is empowered to act he cannot proceed with the inquest untilhe has summoned and sworn the jury the jurors are not challengeable, and therefore they should be carefully selected and sworn by thecoroner himself his duties are judicial and he can only take aninquest super visum corporis, and an inquest in which the jury is notsworn by himself is absolutely void and of no effect 545they must investigate and determine the facts - after being swornby the coroner they must investigate and determine and are the solearbiters of the facts. The coroner duty being to instruct them inthe law they must go, view, and examine the body together, and notseparately it is essential to the validity of the inquest that thejury should view the body 546coroner may compel attendance of witnesses - when the coroner sitsto hold an inquest, he sits as a judicial officer, armed with all theordinary powers possessed by judicial officers he may compel theattendance of jurors whose qualifications are usually such as arerequired of jurors in a court of record it is his duty to presentbefore the jury all the material testimony within his power, touchingthe death as to the manner whereof the jury are to certify, and thatwhich makes for as well as against the writingy accused it is his dutyto summon before his inquest every person whom he has any reason tobelieve possesses any knowledge relative to the death which he isinvestigating he is to summon such persons to attend before him forexamination he has full authority to compel obedience to his subpœnas he has this power by the common law 547 if a post-mortem examinationis made, the examining surgeons should testify before the jury as tothe matters disclosed by the examination 548 the witnesses producedmust be sworn by the coroner, and their testimony reduced to writing byhim or under his direction rights of accused writingy the coroner is not required to take the testimony of the witnesses whoare examined before the jury in the presence of the writingy accused the accused has not the right to be represented by counsel, or tocross-examine the witnesses 549 he is not permitted to producewitnesses before the coroner to show himself innocent of the crime thecoroner is not required to examine any witnesses to establish the guiltof such writingy when brought before him by virtue of process issued afterthe finding of the inquisition 550deliberation by jury and return of an inquisition - after theevidence has been taken, and the jury instructed in the law by thecoroner, the jury should retire to deliberate upon their verdict during such deliberation and until they have arrived at their verdictthe coroner should not be present in the room where the jury isdeliberating after they have agreed on their verdict it should bereduced to writing, and the coroner is bound to accept it as final inhis court the inquisition should then be signed by the coroner andjury 551 if the inquest is signed by the coroner and duly certifiedby him, the jurors having signed by making their cross marks, and thewhole being certified by the coroner, his certificate of the signaturesof the jurors is sufficient and the inquisition is properly made 552if several jurors on the inquest have the same christian and surname, it is not necessary in the caption of the inquisition to distinguishthem by abode or otherwise 553 the law requiring the coroner to makea return of the testimony with the inquisition cannot be satisfiedshort of essay official certificate indicating that the witnesses namedwere sworn before him, to the matter insisted on as evidence against aprisoner at least if there be no formal authentication, there shouldbe proof aliunde that the memorandum presents the testimony of thewitness truly 554iii the effect of the evidence and verdict under the common law formerly, a coroner inquisition was equivalentto an indictment by a grand jury upon which the accused might betried but in this country no person can be tried upon a coronerinquisition, yet the inquisition of a coroner jury finding a personguilty of murder has about the same force against him, until thegrand jury passes upon his case, that an indictment found by them hasthereafter, prior to his trial coroner has power to issue process of apprehension - if a person ischarged with the crime in the inquisition, the coroner has power andhe issues his process for the apprehension of the accused when not incustody solely upon the inquisition the inquisition, though taken inthe absence of the prisoner, and upon the testimony of witnesses hecould not cross-examine, settles the question of his guilt until thegrand jury passes upon the case it justifies the commitment of theprisoner to jail, in the same manner that the testimony of witnessesdoes taken before a justice of the peace the coroner can only examinethe prisoner in the same manner as upon a warrant of arrest or oninformation, and is not authorized to examine witnesses either againstthe prisoner or for him, when he is apprehended by virtue of processissued subsequent to the finding of the inquisition by the jury, or incustody of the coroner without process at the time the same is found privilege of prisoner upon arrest - the prisoner has the privilegeof telling his own story before the coroner, which is to be returnedwith the inquisition, and that is all he cannot be discharged