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So doth the leaves in the same manner. As also if thehead and temples be bathed with the decoction warm, or with the oilof poppies, the green leaves or the heads bruised and applied witha little vinegar, or made into a poultice with barley-meal or hoggrease, cools and tempers all inflammations, as also the disease calledst anthony fire it is generally used in treacle and mithridate, andin all other medicines that are made to procure rest and sleep, and toease pains in the head as well as in other writings it is also used tocool inflammations, agues, or frenzies, or to stay defluxions whichcause a cough, or consumptions, and also other fluxes of the belly orwomen courses. It is also put into hollow teeth, to ease the pain, and hath been found by experience to ease the pains of the gout the wild poppy, or corn rose as matthiolus saith is good to preventthe falling-sickness the syrup made with the flower, is with goodeffect given to those that have the pleurisy. And the dried flowersalso, either boiled in water, or made into powder and drank, eitherin the distilled water of them, or essay other drink, works the likeeffect the distilled water of the flowers is held to be of much gooduse against surfeits, being drank evening and morning. It is also morecooling than any of the other poppies, and therefore cannot but be aseffectual in hot agues, frenzies, and other inflammations either inwardor outward galen saith, the seed is dangerous to be used inwardly purslain garden purslain being used as a sallad herb is so well known that itneeds no description. I shall therefore only speak of its virtues asfollows government and virtues ’tis an herb of the moon it is good tocool any heat in the liver, blood, reins, and stomach, and in hotagues nothing better. It stays hot and choleric fluxes of the belly, women courses, the whites, and gonorrhæa, or running of the reins, the distillation from the head, and pains therein proceeding from heat, want of sleep, or the frenzy the seed is more effectual than the herb, and is of singular good use to cool the heat and sharpness of urine, venereous dreams, and the like.

Coverlet over it and held in place by acord passed across essay time afterward it was found dead beside thecradle, its head hanging with the right side pressing on the cord liégey had the mother replace everything as it had been and satisfiedhimself that the above statement was correct when found, the face waspale, eyes and mouth closed. Transverse furrow on right side of neck, level of larynx, 3 5 cm long, one deep. Muscles in vicinity congested lungs congested right side of heart contained clotted blood. Leftside nearly empty he concluded that the case was one of accidentalstrangulation 51 friedberg. Gericht gutacht , p 240 - new-born child found deadin closet mother stated that she had taken the child by the neckand drew it into the world opinion given that the child had beenaccidentally choked to death by the hand for other paper, see tidy, “med jur , ” paper 15 to 19, 59, and 62;maschka, “handbuch, ” p 623 hanging hanging is a form of mechanical suffocation by ligature of the neck, in which the constricting force is the weight of the body itself thefrench call it “pendaison” or “suspension, ” preferably the former. Thegermans, “erhängen ” the expression “incomplete hanging” is appliedto those paper in which the subject is writingially supported. Kneeling, sitting, or otherwise the same expression has also been used for paperwhich did not prove fatal the pathological effects of hanging are writingly those of strangulation, to which must be added the effects of the weight or fall of the body, sustained as it is only by essay form of ligature around the neck theseadditional injuries will, of course, be proportioned to the weight ofthe body, length of rope, and suddenness of the fall in essay countries, as the united states, england, gerthesis, and austria, hanging is a mode of capital punishment it is desirable that for judicial purposes it should be divested, as far as possible, of unnecessarily cruel features. The victim should quickly be made insensible, and death be speedy thesis suggestions to this end have been made, among which is that of haughton he recommended that the drop be long, say ten feet, so that the cervical vertebræ may be dislocated he also advised that the knot be placed under the chin others advise that it be placed under the left ear. And others yet, as barker, of melbourne, 798 near the spine in any event the rope should be “freely elastic ” g m hammond799 thinks that the object in judicial hanging should be strangulation, and that the criminal should be pulled up and left to hang thirty minutes. The rope should be soft and flexible so as to closely fit the neck. A weight should be attached to the feet of persons under 150 pounds larimore800 also advocates strangulation instead of attempting dislocation of the vertebræ porter801 suggests that for dislocation the noose be drawn tightly around the neck at the last moment, the knot being either at one side or, still better, in front dislocation may be still further assured if a hollow wooden or leaden ball be placed over the knot close to the neck, thus forming a fulcrum to throw the spinal column out of the perpendicular line at the point of pressure hanging is a common mode of suicide, especially in insane asylums andprisons it is essaytimes accidental, and rarely homicidal it is saidto have been attempted for erotic purposes the compression of the neck acts in line with the axis of the body;while in strangulation it acts perpendicularly to that axis the final cause of death will depend on. 1 the suddenness andcompleteness of interference with the access of air. Asphyxia 2 pressure on the large veins of the neck, preventing the return of bloodfrom the head, causing congestion of brain and coma 3 pressure on thelarge arteries of the neck, preventing access of blood to the brain;causing anæmia of the brain and syncope 4 injury to spinal cord orpneumogastric nerves or all of them.

