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TAe Medico-legal journal
:iark Bell, Alfred Waldemar
lerzog, Medico-Legal Society of New York
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Google
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THE
MEDICO-LEGAL JOURNAL.
c'Uy-(^3
Fi$hMak4d undmr the Auspices •/the Medico-Legal Society of New York.
CLARK BELI^, Esq., Editor- in-Chibp.
ASSOCIATE editors:
LEGAL.
MEDICAL.
A. WOOD RENTON, Esq., London.
Judge ABRAM H. DAILEY, Brooklyn.
Judge JOHN F. DILLON. New York.
Judge H. M. SOMBRVILLE, Ala.
Judge A. I^ PALMER, New Brunswick.
Prcrf: W. L. BURNAP, Vermont.
fodgeC G. GARRISON, Camden, N. Y.
T. GOLD FROST, Em., Minnesota.
W. H. & MONCK, Esq , Dablin.
W. W. IRELAND, M. D., Scotland.
Prof. J. T. ESKRIDGE, Denver, Colo.
FERD. C. VALENTINE. M. D., N. Y.
GEORGE B. MILLER, M. D., Phila.
JULES MOREL, M. D., Belgium.
NORMAN KERR. M. D., London.
HERMAN KORNFELD.M. D., Silesia.
WM. ORANGE, M. D., London,
Dr. HAVELOCK ELLIS, London.
SCIENTIFIC.
ft
Prof. VICTOR C. VAUGHAN, Mich.
MORITZ ELLINGER. Esq., N. Y.
ProC W. XAVIERSUDDUTH.Chicago.
Prof. R. O. DOREMUS, New York.
C. VAN D. CHENOWETH, Mass.
Prof. W. B. MacVEY, Boston.
MEDICAL.
GRANVILLE P. CONN, BID. Concord.
ftot A. P. GRINNELL. Burlington, Vt.
R.HARVEY REED,M.D., I«ck^iig. Wy
NICHOLAS SENN, M. D., ChicagOf
CHARLES K. COLE, M. D., Montana.
DWIGHT J. KELLY, M. D., Ohio.
RAILWAY SURGERY.
LEGAL.
CLARK BELL. Esq., New York.
C. H. BLACKBURN, Esq., Cincinnati.
Judge CONWAY W. NOBLE, Cleveland.
Judge WILLIAMH.FRANCIS,N.Y.Clty
Hon. J. M. THURSTON, Nebraska.
C. A. LIGHTNER. Esq., Detroit.
VOL.XVII.-No. 1.
NEW YORK:
MEDICO-LEGAL JOURNAL
1899.
i
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the follomng>re tlie EXC:lAl4G^ TOU RNAI^.
ArchlVM Italiaa,
Arciiivlo Gluridloo,
Arduves ii'Aiinhxogoiiogi^
GrlmlnaJie,
AUaniat and Neurolo^ldt,
▲mericAu jou r n a i o X
AmeriGAn JLaw RegiBiar,
Arcmvttb ol Fediamoa,
ArolilvM de la FayotilaUe
CUniqiM «t t«6sale «t de
Neuroiosle,
▲oadomM dt lAedlotiie d«
i^arUl,
Americaa Journal of Fssr-
Amorloan Cbemloal Jour-
nai.
Amarlcan Law KotIow,
Atlanta Modload and 8ur>
doal.
Asylum Journal,
AfWMiil— MedAoo-Pvycttio.
▲rehiTio di Pal Boi pen ol
anuo orim.,
AichXevu de Neuroloslo,
Annalee Soolete MecUoo-
I^esal, ed Belire.
AiMtleotto,
AreUvla par la Makuota
Narvoea*
Albany Law Jonmail,
Axntncan Mloroeoopi • a 1
Journal,
Ala. Mod. and Burg. A«e,
Amer. lied. Revtow.
Aimala Univ. Med. 8ol-
Ameiitoan Anctor,
Amorlcan Academy of
Pol. and Soe. Science,
Aenllohe Saohyonptaad-
inceu-Zeitunc*
Amorloan Uomoa,
American Medical Jour-
nadlet,
Atlantlo Med. Weekly,
Amer. Monrttaly Rotroe-
•poet,
Amer. Journal of Mod.
Science,
XppUed Microooopy,
Amer. Med. Joumallec.
American Bconomlat
Atlantic Medical Weekly.
BufliUo Medical Journal,
British Modloal,
Bootoo Miedical and Sur-
sical JoonMl,
Baebetor of Aiim,
BuUeitin Soelotle de Med-
telno Mentalo Btf flqve,
Barrleter,
i»ook Mews,
"Cronica Medica Qulru-
Kictt."
Canadian Practitioner,
Cemxal Law Journal,
Oeuu Keporber,
CtUcaco JkLML Times,
cnuron Union,
col. aaid KJun. Record,
Conz^^ticui iditate Board
of UjmUiUi,
Courier of Medldno,
CentraLbiaiot fur Nerv.,
iTanadlan Law Times,
Obarlatte Med. Journal,
Columbia Law Times,
uomlniT Journal,
Cape Law Journal,
Chicago Law Journal,
Criminal Law Magasine,
Obicago Liegail News,
Columbus Mod. JournaA,
Current Literature,
Canadian Journal Med.
Surgery,
Cleveland Journal of
Medicine,
Chioego OUnic,
i>er IirenXreund,
Der Oericbtsaaal,
Del KoQgelige Sundheds-
koldegiums,
Dramaitto Mows,
Davenjwrt Acad, of Nat
ScioDoe,
DotroK Legal News,
Dietetic and Hygiene Ga.
Englisn Lunacy Oommls.,
IBngUih Illustrated Ma-
Fnank Leslie's Monthly,
PViedrich's Blatter,
Fordhand Syensta La-
kare SaUskapts,
Fort Wayne Med. Jour.,
FtBhlng Gasotte,
Guy's Hospital RepomU,
Qasette del Titbunal,
aiomsle dl Nouropata-
Gaceta del Hopltal Mill-
tar,
Gerichtl Zeltung, Viemuk
Gasetto das Hopttanx,
Hygienic Boo. of Athena,
Greeoe,
rfyglea.
Harvard Law Review,
Hodstein Frieetin Regis-
ter,
Hot Spoings Mied. Jour-
Irish lAw Times,
IHinois State Board ef
Iowa Siaite Med Reporter,
iiMer CoUegta to Law
Journal,
Internauonal Journal ef
Surgery,
intematlooal Joumai ef
£>thics.
Index Medioue,
Iowa Law Bulletin,
U PiaanU Geaetta fteo-
Indiana Law Joumai,
Intelligence.
Johns Hopklne Univer-
alty.
Journal of inebriety.
Journal of Medical Set,
Journal of Nervous and
Mental Diseases,
Journal of Med. and Sot,
Journal of Juxtsprudeooe,
Joumai de Medicine,
Jahrbuober fur Psyohl-
atrie, '
Joumai of Med. Scleaoe,
Joumai of Bleotro Theca^
peoaos,
Kansas City Med. Index,
LiL Psi. la Neurol e fkL,
Llpptnoott's Mega sine,
L'AuthropoJogle,
London Lancet,
Lttitett's Living Age,
Law Quarteiay Revtew,
Le Progress Medicale^
Louisville Medical Newa,
Lunacy and Oharlty,
Literary DIgeet,
Law Book News,
LAgal Intelllseiioer,
Law Students' Helper,
Lancet Pub. Oo.,
Law Btodeats Journal,
Mass. State Boaid eC
Health,
Medico-Legal Sodetr «C
Miedical Review eC
TiewSi
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HzcHANGB JouRNAi^— Contintied.
lUdloal inmiilM, Phr^nolosioaa Jouniil, : r/Bunm^Ur •mA
Madiml N«w«. PodycUiiAo. ;"/)
Ml— mgti of Nenroteinr Psyohoaoi^cal Reyl«w, ^ 7*1^ TTji-pn^^«ffi«ii«
and Foranfllc Psyoo- Peiui Yan Dtciocmt* ;" i«m Blectolc Maciisine,
patbolonr, St P«bM«- Phyaloiaii Buivtoii— Poljr- TminiffiiHi StaiU Boacd «f
tmrs. ellnle. N. T., ^ Heia«b^
Kodern Art,-M6<11iliMil» Pa. Btvt^ Ooim.of Ijuiumt, TIm Jurist,
taamta, PubUe Optnlon, Ihm Oa<»a Imw Jouraal,
]f«dMiM, Piittabuiv Iiival JoumaA, TIm Ajntrlovi Joarnal «C
Itaiocmli IfbottilT. I^ «ad N«rT« BmUl FnyiGiiokicy.
IfedtaM Law TiiiiMl. Kbarkoff , BnMria, Th* Qema Ba«,
IHdIcal Proenas, Popular Sctanea Nttwa, TIm O9M1 Oo«rt,-nio
Mich. lAw JouriMl. PWL Madloal JouiuaS. ^?^;
mmL lAw J^wnaL Piddto Health Jouraia, 'IIm Avtiia,
^^^ •^■^'*^?^ logna, Towui BanltarlMi,
"^S^Si RoTuo Mo^Moaao. Tom. M«Moa« Joimal.
lisrsLM. R*i>«torto^Hia«cio. ™s?*wi?^'T2;i
liiBd l*ovlow of RoiFlows, Turf, siold and Farai,
2Sto* P-aihmy Surfoon, '^'^ I-««^ AdvliNr,
S^MftenUjMi Railway A^e, Tlio PliUl«tlno,
ssrsTssTBuHMi.. 5^^*if«^!:?sf~' ^^^^:l^'^'
RoTlata PMMilo, ^"** ^^"M^P*»»
HoTlata Mod«oo-l4ocal, ^^ PhyMdaa aod 0iir-
^ RoTitota Clzkotlpaa do ••on,
^^^^c^i^^, Yooesuola. ^*^* OUnloal Rooordeir,
19ulk Amorioaii RoItow, Rovlsta do Nonxmloglo '^^ Modloal and Suryl-
Now Oifoam Mod. and Foychlatn, c^ Monitor.
•wv. Romota do Afatropolodo ^^^ FamUy PhyMclan.
Now Bnsland Modtoal, CrlmlnoUa of Clenolao Tho Aintl-PhllllaUnoL
Now Yof« MML Roeort. Medloo-Iii«atee,
Nortfik MottdiMkt Arftlv Roirlota do Antropolosln UnlTOMtty (Law BitfTow,
N. T. Stnto Mod. Ro- Orlmlnal (Madrid), unkm Induotrtal Dnkt
porCar, Bovlota Cllnloa, Penal,
HitftoDal Pop RioTlow, ^t?** ^ Nourol, mmA UnlyoroaJ Mod Sdonoea,
N. J. Law Jioomal, ^^3r. (Uabon),
H. W. Law RoTlow. »*^^ «« Nenrologlo yi^^^ i^^ Re^altar.
N. T. Law RoTlow, Vlivliiki Modloal Btnl-
Watlntial CorponMthm Ro- Sootch Board oC Lunaoy, Monthly,
Pdrter, Sanltartan,— Boionoe,—
N. Ankor. Journal of DI- Sonttary Rooord, w.A«i«m»- v^ x^wnm^j
acnoala and Pimctloo, SmlthooDlan Inatituto, wS!S. IS^.^^ w
lfor«bAmortoanlM.Ro. Bockrto Medloino Legate j^SSll,
». C Med. Jounayi. Bocloty D'Ancairopoao«Io, w^S^viS^^'S?^
H. T. FOtyoUirte, BruaMlo. ^•^ vimnm ifar,
fiocioty for Foyohtoal R«- ^ « ,
rOeolMlaiio. aeapoli, X-Ray JouivaL
Bodoty nor ProoMtlnv Ike
_ WeWai* of the Ikunao. '*'•*• ^^w Journal,
Noleaof I
***^^* StLouki Oourlor of Mod.. Zeltochrlft fur Sohwiiair
Biolllo Modloai Journal, g^.! KwallSd. jJlSmi. Strafooht.
-^- Rocord of Mofll- Bplrtt of the Tlmoe. ZeitwArlfl fw Peydtfaftre
aai BnrsMT, Susiootlre Therapontlea.
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SUPREME COURT OF MINNESOTA.
THE PRESENT BENCH,
Hon. Dantel Bcck, Hon. Loren W. Collins,
Associate Justice. Associated Justice.
Hon. Charles M. Start,
Chief Justice.
Hon. Wm, Mitchell. Hon. Thomas Canty,
Associate Justice. Associate Justice.
From adiHince sheets Supreme Court 0/ the States and Territories 0/ North America.
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I
MINNESOTA.
BY CLARK BELL, ESQ., LL. D., OF THE BAR OF N. Y. CITY.
Early Territorial History.
In 1688 Nicholas Perrot first planted the Cross and Arms
of France on the soil of Minnesota and laid the first formal
claim to the country for Prance, he built a fort at Lake
Pepin near Lake City. Jean Nicolet, a French explorer,
in 1635, wintered near Green Bay and brought to Montreal
the first mention of the Aborigines of Minnesota. In
1650 to 1660, Groisellcrs and Radison, Frenchmen, winter-
ed among the Sioux Indians in the Mille Lacs R^on.
Duluth had ascended the St. Louis River to Fond du
Lac and held a council with the Sioux Indians in 1679
and 1680, he met Louis Hennepin, a Dutch priest, at the
Sioux village of Mille Lacs Sioux.
The French after 1696 occupied it and in that year Le
Seuer built a fort on Isle Pelee in the Mississippi River
below Prcscott
In 1700 Le Seuer established Fort L. Huillier, on Blue
Earth River, and in 1727 the French built another fort on
Lake Pepin with Sieur de Lapperreire as commander.
By the treaty of Versaillies, France ceded that part ot
Minnesota lying east of the Mississippi River to England
and west of that river to Spain. In 1796 the laws of the
Ordinances of 1787 was extended over the northwest
May 7th, 1800, that part of Minnesota east of the Missis-
sippi River became a part of Indiana by the division of
Ohio. On December 20th, 1803, that part of Minnesota
west of the Mississippi River for forty years in possession
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2 SUPREliE COURT OF MINNB60TA.
of Spain as a part of Louisiana was ceded to the United
States by Napoleon Bonaparte who had just obtained it
from Spain.
In 1805, Upper Louisiana was organized as Missouri
Territory and Captain Pike obtained the Port Snelling
Reservation from the Dakota Indians.
In 181 2, the Dakotas, Ojibways and Winnebagos joined
the British during the war and Lord Selkirk established
the Red River Colony.
In 1 819, Minnesota east of the Mississippi River became
a part of Crawford county, Michigan, Fort Snelling was
established and one at Menlota.
In 1854, Minnesota west of the Mississippi River was at-
tached to Michigan.
In 1836, the Territory of Wisconsin was organized em-
bracing all of Minnesota east of the Mississippi River, the
rest attached to Iowa.
In 1837 treaties were effected with the Ojibways by
which they ceded all their pine lands on the St Croix
and its tributaries and with the Dakotas for their lands
.east of the Mississippi.
^he treaty was ratified by Congress in 1838. In 1846
Congress passed an enabling act for Wisconsin and in 1847
the Wisconsin Constitutional Convention met and acted.
On May 29th, 1848, Wisconsin was admitted leaving
Minnesota (with its present boundaries) without a govern-
ment
July 23rd, 1851, the treaty of Traverse Des Sioux was
completed they ceding all the territory west of the Missis-
sippi to the United States. This treaty was ratified July
26th, 1852, by the Senate of the United States.*
*Por the early hiftory, I am indebted to the Minnetota LegialatiTe
Manual of 18^.
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supreme court of minkbsota. s
Orgavic Law.
The organic act by wliich Minnesota was made one of
fhe territories of the American Union, was passed by Con-
gress March 3rd, 1849. Section 9 of .that act created the
Sopceme Court of the Territory in which the judicial
power was rested and the court organized by a chief justice
and two associate justices, who were required to hold a
term at the capitol annually, to hold their offices for four
yean, any two of whom made a quorum.
The territory was divided into three districts, in each of
which one of the said judges should be assigned and re-
side and hold district courts at such times and places as
should be fixed by law. Both original and appellate juris-
diction with chancery powers were conferred upon the
court thus created.
The Supreme Court sat as a court of appellate jurisdic-
tion in review of the decisions of the judges so sitting as
trkl judges in the district court
The judges of this court were appointed by the Presi-
dent of the United States by and with the advice of the
Senate. Their salaries were fixed at $1800 each annually.
Minnesota was formed out of a part of the lands origi-
naDy embraced within the limits of the territory of Wis-
consin and the organic law in section 12, provided; that
fbt laws in force in Wisconsin at the date of its admission
as a state should continue to be operative in Minnesota,
nnti] modified or repealed by the legislature of Min.
ncsota and all suits, civil and criminal, pending within the
territorial limits should be transierred, tried and proceeded
with in the courts created by the organic act
An enabling act providing for the admission of Minneso-
ta into the Union as a state was passed by Congress Peb-
rnary 26th, 1857, authorizing an election to be held as to
their acceptance of admission to the Union in June, 1857.
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4 SUBRBME CX)URT OF MINNESOTA.
This election resulted in the acceptance of statehood and
the ordering of a constitutional convention which prepared
a constitution that was adopted by the people October i3th^
1857-
On May nth, 1858, Minnesota was admitted into the
Union by Act of Congress and established as a Judicial
District of the United States, within which a District
Court was created.
The following were the judges of the Supreme Court
under the territorial organization:
Chief Justices.
Aaron Goodrich, June i, 1849, ^^ November 13, 1851.
Jerome Fuller, November 13, i85i,to December 16, 185a.
Henry Z. Rayner, December 16, 1852, to April 7, 1853.
(Never presided at a term.)
William H. Welsh, April 7, 1853, ^ ^^Y ^4» ^858.
Associate Justices.
David Cooper, June i, 1849, to April 7, 1853.
Bradley B. Meeker, June i, 1849, ^ April 7, 1853.
Andrew G. Chatfield, April 7, 1853, to April 23, 1857.
Moses G. Sherburne, April 7, 1853, *^ April 13, 1857.
R. R. Nelson, April 23, 1857, to May 24, 1858-
Charles E. Flandrau, April 23, 1757, to May 24, 1858.
Statehood.
The judicial power of the state is vested in a Supreme
Court, district courts, courts of probate, justices of the
peace and such other courts, inferior to the Supreme Court
as the legislature may from time to time establish by a
two-third vote.
The court was given appellate jurisdiction and original
jurisdiction but without a jury in such remedial cases as
may be established by law.
It was originally provided to consist of a chief justice
and two associate justices, with power to the Legislature to
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SUPRBICE COURT OF MINKBSOTA. 5
increase it to not exceeding four associates, to hold office
six years, to be elected by the people. In i88i the Su-
preme Court was increased to one chief justice and four
associate justices by the Legislature.*
The constitution provided for the division of the state
into judicial districts, respecting county lines, or as nearly
so as could be made, and these courts had original civil
and criminal iurisdiction, from which an appeal lies to the
Supreme Court except offences which are tried before
justices of the peace.
All the judicial and executive officers are liable to im-
peachment for corrupt conduct in office, or for crimes and
misdemeanors.
Two terms of the court are held in each year commenc-
ing on the first Tuesday of April and October at the Capi-
tol at St. Paul.
The clerk of the Supreme Court is an elective officer,
the term of office being four years. He may appoint a
deputy.
The reporter of the Supreme Court is an officer appoint-
ed by the courts to prepare the adjudicated cases for publi-
cation in official volumes, called "Minnesota Reports," of
which sixty-two volumes have been published. The re-
ports are now accumulating at the rate of four volumes
annually.
The present judges of the Supreme Court are as follows:
Chief Justice, Hon. Charles M. Start, of Rochester.
Associate Justices, Hon. Wm. Mitchell, Winona; Hon!
Loren W. Collins, St Cloud; Hon. Daniel Buck, Mankato;
Hon. Thos. Canty, Minneapolis.
The clerk of the Supreme Court is Darius F. Reese, Esq.,
of St Paul, and the Reporter, Henry B. Wenzell, Esq., of
St Paul.
^Chapter 141 I^wsof 1881.
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6 SUPREBIE COURT OF MIN^CBSOTA.
The following is a list of the Chief and Associate Justices
of the State since its admission to the U^ion with the ter-m
of service of each:
Chibf Justigbs, Suprrmk Court.
With dates and t^ms of service.
Lafayette Emmett, May 24, 1858, to January 10, 1865.
Thomas Wilson, January 10, 1865, to July 14, 1870.
James Gilfillan, July 14, 1869, to January 7. 1879.
Christopher G. Ripley, January 7, 1870, to April 7, 1874.
S. J. R. McMillan, April 7, 1870, to March 10, 1875,
Charles M. Start, January, 1895, to January, 1901.
AssociATK Justices, Supreme Court.
Charles E. Flandrau, May 24, 1858, to July 3, 1864.
Isaac Atwater, May 24, 1858, to July 6, 1864.
S. J. R. McMillan, July 6, 1864, to April 7, 1874.
Thomas Wilson, July 6, 1864, to January 10, 1865.
John M. Berry, January 10, 1865, to November 8, 1887.
George B. Young, April 16, 1894, to January 11, 1875.
J?. R. E. Cornell, January 11, 1875, to May 23, 1881.
D. A. Dickinson, June 27, 1881, to January, 1894.
Greenleaf Clark, March 14, 1881, to January 12, 1882.
William Mitchell, March 14, 1881, to January, 1899.
C E. Vanderburgh, January 12, 1882, to January, 1894.
Loren W. Collins, November 16, 1887, to January, 1901.
Daniel Buck, January, 1894, to January 1900.
Thomas Canty, January, 1894, to January, 1900.
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SUPREME COURT OF NEW HAMPSHIRE.
THE PRESENT BENCH.
Hon, Robert J. Peaslbb, Hon. Wm. Martin Chase,
Associate Justice. Associate Justice.
Hon. Robert M. Wallace, Hon. Isaac n. Blodgett, Hon. Frank N. Parsons,
Associate Justice. Chief Justice. Associate Justice.
Hon. John E. Younp., Hon. Robert G. Pike.
Associate Justice. Associate Justice
From advance sheets Supteme Court oj the States and Territories of North Amrrica.
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THE SUPREME COURT OF NEW HAMP-
SHIRE; AN HISTORICAL SKETCH.
BY HON. ALBERT STILLMAN BATCHBLLOR.*
The first period of New Ebmpshire history, extending
from its banning, under the patent to John Mason, to the
union with Massachusetts, in 1641, contains little of inter-
est appertaining to courts and the administration of jus^
tice The first settlement was not earlier than i6aa nor
later than 1623, ^^^ when the union with Massachusetts
was accomplished, in 1641, the future state consisted of
four unimportant frontier towns, Portsmouth, Dover^
Hampton and Exeter. The legal forms and usagto of the
Massachusetts Bay colony were followed to some extent,
and these were supplemented by the laws which each of
these towns enacted for its own government, each having
a governor and assistants, and they being the magistrates
for the enforcement of local laws. There was, however^
during this period, nothing worthy the name of a judicial
system, and the most important judicial proceedings, of
which we have record, arose out of quarrels between
church factions.
The Massachusetts colonists had, for some time, in the
period just mentioned, cherished the design of purchasing
the Masonian title, and absorbing the New Hampshire
settlements; and an influential part of the New Hamp-
shire settlers, many of whom had come from Massachu*
*The writer of tbk article it a member of the law firm of BatcheUor
& MitcheU, formerly Bingham, Mitchells & Batchellor, of Concord and
littletoa, N. H. He ia also editor of the new edition of Province Lawt^
' in ptoecaa of preparation and publication for the state.
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8 SUPRBMB COURT OF NEW HAMPSHIRE.
setts, were not averse to the execntion of this purpose.
The first steps were successfully taken while the Masonian
heirs were unrepresented or in infancy, and their title was
without aggressive defenders. In 1641 these four towns
sent deputies to the General Court of Massachusetts Bay,
a court in fact as well as in name, the people having re-
course to it in judicial as well as in legislative affairs.
The towns north of the Merrimack, including the settle-
ments in the Mason grant, were erected into a county.
For some or all of the towns the General Court appointed
magistrates, and ordered that a court should be held once
or twice a year in each town, to be constituted of two or
more of the designated local officials. This was called
the court of the associates, and had jurisdiction of all
causes to the value of twenty pounds. Inferior courts
were also constituted, with jurisdiction of causes to the
amount of forty shillings.'*' The Massachusetts Bay au-
thorities were, however, unable to compass their design of
purchasing the title to the Mason grant, and when the
heir, Robert Mason, came to his majority, he determined
on securing his own, and developed an enterprise and en-
ergy worthy his distinguished ancestry. He succeeded at
last in persuading the royal ministry, — already dissatisfied
with the policy of Massachusetts Bay, — to erect the Pro-
vince of New Hampshire, and annul the union which had
existed since 1641.
In 1679 ^^^ ^^^^ towns of the frontier county of Massa-
chusetts, and the outlying wilderness, became the Province
of New Hampshire, and it was given a well ordered and
permanent government. Under the royal commission the
* Hon. Salma Hale stales this limit to haye been twenty shillings.
The Judicial History of New Hampshire before the Revolution^ reprint,
Grafton and Coos Bar Association, Proceedings, Vol. Ill, p. 55. See also
opinion of Mr. Justice Chase, in State v. Jackson, N. H. Reports, not jet
published.
Digitized by VjOOQIC
SUPREME COURT OF NEW HAMPSHIRE. 9
President and Council were made a Court of Record for
administration of justice, accoming to the laws of £ng^
land, so £eu: as circumstances would permit, reserving the
right of appeal to the King in Council for actions of the
value of ;^5o and upwards. The Assembly and Council
^•together with the General Assembly," should be the
Court ol Appeals. This may be called the first local Su-
preme Court established in the Province of New Hamp-
shire. It existed but a short time, as the code was re-
jected in toio by the King in Council. President Cutt,
who died in 1681, was succeeded temporarily by Waldron,
the Deputy President, and permanently by Edward Cran-
fidd. The latter appointed Robert Mason, Chancellor, and
the courts were made subservient to the Mason interests.
Cranfield himself had been made personally interested in
the Mason title, as an inducement to his acceptance of
the governorship, and he manipulated the constitution of
the courts in the interest of his cause. Cases were brought
to trial, verdicts obtained, and executions issued and levied.
^ectments, however, were not effective, and Mason could
not dispose of his lands to advantage. Complaints against
Cranfield were frequently urged before the King in Coun-
cil, and finally Cranfield retired from the province, leaving
the government in the hands of his deputy, Barefoote.
The latter continued the government, under the Cranfield
commission, until the administration of the province as a
aeparate government was suspended, in 1686, on the inau-
guration of the presidency of Joseph Dudley, which com-
prehended New Hampshire, with Massachusetts Bay and
other territory, in the Dominion of New England. This
was merely preliminary to the Andros administration,
which subsisted from December, 1686, to April, 1689.
Under this regime there was established a Supreme Court
for New England with Joseph Dudley as chief justice.
Digitized by VjOOQIC
10 SUPREME COURT OF NEW HAMPSHIRE.
The Uprising of April, 1689, resulted in the downfall of
Andros, and the collapse of the consolidated New Eng-
land government The New Hampshire towns were left
to their own devices. After several unsuccessful attempts*
to efiect a local confederation, recourse was had to another
union with Massachusetts Bay, which was perfected by
mutual compact, in February, 1690 (N. S.). This union,
continued till 1692, when the royal government provided^
by a new charter lor Massachusetts, and by a commission
for New Hampshire, for a colonial government for one^
and for a re-establishment of the province for the other.
In this period of about three years of temporary home
rule, the courts of Massachusetts, as existing prior to the
so<alled Dudley-Andros usurpation, were re-established^
and the judicial history of Massachusetts Bay and New
Hampshire are identical.
The act of 169a, reorganizing the courts under the new
provincial government, provided for a Supreme Court of
Judicature composed of a chief and three associate justices^
to have cognizance of all pleas, civil, criminal and mixed^
as fully and amply as the Court of King's Bench, Common
Pleas and Exchecquer, within their Majesties' Kingdom of
England, have or ought to have; also that there should be
a Court of Chancery with power to hear and determine all
matters of equity within the province. This court of chan-
cery consisted of the governor and council, the governor
having the right to nominate a chancellor to serve in his
stead. This act, and the system established under it, re-
mained in force until 1699. Reforms were effected under
the judiciary act of this year, by which a new court was
established in place of the Supreme Court and described as
the Superior Court of Judicature, with a chief and three
associate justices as formerly, and with a similar jurisdic-
tion. This court was given, by the act, a modified equity
Digitized by VjOOQIC
SUPREME COURT OF NEW HAMPSHIRE. 11
jttrisdiction. Whether the chancery jurisdiction of the
governor and council continued after this date is a historic
cal question, which has had careful consideration by the
modem courts in several leading cases. (Connecticut
River Lumber Co. & a v. Olcott Falls Co., 65 N. H. 290 ;
State V. Saunders, 66 N. H. 39, and cases cited.)
The courts having now become established on a perma-
nent and satisfactory basis, there is little of interest or im-
portance to note in the ontline of the judicial history of
the province during the three quarters of a century which
elapsed before the war of the Revolution. An examina-
tion of the English archives develops one fact, however,,
which is not easily explainable. In 1706, according to the
records of the Privy Council, it appears that the New
Hampshire judiciary act of 1699 ^^ disallowed; it was,,
nevertheless, included, in 17 16, in the first general printed
compilation of the province laws, and was recognised, in
each subsequent compilation, as the law governing the
constitution of the courts, until it was formally disposed of
by a general repealing act in 1792. In the main its gen-
eral provisions were re-enacted at that time and were con-
tinued till 1813, As to jurisdiction over parties and causes,,
as to rules of procedure, methods of trial and the construc-
tion of the court, no radical changes are apparent for a
period of more than one hundred years.
During the war of the Revolution litigated questions
were held largely in abeyance, and the period was not one
of judicial development or activity in the state. The
jndges were men of action and a£Fairs and not specialists
in jurisprudence, reformers of methods of administering
the law, or creators of improved judicial sjrstems. As the
strain of war relaxed, the people began to give attention
to questions of titles, boundaries and general property.
Debts had multiplied beyond computation, and a depre*
Digitized by VjOOQIC
12 SUPREME COURT OF NEW HAMPSHIRE.
ciated currency had made havoc of values. A rigorous
code for the enforcement of judgments by levies on per-
sons and property, with exemptions and exceptions too
trifling and inconsiderable to require specification, wa&
available to the creditor class, and the courts were made
unwilling instruments for harassing the poor and punish-
ing the unfortunate. Happily the system of trial by jury
and the great good sense and practical philanthropy of the
iudges, about half of whom in the highest court being lay-
men, did much to preserve the fabric of government and
grant deliverance from anarchy in those days of material
depression and political uncertainty.
A new constitution was framed and ratified by the peo-
ple in 1783 and took efiFect in 1784. By the terms of this
instrument a distinct advance was made towards the estab-
lishment of the independence and integrity of the courts
by provisions for a permanent tenure, by the requirement
of an honorable salary, and the establishment of a distinct
line of demarcation between the three powers of govern-
ment The constitution of 1784 has been continued to the
present with only such modifications by amendments as
have emanated from four conventions, those of 1790-92,
1850-51, 1876 and 1889. The principal provisions for the
establishment and regulation of a judiciary made by the
constitution of 1784, were not altered in any essential de-
gree by these amendments. The changes which have
occurred have been of a statutory character, and those
growing out of undisputed usage and custom. On the
adoption of the Federal Constitution in 1789, the state
court was relieved of a part of its jurisdiction by the estab-
lishment ot federal courts. The Superior Court also found
itself in frequent conflict with the General Court, which
attempted to overturn judgments and grant new trials. An
actual collision occurred when the General Court attempted
Digitized by VjOOQIC
SUPREME COURT OF NEW HAMPSHIRE. 13
the impeachment of one of the judges of the Superior
Court Amendments were proposed to the constitution
providing ifor the establishment of courts of equity by un-
equivocal constitutional authority; the simplification of
the methods of court procedure; the reduction of the num-
ber of courts and court officials; and the defensive limita-
tion of the right of reviewing adjudicated actions and
granting new trials and the transfer of that power from
the legislative to the judicial department of the govern-
ment. These amendments were rejected by the people,
but the principles embodied in them subsequently became
subjects of more friendly legislative consideration and per-
manent enactment
In the period between the adoption of the amendments
to the constitution in 1792 and the establishment of the
new judicial system of 1813, the courts were subjected to
transitions in the direction of better administrative meth-
ods and other reforms that were important and varied.
The influences which promoted these results were complex.
Political causes contributed. A better and broader appre-
ciation, on the part of the people, of the necessities ot
good government, affected legislation touching the com-
pensation of judges and the efficiency of the courts. The
ancient court of sessions, which had civil and criminal
jurisdiction in each county, within certain limitations, was
abolished in 1894, and its duties transferred to the Court
of Common Pleas. The Superior Court effected another
advance by its own self-assertion. In 1791 the General
Court passed an act restoring a previously unsuccessful
party to his law, according to a current phrase. The
court denied a new trial, declaring the act to be unconsti-
tutional, and, in 1817, when another such act was passed,
the court again declared its unconstitutionality, thus deal-
ing an effective and fatal blow to this venerable abuse of
Digitized by VjOOQIC
14 SUPREME COURT OF NEW HAMPSHIRE
legislative power. The political conditions of this period
were as restless and turbulent as the storm-swept ocean,
and they had their influence on the courts.
In 1 813 the Federalists found themselves in power in all^
departments ot the government for the first time in seve-
ral years. They proceeded at once to reorganize the judi-
ciary. At the June session of the legislature an act was
passed by which the old courts were abolished, and every
superior and inferior judge was deprived of office. A new
Superior Court of Judicature was established, and two
circuit courts were substituted for the six county courts of
common pleas. The act contained valuable reformatory
provisions, such as the establishment of a law term, and
the permitting jury trials to be conducted by a single
judge. This legislation marks the beginning of a new
era. The Superior court of Judicature had come down
from colonial times, and the state constitution had only
affirmed its existence. The new court of 181 3 was cre-
ated by state authority. This legislation caused great ex-
citement, and was denounced as revolutionary by the
opposing Democratic party (then termed Republican). It
did, indeed, make a vicious precedent in the direction of
political interference with the integrity and stability of the
courts, which has since been invoked to the detriment of
the independence of the judiciary of legislative control.
Some of the judges of the old court ignored the legislation
by which they had been superseded, and attempted at first
to exercise judicial functions; but their conduct was re-
garded as farcical, and, in a short time, the court procedure
settled in its new courses without serious friction. When
the Republicans returned to power, in 1816, though they
removed the judges appointed three years earlier, by ad-
dress under orthodox constitutional forms, they also cre-
ated a new judicial system by legislative act, in order to
Digitized by VjOOQIC
SUPREME COURT OF NEW HAMPSHIRE. 16
place their own partisans on the bench; but the substance
of the reforms, which had been accomplished under the
3ci of 1813, was left undisturbed.
The ability and character of the court, down to the
next politioQ change, in 1855, was never seriously ques-
tioned, even for political purposes, and the consistency,
perspicuity and great learning of its reported decisions
:gave it credit and authority, second to no other in the
Union. The publication of reported decisions was begun
in 1816, and has sincm been maintained uninterruptedly.
During considerable parts of this period, the Superior
Court was concerned only with its law jurisdiction, the
jiisiprhis business being conducted by circuit courts, some-
times with county organizations and sometimes by dis-
tricts. Changes were frequent, both in the legal consti-
tution, personnel and jurisdiction of these subordinate
<x>urts. The principal legislation in this time, affecting
the highest court, was the act of 183a, abolishing the gen-
eral courts of common pleas, and creating a local court of
common pleas in each county. The number of Superior
Court Justices was increased to four, with the provision
that one should hold the term of common pleas in con-
junction with two local judges in each county. Legisla-
tion of 1849 required the Superior Court to consist of one
chief justice and four associate justices, and the common
pleas to consist of the justices of the Superior Court and
the judges of the common pleas appointed for each county.
By the act of 1851 the number of justices ot the Supreme
Court was reduced from five to three.
In 1854-55 came the political upheaval, brought about
by various causes, of which Know Nothingism^ so-called,
appeared to be the most potent factor, and with it a re-
-constmction of the judiciary, and a court of a changed
political complexion. The court of last resort, composed
Digitized by VjOOQIC
16 SUPRSME COURT OF NEW HAMPSHIRE.
of five judges, was named the Supreme Judicial Court, and
a Circuit Court, consisting of a chief justice and two asso-
ciate justices, was also constituted. In August, 1859, ^^^
latter court was abolished, a re-assignment of the circuit
work was made, and the judges of the Supreme Judicial
Court, their number being in the same act increased to
six, assumed the business of the trial terms. In 1870 and
1873, the Democratic party was given representation on
the bench, an innovation, which might well have made
the party hesitate about disturbing the judiciary when it
found itself in power in 1874. It followed, however, the
precedents of political warfare in New Hampshire, abol-
ished the Supreme Judicial Court, and established in its
place two courts, one a Superior Court of Judicature with
a chief justice and two associate justices, and another a
circuit court, also with a chief justice and two associates.
It was forseen that the circuit work could not be per-
formed by three justices at nisi prius^ and that assistance
would be required of the judges of the Superior CourL
The latter were authorized to sit in the trial terms, and
the members of the circuit court were to act in the law
term, to make a quorum when the judges of the law court
had become disqualified by sitting in- the court below.
Thus in practice the separation of the business of the
court and its apportionment between a law court and a
trial court did not proceed farther than the title of the act.
The Superior Court, by refusing to interfere in certain
contests over seats in the state senate, in 1875, became in-
volved in a conflict between the political parties. In 1876
came another political overturn, and with the accession of
the Republicans to power, the judiciary legislation of 1874
was repealed. There was a fresh reorganization of the
judiciary. The act of 1876 was simple and comprehen-
sive. The functions of law appeals and nisi prius were
Digitized by VjOOQIC
SJJFRBUM COXTItT OF NCIW HAMPSHIRB. 17
assigned to a single court The judges individually were
required to hold the trial term, and collectively to assem-
ble at the capital for the determination of issues of law in
banc In the personal constitution of this court the prin-
ciple of the recognition of both political parties was re-en-
dorsed by the appointing power. In 1877 the number of
associate justices was increased from five to six, and these
were divided equally among the two political parties.
The court has had before it various political questions
growing out of important election contests and other par-
tisan rivalries. The popular judgment upon its action in
this regard has been, as is usual in such cases, a clamorous
confusion of vigorous dissent on the one side, and equally
pronounced approval on the other. The increase in the
volume of wealth, the growing complexity of social and
business affidrs, the extension of the domain in which cor-
porations exercise their functions, and serve the ends of
business enterprise, the enlargement of the necessities for
and additions to the subjects of taxation, and the applica-
tion and adjustment of new legislative and constitutional
provisions to the changing and advancing conditions of
modem progress have made extraordinary demands upon
the courts of last resort during the last twenty-five years.
It is no exageration to say that the Supreme Court of
New Hampshire has dealt successfully with all these
questions. The period has been prolific in issues demand-
ing the most perfect judicial qualities — courage, discretion*
learning and statesmanship. The state is honored by this
patient, honorable, intelligent and judicial mastery of all
these occasions, which proves the integrity of free institu-
tions, and vindicates the principle of self government by
a free and intelligent people.
Digitized by VjOOQIC
JUDGES OF THE ^SUPREME COURT OF THE
PROVINCE OF NEW HAMPSHIRE.
FROM 169a TO 1776.
PRBPARBD BY J. W. FELLOWS, ESQ., OF MANCHESTER, N. H.
CHIEF JUSTICES.
1693-1694. Richard Martyn 1716-1717. John PUiited
X694-1696. Nathaniel Wcart 1717-1736. Samnel Penhallow
X696-1697. Joaeph Smith 1736-1732. George Jaffrey
1697-1698. Peter Coffin 1732-1742. Henry Sherlmme
1698-1699. Joaeph Smith 1742-1749. Gfoigejaflfrey
1699-1708. John Hinckea 1749-1754. BUia Hnake
1708-17x6. William Vanghn I754-I775- Theodore Atkinaon.
ASSOCIATE JUDGES.
1694-1697. Robert Wadleigh X726-1730. Peter Weare
1694-1696. Jowph Smith X7a9-i732. Andrew Wiggin
1694-1697. William Partridge X730-1738. Nathaniel Weare
1697-1698. John Gerriah 1732-1740. Nicholaa Oilman
1697-1698. Job Clements '733-1737- Benjamin Gambling
X698-X699. Kini^ey Hall I739-T749* Ellis Hnake
X698-1699. Shafach Walton 1739-1740. Joaeph Sherbnme
x69^i699. Richard Hilton 1740-1747. Samnel Gilman
1699-1714. John Geirish 1740-1742. Thomas Millet
1699-17 2. Peter Coffin 1742-1747. Jotham Odiome
X699-1716. John Plaisted 1747-1771. Thomas Wallingsford
X712-1729. BCark Hnnkinff I747-I775* Meshech Weare
X714-I7I7* Samnel Penhallow X749-1758. Joseph Blanchard
1717-1726. George Jaflfrey 1763-1775. Lererett Hnbbard
, 17x7-1724. Thomas Packer I77i-i775< William Parker.
The data for forming an accnrate list of lodges prior to 1776 are limited.
''Hiis list is based on tfie one printed in MorrMon^s New Hampshire I>i«
.igest, 1890, which was prepared by the late Hon. Charles H. Bell, whose
name gives assurance of all practicable acenxacy. See also i N. H. Rep.
. 388 ; 19 N. H. Rep. 4 ; 8 Coll. N. H. Soc 317. 347. 379 *n^ 393- , _ , ,
It does not appear from the record that the office was vacated by Chief
Justice Hinckcs in the four years 1 704-1708, though he did not sit as
judge, and probably was absent from the state. 8 Coll. N. H. Hist Soc
363. Beirs Bench and Bar of New Hampshire.
SINCE THE INDEPENDENCE OP THE COUNTRY IN 1776.
CHIEF JUSTICES.
1776-1782. Meshech Weare X85S-X955. Salter Woods
1782-1790. Samnel LiTennore 1955-1859. Ira Perier
1790-X790. Tosiah Bartlett 18^9-1864. Samuel Dana Bell
1790-1795. John Pickering 1864-1869. Ira Perley
1795-1802. Simeon Oloott X869-1873. Henry Adams Bellows
*This term is descriptive of the character of tlie Oonrt, rather than its
name. In the Constitution the highest law court is called ** The Superior
Court" and the Superior Judicial Court." In statutes passed from time
to time, it has been variously termed '* The Superior Court of Judicature,"
*'The Supreme Judicial Court," and " The Supreme Court"
Digitized by VjOOQIC
SUPSEIfX COURT OF NEW HAMPSHIRE.
19
1803-1809. Jcfcoiiali Smith
1813-1816. J«fcaiiali Smith
1816-1838. WUUam IL Richaidaon
1^38-1848. Joel Ptfker
1848-1955. j€hn Juam Gilchriit
ASSOCIATB
1776-17815. Lererett Hnbbttxd
1776-1783. Matthew ThomtOB
1776 -1781. John Wentworth
1782-1783. Woodhory Lftnfdon
1782-1700. JotiAh Bartlett
1783-1785. William Whipple
1784-1797. J^rn Dudlcj
1786-1 791. WoodbuxT tangdon
X790-1795. Sfaneon Oloott
i89f-i8(n. Timothy Pemr
1795-1790. Ebenezer Thompeon
1796-1798. Daniel Newcomb
1797-1799. Bdw. St I#. livennofe
1798-1809. Paine Wingate
1799-1809, Arthur liTcnnote
18Q3-1805. Wm. King Atkinson
1809-1813. Richard Bvana
1810-1812. Jonathan Steele
1812-X813. ClifUm Oaggett
1813-1816. Cal^ BUna
1813-1816. Arthur LiTermore
1816-1819. Sanraell Bell
18x6-1823. LeriWoodhnry
1819-1840. Santnel Green
1893-183J. John Harria
i^-i^ Toel Parker
1^-1842. Nathaniel G. Upham
1^8-1840. Leonard WilcoK
1840-1848. John James Gilchrist
x84&-x8!S5. Andrew Salter Woods
1848-1^0. Leonard WilcoK
1849-1859. Ira Allen Bastman.
THE SUPERIOR COURT OF JUDICATURE.
1874 to 1878.
Chixp Justics.
Edmund L. Cuahing.
AssociATB Josncss.
WilUam Spencer Ladd, Isaac William Smith.
CIRCUIT COURT.
1874 to 1876.
Chibf Jusimcs.
William Lawrence Poater.
AS80CIAT9 JUSnCBS.
Edward Dean Rand, Clinton W. Stanley.
873-1874* Jonathan B. Sargent
876-X896. i^iarleaDoe.
896-1898. Alonzo p. Carpenter
898-X898. Lewis Whitehonse Clark
898- Isaac Newton Blodgett
JUSTICES.
849-X959. Samnel Dana Bell
^50-1852. Ira Perky
[855-1839. George Yeaton Sawyer
B59-1873. Jona&an E. Saigent
[856-1861. Asa Fowler
:859-x869. Henir Adams Bellows
859-1874. Charles Doe
^9-i87a Geofge W. Nesmith
861-1867. Wm. Henry Bartlett
867-1874. Jeremiah Smith.
869.1874. Wm. Lawrence Foster
870-1876 Wm. Spencer Ladd
^3-1874. Ellery Allbe Hibbard
•74-1876 Isaac William Smith
876-1881. Wm. Lawrence Poster
876-1884. Clinton W. Stanley
876-1877. Aaron Worcester Sawyer
[876-X880. George Azro Bingham
876-1893. Wm. H. Harrison Allen
•77-1895. Isaac William Smith
^ -X898. Lewia Whitehonse Oark
>-i898. Isaac Newton Blodgett
881-1896. Alonzo P. Carpenter
:884-i89X. George Azro Biiu'ham
892- William MartinChaae
893- Ira Colby [dedined]
893- Robert Moore Wallace
895- Prank Neamith Parsons
896- Robert Gordon Pike
898- Robert James Peaslee
... John Edwin Yonng
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^THYSICIANS-EXPERT WITNESSES.'*
"SOME REFORMS."
BY HENRY WOLLMAN, ESQ., OF THE KANSAS CITY BAR.
Human testimony is extraordinarily fallible, and judges
and experienced lawyers do not ordinarily permit it, when
segregated from the probabilities, from letters, papers,
documents and the physical facts, to determine them in
their decision as to what is right and what is wrong. Bat
the public, more confiding, more trusting — ^less observant
— far less experienced, does have a very high opinion of
the correctness and truthfulness of testimony given in
court ; but never when it comes to the testimony of ex-
perts. That is the subject of everybody's sneer, and the
object of everybody's derision. It has become a newspaper
iest. The public has no confidence in expert testimony.
In discussing expert testimony, I shall confine myself to
the expert testimony of physicians, although what I shall
say will apply to a great extent to all expert witnesses —
handwriting experts, chemistry experts, and those swiftest
of all experts, (except insanity experts,) real estate agents
testifying to value.
What I shall say is not intended to apply to the testis
mony of all physicians. A great many, by the straight-
forwardness of their testimony, by their truthfulness, can-
dor and impartiality, challenge the respect and admiration
of every one. The good things a man does in lite, though
extending through decades, do not fix his reputation as
much as the bad things, though extending only through
minutes. Fifty years of right doing are often forgotten by
Read before the Medico-Legal Society, April Meeting, 1899.
Digitized by VjOOQIC
EXPERT WITNESSES. 21
the public when it learns of one moment of wrong doing.
So it is with the medical and legal professions — they are sel-
dom given fnll credit for the goodthey may do,but are blamed
and held responsible for the wrong doing of a few. There-
fore it is to your interest, more than that of any one else,
to have whatever is reprehensible and discreditable in con-
aection with expert testimony, remedied and corrected,
and adequate reforms instituted.
In expressing my views here about some of the members
of the medical profession, although they may be your own
views, I may find myself in the position of a Missourian who
went into Kansas many years ago, during the time when
James H. Lane was the United States Senator from Kan-
sas, and when, as you all know, it was fashionable for
aearly everybody over there to abuse him. This Missou-
rian walked into a group of excited street comer politi-
cians, and heard a great big fellow abusing Lane most
vigorously and viciously. This Kansan expressed the
Missourian's sentiments to a letter, but the Missourian
fdt that he ought not to stand by in idleness, so he went
at it himself, and he took a few very vigorous shots at
Lane's reputation. The Kansan immediately turned
anmnd and thrashed him within an inch of his life, and
when the Missourian came to he asked the Kansan, ^^ Why
did you lick me; I didn't say anything worse about Lane
than you did ?* The Kansan replied, ** I know that — ^it's
all right for me to talk that way about the United States
Senator from my state, if I want to, but I don't propose to
let any damn Missourian come over here and talk that way
dx>ut our Senator."
There is much in the manner of physicians testifying
that weakens their testimony.
The most important thing for a witness is to impress the
judge and jury with his absolute sobriety of thought, his
Digitized by VjOOQIC
22 EXPERT WITNESSES.
earnestness of purpose, and his unquestioned sincerity.
The average physician permits himself, on the witness
stand, to be drawn quickly into a fencing match with
shrewd counsel, and while it is tme that the doctor often
gets away with the lawyer, because he knows more about
what he is talking about than the lawyer, and is often able
to crack an exceedingly biting, bitter and galling joke, at
the lawyer's expense, still every time he does it, he has
weakened himself with the jury. They regard him as a
sharp man, and as a rule people do not readily trust sharp
men.
Within the past two weeks one of the leaders of our bar,
who is as homely of face as he is strong of intellect, and
who deservedly commands the respect of every one, was
very vigorously cross-examining a plaintiff, and said to
him, *^ If I came into your place and offered to sell you
certain paper, and you could buy it very cheaply, you
would do so without asking any questions, wouldn't you V^
The plaintiff (witness) quickly, gloatingly replied, " No, I
wouldn't buy it of you at all. I wouldn't buy anything of
a man with such a face as yours. I would be afraid to
deal with you." Every member of the jury knew the law»
yer and knew how cruel, unkind and undeserved such a
remark was. The plaintiff had stabbed the lawyer, but he
lost his case.
When the temptation is on you to crack a joke, on the
witness stand, remember that as a rule we laugh at jokers
when that becomes their predominant characteristic, but
we do not have any great amount of faith in them. Take
the clown in the circus; take the comedian on the vaude*
ville stage; he makes you forget your troubles, your trials
and your tribulations ; he makes your very sides split with
laughter, but you don't care to associate with him. You
rather pity him.
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BXPSST WITNESSES. 2S
Every lawyer will tell you that every time a witness, on
liis side, cracks a joke, that instead of laughing he feels
like fighting. I can illustrate this very well by a story
that is somewhat apropos. I had a case in our circuit
court in which I sent to the Indian Territory to get a wit-
ness who had formerly been a merchant in this city. He
was to be the star witness oi my side. When he got on
the witness stand I asked him what his business was, and
he commenced laughing and said, ^^ Killing Indians.'*
What he meant to imply was that he was selling liquor at
wholesale, and that that was his method of killing the In-
dians. The moment he gave that answer the court room
became convulsed with laughter ; everybody laughed ; he
laughed himself; that sort of fools always laugh at their
own jokes ; even the judge laughed, but after that no one
paid any serious attention to his testimony. They did not
regard him seriously ; they did not believe what he said.
He had indirectly told a lie in cracking his joke, and the
jury simply thought he was a lighthearted, joking sort of
a fellow, who would sacrifice any and everything for the
purpose of getting oft a joke.
Naturally and necessarily lawyers understand human
nature thoroughly. Next to their knowledge of the law^
their knowledge of human nature is their most important
stock in trade, and they know that if they can provoke a
doctor into saying sarcastic, sharp, savage things, or crack-
ing jokes, that they have robbed his testimony of its most
important qualities, and have destroyed its influence with
the jury.
Suppose you were sitting on a jury, and two men were
testifying, one a quick, sharp, bright, flippant, joking, sar-
castic man, and the other an old-fashioned, slow thinkings
slow talking farmer, and they two were the only witnesses^
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24 EXPERT WITNESSES.
some way or other, you don't know just how, but you
would believe that old farmer every time.
The witness, testifying as an expert, must be cautious,
careful, serious, old-fashioned, you might say, about what
he says, and he will carry conviction. I would again warn
you against getting into a duel of words with counsel, say-
ing cutting things to a lawyer, although he may have
earned it, or cracking jokes. Let the jury think you are
a little slow, if they only think you are honest and sincere,
and know what you are talking about.
The next objection that I would urge to a great deal of
testimony, is the unfortunately vain desire of many of the
younger professional men to show o£F. They allow their
desire for ostentation to get away with them. They ans-
wer questions by delivering essays, when a short "yes" or
"no" would be just as well. They use big words ; they en-
deavor, in any and every way, to impress upon the jury
that they are the real thing, and that they know it all.
Now, twelve sensible men, whether highly educated or
not, will get a man's measure pretty quickly: They will
know, after they hear him talk ten or fifteen minutes,
whether he really knows what he is talking about, or
whether he is using a great big lot of fancy words to mys-
tify them. The truth of it is you can't fool them, and tes-
timony couched in the plainest, simplest language possi-
ble, is what will impress itself upon the jury.
Don't volunteer information. If the side that calls you
hasn't sufficient ability to ask you the proper questions,
that is neither your fault nor your business. When the
question is asked, then answer it concisely and simply,
using language that will carry the information to the jury,
who are drawn not alone from the universities and col-
leges, but from the anvil and the plow. Talk as you
would if you were teaching a kinder-garten. In every in-
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EXPERT WITNESSES. 25
stance let the size of your words be measured, not by a
vain desire to display your learning, but by the capacity
of yonr audience to grasp their meaning. A man is much
safer talking in a lower intellectual scale, than his au-
dience really demands, than talking above their heads.
If there is anything I abhor in a lawyer's argument, or
in a doctor's testimony, it is a great big lot of Latin words.
What are you on the witness stand for? To state to the
jury, in language which they may understand, just what
yon are trying to get at, and what the side that called you
is endeavoring to prove. But what do we find ? A phy-
sician is put upon the stand, and he is asked to describe
someting to the jury; he uses all sorts of high-sounding
terms and expressions and Latin phrases, that nobody, ex-
cept some other physician would understand. His testi-
mony carries little or no weight with it How can it?
You might as well be talking French to a lot of Fiji
Islanders, or native Irish to a lot of Filipinos, as to talk
Latin to the average juror.
The following account of an actual happening in an
English court, is related in a little book, called "Hints on
Advocacy," published first in England :
"I ditcovered conddermble ecchymosis tinder the left orbit, caused by
extxmTaMtkm of blood beneath the cntide," said a yotiog house surgeon
in a case of assault at the assizes.
Baron Bramwell : '*I suppose you mean the man had a black eye?"
Scientific witness : "Precisely, my lord."
Baron BramweU : **Perhaps if you had said so in plain Bnglish, those
^ntlemen would better understand you." * 'Precisely, my lord," ans-
wered the learned surgeon, eridently delighted that the judge under-
stood his meaning.
I was in court once, when a very eminent member of
your profession, and an honored member of your society'
was called to testify as to whether a certain injury that
happened to a boy was or was not a dislocation of his el-
t>ow joint One of the physicians said that he knew it
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26 EXPERT WITNESSES.
was a dislocation, because when he set it there was a crack-
ing. This old member of yonr profession, who knows as*
much Latin as anybody, testified in English for nearly an
hour, without ever using a single fancy expression. When
he wanted to speak of an arm, he called it an arm ; a fin-
ger, he called it a finger. He ridiculen the idea that this-
cracking proved that it was a dblocation. He held up
his own great big hands in front of the jury, and said^
"See me crack my fingers; now they are not dislocated.'*'
He could have talked all the Latin there is in the books
for one week to that jury, and he could never have made
it clear to them just what he meant, as he did by holding^
up his hands, and giving them ocular proof of the truth of
what he was saying, by explaining the thing to them in a
homely way, which they readily understood.
Isn't just as easy to say knee, or elbow, or foot, or head,
as to use the Latin words meaning the same thing? To
most of us it would be much easier. Your object certainly
must be to win the jury to your way of thinking ; you
must, therefore, get down and speak to them in language
that they can understand, and that is plain, good, old-
fashioned English. As I understand it, there is scarcely
a part of the human body that has not a perfectly proper
and adequate English name, and if that be true, I think
that the only safe way to do is to always use those English
names and drop the Latin, on the witness stand.
My idea is that many doctors feel, about using Latin to-
juries, like a little story that they tell about Henry Clay.
They say that he was delivering an address down in Ken-
tucky, (I don't vouch for the truthfulness of this story),,
and just as he was about to close, one of his friends stepped
up to him and said, **Give them a little Latin ; they are
used to having all their speeches closed with a little
Latin." Clay, in the excitement of the moment, could
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EXPERT WITNESSES. 17
not think of any Latin, so he wound up by saying, '*My
friends. I can close this address in no fitter way, than by
quoting to you the expression of the great Latin scholar,
Cicero, whom you all remember, ^Mozambique, Mozam*
bique, Mozambique/ " And they say that they didn't get
through cheering that **Latin" quotation for nearly twenty
minutes. But, my friends, that isn't the efiect that Latin
quotations have upon the witness stand. Jurors may men»
tally cheer them, but they go with the side they under-
stand.
