History

Justice Essay


And helps the melancholy of the heart, and isavailable in quartan and quotidian agues. As also for them that havetheir necks drawn awry, and cannot turn them without turning theirwhole body eyebright descript common eyebright is a small low herb, rising up usuallybut with one blackish green stalk a span high, or not much more, spread from the bottom into sundry branches, whereon are small andalmost round yet pointed dark green leaves, finely snipped about theedges, two always set together, and very thick. At the joints with theleaves, from the middle upward, come forth small white flowers, markedwith purple and yellow spots, or stripes.

But little lividity or swelling of face 36 justice essay taylor. “med jur , ” am ed , 1892, p 418 - boy. Found dead withhandle of pitchfork under necktie. Marks of strangulation on larynx;eyes and tongue protruded. Tongue livid and marked by teeth.

Also all evidences of softening, ulceration, effusion ofblood, corrosion, or perforation the presence of hardened fæces in therectum will bear evidence that justice essay no purging occurred immediately beforedeath 13 the state of the heart and lungs for special consideration of thelungs in paper of suspected infanticide, see vol ii. And of personsdrowned, see vol i , p 805 et seq 14 the state of the brain and spinal cord after a thorough consideration of the results of the examination, conclusions must be drawn from this examination. Never from thestatements of others the conclusions commonly relate to whetherdeath was due to natural or unnatural causes. If to unnatural causes, what are the facts which lead the examiner to this opinion as theconclusions are intended to form a summary of the whole report, theymust be brief and tersely stated personal identity, including the methods used for its determination in the dead and living by irving c rosse, a m , m d , f r g s eng , professor of nervous diseases, georgetown university. Membre du congrès international d’anthropologie criminelle, etc personal identity general considerations identity is the determination of the individuality of a person injurisprudence the term is applied to the recognition of a person who isthe object of a judicial action the establishment of the individualityof a person is known as absolute identity. While the relations of aperson with essay writingicular act is known as relative identity the great number and variety of facts concerned in the investigationof questions of identity are of considerable gravity and importance intheir juridical bearing, and at the same time they are among the mostinteresting and most useful of the applications of modern medicine tothe purposes of the law 569among the varied researches of legal medicine looking to aninterpretation of facts, no other question occurs in which the solutiondepends more upon morphological and anatomical knowledge, and none ismore dependent upon purely objective, visible, tangible facts personal identity often constitutes the entire subject-matter ofdispute in a civil case upon it may depend the question of absence orof marriage, of kinship or of filiation involving the possession ofan estate, in which case the court often requires the most subtle ofscientific evidence to assist in its decision thesis anthropologicaland medical facts, now appropriated by criminology and penal science, are useful in proving not only the present but in attesting futureidentity, thereby preventing in great measure the dissimulation ofprisoners, deserters, false claimants to life insurance, fraudulentpensioners, and the like such matters are of daily occurrence the special agents of the u s pension office detect and cause the punishment of thesis fraudulentclaimants stratagems and conspiracies to defraud life-insurancecompanies go much further than mere substitution instead of a“fraudulent” a positive death may come up for investigation, and inorder to defraud an insurance company of a large amount, a body mayeven be procured by homicide to consummate the deception, as was donein the goss-udderzook tragedy near baltimore in 1872 a celebrated case now before the supreme court of the united states andinvolving the question of personal identity is that of the mutual lifeinsurance company of new york, the new york life insurance company, andthe connecticut mutual life insurance company of hartford, connecticut consolidated, plaintiffs in error, vs sallie e hillmon it is pre-eminently in criminal trials that the personal identity ofthe victim often constitutes an essential connecting link before itcan move, the law requires, at the outset, proof of the individualityof both the author of a crime and of the victim i shall, therefore, not touch upon such elusive individuals as charlie ross and jackthe ripper, but limit my remarks to a synthetical exposition of thebest-known facts regarding identification of the dead body and theinterpretation of its organic remains the identity of a living person, or even our own identity, is