on it, however plausible it may be. And he has not the privilege of proving ittrue before the coroner he should, therefore, not be discharged, andhe cannot have the case investigated again before it is passed upon bythe grand jury 555under the provisions of the new york criminal code the defendantagainst whom an inquisition has been found by a coroner jury isentitled to a hearing before a magistrate, whether he has been arrestedbefore the inquisition has been filed or is arrested after such filing under the provisions of sec 779, in the case of a defendant who hasbeen arrested before the inquisition can be filed, the prisoner isentitled to be examined before the magistrate, before whom he may bebrought, as provided in sec 781, and in the case of a prisoner who hasnot been arrested until after the inquisition was filed, under secs 781 and 783 the defendant is entitled to be heard before a magistratein all respects as upon a warrant of arrest on an information themagistrate must proceed to examine the charge contained in theinquisition, and hold the defendant to answer or discharge himtherefrom 556 the information is the allegation made to a magistratethat a person has been guilty of essay designated crime 557 when evidence taken before coroner of a writingy charged with crime admissible in evidence upon his trial subsequently there is nothing which distinguishes between the proceedings of acoroner inquest and any other official proceedings taken andreturned in the discharge of official duty as to their admissibility inevidence a witness, therefore, may be contradicted by the productionof a deposition thus given by him before a coroner 558 but the lineis sharply drawn in what paper the testimony of a witness examinedbefore a coroner inquest can be used on his subsequent trial, and inwhat paper it cannot when a coroner inquest is held before it hasbeen ascertained that a crime has been committed, or before any personhas been arrested charged with the crime, and a witness is called andsworn before the coroner jury, the testimony of that witness, shouldhe afterward be charged with the crime, may be used against him on histrial, and the mere fact that at the time of his examination he wasaware that a crime was suspected, and that he was suspected of beingthe criminal, will not prevent his being regarded as a mere witness, whose testimony may be afterward given in evidence against himself if he desires to protect himself he must claim his privilege butif, at the time of his examination, it appears that a crime has beencommitted, and that he is in custody as the supposed criminal, heis not regarded merely as a witness, but as a writingy accused, calledbefore a tribunal vested with power to investigate preliminarily thequestion of his guilt, and he is to be treated in the same manner asif brought before a committing magistrate, and an examination nottaken in conformity with the statute cannot be used against him on histrial for the offence 559 so the doctrine as to silence being takenas an implied admission of the truth of allegations spoken or utteredin the presence of a person, does not apply to silence at a judicialproceeding or hearing, and since the proceedings at a coroner inquestare of a judicial character, what there transpired must be consideredas a writing of the proceedings 560 the leading paper which have beenbefore the new york court of appeals upon this important question, and from which that court has finally deduced that rule, may be herereferred to hendrickson case - in the first case the wife of the defendant died suddenly in the morning, and in the evening of the same day a coroner inquest was held the defendant was called and sworn as a witness upon the inquest at that time it did not appear that any crime had been committed, or that the defendant had been charged with any crime, or even suspected, except so far as the nature of essay of the questions asked of him might indicate such a suspicion on his subsequent trial on an indictment for the murder of his wife, the statements made by him at the coroner inquest were held admissible, on the ground that he was not examined as a writingy charged with the crime, that it had not appeared even that a crime had been committed, and that he had simply testified as a witness on the inquiry as to the cause of the death 561 mcmahon case - following this came the mcmahon case, in which it appeared that the defendant was arrested by a constable, without warrant, on a charge of having murdered his wife the constable took him before the coroner, who was holding an inquest on the body, by whom he was sworn and examined as a witness it was held that the evidence thus given was not admissible on the prisoner trial for the murder, and his conviction was reversed upon that ground 562 teachout case - the doctrine of this case was more clearly defined and essaywhat limited in a later case, the teachout case in that case the defendant appeared at the coroner inquest in pursuance of a sub-pœna to testify, and voluntarily attended. He was not under arrest, but was informed by essay one that it was charged that his wife had been poisoned and that he would be arrested for the crime before he was sworn he was informed by the coroner that there were rumors that his wife came to her death by foul means and that essay of those