The next great objection I would urge to all expert tes-
timony, is its intense partisanship. There isn't a moment^
scarcely, when everybody around the court room does not
feel that the expert witness is simply the hired advocate of
one side or the other. His position is really a judicial
one; he is expected to consider the matter in dispute, ab-
solutely judicially, and give a fair and non-partisan deci-
sion as to what is right, and what is wrong. If the jury
could believe that, his testimony would carry great weighty
but let him get upon the witness stand and at once, if he
is called by the plaintiff, begin to magnify the injuries, or,,
if he is called by the defendant, to swear as hard as possi-
ble, that there is nothing at all permanent about the injury,,
that it is a thing that will quickly wear away, a mere
passing shadow, and if there is a possibility of his favoring
the side that called him, go to the very limit of partisan-
ship, and. the average witness is not capable of concealing
his partisanship and his bias, the result is no one believes
a word he says. Of course, when once the jury believe
that the testimony is not fair, but it is colored by some
motive, it losses its force and its weight
But really the thing that destroys the entire weight of
expert testimony, is that everybody knows, that in the
great majority of cases, it is simply a question as to which
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28 BXPERT WITNESSES.
party gets to the expert first They tell a story on a learn-
ed member of our bar, who was being opposed in Ray
county by the Nestor of that bar in a case that went from
this county to Ray county on change of venue^ and when
the old Ray county Nestor sat down, after having made a
splendid speech, the Kansas city lawyer got up and said,
^Hjentlemen, that was a great and a magnificent speech,
and we would have had it on our side, if our telegram had
reached our old friend. Judge Smith a few minutes before
the other one did." Now that is exactly the way the public
feel about the testimony of experts, it feels that the testi-
mony is for sale to the first comer.
The public believes that expert testimony is a hired, a
purchased commodity, and that the number of experts on
each side is measured by the size of the purse of the re-
spective sides. That it is just as easy to obtain the same
expert on one side as on the other, if you only "have
the price." That the expert has no conscientious scruples
about the side he is on. That he doesn't think about the
side, only the money.
But you may properly say to me, how is it that you,
who belong to a profession that is ready to be retained by
either side, without always going into the question of the
merits or demerits of that side, how can you criticise any
other profession for holding itself open to serve whoever
may first employ its members, even as expert witnesses?
The difference is this, we lawyers do not assume to act
judicially; that is, we do not assume to say that we have
examined both sides of this case, and that we testify under
our oath, impartially, that the side which we represent is
the right side. We assume that everybody understands
our partiality; we are there to advocate our side, and to
make it look the best we can. We do not pretend to give
our opinions based upon the entire transactions, but in
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EXPBRT WITNBS8I0. 21)
the best way we can, to fight for our own side. Our posi-
tion is thoroughly understood and defined. We are not
attempting a confidence game by claiming to be impartial,
and then not being impartial. It is told, that Mr. Evarts
once said that no better scheme had ever been devised for
the doing of justice, than to permit each side, to hire an
advocate who would proclaim the virtues of his side, and
the vices of the other in the loudest tones possible, claim-
ing everything he could, and then permitting the other side
to do the same, and having an impartial judge and jury
guess between the two.
A lawyer may be compared to the paid advertising
column of a newspaper, where anybody can make any and
every claim for its enterprise, the public understanding
that it is leased to the advertiser. The doctor may be
compared to the editorial columns because it is supposed
to express the impartial unbought opinion of the editor,
which should be priceless, and should never be sold. The
expert witness does not admit that he is an advocate. He
assumes that, before he became a witness he exercised the
fairness of the judge. He says, I went to this place to see
this man, without any preconceived notions, ideas or pre-
judices, and I found that he had a permanent or temporary
injury. He assumes all the time that he is unbiased, and
that the fee that he received does not color his testimony.
It is for that reason that when the jury find that he is not
judicial and fair, that they lose their respect for him and
his testimony. The moment we would find that our judges
were not impartial, the judiciary, which is the very found-
ation of our government, would go to pieces.
In a recent article in a leading l^^al periodical' "Case
and Comment," this matter is discussed under the heading
of "The scandal of partisan experts." In the course of
the article, the following statements are made:
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so EXPERT WITNESSES.
But there it quite as strong a tendancy to sabomation of perjury iu the
employment of experts to sustain one tide of a case. « « * "Hired
Ltart," they have been called, and tome of them cam the description.
A remedy for the evil and ditgrace of hiring prejudiced ezpertt hat been
discotted by bench and bar, but without much retult
Many schemes, propositions and projects have been put
forth for the remedying of all this. Nobody could realize
more clearly than your own profession, the injury it is
doing. Recently, through the kindness and courtesy of
a medical censor, I was handed a medical journal in which
there is an article in which it is stated that **expert testi-
money, and especially medical testimony, has fallen into
disrepute, and justly so, in many instances, on account of
the way it has sometimes been procured and used in the
courts; and yet it has been the desire of all right minded
and competent men to free testimony from bias and all
other difficulties as much as possible," and then latter on
in the same article, it states, that ^'as a result of a discus-
sion of these matters before the international Medico-
Legal Congress in New York," the following draft of a
proposed law was prepared by an eminent New York
lawyer, in conference with a Maine Judge:
An Act in Relation to Expert Tettimony: Section itt When in any
civU or criminal proceeding it appeart that the tettimony of skilled ez-
pertt may aid in determining any ittuet of fact, any juttice of the court
in which proceeding it pending may upon application of either party and
after reatonable notice and hearing, appoint one or more tkilled ezpertt
and make tuch reatonable ezaminations and tettt in relation to the per-
sonal thing or tubject matter involved at either party may requett.
Section a, Sudi ezpert may be ezamined at a witnett at the trial by
either party or by the court, and thaU receive for hit tervicet and for hit
attendance at court a reatonable turn to be fixed by the court, and paid
by the party making the application and be taxed in hit coett if he re-
oovert.
A law requiring a person to submit to a physical
examination by a physician has been held to be nnconsti-
tional by the United States Supreme Court in the case of
the Union Pacific Railroad vs. Botsford, 141 U. S. 250, in
which case Mr. Justice Gray, delivering the opinion of the
court, said:
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EXPEKT WITNES6BS. 31
The inriolability of the penoa !• as much invaded by a compnlaoiy
ratripptng and expotnre, aa by a blow. To compel any one, and eaped-
mlly a woman* to lay bare the body, or to anbmit it to the touch of a
atnager, without lawful authority, is an indi£:nity, an assault and a tres-
pass; and no order or process, commanding such an exposure or snbmis-
rskm, was ever known to the common law in the administration of justice
Iwtween individnals, except in a very small number of cases, based upon
special reasons, and upon ancient practice, coming down from ruder
■ ages, now mostly obsolete in Bngland, and never, so far ss we are aware,
introduoed in this country.
The same procedure, however, has been held constitutional
by the highest courts of many states, and it is a question, on
which the decision of the Federal Supreme Court is hot con-
"troling. In Missouri, our Supreme Cotirt has sustained
the right to such examinations, so that we can and do have
^compulsory physical examinations, by experts appointed
by the court, and it is a perfect farce. Our practice is ex-
4ictly that proposed by those two learned gentlemen, and I
.Jay it is a farce. It doesn't amount to anything. We go
into the circuit court, and we ask for the examination of
the adverse party. As a rule the court appoints the phy-
sician whom we suggest to do the examining. We, of
•course, know in advance just what sort of examinations
this physician is going to make, and just what sort of testi-
mony it will be. The lawyer asking his appointment,
knows the strength of his vision, when necessary, and
knows that at the other times he verifies the adage, that
^Hhere are none so blind as those who won't see." This
*4mpartial expert," appointed by the court, is no more the
•xxmrt's examiner and the court's expert than the man in
-the moon. He is simply the partisan expert of one side,
whom counsel are endeavoring to give a little standing,
4md credit, by having his appointment confirmed by the
-courL
I lun^ in mind one corporation in this city, which con-
•stantly gets the cotirt to iqypoint exactly the same *4mpar
^tial, disinterested" examiner to go out and examine the
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32 BXPERT WITNE8SBS.
plaintiff. Well, do you think that he is fooling anybody?
Don't you think that very soon the jury are in possession
of the fact that this man is always testifying on the same
side, and that he gets his appointment constantly through
the same influences, and for the same reason ? Even if
this law did really supply one or two impartial experts, it
WK)uld not correct the evil, for it would leave them to be
overwhelmed by the experts which either side could pro-
cure just as freely as ever. I question whether any legisla-
tive enactment could prevent a party from putting in such
expert testimony as he can pay for, as long as he is able to
get it
Our experience here has shown that the law here sug-
gested would correct no evil, and work no improvement
I recognize, as must every man who is abreast of the
times, that such societies as this are most powerful agen-
cies for the keeping of members of your profession within
correct lines, and forcing them to live up to a high code
of ethics. Boards of trade, stock exchanges, live stock ex-
changes, are able to force their members to live up to the
most rigid code, and to observe the highest standard.
They are able to make the meanest man's word as good a»
the best man's bond. No shirking of obligations, no equivo-
cations, no squirming, are permitted. No resort to law is
necessary. They are so powerful within and of themselves^
that the Golden Rule is recognized by even their worst
members, as an absolute necessity, if he wishes to stay in.
Of course, you cannot be as powerful as they are ; because
a man can practice medicine without being a member of
a recognized medical society, but you can do much more
than you now believe.
If a man were driven for his experts to a society like
this, he would make a very sorry showing in court, for
juries understand who are the eminent physicians of a
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EXPBRT WITNESSES. 33
city. A well-known name is worth more dollars than an
unknown name is worth dimes. Therefore, if your medi-
cal societies like this would get together, you could very
readily bring about a reform, that no law passed by a leg-
islature could accomplish. Whatever legal measures are
passed by l^slatures, will be evaded as easily as our pres-
ent method of having our court appoint an examiner.
The remedies must come from within societies like yours»
Let me suggest this : that each of your medical societies
appoint five or six members, who shall act as experts, say
for a term of six months, and none of whom shall ever see
anybody with a view to becoming an expert, except when
he is acting as a member of your committee ; and then,
say that three members of the committee shall go together
to make the examination. Require the party who wishes,
the expert testimony to deposit a reasonable sum witht
your treasurer, and let that money be the sole compensa-^
tion of the committee for making the examination, except
what the law allows them as ordinary witness fees, and
then let every other member of your societies refuse posi-
tively and unequivocally to do anything with a view to
becoming an expert witness. The parties will then be
driven, if they want eminent experts, whose worth will
be recognized, to get them through your societies^ The
party who applies to you for the services of your experts,
must be exceedingly sure of his case, for your committee,
being absolutely fair and impartial, will not have any rea-
son or motive for favoring him, and will not do so. The
man pays as much for an unfavorable as for a favorable
decision. The committee will have nothing to gain by
going on the stand. Their pride and honor can be relied
upon not to turn a man down just to get out of going on
the witness stand. A man will always be sure he can get
the best quality of expert testimony in a straight case. In
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84 EXPERT WITNESSES.
a crooked case he will be unable to buy it trom physicians
of recognized standing.
The courts undoubtedly, when application is made to
them to appoint medical experts to make a physical exam-
ination of witnesses, under our present practice, would
recognize your committee. The courts fully recognize
bar associations, although seldom incorporated, and when
a man applies for admission to the bar, the court appoints
the examining committee ot the bar association to conduct
the examination. I have never known of a case where the
court has admitted a man whom the bar association re-
ported unfavorably, or refused to admit one whom this
committee reported favorably. So I think that there will
be no trouble in getting all the courts to say that they will
never appoint any physician to conduct these examinations
unless he is a member of the regular committee of a recog-
nized medical society, and as this matter as to who shall
be appointed lies in the discretion of the court, the courts
could legally make and enforce such a rule. Even if the
courts didn't recognize your committees, as I am quite
sure they will, still they couldn't force any member outside
of your committee to look at a case with a view to becom-
ing a witness.
As a business proposition, it has always seemed to me
that a busy physician really loses more time by becoming
an expert witness; that is, that the length of time that he
puts in in visiting the case, consulting the lawyers, wait-
ing around the court room, and testifying, does not make
it at all profitable tor him, so that I think there will be no
loss of money to you by your failure to become expert wit-
nesses, and it seems to me that this proposition I have just
advanced, if your society would be rigid, and your members
would recognize its authority, as they undoubtedly will,
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EXPERT WITNESSES. 35
would be a great cure for the. evil that is certainly disgrac-
ing the medical profession.
What I have said about physicians testifying, does not
apply to the physician who actually sees the case during
the illness — ^that is, to the attending physician, I think, as
a rule, when he talks English to a jury, and handles him-
self right, the jury understands that he is on the witness
stand not because he wants to be, or because he was hired
to come there, but because in answering a professional call,
and in responding to a professional duty, he saw and heard
things which he could not help seeing and hearing, and
that he is there simply to tell what he knows, the same as
any other witness. There is not, and ought not to be, any
check put on the attending physician fully and fairly testi-
fying to all he saw and heard, except, of course, that he
must not violate professional confidence by testifying with-
out the consent of his patient
The constant cry is, that in this commercial and busi-
ness age, all the professions are becoming commercialized.
Lawyers doctors and preachers can no longer.be distin-
guished from others by their dress or by their manners.
It is no longer considered a "cute" thing for a lawyer or a
doctor not to pay his bills, in fact it is rather disgraceful.
Doctors are measured, to a great extent, whether rightfully
or wrongfully, by the amount of their professional income.
A doctor must make his visits short, but effective. He
must really be a combination of a business man and a
I^ysician. Never, however, has the standard of profes-
sional knowledge been as high as it is now. Physicians
know more now than they ever did. The physician must
be a polished, educated gentleman. The business man
himself has become much better educated. Business men
used to look with contempt upon a coll^[e education, and
yet to-day they are becoming the most important leaders
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36 EXPERT WITNESSES.
in all public affairs, and one who uses bad grammar and
club-footed English, and shows a lack of breeding and edu-
cation, while he may be a king in his own counting-room,
is looked upon with contempt elsewhere.
The spirit of commercialization does one thing. It
raises the standard of honor. Business men know that
they can't succeed where their credit is gone, and their
word is not taken; therefore, however keen they may be for
dollars, however much cupidity they may have, however
much avarice they may possess, still once they give their
word it must stand. Contracts involving fortunes are
made verbally, but the man who pleads that they were not
in writing, is put under a ban. The market may go up,
or it may go down, but business men of high position live
up to their contracts, regardless of loss or gain.
In my own profession, lawyers are trusted with enor-
mous fortunes and great sums, without a bond, or without
any assurance of any kind, except that their professional
pride and their professional honor will always stand as a
barrier between them and unfaithfulness to the trust re-
posed in them.
Now, shall it be said that a learned profession like the
medical, composed of educated, refined gentlemen, in this
age of commercialization, has become commercialized to
the extent that it itself has become the object of barter,
and its members the subjects of purchase and sale? No !
Let it be the constant aim ot every member of the profes-
sion to stop this thing, and to make it impossible for any
one to get any physician to go upon the witness stand, not
as the impartial judicial narrator of what, because of his
learning and skill he is able to see, where the eyes of the
less experienced and more unlearned can discern nothing,
but as the paid, partial and biased advocate of one who
thus puts a price upon his honor.
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EXPERT WITNESSES. 37
When duty calls, a true physician knows naught else.
Beneath the coldest sky, under the hottest sun, wherever
there is pain and su£Eering, there he is.
The darkness of the darkest night, the fierceness of the
fiercest storm, do not deter him. Amidst the terrors of the
direst epidemics, and the horrors of the most dreadftil
plague, he forgets his own safety, and hisv own life be-
comes as nothing compared to that of his patient
On eveiy battle field, under every flag,, midst shot and
shell, he answers humanity's cry, whether from the lips of
friend or foe. In poverty's darkest hovel, he ministers to
the sick, and gives cheer to the afflicted, without fee or
price or hope of reward on this earth.
He is the repository of the most sacred of family secrets;
he never betrays them. Membership in such a profession,
so noble in its aspirations and practice, so self-sacrificing,
ever and always recognizing duty as its watchword and
guiding star, should make one too proud to ever let it be
said, that his testimony on the witness stand comes not
from the lips of the consientious, but from a man, who,
forgetting duty, is for the time being, proving to his
golden master, that the laborer is worthy of his hire.
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THEORY OF CONTACT SHOTS. THE CASE
OF FRANK N. SHELDON. ITS SEQUEL,
BY WILLIAM B. CHISHOLM, ESQ., AUBURN, N. Y.
On April 30, 1896, the dead body of Mrs. Eva Reming-
ton Sheldon, was found in the pantry of her home in the
town of Brutus, Cayuga County, about eight miles east of
Auburn, New York. A bullet through the brain had done
the fatal work. She was last seen alive shortly after
breakfast, about which time her husband, Frank N. Shel-
don, drove to Jordan, Onondaga Co. She was found by
her husband on his return, at 11:30 o'clock of the fore-
noon. He immediately gave the alarm to his second son,
who happened to be near by, having returned from his
work in the barley field. His words to his son were :
"Your mother is dead ; she has shot herself."
The above recapitulation of an event which has already
excited much attention in the medico-legal world, is pur-
posely concise, as the ground of the ensuing trial and con-
viction of the defendant, Frank N. Sheldon, for wife
murder, has been reviewed in these columns, the present
writer having had the honor of appearing in the Medico-
Legal Journal of June, 1897, shbrtly after Sheldon's con-
viction, in a paper entitled "The Case of Sheldon : The
Theory of Contact Shots," which paper was read at the
June monthly meeting of the society in New York. In this
paper the proceedings in the case of Sheldon were reviewed,
from the period of the alleged suicide to the first breath of
popular suspicion, culminating in the widower's arrest, in-
Read before the Medico-Legal Society of New York, April 19, 1899.
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THEORY OF CONTACT SHOTS. 39
dictment by the grand jury of Cayuga County, and trial,
lasting from January 25 to March 18, 1897; on which day,
after having been out 84 hours, the jury finally rendered
a verdict of murder in the first degree, and Frank N.
Sheldon, the once prosperous farmer, and representative of
one of the most prominent and honored families in central
New York, stood up before Justice Dun well to receive the
awful sentence of electrocution.
That this sentence did not go into effect was due to the
tireless fidelity and determination of his counsel, Robert
L. Drummond, former district attorney of this (Cayuga)
county, backed by the equally devoted efforts of his
brothers, his sister and brother-in-law. It was alleged in
the bill of exceptions that the judge had insisted on the
jury coming to an agreement after they had twice disa-
greed. This point was ably and exhaustively argued, and
the decision of the court of appeals on the subject adds an-
other feature of interest to jurists, if not directly to medi-
cal experts, as furnishing a precedent in regard to the
limitations of the court's initiative. A new trial was
ordered. Sheldon was removed in June of last year from
the prison to the custody of Cayuga County. His second
trial, before the same justice, with the same counsel, pro
and con, with most of the same experts awaiting the call
of the state or defense, began on Monday, February ajtli^
1899, in the court house at Auburn. It is a matter of
passing interest to note that in the two years or therea-
bouts elapsing after the former trial, no new point ot deci-
sive interest, in favor of either the state or defense, has
come to light; so that as far as known publicly, the dis-
trict attorney, Hon. George W. Nellis, and the prisoner's
counsel, Hon. Robert L. Drummond, returned to their
legal tilt with the same general evidence as that brought
forward on the first trial.
Digitized by VjOOQIC
40 THEORY OP CONTACT SHOTS.
The point in this case which particularly interests the
medico-legal world is the pivotal point of the trial itself —
the question of murder versus suicide. Could Mrs. Sheldon
have fired that shot? — ^was it a physical possibility? The
consensus of the expert surgical evidence for the state was
distinctly against that possibility as it was shown that 6^
or 7 inches was the farthest point at which a person of her
length of arm could have held the pistol, and the experi-
ments with a revolver of the same pattern and same cart-
ridge, furnished different phenomena on the surface of the
cardboard or cadaver, at such distance, from those observed
in the case of Mrs. Sheldon at the inquest and autopsy.
On the other hand, Drs. A. L. Hall, of Fair Haven, and
Totman, of Sjrracuse, for the defence, produced in court
the record of experiments which pointed to a very differ-
ent conclusion. A paper by Dr. Hall, in the "Transac-
tions" of the Medico-Legal Society, coincidently with my
paper, sets forth his position with great clearness, and he
defined the wound as "a light contact shot" This paper,
it will be remembered, was the subject of an animated dis-
cussion at the meeting of the society to which I refer, and
remarks were made by Dr. Thomas Darlington, Dr. George
W. Grover, Hon. Clark Bell, Judge Abram H. Dailey and
the President — ^also a letter was read from Dr. J. N. Hall,
a distinguished authority on gunshot wounds, of Denver,
Colorado.
May I be pardoned for lingering a moment on the terri-
bly dramatic features of this singular case? During the
first week of the second trial over one hundred talesmen
were examined for jurors, and of these a large part raised
more or less strenuous objection to rendering a verdict of
guilty on circumstantial evidence. One or two created
mild amusement by admitting their total lack of confidence
in expert evidence. It may be observed that the Board of
Digitized by VjOOQIC
THEORY OF CONTACT SHOTS. 41
Supervisors of Cayuga County showed some indications of
a disposition to dispense with such evidence at the new
trial, but this was in view of what was considered the great
•expense to the county at the first trial.
But finally a jury was secured, and on Monday morning,
March 6, 1899, the second act of the great legal drama was
regularly inaugurated. The opening was made by Hon.
George W. Nellis, who between his former and latter ap-
pearance as district attorney in the successive trials, had
served as an 'officer in the recent war. Two experts for
the state, Drs. C. O. Baker and E. S. Forman, of this city,
had passed away. The prisoner appeared alter two years
of confinement under the terror of that unknown quantity,
his earthly future, wan, thin, eager, but imperturbably
calm as ever. No word, no groan, no quiver, betrayed the
agony of his daily ordeal, as of one, almost, who had risen
from the dead, to buffet with life's worst billows again.
Tuesday, Wednesday, Thursday came. On Thursday the
evidence began to take on its darker shades. The eldest
son, a witness for the state, was subjected on the witness
stand to a most searching interrogation — ^in the course of
which his former testimony was again wrung from him —
that he had about 9 a. m. on the fatal day heard a shot
from the direction of the house, while he was at work in
the barley field, and that 15 or 20 minutes thereafter he
had seen his father driving from the house on the road to
Jordan; according to which evidence, Frank N. Sheldon
must have been in or near the house at the time the shot
was fired. It was brought out from another star witness
of the state that while on the way to Jordan Sheldon had
notified a peddler in his hearing that he need not call at
his home that morning — ^that his wife was sick, and that
they wanted no supplies anyhow.
This, the fourth day of the actual trial, was a bitter or-
Digitized by VjOOQIC
42 THEORY OF CONTACT SHOTS
deal for the prisoner. He listened to the evidence of his
first-born son with suppressed breath and eager, burning
gaze. Shortly before the regular hour of adjournment he
complained to his counsel of a nervous headache. Court
was adjourned for the afternoon. The next morning, Fri-
day, March lo, 1899, ^^ half-past eight o'clock, a half hour
before the time of his re-appearance in court for the ordeal
of another day, his dead body was found suspended by
strips of torn toweling to the bar of his cell and the famous
case of the state versus Frank N. Sheldon was ended for-
ever.
But the act of the prisoner, crazed by the terrors of his-
situation, haunted with the memories of a wretched life,
witnessing, step by step, the coils of legal doom tightening
around him more closely, has no special significance in the
determination of the great expert question involved. As
such opinions will continue to be divided, on the subject
of direct surgical and scientific evidence, the case is thus
left practically in the same attitude in which it has already
interested the medico-legal world, and led to so much out-
side expert discussion. The deceased, so far from admit-
ting his guilt by word or sign, lett in a last word to his
surviving family the written assurance of his complete in-
nocence, and this disclaimer, dated several months before
his death, was found on the morning of his suicide in his
Testament Of the unhappy cause of his domestic dififer-
ences, the disturbing element in a once happy home,
enough has been said and scattered broadcast over the
wires during the progress of both trials. The woman in
question was not summoned to the witness stand by the
state or the defense on the first trial, and whether she
would have been summoned in the course of the second
trial, must now be only a matter of conjecture. The case-
now hangs upon the unsolved question of the distance at
Digitized by VjOOQIC
THEORY OF CONTACT SHOTS. 45
which the shot was fired. It is true that another hand
might have held the weapon as close to her head as Mrs.
Sheldon could have held it, but it is certain that the dis-
tance at which she could have held it is very limited and
the experts demonstrated by experiments in court and en-
tirely patent to the ordinary lay observer that the distance
in her case, and indeed in the case of human beings gener-
ally, is from 6^ to 7 inches; beyond that the pistol must
have been held by another hand. I would here repeat, as
concisely as possible, that, employing the expert testimony
of Mr. A. H. Hamilton, there were no evidences of powder
stains, grains or smoke upon the ear; whereas in a shot
with a pistol held against the head Mr. Hamilton testified
that the hair was blown in every direction radiating from
the wound. The skin was also burned. Hair and skin
were thickly coated with a dense deposit of powder smoke.
Drs, Creveling, Cheesman and Tripp and the late Drs.
Baker and Foreman of this city witnessed such experi-
ments at the Bellevue hospital. New York.
Dr. Tripp found little difference between a contact shot
and four inches, save that the powder would spread more;,
but at seven inches the skin was thickly coated with pow-
der grains; at 20 inches the grains would enter the skin.
On the other hand Dr. Hall in his paper to which I have
alluded contends that the experts for the defense have
never been able to singe hair with the same kind of pistol
and cartridges as in the Sheldon case at a distance exceed-
ing five inches, and "at four inches singeing failed quite
as often as it occurred and at even three inches noticeable
singeing did not always occur. At a distance below three
inches singeing was invariably present." Among evi-
dences of near-fire he quoted: an area of singed hair as
large as the thumb still remaining after free washing;
loose powder grains in hair about wound, also over the top
Digitized by VjOOQIC
44 THEORY OF CONTACT SHOTS.
of the ear and temple without powder grains imbedded in
the skin; a bruised or pounded appearance about the en-
trance of the bullet; singeing of a few hairs down to scalp
immediately over the bullet aperture.
It would be impossible for me to attempt even a partial
analysis of the volume of the expert testimony on this sub-
ject introduced at the first trial. There were the maps of
the Sheldon homestead and environs, drawn with extreme
care to illustrate the position of the elder son in the barley
field, when hearing the fatal shot ; diagrams of the house,
and especially the fatal pantry; the testimony of General
Charles R. Dimon, of Lowell, Mass., the cartridge manu-
facturer, as to the date of manufacture of the Sheldon
cartridge; the testimony of Drs. Creveling, Tripp, Baker,
Porman, Cheesman and Chemist Hamilton covering gen-
erally the effect of contact versus long distance shots on
cardboard or cadavers ; and also the actual appearance of
Mrs. Sheldon's head at the wound entrance ; the testimony
was variant from, if not entirely contradictory to, that of
Messrs. Hall and Totman, the defence experts' testimony
which seems to show, speaking in "layman's" terms, that
the same general conditions do not always produce the
specific effects claimed by the state, (see also Dr. Hall's let-
ter to the Medico-Legal Journal above alluded to.) There
was the family history to be rehearsed, the evidence of
certain witnesses as to the prisoner's fear of any one visit-
ing the house on that particular morning — and a number
of other circumstances hard to explain ; and yet — speaking
now to the lawyer rather than to the surgeon — ^with all
these circumstances, however corroborative the state may
have considered them — ^however it may have claimed to
have brushed aside the expert evidence of the defence —
there remained as a desideratum, the one thing lacking —
what one reluctant talesman described as a "perfect chain"
Digitized by VjOOQIC
THEORY OF CONTACT .SHOTS. 46
— of circamstantial evidence. Even if the state's experts
were right — if Mrs. Sheldon could not have fired that shot,
it remains to be proved that the shot was fired by the par-
ticular individual who sat in the prisoner's dock ; there
was still something lacking to the "perfect chain." One
jury, it is true, found the prisoner guilty, but evidently
with hesitation, reluctance, and in conformity with a sug-
gestion from the court, which with no reflection on the
justice, still, as the sequel proved, helped to ensure the
prisoner a new trial. The prisoner by his own act has laid
the case to rest, and the jury which adjourned over night
on Thursday, March 9th, never met again. But for the
medico-l^^al fraternity that question of long-distance ver-
sus contact shots would still be, scientifically speaking, a
problem, even if Prank N. Sheldon had left a letter of
confession, or if the voice of his ill-fated wife could re-echo
from the tomb and assert his innocence. The silent evi-
dences of natural phenomena, like the "Testimony of the
Rocks," or the "Vestiges of Creation," are what concern
the medico-legal brotherhood of the world.
It is not so much the question: Can an intending suicide
hold the pistol more than six and a half or seven inches
from his head? — it is rather wiU he naturally do so? Did
the marks on Mrs. Sheldon's head indicate a contact, a
"light contact" or a long distance shot? The case, medico-
legally speaking, stands just where it did when the ill-fated
man was adjudged guilty on his first trial, or, rather, when
the last expert had given his testimony. No new expert
evidence has been adduced since that, and the expert stage
had not been reached when Sheldon himself cut the Gor-
dian knot of an agonized existence. But the science, the
medical jurisprudence of the case, is before another tribu-
nal— and to you, fellow members of the Medico-Legal So-
ciety,\and the experts of the world, we ot Cayuga
Digitized by VjOOQIC
46 THIiOKY OF CONTACT SHOTS.
County would leave a problem which is still fresh in medi-
co-legal interest. You are the true medico-legal jury in
the case. Many cases may yet arise in which there may
be a conflict of opinion as to murder vs. suicide. We be-
lieve the expert features of this special trial will form a
valued precedenf. In many respects it was unique — es-
pecially in the close connection of its medico-legal aspects
with those of family surroundings and circumstantial indi-
cations.
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PSYCHOLOGICAL.
This Department is conducted with the following Associate
:Editors:
Jndffe Abnm H. Dalley, Brookl3ni. N. Y. Henry Hulst, M. D., Grand Rapids. Mich.
Prol. A. A. D*Ancona, San Prandsco, Cal. R. J. Nunn, M. D., Savannab, Ga.
It S. Diayton, M. D., N. Y. A. E. Osborne. M. D., Cal.
^(. BUinger, Bsq.. N. Y. City. Jas. T. Searcey, M. D.. Tuscaloosa, Ala.
Dr. Havelock Sllis. I^ondon. U. O. B. Winsate. M I>.. Milwaukee. Wis.
^Thomson Jay Huoson, Bsq., Wash.. D. C. Prof. W. Xavier Suddutn, Chicag^o, ni.
Wm. Lee Howard, M. D., Baltimore, Md.
as the organ of the Psychological Section. •
The Psychological Section of the Medico- IrCgal Society has
been organized, to which any member, Active, Corresponding
or Honorary, is eligible on payment of an annual enrollmect
fee or dues of $i . 50.
Any student of Psychological Science is eligible to unite witli
the Section without joining the Medico IrCgal Society on an
annual subscription of $150. payable in advance and receive
the Medico- Legax Journax free. The officers for 1899 are
as follows:
Chairman^
Prof. W. XAVIER SUDDUTH, of Cbicaoo, III.
LEGAL AND SCIENTIFIC. MEDICAL.
Vice-Chatrmen, / Vice-Chairmen.
Clark Bell. Esq., of New York. James R. Cocke, M. D.. of Boston, Mass.
Rev. Antoinette B. BUckwell. of N. Y. T. D. Crothers. M. D., of Hartford, Conn.
Harold Browett, Esq , Shanghai, China. P. E. Daniel, M. D., of Austin, Texas.
C Van D. Chenoweth, Worcester. Mass. H. S. Drayton, M. D., of New York.
Jndge Abram H Dailey, of Brooklyn. Wm. Lee Howard, M. D., of Baltimore, Md.
MonU Ellinger, Esq., of New York. Henry Hulst, M. D., Grand Rapids, Mich.
Rev. Phebe A. Hanaford, of New York. Prof. Thomas Bassett Keyes. of Chicago.
ThomjMon Jay Hudson, Esq.,Wash*n, D. C. R. J. Nunn, M. D., of Savannah, Ga.
Sophia McClelland, of New York. A. E. Osborne, M. D., of Glen Ellen, Cal.
Mrs. Jacob P. Miller, of New York. Jas. T. Searcy, M. D., Tuscaloosa, Ala.
U. O. B. Wingate, M. D., Milwaukee, Wis.
Mrs. Mary Louise Thomas, of New York.
Secretary and Treasurer,
CLARK BELL, Esq., of Nbw York.
Executive Committee.
CLARK BELL, Esq., Chairman.
CAROLINE J. TAYLOR, Secretary.
M. BUinger, Baq. Judge A. H. Dailey. Geo. W, Grover. M. D.
S. a W. McLeod, M. D. Ida Trafford Bell. H. W. MitcheU, M. D.
The following persons have united with the Psychological
Section since last announcement :
HiB. Matt. Morgan, New York City; M. W. Wilson, Bnffido, N. Y. ;
Mist Mary Moore, 149 E. 31st Street, New York Ciiy; Simon A. White,
151 W. 46th Street, New York City; Laura Keisher, M. D., New York
•City.
Digitized by VjOOQIC
HOW FAR MAY OVERPRESSURE IN EDU-
CATION BE CONSIDERED AS A FACTOR
IN DEGENERATION OF NERVE TISSUE.
BY SOPHIA M'CUSIXAND, OP NKW YORK.
All must recognize that marked constitiitional difEiereiices ex-^
ist in both mind and body in children in every class of society,,
bnt the special relation which they bear to modem educational
methods is not as well understood as it should be. By investi-
gation it has been proved that the mental capacity of a pupii
is directly related to his height, weight, and physical measure-
ments, and that there is a phydcal basis for precocity on the-
one side and mental dullness on the other. What i« demanded,
is to fix certain definite standards of weight and measurements,
for every age and height ; any pupils found to be above or be-
low this standard should be treated accordingly. In every de-^
partment scientific methods are necessary. Science holds sway
and there is no longer an element of chance.
This idea of connection between physiological appearance and
a certain stamp of character, aptitude and powers of intellectual
capacity, dates from the time of Aristotle and Plato. But it is
now established on scientific basis through tests which special^
ists have made.*
It is impossible to discover what the condition is between
mind and nerve tissue, but there is an intimate connection as
shown by the commonest £Eu:ts of our every day experience.
While this something is closely connected with, and dependent
upon the physical organization it is not identical with it, bnt is
universally felt. In these days of advanced education there
should be a clearer understanding of the relation between mind
and matter, an appreciation, that is, of the fact that physical
manifestations have a corresponding physical action which may
be definitely traced and scientifically explained. * ^ *
A philosophical and observant English surgeon, a Mr. Jor-
dan, has attempted classification of all persons into shrews and
non-shrews.f
^Interior Departments Bniean of Bdncation at Wathington, D. C.
t Pnrneaux Jordan, F. R. C. S., ** Anatomy and Physiology in Charac-
ter," London.
Digitized by VjOOQIC
PSYCHOLOGICAL. 49
Jordan's attention was drawn to the physical conformation of
women in hospitals suffering from ill usage at the hands of their
husbands. Peculiarities common to all were '*skin cfean^
transparent, pigmentless, hair growth scanty and thin, both on
head and eye brows, the latter especially poor and uneven;
well marked spinal convexity.
Frequently these marks co-existed, to wit: pretty features.
Friends and neighbors intimated that such women had "sharp
tongues in their heads. ' '
Further, Jordan discovered that these diagnostic labels are
not confined to the fairer half of creation, but extend to the
sterner sex as well. He also mentions some general indica-
tions in the spine and chest. Again, in shrewish men and
women the nails are thin» weak, and easily bent or fractured.
Passing from the objective signs, he summarizes the character of
shrews: "They are superficial, restless, consequential, with-
out deep sympathies, affections, passions, or emotions, or barely
feeling deep enough to be really angry. They are generally
moral, not from inherent sense of duty, but from a desire to be
considered respectable, are apt to be discontented at home,
but shine in society, of which they not seldom form useftd
members. * * * * As to the non-shrews, their nature
is not quite the antithesis of all this, but they have deep sym-
pathies and emotions, and hence are often led into criminality.
It is consistent enough with non-shrewishness to shine in so-
ciety and to be voluble and passionate."
Accurate observation is difficult and rare. Prof. Wilkes of
Guy's Hospital, once said to the writer, "that for every one
student who can truly sum there are nine who can think.''
He also said "We can number on our finger ends the su-
premely great observers, HyprocateS, I^avator, I<aycock, Dar-
win, Dickens, Lubbock and Ruskin* Of all professions medi-
cine is richest in painstaking seers."
Very interesting experiments have been made by our Oov-
emment upon school children all over the country. These
tests indicated that mental concentrations impoverishes the
blood. Concentrating the mind upon some problem caused the
breathing to go slower. The blood for the time being thus
received less oxygen and was therefore impovetished.
These experiments indicated that fatigue of the mind is the
lesuk of a chemical process, the cells making poisonous secre-
tions while they work.
Digitized by VjOOQIC
60 PSYCHOLOGICAL.
The same is true of brain-cells as of muscle- cells. The more
active the brain the greater the amotint of the poison which
enters into the brain. The greater the amount of poison which
enters into the blood, contaminating the nerves and cells of other
parts. This is supposed to be why overwork of the brain
makes us nervous and bodily ill, and explains why nervousness
is almost a characterstic of nearly every man of great intellect-
uality and will also show the injurious eflFects of over-pressure
in education on the brain while in an immature state.
The present system of cramming children's minds is runinous
to all individual talent. All children are forced through the
same mould, by a strict educational code, irrespective of their
intelligence, genius or talent.
Children should be carefully examined by an expert, and by
his decision placed according to their individual ability in
classes where the best results accrue to them.
In view of the increased amount of writing now required in
the schools; the question of seating is quite an important sub •
ect to consider as having a bearing upon the sight and the
general health of the children. An improper posture at the
desk, may throw more strain upon one eye than upon the other,
and thus cause or aggravate errors of refraction.
There should be some definite relation between the size of
the pupil and the size of the desk and seat. Seats and desks
should be so constructed as to be easily adjusted to meet the
requirements of different pupils within the g^^de.
And furthermore, the State should employ the services of
occulists and dentists, to examine children in their several
specialties and make reports thereon, and it should be the duty
of the principals, to send written reports of these physical ex-
aminations to the parents and guardians.
By this method, time will be saved, and each child will be
developed physically and mentally according to its inherent
qualities.
The quality of mind is much dependent upon the firmness of
nervous structurci but has no bearing upon the amount of mental
fiitigue that may be sustained. Experiments indicated that
brain fatigue attacks students after a given period depending on
age, when all other conditions are equal. Averages show that
the fiitig^e begins to be felt after an hotu: of steady brain work
by the older students, and after a much shorter interval of
similar application by younger ones. The minds of children
Digitized by VjOOQIC
PSYCHOLOGICAL. 51
between eleven and twelve appear to become tired after about
thirty-five minutes of work. Among still younger children the
limit is considerably less.
It has been found that the brains of bo>s under twelve tire of
school work more rapidly than those of girls of the same age.
This is thought to be due to the greater impulsiveness of boys.
They are more passionately eager and impatient than girls.
It is the opinion of those who have conducted these experi-
ments that a short recess should be allowed between every half
hour of school work. The teachers found that more was gained
in a week by six half than by four whole hour lessons in arith-
metic.
The lesults of these investigations show that many pupils are
really sufiering as a resi;lt of nervous disease in their parents,
produced by mental overwork. Such children are apt to be
the quickest in mental perception and the most intellectual gen-
erally, yet they have no mental endurance.*
The possibilities of the future man or woman are shadowed
forth in the earlier years of child- life. The tendencies and pro •
divities as well as the training of childhood will effect and de-
termine the character of the future man or woman; thus we
Inay justly conclude that also in a more material way the phy-
sical condition of the child will, to a great extent, determine
the well-being of the man.
Weakly children do not usually develop into strong adults,
nor vigorous children into delicate men.
The law of association between the brain and body is like
that between the socl and brain. Every function of the spirit-
ual man, whether intellectual, emotional, or physiological, has
its special apparatus in the nervous structure of the brain. And
a variation in the one is associated with a variation in the other;
thus the mental powers and aptitudes may be definitely reach-
ed by the physiological appearance.
A large percentage of histories of family degeneration can be
traced to the o£Espring of parents who have passed the prime of
life, although the stronger of them attracts the resemblance to
his side, the healthy £Eu:tor is in the better position to prevail.
And this also in the case of disproportion in the age of progeni-
tors has produced anomalies, as well as grave defects of the
nervous system. A family whose head has died insane or epi-
* Report of government inveitigating catue of brain fatigue.
Digitized by VjOOQIC
52 PSYCHOLOGICAL.
leptic, does not ot necesity consist of lunatics and epileptics; but
the children may be idiots, paralytics, or scrofulous.
What the father transmits to the children is not insanity,
but a vicious constitution which will manifest itself under vari-
ous forms, in epilepsy, hysteria, scrofula and trickets. Even
a simple; nervotic (nervous) state of the parents may produce
in the children, mania or melancholy. The injury doi^e to the
nervous system is transmissible from generation to generation,
and a morbid nervous (nervotic) tendency may be engendered
and manifest itself in some form of mental defect.
This is usually the cause of child suicide, some strain develops
the struggling imperfections, especially during the period of
nervous growth, and in many cases the exciting cause is due to
overpressure in education. * * *
Now to recur to the original question. How far may over-
pressure in education be considered as a factor in degeneration
otu'^rve tissue; or, we might say in other words, how /ar is
the higher education responsible as a starting point to the mor-
bid nervous unrest of the present day?
We are proud of the woman of to-day, and we have hope in
her. But there are certain dangers surrounding the multipli-
city of her opportunities which must not be ignored; the de-
mands of society are becoming more and more exacting and
artificial Luxurious living and appointments are regarded as
the necessities of life. As human beings grow and develop in
this restless, anxious and exhausting atmosphere they become
super- sensitive, critical and emotional. They require a wider
range of tastes, an unwholesome desire to grasp all the material
pleasures of life. This all poisons domestic life, and lessens
the incentive to struggle, attain and achieve. Women, be-
cause of trivial dissipation, shrink from the duties and cares of
maternity ; while men marry late to avoid weighty responsibili-
ty and to retain their opportunities for unrestrained enjoyment,
which have grown far more varied than in simpler times.
Weariness of life and of each other is the result, and people de-
cide that the world is a waste because they are suffering from
moral heart- burn or physical depression.
If a woman is compelled to earn her daily bread there should
be no stumbling blocks laid in her path. But the necessity ex-
poses her to every manner of temptation and hardship. Alien
to her nature and to her natural character, loaded with burdens
dangerous alike physically and intellectually, and hurtful in
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PSYCH20L0GICAL. 53
their infltienoe. When they are obliged by drcumstances to
go forth and struggle like men, they may and they do achieve,
but it is a misfortune to be dreaded, not an opportunity to be
sought, and, when displaced, they are misplaced.
The physical wear and tear, the mental and moral strain,
the blighting that, when it cannot corrupt, kills first the &ith,
then the hope, and last of all, the poor enfeebled body, as un-
equal to the strife. This is the ultimatum of the educated
woman who has to fight the battle of life in professions which
are usually controlled by men. No woman can yet get happi-
ness out of intellectual combats with men, or the prizes or re-
wards of masculine ambition; too often in such contests they
have gone down in despair. No household was ever happy
whose natural male head was supplanted by the wife. The
wisdom that is necessary to see clearly in true wifehood and
motherhood, and handle this practically, and triumph over ob-
stacles that are constantly coming up, ofttentimes requires a
skin that would baffle the wit and culture of the most intellect-
ual man.
The male brain differs from the female in capacities, aptitudes
and powers and exceeds the female in weight. The smaller
size of the female brain is a sexual distinction, and is not to be
accounted for on the ground of environment, education, or
habits of life. Nor does quantity mean quality, but quantity
is the primary consideration in indicating great mental power,
although we have numerous instances against this theory, as
evidenced in the heads of many of our great men.
Le Bon has made an examination of the heads of three classes
— the peasants, shopkeepers and men of science — with the re-
sult that the size of the head corresponds to the known intellect-
ual capacity of the three difierent classes.
Woman, however, does not possess the same bodily propor-
tions as man, nor the same strength of muscle, and it is claimed
that what woman gains intellectually by higher education, she
will lose in health, that it is straining her faculties against na-
ture. She greatly excells man in perception, intuition, and the
moral qualities, although she does not usually display so strong
a reasoning and critical feculty as man.
Men and women are differentiated originally by nature her-
self, irrespective of the conditioning of education or environ-
ment. Women are fitted for certain necessitous results for the
noe, which practically modify and limit to a great extent the
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54 PSYCHOLOGICAL.
vital and psychic usefulness of the woman. Women and men
both should develop in reference to their organic fitness.
This is what Sir Frederic Bateman, M. D., has to say on
this subject in an article "On Genesis of nerve disease.'**
"There are certain branches of study which are less suited
to women than some others; and amongst those, I would name
the abstruse study of mathematics, for although success in this
branch of knowledge may lead to a brilliant career as a high
wrangler, I think that a female mathematical athlete is not
suited for the duties and responsibilities of maternity, and that
the mental endowments of her children are likely to be below
the average."
We cannot altogether accept this view of Sir Frederic Bate-
man in reference to the mental endowments of her children
being below the average. It does not seem reasonable when
use and disuse characterize all the centres of evolution, adap-
tive variation are accumulated and a new type is evolved that
changes of structure are slowly following our changes of func-
tion or habit. Inherited ability has great bearing in develop-
ing the brain; there is an ascendent force in heredity which
generally obtains the strongest representation. Education
does not impart faculties, these are bom in the child. It is
simply the guidance of growth. However, one fact which in-
vestigation confirms is the number of anomalies among children
which disappear through education. Generally the world
grows better through heredity subject to the conditions of life.
Any organ from disease has a lessened vitality, or an organ
having increased its vitality or forces by exercise, is correspond -
ingly represented. The brain, like every other organ, s de-
veloped by exercise ; if this increase, whether of size or of
energy, is transmissible, progress of the mental faculties will
be the result, and will be determined not only outwardly, but
inwardly and organically.
Physically, men are better than ever before. The average
man of to day is too large to wear the English armor discarded
by warriors of a few centuries back. The collegian of to-day
surpasses the ancient athletes of Ol5rmpia.
I have conversed with many physicians upon the subject of
transmission of acquired characters, and find that it is an ac-
cepted fact among the profession, although there is very little
direct evidence in the course of a single generation. Galton
*Medico-Legal Journal, March, '97.
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PSYCHOLOGICAL. 55
says : '* Although it is pretty well ascertained that in the masses
of population the brain ceases to grow after the age of nineteen,
or even earlier, it is by no means the case with university stu*
dents. In high-honor men head-growth* is precocious, — their
heads predominate over the average more at nineteen than at
twenty- five."
It has been noted, by recent discoveries, that the bony cases
of brains of the fossil animals differed widely in size from
those of living animals ; that all tertiary* mammalsf had small
brains, and the older they were the smaller the brains. In
other words, the descendants of the animals of ages ago have
larger brains than their predecessors. They have even gone
farther back. Prof. MarshJ has found that the size of the
brains of animals of the same groups increased at each sue*
cessive age, or period, over those of the preceding, and larger
still in recent times.
When a species of mammal died out, as a general rule, it
had a small brain, while the survivors in the struggle for exists
ence had a larger brain. In the evolution of the brain in the
centuries, race after race dominated by the larger brain, little
by little has it been built up, until we find the modem cerebrum
overshadowing all the other points of the brain combined. lu
many of the lower animals the sense of sight and hearing and
smell are more acute and sensitive than in man, but man's
brain has advanced so fax that all the animals are helpless as
compared with him. In the war of the races, the biggest braiu
race always outmatched the smaller, although the latter usually
had greater brute force.
Nerve force is handed down from parent to offspring, giving^
each individual a personal capacity which, though capable of
being modified by education and influence of environment, is
depending on actual organization. It has been already demon-
strated that nerve energy only exists within the boundaries of
nerve structure, and that it varies in expression only when?
there is a variation in the nerve tissde ; this applies to every
form of nerve energy, whether it be a simple sensation or Jhe
exhibition of thought, reason and will.
I have noted the inheritance of individual peculiarities, and
found that they were illustrative examples of the heredity of
♦••Tertiary.'*— Third ; of the third formation,
t Mammal. — An animal that snckles its young,
tOf Yale University.
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56 PSYCHOLOGICAL.
morbid conditions, imperfections, and anomalies in the intel-
lectual and moral world, as the origin of the monstrosities
which we see in the physical are to be attributed to hereditary
organic influences.
There are physical peculiarities which are common to all the
degenerated, the neurotic as well as the criminal. These de-
ficiencies are sometimes in one part of the organism and some-
times in another, but are always associated with deficiencies in
the tissues oi the internal organs, produced from causes arising
during embryonic life. These unfortunate individuals have
Inherited incapacities of various kinds, morbid cravings, strong
passions, and feeble wills to resist temptations, many with de-
fective education firom lack of mental power and stability.
Now what ate the important fiictors in causing this degener-
ation of nerve tissue ? Can we find a starting point in the past,
or a present condition which is responsible for the swelling of
our criminal lists, so that our penal institutions are over-
crowded, the enormous increase of divorce suits, the suiddes,
and the worship of devils? the trampling upon the relations of
husband and wife, parent and child, the restlessness under re-
straint, the looseness in government and laxity in discipline ?
More than a generation ago, the circumstances of the times
were fiavorable to the development of morbid sentiments. Four
years of incessant war with battles and sieges, exciting violent
emotions of various kinds, quickened nervous sensibilities,
which became exaggerated like an enlarged organ, from ex-
cessive development. This has irritated the nervous system of
the people of our country into impulses that have caused an
abnormal activity and disturbance of the general physiological
balance, and the increased nervous nutrition demanded by the
new life and its consequences, has tended to deterioration from
the type of the parent race. The abnormal development of
man is characterized by undue progression. Children are pre-
mature, earlier developed, super-smart and sensuous. Through
material development, luxury, irritability and egotism become
dominant.
We educate our children to become free-thinkers, no longer
with any religious belief; they have no hope, no fear, and as
a result they become tired of life, before they know what life
really is. The great publicity given by the press in publish-
ing details of crime, in all their sickening minuteness, reacting
upon a brain weakened by some depressing influence, either
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PSYCHOLOGICAL. 67
liereditary disposition to mental disorders or mental perturba-
tion arising from various canses, remorse or disappointment.
The force of example and the spirit of imitation acting thus on
an impressible brain, are the causes of epidemics of suicide of
various kinds.
Through wholesome suggestion or normal development order
comes, while on the contrary some emotional stress or shock
develops the struggling imperfections. The most practical
treatment recommended for this physiological unrest and men-
tal uneasiness, which especially characterize the period of
nervous growth during adolescence — from the rapid formation
of new nerve connections — ^is the administering of improved nu-
trition for the stomach and of plenty of sleep for the brain.
Material activity depends largely upon brain rest and brain
nutrition.
A normal nervous system, is one that has expansibility as
well as contractibility, to bend, but not to break under stress of
environment.
In every community there is always a proportion of brains,
which, being brought into action, break down. This propor-
tion doubtless diminishes as the community is elevated, and in
a very few generations the result of culture may, perhaps will,
be to develop a better stock, looking at the people as a whole,
but at the outset of the educationery process, and in the gener-
ation first taught, the immediate result must be a considerable
number of wreckings.
This general principle is applicable to all races, peoples, and
classes, and it explains why the first effect of trying to elevate
the negroes has been to produce an apparent increase of insanity
among them.
The negro as we find him to-day is an entirely different being
from what he was in ante-bellum days; he was less resistant,
and gave a larger mortality in both medical and surgical affec-
tions than the Caucasian. It is claimed by some that in time
the negro race would become extinct.
Civilization is a very complete condition. Whoever cannot
adapt himself to new conditions of social life must die out,
gradually, perhaps, yet sorely. Every civilization is the grow-
ing product of a very complex set of conditions, depending on
race and character, on climate and circumstances. To attempt
to alter such a system apart from its conditions is impossible.
One of the most celebrated anthropologists, Prof. Petrie, D. C,
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5S PSYCHOLOGICAL.
L. L. D., in an address on "Race and Civilization,*' before the
British Association of Scientists, has said: "No change is
beneficial to the real character of a people except what flowed
from conviction and the natural growth of the mind. The
forcing of a system such as ours, which Js both complex and
artificial, a system most self denying and calculating of all peo-
ples of the world. The result is death. Scarcely a single race
can bear the contract and the burden as witnessed in the decay
of the American Indians. Some will say, what can be the
harm of raising the intellect in some cases if we cannot do it in
all ? The harm is that you manufacture idiots.
An ignorant race suddenly subjected to an education become
half-witted, or incapable of taking care of themselves. This is^
the result of this burden which their fathers bore not.
The greatest educational influence, however, is example.
This is obvious enough when we see how rapidly the cuises of
civilization spread among those unhappily subjected to it. The
contact of civilized races with lower races is always a detriment^
and it is the severest reflection on ourselves that such should
be the case. It is a subject which has given me much room for
thought, to consider how this deleterious effect is produced and
how it is to be avoided. It is due partly, however, in leaving
temptations often to those which may be no temptations to our-
selves.'*—Prof. W. M. Flindus Petrie, University College,
Loudon, 1895.
Mr. Herbert Spencer, at the conclusion of his '^Principles of
Biology,** ingeniously shows by virtue of natural laws, civili-
zation is so closely bound up with the consequences of psycho-
logical conditions in the natural adjustment of development,
and the obvious corollary he therewith draws is that **In
the struggle for existence, which must follow from this
unceasing pressure. The future progress of civilization,
must bring with it to the individual, an increase of the
great t3ervous centres both in structure and function This^
larger body of emotion needed as a fountain of energy for those
who have to hold their places, under the intensifying competi-
tion of social life, is, other things equal, the correlative of a
larger brain. And the beginning of this larger quantity of
feeling and thought, in a brain thus increased in size, is, others
equal, the correlative of a greater wear of the nervous tissue
and greater consumption of material to repair it. So that the
cost in working the nervous system must become a heavier
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PSYCHOLOGICAL. 59
task on the orgasism. Already the brain of the dvUized man
is larger by thirty per cent, than the brain of the savage, and
presents other changes in the distribution of its convolutions,
under the discipline of life we infer further changes will con-
tinue to take place, for the antagnism becomes unusually mark-
ed where the nervous system is concerned because of the cost-
liness of nervous structure and function."
All aristocracies, all class segreggations that fill up their
ranks among themselves, have suflffred gradual losses which
wotild have caused reduction were it not for the additions made
firom time to time. There is not in Europe a single national
nobility the majority of which dates from considerable anti-
quity. We believe it has been estimated that the average dur-
ation of noble fieunilies is not more than three hundred years.
It is in the direction of the theory of evolution, to the ac-
quired imperfections of .structure ; the development of the
nervous system, and of the normal manifestation of its activi-
ties, as well as its associated disturbances, when prevention and
cure are the objects sought, and we must look to biology and
physiology, rather than to pathology, for our guide in these
studies.
Improved methods of research have led to the discovery of
new forms of cells in the cortex qf the brain, and to a better
knowle^e of the marv2!'o ts net work of fibres in this area.
Studies here in the futuic Jivill surely throw fresh illumination
of the problems of psychiatry and psychology.
In summing up we will say that we have endeavored to pre-
sent, fairly, the facts on both sides ot this subject, and inter-
preted their causes by ascertaining their laws. Therefore it
has been scientifically demonstrated that there is a practicable
application of a law which governs mental evolution, that un-
fitting conditions of existence are the cause of inharmonious
development, and that an improvement in these conditions
would effect a corresponding improvement in the individual.
Moreover, it has also been demonstrated that the same physi-
ol<^cal laws apply to men as to women — the sexes, viewed
collectively, offset each other pretty fairly in unlike but equi-
valentqualities.
No amount of education will ever destroy maternal or wifely
love In the true woman, as illustrated in the cases of many of
our great writers and artists.
Woman's larger activities will improve domestic life ; intelli-
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60 PSYCHOLOGICAL.
gent and scientific method and order have already been applied
to domestic work, and more than this, the best housekeepers
in the country to>day are these same progressive women. The
higher the endowment, the larger the freedom ; the better the
equipment of the woman, the nobler the coming man will be.
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CORPORAL PUNISHMENTS FOR CRIME.
BY HON. SIMEON E. BALDWIN, LL. D., OF THE SUPREME COURT OF
ERRORS OF CONNECTICUT.
I have been a&ked to speak to you to-night on the subject of
Corporal Punishments for Crime. It is one which concerns
everybody, but, If we except the criminal himself, no one so much
as the lawyer, the physician, and the psychologist — ^those^n short,
of whom this section is composed.