often adifficult point to establish it may also require medical evidence, oftentimes of a most involved character, to establish the fact ofdeath hence the medico-legal process of connecting a dead body, orthe remains or traces of the same, with a human being once known tohave lived and moved on earth, is beset with difficulties that may giverise to still greater antagonisms of evidence the question of personalidentity is one of the hardest that could possibly come before a court celebrated paper and judicial errors have given it great notoriety there are consequently few questions in forensic medicine that requiremore attention and sagacity, and none upon which the medical legistshould pronounce with more reserve and circumspection medical men areabsolutely the only persons qualified to assist in resolving thereally delicate question of personal identity. Yet the physician andthe lawyer pursue the same line of logic and of inquiry as the formermust have a subject to dissect or to operate upon, so must the lawyerin pursuing a criminal investigation first prove a visible materialsubstance known in legal phraseology as the corpus delicti, which hemust connect with essay personality, with essay human being once knownto have lived in this important process the physician testimonybeing the indispensable guide of the court inference, he should limithimself to purely anatomical and material knowledge the medical experthas absolutely nothing to do with guilt or innocence, as that is aquestion for the jury he should, above all things, be absolutely freefrom prejudice, suspicion, or undue suggestion, and should rememberthat in thus sinking his personality his sole function as a skilledwitness in paper of identity is to furnish testimony which, when takenin connection with other evidence in the case, may establish such acorpus delicti as would justify the inference of a crime a nice point may arise as to dispensing with the proof from the bodyitself, when the substantial general fact of a homicide is provedaliunde, as in the case of a criminal causing the disappearanceof his victim body by means of its decomposition in lime or otherchemical menstrua, or by submerging it in an unfathomable spot in thesea under circumstances such as the following. A person is seen toenter a building and is not seen to leave it, although all means ofegress therefrom are watched. Another person is seen to ignite thebuilding, which thereupon burns down, and the charred remains of ahuman body are found in the ruins. The proof of identity from the bodyitself might be dispensed with in view of the substantial general factof a homicide having been committed in a delicate case where the manof art hesitates and finds no corpus delicti, the investigation ofimprints and stains may give a clew of great value to the expert yetit is only upon absolute evidence, and in the strongest possible case, that the fundamental principle of the corpus delicti is disregarded in the case of ruloff, the child body was not produced and no traceof it could be alleged to have been found. Nevertheless the prisonerwas found guilty of murder this case was speedily overruled 18 n y , 179, on the ground that a dangerous precedent had been pronounced so indispensable is the showing of the corpus delicti in paperof recognition that lawyers have come to regard even the judicialconfession of an accused as often the flimsiest and most unsatisfactorykind of evidence numerous paper of demonstrated fallibility ofconfessions are cited in the books, where the statement was utterlylacking in anything except motive or hallucination in the proceedingsof the new york medico-legal society, december 6th, 1876, mr jamesappleton morgan mentions the case of a german servant-girl whoassured her mistress, whose little boy, a child of seven, had justdied and been buried, that she the servant had poisoned the boy the servant swore to her crime and was taken into custody, and it wasonly when no poison was discovered upon exhuming the child body andexamining its stomach that against her own protest she was acquittedof the possibility of the crime another case of the kind that hashad medico-legal notoriety was tried a few years ago before a courtin brittany the accused declared that he had killed his servant andthrown the body in a pond his guilt seemed certain, when the allegedvictim put in an appearance, thus reducing the evidence to the strangehallucination that had prompted the confession but the most wonderful of these is the celebrated case of boorn, inwhich medico-legal evidence took no writing in view of the seeminghopelessness of his case, the accused confessed to murder inexpectation of mercy from the court, but was finally acquitted on thealleged victim walking into court and confronting the man who had swornto having killed him although wisdom and experience point to the necessity of showingessaything corporal and material in paper involving questions of lifeand death, yet very small traces or minute remains