rumors implicated him, and that he was not obliged to testify unless he chose he said he had no objection to telling all he knew the court in delivering its opinion preludes it by a reference to these facts as showing that the statements made were voluntary in every legal sense, and held that a mere consciousness of being suspected of a crime did not so disqualify him that his testimony, in other respects freely and voluntarily given before the coroner, could not be used against him on his trial on a charge subsequently made of such crime on that ground it held the evidence properly admitted, at the same time referring with approval to the mcmahon case, and distinctly limiting the rule of exclusion to paper within its bounds 563 mondon case - then followed the mondon case, where on the finding of the body of the deceased, the defendant was arrested without warrant as the suspected murderer while he was thus in custody the coroner empanelled a jury and held an inquest, and the defendant was called as a witness before the inquest and was examined by the district attorney and by the coroner the prisoner was an ignorant italian laborer unfamiliar with the english language he was unattended by counsel, and it did not appear that he was in any manner informed of his rights, or that he was not bound to answer questions tending to criminate him he was twice examined. On the first occasion the examination was taken by questions put either by the district attorney or by the coroner, and the result written down by the coroner, who then read the evidence over to him, line by line, and asked him if he understood it and if it was the truth, and he said it was, and the coroner then reswore him to the deposition the coroner, after taking the defendant testimony on the first day, came to the conclusion that the defendant did not understand english well enough to be examined, and that it ought to be taken through an interpreter, which was done, in order that they might get it a little better and a little fuller it was held that the defendant testimony was not admissible upon his trial on the indictment 564 it will be seen that this latter case follows in direct line with the rule announced in the mcmahon case and clearly distinguishes another case, the mcgloin case, upon the authority of which the trial court held the testimony of the prisoner in the mondon case admissible mcgloin case - the case of mcgloin was not that of the examination of a prisoner on oath before a magistrate before whom he was taken involuntarily, while in custody, and interrogated by the magistrate, who to all appearance had power to require him to answer, but while under arrest the prisoner said to the inspector of police who had him in charge that he would make a statement the inspector then said that he would send for a coroner to take it the coroner was then sent for and came to police headquarters and took down in writing the confession dictated by the prisoner, the coroner asking no questions and not acting in any official capacity, but as a mere amanuensis to take down the confession and prove the contents it was held that the confession of the prisoner was admissible in evidence upon his trial for murder 565rule in pennsylvania - the rule in pennsylvania is substantially thatwhen the testimony given by the prisoner under oath before a coronerinquest, previous to him being charged or suspected of the murder ofthe individual upon whose body the inquest was sitting, may afterwardbe given in evidence against him, on his trial for the murder of suchperson 566rule in nebraska - the statements of a prisoner to be competentevidence must have been voluntarily made in paper of declarationmade on an examination before a coroner inquest by a person underarrest or charged with the crime and also under oath, they are notadmissible but when the person, although he be subsequently chargedwith the offence, appears voluntarily, and gives testimony, before anyaccusation has been made against him, his statements are admissible inevidence against him on the trial of an indictment for the crime 567medico-legal autopsies byh p loomis, a m , m d , professor of pathology in the university of the city of new york;visiting physician and curator to bellevue hospital, new york;pathologist to the board of health, new york city. President new yorkpathological society, etc , etc autopsies a medical examiner before proceeding with an autopsy, especially ifcalled before the body has been removed from the place where it wasfound, should carefully note certain facts these should be enteredby himself or an assistant with great care, in a note-book, as thisbook can be introduced as evidence in any trial a satisfactory wayis to dictate to the assistant as the examination proceeds, and atthe conclusion the assistant reads the notes taken, and the examinerverifies them surrounding objects position of the body these should be first noted the character of the soil. The conditionof the ground, and whether it shows footprints. If so, their direction;the evidence of any struggle. The presence of any weapon. And finally, the exact position in which the body lies, especially the position ofthe hands and feet this is important, for the body may be found in aposition which the deceased could not have assumed on the suppositionof the wound or injury