The law which is violated «by a crime is an imperfect one unless
it has provided a proper sanction. The sanction is improper if
it inflicts any unreasonable Injury upon the body or upon the
mind and character of the offender. Over one, in human socie-
ty, the physician stands guard: over the other, the psychologist
Let me address myself first more particularly to those moral
considerations which underlie the whole matter.
What is it that authorizes human government to punish, at
aU?
How can one man assume to restrain another man's liberty, or
subject him to suffering and degradation, and claim a warrant
from it under the principle of justice, which are at bottom prin-
ciples of equality of right?
Am I my brother's keeper? And how does an aggregation of
individuals gain a power which each by himself confessedly has
not.^
Nothing whicli belongs to the rtalm of the infinite and the di-
vine can ever be fully apprehended by inhabitants of this little dot
in the universe, which we call the Earth. But if Christianity be a
true religion for mankind, and there are any teachings which we
can trace back to Christ, they surely comprehend the duty to
render unto Caesar the things that are Caesar's, as well as unto
God the things that are God's.
They comprehend also the still broader doctrine of the father-
hood of God and the brotherhood of man.
Read before the Medico- Legal Society, Piychological Section, March 17,
1899.
Read before the American Association of Physicians and Surgeons, Chi-
a«o,Jwie3, 1899.
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62 PSYCHOLOGICAL.
The tendency of our times has been to emphasize the second
of these most strongly. It is that which we can understand the
best. But the fatherhood, of God is the more important concep-
tion in respect to whatever belongs to the domain of govern-
ment. A pure sentiment of fraternity leads logically to anarchy.
Fatherhood implies power, restraint, correction. If in the moral
system of our world there is punishment for sin ordained of God,
all considerations of analogy require that the governmental sys-
tems, under which its civil affairs are regulated, should provide
punishment for those offences against the good order of society
which we cajl crime. Nor, notwithstr^nding all that the scliool
of Tolstoi may say, have the authoritative writers on the nature
of Christianity failed to declare that this is so.
When St. Paul sent his epistle to the Christains at Rome in the
reign of Nero, '.hey were restless under the strain of subjection
to a tyranny that for them foreboded religious persecution.What
is his word of advice? That all civil power in the State is ordain-
ed of God, and acts in the repression of crime as "God's minister,
an avenger for wrath to him that doeth evil."*
And is not this general law of retributive justice in equal meas-
ure— aside from anything that Christianity teaches, and evc:i
from any conception of a personal God — part of the order of the
universe?
The first lesson we learn in physics is that action and reaction
are equal and proceed in opposite directions. If I give a blow
with my fist to a tree, the tree gives my fist an equal blow. It
pays me in kind. Animated nature of all forms seems governed
by a law much the same. We get what we give.
This has been an age prolific of new sciences. One of them
has for its object to stand guard over the interests of the worst of
men, in their dealings with society, and to keep all it can from
r' meriting that name. We call a Penology, but it often seeks rath-
er to exclude than to regulate punishment. It has done some-
thing towards propounding a new theory of morals, — something,
one might perhaps say, towards interposing a check to the nat-
ural operation of the law of cause and effect, in the dealings of
governments with crime.
I am inclined to think that some of its exponents have gone
too far in these directions. They assert that human punishment
has no legitimate object except human reform, and that if it
♦Romans xii, 4.
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PSYCHOLOGICAL. 63
hurts, it hurts only to save. Five of our state constitutions rest
their penal codes upon this position * But society needs sav-
ing from the cnminal, quite as much as he needs saving from
sin. **The wages of sin is death." To that end it logically tends.
The extinction of sin may require the extinction of the sinner,
at least in this world.
The punishment of sin on earth is partly, at least, left to human
government. When it takes the shape of crime, government
must meet it with the strong hand, and add the human sanction
to the divine, — the sentence of the courts to the sentence of the
ccmscience and the community.
I have thus ventured to go Back to fundamental principles and
maxims in order to clear the way for a fair view of our system of
criminal punishments in its relation to the facts of history and
the laws of the universe.
The nature of things seems to require tliat the man who strikes
shall be struck back. In rude times, this punishment is promptly
administered by the party injured or his friends.
The next step, as men become civilized, is to have the State do
it The lex talionis is followed. Three times over it is laid
down as the fundamental rule of criminal justice in the Penta-
teuch: in Exodus, in Leviticus and in Deuteronomy. In the
New Testament,indeed,Christ tells his followers that it is no guide
for the individual, as to his personal conduct.t He is not to
punish at all, but to forgive. No reference, however, is made
to punishment by the officers of government to vindicate its
authority.
Every national habit which has endured through two gener-
ations comes to be generally regarded by the people as im-
memorial. It may have been contrary to what had always been
before the practice of the inhabited world. It may still be con-
trary to that of all other peoples. Nevertheless to those who
have grown up under its influences, and from their earliest recol-
lection saw it followed by their fathers as a settled rule of life,
it will have all the sanction that a remote antiquity could bestow.
It has been to Americans a national habit for sixty years to
punish all ordinary crimes by imprisonment, and imprisonment
*Iiidiaoa, New Hampshire, North Carolina, Oregon, Souih Carolina. Those
of South Carolina and Georgia forbid punishment by whipping. — Stimson*9
Am. Statute Law, I. 31.
tMatt V. 38.
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64 PSYCHOLOGICAL.
only. It has come to seem to us the natural way of treating con-
victs. Is it, indeed, this? Or may this national belief be a bit
of provincialism, due to an inadequate consideration of the les-
sons to be learned in other lands or from other times?
In all previous centuries which have left us any record of hu-
man life, the prison played a temporary and insignificant part in
the administration of criminal justice. Occasionally some pris-
oner of State was confined for years or possibly for life in the
dungeon of a castle. Often these were used as a place of deten-
tion, in which lo keep men a few days or weeks, until they could
be brought up for trial. Now and then, some tyrant like Bomba
of Naples of more recent days would abuse his power by keeping
not only leaders in schemes of political revolution, but multitudes
of their followers, under lock and key for an indefinite period,
upon pretence ihat there had not been time to prepare the case
against them. But all such instances of imprisonment were
exceptions to the common rule. In nine cases out of ten, in
ninety-nine cases out of a hundred, the man convicted of any of
the common crimes, unless banished to some distant place of ex-
ile, was dismissed, after paying a fine, or being subjected to
some form of bodily suffering, or social degradation.
The substitution of imprisonment for all other forms of corpo-
ral punishment has involved the modem State in two great evils.
It has addad enormously to its annual outgoes.
It has taken thousands of its people from their natural sur-
roundings and cpportunities for profitable industry, and shut
them up in an artificial and unnatural environment, where they
are almost always in a moral atmosphere that is foul and contam-
inating. *
True, the attempt was earJy made, and has never been aban-
doned, to make the jail a school of discipline and reform. At the
beginning of the eighteenth century, Pope Clement XI, in erec-
ting the prison of St. Michael for juvenile offenders, and setting
up there a system of manual training, put upon its walls the in-
scription, Parum est improbos coercere poena, nisi bonos effi-
cias disciplina. But what has really been accomplished towards
turning the convict out a better man than he went in?
One of the persons most closely connected with the State Re-
form School at Jleriden, Connecticut, stated recently that of the
boys kept in the principal building of the institution, not one,
so far as they could discover, led an honest life after his release,
though part of those housed in detached cottages were appar-
ent!/ improved. A better showing is made by the statistics put
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PSYCHOLOGICAL. 65
forward by the Elmira Reformatory, but there are few Brock-
ways to be had. No system of prison discipline is worth a rush,
as a mould of character unless the man who is responsible for
its administration is gifted with exceptional, and, one might al-
most say, transcendent powers.
The great change in the system of criminal punishments to
which I have alluded came to the United States as a part of the
new life upon which they entered after their independence was
established and the forms of modem government set up. It
came gradually, and almost insensibly, — ^the natural outgrowth of
democratic institutions. Whipping, branding, mutilation and
the pillory, one by one faded out of use before they disappeared
from our statute books.
The object of the lex talionis is to apply what seems the rule
of natural justice. It is to punisfa; to punish in a way that will
deter other men fiom acts of similar violence, and in many cases
to stamp the offender with a mark that will be a perpetual warn-
ing to the rest of the community to be on their guard against;
him. It hurts the body and it is apt to hurt the soul. The con-
tinuing degradation which it generally entailed, did as much as:
Its cold cruelty, perhaps, to bring it into discredit.
But one remaant of it now endures in our law, that of capital
punishment for murder in fhe first degree. Hanging hurts, and
the hurt and shame of it are both needed, our people think, to
give his due to the man who deliberately and maliciously takes
another's life.
Is it certain that some other punishments which hurt might not
also have been visely retained, might not now be wisely re-in-
stated for particular offences?
I do not hesitate to avow my conviction that whipping would
often furnish a mode of punishment far more appropriate than
fine or imprisonment for minor offenses, and a useful addition to
imprisonment for graver ones. While holding criminal terms of
the Superior Court I have more than once had occasion to sen-
tence ctdprits to confinement in jail, whose case would have
been, in my opinion, better fitted by some form of punishment
shorter in duration, and sharper in pain. Many of you, I am
sure, must sometimes have had similar reflections as you review-
ed the course of criminal justice in the case of young offenders,
whose fathers hafl apparently spared the rod and spoiled the
child.
A London magistrate of long experience, Sir Edward Hill,
once said that long sentences make very little difference in their
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66 PSVCHOLOGICAL.
deterring influence upon criminals as compared with short ones^
for the simple rear on that the criminal classes are devoid of imag-
ination. They do not and cannot picture to themselves the drag-
ging monotony, year after year, of prison toil, or month after
month of prison idleness, with that vividness and sense of reality
with which it strikes an industrious citizen. Whether they are
sent up for two years or for twenty seems to them of slight ac-
•count.
No sentence to a county jail is greatly dreaded by a hardened
criminal. It gives him in most cases an assurance of better hous-
ing and of better food than he is. in the habit of gaining by any
other mode of exertion. He has never taken into his soul the
full measure of the good of liberty It is not a good, except so
far as its possessor knows how to make good use of it; and that
to him was never known, or but half known. On the other hand,
whipping is dreaded by every one, man or child. We shrink
from it first and most, because it hurts. It is no degradation to
a boy to be whipped by his father, or by his master at school.
That is not his objection to it. He feels that it is a reasonable
and natural consequence of misdoing, and leaves him better,
rather than wo'-se. The sailor and the soldier, until recent years,
•met it 'm the same way, and with no loss of spirit, or of loyalty
to their flag. Custom, for them, had dissociated it from dis-
grace. It was simply retribution. Among civilians, however,
to the grown m«m, it is and always was a mark of degradation
in the eyes of the community. But as a penalty for crime, it is a
consequence of degradation rather than a cause of it. It was
the crime that really degraded.
The criminal dreads whipping mainly, as the boy does, be-
cause it hurts. A French physician^ at the head of the great
prison hospital at Toulon, in a work on the characteristics of con-
victs, has said that the abolition of punishment accompanied by
torture has resulted in greatly augmenting the number of homi-
cides.* A convict, whom he quotes, had been sentenced to fifty
stripes. "Ah," said the man, "that is worse than fifty strokes of
the guillotine. One suffers during it, and after it, too."
There has never been a time when whipping was not a mode
of criminal punishment in at least onfe of the United States. The
United States themselves introduced it together with the pillory
into their original Crimes Act of 1790, but it was abolished by
*L'Auvergne on Lcs Forgats, 215.
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PSYCHOLOGICAL. 67
Act of Congress in 1839. Flogging in the army, however, con-
tinued until its character was revolutionized by the introduction
of so vast a multitude of volunteers at the outbreak of the civil
war. In the aavy it was retained until 1872.
Great Britain did not abandon its use in her army until 1881,
and it has never been disused in England as a punishment for
crime. In 1861, when her criminal procedure was made the sub-
ject of revision, it was given new prominence as a penalty for
offenses of boys. Soon afterwards it was added to imprison-
ment, in cases of robbery with personal violence, garroting or
other aggravated assaults on life and wife-beating. The results
are conceded to have been most salutary.
Maryland in 1882 followed her example. Whipping was there
made a penalty for wife-beating. In 1884 there were one hun-
dred and thirty-one arrests upon this charge in the city of Bal-
tmiore. Early in 1885 ^ tmn, and the first white man, was sen-
tenced under the new law to twenty lashes, besides a year in jail.
At the close of the year, there had been only sixty-seven cases
of wife-beating before the court The next year showed a still
farther decrease, and the police aCtithorities stated it as their opin-
ion that the fear of a whipping had prevented half the assaults of
this character that would otherwise have been committed.* As
was rightly said by the father of the law in the Maryland legisla-
ture, the man who beats his wife alid is cowhided for it by her
father or brother is thought by all to have received his just re-
ward; and why then cavi! at a similar punishment inflicted in an
orderly way, after a full hearing ol his defence, by an officer of
the law?
Let us admit that degraded as such a man is by his brutal act
and the brutal heart behind it, he is further degraded in the eyes
of his fellows by the whipping to which he may be sentenced.
I do not hesitate to say that he ought to be, and that this further
degradation, however we may deplore his fall in the eyes of
the world at large, is a strong argument for the infliction of this
particular penalty. The social sting often goes deepest. A man
hates to lose caste among those with whom he associates famil-
iarly. The term "jail-bird'' shows how the cbmmunity regards
tfic man who has been once sentenced to imprisonment. But
Ms mates often look upon him as none the worse for it. He has
simply been unlucky. Let him be stripped and put under the
hsh, however, and he sinks in their estimation. It may, indeed.
'Reports of Am. Bar Association for 1886, 291.
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68 PSYCHOLOGICAL.
have another good tendency from that very fact. It may drive
him out of their company, into that of honest men again. But,be
this as it may, to flog one criminal, deters by the very disgrace
of itj hundreds trom crime.
I am speaking to men not unfamiliar with the administration
of criminal justice, and desirous to make it better. Let me ask
you to think of these things; to turn the light of your
own observation or experience on the subject; and as you look
back on the story of sentence after sentence inflicted on some ha-
bitual rounder, to whom the jail has become a home, to consider
if one good whipping at the outset might not have saved what
has been not simply a wasted life, but a life that has wasted the
property of the community and the peace of the State.
I would not, of course, stand here to advocate the restoration
of the public whipping post, or the award of this penalty for many
offences. Let it be inflicted in private, and when upon grown
men, for such offences only as involve great personal violence and
indignity to another.
We do indeed resort to it still, in addition to the penalty of
imprisonment, where a convict proves idle or insubordinate. The
warden of the State's Prison in my State, under our General
Statutes, in case any prisoners "are disobedient or disorderly, or
do not faithfully perform their task, may put fetters and shackles
on them, and moderately whip them, not exceeding ten stripes
for any one offence, or confine them in dark and solitary cells.*
A similar authority is given to the Superintendent of our State
Reform School, by the rules of rbat Institution; to the head of
Elmira Reformatory; to most wardens of penitentiaries. Why
need we hesitate to punish a criminal in this way for his crime
by the sentence of a court, when we allow it for mere disobed-
ience to the orders of his jailer, and at that jailer's will? May it
not, we may further ask, be a lighter punishment than confine-
ment in "dark cvnd solitary cells" for such time as the warden
may think fit? Those of us who remember the thrilling pages
of Charles Readers Never too Late to Mend, will have no great
hesitation as to the answer.
Nor, to go one step further, am I sure that there is not a cer-
tain crime to repress which we might not wisely resort to another
still sharper and more degrading punishment, which former gen-
erations and our own ancestors, even, did not hesitate to apply
where it would do most good.
*G«i. Stat, of Connecticut, Sec. 3341. Originally adopted in 1773.
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PSYCHOLOGICAL. 69
There is one wrong to a woman which some have deemed
worse than death. In every country where men alone make the
laws, they owe a special duty to secure the weaker sex against
that offense, and to punish it, whenever committed, with just
severity. In the early days of New Haven Colony, the laws pro-
vided, with meaning obscurity, that it should be "severely and
grievously punished"* by the magistrates. It is probable that
the planters had in mind that this grievous punishment might
sometimes be castration.t Can there be one more precisely ans-
werable to the wrong?
In the early criminal codes of Europe we find it in use for
several of the graver crimes. In the laws of the Visigoths, it was
inflicted for sodomy.*
William, the Conqueror, brought it into England for rape, and
— coupled with putting out the eyes that had "looked upon the
woman to lust after her," — it stood as the legal punishment un-
til sixty years after the grant of Magna Charta, (3 Edward I).5
In Connecticut, the first record of an recourse to it is found in
the first half of the eighteenth century. A man convicted in the
Superior Court of mayhem, was sentenced to tfiis form of muti-
lation because it was doing to him precisely what he had done to
another. At that time there was no punishment prescribed by
law for such a crime. There was a statute, which had been in
force since 1672, "that no Bodily Punishment shall be inflicted
that is Inhumane, Barbarous, or Cruel." || The court stayed judg-
ment until the will of the General Assembly could be known.
That body thereupon resolved "that the Judges cause such pun-
ishment to be inflicted as to justice appertains, according to their
best skill and judgment." The Superior Court was then com-
posed of Roger Wolcott as Chief Justice, who was afterwards
Governor of the Colony; James Wadsworth; Joseph Whiting;
William Pitkin, afterwards Chief Justice; and Ebenezer Silliman.
It has seldom in its history been better manned. They did not
think it inhumane or cruel to adopt the lex talionis, and passed
sentence of membrum pro membro."**
•N. BL CoL Rec., 11. 278.
tN. H. CoL Rec., IL 601, citing Leviticut xxiv. 19. I find no cord of
ftiiy conviction for rape.
tHeinecdnt' Corpus Juris Germanid, 1947, 1948.
i2 Coke*s Intt 180, 181.
JSbrt., Bd. 1715. 99 , r.
♦•Col Rec. of Conn. VIII. 578 ; State ▼. Danforth, 3 Conn. Rep. 120 (/V-
^^nj.) The next year a statute was passed to make such an offense a capi-
tal crime.
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70 PSYCHOLOGICAL.
Forty years later, at the close of the Revolutionary War, a
British deserter, who had been sentenced by the Superior Court
to death for rape, preferred a petition to the General Assembly
for a commutation of punishment. The woman did not wish to
press the charge, and she had been the only witness against him.
The assembly granted the petition and ordered the sheriff to
castrate him and let him go unhanged.'*'
Some years ago, John Hooker, the late Reporter of the Su-
preme Court of Errors of Connecticut, a man whose humane
temperament and philanthropy are as well known as his critical
and philosophic knowledge of the law, wrote on this subject for
the press, in advocacy of our return to the use in this respect of
the lex talionis.
At about the si me time, a petition to Congress to introduce it
into the system of criminal procedure of the District of Columbia
was sent in by l number of women, headed by the wife of the
then Chief Justice of the United States, Mrs. Waite. The Wo-
man's Christian Temperance Union published, not long since, a
vigorous article, in favor of the general adoption of the penalty
for this particular crime by Dr. Thomas D. Crothers, of Hart-
ford.
There are weighty reasons for it.
As fully as the death of the criminal, it ensures the community
against his repetition of the offense. It reforms his body if it
does not his soul. A convict is now in our State prison upon
a second conviction tor this crime. His first term of imprison-
ment had no deterrent influence on him. Twenty-one in all are
there for this offense, and twelve more for an attempt to commit
it.
Such a punishment is also appropriate in this. It puts on the
criminal a shame of the same nature that he has put upon an-
other. It dishonors and degrades, as he has dishonored and
degraded.
It would be dreaded by most men, little less than capital pun-
ishment; but less it would be for there are few who do not cling
to life under the most adverse circumstances. Rape ought not
be punished as heavily as deliberate murder with malice afore-
thought. It is an offense that is seldom long premeditated, and
to which men are urged b}* a blind, impetuous passion which,
fConn. Mm. Rec. in State Library, Crimes and Misdemeanors, VI. 220,
May, J788. I am indebttd for these references to the kindness of onr ac-
complished State Librarian, Dr. Chas. J. Hoadly.
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PSrCHOLOGICAL. 71
while it cannot excuse, may sometimes extenuate the wrongs.
Nor in the interest of the woman, ought rape alone to be visited
with as great a penally as rape followed by murder. If it were
to be, the murder often v/ou!d follow; for the dead tell no tales.
There are two objections, and really but two objections, to re-
instating this ancient penalty of law.
It involves an act whirh might be criticised as cruel; and its
effect is to lower a human Ifle, beyond recovery.
As fpr the cruelty of it, the same degree of suffering is inflict-
ed, for a purpose in one respect not dissimilar, on half of our
larger domestic animals. We do not deem it cruelty to thera.
It is an adjustment to their environment in society. It is
necessary to make it saie to keep them about us.
The same thing has for ages been often done to boys in Italy,,
to serve the purposes of diurch and operatic music. The termsj^
"Castrato" and "Singer to the Pope" were used there as synono-
mous late into the las: century.*
To treat men thus would certainly be, in each case, to lower
a human life beyond recovery. It would indeed make crime
yield bitter fruit. But this ruined life has been the means of ruin
to another life. It loses, as it has destroyed.
There is a crime still meaner than that to which I have alluded,,
that a man can commit towards the weaker sex. It is when he
lures a child into dishonor. The penalty to be measured out for
any act must be partly determined from its natural consequences.
This act, therefore, is not one to be punished as rape or murder
is. But a sentence to mere imprisonment seems to me a very
inadequate one. If every sucfi offender were also smartly whip-
ped, I believe there would soon be fewer of them.
The apprehension of resultant bodily pain is a strong deterrent
to any course of action by ordinary man or brute. It is nature's
penalty for any abuse of our physical powers, — her inevitable
penalty, we may say, in the end. The man has no right to com-
plain who is made to suffer it for a physical outrage wantonly
committed on a child.
It may not be amiss, as I close, to say a word as to the imme-
diate effects of the disuse in 1830 of whipping by Connecticut,,
as a punishment for crime.
It had been the commonest one during the greater part of our
^ccaiia on Crimtt and Pnnithmentt, Chap. XX.
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72 PSYCHOLOGICAL.
history The convict was flogged and then dismissed. Few
were sentenced to imprisonment, except for crimes so aggravated
as to require their confinement in Newgate. A great increase in
petty crimes naturally fallowed its abandonment.
The negroes had always been the most common offenders. The
vices of slavery still tainted their character. They constituted a
third of all the prisoners in Newgate (then the name of our State
prison) in 1826, although our colored population was then but
8000 out of a total of nearl) 300,000. There were more of them
in the State prison in i83tS than there were in 1898.* The coun-
ty jails had no terrors for him. There they could find the only
ground on which to mingle with their white fellow citizens on
terms of social equality. They were sensitive to pain, and had
thoroughly disliked ».?emg flogged.
So, it seemed, had n^iiny others, whom now there was little to
deter from violating :he law. In 18^1 under the old order of
things, there were 45 commitments to the New Haven County
jail. The year after tbc abandonment ol the whipping-post, the
number rose to 95. Five years later it was 270.
The discipline in all such institutions is necessarily lax. The
food is abundant, the roof weather-tight, and the society gener-
ally quite congenial. In a report on the New Haven jail, made
in 1838, one of its convict inmates was quoted as saying "that
he had no objection to being shut up there, so long as he had
cards and a plenty of company."t
The position of affairs was thus summarized in the report of
the Joint Standing CDinnuttee on the State Prison to the General
Assembly of Connecticut in 1840:
*Tn the present state ol our criminal law, there is almost an
impunity for offenses nor punishable in the State Prison; pecun-
iary fines and imprisonment, are the only punishments that the
humanity of the age would tolerate. The first, from the circum-
stances of the offender, is generally nominal, and the latter is only
a charge upon the pubh'c, and a matter of derision to the idle and
dissolute offender."
The half century and more that has elapsed since this
report was made has wrought considerable changes in our county
jails. They have become cleaner, healthier, quieter. And what
has been the effect on fhz idle and dissolute offender, to whom
the committee referred? We find that If he does not relish the
*49 out of 190 convicts in 1838 ; 47 out of 513 in 1898,
tReport of com'uittee to meeting of citizens held Dec. T2, 1838, printed in
T4th Ann. Report of Boston Prison Discipline Society, 1839, P* 3^*
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PSYCHOLOGICAL. 78
greater order and better discipline, he can appreciate the greater
warmth, light and cleanhness, and the better table. If he is put
there once, he is apt to be found a returning guest.
As we review the subject, and compare theory with experience,
sentiment with facts, we must, I think, own that there is much
to be said for the system of corporal punishments so hastily
abandoned in this country during the first half of the nineteenth
century.
I noticed the other day that the grand jury at the Warwick-
shire assizes in England bad recently made a presentment in
favor of flogging for criminal assaults on women and children.
Public opinion is gradually shaping itself towards that end, I be-
lieve, on both sides of the Atlantic; and other States, in my opin-
ion, might do well in ranging themselves by the side of Maryland
in bringing back some such remedy for the more effectual sup-
port of the weak against the strong, and of the juvenile offender
against himself.
I believe that President Woolsey was right when he said that
the only theory of criminal pimishment which rested on solid
ground was that to ptmish was to give the offender his deserts,
and that government had a right to use its power for that end.
But if we were to accept the sentimental or humanitarian posi-
tion, that the right to punish rests on the duty to educate the
ignorant and reform the vicious, I should none the less insist that
whipping was, for many cases, the best incentive to education and
reform. He who has leimed to refrain is half reformed. A
whipping has a very direct tendency to teach a man to refrain
from whatever is likely to entail another punishment of the same
sort
To psychology and physiology, to medicine and law, this is
one of the known lessons of Efe. May not the disciples of these
sciences wisely lend their aid to make it again a lesson to be
taughtt, and taught effectually, to those whom a mistaken
humanitarianism has allowed to forget it?
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CORPORAL PUNISHMENT FOR CRIME.
BY CLARK BELL, ESQ., LL. D., OF N. Y., PRESIDENT INTER-
NATIONAL MEDICO-LEGAL CONGRESS.
The problems involved in a discussion of the question of
the best methods to be adopted in punishment for crime^
has ever had a vital and intense interest to the student of
Penology as well as to the Legislator, and all who investi-
gate the social conditions of the race.
The main question involved, in the proposition of the
eminent jurist, Judge Simeon E. Baldwin, of the Supreme
Bench of the State of Connecticut, to restore the lash as
one of the best, most efficient, and most humane on the list
of punishments, particularly for lesser crimes and misde-
meanors, is one of absorbing interest
We are confronted with a condition which demands our
most careful study, closest analysis, and the wisdom of the
ablest thinkers of the time.
It is almost universally felt, and most generally con-
ceded, that fine and imprisonment, in dealing with the
class of minor oflfenses, which are largely due to drunken-
ness; and the abuse of alcoholic drinks is almost a failure;
and that a careful revision of our present system of pun-
ishments is the crying want of our time. The drunken
father, who has beat his wife, while intoxicated, and who-
has been sent to the Island, leaves behind the wronged and
abused wife and family, wholly dependent upon him for
support, destitute, and often in a worse condition than
Read before the Medico-Legal Sodetj and iu Psychological Section,
May 17. 1899.
Read before the American Association of Physicians and Surgeons^
Chicago, Jane 3, 1899.
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PSYCHOLOGICAL. 75
the prisoner who is sentenced; for he has enough to eat
and drink, and has clothes and shelter, and is kept warm
in the coldest winter.
Of all the train of petty crimes that are due to intem-
perance, it is doubtful if the punishment now inflicted is
adequate, or in any sense wise. It is doubtful if it has
much deterrent effect, and probably in the majority of
cases has not in the slightest such a result
In America the whipping post was so closely related to
the institution of slavery, that it was in many of the slave
states regarded as only a suitable punishment for the slaves,
but I do not think this was true of Delaware, and there is
no doubt that much of the degradation we are accustomed
to associate with this form of punishment, is due to the
&ct that in the south, in the days of slavery, the cat was
deemed the best possible form of punishment for the blacks.
We have been taught to regard it as a relic of slavery,
which perished with that institution ; but the whipping-
post is of another origin : it is English, and has only been
gradually abolished, in England, it^ the army, the navy,
and still exists in English prison discipline.
There can be no doubt that the use of the rod, as taught
in the Mosaic sjrstem, was based on motives of mercy and
of compassion.
The adage, "Spare the rod and spoil the child," is de-
void of every element of that degradation with which we
often associate the whipping-post in our minds.
We none of us felt degraded by the whip in the hands
of the lather, or a birch, as administered by the school
teacher in our boyhood school days. One of the strongest
leasons for the odium we associate with the whipping-
post, must be due to the racial and color question as viewed
from the southern standpoint
There can be little doubt of the enormous value and
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76 PSYCHOLOGICAL.
importance of the whipping-post as a deterrent against the
commission of crime. The late Governor Biggs, of Dela-
ware, in his lifetime an active and earnest member of the
Medico-Legal Society, always defended the whipping-post
with great vigor, as used and applied in the State of Dela-
ware. He claimed to me that it was the strongest safe-
guard of Delaware against criminal offenders, and that it
operated wonderfully as a preventative against the com-
mission of crime.
He delighted to contrast the absence of crime in Dela-
ware with other states, relatively to its and their popula-
tion.
He told me that he sat by the side of a Massachusetts
member in congress, and showed the latter the great appa-
rent volume of crime in Massachusetts as against Dela-
ware, relative to the population of each, and credited the
whipping-post almost wholly as effecting this result
He has said to me, ^^It is, in my opinion, because we
have retained the whipping-post in Delaware, that we have
no state prison. We do not need one.'*
In speaking of the deterrent effect of this form of pun-
ishment there, he said, "In all my life I never saw a white
man in Delaware come the second time to the whipping-
post In a few, and very few, cases a black man has come
back, but that is rare. If a white man, he never took
chances the second time, and he left the state if a confirmed
criminal."
The older men of the south have a personal knowledge
of the efficacy of the whip as a deterrent, based on the ex-
perience of the past They all concede it
Some of them believe that it is a stronger deterrent to
the black man in the south, than to the white ; but I re-
gard this as a superficial view. If it rests on fear of physi-
cal pain alone in the black, I think that an analysis would
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PSYCHOLOGICAL, 77
convince the more careful thinker that it would operate
stronger as a deterrent with the white, than the black, be-
cause with the former the sense of shame and degradation
would be tenfold that of the physical pain.
It is more than probable that no form of punishment is
more repugnant, to the brutalized criminal, than the whip-
ping-post, and its value as a deterrent cannot be over-esti-
mated.
I have thought it would be of interest, in the discussion
of this question, to take the opinion of some of those who
come most into contact with crime, upon some of the issues
involved, and I addressed the following questions to pub-
lic officials connected with the trial of offenders, and in
determining the sentence of those charged with what are
known as lesser offenses.
First, Is our present s^rstem of ptmishmeat by imprisonment adequate
and deterrent, especially in offenses related to drunkenness, and could it,
in your opinion, be improved, and in what respect ?
Stamd. What, in your opinion, is the effect, in cases of youthful of-
fimdera convicted of petty larceny or minor offenses, being committed to
prison, in contact with hardened criminals, on their future lives, and
what suggestion would yon make as to modifications of our present sys-
tem?
Third, It is claimed by public officials in the state of Delaware, where
the whipping-post is still in existence, that it is a powerful deterrent
against the commission of crime, the effect of which is to largely decrease
the volume of crime in that state when contrasted, relatively, with other
states, and especially Massachusetts. I^imiting this mode of punishment
to commitments for drunkenness, wife-beating, and petit larceny, as a
fint offense, when committed by youths under i8 years of age, do you
think that corporal punishment would diminish the volume of crime of
this class of offenses, and would its effect upon the offenders be more
homane, efficient and less liable to deter them from a life of crime ?
I will be greatly obliged for your early brief reply to this note.
I submit some of the replies I have received, but not all,
as they would exceed the limits of this paper.
From the state of Delaware 1 have three letters from
members of the Supreme Court of the state :
One from Chief Justice Hon. Charles B. Isore, one from
the Chancellor, Hon. John R. Nicholson ; one from Ignatius
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78 PSYCHOLOGICAL.
C. Grubb, Justice Supreme Court, and the address of John
F. Dolan, Chief of Police of the principal city of Delaware,
delivered at Chattanooga May loth, 1899 5 ^^^ ^^^ ^^^
Edward Fowler, M. D., one of the Fire Commissioners of
the state.
From the state of Virginia I have received from Samuel
D. Davies, Esq., of the Richmond City Bar, an important
communication which shows the racial question and the
writer's views as to its eflFect upon the question in that
state,
I also learned from Hon. R. Carter Scott, Ex-Attorney
General of Virginia, that there is no "corporal punishment
for crime" in that State, save that provided for in Chapter
833, Act 1897-8, p. 859, which provides that "any judge
or justice of the commonwealth before whom a minor un-
der sixteen years of age is convicted of a misdemeanor is
empowered to substitute stripes instead of fine and impris-
onment, or of either, with the consent of parent or guardian.
This Act was approved March 3rd, 1898, and has not been
long in vogue. The same legislature defeated a bill to re-
establish the whipping-post."
I am also in receipt of an important letter from Hon. A.
J. Montague, the present Attorney-General, who says :
I regret my inability to attend the dinner and take part in the discus-
ftion of the subject. My engagements are such as to preclude the remotest
hope of my presence. I also regret that I am too munh pressed now to
make any suggestions respecting the subject of the paper.
However, I should correct the impression that the legislature of this
state has re established the whipping-post. A bUl was offered with this
proposition in view at the last session of the legislature, but was decisively
defeated. I do not think that Virginia wiU ever revive this species of
corporal punishment, though I am confident its deterrent effects, when
in operation, were more powerful than fine or imprisonment.
I submit the reply of Hon. C. Shorthall, President of
the Humanitarian Society of Chicago.
Also the reply of Z. R. Brockway, General Superintend-
ent of the Elmira Reformatory, and a clipping from a Ger-
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PSYCHOLOGICAL. 79
man newspaper, cited by Mr. Brockway, quoting the views
of District-Attorney Kein, of Breslau in Germany, advo-
cating the use of corporal punishment for criminals.
Also that of Frank Moss, Esq., Ex-President Police Board
of New York city ; also the views of Judge Clarence A.
Meade, of the Criminal Court of this city, with an extended
experience; the views of Hon. W. Payne Letch worth,
LL. D., for so many years President of the State Board of
Charities of this state ; also those of Montague R. Lever-
son, M. D., Judge Thos. F. Wentworth, of the New York
City Criminal Court; and from the Attorney-Generals
of Massachusetts and Maryland, and others which I re-
gret that I can not use at this time for want of space.
I submit first the article by Chief Justice Charles B.
Lore of the Supreme Court of Delaware :
Supreme Court of Delaware,
Wilmington, Del., May 10, 1899.
Hon. Clark Bell.
My Dear Sir: — In the twenty-fifth year of the reign of
Cieorge II, King of England, A. D., 1752, it was "Enacted
by the Honorable James Hamilton, Esq., with his
Majesty's royal approbation, Lieutenant Governor and Com-
mander-in-Chief of the Counties of New Castle. Kent, and
Sussex, upon Delaware, and Province of Pennsylvania, by and
witli the advice and consent of the representartives of the freeman
of the said counties in General Assembly met, and by the author-
ity of the same," that larceny of goods and chattels of above five
shillings in value, should be punished as follows: For the first
offense; the thief should pay to the rightful ov^ner double the
value, if the goods were restored; if not restored, four-fold the
value; should be whipped at the public whipping post of the
cotmty, with any number of lashes not exceeding twenty-one, on
his bare back, well laid on, and should wear a Boman T as a badge
of his crime, four inches in length, and one inch in breadth, on the
outer part of his left arm, between the shoulder and the elbow, of
some distinct color, (it may have been the convict's scarlet letter)
at all times when he should travel or appear from his habitation
for six months and should be imprisoned until he had paid restitu-
tion money and all the costs of the prosecution. For the second
offense the lashes were increased to thirty-one, witU an hour in
the pillory added. The third offense was punishable with death
without benefit of clergy. The pillory and whipping post were
•conmion instruments of criminal punishmeno in all crimes of tiie
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80 PSYCHOLOGICAL.
grade of felony; tne lashes in some cases running up to the num*
ber of sixty. The pillory and whipping post thus inherited from
the mother country in colonial times have been retained in Dela-
ware's criminal penal system until the present time; the pillory
being used only in a few cases of the most heinous crimes, but the
'Whipping post in cases of felony generally; the highest number of
lashes now given in any case being forty. In colonial days, and
for a long time thereafter whipping was an almost universal ele-
ment of punishment in the mother country and in the colonies and
states; while it has been abandoned by nearly all other states, Dela-
ware has found it to be most ellicient» and has kept it upon her
statute books. This has grown larg^ely out of two conditions.
First, the northern and moet populous part of the state, is a nar-
row tongue of land about twelve miles in width, wedged in be-
tween Pennsylvania on the one hand and Maryland on the other.
Across this wedge run two of the great trunk lines of railroad of
this country, (the Pennsylvania and the Baltimore and Ohio), con-
necting the great cities of Philadelphia and New York on the
north, with Baltimore and Washington on the south; in each case
with a midway, freight train makeup station, located near the city
of Wilmington, Delaware; at which stations, it is not an unusual
thing, to have a daily dumping of from thirty to forty railroad
tramp riders, many of them being of the criminal classes from such
large cities. Nearly one-fourth of our convicts are of this class.
At a recent term of court in New Castle County one-half of the
entire number of convicts had not been in the State of Delaware
more than twenty-four hours, at the time of the commission of
ine crime. Many of these men are brutalized, of the lowest grade
of criminals, and take pride in boasting that they whip others and
are not whipped themselves. They have a wholesome fear of the
whipping-post and rarely return to Delaware for a second applica-
tion. Were it not for this fear, Delaware would be overrun largely
by this class. The peculiar location of the State, therefore, makes
the whipping-post something of a necessity in her criminal law.
The second, and perhaps controlling reason, grows out of the test
of experience, that the whipping-post is the most efficient deterrent
of crime known to our laws. It is the most dreaded of all punish-
ments, and in applications (or mitigation of sentence, the prayer
almost invariably is for the remission of the whipping. It appeals
to brutalized nature as no other punishment does, and has made
and kept in the past the criminal classes of Delaware relatively
small in number. The noted bank robbers, Francis H. Carter, alias
Francis H. McDonald, Joseph Lawler, James Thomas, alias Jamea
Watson, alias James Hope, and Edward Hurlburt, when caught and
convicted in 1873, at New Castle, for attempting to rob the Bank of
Delaware, and each tied up to the whipping-post, and whipped with
forty lashes, publicly declared that they cared little for the other
parts of their sentences, but to be stripped to the waist, tied up to-
a post, and publicly whipped was a bitter disgfrace. Their habit
was to give back two blows for every one received. This incident
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PSYCHOLOGICAL. 81
emphasiaes the effect of whipping upon crtminahl of all grades.
After this whipping these bank iK^bbers were heard from quite fre-
qnently in the larger cities in robbery eases, and one of them is re-
ported to have died a few years back in the city of New York worth
$75,000; but ever aft^r that whipping they religiously kept out of
the State of Delaware. Experience teaches that the whipping-post
has kept criminals out of this State, and has tended materially to
keep persons living in the State from the commisfion of crimsb
Nothing acta upon the perceptions and motives of a brutalized man,
like whipping. It is the application of his own medicine, and fre-
quently cures the patient; at least it holds him up to, and reflects
himself in his own mirror, and works effectively upon his fear, if
not upon his consdenoe. I firmly believe in the reforming tafin^
e&ces and power of love and of gentle treatment, rather than of
fear and of harsh punishment, but there are certain natures, some-
it may be irreclaimable, whose consciences and conduct can be l>e8t
governed by the ap]{lieation of the rod. To such the Biblical dbo-
trine, "Spare the rod and spoil the child," still applies. The whip-
ping-post has provoked much hostile criticism. Huch of it, how-
ever, is founded in sentimentality. As a matter of fact the pun-
ishment is never accompanied with much physical suffering; our
sheriffs are ordinarily humane men. The sting is In the public dis-
grace and ignominy of the whipping; and In this line lies its effl-
ctency. Delaware has found the whipping-post not only a necessity
growing out of her x>osltion, but also the most effective preventive
of crime, and for these reasons among many others that might be
mentioned, has continued its use. Yet I think it may be safely said,
that the average Delaware man and Delaware woman are as broadly
humane and rightfully sympathetic, as other classes of cultured
Americans. The man who beats his wife or loves to indulge in
whipping others, is best punished, and most likely to be reformed
by the application of his own method of punishment. This at least
has been the experience of Delaware ever since 1752,' now nearly
one and a half centuries.
CHARLES B. LORE.
Chief Justice Supreme Court of Delaware^
SUPBEMS COUBT OF DSLAWABB,
John B. Nicholson, Chancellor,
Doviatt, Delaware, May 15th, 1899.
CcASK Bell, Esq., No. 39 Broadway, New York City.
My Dear Sir: — ^I regret very much that on account of my ab-
sence from home, your letter of the 5th inst. reached me too late
for the arrangements neoeasary to enable me to accept your kind
invitation for the 17th insrt.
It is quite impossible for me, just at present, to take the time
to write even one hundred words to be used on that
occasion. In reply to your question, however, I think
I can assure you that there is no danger of the speedy abo-
lition of the whipping-post in Delaware. It has stood the storm
of Northern humanitarian hysteria too long. It is true that some
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92 PSYCHOLOGICAL.
legislartiioii is needed in regard to the clsuss of offences to which,
it applies — limiting on the one hand and enlarging* on the other.
TFhifi, I trust, will be done inteUigently.
Kad I the leisure, it would give me great pleasure to express
any views freeJy upon the **whdpping-post,*' inasooiuch as I have
had the discussion of it perpetually forced upon me ever since I
was a college boy at New Hayen, and since then I have acquired
some special knowledge of the subject in consequence of having
served my State as Attorney-General, and reviewed the melanoholy
procession of vice ajid crime on its way to that venerable incrtt-
.tution.
Let me warn you by the way, that very little that you see in
the public prints about Delaware is true, or even approximately
so. In addition to the many reaaons fdr inaoeuracy or falsifica-
tion, which exist gemeraUy, there are several additional ones
special and peculiar to Delaware under existing conditions.
With full appreciation of your oourtesy, I am.
Very Truly Yours,
J. B. NICHOLSON.
SUPBEME COUBT OP DBLAWABE,
Wilmington, May 14th, 1899.
Dear Mr. Bell: — ^I have just returned home and have your favor
'Of 2nd inst. Tomorrow our May term of Court begins here, and
therefore I regret that I shall be unable to be with you on the 17th
inst., and also that I have not time to send you the formal paper
yooi desire.
I am unable to send you our various laws inflicting corporal
punishment, but they are all contained in the Amended Code of
Delaware published in 1893. This you can readily fijid in one of
your public libraries.
In Title Twentieth, oomprising Chaps. 126-133, you will find the
various crimes for whdsh whipping is imposed as a penalty in
Delawaire.
Whippisg is inflicted for felonies only and not for any less
grade of crime, including poisoning with intent to murder (60
lashes), maiiolousiy and by lying in w\^t, mAiTning any person (30
lashes), assault with intent to ravish any female (30 lashes), rob-
bery of various kinds (20 to 40 lashes), burning court house (60
lashes), burning a mill, manufaetory, warehouse* shop, bam, etc,
ete. (20 lashes), breeldng and entering a dwelling house, by night
or day, with intent to <5ommit any felony other than murder, rape
and arson (20 to 40 lashes), laroendes of various kinds (20 lashes),
embezzlement by carriers, porters, etc., for hire (20 lashes),
making or possessing plates for the purpose of counterfeiting
bank notes, etc. (39 lashes), tampering with legislative proceedings
by altering, destroying, concealing,etc.,any pending bill (30 lashes).
The foregoifng comprise substantially all the crimes for which
whipping is inflicted in Delaware. It is not yet imposed, or needed,
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, PSYCHOLOGICAL. 83
for wife beating' or other aesaults and batteries, whicili are still
misdemecmors in this State.
By reference to our amended Code of 1893, page 983, you will
find that in cases of conviction of larceny, when the prisoner is of
tender years, or is charged for the first time (being shown to have
before had a good character^, the Count may, in its discretion,
4Hmt from the sentence the infliction of laifties; and in. oases where
corx>oraI punishmeoit by whipping and the pillory* or either is part
of the sentence to be inflicted upon a convict, the Court may, If
it seems proper to do so, omit suoh corporal ptrniiahraentt or either
form of it, from thid sentence, if the jury recommend suoh oonviot
to mercy, at the time of Tendering thedr verdict."
Here it is pax>per to say that our Courts and Juries are always
disposed to clemency, and that thereby any apparent harshness in
our present laws is adequately correeted.
I may also add that, under the laws of Delaware, females are not
subject to whippiing, or the pdlloiy, as a punlsihmen/t for crime. .
Whipping has been in vogue in Delav^are, as a punishtmenit for
crime, from its earliest colonial x>eriod. That in the general judg-
ment of our people, bosed upon this long experience, it should
be maintained is, I think, rnoontrovertlble. An efCort was made
before our late ConsrtitutionfLl Convention in 1897, to have it abol-
Uikedj by those who earnestly opposed it, on sentimental grounds
diiefly. But the convention, which must be pireeumed to have rep-
resented the general view of our people, paid little heed to these
opponents end disregarded their ai>p]dcatio(n — ^wisely leaving the
matter to the legislative discretion in the future. Surrounded, as
our small State is, by the vicious classes and expert criminals of
several large and populous cities within short traveling di8tance,our
whipping-posi haa, oertaimily, in the opinion of our officiaJs and cit-
izeas generally, very materially and effectively preserved Delaware
and her citizens from their mischievous and perilous incursions.
We have a very signal illustration of this in the attempt made
to rob the Bank of Delaware in the city of Wilmington in 1873, by
James Hope, of the famous Manhattan Bank robbery in New York,
sakl three others of the most noted and skilled professional bur-
glars in this country.
They were discovered in the act, arrested, tried anl septeneed
to fine, imprisonment and the whipping-post. They suilered the
whipping, but v^ithin a few weeks escaped from jail and, with one
exception, have rever been recaptured and otherwise punished.
But since then their fate at our whippingtpoet and a wholesome
fear of it have proven an effectual warning to the expert profes-
iional bui^glars of the country, for hitherto our State and our peo-
ple have been exempt fsrom their visitation.
After a personal experience of thirteen years upon our State
Bench, I have becoane oonvinioed that, in its practical operation the
pimislnnent of a certain class of criminals by whipping is, under
existing ciTcumstances, a needful, economical and effectual means
of pTOFentiniir o^ restricting the oommission of certsdn crimes tn
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S4 . PSYCHOLOGIGAI^
Delaiware. Without it, many 6«rioi]B and fiome heinoua eiinies
would be of far more frequent occurrence, to the increased peril of
her people and the enhanced ocNit of her gj^veammeni. And while
ft ifi thus needif ul fund advantageous to the State, it is bj no meeAUi
clear thai; it is uselesB and detrimental to the criminal, as is 8i>
often contended by humanitarianfi who seem, in the lig-ht of actual
experience, to be more senti-mental than practical.
While in this State the aumber of offences pumishable by wfaip-
pimg may in time safely and properly be dlminisihed, and cfQiet
humane modificationB made in the employment of this remedy, yet
in iiB actual exerdae here, it is not, to eitliea the oonyiot or th*
observer, the brutalizing institirtion which the fancy of the preeeiU
or abseiD<t, especially the latter, sensational newspapsr wri;ter or
artist has so often depicted.
Except in the case of certain dangerous or hardened Griininals,tha
lashes are generally lightly imposed. The mere fact that the con-
vict will be subject to the degradatioii of a public castigatioii, no
matter how brief or light, m usually sufficaent to deter from the
eoimmission of crime, those who are influenced by such considera-
tions. And where, from misfortune or other cause, such are occa-
sionally convicted, the Court is given ample x>ower to extend the
needful clemency and dispense with whipping.
In our judicial experience here, it is seldom that other tbaa
h&rdened offenders are now subjected to the whipping-post, or are
a second time thus pimished. We And that those who are so, gen-
erally belong to that class of social and criminal degenerates who
are usually irreclaimable, and devoid of that moral sense and self-
respect which would enable them to suffer conscious degrad€itiom
from the disgrace of either conviction or corporal pundshment.
Upon them the well meant protests of sensative minded humanl-
tai-iajis against corporal punishment are useless and) wasted, and
without any practical results. Under these cdroumstances it seems
wisest that the protection and interests of the public should not
be sacrificed in such a vain effort to reclaim the irreclaimable and
to lavish sentiment upon the unappreciative degenerate. Such a
policy is too Utopian, and better adapted for the miUenial era than
for the realistic present and the actual problems confronting the
practical statesman, legislator and judge who is called upon to deal
with the criminal classes under existing socdal and political con-
ditions. '
Whilst the convict is entitled to proper treatment amd all philan-
thropic and reasonable efforts for his reformation, yet these must
under every wise, safe and stable government, be subordinate to
the infliction of needful punishment for the still broader poipose
of iweventdng crime by deterring or disabling the criminally dis-
posed from its future commissian, for the protection of both pub-
lic and private interests.
This matter of corporal punishment was before the American
Bar Association at its sessions of 1886 and 1887, as you will see by
reference to Vols. 9 and 10 reports of said association for these
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PSYCHOLOGICAL. 85
jteatBf which you can obtain, from Judge IdUon, Simon S. Stem*,
«r any of ite New York membenu
In Vol. 9, pp. 285-293 (1886), yon will find Prof. Bimeon Baldwin'^
•ommittee'e report vn favor of whlppkig poet for wife bearting, etc.
In YoL 10, p*p. 55-73* &c., yon will fimd tbe debate thereon in the
Bexi year 1887. At the close I spoke in favor, but having but fiva
Kilnnitea, I ended abruptly and unaatJafaotorUy, as yon wUl aee.
As it was, we got the vote of almost ooie half of the oonveatioii
and would have had a much larger vote, except that members, as
Itkej explained to me, did not like to vote for it^ because of the
general xn;ejudiioe of their x>eople e/t home, throughout the North
and West, against Delaware's much misrepresented and maligned
utiijiping-poflt.
Bncloeed I aJso send you an address xMde the 10th inst. by ouB
Chief of Police of Wilmington, at Chattanooga. He haa been on
cmr police force for many yeaxB and ia a very infteUigenit, pfnactloal
and experienced officer.
I aenrt your letters to our Attorney-General, Bobert WMte,Qeorge-
town. Del., and to others.
I i«grei that I have not time to aid you more fully and aatisfao-
torfl J. Yours very truly,
IGNATIUS C. GRUBB.
As a part of the contribution to my paper from the of-
ficiali^ of the state of Delaware, in the consideration of the
subject from its practical and utilitarian side, as bearing
upon the prevention of crime, as well as its practical and
humanitarian side, in shortening and limiting sentences
of imprisonment for oflfenders who have families dependent
upon them for support, I enclose a letter from John F,
Dolan, Chief of Police of Wilmington, Delaware, to whom
I applied to contribute a paper, as a part of the discussion
of this subject, and the paper he refers to in his reply :
WnJONQTON, Del., May 16th, 1899.
Clabk Bixl. Esq., Secretary and Treasurer Hedlco-Legal Society,
New York, N. Y.
Dear Sir: — Your favor of recent date at hand, and in r^pi? wiU
■ay that as I am very busj since my return from Chattanooga,
Tenn., It will be impossible for me to prepare a paper for you at
this time, but enclosed you will find an exact copy of my address
as delivered by me at the Convention of Chiefs of Police, also a
photograph of Delaware's whipping-post and piUory in use, and I
win also say that you are at liberty to use any part of the enclosed
address that may be of any benefit to you? Trusting this wiU be
■atiafactory to you, I remain, sir.
Very truly yours,
JOHN F. DOLAN, Cfii^f of PoUce.
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86 PSYCHOLOGICAL.
The paper is as follows :
CORPORAL PUNISHMENT FOR CRIME. THE WHIPPING POST
AND PILLORY IN DELAWARE.*
BY JOHN F, DOLAN, OF TH« CITY OF WII<MINGTON, DBLAWA&S.
As we are here assembled to confer as to the best method of les-
sening crime, establishing good order in societj, insuring public
safety, and reforming criminals, we should by an interchange of
views be able to formulate that much to be desired plan.
Nearly all sections of our country is here represented, and as each
State has enacted laws relating to the punishment of crimes, they
differ but little as they all inflict imprisonment and labor as the
proper method to deal with criminals whose crimes may be less
than murder of the first degree, excepting tne State of Delaware,
which administers corporal punishment in addition to imprison-
ment for certain felonies, viz., burglary, arson, attempted rape, and
larceny. This mode of punisiunent existed during colonial time»
and has been wisely continued during our statehood.
Wilmington, the metropolis of the State which I have the honor
to represent, contains about 75,000 inhabitants, or nearly two-thirds
of the population of the county, and one-fourth the number In the
State. And according to statistics we have less percentage of
crime of felonious character than any other State in the Union,
and it is greatly owing to the salutary effects produced by that
much criticized instrument, the whipping-post. Although it does
not entirely prevent the commission of those acts of lawlessness
for which it is administered, it reduces it to a minimum. There
never has been but one attempted Bank Burglary in our State,a;kid
fortunately that proved unsuccessful, as the perpetrators were ar-
rested, convicted and sentenced to ten years imprisonment, forty
lashes, one hour in the pillory and a fine of five thousand dollars
each.
The term of imprisonment for which they were sentenced did
not trouble them in the least, but that portion of the sentence
subjecting them to the post and pillory strucic them with terror so
much that they offered $25,000^ to have that portion of their sen-
tence remitted, but they had to submit and take the punishment.
They afterwards made their escape by breaking jail and have given
the State a wide berth since that time.
Situated as we are, between two large cities, Philadelphia and
Baltimore, 28 and 72 miles distant, respectively, and vdthin three
hours of New York City, we should be an easy prey for the crimr
inal classes of those cities, were it not for this particular institu-
tion, for which they all have a most wholesome dread, in fact
thieves passing through out State, although having committed no
crime vdthin our borders, are in terror until beyond its boundaries,
the very atmosphere being unpletisant and uncongenial to them.
* Delivered at the National Conveation of Chiefs of Police, at Chattanoaga, Tenn..
May 10, 1899. Read before the Medico-Lenl Society, New York, May 17. 1899. Read
before the National Association of Physicians aad Surgeons, at Chicago, May at, 1899
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PSYCHOLOGICAL. ST
We have no penitentiary in onr State, bnt a movement is now in
progress to erect a workhouse, the funds for the purpose havings
been appropriated by the late Assembly, and it remains to be seen
whether it will be an improvement on our present system, which
consists of a county jail only, in which, on an avera^, about 160
prisoners are confined, the major part of whom are beings held for
non-payment of flues and costs, and short term prisoners committed
for inisdemeanors, the long term and life prisoners being about 40
per cent.
Instead of giving a prisoner convicted of larceny two, three or six
years' imprisonment, as is done in other States, and keeping him at
the public expense, we give him not less than 5 or more than 40
lashes (grading the punishment) and a short term in prison, and
then turn him loose at its expiration, and the occurrence is rare, in-
deed, when he comes under the lash the second time — ^he either
gives up his habits or else leaves the State.
In many instances the criminals have reformed and engaged in
honest pursuits and become law abiding citizens.
I could mention a number of these.
Long terms of imprisonment as punishment do not, to my mind,
lessen crime or tend to reform the criminal. When corporal pun-
ishment is not included in the sentence the fear of serving time has
no terror for him, as the chances for escape are always favorable,
or at least considered possible. He may be defended by able coun-
sel, and other safeguards of the law taken advantage of, he has the
chance of acquittal by the jury which tries him, for as juries are
now constituted there is no knowing what their verdict may be (as
I heard a judge once remark, *that it would puzzle the Deity to
foretell the verdict of a pettit jury'), he is willing, under those cir-
cumstances, to take chances of conviction, as all he will suffer will
be confinement, alleviated with the hope of pardon or escape in the
near fntUre. But when he knows that corporal punishment is sure
U\ come immediately after convietion, and from which there is no
escape, he %vill hesitate in the commission of the crime or seek
some other locality to do his nefarious work.
As a matter of economy, which is an important feature of the
subject imder consideration, 'Hhe Post and Pillory" have saved our
Sjtate large sums of money by deterring criminals of other States
from visiting us, by preventing in a great measure the commission
of the crimes for which the punishment is meted out, by ill dis-
posed persons in our own community, and, in many instances, re-
forming those that have exx>erienced the unpleasantness produced
by this mode of punishment.
I am well aware that this metnod of dealing with criminals is not
ill good favor with the citizens of other States. We are called bar- •
barians, inhuman, benighted, and are almost ruled out of the pale
of civilization on account of it. And we have vdthin our own State
an opposition to its application by a few sentimentalists, who pose
as humanitarians, but they have never been able to have it elminat-
«d from our statutes.
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88 PSYCHOLOGICAL.