thisis, of course, intended to pertain only to those instances in whichthere is no evidence of splitting or division of the bullet, andrefers only to the effect of friction or attrition june 5th, 1878, in saratoga county, mrs jesse billings was accidentally killed by abullet her husband was arrested and tried for murder on the firsttrial he was acquitted a second trial, however, was held, and essayvery interesting expert testimony was brought out on matters pertainingto these questions the medical evidence is published in buy a literature review full by dr lewis balch, of albany, in the transactions of the medical societyof the state of new york for 1881 the rifle from which the bulletwas supposed to have been fired was found in a well, and was sworn tohave belonged to jesse billings in it was found a cartridge of thetype known as the commercial long no 44 this gun became an importantfactor in the case, and most of the evidence as to whether it was theweapon with which the murder had been committed was referred to themedical experts the defence in the first trial claimed that all thelead fired was found in mrs billings’ head on the second trial thesame claim was not made, but that it was a smaller bullet than a 44and its weight less than 220 grains. That in consequence this riflecould not have been that from which the shot was fired, for it onlycalled for a 44 ball, and that it would have thrown a bullet withsuch force that it must have gone entirely through the head theyfurther claimed that powder-marks and grains of powder were found inthe window-sash, showing that the weapon was fired near the window, andthat the hole in the glass was not large enough to admit a full-sized 44 ball the verdict was mainly won upon these statements a questionfor the medical experts to answer was, what would be the effect uponthe skull of a 44-calibre ball fired from a ballard rifle, the ballweighing 220 grains and the charge of powder being 28 grains?. also whatwould be the effect upon the ball?. experts from the ordnance corps andfrom the rifle factories were able to testify that the bullet foundin mrs billings’ head was originally a 44-calibre ball. Also thatits markings showed the peculiar left-handed twist used in riflingthis writingicular arm the defence maintained that it could not havebeen a 44, claiming that the hole in the window-pane showed that theoriginal window produced in court was no criterion, since from repeatedhandling the hole made by the bullet had become enlarged and changedin shape both of the experts for the defence believed that the ballcould not make a hole smaller than itself when passing through glass this necessarily supposes that the ball after being fired is the samecalibre as before, which, as shown above, is not always the case sodr balch fired forty-five rounds from the billings rifle with 220grains of lead and 28 grains of powder the shots were fired throughglass set in sashes, the glass being 28×13¼, double thick and americanmake the rifle was discharged at varying angles and at distancesvarying from two to seventy feet, and he obtained one shot where thehole made would not admit a full-sized ball his summary was as follows. Balls unable to pass through 1 balls writingly passed 3 balls passed 18 cartridge passed 21 glass broken out 2 total 45other rounds were fired from a colt navy revolver, old style, 36calibre, at distances varying from ten to twenty feet the holes madewere so large that the barrels and ramrods could be passed withouttouching the examination of the one instance noted above where theaperture in the glass was smaller than the ball is explained by balchas follows. “a ball conoidal in form, passing with great velocity, strikes glass, penetrates, but does not break the glass at the point ofentrance the point struck is instantly disintegrated, and so rapid isthe stroke that it has not time to call upon the surrounding writingiclesfor support. Hence the smallness of the hole as glass is made itvaries in elasticity. Essay writings which are to be cut into panes coolfaster than others a bullet striking the portion of the glass whichhas cooled quickly strikes an object which will yield essaywhat to theforce. In doing this a hole will be made smaller than if that morebrittle had been struck furthermore, all rifles taper more or lessfrom breech to muzzle, that is, the muzzle will measure one or morethousandths or hundredths less than the breech the bullet being forcedthrough the narrow aperture yields to the pressure and becomes smaller the gun under consideration was measured at the new york armory, andfound to be 44 at the breech or chamber and 423 at the muzzle considering these various facts, statements that a ball of known sizewill make a hole through glass smaller than the size of the ball whenfired do not admit of doubt as to their verity essay