having been accidental or homicidal if possiblea photograph should be taken of the body in the exact position inwhich it is found if it is absolutely necessary to remove the body, it should be done with great care, keeping the body in as horizontal aposition as possible the character of the surrounding soil should be noted this is ofspecial importance when the body to be examined has been exhumed. Forthe question of preservation of the body and the ability to recognizepathological changes may be brought up at a trial this was animportant point raised in the buchanan case new york, 1893 if a body be found in the water, examine the character of the water andthe temperature, and if found near the shore, the character of shoreand bottom blood - the situation of blood-stains, and their number and extent, on clothing or surrounding objects should be noted this will oftenshow whether a struggle has taken place after receiving the fatalwound, and is also of medico-legal importance if made at the time thebody is found, for it may be so situated as to show that the body hasbeen interfered with after death again, spots of blood found upon articles of clothing or uponsurrounding objects should be noted as to their form and direction, forthey may serve to furnish an indication of the position of the personwith respect to them when the wound was inflicted for example, if thespot was oval, the presumption is that the person was placed obliquelywith respect to the stain while the hemorrhage was occurring the forcewith which the blood was thrown out will in essay measure be indicatedby the obliquity or length of the spot the amount of blood will alsooften indicate whether the person has died suddenly, the exact spotwhere death occurred, whether a struggle took place, and will alsopreclude the possibility of a person moving after receiving the fatalinjury when we examine a body, especially when found in a room, caremust be taken not to be misled by the accidental diffusion of blood bypersons going in and out, or touching the body see blood-stains, vol ii clothing - the examination of the clothing should be thorough adescription of each article should be noted, and the order in which itis removed. For often it is important to prove that the garments wereworn by or belonged to the deceased if any blood is on the clothing, note whether the blood is in large patches, or whether it is sprinkledover the garment. The amount of the blood and what garments are stainedby it note and examine whether the blood has flowed down the frontof the clothing, whether it has soaked the inner garments, or again, whether it has collected along the back. For these appearances willessaytimes demonstrate whether a wound was inflicted while the personwas sitting, standing, or lying down for example, if the throat iscut while the person is lying down, the blood will be found on eachside of the neck along the back and not down the front of the body few suicides cut their throats in a recumbent position, and thisdistribution of the blood may serve to distinguish a suicidal from ahomicidal wound the condition of the clothing may also serve to show whether therehas been any struggle, and the presence of dry spots or mud on it mayessaytimes serve to connect an accused person with an act of murder this is well illustrated in the case of reg v snipe, reported inbeck “medical jurisprudence, ” where evidence was adduced to showthat essay spots of mud on the boots and clothing of the prisoner, whenexamined microscopically, contained infusoria, shells, and essay rareaquatic vegetables the mud of the ditch close to where the body wasfound, as also the mud on the clothing of the dead body, presentedthe same microscopical appearances the medical expert who gave thisevidence swore that in his opinion the mud spots on the body and onthe prisoner boots were derived from the same ditch, for the mudof all the other ditches in the locality was found, on microscopicalexamination, to be different the well-known case which occurred innew york a few years ago, known as the “shakespeare case, ” furnishesan example of the importance of carefully examining all stains on theclothing found on bodies if there are several stabs or cuts on the body involving the dress, itshould be noted whether they are blood-stained, and if so, whether thestain is on the inside or outside of the garments, for essaytimes insimulated personal injury a stain of blood may be inadvertently appliedto the outside of the dress, as in wiping a weapon weapons - if a weapon is found, the character of the weapon and itsexact position should be noted this is frequently of importance intelling whether a person has died from an accidental or self-inflictedwound in a case where death occurs immediately or within a fewminutes, the weapon is found near the body, or often so tightly graspedin the hand that it can be with difficulty removed if the weaponis found near the body it should be noted on which side and at whatdistance, and it must be questioned whether it could have fallen onthe spot or been thrown there by the deceased it is compatible withsuicide that the weapon should be found at essay distance from the body an instance has been recorded where an individual was discovered inbed with his throat cut, and the bloody razor was found closed and inthe pocket of the