Sentimentality will never present crime, whatever it may do to
foster it, nothing but drastic treatment such as ilts the crime will
have the desired effect, amd for the crimes that I have before men-
tioned nothing is better than that we adHiinlster, and which by
long experience have learned is the only method by which we can
protect ourselves from the criminal classes, vizi The Whipping Post
and Pillory.
Lattbsl, May 19rth» 1899.
Clabk Bkll, Esq.
Dear Sir: — T± you desire my views of the peculiar Delaware In-
stiturtion, I am free to say that in my opinion, tih« Unle never wm
when tibe whipping-post And pillory were in more flavor with, the
X>eople of Delaware than at the present time. To it we owe ovr
comparative freedom from bank robberies and oftihier orimes. Ii^
carceration does not compare as an effectual deterreot. I kzkow of
no prevailing sentiment in flavor of its abolitioii.
Vei^r Truly Yours,
BDWASD FOWLBEt, Ins. Commissioner.
RiOHicoND, Va., May IMi, 1899.
Hon. Clabk Bkll, Yice-Obalrman PisychologiQal Seotion Medioo-
Legal Society, New York.
My Dear Sir:— As a participant by proxy, in the ImportaiDft dia-
cu«sion now in progress* I beg to say, that:
All the laws of the State of Virginia, which punished crime with
stripes, were repealed by an Act of Asseonbly passed April 2l8t^
1882, and have never since been #e-enacied.
That legrifilaitiiire tv«s dominated by General Mahone, who ac-
quired his influence as a popular leader by promising relief from
the State debt to the whites and the abolition of punishment by
stripes to the btecks, who formed the grea^ mass of his followers
ard had most to fear from the whipping-post. I do not say this
offensively, or in any partissn spirit, for I «m no politidans but I
make the statement as a fact of history, in order to show how
largely party x>olitics, and not a 4eliberate public opinion^ was In-
etm mental in bringing about this change in. the law.
However, although the Maihone regime was of short duration^ the
whipping-post has rsmained as he left it — r>Terthrown.
Wiith us, scourging is acknowledged to be the most effaolive
mrans ever devised for the preventioii of erimie, and especially
with negt^oes, who form about 85 per oemt. of our criminals.
This mode of pimishment has long existed in Vfa^giaia even
from colonial times— aaid was applied to offences of mimor grade^
such as petty lajx^enies and embezzlements, and after the war, cow-
ing to abnormal conditions, whish still continue, it was also eoc-
tetided to a class of misdemeajnoTS to which the negro was pecu-
liarly addicted, such as stealing from offices, stores, v^arehouses,
cars. <&c.; maliciously burning bridges, dams and certain hoQses of
less value than $100; unlawfully setting fire to woodsy fiTRMa*
fences or other things capable of spreading fire, &c.
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PSYCHOLOGICAL. 89
BeasoBs of poHcy, growing out eft Hbff iaistiinirtdoii xxf BlATcny, made
oortafn acta diminal in the ahtve wliioli weare not Ao ioi Aha free-
m&zv and ponished theon with eMpem, but, of ooimBe, whem alaveiy
oeaaed these 8x>ecial proYicdoiib w«tre abrogvuted amd iieed not be
oonsidered.
I innst ap^ogize for gi^dng «> much: -dme and space ta the msgvOf
but HteralUj he is tbe bete noir of ovr aodal eynteim ait tOie South.
It would be tii>e8ome re&tefmtioD, to ai|guA the ethnological qoeatioci
aoid to flihbw thttt the ptrinciples of the common law, arigina/tdi^gr,
am they did, with the Angl^Sazon raoe> ai« uttorly uneuited to the
negro character, which, i3i every respect, difTere 00 widely from
thait of the white. It must suiBoe, therefore, to say thait the in-
nate tendency of the negro to immorality and crime, and espec-
ially to theft is so marked and so mischieTOUS, that the question
of dealing with him as a law-breakeir, is the nwst perplexiBg piobr
term in our criminal legislation. He is 00 eonspicuoue in dime,
that we almost forget that there are other criminals.
And yet the remedy is at hand and only needs the aurtfaoiity of
law for its application. The negro has a peouUdr abSkOdnence ol
stripes. ConTiction of felony and conftnemeDft in the peuitentiaxy
aie matters of litUe momeoxt to him. and do not, in anfr diegiee,
affect hje social statos with his race. On the contarei^j'* the re-
leased convict is generally welcomed back to his people with a sort
of ovation and his sins are no more remembered against him,
for, according to negro ethics and religion* he never waa B sinner.
Tbie infliction of 0trix>es, howoTer, is viewed veiy differently,
llkat alone brings shame and degradation^ and the disgivoe im not
in the crime, but in Hae pe(iialty~-possibly, for the reaaon that it
is regarded as a relic and a badge of slavery.
Of eoujse, no feeling of this sort influences the white offender,
because, as a rule, unless he is thoroughly debaaed, there is alwagns
in him a painful sense odt shame resulting both from the fact and
the proof of guilt, which he dreads more profoundly than the pun-
ishment that follows; and, therefore, a less severe penalty is
BufRcient to restrain him from the commission of criminal acts.
This fact is undoubtedly due to the radical and racial difference,
everywhere observable, between the self-regard of the white and
that of the negro.
Hence, while punishment by ^tripes operated as the strongest
deterrent in the case of the negro, no such extreme penalty seemed
requisite in the case of the white. But, inasmuch as the supreme
law of the land forbids any statutory discrimination between the
races, it was necessary to abolish the whipping-post altog»ether in
orOer to provide a milder punishment for the white.
No doubt, too, there was an element of humajiity, or rather of
sentiment, im the legislative policy, which revolted at the infliction
of a punishment always cruel in fact, and, in some instances, Ir-
retrtevably humiliating and demoralizing.
Nevertheless, there are many of our best citizens who would be
glad to see. the whipping-post restored. They know that neither
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90 EKFEST WITNESSES.
conscience nor self-respect imposes any restraint upon the crim^
inal propensities of the negrro, and that the fear of corporal pun-
ishment alone (if anything can), will compel him to obey, if not to^
reverence, the law.
Then, again, it is said that the white criminal deserves no better
treatment than the negro, for he renounces all claim to race su-
periority when he descends to the commission of crime.
In short, there is no doubt, that the supreme eificacy of scourg-
ing, as a deterrent from crime, is universally conceded in VirglniA,
the only difference of opinion being in respect to its propriety ,-
from a humanitarian standpoint.
The late Dr. Minor, for fifty years professor of common and'
statute law in the University of Virginia, considered the abolition
of the whipping-post "unfortunate" and a distingxdshed Judge told
me today that he thoroughly approved of that mode of punish'
ment.
But in reference to the punishment of crimes generally, it seems^
to me that there is another consideration which presents a very
serious ditficulty. It arises from the fact that the softening and
refining infiuences of modem civilization are rendering us moro
and more averse to the exaction of harsh and violent penalties*
while the viciously disposed members of society, unaffected by
those Infiuences, are losing none of their tendencies to evil. And
so there is danger that a false sentiment of humanity will be en^
gendered in which the criminal will find assured immunity for his
crime. No doubt, we shall continue to hate the offense with all
our moral energj', and at the same time, be very lenient to the of-
fender. Hence the tenderness of juries to the most atrocioua
criminals and the rendering of verdicts which astonish and shock
the common sense of justice and of civic duty.
When crime hardens and law softens, there is a radical defect
somewhere, and vice is in a clear way to win in its contest with
virtue.
If it be asked why the whipping-post, with all its virtues, haa
not been restored in Virginia, I answer that the combined forcea
of demagogucry and tmreasoning sentimentalism are able to con-
trol the situation, whenever a movement is attempted in that di-
rection. Respectfully submitted,
SAM'L D. DAVIES.
CmcAGO, May 9, 1899.
Clabk Bell, Esq., 39 Broadway, New York City.
Dear Sir: — Replying to your esteemed favor of the 6th inst.J hand
you herewith an address to the legislature of our State, prepared by
me, which embodies in large part my position upon the subject of
corporal punishment for crime. I will add that I am very confident
that the judicious infliction of physical pain by whipping would
greatly diminish the number of offences committed by yontha un-
der twenty-one years of age. I would advise such puniahmenta to be
made without eclat and in the presence of but very few persons(who
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PSYCHOLOGICAL. 91
should all be present officially and should include a physician).
I would include among those so punishable (always in the dis-
cretion of the Court, however,) wife-beaters, assaulters of very
joung girls, and all habitual criminals, and particularly all cases
of robbery or attempt at robbery accompanied by violence — the8€
wrtaihlv* >
I would also apply the whip to cases of Incorrigible and danger-
ous youth who abound in our cities, under the common term of
"hoodlum," when guilty of crime; this last class, which so often
carries deadly weai>ons, and is always upon the very verge of
grave crime, I would also particularly include, because as a rule
neither their intellectual nor moral nature has ever been curoused
or made possible to appeal to.
Assume a oase: — ^An incorrigible boy over whom his parents have
no control, (and there are many such,) who spends his nights and
days in the company of vicious and criminal companions , who
knows nothing of his obligation to his neighbor, nor of the law,
except to run away from a iwliceman; is caught in the very
act of stealing a pocketbook from the pocket of a citizen; he is
arrested on the spot and taken before a court (a juvenile court if
there be such — ^which court we have erected through our last legis-
latnre), the magistrate presiding receives the presentment of the
case by the policeman, and hears what the boy has to say, if any-
thing, in defense; if found guilty, the boy is sentenced to, say fif-
teen lashes; he is taken quietly back into some appropriate room
or place, and the punishment inflicted; he is returned to the
Court for admonition; the Court addresses him in proper words,
shows him his liability to double punishment if he be again
caught in this or any similar oifence, and dismisses him
to his home; the whole operation need not take over sixty minutes
from the time of arrest to the time of dismissal. The boy, for
the first time, in his life, has had some sense of punishment fol-
lowing crime. He has been entirely spared the consorting with
older and more vicious criminals and the delays of ordinary pro
cedure; and, more than all, the punishment has come sharply and
quickly upon the heels of the crime. Wha vnll contend that sue):
punishment is not immeasurably superior, in its efl!ect for good, to
the present method?
1 believe the effect of whipping — ^the infliction of physical pain —
in all these cases, and undoubtedly in many other, to be not only"
more humane and efficient, but that it would frequently deter the
subjects from a further life of crime, it being the only punishment
to which their consciousness would readily respond, and through
which their sense of obligation to society could be aroused.
In all cases I would have the infliction of such punishment, as
I said, brief and inflicted with a humane and paternal motivCr
namely, reformation. Yours very truly,
JOHN G. SHOHTALL.
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92 PSYCHOLOGICAL.
TO THE HONOKABLE THE MEMBERS OP THE PORTY-fflBST
LEGISLATUBE OF ILLINOIS, ASSEMBLED AT SPRINGPIELD.
GENTUQfBir:
With reference to the proposal to add, by Statute, corporal ehas-
tisement to the penalties for certain offenses, we urge that we
shonld not be guided bj sentimentalism nor influenced bj hys-
teria; but should examine the question under the light of ex-
perience.
The Bin presented for your consideration directs the punishment
of certain crimes corporally, in addition to the punishments al-
ready provided.
The question is a simple one and easily understood, and I aak
your consideration of the following in relation to the proposition:
We must agree.
First, that the object of punishment is to deter and to reform;
and
Second, that physical pain is the only deterrent appreciable by
those in whom the moral sense is either unawakened or destroyed.
We must make punishment just and adequate, or it becomes
either entirely useless, or, worse, an incentive to additional crime;
and often, indeed, a question of profit, e. g., if a person criminally
appropriate $50,000, is he not profited in his own Judgment if he
give in exchange thsee to five years of his life (comfortably clad^
fed and housed at the State's expense) 7 One can readily see that
this is no punishment.
We demand fair play for both criminal and victim; the commun-
ity's punishment of crime must be fairer, that is, more adequate;
hence the suggestion of punishment which has a deterrent quality*
No punishment except physical pain has that quality for the per-
son to whose fine nature you cannot appeal. Would you appeal
to the high sensitiveness in the mind of the beaters of mother
and sisters, tried the other day before J'ustice Dooloy (see foot
note 1), or in the assaulter of your little girl? A mere fine or im
prisonment for the aver^kge term is insuJScient punishment. Its
inadequacy is easily seen.
The penalties for crime in th» latter part of the last eentury
1 TWO BRUTES ARE FIHBD.
LIGHT PUNISHMBNT FOR BBATHVG THBIK. MOTHER AND ■X8TBR8.
Two robust appearimg men stood before Justice Dooley at the Maxwell street police
court today ana gazed shamefacedly about while their aged mother and three sisters
told of cruel treatment received at the hands of the prisoners. The latter gave their
names as William and Matthew R., and said they lived at — "West Thirteenth street.
According to the evidence presented, the prisoners have not done a day's work in
nearly a year, but have lived om the earninga of their sisters. The latter work at
night, while the brothers sit about the house through the day and take things easy.
They also, according to the evidence, abuse their mother and beat the sisters. Re-
cently William, who la the elder ofthe two, attacked his youngest sister, Margaret,
when she objected to his taking from her a portion of her lunch. The girl was
knocked to the floor, and when she cried the brother struck her again with a broom.
Th«n, It Is charged, he announced tils Intention of killing his mother and sisters. His
brother Matthew took a hand In the discussion and threatened to cut the throats of
the members of the &mlly.
William, according to the testimony, recently snatched a kettle of hot water from
the hands of his mother, and in dashing it to the floor almost scalded her.
Both boys denied the charges, but were reprimanded severely by Justice Doolev
and sent to the Bridewell on fines of |io and cosU each.— CAiVra^o Evening I^st, March
21, 1899,
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PBYCHOLOOICAL. 93
and beetnniDg of the preeemt, were as inadequate, as lllj-propor-
tioned, as those of to-day; they were too yiolent in man;^ caaea;
there was no justice, nov decency we wonld say, in hang^ing a thief
for stealing a sheep; bnt there were many yalnable, adequate and
generally approved penalties that were swept away, when hysteri-
cal clamor for the impossible reformed the code. We have swung
too far in the opposite direction.
From the days of Solomon it has been weU known that when the
rod is sx>ared the child is spoiled. We believe it to be true to-day.
We believe it to have been an error to forbid eorporal punishment
in our public schools. There is a class of public school children
amounting to at least ten in every hundred who know no controll-
ing force other than the rod; who are undisciplinable and natur-
ally disorderly; and for those who need such discipline the vod ia
the most wholesome. (2)
Notwithstanding assertion to the contrary, we think we err ser-
iously in all this tenderness toward achool-hoodlum and street-
hoodlum, toward the assailant of the peaceable upon our highways,
toward all who make our streets dangerous by night, who assault
our young children, who malre it neoessary for the orderly citizen
to caiTy weapons of defense— in fact, toward the whole felon class.
May we aak why we should tenderly **consider the manhood*' of
the common felon? Did he show it when he committed the offense
he is on trial for? We say to you, gentlemen, we mufft punish in
the manner that will be best understood; we ahall thus protect
society.
Fifteen or twenty years ago the highways of England Were made
dangerous by an epidemic of garroting; the police seemed help-
less, and the x>«ople were terrorized. Upon consideration the Mag-
istrates were called together, and it was determined to add punish-
ment by whipping to all guilty of robbery and other crimes accom-
panied by violence. It was so ordered. Result: the f rst three or
four cases were practically the last; full publicity was given them,
and garroting instantly disappeared, and the crimes of the high-
way, in which the revolver, sandbag or slung-shot were conspic-
uous, disapeared also.
Have we not arrived at a point in iih% development of the child-
hoodlum at which we may well sit down and consider together?
God knows, we all want to save the child; for, if the child can
be saved, the cockatrice egg thus crushed, all the subsequent evil is
averted. ITiis question is agitating the most benevolent and far
seeing of our land, and great good is being done year by year in
the saving of our children. It is not for us to discuss this question
here; but we would say in aid of this benevolence: Let us in our
treatment of hoodlum and criminal recede from the complex and,
to them, incomprehensible doctrine of scntimentalism, that love
s The figures are by one of the principal public ichool educators of Chicasro, who
adds : *' We are very glad to have corporal punishment omitted from our duties ; vet
this tea in a hundred appear clearly on the way to destruction from which they
woold as clearly be saved were there an adequate physical punishment provided."
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94 PSYCHOLOGICAL.
compels good in all — ^ve will not deny the great truth below the
thought when comprehended by the animal — and let us take up the
old, simple and radical methods, so easily understood, so far as
they teach and enforce the fundamental principles of duty to
.btate, to neighbor and to family; remembering that in man, grad-
ually and naturally, the animal develops, earlier or later according
to his environment, into the intellectual, and this again similarly
ii'.to the moral; and that, until moral perception have developed in
the animal man, nothing will permanently teach him anything of
moral duty except that which gives him physical pain.
We would be glad if you would give the liill for an "Act to pro-
vide for the additional punishment of certain crimes and offenses
by whipping," presented by Hon. John R. Newcomer, a fair and full
. consideration, and, if your wisdom shall approve, that it become
the law of the land. We will simply add that of which you are
well aware, namely, that if it shall be found in practice to be in-
eifectual it can be easily repealed.
Elmiba, N. Y., May 10th, 1899.
Hon. Clabk Bell, 39 Broadway, New York City.
My Dear Sir: — Your's of the 5th.
There is need of reform in the department of administering
punishnent for misdemeanors. The present prison system as it
relates to misdemeanants is very faulty, does not deter from crime
and is also, I believe, productive of crimes. There are of convic-
tions yearly in the Courts of Special Sessions* hearing n&isdemeanor
cases, and in the Courts of Record, hearing felonies, between sixty
and seventy thousand, in the fovmer, with less than four thousand
in the latter.The recalcitrant human beings of the mass ground out
in the mill of the Special Sessions Courts familiarize themselves
N with arrest, trial and usually with short periods of detention, with
idleness and vicious associates, they constitute the soil for the
growth and development of criminals of all g^i^^B*
Approximately 50 per cent, of the felonious prisoners in this Re-
formatory have, according to their own admission when received
here, been previously subjected to arrests, imprisonment im station
house, or jail or juvenile asylum or workhouse or penitentiary, or
have been inmates of some domiciled charitable institution.
The basis of the new and useful imprisonment for the correction
of crime and criminals is the indeterminate sentence.
The true system of tweatraent in imprisonment is that which is
rationally reformative, not for retribution or intimidation.
1 do not know from any personal knowledge, what is the effect
upon the volume of crimes in that State of Delaware's substitute
for imprisonment, but the iirst imprisonment of children
and youth, should be prevented when possible and only
accepted as a last resort. It is stated that the proba-
tion system of Massachusetts works well. Possibly this Delaware
system is useful, but we should guard ourselv^es against conclusionB
based upon alleged statistics, since it is well known that there are
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PSYCHOLOGICAL. 95
not in this country or any other, any criminal statistics by vrhich
a scientific knowledge may be had of the movement of crime.
Beyond question, there is a considerable class of young offenders
in prison and out of prison, whose recovery to orderly and indus-
trious behavior in a free community can be best accomplished, pos-
sibly only be accomplished by some proper use of corporal treat-
ment. The question will sometimes arise whether young criminals
or prisoners shovld be surrendered to evil ways, to habitual crime,
•r be rescued by resort to a physical application. The fact that for
a given class of crimes and public misbehavior there will surely
anl quickly follow a consequence,easily appreciated by the offender,
would act as a check to certain misdemeanor offenses, but any
scheme of penology whose basis is chiefly a deterrent one, cannot, I
believe, prove effective in preventing crime.
There are practical difficulties, as you yourself know, in the way
of introducing and applying physical treatment for certain crimes,
but I am free to say that for some young criminals and prisoners,
a simple corporal infliction, not as punishment, but for correction,
is the most humane and effective of all coercive measures anywhere
in use. Very respectfully yours,
Z. B. BBOGKWAY, General Superintendent.
P. 8. — I enclose you herewith an article taken from a German
paper, which will no doubt be of interest to you.
Distsrct Attorney Keil, of Breslau, Germany, while reading a
paper on "Youthful Criminals," advocated the inlroduction of bod-
ily punishment for young criminals. He is oposed to this mode of
punishment for old offenders, but claims, since parents, teachers
aod masters of apprentices assume the right of bodily punishment,
the State should assume the same rights against young criminals
and include such punishment in the penal code. His remarks were
closely listened to by those present, and the president of the asso-
ciation asked for a general opinion of the members at their next
meeting.
New York, May 4th, 1899.
Clabk Bkll, Esq., Secretary Medico-Legal Society, 39 Broadway,
City.
Dear Sir: — In answer to your esteemed favor of May 3rd I would
•«ay:
1. Our present system of punishment by imprisonment is not ade-
quate and deterrent in offences relating to drunkenness. It is only
useful in removing the drunkard from public view, and preventing
bim from injuring society.
There is hardly anything refdrmatory about our prisons;
their influence rather tends to the deepening of criminal
impulses and the spreading of criminal influences. One of our
greatest needs is a more enlightened and scientiflc treatment of of-
fenders, designed not only to put them out oi the way of doing
harm, but also to correct their evil tendencies.
2. Youthful offenders shovld never be permitted to come in con-
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96 PSYCHOLOaiCAU
tact with hardened criminals. A youth convicted of crime and
sentenced to prison is almost certainly committed to a criminal life.
Such institutions as the New York Juvenile Asylum, the House of
Refuge and the Elmira Reformatory tend in the right direction.
3. I have no doubt that whipping is a proper method of punish-
ment for those offences in which manhood is degraded. The perpe-
trators of wife-beating, cruelty to children and sexual crimes could
be flogged with benefit to themselyes and with the approval of so*
ciety. Whipping for drunkenness would be worse than uselesa, and
would only tend to destroy the slumbering spark of manhood,
which is the only hope of reformation. Drunjcenness is more a dis-
ease than a crime.
Stealing by children is largely the refiult of inherited tendeneies,
evil associations and carelessness of parents. I think that when
kleptomania develops in a child he should be separated from
society and restrained in such an institution as the Juvenile Asy-
lum. I have in mind several cases where pimishment at home has
had no result for good, and reformation has been acoomplishad la
rtich an institution. Yours truly,
FRANK MOSS.
Nbw Yobk, May 4th, 1899.
Clabk BelJ., JKbq., Ne^9 York. City.
My Dear Mr. liell:-^Your favor of May 3rd duly received. In
answer to the questions contained in your letter I v^ill state that
Mrst: 1 do not consider our present system of punishment by
Imprisonment adequate for olTe&ses relating to drunkenness, and it
could in my opinion be improved by the use of the whipping-post.
Second: Youthful offenders convicted of petty offenses should
not be committed to prison where they come in contact with hard-
ened criminals, and 1 would suggest that there should be a reform-
atory run on different lines than the Brockaway institution found-
ed in this State, where this class of minor criminals could be edu-
cated and learned trades during their terms of imprisonment.
Third: 1 think that the ofllcials in the State of Delaware, where
the whipping-post is still in existence, entirely right, when they
report a large decrease of crime in that State. Drunkenness, dis-
orderly conduct and wife beating all appear to arise from too lib-
eral use of intoxicating liquors. In 95 per cent of all the cases tlwB
wife and children complain against the father, they being worn
out aod tired of his constant drunkenness, abuse and beating. The
defendant (generally the husband) is Iccked up, as the case may
be, from one to six months, and the ynfe and family in a very few
days are brought to the realization that while a father or husband
is away from them and peace is restored in the family that they
lose his weekly earnings for their support. They are then called
upon to choose between continual ill-treatment and support or a
peaceful home with no v^y of maintaining it by their ovra efforts.
Now, if in all the city prisons there was a room set aside for puB-
ishment by whipping the same as is now in vogue in Delaware, the
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PSYCHOLOGICAL. 97
prisoner on being found gtdlty be taken to thi« said room tad re»
eeire a certain number of lashes (as the court might direct) sad
then give him his freedom so that he eonld return to his work; the
disgrace of being whipped, in my opinion, wonld liave a more bene*
iicial effect on his conduct than locking him np on .the island for a
few days where either the wife begs him off or induces some neigh-
bor to go on his bond for his good behavior.
I enckMM your letter so yon can read the qnesClona 91011 hafia
asked me which I briefly tried to answer.
Very respectfully yomrs, C. A. MEADB, B8Q.
Qzjof Ibis, Kay 13th, 1899.
Ct.ABK Bell, Esq., Chairman ji^xecutiTe Committee Medico-Legal
Society.
Dear Bir: — ^In reply to your inquiry as to whether I consider our
present system of punishment by imprisonment adequate and suiB*
dently deterrent, especially in offenses relating to drunkenness, I
b^ to say that I think it is not. I regard it as radically imperf ect»
To enumerate the glaring weaknesses of our present system and
describe a better one I must needs write an essay upon the subjectr
which I am sure is not what you wish.
In regard to the much-talked-of re-establishment of the whipping*
postj may say that if its use is justifiable under any oircumstancea
it is for the offense of wife-beating; but I am opposed to flogging-
for any cause. The striking of a human being while under re*
straint arouses all the eril passions of his nature. The act is de-^
grading, and it destroys self-respect, which is a necessary element
in character-buildings In many of those thus punished a spirit of
revenge is implanted, and a class is created which eventually be*
comes a secret menace to society. It would seem that there could
be no mcKre apt retribution than flogging to the wretch who floga
his wife, but I believe there are other forms of punishment, which,
if not equally eiBcacious, are less harmful and more in keeping with
Christian civilisation.
In regard to our methods of reforming juvenile delinquents, in
most of the American States there is a lack of classification. ChiK
dren who are only wayward, sometimes simply unfortunate, are
classed with incorrigible and hardened offenders, in whose compan»
ionship they are irretrievably corrupted. la New York State wa
mistakenly classify by age instead of by character and ofEense. Our
institutions for incorrigible youth are usually too large. Thi&y^
should always be on the cottage and ftunily plan. The reCormatton
of girls and young women should be assigned to women. Indua-^
trial and trade instructloa can be extended much farther than at
present. The State agency sjrstems of Massachusetts and Michigan,
^mhkit largely dispense with the reform school, could be mora gen^
erally adopted with great advantage. I might enlarge on thla
theme, but will refer you to a pamphlet sent herewith entitled
''Children of the State.** On pages 37 to 58 I hare elaborated my
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98 FSYCHOLOGICAL.
tliotsght on this tubjeot and touched on otber points which I deem
eeential in the snoceMful reforming of jnyenile delinqaente.
I am* with great reepeet,
Very tmly yoors,
WM. PBYOB LBTCHWOBTH.
In eoniidering Juvenile Delinquency under daas (e), we come to
the more difficult part of our subject. WhUe conceding at the out-
set tliat there are many excellencies in our system of dealing with
juTenile delinquents, and that we have many admirable institutions
for their treatment, I strongly beUere, that, with the present in-
telligence shown in management, under a different system, it would
be possible to attain still better results. I therefore venture to
point out what I deem to be some existing deftets, and, also, to
hazard the presentation of a plan which is the outgrowth of close
study of the views of specialists in reforms vory work in different
countries, and of extended personal observation.
It has long been painfully evident to me that there was a lack of
discrimination in sending young persons to reformatories. We find
in the same establishment the truant from echoed; the homeless
child, committed as a vagrant; the disobedient and wayward, com-
mitted as disorderly; the i>etty thief, and the felon. Generally some
classification is attempted in the institution, either by age or by
character; but this does not effect the end sought. The different
classes meet at religious services, at entertainments, and on other
occasions, and soon become known to each other. It matters little
what name is given to the institution— whether House of Befuge,
Industrial School, Reform School— or if the name is changed oc-
casionally. Receiving felons, it soon becomes known as a criminal
Institution, and the stigma of crime is affixed to the name of all
who are committed to it. The character of the institution is formed
from its most hardened class. The busy world does not ask of the
graduate for what offense he vms committed. It is sufficient to
know that he is a "House-of -Refuge boy;** and he goes out into the
world with this ugly brand upon him, which he soon fijids must be
hidden before he can hope to rise. Thus a great wrong is inflicted
upon the innocent — ^the greater because of their helplessness — a
vm>ng that should call forth a protest from every generous heart.
Who among us, looking with pride at his family escutcheon, and
cherishing reverently the names of an honored ancestry, would not
hazard his life to defend an inheritance so dear? Take home the
thought that one of us, through the poverty or death of honest par-
ents, might have been forced into association with felons and an
unjust official record made against us — a blot that must rest upon
the name of succeeding generations. Hardened criminal youth
should be separately treated in institutions specially adapted to
their reformation; and other provision should be made for children
simply unfortunate. — (Extract from Children of the State, pp. 37-
88-89.)
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nVCHOLOGIGAL. 99
Dr. Montague R. Leveison submitted his views as fol-
lows:
At a time when this recorrenoe to the practicet of Mvages la
hdng warmly advocated by many weU meaning but half-informed
gentlemen, the notice is too short to do adequate Jnstice to it. The
undersigned can but briefly notice the argnxnents pro and con and
leare the meeting to w^h between them.
First in favor of snch a mode of punishment.
1. The punishment is appropriate to oitences of cruelty; herein
It stands on the like footing with judicial killing to murder.
S. The punishment has special terrors for the class of animals
who commit offences of cruelty. Here end* as it seems to the un«
deraigned, all that can be said in favor of corporal punishment as
^plied to adults. Before proceeding to consider the objections to
it> it is desirable to limit the fleld, by assuming that the only
power of corporal punishment which is to be discussed is that of
vdiipping.
1. By the very nature of the case the punishment Is uneqoaL a.
The person selected to inflict the punishment may strike hardly
or slightly, so that the afBictive character of the punishment de-
pends not u];>on the Judge, but upon the good or ill will of the ex-
scntioner.
b. It is also unequal because of the very different degrees of phy-
siesl sensibilities of the criminals.
c It is also unequal because of the difference in their moral sen-
sibOities.
d. It is also unequal because the same corporal infliction upon
two individuals may pass off with a few hours or minutes of suffer-
ing to the one, while it may inflict life long disease upon, the
oUier.
TMb objection is an extension of that above classed as 1 b.
2. It increases the brutal disposition of the criminal, and even
tiioogh it may suppress its violent expression, this brutal disposi-
tion will flnd vent for itself in other directions.
3. It familiarizes cruelty to the people who witness, or read of it.
It excites all the evil passions of men; and what these can be, we
have lately seen among the savages of Georgia, and in the letters
written home by the ofKcers and soldiers now engaged in the war
carried on, without the consent of Congress, against the patriots
of the Philippines.
Whether or not whipping by their parents should not be substi-
tuted for flnes or imprisonment inflicted by our courts upon chil-
dren, is too large a question to be considered here.
Elkton, Md., Kay 11th, 1899.
Clask Bkll, Esq., No. 39 Broadway, New York.
Bear Sir: — ^Ih response to your letter of the 5th of Kay, which
wss received today, I submit to you such information as can be
teadOy obtained upon the subject matter of your letter.
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100 PSYCHOLOGICAL.
There have been but two cawe of whipping for wif e-bealing ip»-
der the existing law of this State since its passage; this does not
afford a snlBcient basis to make any estimate as to its deterrent
eif eet in the prevention of this crime. While there must hare been
numerous cases of this criminality there seems to be a repngnaaoe
upon the part of Ihe magistrates and eonrts to resort to it.
One of these cases ooourred in this oonnty on the 17th day of Au-
gust, 18M. A white man by the name of John T. Boots, living at
Chesapeake City, while under the influence of liquor, met his wifto
on the hi^way near this town (Elkton), which is flre miles dis-
tant from the former plaoe, and cruelly beat a^d bruised her. He
was arrested and tried before Justice of the Peace Philip IL Groves*
of this town, and sentenced to receive ten lashes on the bare bads
and be imprisoned for thirty days. He vras whipped in the Jail of
this county, by Sheriff Harvey H. Mackey. n
So far as this particular criminal is concerned I have no Infor*
mation as to the moral effect of the punishment upon him. Its
social effect upon him vras to prevent his procuring employment as
a laborer (to which class be belonged). His crime and its punish-
ment resulted in his social ostracism to such an extent that he ap-
pealed to the State's Attorney, who gave him a letter appealing to
people to give the man an opportflnity to labor and support Us
family.
I have never given much thought to the specific questions yoa
ask as to the deterrent effect of peculiar punishments upon crime,
and am not prepared to do so, but in a general way I have con-
sidered this subject, and I am prepared to say that human ingenu-
ity will never invent forms of punishment which vrill deter or pre-
vent crime BO long as the causes exist which produce criminals, and
are allowed to exist by consi^nt of the very people who are exer-
cising their ingenuity to punish crime. Hie source of all crime
ISes in the social injustice which breeds want and poverty for the
masses of men who produce all wealth, and wealth beyond the
dream of avarice for the few who produce nothing.
Poverty degrades, embrutes and embitters men, ana hence is the
prolific source of crime. Until the laws of distribution are radi-
cally amended so that productive labor can reap a just reward, and
the idle parasite who absorbs the wealth which labor creates (and
therefore owns), is suppressed, crime must ever exist and increase
with the increasing tendency of wealth to concentrate in the hands
of the few.
In the application of the principle of God's eternal law of justice
to all his children in the affairs of human government, lies the
abolition of crime. It is the evidence of social disease, it is not
punishment it needs so much, as remedy.
I am afraid, from the trend of the subject upon which the emi-
nent Judge Baldwin vrill discourse, that your very excellent and
humane Society is working in the vrrong direction.
I am, my dear sir.
Very respectfully yours,
JOHN G. WILLIAMS.
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PSYCHOLOGICAL. 101
40 C^BnmAii PABKt South,
Nbw T<»x, May 17, 18M.
HoH. Clabk Beix.
Dear Sir: — ^I emn imagine a eondition of things wkere the exist-
ence of the wbipping^poet would be a benettoent institution.
There is a class of offences and also a class of offenders for which
the whipping-poet, as a oorreotiTe, would be effective. From an
ethical standpoint, howerer, hare we not outgrown the idea? WUi
the best civilisation and the most progressive thought tolerate it?
I think not. Brute force belongs to the f ormatiTe period of so-
ciety; it was employed when government or the social compact
was crude and there were fewer crimes, and when the relations of
men to each other in a state of society were less complex than now.
Society is fast classifying itself, so that in spite of the original
Idea that each man in the B^ublic, was a Idng, by reason of a
voluntary federation, material and ethical differences compel some
men to look up and permit othefs to look down.
The liability to corporal punishment woula be confined largely
,tD the lower or lees intelligent classes, wheve vdfe-beating, for in-
stance, more commonly occurs, and it would not be long before
popular opinion would claim that there vms summary punishment
for the humbler and more degraded class, with only the slower
process of the law for the superior. We must not forget that when
a husband of social distinction and wealth knocks his wife down
the offence is far more heinous and shocking to the moral sense
than a similar act perpetrated by an ignorant man of evil bias and
low environment.
When we inspect the lower strata of society, we find men and
women who do not appreciate our horror of wife-beating, but
rather expect it occasionally as an incident of a Saturday night
carousal or surrounding circumstances. Seldom is the husband,
or perhaps I should say, often is the husband not altogether to
blame. Many of these women have a refined provocative capacity
peculiar to the common life in which their lot is cast, and but for
which the assault would not have occurred. We husbands of the
upper class, for the same provocation, would apply to the courts
lor a separation, calling it 'Incompatibility,*' while these people do
not expect or aspire to compatibility and hardly appreciate our
serious treatment of what are ordinaiy accidents in their every
day life. It is only from our standpoint that wife-beating is re-
garded as such a brutal offense; and being from our point of view
a degrading and brutal crime, we at once name as a punishment a
method equally degrading and brutal, in order that the offender
may experience a humiliation commensurate with the horror with
which decent people view such an indecent act. I doubt, however,
If the class whom we seek to affect would exporienee the humiliat-
ing effects aimed at, while the results would be brutalizing as ap-
pealing to the lower rather than to the higher instincts of their
nature.
Any method which involves physical suffering as a punitive rem-
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102 PSYCHOLOGICAL.
edj is becoming more and more objectionable asreHnementadTanoea
and reason and logic become more and more scientiiic. We would
not make such laws for a refined and educated commnnity, and our
masses are entitled to the same intelligent discrimination that we
apply to ourselves. Adapt your laws to the ordinary, ideals of
modem progress and advanced thought, then turn your attention to
the masses of your population, and by public schools and humane
discipline gradually lift them into voluntary obedience and good
citizenship. A balky horse cannot be cured by club and lash;
morals cannot be inculcated by the whipping-post.
The whipping-post in Delaware is a remnant of the Silurian epoch
of their civilization. It fitted them once and they have not alto-
gether forgotten the habit. They had a negro slave population and
a poor white class, which were never improved by this brutal
pimishment. Abolish it now and no eifort could ever restore it to
the State of Delaware.
As I understand your question, you ask if this punishment
should be applied to youths under 18 years, and for the crimes of
petty larceny and drunkenness as well as vdfe-beating. I say no
most emphatically, and I say further that no Legislature in the
State of New York will ever enact such a law for the punishment
of children under 18 years. Such an unusual and degrading pun-
ishment, if inflicted at all, should be inflicted only upon adults of
superior intelligence, capable of appreciating the indignity and the
corresponding humiliation consequent thereto.
The relation of the State to xmruly children i^ paternal and, in
a measure, corresponds to the relation of parent to child. Fifty
and seventy-flve years ago the discipline of the family was fre-
quently expressed by corporal punishment of the boys by the
father. A harness strap and the woodshed are associated in the
recollections of many who have surrived that stem and Gromwell-
ian period in our history. Occasionally some one says, **it did him
good**; but if you stop to think for a moment, you vdll at enoe
realize that as the customs and habits of the people now are, it not
only would not be done, but would not be permitted to be done,
and men and women are frequently being arrested on complaint
of neighbors for whipping their children. No more vdll our people
permit boys to be whipped by statute for minor offenses, and what
hope is there for any right development of a boy whose eariy
years are dotted with the memory of the whipping-post— eo de-
grading to youthful pride and manhood?
As to petit-larceny, why make such a fuss about petit-larceny?
Here, again, in a large measure, the immature, the ignorant and
the unfortunate of sedety would "catch it.'* I take it that cor-
poral punishment in some of its aspects is the most severe and
most degrading that can be imposed. Then why not take in
grand larceny? When a man robs a bank of $100,000, op a poor
widow of her last thousand, what oould be more effective than to
sentence the accomplished, intelligent and skillful rogue to a publie
whipping and two years in State prison, instead of five yean in
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PSYCHOLOGICAL. 108
State prison alone? A man who steals a loaf of bread or $2 shonld
not have all the possibilities crashed ont of him by a degrading
and shameful punishment; bnt a man who d^berately plans a
large embezzlement may be said to have abandoned all hope and
ambition for honesty, and the State might very well complete nis
degradation by the whipping-post as a part of his punishment.
rd never erect a whipping^post for drunkenness, unless all in-
temperance were made to share in the penalty. I am not sure but
there is just as much misery caused by intemx>erate eating as by
intemperate drinking. ■ I don't see why an habitual drunkard
should be whipped at the whipping-post, while gourmands and
food-guzzlers go scott free. But the strongest objection to such
punishment for the drunkard is that only about one-half of the of*
fenders get pxmished, and this half again belongs to the poor, ir»
responsible and ignorant class. You and I have our dub, where,
if we oTcrstep the limits, kind friends take us home in a carriage
and a forgiving vdfe wraps hot cloths about our hot heads. The
poor unfortunate laborer, who likewise looks upon the cup as a
recreation, has no place to gro to but the comer saloon, where he
is entertained until his money is exhausted and then throvni out to
be taken to the station house.
I think the penalties already existing are sufficient for the pun-
isment of minor offenses. The prevalence of minor crimes in a
community depends largely upon the character and attitude of the
general public. The addition of severer penalties does not, as a
rule, improve the morals of a people. Where a wise and judicious
punishment exists, adjusted to fit the average intelligence, I doubt
if the increase of small crimes can be attributed to insufficient
punishment or be cured by additional penalties. We have in this
community penalties to cover most every conceivable offence; if
results are disappointing, it is due to lax administration, public
indifference, or low tone of moral responsibility on the part of
those charged with the duties of citizenship.
Yours respectfully,
. THOS. P. WENTWORTH.
Baxtimobe, May 6th, 1899.
Clabk Bell, Esq., No. 39 Broadway, New York.
Dear Sir: — Your letter of the 5th inst. has been handed me as the
successor of Attorney-General Clabaugh of Maryland. In reply to
your inquiry, I do not care to express an opinion upon the first of
your questions. As to the second question, I do not think it proper
for youthful offenders to be committed to prison, where they come
in contact with hardened criminals, and in this State we have a
number of reformatory institutions where youthful criminals are
sent. We allow whipping, in the discretion of the judge, for wife-
beating in this State, but for no other crime. I do not consider it
a proper form of punishment for any offence, and do not believe it
has accomplished an3rthing in this State with regard to a suppres-
sion of the crime for which it is authorized*
Yours truly,
QEOBGB B. GATTHSB, JB.
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104 nrCSOLOGICAL.
BostorI May Hh, 1899.
Clabk Bkll, BfQ., 39 Broadway, New York, N* Y*
Dear Sir:— I have your eireular letter of May ftth, aaldng mj
▼lews upon the question of corporal punishment for crime.
It m^ perhaps be a safficient statement of my Tiews to say,
briefly, that I am radically opposed to the use of corporal punish-
ment under any circumstances, CTcn in the discipline of children
by their parents.
Yours very truly,
H. M. EirOWLTON.
The papers submitted in the discussion of the able con-
tribution by Judge Simeon E. Baldwin, of the Supreme
Court of Connecticut^ show in a most forcible manner, the
impressions made upon the judicial mind of those whose
duty it becomes to administer the law, and to define and
fix the sentences of criminals, not only the vice of our
present system of punishment, especially of youthful of-
fenders, but as well those offences that involve cruelty and
brutality in the commission of crime.
I have always believed that punishment should not be
at all retributive or vindictive in character. I know of no
prominent modem author, who does not base the power of
the state, to inflict punishment upon offenders, upon the
deterrent, rather than upon the vindictive or recriminative
results.
The eminent authority cited by Judge Baldwin, does
not, in my opinion, reflect the higher opinion of the abler
penologists of our age upon this subject
The object of punishment should be to prevent crime,
rather than to adjust its punishment by its just deserts.
Legislators should seek for punishments that would be
most deterrent, and not necessarily most drastic, and these
should not be vindictive in character. If this be the
standard of search and inquiry, the whip, in its deterrent
effect, seems by the testimony of those most competent to
judge by personal experience and knowledge, to stand at
the head of all other methods yet devised by man.
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FSYCHOLOOICAI^ 106
In Deleware, the pillory seems, in the laws, to have
l)een r^;aided as more severe than the whip, as it was ad«
ministered in cases where very severe punishments were
intended. There is no phymcal suffering at all in the pil-
lory. Its work is efficacions only on the mental condi-
tion, the sense of shame of the offender, and his conscious-
ness of public odium and du^;raoe. The whip adds to the
mental suffering of the pillory, that actual physical pain,
which accompanies its serious application. ^^Well laid
•cm" meant something distinct and definite in a sentence.
To certain brutalized criminal natures, this form of punish-
ment has indescribable terrors-
The rod seems to come first into our. minds, when we
hear of a diabolical act or crime. '^He ought to be flogged
within an inch of his life,*' is our first mental ejaculation,
when we hear of a peculiarly depraved and brutal crime.
In New York we are seeking now a suitable punish-
ment, in our minds, for the kidnappers of Marion Clarke,
which so strongly moved every heart with sympathy for
the parents. What better punishment could be suggested
in such a case than the whipping post?
The wife beater, in an aggravated case, severely merits
« punishment, if we speak oi just deserts, that cannot be
imposed under our present form of law. His offence is
^ually cowardly, cruel and brutal. It is also vindictive,
and is the action of force and violence on those unable to
resist In this case, we are obliged to confess, no matter
what our prejudices are or may have been, '^that the pun-
ishment fits the crime.*'
Our minds do not revolt against it On the contrary, it
is a natural suggestion, if we think of a suitable vindictive
compensation.
The New York World, which seems to feel an especial
horror of the whip, recently proposed an ineffaceable brand
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106 PSYCHOLOGICAL.
of the letters W. P. on the criminal. This would be a
thousand-fold more terrible than the whip, in its conse-
quences. The whip might and would, doubtless, as a de-
terrent, prevent any repetition of the offence. The public
branding would obliterate opportunity for repentance, and
its good results, from the criminal, and leave him without
any future or the light of hope. I should oppose such a
penalty. The crime of wife beating is almost always com-
mitted when the man is drunk. I can conceive of nothing
more terrible for a man to endure than the punishment
suggested by the New York World. The whip would be
the lesser evil, and, if it prevented a repetition, would be
an angel of mercy to the victim.
As a summary of the conclusions demonstrated by the
debate, I give the following :
1. It should not be within the power of a judge to com-
mit to prison for the first offence, any youth under the age
of 19 years, where he would come in contact with hardened
criminals.
2. Our present system of punishment for petty offences
does not, in its practical effect, operate as a deterrent
against the commission of crime, and has, on the contrary,
a tendency to increase, rather than diminish, the volume
of crime, especially of the class of minor offences.
3. The whipping post is the most powerful form of pun-
ishment, when considered as a deterrent against the com-
mission of crime.
4. The experience of Delaware demonstrates that its use
there has tended to diminish the volume of crime, when
contrasted relatively with other American states.
5. That it is the duty of our legislators to establish cor-
poral punishment for crimes, under careful restrictions :
a. For wifebeaters.
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MYCBOIXKHCAL. 107
&• For ofienders where crnelty and violence are elements
in the crime committed.
Lombroso contends in his recent work, ^' The Cause and
Cnre of Crime," that imprisonment, so universally adopt-
ed as a punishment for crime, is, in fact, the worst of all
remedies (if, in fact, we may not call it a poison rather
than a remedy); is always applied as the simplest and
most practical of the means of safety. We are forced, by
the logic of facts, to study the criminal himself, rather
than the crime he has committed, and the whole subject of
the best and most efficient means of punishment must be
re-examined in the light of biology and sociology, if we
wish to place them on a solid and scientific basis. Truant
schools for the young, and inebriate asylums, and the
splendid work of the Elmira Reformatory are beacon lights
ior the care and consideration of that subject
Imprisonment, as Lombroso says, is the simplest and
most practical. Because it is easiest, and gives us less
thought and exertion, we are prone to accept it unthink-
ingly. That this is a failure in a large class of cases, is
forcing itself upon judicial minds and thoughtful students
of penology, and we do well when we carefully consider
the deterrent eflfects of one kind of punishment over an-
other, and we need not be disturbed by the allegations of
inhumanity of methods, from thoughtless and pseudo hu-
manitarian sources.
It is the most humane to use the quickest and most de-
cisive punishments.
The wave of public sentiment against the use of cor-
poral punishment, which has swept past us in the recent
past leaves us on ground where we can consider, calmly
and dispassionately, whether the hour has not come for a
reaction. The pendulum of public thought on this sub-
ject has swung to the farthest limit : it is now moving back
again in the opposite direction.
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THE WHIPPING POST FOR WIFE BEATERS.
BY REV. PHEBE A. HANAFORD.
Years ago, in my girlhood, I learned that my honored
and beloved kinswoman, Lucretia Mott, was strongly opposed
to corporal punishment in schools, and, though her influence,
the rod was laid aside in the schools of Nantucket — ^her native
place and mine. My belie! in her wisdom was such that her
words seemed infollible, and, therefore, through the long years
that have intervened, up to the present hour, I have cherished a
prejudice against corporal punishment In training my children
I refrained largely from any such punishment, and felt satisfied to
enforce my directions with different penalties.
I am still greatly averse to much whipping of the little ones,
believing that they need to be guided, rather than driven into
right paths. And I remain averse to the resumption of flogging
in the navy, over the abolition of which practice, I greatly re-
joiced, because it seemed hard and cruel, and was often resorted
to, by sea captains or other officers on board ship, out of spite
against some disobedient or disagreeable sailor. The punish-
ment was beyond the desert of the crimen and did not tend to
benefit the culprit. Moreover it was brutalizing in its tendency,
and had evil influence on the man who wielded the cat, (who
might even regard the victim as innocent), and evil influence on
those who viewed the act of discipline.
But when the question arose as to the whipping post in con-
nection with wife-beaters, I began to modify my views on cor-
poral punishment, I recognized the enormity of the man's crime,
and the inadequacy of its punishment under present laws and
customs.
And now I have reached the conclusion that only the infliction
of pain on his own body will deter the ugly domestic tyrant, from
beating the woman he has sworn to love, honor and protect
Drink makes a man ugly, and he vents his ill-temper on his un-
Read before the Medico-Legal Society (Pijchologictl S«stion) hi New
York, May lytli, 1899.
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PSYCaOtOGICAX.. 109
protected wife. The law should protect her, and punish him for
biting to do so.
If the law fines him for his brutal act, the money which he pays
as his fine, is so much substracted from his earnings for his
children's bread. If the law takes the ugly wife-beater to prison
his family loses wholly his support, and the State adds to its
burdens by supporting him in jaiL If the law takes him at once
to the whipping post, he is not hindered long from his work, if
at an, to support his bmily, as he is in duty bound to do, and the
State is saved what it would cost to feed him during a term of
mspnsonment.
We may well assume that the wife-beater does not like bodily
pain, and a short time spent at the whipping-post — ^he being
compelled to be passive, and some other man with strong muscles
vigorously active, — ^the wife-beater learns two lessons: one, how
it feels to be beaten, and the other, that the law will not allow
him to whip his wife without inflicting the same upon himself.
The wife will not be likely to receive a second beating.
The objection may be raised that to those who may behold a
man whipped at the whipping-post, the sight would be demor-
alizing. Very well, then let the punishment be in private.
Some one may ask, "Where, then, would be the lesson to the
public?*' I reply, surely the vast public does not need such a
lesson. And those who do need it will soon hear of the law and
its penalty, and be deterred from wife-beating; or,. if they break
the law, will be convinced by the experiences at the said whip-
ping-post, of the superior blessedness of letting the wife alone,
and treating her as they would wish to be treated. They would
soon leam the Golden Rule, — Confucius-fashion — "Do not
unto others that which you would not have them do to you,"
and would be more likely to advance toward that Golden Rule as
the Lord Jesus taught it: "Do unto others as ye would have
them do to you.'*
Negative law-abiding citizens are better than law-breaking
citizens, but the whipping-post for wife-beaters will help toward
positive law-abiding citizens. And that is the kind we desire.
If the wife-beater learns to leave oflP his liquor drinking, be-
cause alcohol makes a wild beast of him, and makes him cruel,
and brings him to the whipping-post, so much the better for the
man and the community. And if such men stayed out of the
saloons, so that they might not be tempted to drink, and then-
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110 VSYCBOLOaXCAL.
abuse their families, the saloons might in time, disappear, "a,
consummation devoutly to be wished/'
If it be said it may injure the man who inflicts the punishment
at the whipping post, i. e., make him hard-hearted and morally
callous, the rq>ly may be that the man would be simply perform-
ing duty laid upon him, and as he would be deterring a sinful
brother man from continuing in sin, he might even feel that he
was blessing humanity by his fidelity to an unpleasant duty. He
would be striking blows not to rivet the fetters of evil, but rather
to unloose them and set the captive free.
If public punishment be needed in order to cover the offendeif
with shame, and thus deter him from his evil ways, then it might
be public, but usually the man who beats his wife is utterly de-
void of self-respect, and has no "decent regard to the opinion of
mankind.'' The news of the punishment will speedily become
public property, whether the whipping-post be in sight of all
men or not. There is little chance of privacy or concealment in
the white light or the lurid glare of the Nineteenth Century press.
I cannot but believe that justice and mercy alike demand the
whipping-post for wife beaters, till human rights are by all men
respected, and every sort of needful protection is given to that
sacred place called "Home."
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CORPORAL PUNISHMENT FOR CRIME.
BY ItEV. ANTIONETTE B. BLACKWEIX, OF NEW YORK;
Every question has at least two sides. One as broad as this
c6nceming the best methods of dealing with crime, should have
four or five several sides, each with something of value recom-
mending it to our consideration. The paper of the evening, in-
teresting and able from that point of view and commanding our
serious attention, gives us but one aspect of the subject. As
partial care for the lesser offences, the immediate effect of whip-
ping might be considerable, but would it not involve a return to
the untempered weapons of the criminal himself? Like for Like
may be bad or good.
If we fall back on underlying first principles, was it not said
with authority^ "Ye have heard that it has been said, an eye for
an eye and a tooth for a tooth." But I say unto you "that ye
resist not evil" with a like evil of course. Like for like, blow for
blow, seems here to be discountenanced imperatively.
Nature gives her punishments like her rewards, as the legiti-
mate and inevitable result of wrong or right conduct. The
wrong brings some kind of sure loss, the right an equally sure
gain. The nearer we come to this principle, adapting the pen-
alty as a necessary outgrowth of the crime, the greater will be
success in preventing other's crimes and in checkmating this one.
Restraint in some' forms seems to be the natural check for every
form of crime which harms other people.
In earlier days when there were no secure prisons, the penal-
tics of all kinds needed to be and were short, sharp and decisive.
So long as their houses were only tents,' there were no strong
walls within which to restrain dangerous members of the com-
munity. Blow for blow, poisoned arrow for poisoned arrow, was
the law; and to strike back was developed into an instinct which
an of us share to some extent.
Now we have prisons enough. We can ^hut bad people into
our human menageries for longer or shorter times. But a civiji-
DeHvered at the discnttion of Judge Simeon B. Baldwin'ii paper, before
the P»7di6lQgical Sectkm Medico-Degal Society, May 17th, 1899.
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112 PSYCHOLOGICAL.
zation which has not yet learned that men kept for weeks or
months without occupation, may be made ten-fold worse than
before, that living witli nothing for hands or hearts or brains to
do means drifting towards idiocy and irresponsibility, such a
civilization has adopted a remedy which is worse than that of
primitive man in its effects upon all the parties concerned.
Can there be any system more wasteful, more worse than useless
for protecting society, for reforming the prisons, and for piling-
up needless expense, than that of committing, say, the habitual
drunkard, over and over again a dozen or fifty times for a few
short weeks; and so tying up his or her hands from even a fitful
industry, and leaving the family at home to suffer.
Yet bodily punishment is already out of date Children are
not whipped at home as they once were. Such punishments are
forbidden in schools. It has been learned that beating the flesh
has no true relation to the wrong doing of the mind; and we are,
as a community, getting on all the better because of this new-
lesson now taught and practiced by the best people. Shall we
return then to the already nearly discarded whipping post?
It may seem a presumption to express a very positive opinion.-
Fifty or a hundred years ago a woman would not have done so,,
and I am sorry to set up my views against those of the learned
judge, but women do have very positive convictions, and in these
days they are invited to express them. It seems to me that the
cure for crime does not He in the return to blows for blows, or ta
beatings for any crime whatever.
It must lie in justly restraining and controlling the criminal
proved to have injured his neighbors; in requiring him to pay for
his own expenses by hard work, and to earn something towards
the support of his dependents.
While he is also given time, instruction and opportunity for
improvement, which miy lead him to a better life whenever he is
again a free map. Give us long and helpful commitments.
This system would be in every way a gain for all parties. It
would be at once, a justice, an economy and a benevolence.
I advocate restraint and control of convicted criminals cA all
grades, with hard wprk and humane surroundings continued long
enough not only to really protect the community; but to cover
expenses incurred by the State, to board the criminal and con-
tribute towards the suppprt of dependents; and to accumulate
something to enable the past criminal to take up free life again
not wholly as a pauper, but as an honest citizen. Public and
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PSYCHOLOGICAL. 118
privjrte improvements are crying to be done! There will be
available work enough at least for the 20th century! Justice,
benevolence and good sense can better afford to devise such hu-
mane and economical restraints, combined with measures for the
criminal's own improvement, than to continue the present waste-
ful wholly inefficient system or want of system.
And fighting barbarism with one of its own weapons — like that
of the whipping-post — is a kind of civil war which cannot prosper.
No one is really benefitted by the degradation of another. Are
we the children of one All Father? I would sooner be scourged
myself than have to see my brother beaten and disgraced in the
eyes of all near and dear to him. There is some kindred feeling
at the bottom of the heart of the worst and basest child of the
Common Father.
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TRANSACTIONS.
MEDICO-LEGAL SOCIETY.
MAUCH MEETING, 1899.
Meilioo-Liegal Society met at Waldorf-Astoria Hotel, March 15.
1899, the president, Mr. Albert Bach,in the chair. In the absence of
Mr. Clark Bell from the city, i»ir. Coarbalk acted as secretary pro
tern. The minutes of February meeting were read and approved.
The following new members were duly elected:
Active MEHbrBEBS — Henry Wollman, Esq., of Kansas City; Judge
Jose Varela Jado, Associate Justice Supreme Court of Santiago de
Cuba, proposed by Clark Bell, Esq.
Abraham Levy, Esq., 61 Park Place, New York City, proposed by
Albert Bach, Esq.
A paper was read by Clark Bell, Esq., entitled "The American
Government and People and the English Home Secretary."
A paper, by Sophia McClelland, which was laid over to this even-
ing wns read entitled "Overpressure in Education a factor in the
Mental Deterioration of the Race."