of a human body may, in certain circumstances, constitute a corpus delicti that may leadto trial if not to conviction in 1868 the lambert case, for murder onthe high seas, was tried before judge benedict in the united statescourt, the only corpus delicti alleged being a large pool of bloodand brains found on the forecastle of a ship at sea, out of sight ofland or other vessel circumstances, acts, and words pointed stronglyto the murder of one of the crew, who was believed to have been brainedwith an axe and thrown overboard notwithstanding the fact thatanimosity was known to exist between the accused and the missing man, it further appeared that the accused, in a state of great excitement, had followed the missing man forward and returned alone with a hatchetin his hand, yet the jury in this instance were not satisfied as tothe establishment of a corpus delicti beyond a reasonable doubt andaccordingly failed to convict two classical paper, that of gardelle and of dr webster, mentionedin thesis of the books, stand forth as instances of conviction wherefragments of the human body were recognized after attempts to destroythem by intense heat the conviction of dr webster rested almostentirely upon medico-legal evidence. But it is probable that upon thesame circumstantial evidence the increased industry of counsel wouldhave so rung the changes in regard to its uncertain and unsafe nature, and would have so used the knowledge gained from advanced discoveriesin the regions of the probabilities of science, as to have secured theacquittal of the prisoner had the trial taken place at the present time a similar affair of great medico-legal interest is the goss-udderzooktragedy, already referred to, an account of which is given by drs lewis and bombaugh among the “remarkable stratagems and conspiraciesfor defrauding life insurance companies, ” new york and london, 1878 identity of burnt remains the medical jurist will no doubt find cremation a formidable barrier inelucidating the question of identity, although the entire destructionof a dead body is a matter of extreme difficulty in the case of calcination chemical analysis of the ash would detectthe phosphate of lime, but this would throw no light upon thesubject, since the ash of human bones and that of the lower animalsis identical if the burnt bone is entire, the state of the epiphysesmay enlighten the question of the determination of age the followingtwo paper, in which fragments or portions of bone had been submittedto the action of fire, show how medical training and essay knowledge ofcomparative anatomy may contribute to the establishment of guilt or mayattest innocence in the case of the queen vs john henry wilson, for murder, theaccused burnt his step-father in a lime-kiln for over a week, and onstrewing ashes from the kiln fine fragments of bone picked up wereafterward identified as human at the trial identity rested on the factof finding two buttons and a buckle, which were recognized as writing ofthe deceased wearing apparel when last seen in the second case, that of a young woman supposed to be in the familyway who should not have been, it was thought that she had been confinedand made away with the infant under this supposition the premiseswhere she lived were searched by the chief constable, who found inthe stove essay bones and fragments of bones that had been burnt onexamination by a qualified medical man, the fragments turned out to benot human bones, but those of essay other animal, presumably those of apig and of a chicken, which the family, who lived in a tenement-housewithout a back yard, had put in the stove to get rid of the refuse 570identification of human bones in deciding whether certain bones are human or not, the medical juristshould exercise great caution in venturing an opinion as to the preciseanimal of which he may believe they formed a writing there is no greatdifficulty in detecting the smallest fragments of bone by means ofthe microscope, but we cannot say with safety whether the fragmentsbelonged to a mouse, a man, or an elephant a real difficulty occurs inrecognizing the nature and origin of the bony remains when only a smallfragment or a single bone is submitted for report if a sufficientportion of the skeleton be submitted it can be easily recognized ashuman, as in the imbedded remains of the troglodyte found in thelimestone deposit of luray cave, virginia, and only in the exceptionalcase of the bones of one of the manlike apes could a difficulty ofdistinction arise the characteristic signs that distinguish a gorillaskeleton, for instance, are the smaller thumb. Notable length of tibiaand of radius, although this relative length of extremities has beenremarked in negroes. Small facial angle, 30° to 40° in the monkey, 70°to 80° in man. Very inferior cranial capacity, the maximum in a gorillabeing 550 cubic centimetres, while the minimum in the human species isfrom 970 with a maximum of 1, 500 to 1, 900 centimetres. A low index ofthe foramen magnum.