deceased if a weapon cannot be discovered, or isconcealed, it is strong presumptive evidence of homicide. Especiallywhen the wound is such as to produce speedy death note whether the weapon is sharp or blunt, straight or curved if aknife, the handle and inner portion should be examined, for the blademay have been washed if the wound has involved any large vessels, it is improbable that theweapon can have been thrown any distance from the body, and when it is, there are always fair grounds to expect interference with the originalposition of the body one circumstance which always strongly points tosuicide is the finding of the weapon firmly grasped in the hand of thecadaver the hand of a dead person cannot be made to grasp or retaina weapon as does the hand which has grasped it at the last moments oflife the amount of blood on the weapon should be noted, but it must beremembered that a knife may have produced a fatal stab wound and stillno blood be found on it this is explained by the fact that in a rapidplunge the vessels were compressed, and only after the drawing of theknife and relieving of the pressure blood began to flow, or possiblythe blood may have been wiped off the knife by the elasticity of theskin when a person has died of a gunshot wound, especially at close range, it is important to look for any wadding or paper found in the wound, asin a number of instances the finding of such has led to the detectionof the criminal for example, handwriting has been found on the paper, or it has formed writing of a printed page the rest of which has beenfound in possession of the accused when a gun is discharged near thebody, a portion of the wadding is almost always found in the irregularwound produced post-mortem examination having completed the examination of the surroundings, one next proceedswith the post-mortem examination, which should be conducted accordingto a well-defined plan, following which the results obtained willalways be satisfactory if possible the body should be removed to a large, well-ventilated, andespecially well-lighted room no artificial light, if it can possiblybe avoided, should be used when performing the autopsy. Artificiallight is especially bad on account of its yellowness and its power tomodify natural color thesis diseased conditions cannot be satisfactorilydetermined by artificial light the body should be placed on a hightable, and the facility with which the autopsy is made will oftendepend on having the table high enough to render stooping unnecessary never make an autopsy, if it can possibly be avoided, on a body whilein a coffin, as the examination is always unsatisfactory the size andsurroundings of the room, and how it is lighted, should be entered inthe note-book instruments - if possible the following instruments should be at handbefore proceeding with an examination, although essay of them may bedispensed with. 1 large section knife.

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It seems that where theknowledge is such that it is evidently immaterial to the physiciandecision, it will be admitted such a case is that of hoyt v hoyt, 439 where the testimony of physicians was admitted to showthe attitude of their patient toward his daughter and their adviceto him concerning her, the evidence being for the purpose of showingthe testator opinion and not the physicians’ it has also been heldthat a statement made by a patient on the physician last visit asto what occurred at anti essay the time the patient was injured, tending to showcontributory negligence, was not necessary information 440 and aphysician evidence of the declaration of his patient as to making awill and the doctor advice on that subject have been admitted 441the province of the court in dealing with the privilege all questions of the competency of evidence are solved by the courtand not by the jury 442 the facts establishing the privilege arepresented to the court for its consideration in iowa it has been heldthat a fair trial demands that it should not be made to appear to thejury in an action that the patient is reluctant to waive his privilege, and that therefore the subject-matter of waiver has no place in thetaking of testimony except when introduced by the writingy permitted tomake it, and the court should not allow the patient to be asked toanswer under oath whether he is willing to waive his privilege 443whether it is the duty of the court to enforce the privilege where itis apparent and the patient is not present to object, is a questionthat seems to be variously regarded in indiana a court has refuseda new trial for newly discovered evidence of the privileged sort, onthe ground that if objection were madeon the new trial it would berejected 444 but where the evidence of a physician to contradictanother physician, who was witness to a will, was received withoutobjection, it was said that it should not be withdrawn by the courtfrom the consideration of the jury or its value commented on as matterof law 445in michigan, it has been said that a commissioner, whose ordinary dutyis to take all evidence offered, should refuse to take this privilegedevidence. And that it should be stricken out without motion by thejudge when returned by the commissioner, and that the physician shouldnot be allowed to violate the privilege 446 it has also been heldthat