Mrs. McClelland's paper was discussed by Dr. W. S. Watson, who
concurred with Mrs. McClelland in her opinions; he said that this
question is of vital importance; what is necessary in public schools
and educational establishments in general is discrimination in what
is assigned to the pupils; crowding of children in the schools, and
forcing too much on their juvenile minds, is an evil that must be
remedied. He would suggest the appointment of a board of exam-
ining physicians. In his experience as a practicing physician he
has treated several cases of nervous and mentflkl prostration result-
ing from overpressure in study; but most striking of all was that of
a young girl; she was the youngest of three daughters in the fam-
ily; the parents submitted them to the same course of study, and
while the elde^ sisters went through successfully, the youngest
broke down under the strain of overwork, and became a physical
wreck."
Dr. Pritchard asserted that as overtraining of the body degener-
ates the orrrans, so overwork of the brain degenerates the mental
capacity, and in the nervous system there must be a constant pro-
portion between waste and repair; this rule applies particularly to
the nervous system, and the more so because this system directs the
whole human body, is paramount in the normal functions of the in-
dividual: over taxation of intellectual forces is an evil and should
be remedied.
Mrs. Taylor agreed with the former speakers and added 'that
something pnictical ought to be done towards alleviating the actual
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TRANSACTIOKS^ ll6
unbearable condition of the school children; a visit to the public
schools is sometimes a sad and heartrending spectacle; the emaci-
ated and womout faces of the children ought to appeal strongly to
the heart of every mother and father. Measures should be taken
and this Society ought to originate a movement to obtain the ap-
pointment of a special Commission by the State to supervise the
hygienic and also intellectual condition of the schools."
Mrs. Maybanks-Stacey said that the members of the Women's
Press Club and the Women's Republican Club have already taken
steps to this end; they have petitioned former Mayor Strong for
more kindergartens and better physical training. In her opinion
the intellectual sense is well developed in the children, but the ethi-
cal and moral senses ought to be developed proportionately, and
there is a conspicuous lack of moral training in the educational sys-
tem of today. The above-mentioned societies have lately sent a
delegation to Albany for the purpose of petitioning the Legislature
for the appropriation of $150,000, to be devoted to the educational
amelioration of the city; influence ought to be exerted on the
Legislatux^.
Mrs. Albert Bach spoke. She said: **That there is lack of venti-
lation in the public schools, and the principtJ reason of the break-
down of children is unsufHeient hygienic measures in the schools;
for instance, children are not allowed time enough to take their
midday meals; bad digestion is the result with consequent diseases
so fatal to children.**
Dr. Watson said '*that children ought not to be allowed* to study
outside of the school,that school hours are qxdte sufficient to impart
to them the knowledge required by the official programs; when
children come out of school let it end there; there is more actual
need of sleep, because sleep repairs the waste of the brain.**
Dr. Pritchard — 'Hhat children learn too much and they are too
ambitious; the school program ought to be curtailed and limited by
the superintendents."
The President, Mr. Albert Bach, contended that the programs of
the schools are overcharged; they are actually far less than 25 years
ago, when the speaker was himself a student; the schools in general
have better hygienic arrangements and better physical training; the
responsibility for the evils pointed out by the learned members,
rests chiefly and primarily with the parents; let us commence to
reform our homes if we wish to reform our schools; parents are too
ambitious; they want their children to learn too much; and if they
fail to do so they force them to it; hence the pitiful physical condi-
tion of children; there 5s lack of hygienic measures more in the
houses of the parents. Another capital point is that the parents
akme can know the mehtal capacity of their children, and they
ought to Judge what the child is capable to do and set him to it
accordingly.
A member of the Society inquired how a commission can judg^e,
examine and measure the mental capacity of a child? It seems Im-
possible to her and she concurs with the president that the parents
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Il6 TRANSACTIOHS.
are better situated than anybody else to know the mental capacity
of their children.
Mrs. Albert Bach suggested that in every street in the City of
New York there should be a special place well aerated and venti-
lated for the children of the neighborhood to play in, during the
winter afternoons, as much evil comes from their staying in-doora
during that period of the year.
In closing the discussion Mrs. Sophia McClelland maintained her
assertion that brain power is reflected in the physical condition of
the child.
The Society adjourned.
ALBEBT BACH, President.
A. COUBBALE* Secretary Pro Tem.
APRIL MEETING, 1899.
April 19th, 1899, Society met at Waldorf-Astoria at 8 p. m. Mr.
Albert Bach, President, in the chair; Clark Bell secretary and Caro-
line J. Taylor assistant secretary. The minutes of the January,
February and March meetings of 1899 were read and approved.
The resignation of Dr. Thomas Darlington, treasurer, on account
of his illness, to take effect on April, 1899, and its acceptance by the
Executive Committee of the Society, was announced.
The action of the Executive Committee, announcing that the
secretary had been authorized and empowered to act sa treasurer
until a treasurer was elected, was announced.
The retiring treasurer made no report. Mr. Clark Bell, as acting,
treasurer, reported that $55.00 funds had come to his hands from
the retiring treasurer which had been disbursed on order of ex-
official, and that he had received the sum of $29.00 from collections,
which was in hand.
The following were elected as members on reconunendation of the
Executive Committee:
AcTTVB Members. — Michael J. Mulqueen, Esq., New York City;
Thomas Garrett Fennell, Esq., 61 Park Row, New York City; pro-
posed by President Albert Bach.
M. J. Manduiey, Justice Supreme Court of Santiago de Cuba;
Judge Louis Gaston, Justice Supreme Court of Santiago de Cuba;
proposed by Clark BelL
The Executive Committee have requested members to contribute
one bound volume, each year, to the Library of the Society. Such
contributions will be announced.
The paper of W. B. Chisholm, Esq., of Auburn, N. Y., on The Case
of Sheldon; It's Sequel, and the Theory of Contact Shots, was read
by the Secretary.
Dr. Pi-ank Ferguson, of New York, who had been invited by the
Chair to discuss the subject of Contact Shots, who was present,
asked permission to prepare and submit his views to the Secretary,
which was granted, and Dr. Ferguson suggested some names, whom
he recommended should be Invited to give their written views on
the subject of Mr. W. B. Chisholm'a paper.
The paper of Mr. Wollman^ of Kansas City, entitled Expert Tea-
Digitized by VjOOQIC
TRANSACTIONS. 117
timony, was read. Prof. M. C. White, of ^ew Haven, gave notice of
submitting his view^s upon the paper.
An informal discussion was had as to place and method of meet-
ing for the Society, and Dr. W. Annie Hatfield favored a return to
the plan of last year, to meet at dinner monthly ,and have the paper
follow the dinner, to the consideratioo of the Executive Committee
for the May meeting.
The resignation of Judges Chas. G. Garrison and L. A. Emery on
the Maybrick Memorial Committee, on account of their inability to
act, by reason of the pressure of official duties, was announced, by
the Secretary, and that the President had appointed Judge Conway
W. Noble, of Cleveland, Ohio, Judge W. H. Francis, late of Dakota
Territory, and Jas. L. Bennett, ex-U. S. District Attorney, U. S.
District Judge for the Eastern District of New York, on such com-
mittee, was announced.
The Society adjourned.
ALBERT BACH, President.
CLAilK BELL, Secretary.
CAROLINE J. TAYLOR, Assistant Secretary.
MAY MEETING, 1899.
Medico-Legal Society met in joint session vdth tne Psychological
Section May 17th, 1899, at Hotel St. Andrew, at dinner, vsdth an un-
usually large attendance. After the removal of the cloth, the Med-
ico-Legal Society convened. President Albert Bach in the chair,
Clark Bell secretary, and C. J. Taylor assistant secretary.
The minutes of the April meeting were read and approved.
On recommendation of Executive Committee, Hon. Wm. P. Letch-
worth, of Portageville, N. Y., and Dr. Helen Densmore were duly
elected.
The Treasurer reix)rted that he had received $106.25 in all from his
predecessor and from in. and dues. That he had disbursed $79.26
on orders and that $27 remained in his hands. The report was
received and ordered on file.
The Society then adjourned, and the Psychological Section con-
vened. Vice-chairman Clark Bell in the chair, and Caroline J. Taylor
acting as secretary. The Chairman introduced Judge Simeon E.
Baldwin, of the Supreme Court of Connecticut, who read a paper
entitled "Corporal Punishment for Crime."
The Chairman called President Albert Bach to the chair, while he
read a paper contributing to the discussion of "Corporal Punish-
ment for Crime," and embracing contributions on the same theme
from Chief Justice Lore, of the Supreme Court of Delaware; Chan-
cellor J. B. Nicholson, of the Supreme Court of Delaware; Judge
Ignatius C. Grubb, of the Supreme Bench of Delaware; Insurance
Commissioner Fowler, of Delaware; Chief of Police John L. Dolan.
of Wilmington, Delaware; Sam. D. Davies, Esq., of Richmond, Va.;
R. Carter Scott, of Virginia; A. J. Montague, Attorney General o.
Virginia; Hon. S. Shortall, of Chicago; Z. R. Brockway, Superin-
tendent Elmira Reformatory; District Attorney Kein, of Breslau,
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118 TRANSACTIONS.
Germany; Frank Moss, Esq., ex-Pres. Police Board, New York
City; Judge Clarence A. Meade and Thos. P. Wentworth, of New
York; Hon. W. P. Letchworth, LL. D., Montague B. Leverson, Eeq.,
John G. Williams, Clerk of Circuit Court, Elkton, Md.; Geo. B.
Gaither, Jr., Attorney General of Maryland; H. M. EBOwlton^ At-
torney General of Massachusetts, and others.
Mr. Chairman: — There are hundreds of wife-beaters in the city
of New iork. Eight years ago a brutal husband tore out his wife's
i;yes when beating her. In a letter to the N. Y. World, 1 began the
agitation for the erection of a whipping-post for wife-beaters only.
A bill was presented to the New York JLegislature and the Senate
voted unanimously for its passage, but it was lost in the Assembly
by only three votes. I received nearly one hundred answers to my
letters published in the World from wives who had been beaten
by cowardly husbands. Many poor creatures called to see me in
person. There are a number of good-hearted, inexperienced people
who cry "barbarism" when the wife-beating whipping-post is pro-
posed. Well, which is the greater evidence of civilization, the ex-
istence of thousands of confirmed wife-beaters in New York or the
erection of whipping-posts throughout the State as preventives of
wife-beating? 1 say erect the posts. Their shadows will seem to
the wife-beating cowards like the ghosts of the murdered wives
who have been killed by the knife, pistol aifd club of these terrible
degenerates. The posts will not be erected as much with the in-
tention of punishment as with the idea of prevention. The advo-
cates of the post are convinced that nothing but corporal infliction
will ever restrain the murderous propensities of the inhnmati wife-
beater.
l^ince T. B. Paudian, of India, was introduced, who said:
Mr. President, Ladies and Gentlemen: — 1 thank you for your
courtesy shown to me this evening. 1 think it not advisable to
make a lengthy speech, so late in the night, especially after listen-
ing to the excellent papers on the subject, and to the charming
speeches of the previous speakers; however, one thing strikes me
forcibly, viz: the sufferings of humanity, which is one of the oldest
and far-reaching problems that the human mind has to encounter.
The nature of the suiTerings may be different; there are general
and special causes for these sufferings; when a man fails to observe
the rules of society, he disturbs the peace of society, and that of
his own. For the sake of the happiness of society, and for his own
sake, the law-breaker must be corrected; the house of correction
does not seem to do much good to the wilful criminals, and im
fact the jail sometimes becomes a pleasure palace to them. In such
cases a scientific touch on the body seems to be necessary. Ac-
cording to Thomas Carlyle **we touch heaven when we lay our band
on the human body." No doubt, nothing is holier than the body
of man in high form, and logically, the body becomes a hell in its
low form. Nay, a seventh hell, when it is attached to a whipping-
post. In India the lash is in universal use as a punishment for
petty offences, and in higher crimes there is added stripes to im-
prisonment, especially in second offences.
There it is universally believed to be the best method of punish-
ment for crime — the most efficient, humane and deterrent in its
effect. There is no public sentiment In India against flogging as a
punishment, and I know of no movement for its abolition.
The discussion has been of profound interest to me, and I thank
you all for the opportunity I have had of listening to it.
Mr. Bell then resumed the chair and the paper of Judge Baldwin
Digitized by VjOOQIC
TRANSACTIONS. 119
and the subject wiis still further discussed by Hev. Phebe A. Hana-
ford, R«T. Antoinette Brown Blackwell, Mrs. M. Louise Thomas,
Judge Wentworth, Montague R. Leverson, Esq., M. D., Wilson Mac-
Donald and Price T. B. Paudian, of India. The remarks of the
Tarions speakers appear in our columns.
There was a very large attendance and great interest aroused in
the diflcnsaion.
The Chair announced that the same subject would be discussed
at the annual meeting of the American Society of Physicians and
Surgeons at Chicago, on May 31, praeimo, with the same speakers.
The Section adjourned.
ALBERT BACH, President.
CLARK BELL, Secretary and Vice-Chairman of Section.
CAROLINE J. TAYLOR, Assistant Secretary.
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EDITORIAL.
THE CASE OF MRS MAYBRICK.
At the June meeting of the Medico-I^egal Sodety, held
June 3i8t, 1899, Mr. Clark Bell, Chairman of the Maybrick
Memorial Committee, made the following preliminary report of
progress as to the work of the committee :
To THB Medico-I^bgai. SOCIETY, Fei,i.ows :—
The resolutions adopted by the Medico-I>gal Society, on the
30th of January last, hereto attached, express the general pub-
lic sentiment in this country.
The committee named as a memorial committee, at the tim«
the resolutions were adopted, has been changed slightly. Hon.
L. A. Emery, of the Supreme Bench of Maine, and Hon.
Charles G. Garrison, of the Supreme Bench of New Jersey,
were unable to give the requisite time for a careful examination
of all the evidence, which was voluminous, and were at their
own request excused from serving on the committee, and Hon.
W. H. Frauds, late United States Justice of the Supreme
Court of Dakota Territory, and the Hon. Conway W. Noble,
late Judge of the Common Pleas of Cuyahoga Co., Ohio, were
appointed in thdr stead, and the Hon. Jas. I^. Bennett, tx-
United States District Attorney for the Eastern District of New
York, under President Cleveland, was added to the committee.
It is now composed as follows :
Clark Bdl, Esq., I^I^. D., President International Congress,
and ex-President of the Medico-Legal Sodety, Chairman.
Jas. L. Bennett, ex-United States District Attorney for the
Eastern District of New York.
Abram H. Dailey, ex-Surrogate King's County, and ex-Pres-
ident Medico-Legal Sodety.
A. J. Dittenhoe£fer, ex-Judge New York Common Pleas.
Digitized by VjOOQIC
EDITORIAL. 121
W. H. Francis, ex Justice United States Supreme Court of
Tenitory of Dakota,
Michael J. Hirschberg, Justice Supreme Court State of New
York,
Conway W. Noble, ex-Judge Court of Common Pleas of
Ohio.
Pardon C. Tillinghast, Justice Supreme Court of Rhode
Island.
This committee has Completed the memorial to be presented
to Sir Matthew White Ridley, Home Secretary for Bngland,
and they are collecting the opinions of chemists, toxicologists
and medico legal jurists, who have examined all the evidence in
the case before the magistrate, at the inquest, upon the trial, the
charge of the trial judge, Sir James Pitz James Stephen, and
such of the subsequent evidence laid before the Home Secre-
tary as has been made public, on which they base their opin-
ions upon the case, for the use of the Memdtial Committee, to
be forwarded to the Home Secretary for Bngland in support of
the memorial.
The chairman of the committee, on the completion of the
memorial, asked permission of the President of the United
States to forward it through government channels to the Hon.
Joseph H. Choate, American Ambassador in London, for
presentation.
Col. John Hay, the American Secretary of State, informed
the committee that this request was granted, and the memorial
was sent through the American Secretary of State in May, to
be followed by the later documents and petitions, the form of
which has been approved by the committee.
As many thousands of petitions from Americans have already
been filed with the English Home Secretary, praying for the
rekaae of Mrs. Maybrick, including that of President McEin-
ley, and every member of the Ametican Cabinet, when Mr.
Blaine was Secretary of State, senators of the United States,
and high public officials, the committee decided not ask for or
forward general petitions, as a part of its labor, but to hav^
Digitized by VjOOQIC
122 BDITORIAX.
organizations, members of the Medico- Legal Society who de-
sired to do so, and a few names accompany the papers attached
to the petition, the language of which is as follows :
To THE Gracious and Ii^i^usraious Qubbn op thb Unitbd Kingdom
OP Grbat Britain and IremiNd and Bmprbss op India.
The Petition and earnest request of the tmdersigned citizens of the
United States of America, and others resident therein, on behalf of Pi<OR-
BNcn BuzABBTH Maybrick, a native of the United States, at present
confined under the sentence of penal servitude for life in prison in Eng^
land.
That your Petitioners have always cherished and entertained towards
yourself vrarm feelings of regard and admiration.
That it is their desire that friendship and mutual good feeling should
ever exist between the two great English-speaking Nations.
That they have watched with great interest, the trial of Florence Eliza-
beth Maybrick, their country woman, and the events which have fol-
lowed it ; that they entertain g^ve doubts, shared in, as they believe by
High Authority and by many in England, that the verdict of Guilty
against her was not warranted by the evidence ; that the sentence of
penal servitude for life substituted for the death penalty, was and is being
inflicted, for an o£fence of which she was not proved guilty ; that they
desire to urge with all its force the consideration that the unhappy wo-
man has now suffered the rigor of imprisonment for nearly ten years ;
that they have no desire to impute anything against British Law ; that
they ask with deep respect, and rely with confidence upon the mercy of
the noble Queen of Britain, to exercise the Royal prerogative, so grate-
ful to her own heart, and release the unhappy one, to the arms of her
sorrowing old mother, whose only surviving child she is. And your
petitioners will ever pray that peace and happiness attend you.
The members of the Medico- Legal Society, who wish to at-
tach their names to this petition, can do so on application to
the officers, either of which will gladly furnish a copy for that
purpose.
The Memorial Committee have been authorized by the Ex-
ecutive Committee of the Medico-Legal Society, to take the
views and opinions of prominent jurists, chemists and other
members of the body, in furtherance of the Work and endorse-
ment of the action, and if time permits, the committee will
avail itself of this action, which, however, involves a carefbl
examination of the complete evidence and the judge's charge,
and necessitates delay.
It has been most difficult to obtain copies of the evidence
enough to make its examination possible to the various mem"
Digitized by VjOOQIC
fiDltORIAl.. 123
bersofthe committee so widely scattered, and to jurists and
medico-legal experts. Messrs. Lnmley & Lnmley, of I^n-
don; Mrs. Rlggs, of Liverpool; W. H. S. Monck, of
Dnblin; Mr. Alexander W. MacDougall, of London; The
Baroness de Roqnes, mother of Mrs. Maybrick, now at
Ronen, France; Ida Trafford Bell, Dr. Helen Densmore, Mrs.
Caroline J. Taylor, Mr. Heathcote Hardinge, of London, the
Hon. John Hay, Secretary of State, and Lord Rnssell, of Kil-
loween, are the names of some of the many to whom the com-
mittee are under great obligations for kindly aid and assistance
in securing copies of the evidence, for the use of the committee,
and the others who have examined the same.
The first instalments of additional documents, to accompany
or rather follow the memorial, was sent early in June, and
others during this month. These will be followed later by
others as soon as they can be prepared and arranged for trans-
missiim.
The committee do not feel at liberty, pending the action of
the English Government upon the memorial, to publish any.
part of the text of the memorial, or of the papers sent forward
for the consideration of Her Majesty's Home Secretary, nor
the names of those who have given their opinions upon the
The American Ambassabor, Hon. Joseph H. Choate is giv-
ing this movement his most powerful aid and support.
It is. hoped that this effort, which has the sympathy of
the American Government and people, may be crowned by
At the Annual Dinner of the Medico Legal Society, held
January 30, 1899, Mr. Clark Bell offered the following pream-
Ue and resolution, which were duly seconded and unanimously
adopted:
Wheesas, The Engliah Home Secretary commuted the sentence of
dtatli pfonomiced against Florence E. Maybrick, for the alleged mnrder
of her hiMband, by poison, to imprisonment, daring her Majesty's pleas-
«e lor the alleged reason *' that the evidence did not wholly exclude a
donbl whether his death was in tact caused by the admiiiis-
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124 EDiTORIAt-.
timtion of artenic," which action was upon the advice of the trial judge,
who shared the doubt entertained by the Home Secreta 7, as the reason
for the action, and
WH9RBAS, We believe, that if the jury who tried her, had entertained
the same doubt, as to her guilt of the crime charged as induced the
Home Secretary, to commute the sentence, it would have been their
duty, if properly instructed, under the law of England, to havie acquitted
her OB the trial, as it was their clear duty to have done, upon all the evi-
dence in the case in our opinion, and
Whbrbas, Prom a careful examination of the evidence, it is in our
opinion not only prdbable, but quite certain, that Mr. Maybrick's death,
was not in fact due to arsenic at all, but to other causes, and
Whbrbas, It is the opinion of many British counsel of eminence, who
have carefully examined the evidence upon the trial, among whom is the
J^rd Chief Justice of England, that she was not guilty of the crime for
which she was indicted and tried and should therefore be released, and
Whbrbas, The belief in her innocence of the crime for which she was
tried and condemned, is almost universal among her American country-
men, which belief is shared by a very large number of the people of the
British Islands, where she is and has been for more than nine years con-
fined in an English prison, and
Whbrbas, The request of the President of the United States, who
deems her innocent ot the crime for which she was tried and condemned,
for her release as an act of international comity, has been refused by the
English government, and
Whbrbas, Her long, and as we believe, unjust imprisonment is a
source of irritation in America, and a hindrance to that complete and
hearty feeling of amity and friendship that is felt in the American states
towards England, and which we believe is shared by a large number of
the people of Great Britain, and
Whbrbas, We believe that her release would greatly tend to cement
and establish a more perfect and sincere friendship between the two
countries, therefore be it ^
Resolved, That a committee of seven be named by the Chair, whose
duty it shall be to memorialize Her Majesty, the Queen of England,
through the Home Secretary of Great Britain urging her release, with
power to said committee to call for the signatures of others to petitions,
praying for her pardon and release from her present imprisonment.
The Committee is composed as follows : Clark Bell, Chairman, of the
bar of New York City ; ez-Jndge Conway W. Noble, of the Ohio Com-
mon Pleas; ex Judge Wm. H. Francis, U. S. Supreme Court, Territory
of Dakota; Judge Michael H. Hirschberg, of the Suoreme Court of New
York ; Judge Pardon E. Tillinghast, of the Supreme Conrt of Rhode
Island ; ex-Judge Abram H. Dailey, ot Brooklyn, N. Y.; ex-Judge A.
J. Dittenhoefer, 96 Broadway, New York City, and ex-United States Dis-
trict Attorney Jas. L. Bennett, Eastern District of New York.
In behalf of the committee.
CLARK BELL, Chairman.
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RIGHTS OF AMERICAN GIRLS WHO MARRY
FOREIGNERS.
There is a wide difference in the state of the law of the United
States, as held and administered here, in respect to the qne^ion
of Denationalization and Expatriation, and as held in Great
Britain, and indeed of most of the countries of continental
Enrope. A contrast, drawn between the law, as held in Great
Britain, respecting the question of Nationality and Citizenship,
of an American lady who marries an Englishman and resides
in England, and that held by the American courts, will be of
interest to a large number of American families who have mode
such alliances abroad;
Thjc Law in Gr«at Britain.
By the law of England an English- bom subject owes perpet-
ual allegiance to the British Crown.
Cases are reported in the British Parliament papers where
the rights of a British-bom widow of an American or other for-
eign-bom husband, after the dissolution of their coverture have
been recognized, and held that they have the right to elect to
daim the benefit of their British birth and citizenship, and that
if they did so elect and claim, that they must be treated and
protected by the British government as British subjects.
Notwithstanding the rule of the English common law it was
understood and recognized in England that a British girl, mar-
rying an American or other foreigner, and going with her hus-
band to reside in his country, became by the act of marriage
and foreign residence, a subject of the country of which her
husband was a citizea.
No law, however, was passed upon the subject until the i8lh
day of May, 1870, when Great Britain for the first time dis-
tinctly and legally recogniz'*d the expatriation of a British sub-
ject, by the Naturalization Act passed on that day, recognizing
Digitized by VjOOQIC
126 toiTOiaA'L.
the right of an Knglish-born woman to expatriate herself by
marriage to the subject of a foreign country.
Part I, Section lo, provides as follows : **A married woman
shall be deemed to be a subject of the State of which her hus-
band is, for the time being, a subject ;*' and Part II provides,
''that a British* bom woman may at any time, after her widow-
hood, regain her lost citizensjiip, by complying with the pro-
visions of the act/'
Many, and indeed most, of the continental codes of Europe
contain similar provisions, and the English Rule, as modified
by the naturalization act of May 12th, 1870, is very gener
ally regarded, both in Great Britain and upon the continent, as
their International Law upon the subject.
This act distinctly recognizes the expatriation of a British-
born girl, by marriage to a citizen of a foreign country, resid-
ing abroad, and clearly recognizes the denationalization of the
British subject, without any declaration or renunciation, and
treats the marriage as such an act, on the part* of the wife, as
to terminate her rights as a British subject, and recognizes her
as a subject of her husband's country, if she, on or after marri-
age, goes there to re&ide.
It, however, clearly provides how, after the death of her
husband, by complying with the terms of the act of 1870, she
may again become a British subject, and be restored to all the
rights which the British subject enjoys to the p:ot6Ction of that
government.
The Law in Amsrica.
The law in the United States of America is, under the Amer-
ican Constitution and decisions, quiie different.
By the 14th Amendment to the Coastitution of the United
States, all persons born or naturalized in the United States are
declared citizens of the United States.
While article i, of section 8, paragraph 4, of that instru-
ment, confers upon Congress the power to establish uniform
rules of naturalization, under which power Congress has passed
several acts to carry this paragraph into effect, no act has ever
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EDITORIA1-. 127
been passed by Congpress, either permitting, recognizing or
providing for denationalization.
The Constitution of the United States is absolutely silent on
the subject of expatriation ; but the Supreme Cotut of the
United States, under the powers conferred by the Constitution,
has passed upon the question and decided it , so that it is the
settled law of the country, best stated and summed up by
Chancellor Kent, after an examination of the cases of Qhirak
vs. Chirak lessees, (Wheaton 220), Santissima Trinidad
(Wheaton 283), the charming Betsy (2 Cranch) and other
cases, as follows :
"The better opinion would seem to be that a citizen cannot renounce
bis aUegiance to the United States without permission of the Govern-
ment to t>e declared by Law, and as there is no existing Legi^tive regu-
lation on the case, the Rule of the English common law remains un-
altered."
The principle underlying this opinion was, that under the
Constitution and laws of the United States, the ix)wer to dena-
tionalize a citizen rested in Congress alone ; because only that
department of the government had the power to denationalize ;
and up to the time of the passage of the British naturalization
act of May 12th, 1870, the American Congress had never en-
acted any law, authorizing the expatriation of an American
citizen, by virtue of a foreign marriage ; nor has it since.
It is and has been settled law in the United States of America
that an American woman does not change her nationality by
marrying an alien, and it has been already held, that an alien
woman, who is the wife of a foreigner not a citizen of the
United States, may become an American citizen by naturaliza-
tion, and her husband remain a foreigner, and that this can be
done by her without the consent of her husband.
The line of decisions is unbroken, tbat an American woman
cannot and does not lose her citizenship by ontracting a for-
eign marriage. In Proest vs. Ccunmings, 16 Wendell 616-626,
it was held, Judge Nelson, afterwards Chief Justice of the
United States, writing the opinion, ** that in the act of Con-
gress, known as the Naturalization Act, the words ' any alien,
being a free white person/ included an alien married woman,
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128 EDITORIAL.
and that an alien wife might be naturalized without the consent
of her husband.*'
As an example, the celebrated case of Florence E. Maybrick.
It is clear that, under American law, Mrs. Maybrick never lost
her American citizenship by her intermarriage with Mr. May-
brick. She has always, by our laws and under our Constitu-
tion, remained an American citizen, and has not and could not,
under American law, lose her citizenship.
By the Act of Congress, approved July 27th, 1868, Section
3. it was provided as follows :
'*And be it farther enacted that whensoever it shall be made known
to the President that any citizen of the United States has t)een nn-
jnstly deprived of his liberty, by or under the authority of; a foreign
government, it shall be the duty of the President forthwith to de-
mand of that government the reasons for such imprisonment, and if it
appear wrongful and in violation of the rights of American citizenship,
the President shall forthwith demand the release of such citizen, and if
release so demanded is unreasonably delayed and refused, it shall be the
duty of the President to use such means, not amounting to acts of war, as
he may think necessary to obtain or effect release.'*
It is perhaps not surpri.'iing that our Secretary of State, Mr.
Blaine, in his correspondence with the British government, in
regard to the release of Mrs. Maybrick, being very likely un-
familiar with the law of the United States on the subject, fell
into the error of supposing that the codes of continental Europe
and the statutes and laws of England governed in the cases of
American-bom women marrying British subjects, and that it
did not occur to him to take the advice of the law officers of our
government upon the questions, which have a very peculiar
and extraordinary importance in the United States, from the
fact that so large a number of American-born women have in-
termarried with foreigners whose rights, under the American
Constitution and laws, the American government is bound to
protect under the Act of July 27th, 1868, as above referred to.
There can be not the slightest question under the settled facts
in this case of Mrs. Maybrick, had they occurred to any British
born woman marying here, convicted of a crime and imprisoned
here, after the death of her husband, claiming the interposition of
the British government, and claiming British citizenship, which
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EDITORIAL. 129
daim had been forwarded by the American government to the
British government, and which had obtained the recognition of
the British Parliament or of the officers of the British govern-
ment, as exists in the case of Mrs. Maybrick, these facts wonld
be conceded by Her Majesty's Home Secretary to have estab-
lished the right of her daim to English dtizenship, and under
English law, and that it wonld be impossible to maintain, in that
case, that Mrs. Maybrick was not an American citizen.
She should be so recognized under the Act of May i8th,
1870, even under English law, because from Woking Prison
Mrs. Maybrick addressed a letter to the American Minister,
Mr. Robert Lincoln, in 1892, requesting him to forward it to
the President of the United States, claiming American citizen-
ship, and asking the intercession of the American government
in her behalf. This letter was sent from the prison at Woking
to the English Home Secretary in London. The Home Office
sent it to the Pordgn Office, and this application from Mrs.
Maybrick claiming the intercession of the American govern-
ment in her behalf, was forwarded by the English Home Office
to the American Embassy in London, where it was recdved
and is on file, was replied to, and acted upon by the American
Minister at London ; who wrote Mrs. Maybrick that he had
forwarded a copy of it to the American State Department, at
Washington, on August i6th, 1892 ; and it was the basis of
the later intervention on the part of the American government
offidals. ^
Again, in November, 1894, ^<^« Maybrick addressed a
memorial to the American President, Mr. Cleveland, asking;
the intervention of the American government in her case,
claiming to be an American dtizen, which was acknowledged
by Secretary Uhl in April, 1895, to her, stating that instruc*
tlons had been sent to Mr. Bayard, the American Ambassador;
and this memorial was made the basis of the action of the
House of Representatives, of April 5th, 1896, and resulted in the
mewage of President Cleveland, of April 30th, 1896, which
was a recognition by the American Qovemment and the Ameri*
Digitized by VjOOQIC
130 EDITORIAl-
can Congress of the American citizenship of Mrs. Maybrick.
The American-bom wife of a foreigner, not a citizen of the
United States, residing abroad with her husband, has the right,
tinder American law, to claim her American citizenship.
While this right would probably be denied during coverture,
in England and in many European countries, it still exists un-
der American law.
In Great Britain, under the Act of 1870, the right of restora-
tion under the act could only be invoked after the death of the
husband.
It would be safe to advise every American-bom widow of a
foreigner, to claim her American citizenship, as was done by
Mrs. Maybrick, for its effect upon the question as it related to
the law of the country where her husband had resided, because
by the law of that country, she, having been regarded by the
act of her marriage and residence as a subject of that country,
should make such a record as was done by Mrs. Maybrick in
England. The questions involved are very important. They
are not confined to criminal cases, but they are broad and £eu:-
reaching, and in cases of marriages, rights of children and
property, both in the United States and in all countries with
whose subjects American girls intermarry.
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EDITOMAX. , 181
THE CITIZENSHIP OF MRS. FLORENCE E MAYBRICK
If by her marriage to Mr. James Maybrick her residenoe
with her husband in England made her an English subject,
under the law of England, during his life, she had the right,
under English law, after his death, to claim the restoration of
her Americen citizenship, by claiming it and asking the pro-
tection of her Government.
This she did by several acts, of which the English Foreign
Office had notice and recognized, by forwarding her claims to
the American Minister in I^ndon, and to the American Gov-
ernment at Washington. The message of President Cleveland
to the American Congress and the Resolutions of Congress were
based upon her appeal for the protection of her Government,
upon the claim that she was an American citizen, claiming and
entitled to the protection of her Government.
She has stoutly insisted, since her confinement,
ist. On her innocence of the offence, and
2nd. That she was an American citizen.
And her hopes for release lie wholly through that intervention .
The last statement bearing on this important question is
contained in a letter sent to the Editor of this Journal, by her,
through her mother, the Baroness de Roques, dated June 15,
1899, of which the following is a copy.
Dear Sir: — ^I write to thank yoa for your many kind efforts in my be-
half, and attendance to onr family busineaa. I sincerely hope that you
will allow me to retain your services for my btssiness interests, as well as
my mother's, as they are so closely united. I am, you know, in heart
and feeling an American woman, and deeply grateful, and touched be-
yond the expression of words, at the practical eridence of the sympathy
of the American people. Believe me
Yours sincerely,
FI^ORBNCE E. MAYBRICK,
Cuftx Bszx, BSQ.,
New York, U. a A. " 15th June, 1899.
The memorial for her release, by the Committee of the Medi-
co-Legal Society, is now under the consideration of the English
Home Secretary.
It has been forwarded by the American Government, through
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132 ' BDITORIAX.
the American Ambassador. Hon. Jos. H. Choate, who is press-
ing for her release under the instructions of our Government,
and we know that thousands of her countr3rmen and women
are praying for the success of the efibrt now going forward.
The papers on which the release is asked it would not be
proper to give, but the foct of her American citizenship, and
that she has sought the interference of her Government as
such, is known to all the world, and will not, we think, be
questioned by the English Government, under the provisions
of the English law upon the subject, which is so widely at
variance with our law.
THE INVESTIGATION OF MR. GERRY'S SOCIETY.
Without forestalling the Report of Mr. Albert Stickey, in a
proceeding wholly unique, and in the absence of the chief ac-
cuser, Mr. Wm. Rhinelander Stewart, President of the State
Board of Chariti^, what has already occurred produces results
little expected at the outset —
PuBuc Subsidies to Private Charitable Associations.
Comptroller Bird S. Coler is conducting an investigation as to
the $30,000 paid Mr. Gerry's Society, and other private organ-
izations, through a committee named by the Charity Organiza-
tion Society, composed of Robert W, deForest, Charles F. Cox
and Edward T. Devine, whose report appears in ChariHts^ with
communications from a large number of men in various Ameri-
can cities* which are of great public interest. We enclose
some of the communications :
Charles R. Henderson, President of the National Conference of Chari-
ties and corrections, held in Cincinnati this year writes: " I am abso-
lutely opposed to supporting, partly or wholly, private institutions firam
public funds, as city, state, or nation.*'
Prof. John R. Commons, New York City, formerly of S3rracuse Univer-
sity, writes : " Answering your inquiry of recent date I would say tiiat
in my opinion the practice of public subsidies for private charities is not
to be commended. I should say that the subsidy system is most injuri*
ous in the case of children's institutions, because it stands in the way of
modem approved methods of dealing with children^-and the ittjmiy is
Digitized by VjOOQIC
torroRiAlL 138
aerions to the aMiiiniitiity at large than in the caae of institutknia
for adnlta.*'
Prof. John Graham Brooks, lecturer on economic and iodal topics,
writes: "That the giving of public money to the unweeded mats of
private charities is a dismal fiiilnre, is clear enough, and two-thirds of it
OQght clearly to be stopped at the earliest posrible date. ' '
Prof. Henry W. Parnam, of Yale University, writes : "On general
principles I leel strongly opposed to the practice of supporting so-called
private charities from public funds. A charity which is supported by
taxation ceases, in my judgment, to that extent to be a real charily.*'
Bmest P. Bicknell, General Superintendent Bureau of Associated Char-
itiet, Chicago, HI., writes : " Replying to your inquiry of the 33rd inst.,
concerning the apportionment of city money to private charitable insti-
tutions, would say that in my opinion the only safe rule is to give public
money only to public institutions.''
Fked. H. Wines, Assistant Director Twelfth Census, Washington, D«
C, writes : "In reply to your letter of May 23, I think it is very well
known by every one who has ever read or heard any of my public utter-
ances on the question, that I do not believe in subsidies firom the public
tressury to private charities.*'
Other opinions against the giving of public money to private charities
are by Robert Treat Paine of Boston, James B, Reynolds of this city.
Miss Julia C ]>throp of Hull House, Chicago ; Miss Zilpha D. Smith,
General Secretary of the Associated Charities of Boston, and Prof. Charles
H. Cooley of the University of Michigan.
TUs Report exposes the vice of the present system in New
York City:
** The Committee does not recommend a sudden or reckless change of
system, but believes that the work of change must be accomplished grad-
ually. It recommends that the city should not make appropriations to
pay for investigations in Police Magistrates' courts conducted by private
societies ; that appropriations to foundling asylums and to children's in-
stitutions should be upon a per capita and per diem basis, and that in-
mates should be accepted by the Department of Charities in advance of
payment by the city ; that the per capita rate should certainly not exoeed
and should preferably be less than the cost of similar care for the same
dass of dependents in public institutions of the Department of Charities
(Mr. Gerry's society's rate exceeds the rate of other institutions by almost
100 per cent ); and that each institution should file with the Comptroller
an audited statement of receipts and expenditures." The report further
says:
' " In condnsion we beg to urge strongly the necessity of regarding the
present exceptional and eidiorbitant amount of money appropriated to
private charities as a maximum, and of effecting a very considerable de-
cresse in the amount of each ensuing year."
Whether Mr. Stewart will decide to conduct an earnest in-
tcfltigatkm of Mr. Gerry's Society, on his return, remains to
be seen.
Digitized by VjOOQIC
134 8D1TORIA1*.
The special legisUttion which has been obtained In relation
to Mr. Gerry's Society, will, when it comes to public notice,
occasion more criticism, especially in what rights he claims to
exercise in criminal cases, in making arrests and in interfering,
if he chooses, with the District Attorney, even in the conduct
of criminal trials, where his society has been connected with the
charge.
It would have been wiser to have summoned Mr. Stewart
before the Commissioner, and to have awaited his return for
that purpose. The State Board of Charities, however, can
carry on the investigation under the authority of the present
law, and the inquiry, as thus far conducted, will be productive
of public good.
THE CASE OF DREYFUS.
The most notable recent event, on which the eyes of all the
world have been concentrated, is the practical unanimity with
which the court of last resort in France has directed a new trial
for this officer, so long imprisoned and suffering a punishment,
the severity ot which is quite •unparalleled. The conviction
being the result of a military trial in which the honor, so called,
of officers of high standing in the French army was invdved,
the race question, the religious feeling, and the French attach-
ment to the honor of the army, were obstacles in the way of
revision of the sentence, which have been well-nigh insur-
mountable. It is something beyond and beneath all, that has
triumphed* It is the eternal principle of justice. The Court
of Cassation has demonstrated that the honor of France was at
stake, and that it was safe in the hands of its highest judicial
tribunal.
The decision of the Court will command the respect of man-
kind. It will rehabiliate and strengthen confidence in a court
which has ignored the clamor of the mob, the danger of inter-
nal revolution, the hatred of the Jew, and in the name of jus-
tice added new lustre to the ancient glory of France.
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fiDtTOklAl. 136
THB PARIS INTERNATIONAL CONGRESS OF 1900,
The work oh the organization of the several Congresses of
1900 is going forward. The world at large will take apart in
this Exposition, which will be supported by and worthy of the
French government and people. The Auxiliary Committee
we have been requested to organise, in the domain of Medical
Jurisprudence, we hope to announce soon.
Great care and pains will be taken in its organization, and
members desiring to participate, will please send names and
titles of papers they will contribute, to the Editor of this Jour-
nal, as early as possible, so that they may be noticed and an-
nounced in the Paris preliminary programmes.
THE AMERICAN MICROSCOPICAL SOCIETY.
The Annual Meeting will be held, this year, at Columbus,
Ohio, in the new 3iological Hall of the Ohio State University,
on the 17th, 1 8th and 19th of August. An attractive pro-
gramme is expected. The officers for this year are as follows :
»Dr. William C. Krauss, President, Buflfialo, N. Y.; Henry B,
Ward, Secretary, Lincoln, Neb.; Magnus Pflaum, Treasurer,
Pittsburg, Pa.
THE NEW YORK STATE BAR ASSOCIATION.
The Annual Report of the State Bar Association for 1899 is
out and is embellished with half-tone portraits of the fifteen ex-
Presidents of that body.
The volume also includes the fine address of Judge Oliver
Wendell Holmes, of the Supreme Judicial Court of Massachu-
acits, pronounced at the last annual meeting and entitled "Law
in Science and Science in Law." Walter S. Logan, Esq , is
the President for the current year, and the report is a credit to
the Committee on Publication.
Digitized by VjOOQIC
136 EDITORIAL.
THE AMERICAN INSTITUTE OF PHRBNOLCXJY,
Mrs. Chatlotte Fowler Wells, President, in-
corporated in 1866, opens its next session on
September 5th of this year. For pro^iectns
send (free on application) to the Secretary, care
of Fowler & Wells Co., 27 Bast 2fst Street,
New York.
THE INTERNATIONAL CONGRESS OF CRIMINAL
ANTHROPOLOGY.
This Congress will be held at the Hagne in Angnst next.
PERSONAL.
T. B. Proctor, Esq., the Secretary of the Stote Bar Asso-
ciation, is engaged in writing a History of the New York State
Bar Association, which will embrace nearly a quarter of a cen-
tury since its organization twenty-two years ago. There is no
. man in the Bar of the State better qualified for such a work
than Mr. Proctor.
Judge Haight, of the Court of Appeals, has been made the
special object of assault by the testimony of Mr. M. L. Lock-
wood, of Pennsylvania, before the Industrial Commission in
Washington.
Judge Haight has the full confidence of the Bar of the State,
and he has maintained the highest character in the past* He
has treated this charge with that silent contempt which it mer-
its, until a specific charge is made and proof adduced.
Slanders upon the judiciary are becoming rife, and should
not receive the approval of the profession.
Governor-Gbnbrai« Davis, of Porto Rico, has established,
by military order, a Supreme Court for that island, naming B.
C. Pettingill as presiding Judge of that body, with two army
Digitized by'VjOOQlC
EDITORIAL. 137
I
officers as Associate Judges and J. M. Keedy, Attorney Gen-
eral.
Thb following compose the newly constituted Supreme Court
recently established at Havana, for Cuba : President, Antonio
Gonzales Mendoza. Associate Justices : Dr. I^uis Esterez Y.
Romero, Senors Budaldo Tamayo, Rafael Cruz Perez, Jose
Garcia Moritz, Pedro Gonzales Uorente, Angel C. Betancourt,
with Frederick Mora, Attorney General.
Wb notice among the adjunct Professors of the Albany Med-
ical College the names of G. Alder Blumer, M. D., on Insanity;
Andrew MacFarlane, M. D., on Medical Jurisprudence, and
Clinton Bradford Hemet, M. D., on Railway Surgery.
Kx-JUDGB Wm. L. lyBARNBD and Hon. Simon W. Rosbn-
DAi^ are President and Vice-President of the Board of Trustees
of the Albany Medical College.
Mr. H. S. WBI.I.COMB, ofthe firm of Burroughs, Wellcome &
Co., of London, has received complimentary notices from the
I^ondon press for the successful inauguration, at Dartford, of a
aub, named after him, "The Wellcome Club," for the em-
ployees of the firm. The inauguration was a great success,
about iioo guests and employees being in attendance. Mr.
Wellcome is one of the most enterprising of the resident Amer-
ican colony in London, and his many friends in America will
be glad to see the friendly notices of his praise ?7orthy and
philanthropic efibrts for the benefit of the employees of his
firm.
Dr. G. E. Shuttlbworth, of London, has been reap-
pdnted one of the Examiners of Defective Children, by the
London School Board.
CuutK Untvbrsity, of Worcester, Mass., has invited Prof.
Angelo Morso to deliver a lecture at its approaching celebra-
tion, in honor of its foundation, on ihe subject of " The Psychic
Process and Movement,*^
WiuiAu Ambrosb, Esq., Queen's Counsel, has received
Digitized by VjOOQIC
188 EDlTOlaAl-.
the appointment to the vacancy, in England, as a Master in
I^unacy. He has been Qneen's Counsel since 1874, and Attor-
ney General of the Duchy of I^ncaster from 1895.
His appointment gives satisfiu:tion to the Bnglish press, and
his long and varied experience, and eminent qualifications,
qualify him for the position. He introduced a bill in Parlia-
ment, recently, to make by implication the act of proving a
crime.
Bari, Wai^dbgravb has been appointed an Honorary Com-
missioner in lyunacy, in place of I«ord Hathetton, resigned.
J. MacPhbrson, M. D., has been appointed Commissioner
in lyunacy for Scotland, in place of Dr. Sibbald, resigned.
R. W. Branthwaitb, M. D., has been appointed Inspector
of Inebriate Institutions under the new English Inebriate Act.
Sir Jahbs Chrichton Brownb has been elected President
of ''The Asylum Workers Association" in England.
Dr. a. R. Urquhart is the President of the Medico-Psy-
chological Association of Great Britain. He is one of the
editors of the Jotunal of Mental Science, and Superintendent of
the Hospital for the Insane at Perth, Scotland.
Dr. Wm. Oranob of I^ondon, W. H. S. Monck, Esq , of
Dublin, and Dr. Havbm>ck Bi^US of London, go on to our
Editorial Staff as Associate Editors. All of these have been
co-laborers in our work in the past.
NECROLOGY.
Norman Kbrr, M. D. — ^The death of Norman Kerr, of
lyondon, removes the foremost man in the domain of ' 'Inebrufy^ *
and its relation to crime, in Great Britain if not in the world.
His life has been devoted to this work, and his death leaves a
vacancy in this field of labor not easily filled.
He has fought a fight in the cause of the inebriate and hi3
Digitized by VjOOQIC
EDITORIAL. 139
rights and their recognition against the old ban of the English
law, that, without him, could never have been won ; his
example, his faith and his victories, there in England, have en-
couraged and stimulated us, here in America, and our gain
and advance has been largely due to the spljendid work of Nor-
man Kerr, which wrought a silent revolution in the judicial
mind of England, and the attitude and charges of English
judges to the juries in criminal cases, where homicides had
been committed by inebriates.
His £une, which goes out with the century in which he lived
and acted, will be one oi the most luminous of all the men of
genius in Great Britain, or indeed among mankind, who have
carried forwBxd the work of advancing the cause of Inebriety
and Alcoholism, and in securing the rights of the inebriate and
their recognition before the law.
Upon his grave it could be truthfully written, as largely due
to his labors that : "Inebriety is a disease, and should be so
regarded before the law, and treated as such by medical men."
Dr. Kerr*s work on "Inebriety" is a classic, and is the
standard authority in both professions of I^aw and Medicine,
on both sides of the Atlantic, and he was one of the ablest
medico legal jurists, upon the questions involved in the re-
sponsibility of the confirmed inebriate before the law, that the
medical profession has ever produced.
He was one of the Vice-Presidents of the Intemi^tional Med-
co-Legal Congress of 1889, of 1893 and of 1895.
For many years his honored name has been on our list ot
Associate Editors of this Journal, whose pages have been en-
riched by his gifted pen. His death is a personal afOiiction and
bereavement to the Editor of this Journal, and his warm friend-
ship and splendid aid, for many years, in the work of Forensic
Medicine in this domain, has made his death felt most keenly.
His confreres in all lands will receive the announcement of his
death as an irreparable loss.
He told me in London, last summer, that his health was
friling and his end near, but it did not seem so near, and it is
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140 fiDlTOKIAt.
now a shock when the summons came to lay down the pen and
sleep the eternal sleep.
W. W. Godding, M. D.— Among the ablest of American
Alienists, Dr. W. W. Godding* for many years Superintendent
of the Government Hospital for the Insane, has passed to his
reward since our last issue.
He has been long and intimately associated with the work of
the Medico-Legal Society, and has been closely identified with
the progress of the medical jurisprudence of insanity in the
United States. He had a great love for his work, and held a
high position among his associates of American Superintend-
ents of American Hospitals for the Insane.
His charm of manner and his great gifts in his profession,
endeared him to a wide circle of personal friends, and it will be
difficult for the President to find a successor who will fill the
place sui sucoessfully and creditably as has Dr. Godding.
Sir John Nugbnt, Inspector of Lunatic Asylums for Ire-
land for the last forty-two years, died in London January 26th,
1899, at the advanced age of 94 years.
He was the physician of Daniel O'Connell, and an intimate
fiiend of the poet Tom Moore.
Dr. John Haybai^i, Paui,, P, R. C. P. Edin., M. R. C. P.
Lond., F. R. C. S. Bng.,vSO many years the esteemed Treas-
urer of the British Medico-Psychological Association, died Jan-
uary 29th, 1899, in his 84th year.
Dr. Jabbz Hogo, of London, who died recently in London,
at an advanced age, has been for many years closely identified
with the work and labors of the Medico-Legal Society, of
which he was a corresponding member, He was a frequent
contributor to the Journal. He was universally esteemed and
respected, and his death at the dose of a long and useful life,
will be mourned by a large circle of friends. He leaves a
widow and fiimily, and his son, Dr. — Hogg, succeeds to his
practice.
Digitized by VjOOQIC
EDITORIA-L. 141
Thb list of our members and co- laborers who have died since
our last issue is too large to be included in this number, and
will be concluded in our next.
Death has been unusually active in our ranks in the closing
year of the century.
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RECENT LEGAL DECISIONS.
May an Unlicenced Physician Testify as a Medical
Expert ? — In the case of People v. Rice the defendant had
been convicted of murder in the first degree.
The New York Court of Appeals, in passing upon this
question, uses the following language, Chief Justice Allen B.
Parker writing the opinion :
"A Aer a careful consideration of the subject we have reached the conclu-
sion that, if a man be in reality an expert upon any given subject belonging
to the domain of medicine, his opinion may be received by the court, al-
though he has not a license to practice medicine. But such testimony should
be received with great caution, and only after the trial court has become
fully satisfied that, upon the subject as to which the witness is called fin*
the purpose of giving an opinion, he is fully competent to speak.
It has frequently been held that a duly licensed physician
may give opinion evidence although he is not practicing his
profession at the time when he testifies.
The question is novel. The real points decided are, that
mere license to practice, or the possession of a certificate of
graduation in a medical college, does not show, in itself, that
a man is a medical expert.
The witness must be shown, to the satisfaction of the court,
to be an expert upon the subject of the inquiry.
A man may be a graduate of a medical college and not have
had any knowledge of insanity, cases of poisoning, or any of
the special subjects involved in the inquiry. He should not
be permitted to express an opinion as an expert, unless he is
shown to be an expert, of which his certificate is not sufficient
evidence.
A man may have had a large experience in toxicology, in
insanity, and in many special subjects, who has no medical
degree. He wotild be a competent expert, while the medical
man with the degree of M. D. without the special experience
and knowledge would not.
The Limit op Fbss to Counsei* Assigned in Criaonai, Cases in
New York.— Before the amendment of the Code of 1893, counsel as-
signed to defend a prisoner were obliged to do so without compensation.
The later amendments provided that the coart, when an accused is wholly
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EDITORIAX. 143
dettitnte of means to defend, may aasign cotintel and provide for per-
sonal aad incidental expenses and reasonable compensation for services,
not to exceed $500 in capital cases.
Mr. Justice Gildersleeve has recently decided that this I500 must cover
all services, the trial as well as on the appeal.
The Appellate Division in the Second Department has held that I500 is
the limit of the allowances which can be made in snch cases, no matter
how many counsel are assigned.
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MEDICO-LEGAL SURGERY.
ASSOCIATB EDITORS.
Medical, LegaL
Granville P. Conn, M. D., Concord, N. H. Clarence A. Lightner, Esq.. Detroit, Mich.
R. Harvey Reed, M. D.. Wyominj?. Judge Wm. H. Francis, New York.
Nicholas Senn, M. D., Chicaj^o, 111. Prof. A. P. Grinnell, H. D., Burlington, Vt.
Webb J. Kelley, M. D., Galion, Ohio.
This department is conducted as the orgjan of the Section of
the Medical Jurisprudence of Surgery of the Medico-I^al So-
ciety. Its officers for 1899 are as follows :
Chairman,
Clark Bell, Esq.. of New York.
LEGAL, Viu-Ckairmen. SURGICAL, rice-Chairmen.
Judge John P. Dillon, of New York. Ch. Surg W. A. Adams, of Ft. Worth. Tex.
Judge W. H. Francis, of New York. Ch. Surg. F. H. Caldwell.M. D., of FU.
Hon. J. W. Fellows, of N. H. Chief Surg. Chas. K. Cole, M.D.,of MonUna.
Hon. W. C. Howell, of Iowa. Surgeon Geo. Chaffee, M. D., of Brooklyn.
Judge A. t,. Palmer, of N. B. Ch. Surg. B. F. Bads, M. D., of Texas.
Prof. A. P. Grinnell, M. D., of Vermont. Hon. A. R. Parmenter, of Troy. N. Y.
Hon. George R. Peck, of niinois. Ch. Surg. John E. Owen. M. D.,of Chicago.
Hon. J. M. Thurston, of Nebraska. Surg. Gen. R. Harv^ Reed, M. D.. of Wy.
Judge Abraham H. Daily. Brookljm, N. Y. Surg. Gen. Nicholas Senn, M. D.. of 111.
Hon. Allen Zollers, of Indiana. Ch. Surg. S. S. Thome, M. D., of Ohio.
Secretary. TVeasurer.
Clark Bell, Esq., 39 Broadway, N. Y. Judge Wm. H. Francis, New York City.
39 Broadway, N. Y.
Executive Committee.
Clark Bell, Esq., Chairman.
Ch. Sur. Granville P. Conn, M. D..ofN. H. Judge A. H. Dailey, of New York.
Surg. Thomas DarlinsTton, M. D., of N. Y. Ch. Surg. W. B. Outten, M. D., of Missouri.
L. S. Gilbert, F^., Pittsburg, Pa. Sur.R.S.Parkhill.M.D..of Hornelsvillt.N.Y.
Ex-Ch. Sur. Geo. Goodfellow, M. D., Cal. Sur. Fayette H. Peck, M. D., of Utica. N. Y.
Surgeon J. N. Hall, of Denver. Colo. Ch. Surg. F. A. Stillings, M. D., of N. H.
Chief Surg. A. C. Scott, M. D., of Texas.
To Railway Surgeons and Railway Counsel :
We take occasion to advise you to unite with the Section of
Medico- Legal Surgery, which can now be done by an* annual
subscription of $1.50, entitling each member to the Medico-
Legal Journal free.
G. P. CONN. M, D., ABRAM H. DAILEY,
Ex-Chairman Section Med.-Leg. Surgery. Ex-President Medico-Legal Society of New
York.
SAMUEL S. THORN. M. D , J. B. MURDOCH. M. D..
Chief Surgeon T., St. L. (Sf K. C Railway Surgeon and Ex-President National Asso-
Co., Ex-President National Association ciation of Railway Surgeons.
Railway Surgeons. r HARVEY REED, M. D..
R. S. H ARNDEN, M. D. , Surgeon General of State of Wyoming,
Ex-President New York StaU y^wocia/fbwHUBBARD W. MITCHEL, M. D.,
Railway Surgeons. Ex-President EricEx-President Medico-Legal Society of New
Railway Surgeons. York.
Members of the Section on Medical-I^gal Surgery who have
not remitted their annual subscription to the Section, will please
send same to Judge Wm. H. Francis, No. 39 Broadway, N.
Y., and members will please not confound the Section Dues
with the Annual Dues of the Society, which should be remitted
to Dr. Thomas Darlington, Treasurer, Kingsbrldge, New York
City, or to the Secretaries Members of the Society or Section
will please propose names for membership in this Section.
It is proposed that members of the Society and Section each
donate one bound volume annually to the Library of the Med-
ico-Legal Society, by action of the Executive Committee.
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MEDICO-LEGAL SURGERY.
Surgeon General Sternberg has recommended that Port
Bayard, N. M., be set aside for the treatment of army con-
snmptives, und has taken steps to withdraw the troops there,
and equip the post for hospital service.