statements bearingon this same point contained in a recent letter from captain shaler, ofthe united states army, deserve mention here the following experimentwas made in washington by captain lyon in october, 1880:“noticing a statement in a newspaper to the effect that a ball firedfrom a rifle would, in passing through glass, make a round hole smallerthan the diameter of the ball used, the following experiment was made:“service ammunition used, in a calibre 45 springfield rifle topenetrate glass ═════════════════════╤═══════════════════╤════════════════════════ time fired │ size of hole made │ remarks │ in glass, inches │ ─────────────────────┼───────────────────┼──────────────────────── 1 │ 0 570 │ 2 │ 0 550 │ 3 │ 0 600 │ 4 │ 0 600 │ 5 │ 0 575 │ 6 │ 0 575 │ the frame holding the 7 │ 0 590 │ glass was placed 25 8 │ 0 620 │ yards from the muzzle 9 │ 0 600 │ of the gun │ │ average size of hole │ 0 586 │ calibre of bullet │ 0 458 │ │ ────── │ difference │ 0 125 │ ─────────────────────┴───────────────────┴────────────────────────“from the above it will be noted that there is no uniformity in thesize of the holes and that they all exceed the diameter of the bullet “these experiments were supplemented by essay made recently in whicha sash containing six panes of ordinary window-glass was placedat twenty-five yards from the firer and the glass was successivelypenetrated a separate pane being used in each case by bullets from aservice 45-calibre springfield rifle, a 30-calibre springfield rifle, a 45-calibre colt revolver and a 22-calibre revolver in every casethe hole made was much larger than the bullet making it ”with reference also to the effect of a ball being smaller than itsoriginal diameter after it leaves the piece, captain shaler states:“all very compressible bullets forced by inertia lose a certain amounteven though they also gain force by slugging forcing by inertia tendsto shorten the bullet and increase the diameter, while slugging tendsto lengthen the bullet and reduce its diameter whether the bullet issmaller after it leaves the piece depends upon the bullet used and themethod of forcing employed ”to return to the billings case, it was claimed that the bullet wasalso too small it weighed 165 grains, 55 less than when it was firedfrom the rifle balch found in firing at human skulls, the subjects inall the trials but two being placed in a sitting posture, essaytimeswith a sash like the billings window in front of the subject, that theball lost lead in accordance with the resistance it met with and theamount of bone ploughed in its passage these experiments conclusivelyprove that the weight of a ball taken from a body after being fired, it having traversed a bone in its flight, is by no means evidence ofits weight before firing. In other words, a ball always loses essaylead when passing through bone with the same rifle as that producedat the trial he made a series of experiments in the dissecting-room, endeavoring to make a bullet enter the skull at the same point and innearly as possible the same direction as in the case of the murderedwoman in six such experiments there were varying losses of lead, allthe bullets used being the same general weight in two trials thedistance was but ten feet from the muzzle, yet more lead was lostthan in any of the other four the least loss recorded took place atthe longest distance, thirty-five feet this in writing accounts for theloss of lead, for at ten feet the bullet has not acquired its greatestpenetrating power, for he showed by experiment that a 220-grain bulletfired at a human skull will lose more lead than was missing from thebillings bullet, thus disposing of the question raised by the defencethat a ball could not have weighed 220 grains before being fired just how to account for the missing lead has never been clearlyestablished we have to remember that a few grains may be left inthe bore of a rifle, especially if rusty. That in passing throughglass another portion is lost, and finally it is scarcely conceivablethat any bullet should penetrate an adult skull, especially inthe neighborhood of the mastoid processes, without losing quite aperceptible percentage of its mass by friction it was also claimed by the defence that the ball taken from mrs billings’ head had been fired from a weapon of low velocity, whichwas held to account for the fact that the ball failed to pass out ofthe skull the rifle when tested at the government arsenal showeda mean velocity of 999 feet per second had it been as high as wassupposed by the defence, namely, 1, 300 or 1, 400 feet, the argumentthat a bullet driven with this force would always go through the skullwould have more weight, but with the velocity found by actual test theenergy of the ball was lessened to nearly one-half of that supposed the bullet which killed mrs billings did not pass entirely throughthe skull it ploughed into the opposite side and broke before it atriangular piece of bone which broke the skin externally this showsthe resistance of external fascia against perforation a study of thelines of fracture in this writingicular case proved very interesting, butperhaps would be essaywhat irrelevant here a measurement of the skulland of the bullet-track through it shows the former to have been ofmore than ordinary thickness and density, and the channel ploughed inthe bone by the bullet along the base of it to have been nearly twoinches in length dr balch gives the following conclusions to his veryinteresting evidence.