an order for the compulsory physical examination of a person bya physician for the purpose of testifying should not be granted, andthat evidence so obtained should be stricken out, but on the groundthat it was a violation of personal liberty, rather than of statutoryprivilege 447but in new york it has been held that where a person voluntarily inan action exhibits an injured writing as evidence, the adverse writingy isentitled to follow it up by a personal or professional inspection ofthe injured writing 448in missouri, it has been said that the physician should be told that heis not at liberty to testify as to privileged information 449in new york, in an early case in chancery, the chancellor said thata master was wrong in supposing there was legal evidence before him, where a physician had given evidence privileged under the statute;450but this decision was reversed on appeal, the court of errors sayingthat as no objection was made before the master by a writingy, theevidence was competent and legal 451 this question seems to have beensettled in new york by the decision in hoyt v hoyt, 452 that thelaw does not prohibit the examination of a physician but it prohibitsthe evidence being received in the face of objection, so that if noobjection is made by a writingy it is not the province of the court toreject the evidence where it appears that privileged information was improperly admitted, it is not ground for reversal on appeal if it is apparent that theappellant was not injured by its reception 453where the court is not empowered to reject the evidence of its ownmotion, the objection upon which it can reject is the objection ofa writingy to the suit, and doubtless of the patient, but not of thephysician 454 but because of the privilege, it has been held that aphysician will not be ordered to turn over his books of account to areceiver appointed in proceedings supplementary to an execution on ajudgment against him 455 nor will examination of his books of accountbefore trial be compelled 456it is the province of the courts, however, to enforce the law and notto legislate by grafting exceptions upon it 457 they have refusedtherefore to except, by judicial decision, from the operation of thelaw, criminal proceedings, testamentary causes, evidence of crime incivil actions, paper of lunacy and habitual drunkenness and fraud, 458in all of which it was urged in argument without effect that theadministration of justice was impeded by the privilege. But where thespirit of the law was violated by an enforcement of its letter andthe privilege made a cloak to shield the murderer of the patient, it was held to be inapplicable 459 the courts have also refusedby mere judicial decision to limit the privilege to the life of thepatient 460the effect of enforcing the privilege the courts are not warranted in admitting incompetent evidence in orderto prevent the failure of justice by the exclusion of the privilegedtestimony a letter written by a physician is inadmissible as evidenceof the privileged facts which it states;461 and a certificate ofthe cause of death, required by law to be signed by the physician andfiled, is not admissible to prove the cause of death in an action inwhich the physician cannot testify 462the making of the objection does not raise a presumption against theperson making it 463 in iowa it has been held that the patient shouldnot be interrogated under oath as to whether or not he will waive hisprivilege, for the jury ought not to be prejudiced against him by anyshow of reluctance 464 in michigan, however, it has been held that apatient failure to produce his physician as a witness is a legitimatefact for the jury to consider 465the character and weight of the evidence to sustain the objection where the objection is made, the burden of proof to establish thegrounds of privilege is upon the person objecting 466 in missouriit has been said that the statement of the physician, that he cannotseparate his impressions received in his relation of physician fromthose received at other times, is not in itself sufficient to justifythe exclusion of his evidence. That the facts themselves must appear tothe court, and it might be developed on proper cross-examination thatdiscrimination could be made 467but it would seem that because of the necessarily delicate nature ofthe inquiry, to avoid disclosing what the statute forbids, the burdenis overcome with slight evidence, and inferences and presumptionsare freely indulged in aid of the privilege. For instance, where thephysician was not permitted to answer whether he did converse withhis patient about an injury, or whether he made an examination withreference to it, it was urged that the objection was prematurely made, but it was held that the fact that the patient consulted a physicianon the occasion to which the inquiry related, when considered with thenature of the questions, justified the exclusion in the absence ofother proof 468 but the physician may testify that he did attendhis patient as physician;469 and he may answer the question whetherthe information was necessary to enable him to act in his professionalcapacity;470 for while his testimony on that point is not conclusive, and the court uses its own judgment in reaching a determination, histestimony is competent evidence 471 he may also testify that a personwas