He will assign a competent corps of surgeong for this post,
but no medicinal system will be prescribed beyond that
now existing, jthe strongest reliance being placed on the bene-
ficial effects of the climate.
Patients suffering from consumption in the Soldiers* Home,
near Washington, will be transferred there.
Secretary Alger has approved of the recommendations and
contemplated action.
THE 13TH INTERNATIONAL MEDICAL CONGRESS,
PARIS, 1900.
This body will meet August 2 to 9, 1900. It announces 23
sections.
Surgical science is under the third classification, and con-
sists of seven sections.
The fifth and last classification of the Congress is entitled
Public Medicine, and comprises Forensic Medicine as the 22d
section, under the presidency of Prof. Brouardel, and its sec-
retary is Dr. Motet, 161 Rue de Charonne, Paris, the General
Secretary of the Medico-Legal Society of Prance. The de-
tails of the preliminary programme of this section appeared in
our March number.
The 23d section is devoted to Medico-Legal Surgery, and
especially Military Surgery. The President of this section is
Dr. Dujardin-Beaumetz, and the Secretary is Dr. Chatteau,
whose address is care of the Minister of War, Paris.
There is a sub-sction on Military Surgery, of which Dr.
Chauvel, 51 ^ Boulevard Latour, Mauborg, Paris, is Presi-
dent. Habort, of Austria, and Lagarde, of the United States,
will report on the lesions produced by small bore bullets, six
mfflmetrea being the maximum size. Demosthene, of Rou-
Digitized by VjOOQIC
146 MBDICOOBGAI. SURGBRV.
mania, and Geisster, of Germany, will report on the lesions of
artillery projectiles. Bischer, of Switzerland, on field hospi-
tal treatment of gunshot wonnds.
T)iis section asks for contributions from medical men who
have taken part in recent wars, and all members of the So-
ciety who have had military service are requested to send their
names and titles of papers to the chairman of the Section on
Medico- Legal Surgery, to be forwarded to the officers of this
section. Gen. N. Senn, Major Geo. Goodfellow, Col. Havard,
and all other surgeons who have served in Cuba, or in any of
our regiments, or in the hospital service of the army or navy,
are invited to contribute to this section.
If contributions are offered the Section on Medico-Legal
Surgery of the Medico Legal Society will be represented, as
well on military and naval surgery as in railway surgery, for
which, as yet, no department has been assigned in section 23,
but it could be embraced or represented under section 22, when
the organization of that section is completed.
Bvery railway surgeon who will contribute a paper for this
department, is invited to send his name and the title of his
paper to the editor of this Journal, who is chairman of the Sec-
tion on Medico-Legal Surgery, or to the secretaries at Paris
direct if he prefers.
Dr. Cuneo is President and Dr. Lanier is Secretary of a sub-
section on Naval Surgery. Their address is care of the Min-
ister of Marine. Surgeon Fontaine will report on care of
wounded aboard ship in action; Surgeon Busch on hospital
ships.
As we have fitted out the finest hospital ships in the world,
for our Manila expeditions, it is hoped that some of our mem-
bers will make reports on these for that Congress.
INTERNATIONAL ASSOCIATION OF RAILWAY
SURGEONS.
At the annual meeting of this body, recently held at Rich-
mond, Va., we are informed that the following officers were
elected : President, Surgeon A. I. Bouffleur, of Chicago; L.
J. Mitchell M. D., of Chicago; E. R. Lewis, M. D., of
Kansas City; and that St. Paul was suggested as the next place
of meeting.
Digitized by VjOOQIC
MitDICO-tBOAI. SURGBRV. 147
We have seen no program or notice of this meeting in any
Journal, and none in the ** Railway Surgeon,'* the organ of the
Society.
A NEW PRACTICAI, PI^AN OF FRATERNAL INSUR-
ANCE. KNIGHTS OF THE REI> CROSS.
In fraternal insurance a plan has been devised by which the
cost can be permently kept at a low rate.
This plan is the one now operated by the "Knights of the
Red Cross."
This Order provides for every contingency of life. It takes
care of yon in sickness, in accident and in misfortune, and at
yonr death it takes care of your fiamily.
This order was chartered under the laws of the state of New
York, January 27th, 1898. The following list of officers is a
guarantee that every pledge made will be fidthfally carried out:
Hon. Alonzo Cornell, Supreme Commander; Major Wm. H.
Romer, Supreme Vice* Commander; Chas. M. Erwin, Supreme
Recorder; Hon. James Gilfillan, Supreme Treasurer; Elmer A.
Miller, M. D., Supreme Medical Examiner.
At the annual meeting, held January loth, Major Wm. H.
Romer was selected for the position of Supreme Vice-Com-
mander and Supreme Master ot the Work, and under his ener-
getic management the Order is making rapid progress.
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JOURNALS AND BOOKS.
Lbgai, Dbcisions Apfscting Physicians, Dentists, Druggists and
PUBUC Hbai,Th. By W. A. PfuTington, Eaq. E. B. Treat & Co., New
York. 1899.
Mr. W. A. Purrington has devoted much of his time to a atndj of the
law, as related to the practice of physidaiiB, dentists and pharmacists,
and is especiallj qualified to write the work he has presented.
His small work is a brief review of the law on these subjects, with a
reference to the decisions of the courts, and their place in the reports.
The work is valuable to both professions as a reference of cases decided.
He has added a chapter in the nature of a Brief for the prosecution of
unlicensed practitioners of medicine, dentistry or pharmacy.
It collates the decisions on each branch of the law, in this class of
cases, and gives a reference to where they can be found, and to what
thev relate.
lliere is slso a supplsment to the work, which contains the writer's
views on " Christian Science and the Law, and Manslaughter," which
contains references to the leading cases and decisions of the courts relat-
ing to these cases.
<*Thk Nbwbr Rbmbdiss." By Virgil Coblentz, A. M., Pharm., Phila.
P. Blakiston's Son & Co., Philadelphia, 1899.
The publisher of this work has brought out a third edition, which
stands high among pharmacists, bringioR out the later and newer reme-
dies whicm are now attracting the attentK>n of physicians.
Prof. Coblentz stands deservedly high as an authority, and we know of
nomorereliablesourceofinformation to the profession than this work.
It costs |i.oo only.
Thk Nbcbssity for Criminai, Appsai^ as Ii,t«u8Tratbd in ths
Maybrick Casb. Edited by J. H. Levy, Esq. P. S. King & Son.,
London. 1899.
This work was announced several years asp by the present publishers,
and has been anxiously expected. Its publication was understood, sev-
eral years since, to have been provided for by the Engli^ Personal Rights
Association, who have taken a deep interest in the release of Mrs. May-
brick.
Its chief interest and importance was due to the foct, ss announced,
that it would furnish a complete copy of the iKvidence in the case and
the chaige of the trial Judge, of which no copies had been published,
and which could onlj be found in the journals of the era of the trial,
some of which contained v^ full and accurate reports.
Lumly & Lumley, Solicitors of London, had eminent counsel prepare
a careful copy of this evidence, given before the Magistrate at the Coro-
ner's inquest and on the trial, for use of counsel, on which to base an
opinion, but this was private and never published, and practically inac-
cessible. The present work contains the evidence on me trial, and the
charge, but for a wonder does not contain the evidence before the Magis-
trate or at the Coroner's inquest. The work of Mr. Alex. W. McDougpsll,
a Barrister of London, (out of print) contains the most reliable account
of the whole proceeding, heretofore attainable, and was, while not a
consecutive statement of the evidence, on the whole generally accepted
as quite accurate.
The Editor gives the credit of the chapters of the book, outside the
evidence and charge, to eminent legal gentlemen whose names he does
not give, who, he says, prefer that their names be not mentioned, but
the' work shows great care and research, and the evidence subsequent to
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JOURNA13 AKD BOOKS. . 149
the trial is given from the record so &r as the same has been fornishedbj
the Home Office to the general public.
The work is divided into two volumes, the second of which is devoted to
" The Reparation of Judicial Errors ^
In this contributions from foreign writers are collated, as to methods of
review in criminal cases.
Max J. Kohler, Esq., late Assistant pistrict Attorney of New York
City, writes an interesting resume of the methods of criminal appeals in
America.
Recorder C H. Hopwood, of Liverpool, writes an able argument for
criminal appeal in England,
Monsieur Y. Guyot writes as to the French system ; R. P. Kraft of the
German method of procedure.
Signor Autigono Danati, for Italy ; Franz F. Melhuus, for Norway ;
J. B. GreenfieM de Mello, for Portugal, and Henry Decugis, for Switz-
erland.
Had this work been brought out a year or two earlier, it would have been
agpreat benefit and aid to the efibrts made in the case of Mrs. Maybrick.
If it had come out even si^ months earlier, it would have been very ac-
ceptable to the members of the Memorial Committee of the Medico-Legal
Society, to enable members residing in different localities to read uie
evidence on the trial and the charge to the jury, before they could act
intelligently on the whole case.
It, iKTwever, appears when it will no doubt be useful, in aid of the
Memorial and e^rts now being pressed upon the attention of the Eng-
lish Home Office, b^ the American Ambassador, Mr. Choate, with the
approval of the American Government, on the papers forwarded by the
Ccmimittee of the Medico-Legal Society.
This work has a carefidly written review from an able pen, in the cur-
rent number of The Reformer ^ from which we make some selections with
a r^^ret that our space forbids its productiouventire. The writer says :
'* F6r various reasons—unnecessary to detail— we did not, in i8^, fol>
low the proceedings against Mrs. Maybrick with sufficient care or sufficient
interest to enable us to form any definite opinion on the case. She was
charged with the wilful murder of her husband, she was found guilty, and
we assumed therefore that she was guilty. We admit that we were not
justified in such an assumption, for we have the poorest possible opinion
of the competence of the ordinary irresponsible English jury. It Is true
also that we heard that the present Lora Chief Justice liad expressed his
entire belief in Mrs. Maybrick 's innocence ; but in our view, that opinion
was largely discounted by the fact that Sir Charles Russell had been Mrs.
Mavbrick's counsel. One point, however, has always weighed strongly
witn us in support of those who have so unweariedly pleaded for a recon-
sideration of her case, and that is the fact that the judge who tried it was,
at the time of the trial, undoubtedly in a failing state of mental health.
** From this it will be gathered that we came to the study of the case —
as now presented in the book before us fwhiehgives the whole of the
evidence both at and before the trial, with the subsequent affidavits to
the three successive Home Secretaries) — with a fairly open mind. If, on
the one hand, we admit an initial prejudice against Mrs. Maybrick, on
the other hand we were quite ready to see that there was a strong possi-
bilitv of injustice arising out of the judge's impaired mental condition.
We miply no disparagement whatever of Mr. Justice Stephen, whom we
have long held in the highest admiration. We know him to have been
remarkably able, although a hard, man, and we believe him to have been
an etsentiiu)yjnst judge who would not sv^rve a hair's breadth from the
path of strict justice. In this case his summing up was confused to the
hat d^pnee ; m order to understand him we had several times to turn
back and read again the evidence to which he was referring (a feat im-
potsible to the jury); his dates were inaccurate, his notes inaccurate, his
repetitions bewildering. He moreover used against the prisoner docn-
BKnts that had not been proved in evidence. " We quote lurther :
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150 JO0RNAI«S AND BOOKS.
<* It wiU be remembered that Mtt. Majbrick was charged with the wU-
fiil murder of her husband by means of poison administered by her. On
the evidence alone — even without the additional evidence in her favor
•applied by snbseqnent affidavits— we &il to find it proved either (i) that
Mr. Maybrick died of arienical poisoning or (2) that Mrs. Maybri^ ad-
ministered arsenic with intent to poison. As the Home Office has also
agreed that there is reasonable doubt on the first point, and on that
gronnd commuted the capital sentence, we may assume that there is
good ground for that doubt, although the jury in their anxiety to set rid
of the case did not allow it to weigh witb them. I use this ezpresSon in
reference to the jury deliberately, for the case was admittedly a complex
one (Sir Matthew White Ridley spoke of it as known to be ' a verv diffi-
cult case ' ) . and yet the jury took only thirty-five minutes to consiaer the
evidence giveii for and against the prisoner, the ex parte statement made
on either side, the conflicting testimony of the expert witnesses, the
remarkable statement made under most difficult drcumstances by the
prisoner, the summing-up of the judge— matter which had occupied their
time, if not their attention, for seven days." We quote further :
" The evidence showed Mr. Maybrick to have been a man accustomed
to dosing himself with poisonous drugs, not only with arsenic but also
with strychnine and nux vomica. No evidence was given as to any search
being made for any traces of these — ^the whole efibrts of the prosecution
seem to have been directed to proving the theorv of arsenioupoisoning,
since arsenic had been found in the food and elsewhere. We ourselves
know a person who is obliged to take arsenic daily, for months at a time,
in order to keep in check a hereditary skin complaint ; without this pre-
ventative the disease is sure to reappear sooner or later and the arvenic
treatment has to be resumed. If he were to die — say by a railway acci-
dent—after a long period of arsenic treatment, it is probable that a great
deal more than half a grain might be found in the different orsans of his
body and yet bear not the remotest relation to his death. And similarly
it is contended in the Maybrick case, that although arsenic was found in
the body it was not the cause of death. ' '
We regret that this reviewer did not give his name, as he has given the
case a fidr and quite impartial review, with strong prejudices against the
accused at the outset, as he concedes.
Thb Lbgai, Advbrtisbr, Dbnvbr, Cou>rai>o. J. Warner Mills, Bsq.,
Editor. The June number of this ioumal contains a strong editorial m
favorofthereleaseof Mrs. Maybrick, and seconds the efforts made bv
the Medico-I^egal Society of New York and the resolutions under which
its Memorial Committee is at work.
It contains the address also of Hon. Benjamin A. Richardson before the
Maryland Bar Association, entitled "The New Feudalism.*'
The journal is ably edited. It is a monthly, and it^price is $5 per
annum.
Thb Fught o^ Icarus. By Jay Robin. P. Tennyson Neely, New
York, Publisher. 1899.
Mr. Robin has certainly not made a dead failure in his first book, fbr
it has enough of human interest to make even a busy man read it through
when he takes it in hand. You cannot say this of many of the first pro-
ductions of even the literary successes of the world.
Mr. Robin need not write a novel to show that a successful novel should
be logical as to its representation of human action.
We would have to search long to find an established work of fiction
that could be called logical. The highest style of fiction, as it seems to
me, are works like the Arabian Nights entertainments, Dumas' Monte
Christo, and Cervantes' wondrous tales of the Knight of the Sorrowful
Countenance.
Robin's work is rather a study of the Psychology of Love, as a passion,
than anything else. It is not a work of fiction.
When we study the actual facts of vice, and its contact with human
emotions and passions, and grope after the truth, as it really is, no mat-
Digitized by VjOOQIC
JOURNAL AND BOOKS. 151
ter how mnch it is italned by sin, or colored bj its peculiar enyixon-
ment, onr research poseases human interest
It Is problematical, if not ^onbtfully rare» if the Reveres of this life can
wade Uifouffh so much mud, as did the hero, with so little slime l^ft
sticking to ms garments.
Reveres' punishment of Perry is one of the best chapters of the book.
The jonmsiistic portraits are doubtless studies from the author's note
book, and some ot them splendidly done. But the sea of life, like the
diores of the Rhine, are full of such shipwrecks, and it has its Lurlei, its
Syrens, and its catastrophes.
SioTBSONiAM iNSTiTtmoN. Auuual Report, made April 24th, 1898.
By S. P. Langhr, Secretary.
TheTolumeuoneofgreat interest, and the general appearance and
illustrations are unusuauy excellent.
BiBUOORAPHY OP Progrbssivs LiTBRATurb. The New Epoch Pub-
lishing Company, New York. 1899.
All Bditon and Librarians will find this small work a most useful aid,
and it will be of great value to librarians. It costs only 25 cents.
Digitized by VjOOQIC
BOOKS, JOURNALS AND PAMPHLETS
RECEIVED.
J. F. SdTherm.nd, M. D., F. R. S. E, F. S. S. Copy letters nacd on
applicatkm for petition on Commission in Lunacy for Scotland. 1899.
Thb Nsw Epoch Pubushing Co. Bibliography of Progressive Lit-
erature. 1899.
A13BRT Vandbrvbbr, M. D., Dbak of FacuWy. Albany Medical
College Catalogue for 1898-99.
Digitized by VjOOQIC
MAGAZINES.
Thb North American Rbvibw. This great journal conuaenoes its
169th Vol. with the July nnmber 1899. ^^ ^^^s undergone a change under
the enterprising management of Geo. M. Harvey, its editor. He surpris-
ed the liters^ world with his May number, and he has continued his
surprises in June and July. Mr. Harvey changes his color from green to
a brick red. But the changes in the authors and selections are still
more remarkable. Mr. Comptroller Bird S. Coler's article on the &ults
in the New Charter, and the uselessness of the Municipal Assembly is a
sample of the work of this enterprising journal under Uie new manage-
ment.
The Yai^ Law Journai^ The June number contains judge Simeon
E. Baldwin's paper on "Corporal Punishments for Crime,*' under the
title of "Whipping and Castration for Crime." Substantially the same
as read before the Medico-I^al Society and published in our columns.
A paper by Prof! Theo. S. Woolsyon "International Law."
Nathan Ayer Smith, Esq., has been elected Chairman, and Walter
Dunham Makepeace, Business Manager of the Yale Law Journal.
Thb Amkrican Laywbr. A monthly journal published in the City
of New York, at |ixx> a year.
We are glad to notice that H. Gerald Chapin, Esq., has been made
editor of this journal.
The June number is before us, and we believe that if it fidls into the
hands of the profession it will be generally subscribed for. Mr. Chapin is
a young lawyer of ability, energy and push, and this journal is fortunate
in securing his services in the editorial chair.
Thb Anti Impbriaust is annnonnced as to be published weekly and
the June 3 number, 1899, is announced as No. 2 of Vol. I. It is a strong
objection often made 1^ those who £Eivor Imperialism in the Government
of mankind, that the form of Government adopted in America, is vicious
and not lasting and cannot be enduring; because it does not clothe its
representatives with the ordinary power of self defence when assaulted
from within. Perhaps nothing that has recently occured will more for-
cibly illustrate what some deem the weakness of our Government than
its inability to suppress such a journal as the Anti Imperiklist
It is given, to the lovers of Human Liberty and human rights, to en-
dure this sort of a cancer on the body politic, rather than to operate upon
it at once, by radical surgeiT. I am however one of those, who have great
fiuth, not omy in the stability of our Government, but in the good sense
and rectitude of the public mind and conscience, as well as its ability to
meet, surmont and survive such an eruption as has attacked Mr. Ed-
ward N. Atkinson and hisconfreres. We mustnot lose faith in the pub-
lic conscience, nor the public honor and capacity, for endurance, when
such assaults are made on our system, as that of the crusade of which
the And- Imperialist is the organ.
The public press of the country, constitutes a £rir reflex of the will of
the people, and it does not need for the safety of the nation, to put Mr.
Atkinson behind bars for his utterances.
He does not threaten our institutions. Hemay help delay the success
of our arms temporarily; he may be the means of causing the death of
many of our brave men in the army of the Pacific Ocean, by encourag-
ing Aguinaldo to persevere in his efiEbrts to prevent the consumation of
our hopes, in the advancement of freedom m the Phillipine Islands; but
he can not put back the shadow on the Dial of Human Progress nor
retard permanently the grand movement which under Providence has been
Digitized by VjOOQIC
154 MAGAZINES.
entnifltedto the hands of our Government and people; which is to be-
stow that £reedam we enjoy, to the far distant islands of the sea.
Thb Londom Lancbt. This superb journal was ftmnded in 1823 and
has been published more than threesoore years.
It has for a long time stood at the head of Medical Toumalism in Great
Britain. It is published weekly and its Foreign Edition is printed on
thin paper.
Its Tahie to a medical piactiti<»ier, who deaires to keep advised of the
advance and progress of the medical science throughout the world !s
something enormous.
The medical men and medioo-legal jurists in America are largely read-
ers of the London Lancet. It does not include medical jurispmdence or
ibtensic m^dne in its printed list of subjects treated, but we suggest that
it adds this bianch to the subjects it announces, because no journal, purely
medical, gives so much space and attention to medico-l^[al subjects as
dbes the London Lancet
I esteem it as one of the most valuable journals in the exchanges of the
Medico-Legal Journal, and pay this tribute to its excellence and value to
every student of forensic medicine of both the professions ol law and
medicine.
Thb Psnnt Magazine. George Ftaads Train enters the field of
journalism. His ofier is a monthly magazine for 12 cents a year or a
penny a number, Mr. Train has been called ambitious by his detractors.
He furnishes them with evidence that he like Csesar sought for other
worlds to conquer, and he waits till time has made his locks like sliver,
before he seizes a lance, and rushes mounted and armed into the great
tournament of journalism.
If his venture was common and ordinary he would have none of it. It
ia the snper-ordinary—the unattainable that excites the energy of that
George Frauds who has all his Ufo fought the press with the same en-
tsgy that he has^ utilized it.
He is under the impression that
"Yesterday is a memory!
To-morrow an imagination!
To-day exists!
Hence now is eternity and we live forever!"
Why this Diogones of the evening of the nineteenth century crawls
out of his tub and breaks that silence, in which he has sat meditating for
the past decade we do not know, and cannot dearly see. Perhaps the
Penny Magazine has a greater destiny than is announced in its opening
utterances. It may be the harbinger of the visions, this Psychic haa
beheld, while he silently communed with nature, during the long silence
of the past.
Electridty, force and motion lie donnant amon^ the forces that move
the universe. Mr.lTndn has been serendy watdung and studying them.
We shall wait for the pages of the penny magazine to give us the fruition
of his studies.
Digitized by VjOOQIC
THE'
MEDICO-LEGAL JOURNAL.
FkbHaJUd under Uu Auspices of the Medico-Legal Society of New York.
CLARK BELL, Esq., Editor- in-Chibf.
ASSOCIATE editors:
LEGAL.
MEDICAL.
A> WOOD RENTON. Esq., London.
Judge ABRAM H. DAILEY, Brooklyn.
Judge JOHN F. DILLON, New York.
Judge A. L. PALMER, New Bnmswick.
Prof. W. L. BURNAP, Vermont
Jotoa G. GARRISON, Camden, N.Y.
T. GOLD FROST, Esq., Minnesota.
W. H. S. MONCK, Esq , Dublin.
W. W. IRELAND, M. D., Scotland.
Prof. J. T. ESKRIDGE, Denver, Cola
GEORGE B. MILLER, M. D., Phila.
JULES MOREL. M. D., Belgium.
NORMAN KERR, M. D., London.
HERMAN KORNFELD,M. D., SilesU.
WM. ORANGE, M. D.« London,
Dr. HAVELOCK ELLIS, London.
SCIENTIFIC.
Prof. VICTOR C. VAUGHAN, Mich.
MORTTZ ELLINGER, Esq., N. Y.
Profc W. XAVIER SUDDUTH,Cliicago.
Prof. R. O. DOREMOS, Mew Yori^.
C. VAN D. CHENOWETH, 7
Prof. W. B. MacVEY, BoiKm.
MEDICAL.
GRANVII.LE P. CONN, M. D. Concord.
Prof: A. P. GRINNELL, Burlington, Vt
R.HARVBY REED,M.D., SMkim,W7
NICHOLAS SENN, M. D., Chicago.
CHARLES K. COLE, M. D., Montana.
DWIGHT J. KELLY, M. D., Ohia
RAIL WA Y SURGER Y.
LEGAL.
C. H. BLACKBURN, Eiq., CindnnatL
Jndge CONWAY W. NOBI^Oeveland.
JudgeWILLIAMH.FRANa8,N,Y.City
Hon. J. M. THURSTON, Nebraska.
C. A. LIGHTNER. Esq., Detroit
VOL. XVII.— No. 2.
NEW YORK:
MEDICO-LEGAL JOURNAL
1899.
Digitized by VjOOQIC
Tlie following are the EXCHANGE [OU RNAI^.
▲rctiiVM itailan,
▲rciilvlo GMurldloo,
ArcliivM d'Aathropoloci*
AU^zUM aad Neurodoglflt,
▲merican Journal of
inaanicy,
Am&riGaik Law Ragtober*
▲rcnivea of PedlaiUtoi,
Aictilves de laPsychiatrle
CUnlQUid et Liogalo •! do
Ndurologlo,
▲oad^mio do Mediotno do
Pans,
Amonoao Jonnkal of For-
ohoiocy*
▲merlcan Chomloal Jour-
nal,
Amorlcaa Law RotIow,
Atlanta Modloai and Biuv
real,
A>Dnal«o Iftedioo-FlQnQlia.
loclqoo,
ArcluTlo dl P»i Bal pett ot
aniro crlm..
Arcnieva do NeurolOKio,
Anoalos Sooloto Modlco-
L«effal. od Boliro,
Albany L«w Journal,
Amoncan Mlcroooopl • a 1
Journal,
Amer. Mod. Review.
Annals Univ. Med. Bol-
onco,
Aenllolio 8aohT«nilaiiA-
lnce.«-Zoltunff,
American Medical Jour-
nailat,
Amer. Momtlsly Retroo-
^>eot,
Amer. Journal of Mod.
Bcience,
AppUed Microscopy,
American Boonomlot.
American Lawyer,
Buffalo Medical Journal,
Boston Medical and Sur-
gical Journal,
Bullertla Bodetio de Med-
icine Memale BelslQiie,
Case and Comment,
Canadian Pnadtitkmsr,
Central Law Journal,
coL and Clin. Ueoord,
Connecticut State Board
of Healitli,
Courier of Mediolne,
Centralblaibt fur Nenr.,
Canadian Law Tlmee,
Charlocu Med. Jottrnal,
Cape Law Journal,
Chicago Law Journal,
Obicago Legal News,
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Canadian Journal Med.
tiurgery,
Cleveland Journal «f
Medicine,
Chicago OUnlc,
Charities,
l>er Irrenf round,
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I>el Koogellge Sundheda-
kollegiums,
Davenport Acad, of Nat
Detroit Legal News,
Dietetic oiid Hygiene Oa.
■ette,
Dunglisan Col. & Clin.
Record.
Englisn Lunacy Oommla.,
Fordhand Svensta La-
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Fort Wayne Med. Jour.,
Fishing Gkutette,
Guy's Hospital RepotiU,
Gazette del Tribunal,
Giomale di Neuropata-
logla,
Genchil Zettung, VieuAa,
Gazette des Hopltaux,
Hygiea,
Harvard Law Review,
HoOetein Fitaetln Regis-
ter.
Hot Spotags Miad. Jo«r-
minols State Board ef
Health,
International Journal ef
Surgery,
Index Medloua,
Iowa Law BuQetIa,
U Plsanla Gasetta flta«-
ula,
Johns HopUaa UaiTsr-
Blty,
Journal of Inebriety,
Journal of Medical 8«l.,
Journal of Nervoue aai
Mental Diseases,
Journal de Medicine,
Jahrbucher fur Psychl-
atrle,
Journal of meotro Theca-
peutlcs,
Kansas City Med. Index,
La. FM. la Neurol e BaL^
Lippinoott's Magaiftne,
L' Anthropologies
Londoo Lancet, «
LifCteU's Living Age,
Law Quarterly Revtew*
Le Progress Medicale,
Louisville Medical News,
Lunacy and Chartity,
Literary Dlgoet,
Legal Intelilgeooer,
Lancet Pub. Cow,
Law Students Jouraal.
Literature,
Mass. State Board oi
Health,
Medloo-Legal Sodecy of
Massachusetts,
Medical Review of &a-
vlewa.
Medical Annales,
Medical News, ^
Messenger of Neiuroftogy
and Forensic Psyco-
pathology. St Petacv-
burg.
Medicine,
Menorah Montthly,
Bfadias Law Trninisl,
Bfich. Law Journal,
Medical FortnighUy.
Medical Mirror,
Bletaplisrrtcai Miagastoa,
ICodaJttsoarfft fur Unfiai-
helUcunde,
Medical Herald,
Mind,
Medical Sentiiial,
Med. and Surg. BuftletlB»
Medical Bulletlsi,
North American Relvew,
New Oiaeans Med. and
Surg.
New York MIed. Reoort.
Nordltfk MedlcliMkt ArUr
N. Amer. Journal of Di-
agnosis and Pracrtlee,
North Amerioaa Med. R*.
view,
N. C. Med. Joumaa,
Occidental Med. Times,
Our Animcd Friends,
Ffatladelphia Times and
Register,
Pacific Medical Journal,
Pacific Record of MeM-
cine and Surgery,
Personal Rights,
Phrenological Journal,
Psyohoaogloal Review.
Digitized by VjOOQIC
BXCHANGB JouRNAi^.-'Coiitiniied.
PMA Taa Dmuoemtp Boolety JyAaMmnpoaogSm, Th% PhUiffUiM,
Fa. BtmbB Oom.of Luhmj, BrumtAa, Hie 8h«ep Br»ed«r,
PobUo Optntoii, eooi«t7 tor FmretalMl S*- The TbeniKlat,
Fm m^ N«rT« FHitli. aMUPoii, Tbe Phyiloiaa wid 0«r*
KlMi^off, RuMla, Sodeity tor ProMotloftht cwm,
PobUe HeiOtli Joumiia W«l«ape of tlie InauM, ITlia Family Phyirtclaii.
Printer's Ink. feoteMa Itattaim, Th« Lawyer and Ma^is*
StLoulfl Oourtor of MM., trate,
ji^^^ TV-. v^*i^«-. ®^"^ ^^^ ^•*- Jowml. The Public
2^ Slli^S^^ M2L2f ***:J^!:L.. The Texaa Clinic,
iMYiM Meovoaie, Simrevtlve TheraiMditlea. p^^ ■»« < ^ \a
Kerlew <rf Rerlew, »«»««• «« x-ina*r. ^^ comln«r Afire.
BaOway 8^P«». ^^^ Ha'nnfffnanfn. Unfon Induptrtal Droit
R€TiM da la HypnotiMM, Tennewae BtaiU Board of Penaie.
Berhita deneaa Medioaa, Health, unlrerMU Med. BcB«noea»
Rerlata P^naSo, ' ^Hie Journal of Mlas.
Bovlata Modioo-L«al, State Medw Ass. Vlrflnka Lm,w Rorlrter,
Bevlata de NeonOogle Ihe Cape Law Journal, Virginia Medical Soml-
Psychlatro^ The American Journal of Monthly.
Boirieta do Antropolode P»yoholo«y, Woman's Med. Journal,
Criminella of Sdenclaa The G^ Be*. ^^^^^^ j^^.^^ Law
Medloo-IiSSBleo, I^ J^F^ ^^^^""^ Journal,
BorUrta do Neurol, aad The Freeman, Weekly Law Journal*
Phy. (liisbon), Ihe Arena, ^^^ Virginia Bar.
Berlata de Newolode The Monlart "^^^ ^"* ™*'
The CoemopoUtal Ooteo- x-Ray Journal.
Beotch Bo«M of liunaoy, path,
flenltarlan, Texaa Sanitarian, Tale Law Journal,
Sanitary Rooofd, Tezaa Medloal Jounial,
Smlthaooyan Inatttato, Interstate Med. Journal, Zeitochrift fur 8chwela«r
Sodoto Mediolne Legale Turf, Field and Fsrm, Strafeoht, •
do Fimaeo. Hm Legal AdTlaer, Zeltachrift far Poyoklatro
Digitized by VjOOQIC
Digitized by VjOOQIC
Digitized by VjOOQIC
EX-CHIKF JUSTICES SUPREME COURT OF RHODE ISLAND.
Samuel Kddy, lA.. D. Daniel Lyman.
1827-1S35. 1812-1816.
James Fknner.
1818-1819.
James Burrill. Jr. Richard W. Greene.
1816-1817, 1848-1854.
From advatui' shrrts Sufnt'nir Court af the Stales ami ProTincrs of North America.
Digitized by VjOOQIC
HISTORY OF THE SUPREME COURT
OF OHIO.
BY HON. CONWAY W, NOBLE, OF CLEVELAND, OHIO.
The Ordinances of 1787, providing for the government
of the territory of the United States, northwest of the
River Ohio, made provision that there should be appointed
by Congress three judges, any two of whom should form a
Court of common law jurisdiction; should reside in the
district; have each a free-hold estate of five hundred acres
of land while in the exercise of his oflEice, and their commis-
sions were to continue in force during good behaviour. The
Governor and the judges, or a majority of them, were also
to adopt and publish laws, criminal and civil, and report
them to Congress from time to time until the organization
of the General Assembly, after which time, it was authoriz-
ed to alter and amend laws as it saw fit
Five States were subsequently erected from the territory,.
Ohio, Indiana, Michigan, Illinois, and Wisconsin.
The original political machinery for Ohio was formed in
1788, and the first judges were Samuel H. Parsons, James
N. Vamum, and John Armstrong; and between 1788 and
the time that judges were elected under the constitution of
1802, the following also served: John C. Symmes, William
Barton, George Turner, Rufus Putnam, Joseph Gillman^
and Return Jonathan Meigs, Jr.
During the first years of the territorial era, the Governor
and judges acted also in a legislative capacity, framing the
laws they executed.
In 1802 the State Government was organized, the Con-
stitution adopted, and the State was divided into ten
Digitized by VjOO^IC
156 SUPRBMK COURT OP OHIO.
counties, and embraced considerable more than the present
limits of Ohio. Knox county alone embraced most of the
State of Indiana. The Constitution then ratified contained
the organic law of the State for forty-seven years.
In 1803 the State was admitted into the Union.
The constitution of 1803 provided for a Supreme Court
of three judges, with the privilege of , adding two more after
five years, to be appointed by the legislature, at a salary of
$1,000 a year; with original and appellate jurisdiction, and
with the right to divide the State into two circuits, within
which any two judges might hold court
It was also provided that a session of the court should
be held once a year in each county; and the term of ser-
vice was tor five years.
The first judges selected after the adoption ol the consti-
tution were: Return Jonathan Meigs, Jr., Samuel Hunting-
ton, and William Sprigg.
An additional judge was provided for in 1807.
From 1802 until February 9, 1853, when judges were
elected under the constitution of 1851, the following list
of distinguished names composed the court at different
times:
Return Jonathan Meigs, Jr., Samuel Huntington, William
Sprigg, George Tod, Daniel Symmes, Thomas Scott,
Thomas Morris, William W. Irwin, Ethan Allen Brown,
Calvin Pease, Jacob Burnett, John McLean, Jessup N.
Couch, Charles R. Sherman, Peter Hitchcock, Elijah Hay-
ward, John M. Goodenow, Reuben Wood, John C Wright,
Joshua Collett, Ebenezer Lane, Henry Brush, Frederick
Grimke, Matthew Birchard, Nathaniel C. Read, Edward
Avery, Rufus P. Spalding, William B. Caldwell and Rufos
P. Ranney.
It seems like invidious distinction to single out any of
Digitized by VjOOQIC
SUP&BMB COURT OP OHIO. 167
the above names as entitled to particular notice. All made
their mark as distinguished jurists and public men.
Perhaps the most famous among the early judges was
Return Jonathan Meigs, who was Governor twice and Sen-
ator once, as well as Judge .of the Supreme Court He
probably did more than any other single man to make
history in the early days of the State.
In 1807 ^^ ^^ elected Governor, but his election was
contested on the ground that he had not resided in the
State for four years next preceding, and he was declared
inelligible.
During that time he had been a United States Judge in
Louisiana, had been appointed as territorial judge in Michi-
gan, and had taken a prominent part in the Burr-Blanhas-
serat Conspiracy.
On December lo, 1808, he was elected United States
Senator. On December 3, 1810, he was elected Govenor.
On December 7, 181 2, he was re-elected Governor, and de-
livered a most sensational and startling inaugural, notifying
the legislature of the declaration of war against Great
Britain.
In 1814 he resigned to accept the cabinet position of Post-
master General The county Meigs was named after him
and organized in 1819.
John C. S)anmes, previous to his removal West had been
a Supreme Judge in New Jersey, and a member of con-
gress.
Rufus Putnam was Surveyor Greneral of the United
States under Gen. Washington. In 1792 he was made a
Brigadier General of the regular army, and he was a member
of the constitutional convention of i8o2«
Jacob' Burnett was United States Senator and Pro-
essor of Law in the University of Lexington* He def end-
Digitized by VjOOQIC
153 ' SUPRBMB COURT OF OHIO.
ed Blanhasserat who was tried as an accessory of Burr in
his treasonable conspiracy.
Samuel Huntington in addition to holding the position
as judge was governor at one time.
Judge McLean became associate justice of the United
States Supreme Court after being tendered the position of
Postmaster General and Secretary of War under Jackson.
Peter Hitchcock was well known along the western re-
serve and was a leader in his day. It was attempted twice
to impeach him but without success. Bach time the
charges were reported groundless.
Rufus P. Spaulding was another remarkable man. He
was born in Massachusetts in 1798, and graduated at Yale,
He studied law with Chief Justice Swift, of Connecticut,
and commenced practicing at Little Rock, Arkansas. Af-
ter a year and a half he removed to Warren, Ohio, where
he remained sixteen years, and then removed to Ravenna.
He was elected to congress from there and was speaker of the
House. In 1848-9 he was elected judge of the Supreme
Court. When four years of his time remained yet to be
served, the new constitution went into effect, and he re-
fused to be a candidate in a popular canvass. He then re-
moved to Cleveland and actively engaged in practice.
In October, 1862, he was again elected to congress, and at
once attained distinction and rank. He was re-elected in 1864
and in 1866. He declined re-nomination, announcing his
determination to retire from public life. He had a long,
honored career, and his name has a conspicuous place in
the annals of the State and country,
Rufus P. Ranney is another distinguished name. He
was a native of Massachusetts, and was bom in 1813. In
1824 his family removed to portage county, Ohio. He
studied law with the Hon. Joshua R. Giddings and Benja-
min F. Wade, and was admitted to the bar in 1836. Judge
Digitized by VjOOQICi
SUPREME COURT OF OHIO. 159
Giddings being elected to congress, Mr. Wade took young
Ranney into partnership. In 1850 he was elected to the con-
stitutional convention, serving with distinction. In 185 1 he
was elected to the Supreme Bench to succeed Judge Avery,
and under the new constitution was elected by the people.
He served until 1856 when he resigned and entered the
practice again at Cleveland as a member of the firm of
Ranney, Backus & Noble. In 1859 ^^ ^^ nominated by
the Democrats for Governor, but was defeated. Three
years after, while absent from the State, he was nominated
against his partner, P. T. Backus, for the Supreme Bench,
and elected. He served only two years and again resumed
practice at Cleveland. The demands upon him were more
than he could possibly comply witTi. The announcement
thathe was to makean argument always filled the court room
with lawyers, eager to learn the art of forensic reasoning
of which he was master. He had a wonderful memory,
every fact, every rule, every principle, when once acquired,
remained with him always. His hands were always full
of weighty and responsible trusts embracing important in-
terests and large amounts of property.
While on the bench, he was one of the strongest admin-
istrative forces of the state government He held a place
of his own, and was a personal force profoundly felt in the
administration of justice. He made a deep and perma-
nent impression .upon the jurisprudence of the State. He
took large views of every question and was at his best when
under the stimulus of working to solve a great and diffi-
cult constitutional and legal problem. His ideas of the
ethics of the profession were exalted, and he never tolerat-
ed any lose notions about them. No one could say a plain
thing in a plainer way, nor deal with abstruse questions in
a clearer manner. He was as wise in what he left unsaid
as in what he said. His friends and admirers always felt
Digitized by VjOOQIC
IGO SUPRBMB COURT OF OHIO.
that it was unfortunate that his great powers were not
called into use upon the broadest theatres, and regretted
that the mutations of politics had not been such as to place
him upon the bench of the Supreme Court of the United
States.
George Tod, one of the earliest judges, is remarkable
from the fact that articles of impeachment were reported
against him on the charges of high misdemeanor and will-
full, corrupt, and wicked disregard of the Constitution, in
declaring null and void an act of the legislature extending
jurisdiction of Justices of the Peace. He was tried upon
judicial records, and the construction of the powers of the
Courts to pass upon the validity of the acts of the legisla-
ture. The senate voted fifteen to nine in favor of his
guilt, but this was less than two-thirds of the senate, and
he escaped conviction.
Reuben Wood was governor at one time also, and his
fame as a jurist and statesman was well deserved. He
was a candidate for the presidency of the democratic con-
vention of 1852, but was defeated by Franklin Ruse. He
was United States counsel at Valparaiso also.
Ethan Allen Brown resigned as judge to become govern-
or, and resigned this office to become senator. He was
Minister to Brazil under President Jackson, and Commis-
sioner of the general land office under him.
At the sessions of the lycgislature 182 i-a the salary of
the judges was made $1200.
By the act organizing the Courts in 1803 it was provid-
ed that one of the Supreme Judges should be commission-
ed by the Governor as Chief Justice of the Court, and that
the other judges and all after judges of the court should
have precedence according to date of their commission;
and the chief justice is now selected each year under that
rule.
Digitized by VjOOQIC
SUPSBMB COURT OP OHIO. 161
The jurisdiction of the Supreme Court was from time to
time defined by law; certain original jurisdiction was
given to it, and a very large appellate jurisdiction from
the inferior courts. Although it was a court of last resort,
no provision for reporting its decisions was made until
1823. ^^ ^^^ ^^^ ^^ ^^ ^^ passed, making it the duty
of all the judges, then four in number, to meet annually in
Columbus, immediately after the close of their circuits, in
order to consult upon and decide all questions of law
which had been decided in the counties where they had
held court, and the judges were required to appoint a re-
porter to report all such decisions, and such others as they
should direct to be reported, and to publish the same.
The decisions are contained in the twenty volumes oi
Ohio Reports, b^nniug with the session of 1823, ^^^
ending with the session of 1851, and are called the Deci-
sions of the Supreme Court in Banc Very few of the
circuit decisions of the Supreme Court have been reported;
some are found in the first volume of Ohio Reports, and
some may be found in the Western Law Journal. The
only volume of circuit decisions is Wright's Reports of
cases decided in the years 1831 to 1832 inclusive, while he
was on the bench.
The constitution of 1851 provides that the Supreme
Court shall have original jurisdiction in quo warranto,
mandamus, habeas corpus, procedendo, and such appellate
jurisdiction as may be provided by law ; that it shall hold
at least one term in each year at the seat of government,
and such other terms there or elsewhere as may be pro-
vided by law, and that the judges shall be elected by the
people.
An election under the new constitution was held in Oc-
tober, 1851, and the following were elecfed judges of the
Supreme Court : William B. Caldwell, Thomas W. Bart-
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162 SUPREME COURT OF OHIO.
Icy, John A. Corwin, Allen G. Thurman and Rufus P.
Ranney.
It takes a long list to include all the names of those who
have served under the constitution of 1851. We have, in
addition to the names above given : Robert B. Warden,
William Kennon, Joseph R. Swan, Jacob BrinkerhoflF,
Charles C Converse, Ozias Bowen, Josiah Scott, Milton
Sutliff; WiUiam V. Peck, William Y. Gholson, Horace
Wilder, Hocking H. Hunter, William White, Luther Day,
John Welch, George W. Mcllvaine, William H. West,
Walter P. Stone, George Rex, William J. Gilmore, W. W.
Boynton, John W. Okey, W. W. Johnson, Nicholas Long-
worth, William H. Upson, John H, Doyle, Selwyn M.
Owens, Martin D. Pollett, Gibson Atherton, Marshall J,
Williams, William T. Spear, Thaddeus J. Minshall, Frajik-
lin J. Dickman, Joseph P. Bradbury, Jacob P. Burket and
John A, Shauck.
It is still harder to select, among this list, names of
those who should have special mention, but at the risk of
making invidious distinctions, the following, perhaps,
should be mentioned :
Joseph R. Swan deserves special mention. He was a
native of Oneida county, New York, bom in 1802. In
1824 ^c came to Columbus, and soon after was admitted to
the bar, where he at once took a prominent place. In 1830
he was made Prosecuting Attorney ; in 1834 he was elected
Judge of the Common Pleas Court, and was re-elected in
1841 ; in 1845 he resigned this office to practice law; in
1854 he was elected Judge of the Supreme Court He wai
a wise, patient, firm and dignified man in the discharge of
his duty, and in 1859 rendered a very famous decision in
the case of Exparte Bushnell, 9 Ohio St 78. It was sought
under a writ of habeas corpus to override the judgment of
the United States District Court, in the northern district
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SUPREMB COURT OF OHIO. 163
of Ohio, and to discharge from custody a prisoner who had
been convicted and sentenced by that court under the
Fugitive Slave Law. It was an imminent crisis, and it
was feared if the prisoner was discharged by the decision
ol the Supreme Court, there must be a collision between
the state and federal authorities. He held that the State
could not interfere with the action of the United States
courts within their well-established constitutional limits,
and the writ was refused. This was so unpopular with
the masses that he failed of a renomination at the next
party convention. He left the bench in i860 and never
resumed his practice, nor accepted judicial position. He
published several text books, which are still guides and of
great value.
Jacob Brinkerhoff is another one who should receive
mention. He was bom in 1810 in Cayuga county N. Y.
In 1836 he removed to Ohio, and May 23, 1837, was ad-
mitted to the bar in Warren county, and formed a partner-
ship with Thomas W. Bartley, afterwards Supreme Judge;
in 1839 he was Prosecuting Attorney; in 1843 ^^ ^^ ^
member of Congress, and drew up the famous resolution
known as the "Wilmot Proviso," the original draft of
which, in his own hand writing, is still in possession of his
family ; was in Congress two terms, then was elected to
the Supreme Bench and took his seat in 1856, remaining
there fifteen years.
He died in 1880. Hewas a man of broad culture, com-
prehensive views, and of quick perception. He had a
strong sense of justice, and was ever zealous in the dis-
charge of his duties.
Josiah Scott is another one who made an impression
upon the bench as a profound thinker and an able jurist, and
his public judicial opinions found in the Ohio State Re-
ports from volume 5 to 21 inclusive, are all able exposi-
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164 ST7PRBMB COURT OP OHIO.
tions of the law. He was a member of the Supreme Bench,
as well as of the Supreme Court Commission to which he
was appointed by Governor Hayes in 1876.
Allen G. Thurman's reputation was national. His great
conservatism and strong love and reverence for the Con-
stitution endeared him to all true patriots.
He was a native of Virginia; was bom at Lynchburg
November 13, 1814. In 1819 his father removed to Ohio
and settled in Chilicothe. He was a seli-educated man,
but entered life's duties well equipped. He commenced to
study law while private secretary of Governor Lucas, and
was admitted to the bar in 1835. His studies were com-
pleted under William Allen then United States senator and
Noah H. Swaine, afterwards justice of the Supreme Court
of the United States. He rapidly rose in his protession,
and in 1844 was elected to Congress. In 1851 he was
elected to the Supreme Bench when only thirty-eight years
of age. His judicial opinions are remarkable for their
clear, cogent reasoning, and accurate statement of the law.
He was universally recognized as one of the ablest and
most learned judges, in every respect, Ohio has ever had.
At the expiration of his term of office, he declined a re-
nomination and resumed practice in Columbus. In 1867
he was elected to the United States Senate, and soon ac-
quired a national reputation, taking the position of leader
of his party. His senatorial career lasted twelve years,
and was distinquished for eminent ability, courage and
statesmanship. He was chairman of the Committee of
Judiciary, and in that capacity rendered his best service to
his country. He was a member ot the Electoral Commis-
sion in the Hayes-Tilden controversy, and after retiring
from the senate. President Garfield appointed him, with
Senators Evarts and Howe, to represent the United States
at the International Monetary Conference at Paris. In
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SUPRBMB COURT OF OHIO. 165
1888 he was nominated for Vice President on the Demo-
cratic ticket, but was defeated. His public life was pure,
brilliant, and useful to his State and country, and his pri-
vate life was not less pure, attractive, and useful. To his
personal qualities was added a striking personality of great
force. He died December 12, 1895.
William White should also receive mention; he was
bom in England in 1822. He came to this country with
his uncle in 1831 and settled in Springfield, Ohio. In
1846 he was admitted to the bar. The next year he was
elected Prosecuting Attorney. In 1856 he was elected a
Common Pleas Judge, and was re-elected in 1861. In 1864
he was appointed a Judge of the Supreme Court by Gov-
ernor Brough, and was elected for the unexpired term of
H. H. Hunter. He was three times re-elected, and his
service was for nineteen years. His decisions run through
twenty volumes of Reports, and are an enduring monu-
ment to his sound judgment, and his eminent fitness as a
judge. They touch almost every branch of law, and are
regarded with the highest respect. He was mentally,
morally, and physically adapted to his office. He died
while chief justice, and after he had been nominated by
the President and confirmed by the Senate as Judge of the
District Court of the United States for the southern dis-
trict of Ohio.
John W. Okey is another prominent member of the
bench. He was bom in Monroe county, Ohio, in 1827, ^^^
was admitted to the bar in 1849; in 1853 ^^ ^^ elected
Probate Judge; in 1856 he was elected Common Pleas Judge
and was re-elected; in 1865 he resigned and resumed practice
in Cincinnati; in 1875 he was appointed a member of the
commission to revise and consolidate the statutes of Ohio;
in 1877 he was elected Supreme Court Judge, and re-elect-
ed in 1882, and was serving his second term when he died.
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166 SUPRBICE COX7RT OP OHIO.
He loved the study of law and the investigation of judicial
questions. He prepared a digest of Ohio Reports, and
came to the duties of the Supreme Bench with accurate
knowledge of our statute laws and the decisions of our
courts. It is said there was not a single case in the entire
series of Ohio Reports with which he was not familiar,
and scarcely any which he could not accurately state. He
was a man of rare ability.
Washington W. Boynton was another remarkable man
on that bench. He was bom in Lorain county January
26, 1833 ; was admitted to the bar in 1856; in 1859 he
^as elected Prosecuting Attorney; in 1865, * member of
the Assembly ; in 1869 he was appointed a Common Pleas
Judge by Governor Hayes, and was elected to fill out the
unexpired term of Judge Burke. Here he soon attained
distinction, and was recognized as being in the front rank
of his profession. In 1876 he was elected to the Supreme
Bench, which position he held until 1881, when he re-
signed and, after a short rest, resumed the practice at
Cleveland. Since that time he has been largely interested
in much of the important litigation of the state, his re-
tainers calling him into all the courts, and large interests
l)eing constantly placed in his hands.
He devotes his time to special cases, assisting other at-
torneys where important legal questions are involved.
Pew men are better equipped for this position.
He was always a great student, devoted to his profession;
x)f wonderful memory; of quick mind; had a thorough
knowledge of the law and the faculty of recalling a par-
ticular decision applicable to the question in issue. His
decisions, while upon the bench, always carried great
weight, and he is justly entitled to the great respect in
which he is held by the members of the bar of the state,
and the public generally.
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SUPRBMB COTTBlT OF OHIO. 167
Franklin J. Dickman should also be mentioned. He was
bom in Petersburg, Va., and graduated at Brown Univer-
sity ; studied law with Chief Justice Bradley, of Rhode
Island ; was admitted to the bar and ran for Attorney Gen-
eral on the Democratic ticket in Rhode Island in 1857.
In 1858 he was a member of the Board of Visitors to West
Point, and made its secretary ; in December, 1858, he re-
moved to Cleveland ; in 1861 he was elected to the As-
sembly ; in 1863 he formed a partnership with Judge Spal-
ding, an ex-Judge of the Supreme Court, which lasted until
1875 ; In March, 1867, he was appointed United States
Attorney for the northern district of Ohio, and resigned in
1869 i ^^ ^^83 ^^ ^^ appointed a member of the Supreme
Court Commission by Governor Foraker ; in 1887 he was
elected for the unexpired term of W. W. Johnson, and was
reelected in 1889.
The written opinions of Judge Dickman cover a wide
range of legal questions, and many involve important con-
stitutional questions, and are legal authorities. Among
them is to be specially noted the case oi the Railway Com-
pany against the Telephone Association, 48 Ohio St 390,
which involved a full examination of thp respective rights
of telephone companies and electric railway companies.
The doctrine announced in these decisions was favorably
commented on, and approved by Lord Chief Justice Col-
ridge. Another, involving the taxation of express, tele-
phone and telegraph companies, was taken on error to the
United States Supreme Court and approved.
In June, 1892, Brown University conferred upon him
the degree of LL. D.
During his service upon the bench he never forgot the
responsibilities of, or the requirements necessary to, the
proper discharge of his duties, and his opinions are pro-
found expositions of the law.
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168 SUPREME CX)URT OF OHIO.
Under the Constitution of 1851 it was provided that the
Supreme Court should consist of five judges, a majority of
whom should form a quorum, and that they should be
elected by the people lor not less than five years. The
number could be increased by the General Assembly, and
divisions formed by not exceeding three, a majority of
whom should constitute a quorum; and when all ot either
division could not concur, or where the case involved con-
stitutional questions, it should be reserved to the whole
court
In 1892 the number of judges was increased to six, and
the term extended to six years with a salary of $5,000.
A commission was also provided for, to consist of five
judges, who should hold office for three years, from Febru-
ary 1876, with like powers as the Supreme Court, to dispose
ot its accumulated business. Provision was also made for the
appointment of a like commission in the future, if necessity
required. The judges of this commision were;
Josiah Scott, Luther Day, D. Thew Wright, Henry C.
Whitman, W. W. Johnson, and T. Q. Ashbum.
Judge Whitman resigned in 1876 and Judge Ashbum
was appointed to fill the vacancy.
In 1883 another commission was appointed under this
law for the purpose of disposing of accumulated business,
and the members of that commission were:
Moses M. Granger, George K. Nash, Franklin J. Dick-
man, Charles D. Marrin and John McCauley.
The present composition of the court is:
William T. Spear, Chief Justice; Joseph P. Bradburj ,
John A. Shauck, Thad. A. Minshall, Marshall J. Williams,
and Jacob F. Burket.
William T. Spear, the present able Chief Justice, had
long been a prominent member of the bar before his eleva-
tion to the bench; he was bom June 3, 1843, in Warren,
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SUPRBMB CX)URT OF OHIO. 169
Ohio. His father was a judge before him. His
father's family came from Pennsylvania, and his moth-
er's from Connecticut. His first experience after ob-
taining his education was as a newspaper man. He was
employed in the office of the New York Herald for a time,
and then entered the employ of the Appletons. His exper-
ience gained while thus employed has been a great benefit
to him throughout his life, and to it, perhaps, more than
any other one thing, maj^ be attributed his quick power of
perception, and the practical views he takes of all matters
which come before him.
He had always cherished the ambition to be a lawyer,
and throwing up his position in New York, he came back
home to Warren, Ohio, and commenced to study. He was,
however, very soon selected by the clerk of the Probate
and Common Pleas Courts of Trumbull county, as his de-
puty, and served as such for several years, devoting his spare
hours to the study of law, and at the same time obtaining
a good, practical knowledge of it through his service as
deputy. His preceptor was Governor Jacob D. Cox, who
then was practicing at the Trumbull county bar. Gov.
Cox is now Dean of the Cincinnati Law School, and never
fails to recall with pleasure the days when Judge Spear
was with him.
Feeling the necessity of a course at a Law School, Mr.
Spear went to Harvard, entered the Law School, and grad-
uated in 1859.
On returning to Ohio, Governor Cox took him into
partnership. Subsequently he formed a partnership with
John C Hutchins, who became one of the Judges of the
Court of Common Pleas of Cuyahoga county. They en-
joyed a lucrative practice for several years. In 1871 Mr.
Spear's friends insisted upon his accepting the nomination
of Prosecuting Attorney, and he was elected by a large
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170 SUPRBMB COURT OP OHIO.
I
/
majority, serving two terms, and giving such good satis-
faction that the city of Warren made him Solicitor for two
terms. In all these relations he was eminently successful,,
receiving the highest commendations trom the bench and
bar, for his zeal and learning. After retiring from the
office of city solicitor, he formed a partnership with C, A.
Harrington, Esq., but was very soon compelled to give up
a very large and lucrative practice at the request of his
friends, and accept the position of Judge of the Hourt of
Common Pleas. He served in this capacity one term of
five years, and was re-elected, but did not complete the sec-
ond term, because of his election to the Supreme Court
bench ; and he has since been twice elected judge of th«
latter court. His mind is eminently judicial. In the
preparation of his opinions the greatest care is taken, and
the aptness with which he expresses his views, and the
forcible English he brings out is the great delight of his
friends. He is at present Chief Justice, and it is the uni-
versal desire of the bar oi the state that he may be induced
to occupy a seat upon the Supreme Bench for manyyears to
come. He is personally a very popular man, and his so-
cial qualities commend themselves to all with whom he is
brought into contact. He is not only learned in the law,,
but in general literature, and draws upon this fund with
great facility and aptness of expression.