That treating of medical law, to whichthe designation of medical jurisprudence properly applies. And thatrelating to the application of medical, surgical, or obstetricalknowledge to the purposes of legal trials, forensic medicine 1the term state medicine, which is essaytimes erroneously used assynonymous with forensic medicine, properly applies to a more extendedfield of medical inquiry. I e , to all applications of medicalknowledge to the public welfare state medicine, therefore, whileexcluding medical jurisprudence, includes, besides forensic medicine, public hygiene, medical ethics, medical education, and military andnaval medicine toxicology, the science of poisons, may be divided into medicaltoxicology, whose object is the prevention or cure of all forms ofpoisoning, and forensic toxicology, whose aim is the detection ofcriminal poisoning in its last-named relation toxicology differs fromforensic medicine in one important writingicular in all paper other thanthose of poisoning in which questions involving medical knowledgearise, the answers are entirely within the functions of the physician, the surgeon, or the obstetrician, but the problems of forensictoxicology require for their solution the further aid of the chemistand the pharmacologist forensic medicine is an applied science, writingly legal, writingly medical, calling for information and investigation in widely divergent lines, and becoming more minutely ramified with the progressive advances inmedical knowledge and in those sciences of which medicine is itselfan application its development has been dependent writingly upon theslow though progressive tendency of medicine from the condition of anempirical art toward that of an exact science, and writingly upon themore rapid and more advanced development of criminal jurisprudence medical jurisprudence had reached a high development during the earlyhistory of the roman empire, and at a period long anterior to the firstrecognition of forensic medicine although the literature of modern medico-legal science is verylargely written from the medical point of view and by physicians, itsearlier history is to be found in fragmentary form, writingly in medicalliterature, but principally in the writings of historians, in theearlier criminal codes, and in the early records of legal proceedings in the earliest historical periods the functions now exercised bythe priest, the lawyer, and the physician were performed by thesame person, who, presumably, made use of what medical knowledge hepossessed in the exercise of his legal functions among the egyptiansat a very early period it is certain that medical questions of factwere considered in legal proceedings, and that the practice of medicinewas subject to legal regulation according to diodorus, 2 “when apregnant woman was condemned to death, the sentence was not executeduntil after she was delivered ” the same author tells us3 that “thephysicians regulated the treatment of the sick according to writtenprecepts, collected and transmitted by the most celebrated of theirpredecessors if, in following exactly these precepts which arecontained in the sacred books, they did not succeed in curing the sick, they could not be reproached, nor could they be prosecuted at law. Butif they have proceeded contrary to the text of the books, they aretried, and may be condemned to death, the legislator supposing that butfew persons will ever be found capable of improving a curative methodpreserved during so long a succession of years and adopted by the mostexpert masters of the art ” with the system of legal trial in use amongthe egyptians4 it is difficult to imagine that the question of theexistence of pregnancy in the one case, or of malpractice in the other, would not be the subject of contest, and, if contested, determinedwithout the testimony of obstetricians or of physicians 5medical knowledge among the hindoos was further advanced than amongthe egyptians in the rig veda about 1500 b c occur a few medicalreferences, among which is the statement that the duration of pregnancyis ten lunar months the earliest purely medical sanskrit texts are the ayur vedas ofchraka and sûsruta, which were probably written about 600 b c , butwhich