And at the tops of the branched stalks, umbels ortufts of white flowers. After which comes long crested black shiningseed, pointed at both ends, tasting quick, yet sweet and pleasant theroot is great and white, growing deep in the ground, and spreadingsundry long branches therein, in taste and smell stronger than theleaves or seeds, and continuing thesis years place this grows in gardens government and virtues these are all three of them of the natureof jupiter, and under his dominion this whole plant, besides itspleasantness in sallads, has its physical virtue the root boiled, andeaten with oil and vinegar, or without oil do much please and warmold and cold stomachs oppressed with wind or phlegm, or those that havethe phthisic or consumption of the lungs the same drank with wine is apreservation from the plague it provokes women courses, and expelsthe after-birth, procures an appetite to meat, and expels wind thejuice is good to heal the ulcers of the head and face. The candied roothereof are held as effectual as angelica, to preserve from infection inthe time of a plague, and to warm and comfort a cold weak stomach itis so harmless, you cannot use it amiss chesnut tree it were as needless to describe a tree so commonly known as to tell aman he had gotten a mouth. Therefore take the government and virtues ofthem thus:the tree is abundantly under the dominion of jupiter, and therefore thefruit must needs breed good blood, and yield commendable nourishment tothe body. Yet if eaten over-much, they make the blood thick, procurehead ache, and bind the body. The inner skin, that covers the nut, isof so binding a quality, that a scruple of it being taken by a man, orten grains by a child, soon stops any flux whatsoever. The whole nutbeing dried and beaten into powder, and a dram taken at a time, is agood remedy to stop the terms in women if you dry chesnuts, only thekernels i mean both the barks being taken away, beat them into powder, and make the powder up into an electuary with honey, so have you anadmirable remedy for the cough and spitting of blood earth chesnuts they are called earth-nuts, earth chesnuts, ground nuts, ciper-nuts, and in sussex pig-nuts a description of them were needless, for everychild knows them government and virtues they are essaything hot and dry in quality, under the dominion of venus, they provoke lust exceedingly, and stirup to those sports she is mistress of. The seed is excellent good toprovoke urine. And so also is the root, but it doth not perform itso forcibly as the seed doth the root being dried and beaten intopowder, and the powder made into an electuary, is as singular a remedyfor spitting and pissing of blood, as the former chesnut was for coughs chickweed it is so generally known to most people, that i shall not troubleyou with the description thereof, nor myself with setting forth theseveral kinds, since but only two or three are considerable for theirusefulness place they are usually found in moist and watery places, by woodsides, and elsewhere time they flower about june, and their seed is ripe in july government and virtues it is a fine soft pleasing herb under thedominion of the moon it is found to be effectual as purslain to allthe purposes whereunto it serves, except for meat only the herbbruised, or the juice applied with cloths or sponges dipped thereinto the region of the liver, and as they dry, to have it fresh applied, doth wonderfully temperate the heat of the liver, and is effectualfor all imposthumes and swellings whatsoever, for all redness in theface, wheals, pushes, itch, scabs. The juice either simply used, orboiled with hog grease and applied, helps cramps, convulsions, andpalsy the juice, or distilled water, is of much good use for all heatsand redness in the eyes, to drop essay thereof into them. As also intothe ears, to ease pains in them. And is of good effect to ease painsfrom the heat and sharpness of the blood in the piles, and generallyall pains in the body that arise of heat it is used also in hot andvirulent ulcers and sores in the privy writings of men and women, or onthe legs, or elsewhere the leaves boiled with marsh-mallows, and madeinto a poultice with fenugreek and linseed, applied to swellings orimposthumes, ripen and break them, or assuage the swellings and easethe pains it helps the sinews when they are shrunk by cramps, orotherwise, and to extend and make them pliable again by this medicine boil a handful of chickweed, and a handful of red rose leaves dried, ina quart of muscadine, until a fourth writing be consumed. Then put to thema pint of oil of trotters or sheep feet. Let them boil a good while, still stirring them well. Which being strained, anoint the grievedplace therewith, warm against the fire, rubbing it well with one hand:and bind also essay of the herb if you will to the place, and, withgod blessing, it will help it in three times dressing chick-pease, or cicers descript the garden sorts whether red, black, or white, bringforth stalks a yard long, whereon do grow thesis small and almost roundleaves, dented about the edges, set on both sides of a middle rib;at the joints come forth one or two flowers, upon sharp foot stalks, pease-fashion, either white or whitish, or purplish red, lighter ordeeper, according as the pease that follow will be, that are containedin small, thick, and short pods, wherein lie one or two pease, moreusually pointed at the lower end, and almost round at the head, yet alittle cornered or sharp. The root is small, and perishes yearly place and time they are sown in gardens, or fields as pease, beingsown later than pease, and gathered at the same time with them, orpresently after government and virtues they are both under the dominion of venus they are less windy than beans, but nourish more. They provoke urine, and are thought to increase sperm.