Thaddeus A. Minshall, a member of the Supreme Court,
was born in the same month and the same year as Chief
Justice Spear, in Ross county, Ohio; his education was
largely due to his own efforts, and was completed in his
own county in Mt. Pleasant Academy. Just as the war
broke out in 1861, he was admitted to the bar from the
office of S. L. Wallace, Esq., Chillicothe, Ohio. The first
call of the president brought him to his feet, and he en-
listed as a private in the 2 2d O. V. I.; he served four months^
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SUPREME COURT OF OHIO. 171
and was mustered out as a Sergeant Major. In less than
two months, he re-entered the service as Captain in the
33rd RegL O. V. I. There he faithfully served his country
for three years, and was mustered out in October, 1864.
He participated in many of the great battles of the war,
including Perryville, Stone River, Lookout Mountain^
Resaca, and Peach Tree Creek, and the battles in front of
Atlanta. He commanded his regiment through the latter
part of the Atlanta campaign. As soon as he obtained
his release, he at once began practicing law at Chillicothe,
being elected Prosecuting Attorney as soon as he had open,
ed his office. After he served one term, he again opened
an office, and arose at once to the front rank in the bar of
the county, and in 1878 he was elected judge of the Court
of Common Pleas, and was twice re-elected thereafter, serv
ing with great satisfaction to the bar and the public. He
established such a reputation for himself of fairness and
legal learning that in 1885, when Judge Mcllvaine re_
signed his place on the Republican state ticket as a candi^
date for Judge of the Supreme Court, the Republican state
committee selected Judge Minshall to fill the vacancy, and
he was triumphantly elected. In 1890 he was regularly
placed in nomination by his party and again elected; and
re-elected in the fall of 1895, which term he is now serving.
His opinions, as published, bear evidence of learning and
careiul thought and deliberation. Perhaps the most im-
portant opinion which he has delivered is contained in 49
Ohio State 137, in the case of State ex. rel. v. Standard
Oil Co., where the trust agreement entered into by the
Standard Oil Co., and other corporations, came under con-
sideration, and wherein the Standard Oil Co.'s trust certifi-
cates were passed upon. He held that the agreement was
against public policy, as tending to create a monopoly
and control production and prices.
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172 SUPREME COURT OF OHIO.
Joseph p. Bradbury is a native of Ohio and was bom in
1838, in Gallia county. In 1857 ^^ entered the United
States army and served that year in an expedition against
the Mormons under Gen, Albert Sidney Johnson; left the
government service in 1859, ^^^^ he went to California
and for several years engaged in gold mining ; then re-
turned to Union City, Ind, but in 1866 removed to Pome-
roy, Ohio, where he still resides. In 1869 he was elected,
and in 1871 re-elected, Prosecuting Attorney. In 1875 ^^
was elected Common Pleas Judge and was re-elected in
1876 and 1 88 1. In 1884 he was elected Circuit Judge of
the Fourth Judicial Circuit, and from there was promoted
to the Supreme Bench in 1888, was re-elected in 1893 ^^^
is now serving that term.
Judge Bradbury was especially qualified for a trial judge
because of his keen, perceptive powers, quickness of action,
and sound judgment; had great facility in handling the
facts of a case and in fixing the law applicable to them.
Since taking his seat upon the Supreme Bench his opinions
show his familiarity with text writers and the decisions of
courts of last resort, and where no precedents exist, his
strong common sense and thorough knowledge of the law,
make him a fit exponent of a court of last resort.
Jacob F. Burket was bom in Perry county, O., in 1837;
was elected to the additional judgeship in the Supreme
Court, created by legislative enactment in 189a, and has
risen to his present position from his trade as a carpenter. In
June, 1859, t^ commenced to study law, teaching school
in the winter, and was admitted to the bar in 1861 ; com-
menced to practice at Ottawa, Ohio, but removed to Find-
lay in 1862, where he continued to practice; at first with
Henry Brown, Esq., and subsequently with his son, Har-
lan F. Burket
At the Republican convention held in Cleveland in 1892
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SUPREME COURT OF OHIO. 173
he received the nomination for Judge of the Supreme
Court and was elected, taking his seat February 9, 1893.
While at the bar, his practice was largely devoted to cor-
poration interests, he himself being President and Director
of the American National Bank of Findlay, Ohio ; is a
member of the American Bar Association and of the Ohio
State Bar Association, seldom failing to attend their meet-
ings. Since taking his seat upon the Supreme Bench, he
has shown the same care in the discharge of its duties that
he did at the bar, devoting himself with never-failing en-
ergy and thought to the fair elucidation of all questions as
they arise. He is one of the most useful members of the
court, and his decisions carry great weight throughout the
state.
John A. Shauck became a Judge of the Supreme Court on
February 9th, 1895 ; was bom in 1841 in Richland county,
Ohio, and is a descendant of good old German stock ; is a
graduate of the Otterbein University, and attended the law
school of the University of Michigan, graduating there-
from in 1867 ; was admitted to the bar of Ohio in the same
year ; settled at Dayton, Ohio, and remained there in gen-
eral practice until February, 1884, when he was elevated
to the Bench of the Circuit Court, and served there with
eminent satisfaction to the bar and the public, until ele-
vated to the Supreme Bench in 1894; took his seat Feb-
ruary 9th, 1895. While upon the Circuit Bench he was
considered one of the best judges in the state, and it was
the expectation of the entire bar of the state that when he
took his place upon the Supreme Bench, he would fully
maintain the position he had gained. This expectation
has been fully realized, and although but a short time
upon that bench, he has impressed his individuality upon
it His decisions are full of clear exposition of the law,
argumentative, and fully cover all the points in controversy.
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174 SUPRBME COURT OP OHIO.
Marshall J. Williams was bom in Fayette county, Ohio,
on a farm, in 1837 ; attended the Fayette Academy and
common schools, and after partly finishing a course at
Ohio Wesleyan University, he commenced to study law at
Washington Court House with Hon. Nelson Rush. In
1857 he passed his examination, was admitted to the bar
and commenced to practice at Washington Court House.
Two years later he was elected Prosecuting Attorney of
Fayette county, and re-elected to a second term. He
attained great reputation as Prosecuting Attorney, and laid
the foundation for a very extensive practice. After the
expiration of his second term he opened an oflBce and was
retained in nearly all the important cases in Fayette and
adjoining counties, either on one side or the other. In ten
years more he was elected to the General Assembly and
served two terms. In 1884 he was elected Judge of the
Circuit Court, and was chosen as Chief Justice of that
court. In 1886, while he was still on that bench, he was
elected to the Supreme Court, and took his seat February
9th, 1887. He was Chief Justice from February 9, 1891,
until February 9, 1892, at which time he entered upon
his second term as judge of that court He is in the full
prime of life and intellectual vigor, and has an eminently
judicial mind. In all of his opinions one is impressed
with his fairness and his desire to get to the bottom of the
facts and the law. He was also prominent in the estab-
lishment and promotion of the law department of the Ohio
State University, was its first Dean, and still takes great
interest in that institution.
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CHRISTIAN SCIENCE AND THE LAW.
BY MORITZ ELLINGER, ESQ., CX>RRESPONDING SECRETARY
MEDICX>-LEGAL SOCIETY OF NEW YORK.
The death of Harold Frederic, the talented novelist and
genial correspondent oi the New York TimeSy in the zenith
of his manhood, credibly reported a victim of Christian
Science practitionership, has called the attention of the
world to a new, school of medical practice, which, how-
ever, seems to be in closer alliance with the vocation of
the undertaker than that of the ordinary pupil of -^cu-
lapius. Of course, as far as our Society is concerned or
interested in, we have nothing to do with the faith or belief
of those who call in requisition the service of the C. S. D.
or Doctor of Christian Science, or of the practitioners
themselves. In reality. Christian Science seems to me a
misnomer and totally unjustifiable. Science is neither
Christian nor Jewish, neither Mohammedan nor Agnostic,
but universal. Its object is to study the laws of the world
in which we live, to determine them with the senses and
by the light which nature has provided us with, and to
apply the results of our researches for the benefit and the
weal of our fellow-men, and afford us a better perception
of the relations between man and his Creator. Science is
perfectly independent of faith, belief or religion ; these can
kave no influence upon our investigations and if anything,
they become an impediment to the unprejudiced concep-
tion of the phenomena we undertake to observe. It is true
there was a time when ecclesiasticism claimed authority to
control science and place it in the crustean bed of orthodox
Read June 3i, 1899, before the Medico-Legal Society.
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\
176 CHRISTIAN SCIENCE AND THE LAW.
belief, but enlightenment and civilization have finally
secured perfect independence for scientific investigation
and the investigators of nature's secrets need no longer
inquire whether their discoveries militate against the let-
ter of Holy writ, but are at full liberty to maintain fear-
lessly in the face of the whole world, what truths they
have found.
The Gallileos of to-day stand no longer in fear of being
consigned to a dungeon until they recant, the Keplers may
boldly proclaim their new scientific theories without wait-
ing for their dying hour, so that no evil may befall them,
a Giordano Bruno need no longer face the funeral pjnre,
Darwin, Huxley, Tyndal, Spencer, Buchner, may disregard
the ecclesiastical authorities and compel the churches to
trim the sail to the scientific breeze. Science stands for
itself and upon its own pedestal. Christian Science is jus-
tified only if it applies to matters of doctrine and faith, of
dogma and creed, and belongs altogether to the domain of
theology. Of course, that science cannot concern us here,
and the admissibility of Professor Dr. Briggs as a priest of
the Episcopal Church, or, as for that matter, religious con-
troversies of whatever nature, can not be made the subject
of investigation or discussion before this body.
Science and Christianity are separate and distinct, and
the moment the former is qualified as Christian or Mahom-
metan, or Brahman, or Jewish, it is barred out the Temple
of Science. As independent and free, science must and
should be as free and independent as religion, or the
churches which stand before the world as the representa-
tives of religion. At least in this country, which in
theory and by the pact of constitutional enactment, has
divorced state and church, every man is free to believe
what his conscience or emotion leads him to have faith in,
to worship God in the manner he sees fit, and to practice
' Digitized by VjOOQIC
CHMSTIAN SCIENCE AND THE LAW. 177
such cereiiionies as he considers divinely ordained. That
is, if these practices do not interfere with the political,
civic and social rights of his neighbor, and do not endan-
ger public health and morals. Nobody objects to the
Shaker shaking as much as he pleases, to the Quaker
wearing whatever costume he sees fit, or to an Oneida
community living under a socialistic arrangement, but the
State decidedly objects to and will not permit polygamy
or polyandry, however much the people believing in the
gospel of the I^atter Day Saints claim these practices part
of their belief, nor are public processions of a religious
character, which offend dissenters, permitted, because the
State is sovereign and will not sanction the disturbance of
public peace. Nor may Salvationists disturb the rest of
the community by making night hideous with drum, tam-
borine, or trombone. As far as I know, Christian Science
has not yet received the recognition of the State, or of any
learned faculty, as a scientific body, nor have I ever heard
of any application made by the body issuing diplomas of
C S. D. for recognition. Then the question arises, should
these people who claim to heal and cure diseases and at-
tend the sick be allowed to practice, as in hundreds of
cases they do, without the authority of any of the bodies
recognized by the State as legitimate grantors of such au-
thority ?
The law insists upon the production of a diploma by the
medical practitioner, issued by a recognized scientific au-
thority, such as a college or an university, before he can
practice as a physician. Such a law is in force in ev^
well-regulated community, in all civilized countries. It is
demanded in the interest of public health and morals. A
young man may have gone through a regular course of
studies, but possesses not the accomplishment and finish to
pass an examination and receive his diploma. He is not
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178 CHRISTIAN SCIENCE AND THE I-AW.
allowed to practice as a medical attendant, and the State,
as well as the medical organizations of the State or County,
are charged with bringing the violators of the law before
the administrators of justice. The healers of the Christian
Science creed do not claim to possess the knowledge re-
quired by medical faculties, they disclaim any connection
with medical science and throw ridicule upon the practice
of medicine, or of administering any drugs or medicaments
to the patient entrusted to their charge. The careful read-
ing and re-reading of the Bible issued by their prophet,
Mrs. Eddy, is, in their eyes, more efficient than any sub-
stance in the pharmacopoeia. In the opinion of Mrs. Eddy
sickness is but imagination, an afiFection of the mind, and
if the patient will make up his or her mind that his or her
body is not aflFected by any disease, the flesh will yield to
the spirit and the imagination of health. Of course, prayer
must assist in driving away the imagination with which,
for the time being, the patient is possessed. Scarlet fever
will yield, according to the revelation of Mrs. Eddy, to
this persuasion, or incantation, as I would prefer to call it,
as well as measles or small-pox, or even cancer. Typhoid
fever, or inflammatory rheumatism, fly away in the face of
the exorcists as the unclean spirits in the presence of holy
water. Whether these scientists would^dare to brave the
presence of cholera or the bubonic plague, has not yet been
demonstrated. At any rate, whether a cure is effected or
not, it makes no difference. The fee is collected in ad-
vance, and dispensaries have not been established yet Ac-
cording to Mrs. Eddy, the payment of the fee in advance
is indispensable, as confirming the faith of the patient in
the power of the healers — a lesson which ordinary physi-
cians might profitably copy.
Whether prayer, incantation and persuasion is as efficient
as quinine, phenacetine and other anti-febrines in allaying
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CinaSTIAN SCIENCE AND THE LAW. 179
fever, I am not competent to discuss, though I am frank to
confess that I have not the slightest confidence in the rem-
^ies of the Christian Scientists, and it may be a debatable
question whether in case of sickness the pater or mater-
familias has not the right, under our constitution, to call
in the assistance of a Christian Scientist in preference to a
regular medical practitioner, but the neglect of calling in
a competent scientist may endanger the health of the
whole community.
The law makes it the sworn duty of the physicians to
bring to the notice of the sanitary authorities all cases of
a contagious or infectious character, in fact, all zymotic
diseases, in order to protect the health of the public and to
guard against the spread of disease of a malignant character.
The consequence of the absence of a regular physician has
been shown. A few weeks ago, in Chicago, a child died of
diphtheria without medical attendance, infecting other
members of the family. Is it not the duty of the State to
interfere in order to safeguard the health of those people
who have no faith in the power of Christian Science ? Of
course, everybody has a right to look upon matter as a
mere reflection of spirit, and call in prayer meetings as an
adjunct to the remedies which the disbelieving doctor may
prescribe, and he may have the right, which is very quest-
ionable, however, to expose the health and life of the
members of his own family, but he has certainly no right
to expose the health and life of other people to his peculiar
belief. Of course, my purpose this evening is only to dis-
cuss the matter, and that merely superficially in its medico-
legal aspect, and to point out the need of paying more
serious attention to this modem fad, which is spreading to
an alarming extent, as has been shown by a number of
cases which recently occurred where people have fallen
victims to the belief in Christian Science.
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180 CHRISTIAN SCIENCE AND THE LAW.
That there is a defect in our laws dealing with these
eventualities has been demonstrated by the embarrassment
in which the guardians of law find themselves, and I think
it but timely that this question be considered in all its
bearings, without prejudice and bias by competent men,
and report be made to the Society of such measures or laws
or amendments to the existing laws which would put an
end to this homicidal freedom which endangers the lives
of innocent children and ignorant dupes. In my opinion
a committee should be appointed by this Society, to exam-
ine the question and make a report next fall.
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CHRISTIAN SCIENCE AND THE LAW.
BY HOWARD ELUS, ESQ., OF NEW YORK.
I have come, most willingly, to take part in the dis-
cussion of Mr. EUinger's paper, " Christian Science and the
Law." Any contribution I can make to the great work of
this Society, I gladly bring.
Medicine and the law work together here, to cure ills,
physical and moral. I know that it is bluntly said that
the law deals not with morals, but with rules of action ;
but rules of action are based upon rules of just conduct, as
between man and man. I may go farther. Mr. Henry
Havemeyer stated, before the Trusts Committee, at Wash-
ington, that business was not philanthropy ; but business,
in any proper meaning of the term, could not exist unless
based upon the consideration of fair intercourse of ex-
change in the affairs of life.
Speaking as a lawyer, political science, our especial
charge, has demonstrated that in a country of ireedom and
law the highest manhood is developed. Christianity and
civilization go hand in hand. The utmost expression and
individuality is to be found here. The father and the son,
the husband and brother, and woman in all her beauty of
person and of character, here is known. The rights and
loves of children are demonstrative, and any assaults
thereon are visited with public condemnation. The man,
as elector, soldier, or worker, attracts the admiration of
mankind, elsewhere, and this is all the production of
equality before the law, and an unbroken responsibility to
Re«d at June Session, Medico-Legal Society, 1899.
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182 CHRISTIAN SCIENCE AND THE LAW.
it " Equal duties from all " finds itself confronted with
" Equal rights for all.*'
I speak in behalf of the law upon the question now to
be considered. The responsibilities ot the law> are una-
voidable, and they are endless. These responsibilities
arise because absolute reason, the law itself, must be ap-
plied to human aflfairs. I mean that human reason which
may be applied to the practical affairs of life. In war the
laws are silent; in peace they are sovereign. In battle
the shot is swift ; in the law, though " it travels with a
leaden foot, it strikes with an iron hand." That sover-
eignty controls every matter in which the community is con-
cerned ; professed faith as well as medical science, wherever
they are to be applied. Toleration is not license ; it is a
defence, and scientific research may not cover an empiri-
cism. A combination of faith and science, if practicable,
cannot avoid the authority and control of the law.
In all the affairs of life relating to human action, the
true philosophy is jurisprudence. It is not a speculation.
Jurisprudence is applied morality — morality in its pure
sense ; the relations and conduct of men. It is in this re-
gard that the law administers the affairs of men. Bacon
was the first of lawyers and the first of philosophers. He
constructed a philosophy from the facts of life ; no glitter-
ing generalities mastered him.
The immediate question to-night is, whether physic and
faith may be combined in a course of healing, and being
so combined, defy the law. I apprehend, such a combina-
tion, though allied with force, must yield obedience to the
law. It is an axiom of the law that the law must treat
intellectually every controversy. No matter what may be
involved, counsel must present intelligently, it not with
power, for the consideration of the judges, every disputed
fact, that an adjudication may be made. Sir James Scarlett
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CHRISTIAN SCIENCE AND THE LAW. 183
Studied fractures for six months to punish a libeller of a
surgeon, and in England to-day queen's counsel are ascer-
taining the validity of ritualistic practices. Yet no one is
more sensitive to the truth than the lawyer, no one njore
modest in presenting it. We look on all hands for aid in
that we do not understand ; the expert is our creation.
To-night '* Christian Science," a term chosen by those
who pursue, let me say at this moment, certain practices,
not a practice — that being the point at issue — is to be re-
solved as something in law harmless or noxious. Did this
cult "minister to a mind diseased," cure a Macbeth's mel-
ancholy for his soul in old age, or take the sting from an
Othello's anguish, we could applaud it.
That the rules of law, animated by pure human reason ,
can resolve thiii question, I have no doubt. By them can
be determined whether Christian Science is already de-
nounced by the law, or whether it is a mischief for which
a remedy is to be found. These rules can fix the limits ot
faith and ascertain the boundaries of science.
What is faith? It is that personal relation, in Christi-
anity, which the individual soul has to God. That rela-
tion is direct and it cannot be controlled, certainly not
traded upon. Faith to-day has shaken off its shackles*
Neither priest, pastor nor preacher may demand obedience.
Authority is in abeyance, ministration is subordinated and
doctrine withers, when the soul seeks its refuge. And
Science is the ascertained relations of things material.
These cannot be joined. To reduce a faith to science is
to take its life. A great sect has preached the truth, a
fact only, but its zeal, taken from the old faith, wearing
out, it now seems to be threadbare and forlorn.
To call a treatment of a disturbed physical condition a
fiaith science cure, is to violate the sense of words. And
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184 CKRISTIAN SCIENCE AND THE lAW.
it is that false doctrine against which Christians were
warned at the beginning.
The care of a person out of health, or of one in any way
injured, may be divided into ministration, nursing and
treatment The first is at the hands of some relative or
other person interested in the patient, who may encour-
age or cheer the sufferer, but cannot pass that limit And
the nurse, though qualified by a two years' course of study
and even extended and successful work, dare not treat with
any form of remedy.
" Treatment " is distinctly a process of physical cure.
It is applied to a person, and when so applied for a fee it
is practice, and it is in the clear sense of the term practice
of physic, the act of a physician.
It is contended that the Christian Science cure is not
practice of medicine, within the prohibition of the statute,
ch. 398, Laws of 1895, which reads: "Any person who, not
being then lawfully authorized to practice medicine within
this State and so registered according to law, shall practice
medicine within this State without being lawfully regis-
tered, etc., shall be guilty of a misdemeanor, and upon con-
viction shall pay a fine of not more than $250 or imprison-
ment for six months for the first offence, and for a second
offence shall pay a fine of not more than $500 or be im-
prisoned not more than one year, or both.''
But the less is contained in the greater. The use of a
medicament is a mere part of treatment. At the great
cures in Europe, the things forbidden are the feature. The
first authority upon this cure. Professor Erb of Heidelberg,
said to me at a consultation, that he could not understand
how American physicians could justify the giving to deli-
cate and ailing women strong drugs, poisons even, as tonics.
The treatment is practice, and the authorization of treat-
ment by the ignorant, the unscrupulous and the mercenary.
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CHRISTIAN SCIENCE AND THE LAW. 185
/
shocks the moral sense, the distinctive sense of the jurist.
Public prosecutors may temporize — ^they are a temporiz-
ing lot, — and the judges may interpose their customary
doubts ; but if the words " practice of medicine " must be
ruled to fix a limitation, which shall require the use of a
prescription of drugs, the act of 1895 being a penal statute,
then must a law be enacted defining the offenses, the
frightful outrages, leading even to the death of the victim,
of the Christian Scientists, and declaring the punishment.
Faith is sacred and Science is truth, the absolute fact,
and no craft, hatetul word, the base cunning of man, priest-
craft, the pretence of the practitioner, nor the insolence of
the lawyer, can be permitted to use and abuse them, or
either of them.
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CHRISTIAN SCIENCE AND THE LAW.
BY CAROL NORTON, C. S, D., OF NEW YORK.
I have been asked as a representative of the Christian
Science movement to offer a brief review of the legal
aspects of our system, to state its religio-philosophical
basis, and outline its natural trend.
I take my pen to comply with this request in the spirit
of fraternal fellowship with all searchers for religious and
curative truth. As a Christian Scientist I respect all
honest opposition to the views I represent, and as a citizen
of the Republic, join hands with all who labor to protect
the public from fanaticism, charlatanism, and unscientific
practice in therapeutical activity and in religion.
Christian Science means first, last, and always, the
demonstrable understanding of the Science of Mind, alias
God, the Deity. It stands for the scientific mastery, reli-
gious and curative, of the Christian teaching of Jesus, and
the Monotheism of the Hebrew teachings of the Old Testa-
ment Christian Science is not new. Its methods ante-
date the Christian era, and its healing work is but a revival
of a lost element of the teaching and practice of Christ
With Jesus Christ the religion which is named after Him
and is embraced by the foremost nations of earth, is two-
fold in nature, reformatory and curative. Christianity,
rightly lived and demonstrated, means regeneration to the
depraved nature, and bodily health to the pain-racked or
sick body. The first three centuries of our Christian era
were periods of great spiritual enlightenment and physical
Read at the June Sesaion, Medico- Legal Sodetj, 1899.
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CHRISTIAN SCIENCE AND THE LAW. 187
healing, through mental or spiritual means, without drugs
or material methods. This correlated system disappeared
through the negligence of the third century Christians
and remained a lost art in the list of Christian privileges
and duties until its recovery or re-discovery through the
instrumentality of Mary Baker Eddy, in 1866. Her self-
evident recovery of one of the vital elements of the reli-
gion of the New Testament has been followed in less than
thirty-four years by its acceptance by upwards of two mil-
lion persons in all parts of the world, by the formation of
some five hundred church organizations, and by the heal-
ing of nearly two million cases of hopeless disease. This
is a truly practical record of good works. Its detail and
genuineness are open to the honest investigation of any
truth-seeker or opposer.
When Christ commanded His followers to preach the
Gospel to all people. He also directed them to heal the
sick, and established the method himself, namely : mental
or spiritual Mind healing. Jesus neither used drugs nor
advised their use. His healing and that of the first three
centuries was not supernatural, but divinely natural. Me-
taphysical therapeutics represents the third step of rational
progress in curative science and is as much in advance
of Allopathy and Homeopathy as these systems present
methods in advance of the Indian medicine man and the
sorcerer. Progress in the curative art has always come in
spite of human nature rather than because of it The
human mind slowly accepts the self evident results of ad-
vanced ways and means while antagonizing the premises
offered. In religion Christian Science is truly catholic,
because it seeks the full obedience of a//, as opposed to a
part of Christ's commands. It therefore meets with the
condemnation of the religionists who are obeying a portion
of His commands, perchance innocently asleep to the full
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188 CHRISTIAN SCIENCE AND THE LAW.
import and power of the undivided garment of Christianity.
In the curative world Christian Science meets with op-
position which, as a rule, is based on that humanly in-
stinctive tendency of mortal nature, which from habit,
training, and custom sees danger in all that displaces estab-
lished systems. This tendency of the human mind has a
peculiar ability to ignore confirming facts in support of the
new order and always evinces a phase of sentimental loy-
alty to the ancient and crude methods, which is quite out
of keeping with its protestations of interest in the moral
and physical welfare of the people.
Christian Science Mind healing is to thousands a part of
genuine Christianity. It must therefore be dealt with as
a religious act or system. The f nodus operandi oi its heal-
ing can be truthfully deuominated **The highest form of
enlightened prayer to Almighty God, alias the Principle
of the Universe." This prayer is not the method of the
faith curist, nor is it the incantation of the ignorant de-
votee. Hypnotism, mind cure, mesmerism, and suggestive
therapeutics are antipodes of the scientific procedure of
Christian Science As a system it is based on a demon-
strable premise of mental Causation. Its anatomy, diag-
nosis, analysis of symptoms, prevention, and cure are all
consistently mental, not physical. By this it is affirmed
that mental, not physical, cause and eflfect are always dealt
with. The unreality of disease and pain in Christian Sci-
ence means, in a common sense way, that these conditions
are essentially abnormal ; hence curable by a right appli-
cation of the divine Principle of health and its laws. This
curative Principle for evil and disease is God, or divine
Nature, Can the use of this eternal Element be forbidden
by statutory prohibition? Christian Science is not the
practice of medicine. It eschews the use of drugs. The
courts invariably hold that medical practice mhst be un-
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CHRISTIAN SCIENCE AND THE LAW. , 18S
derstood as the physical use of drugs and medicines.
Christian Science healers are therefore not practicing med-
icine, but carrying 6u the humanitarian work of alleviating
hnman woe and healing the sick. Thousands are healed
by Christian Science of such diseases as cancer, tumor,
consumption, deafness, paralysis, hip diseases, and drug
and alcohol habits, after the best medical skill has failed.
I stand ready to give addresses, dates, and names of physi-
cians of both schools in full support of this claim. There-
fore the deduction is made that the system is not a menace
to the public health, but is its best friend. Furthermore
if the method is healing so many cases pronounced incura-
ble by regular medical experts, the thousands who die
without having had the privilege of Christian Science
treatment have been allowed to pass away without the
possibility of restoration through this method that so often
saves suffering mortals from the grave itself. Again the
Christian Scientists gladly invite that their practical results
in epidemics of disease be compared with those of regular
physicians. A system of therapeutics like a system of re-
ligion should be judged by its uniform successes, not by its
isolated failures. Justice demands this. Our national Bill
of Rights not only accords the individual the privileges of
conscience and religious conviction, but names life, lib-
erty, and the pursuit of happiness, as among the inalien-
able rights of man. The attainment of painless existence
and health here and now is certainly the pursuit of liberty
and happiness. If popular schools of medicine fail to give
these desires of the heart, these privileges of life, shall
mortal man assume the prerogative of Deity and say " be
treated by authorized and so-called regular methods; if
these fail, die in a regular way or suffer on in the author-
ized way of popular custom, but you shall not have the
right to employ a follower of Christ, who imitates His
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190 CHRISTIAN SCIENCE AND THE LAW.
ways of cure and heals, — but according to our schools, in
an irregular way?"
I fearlessly aflSrm that the members of the Medico-Legal
Society will, with all honest minds, answer No^ thrice no !
such things shall not be. When surgeons cease to perform
unsuccessful operations, when our earnest and humanita-
rian friends, the doctors, never lose a case, but cure all
their patients, then, and only then, can Christian Science
be judged by its isolated failures, and all its grand
works of burdens lifted, lives purified and bodies made
whole, be systematically ignored and buried.
And before I close let one further point be briefly exam-
ined— the question of the right of compensation in the
healing work of Christian Science. One of the tenets of
Christian civilization is that '* the laborer is worthy of his
hire." The law of equivalents or compensation is uni-
versal. Lawyers receive fees for defending the rights of
their fellows, doctors receive pay for the humane labor of
alleviating^ human misery, clergymen accept salaries for
obeying Christ's commands, and religionists receive re-
muneration for doing good to their fellow-men. All live
by the law of humanitarian reciprocity. Why then should
the Christian Scientist, who is a physician, minister,
helper, and reformer, be an object of charity and go about
as a mendicant ? All Scientists, as is the case with all
earnest reformers, do a vast amount of purely philanthropic
work. In closing let it be reaffirmed in the words of the
Christian Science text-book. Science and Healthy ztnth Key
to the Scriptures^ by Mrs. Eddy, "God will heal the
sick through man whenever man is governed by God."
Let the system be compared with the teachings of Christ,
let its healing work be judged by its actual results, let
tolerant examination be substituted for partisan condemna-
tion ; then, and then only, can it be seen in its true light
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CHRISTIAN SCIENCE AND THE LAW. 191
as a friend of good morals and the public health, and as
the demon3trable understanding of the Christian religion
according to the Bible and Jesus Christ
To the members of this Society I extend earnest greet-
ing. I thank you for the spirit of impartial investigation
so conspicuously shown in your proceedings, and it is with
most cordial regard that I comply with the request of your
officers.
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BY H. GERALD CHAPIN, ESQ., Lt. M., OF NEW YORK.
It is needless to allude to the deep interest that the pres-
ent subject must necessarily excite, roused, as it has been,
by numerous cases alleged, and in some instances actually
proven, to have occurred, in which death has ensued, due
to a lack of proper medical attendance, the patient or his
friends having been believers in so-called Christian Science
Healing. But before we come to take up any such strin-
gent remedy as legislative action, let us pause and consider.
In the first place, viewing Christian Science merely as
a religion, there can, we believe, be scarcely any doubt of
an absolute lack of authority, resident in any law-making
body in this country, to declare unlawful the observance
of the precepts of a particular cult where such precepts do
not bring about results positively injurious to the commu-
nity at large. A power to prohibit polygamy or polyandry
no one may dispute, nor, as one of the speakers has said,
may the Salvation Army be permitted to disturb the quiet of
the neighborhood with sound of cymbals or tamborine. It
is a very far step from this, however, when we say to a
man, " You must employ a member of such and such a
medical school when you or one of your family is ill." To
my mind, an act like this comes quite close to being an
exceedingly dangerous infringement upon the liberty of
the individual. If I am ill, I challenge the right of any
legislature in the world to indicate whether, and how, I
shall be treated. It is an intensely wearisome platitude to
Read at June Session, Medico-I^egal Society, 1899.
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CHRISTIAN SCIENCE AND TllE LAW. 193
say that the very best way to favor a religion is to perse-
cute it, and it is very questionable whether anything would
give quite the impetus to Christian Science that a few pen-
alizing statutes would. Remember that this is not merely
the question of a preference for some particular school of
medicine. The followers of Mrs. Eddy have bound up
their system of medicine with their religion, if one falls
the other must fall also. The author was talking, some
time ago, with the somewhat cynical proprietor of a well
known patent medicine whose advertisements we see upon
every fence, and during the course of the conversation
asked him, " Now just as a matter of fact, between our-
selves, is there really anything in the claim that that
mixture of yours will cure all the list of diseases that you
say it will ?" The answer I received was, " Well, it won't
do people any positive harm, and a man will believe any-
thing you tell him about his religion and his health, so,
may-be, it really does somebody a little good." It is be-
cause the Christian Scientists have combined the two that
there will be an infinity of trouble in enforcing any pro-
hibitive act, and the moment one is passed it is easy to
prophesy that a cry of religious persecution will be raised
that will operate to bring a goodly nnpiber of recruits into
the fold.
But putting aside all questions of a religious aspect of
the matter, let us look at the subject purely from a medical
standpoint. While disclaiming any affiliation with the
sect, it is questionable whether some good is not attained
through their methods in a certain limited class of cases.
Every physician realizes the important role played by im-
agination when he remembers the vast number of cases
which exist of hysterical origin. In such as hysterical
paralysis, hysterical aphonia, hysterical motor ataxia, and
hysterical dermographism, where the true seat of the dis^
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194 CHRISTIAN SCIENCE AND THE LAW.
ease is in the imagination alone, the Christian Scientist
may almost contend on an equal plane with the graduate
of a medical school. The cure is as easy and as efficacious
whether the patient takes bread pills or submits to a pre-
tended operation for the purpose of humoring him and
persuading hitp that a cure has been effected, or is made
to believe that a beneficent Deity has interposed for his
especial benefit No one who has visited the cathedrals
in Catholic cities can fail to be impressed with the heaps
of crutches and canes that are shown as testimonials of the
. medicinal properties of the thigh-bone or ear-tip of some
particular saint That a person has entered the shrine of
our Lady at lyourdes on crutches, after having been treated
for a long time without success by the medical fraternity,
has thrown them away and walked forth cured, to all ap-
pearances, may be conceded. That there was anything
really the matter with such an individual beyond a per-
verted imagination, may be denied. If the hypnotist is
able to cause a blister to arise by informing the subject
that he is touching him with a red hot iron, when, as a
matter of fact, he touches him with nothing more harmful
than the tip of his finger, we are certainly justified in allow-
ing wide latitude to the powers of the imagination.
"But," someone may ask, "how about contagious or in-
fectious diseases, when nothing is done to prevent their
spread?" To that it may be answered, that while the citi-
zen may have the right to call upon a Christian Scientist,
if he so desires, to attend himself or his family, that being
a purely personal matter, he has no right to endanger the
lives of his neighbors. By all means let the holder of a C. S.
D. diploma practice in all cases, if anyone can prostitute his
reasoning powers so that he believes in an ability to cure
by Christian Science methods such diseases as small-pox,
diphtheria, or typhoid fever; but let such "Healer" act
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CHRISTIAN SCIENCR AND THE LAW. 195
under the same supervision as does the holder of an M. D.,
who is required to notify the Board of Health of vthe exist-
ence of the malady and is compelled to see to it that proper
means are adopted by isolation, &c., to prevent the spread
of the disease.
Let us be just and consider that in all probability no
science is so inexact as that of medicine. Mind, we are not
speaking of surgery, but medicine pure and simple. Call
in half a dozen physicians and you will usually, if the case
presents any complicated features at all, have at least four
of them diflFer in the diagnosis. There is scarcely any pro-
fession which hates more to depart from given lines. Hyp-
notism, after over fiity years of struggle, is just beginning
to be recognized as a possible aid in eflFccting cures of a
mind diseased. What an uphill fight did Dr. Morton have
in introducing chloroform as an anaesthetic? How long
was it before the virtue of vaccination began to be recog-
nized, and how long was it before the pioneers who urged
that heated roohis and loads of blankets was no way in
which to treat a fever patient ceased to be looked upon as
dangerous lunatics ? Who cannot remember the memora-
ble struggle between the " regulars " and the homeopaths,
and the battle which is even now being waged between
the allied forces and the osteopathic school? While the
professors of Christian Science may go much too far in
their claims, some credit must be given them, and just
what amount of credence should be placed in their meth-
ods, must be determined by the individual patient, or should
he not be capable of acting for himself, then by those to
whom the law has confided the duty of protecting him.
On the whole, the case seems one where each individual
may be permitted to act as he or she thinks best about
calling in a Christian Science Healer, and any legislation
which would tend to restrict this privilege, would be far too
paternalistic to deserve anything but failure.
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BY JOHN CARROLL LATHROP, C. S. B.
I did not come here this evening with an idea of speak-
ing, bnt simply, if called upon, to subscribe to the admira-
ble paper on the subject by Mr. Norton, which you have
just heard.
Those of you who have listened to these truthful words
in a fair, impartial and receptive attitude of mind, will un-
derstand the points made, and know more about this won-
derful subject than you have known, for this Science must
be approached in this spirit, else it cannot be understood.
To those who have not done this, I will simply say, and
lay great stress on this point, that you cannot eliminate
the religious element of Christian Science as you would
do, for it is the Almighty God, the divine and infinite
Mind which accomplishes the healing work in this Science
and does the very marvels in this system to which you
take exception. Can you legislate against the Lawgiver
and Healer? It* there a court of justice, jury or judge in
this great land of ours who would deny this power to the
infinite Mind and enact laws prohibiting this saving and
elevating work ? Remember that there really is but one
Judge, but one Lawgiver, and we have no fear that He
will allow our justices of the peace, in moments of deci-
sion, to be governed by any but the loftiest of motives.
It is not this carnal mind of ours which performs these
cures of the sick, or pretends to, and here Christian Science
differs from all other healing systems. This carnal or ma-
terial mind is incapable of comprehending this healing
Addreas before the Medico-Legal Society, June 21, 1899.
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CHRISTIAN SCIENCE AND THE LAW. 197
work, for what says Paul the apostle, " But the natural
man receiveth not the things of the Spirit of God, for they
are foolishness unto him ; neither can he know them, be-
cause they are spiritually discerned." It is this nature of
thought, which cannot grasp these higher truths, that con-
demns this Science.
We did not hold our Metropolitan Opera House Lecture
to defy the law, as one speaker has stated, nor in any sense
as a defence. Christian Science needs no defence. It is
daily justifying itself by making better men and women,
and the good people, those Christian Scientists who sit
here before you, can all testify to having been lifted out of
many chains of disease, and also out of the very condition
of thought which is making this attack to-night.
Friends, we all felt once just as you do now, but after
many years of suffering, physical and mental, we have
grown out of the rut of our ignorance and become happy
and healthy people through understanding the wonderful
spiritual Truth which Christian Science reveals.
Christian Science is simply following the teachings of
our Master, Christ Jesus, plain and unmistakable, and does
the works which he did and came to teach humanity to do
1800 years ago.
Digitized by VjOOQIC
PSYCHOLOGICAL.
This Department is conducted with the following Associate
Editors :
Jadge Abnm H. Dalley, Brooklyiit N. Y. Henry Hulst, M. D., Grand Rapidi, Mkb.
Prof. A. A. D*Anoona, San Prandsco, Cal. R. J. Nunn, M. D., Savannah, Ga.
II. S. Dmyton, M. D., N. Y. A. B. Osborne, M. D., Cal.
M. BlUnger, Bsq.. N. Y. City. Jaa. T. Searcey, M. D., Tuscaloowu Ala.
Dr. Havelock miM. Tendon. U. O. B. Wineate. M. lf„ MUwaakee, Wis.
ThomM>n Jay Hudson, Esq., Wash., D. C. Prof. W. Xavier Sudduth, Chicago, 111.
Wm. I«ee Howard, M. D., Baltimore, Md.
as the organ of the Psychological Section.
The Psychological Section of the Medico- Legal Society has
been organized, to which any member, Active, Corresponding
or Honorary, is eligible on payment of an annual enrollment
fee or dues of $1.50.
Any student of Psychological Science is eligible to unite with
the Section without joining the Medico Legal Society on an
annual subscription of $1.50, payable in advance and receive
the Mbdico-Legai^'Journai, free. The officers for 1899 are
as follows:
CkairmaHf
Prof. W. XAVIHR SUDDUTH, op Chicago, Iix.
LEGAL AND SCIENTIFIC. MEDICAL,
Vice-Chairmen. Vice-chairmen.
Clark Bell, Baq., of New York. Tames R. Cocke, M. D.. of Boston. Mass.
aer. Antoinette B. Blackwell. of N. Y. T. D. Crothers, M. D.. of Hartford, Conn.
Harold Browett, Kaq., Shanghai, China. P. B. Daniel, M. D., of Aostin. Texas.
C. Van D. Chenoweth, Worcester, Mass. H. S. Drayton, M. D., of New York,
iudee Abram H Dailey, of Brooklyn. Wm. Lee Howard, M. D , of Baltimore, Md.
roritz Bllineer, Hsq., of New York. Henry Hulst, M. D., Grand Rapids. Mich.
Rev. Phebe A. Hanaford, of New York. Prof. Thomas Bassett Keyes, of Chicago.
Thompson Jay Hudson, B8q.,Wa8h'n,D.C. K. J. Nunn, M. D., of Savannah, Ga.
Sophia McClelland, of New York. A. E. Osborne. M. D., of Glen Bllen. Cal.
Mrs. Jacob P. Miller, of New York. Jas. T. Searcy, M. D., Tuscaloosa, Ala.
U. O. B. Wingate, M. D., Milwaukee, Wis.
Mrs. Mary Louise Thomas, of New York.
Secretary and 7>easvrer»
CLARK BBLL, BSQ., OF New York.
Executive Committee.
CLARK BBLL, BsQ., Chairman. ^
CAROLINB J. TAYLOR, Secretary.
M. BUinger, Bsq. ' Jndge A. H. Dailey. Geo. W. Grover. M. D.
8. B. W. McLeod, M. D. Ida Trafford Bell. H. W. Mitchell, M. D.
Digitized by VjOOQIC
PARAPHASIA.
BY HART VANCE, ESQ., OF LOUISVI*LLE, KY.
The inhabitants of Gratton, whose normal oscillation of in-
terest was only between the ever>'day life of a prosperous vil-
lage and the mild momentousness of County Court Day, had
just experienced an unprecedented series of sensations, and
were in that state of unanimous attention in which the veri-
similitude of the old Greek Chorus is sometimes vindicated.
The death of Mrs. Rogers itself had been their greatest oc-
casion of discussion since the election of Robert Garrard as
United States Senator had amazed them eleven years before.
Not only did it moot anew all the curious considerations bear-
ing upon her disposal of an immense fortune, but her undi-
vulged solution of the problem, was of very serious import
in a town whose prosperity would be so largely dependent on
the character of her successor in social and plutocratic pre-
miership.
This topic, however, had been violently interrupted, after
only two days, by news that Judge Mackenzie was dead — had
been found dead in his office. Then had come an untrace-
able rumor of murder, and then, forestalling even the full
sense of this, the astounding report that the will of Mrs.
Rogers, of which Judge Mackenzie had been supposedly the
custodian, was not to be found.
This report had been verified by the Judge's partner, whom
Sam Tracey had intercepted between the office and the
stricken household.
"I do not really know, however," Col. Duncan had added,
"that there was such a will. I certainly thought there was,
but I find the grounds of my impression very vague at pres-
ent Mrs. Rogers was his client — not niine — and one of those
clients whose confidence he kept individually. There was a
scaled memorandum in my safe of the combination of his, but
I had never seen it until today, and knew practically nothing
of his papers."
So complete had been the reversion of interest to the sub-
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200 PSVCHOLOGICAL.
ject of the great demise that Sam Tracey neither inquired nor
was questioned as to particuars of the tragedy of the day,
though public information in that respect was very indefinite.
The Chorus was engrossed with the new doubt about the
will. Throughout the rife speculation on the question of suc-
cession, there had been no surmise that Mrs. Rogers might be
intestate. The reasons for devise were so patent and so im-
perative that voluntary intestacy on her part was inconceiv-
able.
One result of the mere portent now, that she might have
"let the law take Jts course," was an odd shifting of sympa-
thies in reference to the two young men whose destinies were
most essentially involved.
These were Garrard Curtis and Roger Wallace, the nephews
respectively of Mrs. Rogers and her husband — young Wallace
being more precisely designated, in the parlance of the town,
as "the posthumous nephew of Walter Rogers."
Curtis, as the nearest relative of his aunt and alone in his
degree, was, legally, heir of the whole estate, it having vested
m her absolutely under the will of her husband ; but the prac-
tically unanimous sentiment of the community recognized a
higher equity in the case, regarding Roger Wallace as in real-
ity a pretermitted heir of his uncle and not less entitled cer-
tainly than her own kinsman to consideration by the widow.
Though it bad never been explicitv avowed, no one had
doubted that Mrs. Rogers herself held this view and would act
accordingly.
A sort of partisanship had undeniably developed concemino:
the local preeminence for which the two heirs were virtuallv
candidates, but it was clear that no one had -contemplated
Rosrer's entire exclusion from the inheritance, and now, when
this seemed the probable event, there was no want of unison
in the choral expression of regret.
The youne men differed notably, and their spontaneous fac-
tions were correspondingly constituted. Curtis had oiven
uniform evidence of his dominant characteristics: He had
organized locally the Young Men's Christian Association, was
Superintendent of the Presbyterian Sunday School and had
been, since his teens, an acknowledged leader in all eleemosy-
nary and evangelical movements. Phil Hemdon had pro-
nounced his piety too much of a business to be purely of un-
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PSYCHOLOGICAL. 201
worldly origin, but Phil Heradon was the town's licentiate in
animadversion, and his comments were utterly futile among
those in whose esteem Curtis had established himself, — suc-
cessful men whose social and commercial weight availed him
more than the vis humane of twice as many thriftless free
hearts or nimble wits.
Roger on the other hand was nowise a frequenter of con-
ventional grounds of approbation. Before he was sixteen,
indeed, he had established a very positive independence, even
of those criterions of his own order which, being most arbi-
trary ,are necessarily most imperative: Conceiving an impulsive
admiration for David Menzies, the son of his tutor, he distin-
guished him with extravagant marks of friendship. The mis-
association might have been ignored, but the blazoning of it
was not to be tolerated, and the self-appointed censors of "Tiie
Connection" decided upon a rigorous discountenancing of
the Menzies boy. Thereupon, however, the native master-
hood of the young patrician took such startling effect in sum-
mary counter-proscriptions that the decree against his friend
was incontinently withdrawn, while Mrs. Rogers smiled over
the affair, in a way that scarcely augured any special reproba-
tion of her nephew-in-law.
The vivid personality thus foretokened had developed truly.
His intuitions were still punctual and his pursuance of them
unconditional. His character seemed en rapport with the
sheer human that subsists in everyone: He had "the faculty
of bringing out the best in people." The disinterested were
his emphatic friends; and he had no explicit enemies, though
there were some, local personages defining themselves as con-
servatives, in whom grave apprehensions arose when they con-
sidered the possibility of his getting hold of the vast Rogers
property to give effect to his erratic impulses and notions.
They couldn't help liking the boy, but Heaven only knew
what mischievous absurdities he would be capable of with such
means at his command! Even these, however, — Curtis' most
pronounced partisans of the day before — sincerely deplored
the non-appearance of the will.
During the night a rumor hovered about the town that
Judge Mackenzie was not really dead, and The Gratton Micro-
cosm of the next morning said:
"At 5. "30 last evening Judge Mackenzie was found pros-
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202 PSYCHOLOGICAL.
trate on his office floor, and a hasty inference that he was
dead was put into circulation. He was in a profound coma-
tose state, but, even before the arrival of Dr. Hayden, it had
been ascertained that he breathed. He was promptly removed
to his home, where he has had unremitted medical attention
in the meantime. At 1:20 a. m., the family physician fur-
nished our representative with the following!^ bulletin:
*'*Cotna persists. Cause apoplectic. No evidence of tratiniatism,
though stroke has probably been' aggravated by cranial vibration inci-
dent to fall. Prognosis grare. Hknrv Ashbt. '
"The report of the non-discovery of the will of Mrs. Rogers,
believed to be in Jud^e Mackenzie's possession, was unfortu-
nately true; but the associated rumor of a criminal element
in the tragedy, seems to have been entirely groundless. The
foregoing statement of the physician in attendance and the
fact that Judge Mackenzie's safe was found securely closed,
should set it at rest."
The paper proceeded, evidently paraphrasing Col. Duncan,
to suggest the possibility that no such will existed, but this
surmise was still without sedative effect on the prevailing ex-
citement, and before noon it had been entirely confuted by
the statement of Andrew Beckman, the manager of Mrs.
Roger's home farm, that he, together with Ben Chaplin, of
Lawton, had witnessed her signature to her will and delivery
of the paper to Judge Mackenzie. He knew nothing, how-
ever, of the purport of the instrument.
The Judge's condition was unchanged that day. Complete
unconsciousness continued likewise during the next — which
was Sunday. The physicians reported an approximation of
the normal in pulse, temperature, and respiration, but did not
construe this as an au.gur\' of recovery. The monotony even
of high tension began to tell on the people — '*to the same dull
effect that ordinary everyday monotony produces" — as Phil
Hemdon said. The public attention wandered. An unusual
share of it was given to the not-at-all-unusual arrival of Sen-
ator Garrard and his brief visit to his sister, Mrs. Curtis ; and
Mrs Rogers' funeral engrossed it for hours.
Monday morning the doctors still reported no material
change in their patient.
During the day, it transpired that application would be
made to the County Court at its next term, a week later, for
administration of the Rogers' estate; and there was some. wild
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PSYCHOLOGICAL. 203
comment, but this soon subsided into the conclusion, that,
under the circumstances, an administrator could scarcely be
dispensed with.
Late in the day, there was an "unofficial" report that Judge
Mackenzie had regained consciousness; but the physicians
divulged nothing that night.
Their bulletin, in The Microcosm next morning, was:
"AAer io:oo a. m. yesterday, Jadge Mackenzie rallied slowly from
ptolonged ooma. Reflexes restcn^ during afternoon, with transient ex-
citability. Eyes responded to light and semi-consciousness was evinced
about nightfall. Dextral hemiplegia indicated but residual symptoms
not clearly defined. At midnight, patient, when addressed, made evi-
dent efibrt to reply. Phonation inarticulate. Nourishment administered
at 12:25 &• °^ Sleep, seemingly natural, succeeded and continues at
1:50 a.m. Apparent condition not ominous, but favorable prognosis
unassured.'*
About 9 o'clock, a manuscript bulletin appeared in the win-
dow of the Microcosm office:
"Judge Mackenzie awoke at 8: 30 a. m. Consciousness restored. Hemi-
plegia and complete aphasia, probably permanent, exist Functions
otherwise apparently normal. Prognostics of fatal termination elimin-
ated."
Then Phil Hemdon issued a bulletin, — concluding the series:
" Inadequacy of supply to demand for dictionaries paralleled only in
the case of umbrellas during a rainstorm. Prognosis, endemic cacoepia
sesquipedaliana. ' '
A decided relaxation of the public mind — deferred slightly
during recourse, no doubt, to the imputed dictionaries —
ensued.
Developments were slower for the next few days. David
Menzies, now official stenographer of the Court of Common
Pleas in the state metropolis, was in town. He was a great
favorite with the old Judge and had been allowed to visit him.
Two days later, he was seen coming from the Mackenzie
home, bearing in his hand a case somewhat like the poHshed
wood cap of a sewing machine, and, in his countenance, such
an appalled expression, that it was immediately construed and
promulgated as news of a fatal relapse on the part of the pa-
tient- When questioned on the subject, however, two or
three hours afterwards, David declared that the Judge was
better than he had been since the attack and good for a num-
ber of years yet, and — some important work.
Gossip was current Saturday to the eflfect that the appoint-
ment of an administrator would be contested, — ^with vague
intimations of unimaginable developments.
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204 PSYCHOLOGICAL.
Next day an unknown young man appeared at church. It
was learned that he was the celebrated Dr. Pryor, of New
York, and an impression got abroad that he was to perform
some miracle of modem surgery in Judge Mackenzie's case.
The court room was thronged Monday morning, when
Judge Morton took the bench. Senator Garrard sat with
the members of the bar and was, of course, recognized first in
the call for motions. He asked that Mr. R. G. Curtis, the
nearest relative and sole heir of the decedent, be appointed
administrator of the estate of I^Irs. Virginia Rogers.
Garrard Curtis sat beside him, evincing, in countenance
and attitude, an unwonted constraint.
"No wonder/' whispered Phil Hemdon, in the audience,
"A fellow that has just caught Fortune by the feathers, doesn't
dare even to think hard — especially such thoughts as are lurk-
ing in his head just now about the Rogers two millions. Til
bet he hasn't an eleemosynary scheme about him, even fo*
luck."
The Senator's tone was so assured — he treated his motioi
as such a finality, almost perfunctorily — that there was a dis-
tinct sensation, despite the general presage of extraordinary
issues, when Col. Duncan arose and quietly suggested that
consideration of Senator Garrard's motion might prove fruit-
less, since he himself, was about to ask probate of the last
will and testament of Mrs. Rogers.
"The application for probate of course obviates the ques-
tion of administration," said the Judge, "Do you wish to pre-
sent the will at once?"
"We will prove the execution first, if the Court will set an
hour," replied Col. Duncan.
When the case was reached on the docket, Judge Morton
said:
"Now Col. Duncan, I will hear you. Are you ready to
offer the will?"
"We have not the instrument itself, your Honor, but pro-
pose to prove it."
"Has it been lost?"
"It is missing. We may not be able to show whether it
has been destroyed or merely suppressed, but we can, if nec-
essary, show by whom it was removed from the proper cus-
tody."
Digitized by VjOOQIC
PSYCHOLOGICAL. 205
Garrard Curtis whispered to Senator Garrard and the latter
arose.
"In a proceeding so extraordinary," he said slowly, "it is
due my client, as primarily the chief party in interest and the
on€ whose interest cannot be effected otherwise than adversely
by the establishment of a will, that time be given him to meet
such evidence as may be produced here. I ask continuance
of the matter till the next term of the Court or at least an ad-
journment for one week."
'There are imperative reasons, your Honor," said Col. Dun-
can, "For immediate development of our evidence. The least
delay may extinguish the most essential parts of it and defeat
entirely the purpose of the testatrix. The only witness of the
will in its leg^l entirety, is in a condition so precarious that we
cannot count upon his testimony even a week hence."
Continuance was denied, the Judge saying, "The interest
of the heir-at-law is not irretrievable. The Circuit Court is not
restricted in reviewing probate, to the evidence adduced here."
Ben Chaplin and Andrew Beckman were then called suc-
cessively and testified, that on the 9th of May of the previous
year, they had, at the request of Mrs. Rogers, gone to her
house, and, in her library, had subscribed, as witnesses of her
signature thereto, a paper which she had declared to be her
will, and, in their presence, had delivered to Judge Mackenzie,
asking him to keep it in his safe until it should be needed.
They knew nothing of its contents or subsequent history.
Col. Duncan stated under oath, that since Mrs. Rogers'
death, he had searched thoroughly the safe in which, as he
learned from Judge Mackenzie, the will had been kept, and
that the instrument was not there.
"Call Judge Mackenzie," he then requested.
During the next few minutes, while the deputy sheriff's
voice resounded in the hall, and the Court waited, there was
an irrepressible buzz of excited comment in the audience.
Was it possible that the great surgeon had restored the lost
speech? Was that what Col. Duncan meant when he said
Judge Mackenzie had told him Mrs. Rogers' will was kept in
the safe? He had told Sam Tracey he did not really know
there had been such a will. Something wonderful must have
happened.
The spring doors were held open by the sheriff and a by-
Digitized by VjOOQIC
206 PSYCHOLOGICAL.
stander and Sam Tracey and David Menzies came in, bear-
ing between them an invalid's chair, in which sat the next
witness.
The well-known, clean-shaven face, with unabated eyes, was
the salient feature of the entering group. Nothing the matter
there, it seemed to the spectator, except, perhaps, a little in-
equality of the muscular tension of the two sides, and that
might be due to the peculiar interference of the right arm
with his expression: This member was drawn up fixedly
against the breast, the wrist dropped and the first two joints
of each finger flexed with a strange claw-like effect, while
the face was slightly inclined, as if with a sort of solicitude^ to-
ward that side.
While the bearers were placing the chair. Senator Garrard
walked up to the bench and beckoned Col. Duncan.
"I don't wish to hurt Judge Mackenzie's feelings," he said
in an undertone, "But we must make the objection of incom-
petency in his case."
"Doesn't the sensitiveness you apprehend, imply the com-
petency?" Col Duncan asked lightly.
"Both are at least questionable," was the retort, "and it lies
with you to establish the competency. The presumption of
impaired capacity is certainly as strong in the case of an
asphasiac as in that of a deaf mute."
"We admit the onus, your Honor," said the Colonel, step-
ping back and speaking with an unsubdued voice. "There
IS no need for asides in the matter. On the question of Judge
Mackenzie's competency, we are equally ready to offer primar>'
evidence in the person of the witness or the usual secondary
evidence, known as expert testimony, as the Court may prefer."
Judge Mackenzie laughed. Nearly every man present knew
that laughter. It was startlingly familiar under the circum-
stances, and still stranger seemed the fact that the instant of
mirth did away, in his face, with every trace of his affliction.
Judge Morton saw this and said:
"The Court is inclined to take the primarv evidence."
Col. Duncan smiled. "Will you question the subject?"