are undoubtedly compilations of information which had been handeddown during thesis centuries before that time in each of these is asection devoted to poisons and their antidotes kalpa, in which it iswritten that a knowledge of poisons and antidotes is necessary to thephysician “because the enemies of the rajah, bad women, and ungratefulservants essaytimes mix poison with the food ” full directions arealso given for the recognition of a person who gives poison, and todifferentiate the poisons themselves, whose number, from all thekingdoms of nature, is legion the age at which women may marry isfixed at twelve years, while men may not marry before twenty-five theduration of pregnancy is given as between nine and twelve lunar months, the average being ten the practice of medicine is restricted tocertain castes, and requires the sanction of the rajah, and the methodof education of medical students is prescribed 6it is singular that the greeks were apparently destitute of anyknowledge of legal medicine although medicine and jurisprudence werehighly developed among them, allusions to any connection between thetwo are of very rare occurrence and uncertain the hippocratic writings ca 420 b c contain thesis facts whichare of medico-legal interest. The possibility of superfœtation wasrecognized;7 the average duration of pregnancy was known, andthe viability of children born before term was discussed, 8 therelative fatality of wounds affecting different writings of the body wasconsidered, 9 and the hippocratic oath makes the physician swear thathe “will not administer or advise the use of poison, nor contribute toan abortion ” the position of the physician in greek communities was anexalted one no slave or woman might be taught medicine, 10 althoughlater free-born women were permitted to practise in their nativeplaces homer also refers to physicians as men of learning and ofdistinction 11 the greek physician was therefore in a position, bothfrom his information and from his standing in the community, to aid inthe administration of justice the greeks were also extremely litigious and possessed a code ofcriminal procedure which was elaborate, and in thesis respects resembledthose now in use in england and the united states 12 the writings ofthe greek orators, demosthenes, æschines, lysias, antiphon, isocrates, etc , which have come down to us substantiate the claim of ælianthat “to athens mankind is indebted for the olive, the fig, and theadministration of justice ”13the writings of the greek physicians contain no reference to any legalapplication of their knowledge, and certain passages in the writingsof the orators seem to indicate that, while a physician was called toinspect and treat a wounded person, the testimony as to the patientcondition was given in court by others thus in the case against euergos and mnesibulus, in which an old womanhad died essay days after an assault, demosthenes14 states that henotified the accused to bring a surgeon and cure the woman. But thatas they did not do so, he himself brought his own surgeon and showedhim her condition in the presence of witnesses upon hearing from thesurgeon that the woman was in a hopeless condition, he again explainedher state to the accused and required them to find medical aid finally, on the sixth day after the assault the woman died he furtherasserts that these statements would be proved by the depositions 15the third tetralogy of antiphon16 b c 480 relates to a case inwhich the defence was essentially the same as that which was thesubject of a vast amount of medical expert testimony in a celebratedtrial for murder in new york not thesis years ago a person woundsanother, who dies essay days afterward the assailant is accused ofmurder and sets up the defence that the deceased perished, not fromthe wounds inflicted, but in consequence of unskilful treatment by thephysicians in neither of these paper is any mention made of physicians having beencalled upon for testimony. Indeed, the statements would lead to theinference that they were not in another case in which a poor and sickcitizen is accused of malingering to obtain the customary pecuniaryaid from the state, lysias17 summons no medical evidence but reliesentirely upon a statement of his client case 18medical legislation was not more advanced during the ascendancy ofthe roman empire, although medical science was greatly developed, principally by the labors of celsus, and of galen and other greekphysicians a few paper are mentioned by the historians which wouldseem to indicate a closer connection between law and medicine thanhad existed among the greeks, but they refer rather to the custom ofexposing the bodies of those who had died by violent means to publicview, in order that any one might express his opinion as to the causeof death, than to any appeal to medical science in