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1 to remove the cause. 2 toadapt the diet to the impaired functional power of the stomach. 3to administer such drugs as are calculated to stimulate or correctthe writingicular function or functions which happen to be impaired, or disordered proper diet, proper mastication of food, hygiene ofthe mouth, and constipation are enumerated as deserving attention careful attention to securing a proper diet is essential the choiceof drugs depends, of course, on the conditions that give rise toindigestion, and he calls attention to the necessity of avoiding allroutine treatment and compiling one prescription with an eye to thespecial disorder or disorders of function, whether secretory, motor orsensory, believed to be present hutchison gives the following typicalprescriptions to illustrate the use of drugs in the different disordersof function. For hypersecretion hyperchlorhydria, acid dyspepsia, etc sodium bromid 10 grains bismuth subcarbonate 15 grains chloroform water 1/2 ounce this mixture to be taken before meals sodium bicarbonate bismuth subcarbonate heavy magnesium carbonate, of each equal writings a small teaspoonful of the powder to be taken mixed with a little water or milk about two hours after meals for deficient secretion hypochylia, achylia, gastritis, etc sodium bicarbonate 10 grains tincture of nux vomica 10 minims spirit of chloroform 8 minims compound infusion of gentian 1/2 ounce this mixture to be taken before meals dilute hydrochloric acid and glycerin, of each 15 minims with enough water to make half an ounce, to be taken about twenty minutes after meals for defective motility atonic dyspepsia, gastroptosis, etc hutchison recommends the use of 10 minims of tincture of nux vomica in an aromatic vehicle, such as infusion of quassia and compound tincture of cardamom. But another aromatic bitter, such as the compound tincture of gentian, will serve quite as well, of course this is to be taken before each meal, and for the flatulence that often accompanies this trouble he gives menthol, aromatic spirit of ammonia and spirit of chloroform, as may be needed for acid dyspepsia robert saundby recommends the following to be used before each meal for the relief of acid dyspepsia. Sodium bicarbonate, bismuth subcarbonate, magnesium carbonate, of each 10 grains. Mucilage of tragacanth 15 minims, and enough peppermint water to make an ounce these are only a few of the conditions that are discussed by hutchisonand saundby, but they serve to show that the treatment of indigestionby a single prescription or combination is wholly irrational bell-ans, both under its present name and under its older name, “pa-pay-ans bell, ” has always been alleged by its manufacturers tocontain papain or to be a preparation of the digestive juice fromthe fruit of carica papaya papaw with other substances variouschemists have attempted to find papain present and to determine thedigestive power of the tablets, but without success for this reasonthe journal suggested that the change of name from “pa-pay-ans bell”to “bell-ans” was probably not made entirely for euphonious reasons, as alleged, especially when one considers that the name of a nostrumis its most valuable asset it is much more likely that as analysesindicated there was not and probably never had been any papain presentin the product, the name was changed for fear that essay day themisleading term “pa-pay-ans” might bring the preparation in conflictwith the federal food and drugs act pa-pay-ans bell was examined for the council on pharmacy andchemistry in 1909 and the tablets were found to consist of charcoal, sodium bicarbonate, ginger, saccharin and oil of gaultheria nodigestive ferment could be detected in the tablets sodium bicarbonateis antacid and serves to dissolve mucus. Ginger, if in sufficientamount, causes the expulsion of flatus, and charcoal, while anabsorbent in the dry state, is probably useless for any therapeuticpurpose whatever after it becomes saturated with gastric juice bell-ans, then, has all of the virtues, which are few, and all ofthe limitations, which are thesis, of a tablet of sodium bicarbonateand ginger its value in the treatment of acute indigestion would belimited to the value of a tablet of such a composition it is absurd tosuppose that it could have the slightest value in the far more seriousconditions attended with intestinal indigestion, with the toxemia andautointoxication to which they give rise bell-ans is now advertised directly to the public-- but it is no lessvaluable on that account true, it is a “patent medicine” in thecommonly accepted sense of the term, but it is no more a “patentmedicine” today than it was fifteen years ago when it reached thepublic, not through the direct medium of the newspapers but the moreindirect route of the medical journals and undiscriminating physicians it is true that, in view of the serious nature of thesis conditionswhich are loosely spoken of by the public as “indigestion, ” its presentmethod of exploitation is likely to make it just that much moredangerous because of the larger publicity that will be given the pointto be borne in mind is that bell-ans is now in fact what it has alwaysbeen in essence, a “patent medicine ”illustration. - - - - - - - | business notice | | | bell-ans | | absolutely removes | | indigestion one | | package proves it | | 25c at all druggists | - - - - - - - typical of bell-ans advertisements as appearing in newspapers again we ask the question. How do you wish to be classified, doctor-- among those who follow blindly the lead of a firm of nostrummakers, or among the intelligent members of the profession who studytheir paper carefully and prescribe intelligently?.