ill and was his patient, that he attended as physician, and he canstate when he attended and how thesis times 472it has been said that where the evidence justifies the conclusion thatinformation regarding the patient is acquired while attending in aprofessional capacity, it is not essential to show by formal proof thatthe information was necessary 473the rights and duties of the physician with reference to the privilege the privilege established by law is a rule of evidence, and not aregulation of a physician general conduct outside of a proceeding inwhich rules of evidence are applicable 474 the courts have, however, not hesitated to intimate that it is a physician duty to observe thesame secrecy in his general walk and conversation 475the physician may testify as an expert on hypothetical questionssubmitted to him regarding facts which might be equally true of anyother person than his patient, and excluding from his considerationprivileged knowledge 476 and he may also testify as to matterswhich came to his knowledge before or after or independent of hisemployment as physician, 477 or which were immaterial to his acting ina professional capacity, and as to which his patient could have had noreasonable ground for believing that they were necessarily disclosedin order that the physician might so act 478 it is the patientprivilege and not the physician. And, therefore, the physician isnot absolutely incompetent as a witness, and has no right to refuse totestify 479 but where he is a writingy he may object and then he willnot be forced to disclose his patient confidence 480in indiana it has been held that where the patient testifies in anaction against his physician for malpractice the physician is thenat liberty to testify or to introduce any other witness to testifyconcerning the matters in controversy 481in michigan, a physician who was plaintiff in a libel suit was notpermitted to insist upon the privilege to prevent the disclosure of hismaltreatment of his patient or what other physicians had discoveredwith regard to it by visits to his patients 482the measure of the physician exemption and liability in testifyingis the language of the statute, and not his idea of his duty to hispatient or the patient injunctions of confidence or secrecy 483in essay of the states there are statutory provisions entitlingphysicians to sue for compensation for their professionalservices 484 the statutes regarding privileged communications areto be construed together with these there seems to be no reason whya physician right of action for his services and medicines shouldnot survive the prohibition of his evidence. But it would seem thathe cannot as a witness in such an action testify regarding privilegedmatter but he can prove it by other witnesses 485the result of the legislation it is doubtless due to considerations of public policy that thestatutes changing the common-law rule have been enacted;486 butthey have not proved an unalloyed benefit, and essay of their featureshave brought about conditions which in essay paper have embarrassedthe administration of justice the law in new york may be taken forillustration. It formerly cut off the safest means of ascertaining themental condition and competency of a testator;487 it now precludes aphysician from disclosing the condition of his patient who is a lunaticor habitual drunkard, 488 though it be the most satisfactory evidence;it shuts out much testimony tending to show fraud in insurancepaper;489 it precludes a physician from stating the cause of hispatient death, 490 though there is no longer any secrecy connectedwith it, for the law makes it the duty of the physician to make, forfiling with the local board of health, a certificate of the probablecause of the death of a patient 491 it has been the subject of muchadverse criticism, 492 but all such considerations are properly to beaddressed to the legislature and not to the courts it seems to be themost far-reaching in its exclusion, and though it has been the longestin existence, was modified at the legislative sessions of 1891, 1892, and 1893, a fact which tends to show that there was sound reason in thecriticisms a synopsis of the laws of the several states and territories of the united states of america, and of great britain and ireland, and of the north american provinces of great britain, regulating the practice of medicine and surgery, prepared from the latest statutes by william a poste, late first deputy attorney-general of the state of new york, and charles a boston, esq , of the new york city bar synopsis of the existing statuteswhich regulate the acquirement of the right to practise medicine and surgery in the united states, great britain and ireland, and the canadian provinces note - this synopsis is designed to contain especially thoseprovisions of the statutes which regulate the right to practisemedicine and surgery it is not intended to include provisionsregulating apothecaries, druggists, chemists, and dentists, or the saleof drugs, medicines, and poisons. Nor provisions for the organizationand procedure of boards of medical examiners, except so far as theyregulate the requirements demanded from applicants for permission topractise. Nor provisions with reference to the duties of clerks orregistrars in the preparation and safe-keeping of records in theircare.