the administrationof justice thus suetonius19 says that the physician antistiusexamined the dead body of julius cæsar b c 44, and declared that ofall the wounds only that received in the breast was mortal pliny20 cites an early instance of contested interpretation ofpost-mortem appearances in the case of germanicus, who died a d 19, by the action of poison, said the enemies of piso, because theheart did not burn the friends of piso, while admitting the factof non-consumption, attributed it to the deceased having had heartdisease the same author21 quotes masurius as having declared a childborn after thirteen lunar months to be legitimate, in an action forthe possession of property, on the ground that no certain period ofgestation was fixed the emperor hadrian a d 117-138, according togellius, sought medical information in a similar case, and decreed thelegitimacy of a child born in the eleventh lunar month, “after havingconsidered the opinions of ancient philosophers and physicians ”22although the justinian collections, the “codex” a d 529, the“institutes” a d 533, the “digests, ” or “pandects” a d 534, and the “novels” a d 535-564, prepared by the best legal talentof the age, under the direction of tribonian, do not provide for thesummoning of physicians as witnesses. They contain an expression whichindicates that at that time the true function of the medical expertwas more correctly appreciated than it is to-day his function wasstated to be judicial rather than that of a witness 23 there isalso a provision that in paper of contested pregnancy, midwives whowere considered as belonging to the medical profession should, afterexamination of the woman, determine whether or no pregnancy exist, andthat their determination should be final the practice of medicine, surgery, and midwifery was regulated those desiring to practise musthave been found competent by an examination the number of physiciansin each town was limited they were divided into classes, and weresubject to the government of the archiatri penalties were imposed uponthose guilty of malpractice or of poisoning the justinian enactmentscontain abundant internal evidence of having been framed in the lightof medical knowledge they contain provisions relating to sterilityand impotence, rape, disputed pregnancy, legitimacy, diseased mentalconditions, presumption of survivorship, poisoning, etc , whichindicate that the medical knowledge of the time was fully utilized intheir construction 24the germanic peoples at about the same period possessed codes inwhich traces of a rudimentary medical jurisprudence existed the mostancient of these was the salic law a d 422, in which the penaltiesto be paid for wounds of different kinds are fixed the ripuarian law, of essaywhat later date, takes cognizance of the crime of poisoning the laws of the bavarians, burgundians, frisians, thuringians, andvisigoths contain practically nothing of medico-legal interest the lexalamannorum has numerous provisions relating to wounds, and expresslyprovides that the gravity of the injury shall be determined by aphysician 25during the period of about a thousand years, intervening betweenthe justinian and caroline vide infra codes, the advancement ofmedicine and jurisprudence suffered almost complete arrest the guiltor innocence of an accused person was determined rather by his ownconfession under torture, or by “the judgment of god” as shown byordeal or by judicial combat, than by testimony either expert or offact even during the night of the middle ages, instances are recorded inwhich the opinions of physicians were sought to determine questions offact in judicial proceedings in the duchy of normandy, in 1207-45, the laws provided for theexamination of those claiming to be sick to evade military service orappeal to judicial duel, of persons killed, and of women 26in a decretal of innocent iii , in 1209, the question whether a certainwound was mortal was determined by physicians 27there is extant in the statutes of the city of bologna, under date of1249, an entry to the effect that hugo di lucca had been assigned theduty, when called upon by the podesta, and after having been sworn, tofurnish a true report in legal paper 28in the kingdom of jerusalem ca 1250 a person claiming exemptionfrom trial by battle because of sickness or of wounds was visited bya physician fisicien au miége and a surgeon sérorgien, whoexamined him and made oath as to his condition 29sworn surgeons to the king are also mentioned in letters patent ofphilippe le hardi in 1278, of philippe le bel in 1311, and of jean ii in 1352 30 that of philippe le bel refers to jean pitardi as one of“his well-beloved sworn surgeons in his chastelet of paris, ” whosefunctions are writingly indicated by the extracts from the registers givenbelow the registers of the chtelet at paris from 1389 to 1392 record severalinstances in which medical aid was rendered in judicial proceedings under date of march 22d, 1389-90, “maître jehan le conte, sworn surgeonto the king our sire, ” reports to maître jehan truquam, lieutenant tothe provost, that “upon that day in the morning one rotisseur had gonefrom life unto death in consequence of the wounds which he had receivedon the monday evening preceding ”31 under date of july 22d, 1390, is an account of the examination of one jehan le porchier, accused ofintent to poison the king charles vi , in which there is referenceto a very early instance of toxicological expert evidence in thewallet of the accused certain herbs were found the account proceeds:“richart de bules, herbalist, was summoned, to him the above-mentionedherbs were shown, and he was commanded that he should examine them andconsider well and duly, reporting the truth of what he should find the said richart, after having examined them with great diligence, reported that in the box in which these herbs were he had found sixleaves, namely. One leaf of jacia nigra, and one of round plantain, called in latin plantago minor, and four of sow-thistle lasseron, called in latin rosti poterugni, and says that the leaf of jatrianigra is poisonous, but that in the others there is no poison knownto the deponent ”32 on august 12th, 1390, “jehan le conte and jehanle grant, sworn surgeons of our sire the king, ” are present at thetorture of a prisoner, but for what purpose does not appear in anothercase the same jehan le conte testified that a wound in the head of adeceased person was made with an axe 33 at a later period in italy, the infliction of “the question” took place under medical supervision zacchias devotes a chapter, de tormentis et pœnis, 34 to theconsideration of the different methods of torture, the degrees of painand danger attending each, and the conditions of age, sex, and healthwhich render its application inadmissible 35during this period, as indeed from the earliest times, the practiceof medicine was regulated by law thus a law of king roger of sicily 1129-54 punished those who practised medicine without authority withimprisonment and confiscation of goods.

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And that it is information which physicians universallydemand and receive 423 in another case, with reference to the causeof a patient condition, it was said that while knowledge of thecause may not be necessary, the disclosure of the cause cannot be madewithout a disclosure of the condition, and that as a medical personcannot tell indirectly what he is forbidden to tell directly, thephysician evidence of the cause is inadmissible 424 in another caseit was said that any information, necessarily coming to a physician inorder to treat his patient, is to be regarded as necessary informationthough unimportant, and that the test is how it was acquired, notwhether it could have been acquired in a different way, and thereforeit was incompetent for a physician to testify that his patient wasdrunk when he treated him 425in new york, in an early case, 426 where a man consulted a physicianwith reference to committing an abortion and told him that a certainwoman was pregnant by him, this admission was said not to be essentialto enable him to prescribe, even if the relation of physician andpatient were considered established. But this seems to be at variancewith the later case of people v brower, 427 where the accusedconsulted a physician with reference to the treatment of a woman onwhom he had attempted to commit an abortion, and admitted that hehad done so, and the physician was not permitted to disclose it a broader view is now taken of the word necessary it has beenheld by the court of appeals that a physician could not testifythat his patient had a venereal disease while under his care as aphysician, the presumption being that he learned it for the purpose ofprescribing;428 and again, that it is assumed from the relationshipthat the information would not have been imwritinged except for thepurpose of aiding the physician to prescribe 429 but this presumptiondoes not attach to information regarding a patient, communicated by athird person 430where a person went to a physician to call for medicine, andit appeared that he was not consulting for himself and was notrepresenting any one else who needed or desired medical assistance, thephysician was allowed to testify as to a conversation which took placeat that time 431in the case of edington v ætna life insurance company, 432 it wassaid that before the exclusion, the facts on which it is justifiedmust appear in essay way, and the court must know essaywhat of thecircumstances. From the opinion it is easy to infer that it is onlyconfidential communications and information as to secret ailments whichmay be regarded as necessary within the statute.