"Yes," said the Court. "Judge Mackenzie, this is a ques-
tion,"' the Court obviously hesitated, "on which not only your
personal consciousness but your judicial experience will en-
able you to advise me decisively. You understand the ob-
jection— ^the question?**
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PSYCHOLOGICAL. 207
Two expert stenographers awaited the answer, intently pur-
posing precision in the unique "take," but the strange utter-
ance of the witness overtaxed even the phonographic alpha-
bet used by one of them . He struggled on to the end, catch-
ing what he could, but there were several hiatuses, which
have been, perhaps imperfectly supplied in the version pven
here. The sounds produced were seemingly words, — un-
doubtedly articulate in a way, — ^but our supply of consonants
proves to be peculiarly unavailable for the purpose of repre-
senting them exactly.
"Oodi," said the witness, "Airsh skizapha, stume-ted thi-o
zessuineege, kilethe 'dna, wall-ta erogitack ethe-d'nime nid*
nowsenuth va; jasuth tub, stoark emiwny, methsvig tifinebeth
layeedorva." The speaker smiled. "D'nowfsi tisseln-nut
tath sentiwith d'natsered nuttonnack, dowla zi-ee hyphit-
settote."
While he spoke u slight discrepancy between the move-
ments of the right and left sides of his face, was perceptible — z
certain tardiness on the right, that disappeared when he
smiled.
Judge Morton's expression comprised disappointment, per-
plexity and amazement, in ^doubtful conflict with the proprie-
ties of the judicial countenance.
"I certainly cannot say that Judge Mackenzie does not un-
derstand the matter; but it has been painfully obvious that the
Coiut cannot understand him," he said, "I trust that you pro-
pose to furnish an interpreter, Col. Duncan."
"We will furnish a translation, if the Court please,— exact
and unimpeachable," Col Duncan replied. "I have allowed
Judge Mackenzie to speak thus far uninterrupted by the
process of translation in order that the Court might perceive
the attributes of language exhibited in his utterance."
"I suggest that the expert testimony is in order to put that
matter properly before the Court," interposed Senator Garrard.
*^t will not prove eventually necessary, but it will expedite
matters, if Senator Garrard is disposed to retard the truth,"
Col. Duncan retorted .
"Not to retard — only to make sure of it," his adversary re-
plied blandly.
"Call Dr. Elliot N. Pry or, please," the Colonel said to the
deputy sheriff. "He will give us the scientific rationale."
Digitized by VjOOQIC
208 PSYCHOLOGICAL.
The young celebrity took the stand and testified rapidly.
"I have examined Judge Mackenzie; the functional symp-
toms in his case are quite distinct, and they immediately de-
fined the field of causation very closely. They all come of
cerebral injury restricted entirely to the motor area. The
sensory region reports everything in good order. His intelli-
gence is not impaired. It is simply sequestrated by a de-
rangement in the machinery of communication. The right
hemiplegia has is cause among the motor-centers on the left,
probably in a hemorrhage from some branch of the middle
meningeal artery. It is not at all extraordinary. The signi-
ficant symptom is the aphasia — or more precisely, the para-
phasia. Aphasia is frequently associated with hemiplegia,
originates in various lesions, and, so, is of various kinds. It
has been noted, whenever recognizable sounds were produced,
that there was a tendency to transpose syllables and words.
The important characteristic in this instance, is the perfect
inversion of the sound-elements in each speech impulse. In
most cases the tendency is modified in its effect, by one or
the other or both of two complications: The word sensory is
involved in the injury and the verbal forms mutilated; or the
rudimentary speech-center of the right hemisphere, respond-
ing to the intellectual requisition, interlards the utterance with
correctly-spoken words of low propositional value and phonal
simplicity. Here, however, the vocal product is an exact
countertype or negative of the verbal idea.
"Such a result might, perhaps, be accounted for on several
hypotheses, differing as to the conditions but not essentially as
to the process: but Judge Mackenzie's symptoms restrict us
conclusively to one. Three cortical centres are engaged in the
projection of the speech-impulse, the superior frontal that
forms the idea, the word-sensory that furnishes the word-
images and the speech-motor that conveys the expression to
the vocal organs. Associative nerve-fibres connect each of
these with the other two; and ordinarily the word-sensory im-
parts the requisite verbal forms directly to the speech
center, a negative impression is taken there, and from
it the positive is redeveloped to be issued in actual
speech. The process is closely analogous to that of
photography. Now, it — as is indicated in this case — ^the as-
sociative fibre between the word-sensory and the speech-motor
Digitized by VjOOQIC
PSYCHOLOGICAL. 209
has been destroyed, it becomes necessary to transmit word-
images by way of the superior frontal or intellectual center
itself: A negative — to use the same figure — is taken there; a
negative-negative — or positive — is received thence by the
speech-motor and from that, of course, another negative — in-
stead of the positive — is developed for vocal production."
"The method of translation proposed here, requires simply
an artificial repetition of what is done normally at the speech-
center and, under paraphasic conditions, at the intellectual
center, — as I have described it. A negative or inverted im-
press is taken of^Judge Mackenzie's inverted or negative lan-
guage and the positive or original diction is thus restored.
I have witnessed the successful performance of this operation.''
"Is there any parallel case of record. Dr. Pryor?" Senator
Garrard asked.
"There are cases that appear to be almost exactly parallel,
though not identical," the Doctor answered. "For instance,
the Florentine genius, Leoanardo de Vinci, was at one time
deprived of his accustomed means of expression by an affection
seemingly similar to Judge Mackenzie's, but wrote a book,
nevertheless, using his left hand. His writing, however, was
unintelligible, until translated by a mirror.
"The parallelism is exact as to the method of translation re-
quired, but it is slightly defective in that the writing, pro-
duced under the continuous impulse necessary to the inchoate
motors of the right hemisphere, was inverted tfiroughout,
while in Judge Mackenzie's speech the inversion occurs, not
continuously, nor syllable by syllable nor word by word, but
impulse by impulse, and his speech-impulses are, of course,
measured by his ideas and comprise usually several words.
The analogy would have been perfect, if the Florentine had
begun at the left of the page, instead of the right, putting
^9 down there his inverted script of the first three words, say, —
the next four or five following in their reversed order, and so
on. It should be noted, however, in connection with this
comparison, that the movements of the right and left hands
are instinctively reciprocal.
"It is proper for me to add," said the Doctor, "That even
when the soimd-elements in Judge Mackenzie's utterance have
been artificially righted, it is still necessary to transpose the
words in each speech impulse. This is not difficult and the
/
Digitized by VjOOQIC
210 PSYCHOLOGICAL.
accuracy of the resulting version can be tested absolutely by
reading it to him for assent or dissent, for which signs may
readily be established?"
"What signs can be established?"
''Inarticulate musical notes, pure vowel sounds, or syllables
of perfect phonal symmetry, — all of which he can vocalize cor-
rectly— might be chosen and, under direction, used by him to
express affirmation and negation. 'No,* itself, as he produces it,
could be re;cognized after one or two trials, but 'Yes,' would
be more difficult."
"Why, in your opinion, is Judge Mackenzie exempt from
the interference with his utterance that you have said usually
comes from the right hemisphere of the brain?" the Senator
asked, as the witness was leaving the stand.
"It is because of the exceptionally high development of his
powers of expression. Only the centers on that side of the
brain in actual service conform to such special development
of the faculties, and the higher this is, the more complete the
subordination — the more lasting the abeyance, of the corres-
ponding centers of the opposite hemisphere. There has as yet
been no such interference in his case, but this condition is
probably temporary. If the present cause of aphasia prove
permanent, a compensatory development on the right will un-
doubtedly occur, when his system rallies from the general ef-
fect of his injury. In that contingency, there would be a
confusion of speech, which would render translation very diffi-
cult."
Senator Garrard contended for an opportunity of intro-
ducing evidence of the consensus of pathologists, that aphasia
is presimiptively a symptom of impaired intelligence.
""Such evidence would be entirely nugatory," said Judge
Morton. "We have proceeded on that presumption, and I am
convinced of Judge Mackenzie's competency, but if there be
any impairment, it will undoubtedly have its full effect upon
the intrinsic efficacy of his testimony. He will be heard."
The oath was administered to the witness, and to David
Menzies as interpreter. Lifting from the floor beside him,
the polished oaken case, noticed in his possession a few days
before, David opened it and placed on the table which was
part of the invalid's chair, what was recognized by a few as
a graphophone. The long trumpet-like attachment — or fun-
Digitized by VjOOQIC
PSYCHOLOGIC^. 211
nel — ^was brought near the lips of the witness, and Col . Dun-
can asked, "Judge Mackenzie, were you the custodian of the
last will and testment of Mrs. Virginia Rogers?"
David Menzies touched a little lever and those nearest saw
that the machine was in motion. The witness pronounced
into the funnel what sounded like
"Zahwai."
Another touch stopped the silent motion; the operator
rapidly removed, reversed and replaced the cylinder, ex-
changed recorder for reproducer — ^though so far as the > un-
initiated could discern, they were identical,^ — ^and put his own
ear to the aperture at which Judge Mackenzie had spoken.
The motion recommenced, and after listening for a few sec-
onds—during which an odd miniature of a voice was heard
for a moment by the others near — ^the interpreter said,
"The answer is, *I was.'"
"When was this will executed. Judge Mackenzie?" Col.
Duncan proceeded.
The graphophone was readjusted and the witness
communicated to it what the stenographers made out to be
*Th' ninethe aim, skiss- — itnine — neetay."
Judge Morton, who had stepped down from the bench, said,
"Let me hear that answer."
"It is '1896 — May the 9th,' " he announced, when the instru-
ment had spoken. "Will you listen to it. Senator?"
"No, your Honor. If the machine should make some ma-
terial statement, I may claim the privilege."
"Was this will in your possession at the time of Mrs.
Rogers' death?" asked Col. Duncan, continuing the examina-
tion.
The stenographer could not catch the exact sound — a sibil-
ant monosyllable, like "Say," it seemed — ^but David soon
rendered it as
"Yes."
"Did you see it after that time?"
'*I did," Judge Mackenzie replied . He spoke to the grapho-
phone, but there was no need of its intervention this time.
There was a slightly excessive pause between the words, but
otherwise — in enunciation and inflection — his utterance seem-
ed perfectly normal; and of course, under such circumstances,
the natural and familiar caused greater astonishment than
the preceding prodigies.
Digitized by VjOOQIC
212 TSTCROLOCICKL.
"How do you account for that symptom, Doctor?" asked
Judge Morton, "Is it an interpolation from the right hemis-
phere?"
"No," Dr. Pryor replied, "I have already accounted for it.
Judge Mackenzie has simply used a pure vowel sound and a
monosyllable of perfect phonal symmetry, — ^in two speech-im-
pulses."
"If you can, Judge Mackenzie, please state, precisely or sub-
stantially, the provisions of that will," pursued Col . Duncan .
"I object to the question," interposed Senator Garrard.
"On what grounds?" asked Judge Morton,
"The propounders have avowed knowledge as to who got
the alleged will from Judge Mackenzie, and until it is shown
that this possessor, at least, has been properly notified to prcH
duce the document here, testimony as to its contents is clearly
incompetent."
"I can serve that notice now!" exclaimed Col. Duncan,
turning towards his adversary . "We demand that — "
He stopped suddenly and blankly.
"Col. Duncan probably recalls," said Senator Garrard, with
aggravated blandness, "That such a notice cannot be served
after the trial has commenced."
"No," said the Colonel, recovering his faculties, but not his
light humor. "I was merely astonished to find that the ab-
stractor of the will, after carrying audacity so far as he has
should have absconded. The notice, however, will not be
necessary, your Honor, since we will show that the instrument
was obtained by fraud and violence."
This demonstration directed the attention of the audience,
and it was seen that Garrard Curtis had left his place beside
his uncle's chair. He was not to be discovered in the court-
room. Suddenly, in the momentary lull following the sub-
sidence of the crowd from its ocular search for him, a. voice
shot out of the midst of it.
"Look at the paper he left on the table. Senator— there by
your hat!"
"Order in the Court!" shouted the deputy sheriff, but his
real attention, like that of every one else, was fixed on Sena-
tor Garrard and the designated paper.
The Senator tried obviously to dissemble all notice of the
disorderly suggestion, but those who could see his face, saw
Digitized by VjOOQIC
PSYCHOLOGICAL. 213
his eyes pounce upon the document in a chocolate-colored
wrapper lying beside his hat and startle with perception of
the white paper, like a folded note, that lay upon it.
"Shall Judge Mackenzie answer my question, your Honor?"
asked Col. Duncan.
"Yes," said Judge Morton, scarcely getting his eyes away
from the tableau on the other side.
David Menzies touched the lever again, starting the silent
motion of the graphophone, and Judge Mackenzie spoke more
at length than he had yet spoken during the examination, but
the stenographers — even their attention distracted somewhat,
perhaps, by the Unfinished incident of the mysterious docu-
ment,—-bailed to get a coherent record of the unfamiliar sounds.
Then the cylinder was quickly reversed, reproducer substi-
tuted for recorder, and David listening at he funnel, took
stenographic notes from which, after a little while, he began to
read the translation:
"The will contained but two provisions. I remember their
purport perfectly and can repeat precisely the language of be-
quest and devise.
"The first was:
" To my nephew, Garrard Curtis,in consideration of his nat-
ural and uncorrected expectation and upon condition of his
becoming, and continuing to be, a non-resident of this State,
I bequeath twenty bonds of the United States of America of
the aggregate face value of Two Hundred Thousand Dollars,
which bonds are deposited in the American National Bank
of "
An inarticuate cry from Judge Mackenzie interrupted the
rendering of his OMm testimony. His eyes bore manifestly
and intensely upon Senator Garrard.
"Liwith! LiwithI" he cried.
C<J. Duncan comprehended the situation at a glance. Turn-
ing toward his distinguished adversary, he said,
"We demand, Senator Garrard, the production of the will of
Mrs. Rogers — ^which you now hold in your hand."
Immediately upon the resumption of the graphophonic
work, Senator Gurard had reached over and picked up the
papers to which his attention had been sensationally called.
He had slowly unfolded and apparently read the white one
and then, just as David Menzies was about to deliver the in-
Digitized by VjOOQIC
214 PSYCHOLOGICAL.
terpretation of Judge Mackenzie's last answer, had opened
the chocolate-colored folder, and seemed to be at once reading
and listening, when interrupted by the witness himself. Now
he arose, evidently under painful constraint, and said,
"I have just received from my client in this matter, directions
to file for probate this paper, which purports to be, and I sup-
pose is, the will of Mrs. Rogers. He makes a further request,
which I prefer, if your Honor please, to convey to the Court
in his own words — ^and hand."
He handed both papers to the clerk, who read the white one
aloud:
'Tlease file will and claim legacy for me. I shall fulfill
condition at once. Garrard Curtis."
At Col. Duncan's instance, the instrument was compared
with David Menzies notes of Judge Mackenzie's statement.
The clauses quoted by the witness were found to be verbally
identical with the writing. The second of these was:
"To Roger Wallace, the nephew and heir-at-law of my be-
loved husband, from whom I have derived all that I possess
and whose virtual trustee I consider myself, I bequeath and
devise the residue of my property of all kinds, whatsoever and
wheresoever it may be. In my drawer, in the vault of the
Bank of Gratton, there will be found a letter for him, in which
I make certain requests and suggestions, but these express
merely my wishes and notions, which I am confident he will
be glad to know and will give such consideration as the con-
ditions existing when he reads them may make proper. Above
all, I wish him — not only as the rightful heir of the property,
but as one whom I have found worthy of all confidence — ^to be
entirely unconstrained in possession and use of his uncle's
fortune."
Date, signature and attests were as stated by the several
witnesses. The formal clauses were irrefragable.
Let the will be admitted to record," said Judge Morton.
It transpired that when David Menzies had first visited Judge
Mackenzie during his illness, the old man had seemed to forget
his disability and addressed to his young friend an almost con-
tinuous effusion of the outlandish sounds he made; and that
as David listened, the attention of kindly courtesy had been
suddenly converted into that of intense interest. He recognized
the strange language to which he had listened for the first
Digitized by VjOOQIC
PSYCHOLOGICAL. 215
time a few days before, from a cylinder accidentally reversed
in his graphophone.
It seemed now, however, that, in the interest of the Chorus,
all the wonderful consequences of this discovery had been su-
perseded by the unsolved wonder of Garrard Curtis' conduct;
not that they marveled especially over the criminal import of
it, but that they could not conceive how he had come to pre-
serve the will.
"The most thoroughly characteristic of his actions," de-
clared Phil Herndon, when he heard the moot enigfma. "As
long as Judge Mackenzie lived, — so long, at any rate as there
was the least possibility that his knowledge might develop into
evidence, it was a necessity of Curtis' nature that he sbouM
preserve that will. It was, of course, axiomatic to his pious
mind, that, if proof of the contents of the missing instrument
should ever depend solely on the testimony of the man from
whom he had obtained it by fraud and violence, as Col. Dun-
can said, the provision in his favor would still be missing. He
neglected no chance of getting the whole pile, but he provided
carefully for just the contingency in which he supposed he
was acting today. There's Col. Duncan now! I have a law
point for him. Hold on a minute, Colonel! Were Mackenzie
& Duncan responsible for that will?"
'The senior member was," said the Colonel, "But I should
be very glad to claim it. It ife said there never was a perfect
will, but I confess I have not seen the defect in that. What
is It? You evidently impute one — or more."
"Oh! yes: it doesn't break the rule. Didn't you see that the
banishment is entirely inoperative? Just a scare-crow that
only a fool among crows would mind?"
"No, I did not," declared the Colonel . "I think he would,
without doubt, forfeit the legacy if he once violated the con-
dition. "^
"Of course he would!" mocked Herndon. "And then he
would straightway inherit as heir-at-law whatever he forfeited
as legatee. There would be all the vital difference that ex-
ists between Tweedledum and Tweedledee. Have you for-
gotten that forfeited bequests do not fall into the residue?"
"That's so!" the Colonel admitted. "But still there would
be no actual difference as the case stands. He has banished
himself very effectually, Phil," he continued as they walked
away together.
Digitized by VjOOQIC
216 PSYCHOLOGICAL.
"What was it he really did?" asked Hemdon.
"He came to the office upon the pretext of consulting the
Judge as to whether he ought not to assume at once the di-
rection, for the time being at least, of Mrs. Rogers* affairs.
The old man advised him, of course, to wait till county court
day, and to evade him left the office and started home; but re-
membering that he had only closed his safe without locking
it, he returned, and found Curtis reading the will . You know
what was sure to ensue on the Judge's part. Then, — I sup-
pose the fellow was really crazy with disappontment and rage,
perhaps with some shame — ^he struck the old man on the
head with a volume of the Digest; and thereupon, it seems, re-
covered his senses thoroughly. He certainly did his best, at
any rate, to take every advantage of the situation . If a knave
were not essentially a fool — and especially destitute of the sense
of character — ^this one might have gotten into a position to
achieve much evil, at least for Gratton. Perhaps not, for the
most remarkable thing in the whole business, Phil, is the mul-
tiplying proof, that, with all her gettings, Mrs. Rogers got
understanding."
**Humph !" said Phil . "She might have gotten enough more
on that subject from me, to have put her two hundred thou-
sand dollars to better use."
Digitized by VjOOQIC
THE PSYCHOLOGICAL SECTION OP THE MEDICO-
LEGAL SOCIETY.
This Section will meet early in the atitumn, and devote an
evening to its work, under the supervision of its Standing Com-
mittee on Experimental Psychology and Psychical Research,
of which Dr. Geo. W. Grover is chairman.
This committee embraces the following names, besides the
chairman :
Prof. Harlow Gale, of Minneapolis, Minn.; Prof. E, T.
Eskridge. M. D., of Denver, Colorado; Prof. W. Xavier Sud-
duth, of Chicago; Judge Abram H. Daily, of Brooklyn; Clark
Bell. Esq., of New York; Albert Bach, Esq., of New York;
J. Mount Bleyer, M. D., of New York and G. W. Smith, Esq.,
of New York aty.
Formal notice will be sent the members of the session.
Dr. Grover proposes to open, at this meeting, an interesting
field of inquiry and study, for the coming winter, for the
committee of which he is chairman, and to interest a large
number of students of the science be^des those now on the roll
of members. There is a large field for study before this Com-
mittee, and the interest in this department is constantly in-
creasing.
Digitized by VjOOQIC
MEDICO-LEGAL SURGERY.
J"
ASSOCIATE EDITORS.
Medical, Legal.
Granville P. Conn, M. D., Concord, N. H. Clarence A. Lightner, Bsq.. Detroit, Mich.
R. Harvey Reed, M. D., Wyomine. Judge Wm. H. Francis, New York.
Nicholas Senn, M. D., Chicago. 111. Prof; A. P. Grinnell, M. D., Burlington, Vt.
Webb J. Kelley. M. D., Gallon, Ohio.
This department is conducted as the org^an of the Section of
the Medical Jutisprudence of Surgery of the Medico-Legal So-
ciety. Its oflScers for 1899 are as follows :
Chairman.
Clark Bell, Esq., of New York.
LEGAL. Vice-Chairmen. SURGICAL. Vice-Chairmen.
udge John P. Dillon, of New York. Ch. Surg W. A. Adams, of Ft. Worth. Tex.
udge W. H. Francis, of New York. Ch. Surg. P. H. Caldwell.M. D., of PU.
Ion. J. W. Fellows, of N. H. Chief Surg. Chas. K. Cole. M. D.,of MonUna .
Hon. W. C Howell, of Iowa. Surgeon Geo. Chaffee. M. D., of Brooklyn.
Judge A. I^. Palmer, of N. B. Prof. A. P. Grihnell, M. D., of Vermont.
Hon. George R. Peck, of niinois. Ch. Surg. W. B. Outten, M. D., of Missouri.
Hon. Rastus S. Ransom of N. Y. City. Ch. Surg. John E. Owen, M. D.,of Chicago.
Hon. J. M. Thurston, of Nebraska. Surg. Gen. R. Harvey Reed, M. D.. of Wy.
Hon Allen Zollers, of Indiana. Surg. Gen. Nicholas Senn, M. D.. of HI.
Ch. Surg. S. S. Thome, M. D., of Ohia
Secretary. TVeasurer.
Clark Bell, Esq., 39 Broadway, N. Y. Judge Wm. H Francis, New York City.
39 Broadway, N. Y.
Executive Committee.
Clark Bell, Esq., Chairman.
Ch. Sur. Granville P. Conn, M. D.. of N. H. Judge A. H. Dailey, of New York.
Surg. Thomas Darlington, M. D., of N. Y. Sur.R.S.Parkhill,M.D.,of Homelsville,N.Y.
I^ S. Gilbert, Esq.. Pittsburg, Pa. Sur. Fayette H. Peck, M. D., of Utica, N. Y.
Ex-Ch. Sur. Geo. Goodfellow, M. D.,Cal. Chief Sur. T. L Pritchard of Wis.
Surgeon J. N. Hall, of Denver. Colo. Ch. Surg. F. A. StilHugs, M. D., of N. H.
Chief Surg. A. C. Scott, M. J)., of Texas. Chief Sur. Webb J. Kelly, of Ohio.
To Railway Surgeons and Railway Counsel :
We take occasion to advise you to unite with the Section of
Medico- Legal Surgery, which can now be done by an annual
subscription of $1.50, entitling each member to the Medico-
Legal Journal free.
G. P. CONN, M. D., ABRAM H. DAILEY,
Ex-Chairman Section Med.-Leg. Surgery. Ex-President Medico-Legal Society of New
York.
SAMUEL S. THORN, M. D , J. B. MURDOCH, M. D.,
Cht^ Surgeon T*., St. L. (5* K. C. Railway Surgeon and Ex-President National Asso-
Co.. Ex-President National Association ciation of Railway Surgeons,
Railway Surgeons. ^ HARVEY REED, M. D.,
R. S. HARNDEN, M. D., Surgeon General of StaU of Wyoming,
Ex-President New York StaU /<«o«a/«mHUBBARD W. MITCHEL, M. D.,
Railway Surgeons. Ex-President ErieEx-Presideni Medico-Legal Society of New
Ra ilway Surgeons. York .
Members of the Section on Medical- Legal Surgery who have
not remitted their annual subscription to the Section, will please
send same to Judge Wm. H. Francis, No. 39 Broadway, N.
Y., and members will please not confound the Section Dues
with the Annual Dues of the Society, which should be remitted
to Dr. Thomas Darlington, Treasurer, Kingsbridge, New York
City, or to the Secretaries Members of the Society or Section
will please propose names for membership in this Section.
It is proposed that members of the Society and Section each
donate one bound volume annually to the Library of the Med-
ico-Legal Society, by action of the Executive Committee.
Digitized by VjOOQIC
MEDICO-LEGAL SURGERY.
SECTION OF MEDICO-I.EGAI. SURGERY.
There will be a joint session of the Section of Medico Legal
Stirgery, with the Medico-Legal Society, on the third Wednes-
day of November, 1899. The Society of the Section will meet
at dinner — of which dne notice will be given to all the members
of the Society and of the Section. The work of the evening
will be devoted to the subject of Medico-Legal Snrgery. All
officers and members of the Section and of the Society are
invited to contribute papers to be read on that occasion, and to
send to Clark Bell, Esq., Chairman of the Section, the titles
of the papers they will contribute for the Section work. These
are desired early so as to arrange a programme in advance, smd
provide for the suitable discussion of the papers.
THE NEW YORK STATE ASSOCIATION OF RAILWAY
SURGERY.
This body will hold its Annual Meeting at the City of New
York on the i6th day of November, 1899, ^^^ ^^ attractive
programme will be presented. We shall endeavor to present a
resume of its work in our next number.
RAILWAY SURGERY AT THE, PARIS CONGRESS IN
1900.
There is a movement on foot to bring this subject before the
Intemational Medical Congress, at Paris in 1900.
Whether it will be presented by the Auxilliary Committee
under the S-'ction of Medical Jurisprudence, of which Prof.
Brouardel is President, or under the several Sections of Surgery
or Sub-sections we do not know as we go to press.
Clark Bell, Esq., is Chairman of the Section of Medico- Legal
Stirgery of the Medico- Legal Society, and will present a paper
Digitized by VjOOQIC
220 MEDICO-LEGAL SUKGERY.
to the International Medical Congress of 1900 entitled ** Rail-
way Surgery in America."
Surgeon George ChafiFee, M. D., Ex-President of the New
York Slate Association of Railway Surgeons, will present a
paper entitled " The Work of the New York State Association
of Railway Surgeons."
The oflScers and members of the Section of Medico- Legal
Surgery, who are willing to contribute articles on any topic
germane to the work of the Section for the Paris Congress of
1900, are requested to forward their names and the title of the
paper to Clark Bell, Esq., Chairman of the Section of Medico-
Legal Surgery.
The authors can have till February, 1900, to compile their
papers, but the titles should be furnished now.
The next number of this Journal will contain additional in-
telligence upon this subject.
GUNSHOT WOUNDS OF THE ABDOMEN.
Colonel Stevenson, R. A. M. C. , of Netley, opened the dis-
<:ussion of this subject, before the Section on Surgery of the
British Medical Association, under the Presidency of Turgus
H. T. Butler. His remarks are quoted at length in the Lon-
don Lancet of August 12, 1899, and we greatly regret that
want of space prevents their insertion here.
. Dr. Waid Cousins, the President of the Association of Ports-
mouth ; Dr. A. Barry Blacker, (London) ; Major W. C. Beavor,
R. A. M. C. ; Surgeons, Danner Harrison, of Liverpool ; Clem-
ent Lucas, (London); J. Paul Bush, (Clifton); Dr. James
Murphy, (Sunderland), and Surgeon-General T. F. O. Duer
took part in the discussion. ( Vide London Lancet, August
12, 1899.)
RAILWAY SURGERY.
The Section on Medico-Legal Surgery of the Medico- Legal
Society will meet in Joint Session with the Medico-Legal So-
ciety at dinner on the third Wednesday of November, 1899, at
the Hotel St. Andrew, 72nd Street and Grand Boulevard at
7 P. M. sharp. The Medico- Legal Society will meet first for
the despatch of routine business.
Digitized by VjOOQIC
MEDICOLEGAL SU&GERY. 221
The Section will tben convene under the Chairmanship of
Clark Bell, Esq., Chairman of the Section. The following
papers will be read:
I. By G. P. Conn, M. D., Chief Surgeon of the Boston and
Maine Railway, entitled ** Progress of Hygiene and Medico-
legal Surfeery.''
a. Paper by Albert Bach, Esq., entitled " A Few Sugges-
tions in Railway Surgery."
3. Paper by Andrew J. Hirschl, of the Chicago Bar, en-
titled "Dying Declarations.
The members of the State Association of Railway Surgeons,
which meet on the i6th of November, are invited to unite in
the dinner, attend the meeting, and take part in the discussion.
Digitized by VjOOQIC
TRANSACTIONS.
MEDICO-LEGAL SOCIETY.
JUNE MEETING, June 21, 1899.
President Albert Bach, Esq., in the chair. Clark Bell, Esq , Secretary,
and M. Ellinger, Esq., Corresponding Secretary.
The minutes of May meeting were read and approved.
The following were on the recommendation of the Executive Com-
mittee elected members of the society:
AcTivB Mbmbbrs.— Proposed by Clark -Bell, Esq: Hon. John R.
Nicholson, Chancelor of Delaware, Dover, Del.; Samuel D. Davies, Esq.,
Ccunsellor-at-Law, Richmond, Va.; John G. Williams, Esq , Clerk Cir-
cuit Court, Elkton, Md.; George T. Edenharter, M. D., Superintendent
State Hospital jor Insane, Indianapolis, Ind.; James W. Baboock, M D.,
Superintendent State Hospital for Insane, Columbia, S. C; Edgar J.
Spratling. M. D., New York City, and Ira W, Porter, M.D., No. 316
Sheeley Block, Omaha, Nebraska.
Proposed by Professor W. B. McVey: Alexander T. Walker, M. D.,
Falmouth, Mass.
Proposed by Albert Bach, Esq: Maurice Blumenthal, Assistant Dis-
trict Attorney, New York City.
CoRRBSPONDiN« Membbrs.— Proposed by Clark Bell, Esq: Profl
R. C. Kedzie, Chemical Department Agricultural College, Lansing, Mich.
M. Elliager, Esq., read the paper of the evening on ''Christian Science
and the Law. ' * ( Vide September number Journal. )
The paper was discussed by the following: In support of Mr. EUing-
er's paper, by Howard Ellis, Esq , of the Bar of New York; Senior
Antonio Martin Rivero, Esq , of the Bar of Havana, Cuba, and Otto
Keemper, Esq., of New York.
In opposition a paper by Carol Norton, C. S. D., was read in the
absence of the author by Mt. Stanley Burger, which appears in the
columns of the Mdico-Legal Journal.
Mr. John Carroll Lathrop spoke in opposition to Mr. EUinger's views.
His remarks are in the September Jouraal.
H. Gerard Chapin, Esq., of the Bar of New York City, read a paper.
( Vide September number Journal. )
W, A. Simmons, Esq., of the Bar of New York City, spoke.
Judge Jnnkel, of Havana, was called upon and apologized for not
uniting in the discussion.
M. Ellinger moved the adoption of the following resolution at the dose
of the debate, which was seconded by Mr. Bell and unanimously adopted:
''That a committee be named by the Chair, to whom the subject of
'Christian Science and the Law' be referred, with power to make such
recommendations as to appropriate legislation as they should deem
advisable."
The chair said he would announce the committee later.
The following committee was subsequently appointed by the President:
Digitized by VjOOQIC
TRANSACTIONS. 223
Horitz Bllinger, Bsq.» chairman; Clark Bell, Esq., Howard Ellis, Esq.,
H. Oerald Chapin, Esq., LL. B., Hon. Raatos S. Ransom, Judge Abram
H. Dailey, and H. W. Mitchell, Esq.
The report of the delegates of the society to the Paris International
Congress on the Abuse of Alcoholic Drinks was then made by Charles D.
Shepaid, M. D., which was ordered placed on file and printed in the
Journal.
The chairman of the Maybrick Memorial Committee reported the pro-
gress of the work of the committee. The report was read and ordered
filed and printed.
The secretary introduced Fidel G. Pierra, a member of this society, who
has just landed from Cuba, as chairman of a committee representing the
holders of mortgages on the Island of Cuba.
Mr. Pierra had been delegated to act for the formation of an auzilliary
society in Cuba, spoke—
i« Explaining the unsettled condition of a£Bdr8 at present existing in
Cuba as a reason why present action looking towards the establishment
of a branch society there was now impossible and would have to be de-
fend until later.
3. On the present social, political and financial status of the island,
and the work of progress made by the Government of the United States
in establishing government under the military rule. The speaker had
visited Washington as chairman of a commission of Cubans representing
the mortgage creditors of the island to the Government, composed as
ibUows: Fidel G. Pierra, chairman; Dr. Ignacio Remirez, Dr. Emilo
del Junco, Mr. Aguilins Ordonez and Dr. Pedro Galbis.
The Secretary announced the death of the following prominent mem*
bers of the Sodety: Dr. Norman Kerr, of London; Dr. W. W. Godding,
lateSttpt Govt Insane Hospital, Washington, D. C; Auguste Voi^,
of Plaris, France; Dr. John B. Hamilton, of Chicago; Dr. Jabez Hogg, of
Ixmdon; Dr J. D. Moncure, Supt. of Insane Hospital, Va.; Dr. L. A.
ToarteDot, late supt of Utica, New York, and Hull Fanton, Esq., ci
UtmUmr Palls, New York.
Mr. Clark Bell spoke as to the great loss the iodety and the scientific
wotld had sustained in the loss of Dr. Norman Kerr, of London, one of
the Vice Presidents of the Medioo-L^al Congress held in this country in
1889, 1893 and 1895, and one of the associate editors of the Medico-L^al
JowMd. He read a sketch contributed by Dr. T. D. Crodiers, to the
' of Dr. Norman Kerr, as follows:
Dr. Norman Kerr died May toth, at Hastings, England, of Bright's
disease. He had been an invalid only a few months and continued in
active practice up to hisdeparture from London to Hastings. He wa866
Mrs of age, was educated at Glasgow and spent most of Us professional
life la London.
He was the most widely known authority in the world on inebriety,
and one of the most active promoters of the &cts of the disease and cura-
bOky of inebriety. He was the author of a medical text book on ine-
faffiety which has alreadv passed through three editions. He also wrote
a book on '*Wines, Scrmtnral and Ecdesiastical*' which was the centre
of anidi controversy ana considered a very valuable work.
Dr. Kerr has been a very voluminous writer and lecturer on all phases
of inebriety. He wasjmsident of the International Congress for the
itedy of inebriety in iw6, in London, and president of the society for the
Digitized by VjOOQIC
224 TRANSACTIONS.
Study of inebriety, and many other societies both in this country and
Europe.
Dr. Kerr was a clear, graphic writer and scientific student whose re-
searches were broad and conservative, always supported by a large array '
of &cts, that were conclusive. His influence was more powerful than
anj other man in Eur(^>e in changing public sentiment regarding ine-
briety. His researches awakened new interests among the medicu pro-
fession, and roused inquiry which has literall]^ created a new department
of study in the field of P^chicatory. He will be remembered as the
great pioneer worker and leader in this new field of research. Person-
ally, Dr. Kerr was an enthusistic magnetic man, who very markedly im-
pressed every one with the accuracv of his statements and the great
mimess and candor in the presentation of them. His pai>ers were always
very practical and convincing. Many of them were reprinted and were
very widely circulated. The papers contributed to the Medico-Le|;al
Society were classical and were referred to as the highest authoritative
statements on the subject.
Dr. Kerr has done signal service to the cause of science by opening
a new realm of study in inebriety and will be remembered far down in '
the future as one of the few men who led his age and generation in this
new field of success.
Mr. Bell paid a tribute to the memory of Dr. W. W. Godding, Augoste
Vosin, of Paris, and the others named and spoke feelingly of the heavy
loss sustained by the society in the recent death of these members and
asked leave to notice them in the Journal, which was granted.
Mr. Clark Bell reported, as acting Treasurer, the receipts since the last
report from dues and initiation fees of members, the expenditures, and
the total cash in the treasury, which was received and ordered on file.
There was a large attendance.
ALBERT BACH, President,
CLARK BELL, Secretary.
Mr. Chairman, and Ladibs and Grnti^embn op thb Mbdico-LbgaIt
Socibty:
Your dele^tes to the Seventh International Congress on the Abuse of
Alcohol, held in Paris, April 5th ti> the 9th, were favored by compara-
tively mild breezes across the ocean.
On arriving at Paris our credentials were well received, and my fellow
delegate, Dr. T. D. Crothers, was mode one of the vice-pre«idenls. This
Congress was the largest and most successful of any European ^thering
held on this subject, and indicated that the Europeans are waking up to •
a more serious study of the alcohol qu^tion.
Monday evening, April 3rd, there mn given a Tea, introducing the
members to one another. The total registration was between eleven and
twelve hundred, and many count' ies^were represented. Among others
outside of France and the United States, were Germany, Austria, Russia,
Belgium, Finland, England and Canada. The president of the Congress,
Dr. Legrand, of Paris, made the oi>ening speech. The first general ses-
sion was presided over by the Minister of Public Instruction from Bel-
gium. Then came the Secretary's Report, by Dr. Boissier, occupying
twenty minutes, after which followed a number of five minute speeches.
All were received with a great deal of enthusiasm. There was a statuette
of our Frances Willard on the president's table, and some complimentary
words were said of this American representative, as well as of others. In
the afternoon there was a long speech by M. Henri Brisson, late Prime
Minister of France. A few prominent scientists like Dr. Baer, of Berlin;
Dr. Porel, of Zurich; Dr. Smythe, of Vienna, and Dr. EipU Jordy, ot
Switzerland, were there with papers, but the fact stood out very dis-
tinctly, that the public sentiment in Europe was about fifty years behind
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TRANSACTIONS. 225
usin America on the temperance qnestion. The title of the Conness
was significant, it was against the Abuse of Alcoholic bererages, and yet
it was a notable thing that such a number of prominent Europeans should
gather tc^ther in the interest of this cause.
The opinion is very prevalent in our country that the drinking of wine
and beer in France and on the Continent Is commendable, and that in-
toxication is rare. This is shown to be a great mistake, from the fact
that Prance is the most drunken country in the world. Already some of
her wisest men have sounded the note of alarm, and the attention of the
government has been called to the subject
During the sessions of the Congress a remarkable article was published
by M. Camel^, the chief editor of the Figaro, one of the principal news-
papers of Pans, the concludingnparagraph of which was as follows:
"It would be well for every Frencmman to rise every morning with the
thought that he belongs to tiie race that consumes the modt alcohol.
Now, alcohol is death to the race. Alcohol will kill the Europeans as it
killed the Indiuis of the Western Continent Alcohol means disease,
means tuberculosis, means decay, sterility, impotence. Alcohol is an-
other vTord for wickedness, crueltv, vice and insanity. Alcohol means
misery, down&ll of nations, and the best way to prove patriotism, and to
be use^ to one's country, is to fight against alcoholism. '*
Statistics show that in France and Belgium the consumption of alcohol
increases, while in other countries it diminishes. France leads the list
with a yearly consumption of 14.19 litres for eadi person, while Canada
i*i placed att^e bottom of the list with 2.50 litres to each person. If ever
France is to be redeemed, it must come through the abolition of King
Alcohol, along -with the deadly absinthe, and the destructive tobacco,
and pa3ring more attention to the laws of nature. One good symptom is
that Paris is now snppUed with excellent drinking water. Germany, >as
well as other grape growing countries, are becoming seriously affectM by
the excessive use of spirits. This was demonstrated by the largest gath-
ering of s^emment officials and representatives of many sections for the
ameHoration of the condition of the people, as well as a large number of
medical men and clergymen, to protest against the use of alcohol as a
beverage. One hundred and fifty papers and addresses were offered dur-
ing the four days session, and a freemscussionof the many phases of the
alcohol question was permitted, particular attention being given to the
danger of alcohol as a beverage, as well as the danger of mcderate drink-
ing. Both Catholic and Protestant clergymen vied with each other in
calling attention to this danger, and emphasized it with much vehemence.
A few eminent physicians followed with reasons and statistical facts sus*
taining the clergymen, and some lawyers and jurists were not behind in
giving their evidence. These were received with great enthusiasm by
the audience, composed as it was of reformers and representarives of dif-
ferent orders of temperance societies. Among the delegates to the Con-
gress were a large number of women who earned off the palm for earnest-
ness and eloquence.
No special policy or line of work was adopted by the Congress, but
among the points insisted upon by the papers was that of tea(3iine the
truths to children, the improvement of home, and the increase of per-
sonal vigor, health and longevity, the diminution of sickness, crime and
pauperism, and to us the self evident proposition that total abstinence
IS not dangerous, nor the withdrawal of spirits in any way hurtfuL It
was indeed a revelation to Continental Europe to see a thousand men
and women of all grades of society gravely discussing a question which
was nrnpooed to be confined to a few radical reformers.
In the afternoon of the second day a reception was given to the dele-
gates of the Congress by the members of the Municipu Council of Paris,
at the Hotel de VUle.
Thunday evening there was a banquet, at which about 500 participat-
ed. The most successful after dinner speaker was a German priest, and
this showed that the French people are making some progress toward
tolerating the German language as well as the Germans Uiemselves.
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226 TRANSACTIONS.
On Saturday a special eTcnraion to the palace at Veraaillea was another
courtesy extended by the authorities to the delegates. The Congress ad-
journed to meet ag^n in two years at Vienna.
During a short visit to London we were tendered a reception by the
English Society for the Stndy and Cure of Inebriety, presided over by
Dr. Norman Kerr. The gathering was held at the London Medical So-
ciety's Rooms. Dr. Kerr made some exceedingly complimentary re-
marks and congratulations were in order, to which your delegates re-
sponded, referring to the work of the Medico-Legal Society.
Since our return the papers have notified us that Dr. Kerr has passed
into the great beyond. Failing health had banished from his field of
work in London, and he had come fifty miles to gives us his greeting.
A noble man has fallen and his bright example will encourage many
others to follow in his footsteps of usefulness.
There was also a reception given us on the eve of our departure by the
National Temperance Society of London, which was attended by a
number of prominent physicians and workers in the temperance field*
among others Dr. Sims Woodhead, Professor of Pathology at Cambridge,
and Dr. J. J. Ridge, of London, who has taken the place occupied by the
late Sir Benjamin Ward Richardson, as President of the Temperance
Hospital in London, and John T. Rae, the able son of Robert Rae, who
has so long been a prominent worker in the Temperance cause of Great
Britain. We were made to feel thoroughly at home and enjoyed their
many kindnesses.
In review we can but express our satisfaction with the trip. We had
an opportunity of visiting and enjoving the hospitalities of three dis-
tinctively different nationalities, ana were everywhere the recipients of
much courtsey, and we also feel satisfied that the results of the Congress
will be far reaching and give decidely important impetus to the cause of -
Total Abstinence.
CHAS. H. SHEPARD, M. D.
8i Columbia Heights, Brooklyn, New York.
\
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EDITORIAL.
THE CRIMINAL APPEARANCE.
The "Speaker" has an interesting article under this title in
which it is claimed that there is such a distinct family resem-
blance in criminals as to be easily recognizable, without re-
quiring the abilities of a Lombroso to detect it. Exempting
a few cases of first offenders, who have fallen victims to a
sudden, temptation, the resemblance of criminals as a class is
apparent even to the casual observer. In the habitual offen-
der, the true natural criminal, the author claims "that it is
extraordinary how closely one resembles another within cer-
tain well defined limits." ^
All students of criminology recognize this as a fact and
LcMnbroso makes it the basis of his theory of the criminal type.
Experienced judges of long practice in the criminal courts
recognize this, and the physiognomy is rarely at fault, espe-
cially where it is pronounced and well developed.
This is also believed by chiefs of police and prison officials
who have had large experience amoilg, and contact with, habit-
ual criminals. The writer in the "Speaker" divides criminals
into two classes, and in the ordinary sense only two classes:
the one order relating to crimes where brutality is the motive,
the other meanness. The one class relating as a rule to
offences against the person or an individual, the other against
property.
These classes while differing in detail in many physical
features, both arf stamped with the same general characteris-
tics All the members in either class are extraordinarily alike,
whilst in both classes one finds something which is not exactly
the expression of a definite characteristic, but constitutes such
a general air and appearance, as at once marks the convict.
The type of these two classes although they may "have been
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228 EDITORIAl^
cast in exactly opposite kind of moulds, the action of the
criminal life has worn both down to a dead level of sameness."
So that while at first sight the greater divergences may not be
readily apparent; a closer examination would reveal startling
differences.
The one class may present as a characteristic an expression
bold and aggressive; the other servile and cringing. The one
may be brutal and the other cowardly, but in both and each
there will be presented that forbidding aspect that causes the
child to cry or the dog to snarl at the sight of the criminal
face. We have an intuitive sense of what all men recognize
as a criminal, it may have the hang-dog look, or the sneak
thief air. We instantly recognize it and we never associate
that open, honest, face with a crime which we never see in a
criminal.
If in a case of doubt the accused had, what we all recognize
as a good, honest, truthful face, the jury would rarely con-
vict. If the face was of the opposite or criminal type the
verdict would often be the other way.
Abnormalities in natural characteristics often reveal the
criminal. This is shown by facial and physical measure-
ments.
The criminal is not found with the usual, ordinary, average
and normal measurements. Take the head for example. In
the criminal it is either abnormally large or abnormally small ;
rarely medium or average size. His lips are either very thin
or compressed; or the reverse very thick and flabby. His
eyes very small, beady and sunken, or very aggressive and
staring. His hands very delicate and small, or very large
and coarse; his forehead very low and narrow and receding;
or very square and protruding; his neck very long and thin, or
very short and thick; the physical characteristics rarely normal,
usually abnormal.
Hepworth Dixon says, "A handsome face is a thing rarely
seen in a prison. "Beautiful faces," says another expert.
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BDITORIA1-. 229
"are rarely found in criminals." The writer in the "Speaker"
quotes both these and says:
"If one thinks of those who have been convicted during the
last ten years one can lecall few instances of notorious pris-
oners with any claim to good looks. Mrs. Maybrick and
Mrs. Osborne form exceptions but no others rise to the
mind."
We do not know as to Mrs. Osborne, but the good, hon-
est, beautiful and truthful face of Mrs. Maybrick fully justi-
fies the universal belief in her innocence, that prevails among
the great mass of her countrymen and all Englishmen who
know her.
Her face is quite incompatible with g^ilt, and it is a marvel
that the writer in the "Speaker" did not see from her face, in
the light shown by a careful inspection of it, that she was in-
nocent of the crime for which she suffers so unjustly a long
continued imprisonment. It was Capt. Dreyfus' honest, and
not criminal face, that satisfied all the world outside of France
of his innocence before the suicide of Henry, his confessions,
and those of Esterhazy demonstrated it. Neither Capt. Drey-
fus nor Mrs. Maybrick are criminals. They neither of them
have a criminal face.
The composite criminal face is obtained by photographing
one criminal face upon another in large numbers and the face
remaining is a clear, well-pronounced face of the well'known
criminal type.
Havelock Ellis printed an example of this type of face in his
Book on Criminality.
Every one recognizes it instinctively and instantly at a glance
as the face of a criminal.
This portrait in Dr. Havelock Ellis' book closely resembles
the face of a man who by some singular eccentricity of the
chapter of accidents is a member of the Bar of New York City.
He is not well-known, and can not necessarily acquire promi-
nence nor distinction in that profession at least on the meritor-
ious side.
Digitized by VjOOQIC
230 EDITORIA-L.
If I should reproduce that face without labelling it at all,
the strong resemblance would be at once recognized by every
one who knows this man, but few of the bar even know him.
He has thus far never been convicted of crime but those
with whom he has practiced, pronounce him as entirely des-
titute of any moral instincts. He is a monumental liar. Fre-
quently lying where the truth would have served his purpose
better, and from sheer love of lying. He has no superior in
mendacity, and if he keeps out of prison it will be a marvel.
The physiognomist asserts, and no doubt truthfully, that
crime and criminal instincts and propensities are reflected in
the human face.
I believe it to be true. The habitual criminal usually carries
in his face the ineradicable evidence of his criminal life, in-
stincts and propensities.
Where we see it fully developed, well-defined and undeni-
able, we may feel sure of the criminal.
It is much like the evidence the face gfives in a similar way
of the existence of insanity.
In the famous trial of George Francis Train I asked an
eminent expert if he could swear to the existence of insanity
by the expression of the face and especially the eye.
He replied, "Yes I can frequently detect the existence of
insanity by the expression, particularly of the eye."
Q. "Is it an infallible test?"
A. "Yes, when I see it, I know and can swear positively
that It does exist. If I do not see it I can not swear posi-
tively that insanity does not exist. If present it is an infalli-
ble and sure test."
Q. "Look at those present at this trial. (The court room
was crowded, the trial proceeding before Hon. Noah Davis.)
Do you see among those present any insane person?"
A. "Yes, several."
Q. "How do you recognize them?"
A. "By the expression of the face and particularly the eye."
Q. "Would you be willing to testify positively as to these
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EDITORIAL. 231
cases without previous examination of or any personal knowl-
edge of the individuals?
A. "Yes, I see several persons in this audience that I can
state positively that I believe them to be insane, and can point
them out if desired, whose names even I do not know and
have never seen before."
Crime registers itself in the face of man, and reveals and
announces itself, to the eye of the enlightened student of the
science. The intuition of man alone, glided by the practical
and enlightened study of the subject can surely and safely de-
tect it, when it is found and revealed.
Like insanity, it does not inevitably reveal itself. It is pos-
sible that a man might be a criminal and the face and ex-
pression not register it immistakably.
I doubt if it would not in such cases be to some extent shad-
owed and faintly hidden. Its absence would not be absolute,
not be certain proof, but its presence when fully defined, clear
and undisputable, is as clear and accurate an indication o£ the
criminal as can be found, to the eye of the enlightened, intelli-
gent and accurate observer.
MEDICAL PRACTICE LAW IN BRAZIL.
In Brazil a federal law forbids the practice of medicine by
any person who has not been approved by one of the two Na-
tional Faculties, one in Rio and the other in Bahia, under pen-
alty of heavy fines and imprisonment.
The courts have recently held in two cases under violations
of this act, that the law is unconstitutional and in conflict with
the federal constitution, which in defining individual rights
says, "The free exercise of any moral, intellectual or individual
profession is guaranteed" — holding that this constitution per-
mits any one to practice medicine.
This decision is not acquiesced in by the medical profes-
sion, and an appeal to the Supreme Court of Brazil will be
taken.
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232 EDITORIA-L. »
CRIMINAL LUNATICS IN ENGLAND.
In reply to a question of Mr. Arthur O'Connor in the Eng-
lish Parliament as to the purpose of the Government regarding
the reccommendations of the English Lunacy Commissioners
regarding the care of criminal lunatics, the Home Secretary,
Sir Matthew White Ridley, said :
''The qnestion of proTiding additional accommodation for criminal
lunatics is engaging my serious attention, and inquiries are now in pro
gress, with a view of obtaining a site for the building of a new criminal
lunatic asylum.
" I propose in the course of the autumn to make the necessary appli-
cation to the Treasury.
** The male accommodation at Broadmoor is fully occupied, but there
are still vacancies for females at that establishment.
'* It is intended that accommodation in the new asylum shall be pro-
vided both for male convicts becoming insane, as well as the other more
serious cases of criminal lunatics, but it will in no case be possible to re-
lieve altogether county and borough asylums from their statutory obliga-
tion to receive lunatics."
INTERNATIONAL MEDICAL CONGRESS OF 1900,
PARIS. FRANCE.
The letter of Prof. P. Brouardel, to the Editor of this Jour-
nal of date cf April 3, 1899, was published at page 610, March
n timber, this Journal.
The Programme attached of subjects was not translated, and
so many applications have reached the Editor of this Journal
for a translation, that it becomes necessary to republish the
letter, and a translation of the programme. The Committee
and the names of those who will contribute papers and the
titles of the papers to be sent will be announced in another
column of this Journal.
INTBRNATIONAI^ CONGRBSS OF MBDICINB OP I9OO,
Paris, April 3, 1899.
Monsieur and Honored Confrere .'—The International Congress of Med-
icine, which will meet in Paris in the month of Angnst, 1900, includes a
Medico-Legal Section.
We thought that you>wonld be willing to accept the mission of forming
a local committee in the United States, which shonld undertake to or-
Digitized by VjOOQIC
EDITORIAl^ 233
ganize the participiation of the Medico-Legal Jnrifits in your conntry in
the labors of the Medico-Legal Section of the Congress.
Enclosed we have the honor to transmit jou the questions that the
French committee contemplates to study especially, and which will con-
stitute the subject of reports made by scientists, those for Prance having
been already designated.
We would feel highly pleased to have the same questions treated sim-
ultaneously and in a parallel way by foreign investigators, and we hereby
beg yon to kindly notify us ot the names of the persons in your country
who would be willing to present reports on any one of the said questions.
Such reports should be forwarded to us within the period of one year at
the least.
The Board of the French Committer is composed as follows.
President, Professor Brouardel, Dean of the Faculty of Medicine of Paris.
Secretary General, Dr. Motet, i6i Rue de Charonne, Paris.
Assistant Secretary, Dr. Thoinot 8 Rue de TOdeon, Paris.
Those gentlemen are entirely at your disposal to answer any query for
ic formation that you may do them the honor to ask.
Please receive. Sir, the assurances of our highest regards.
For the French Committee of the Section of Legal Medicine.
P. BROUARDEL, President.
To D&. CI.ARK BBI.Zr,
39 Broadway, N. Y.. U. S. A.
CONGRESS INTERNATIONAL DE MEDICINE, PARIS, 1900.
SECTION DE MEDECINE LEGALE.
QuBsnoNS D«VANT Fairb L'objeux dk Rapports.
1. Docimasie pulmonaire. Rapporteurs Francais, MM. Descoust et
Bordas.
2. Action des nouvelles poudres sans fumee sur Us vetements et sur la
peau^ Rapporteurs, MM. Thoinot et Vieille.
3. Putrefaction oculaire au point de vue de la determination de la date
de la mort. Rapporteur, M. Descoust.
4. La combustion criminelle des cadavres. Rapporteur, M. Ogier.
5. I?e la mort accidentelle par V electricite. Rapporteurs, MM. d'Ar-
sonvalet Bordas.
6. Les Lesions valvaires consecutives a des traumatismes des parois
iharaciques. Rapporteurs, MM. Castiauz et Laugier.
7. Les expertises rendues necessaires par les accidents pouvant resuUer
de V usage kabUuel d* altments ou de ooissons dont la conservation a ete
assuree par des agents ckimigues [borax, acide salicylique, formol, etc.].
Rapporteurs, MM. les professeurs Brouardel et Pouchet.
8. Des delits resultant de la pratique du magnetisme par des personnes
non diplomees. Rapporteurs, MM. Gilles de la Tourette et Rocher.
D'antres questions pourront etre traitees par les Membres du Coneres
c^ui sont in^tes a faire connaitre a Tavance le titre de leurs commtuca-
tions au Secretaire generaL
TRANSLATION,
INTERNATIONAL CONGRESS OF MEDICINE, MEDICO-LEGAL
BRANCH.
QUBSnONS WHICH WILI, CONSTITUTE THS SUBJECTS OP REPORTS.
1. •• Pulmonary Docimacy." Reports in French (French •• Rappor-
teur " ). Messrs. Descoust and Bordas.
2. ^'Actions (the effecU) of the new smokeless powder on garments
and the akin.*' Reports of Messrs. Thoinot and Vieille.
Digitized by VjOOQIC
234 EDITOSIAI^
3. " Ocnlar putrefaction as a means to detennine the date of death.*'
Report of M. Desconst
4. *• The criminal combustion of corpses." Report of M. Ogier.
5. **On accidental death by electricity.'* Reports of Messrs. d'Ar-
sonval and Bordas. t
6. " Valvular lesions consequent upon (resulting from ) the traumatism
ot the walls (coats) of the thorax." Repoits of Messrs. Castiaux and
Langier. "^
J, " Expert examination rendered necessary by the accidents which
might result from the frequent use of food or dnnks which have been
consenred by chemical agents" [borax, salycilic add, fbrmol, etc, etc].
Reports of Professors Brouarded and Pouchet
S. '* On crimes (offences) resulting from the practice of magnetism
by persons who have no diplomas.*' Repents of Messre Gilles de la
lx)urette and Rocher.
Other questions can be treated by the membera of the Congress who
are inyited to notify in advance the General Secretary of the title of their
communication.
Members of the Medico- Legal Society who will consent to
prepare contributions upon the subjects named, or upon any
other subject, to be completed and forwarded within one year
from April i, 1899, will please send their names, and the titles
of their communications, to the Editor of this Journal.
All students of Forensic Medicine, whether members of the
Medico-Legal Society or not, are embraced within this invita-
tion. The Committee, when formed under the request of the
officers of the Section, will be announced in this Journal and in
the public press.
THE SUPREME COURT OF CONNECTICUT.
The Medico- Legal Journal announces the completion of a
part of Series 5 of Vol. I, of the Supreme Court of the States
and provinces of North America, which is devoted exclusively
to the State of Connecticut.
It forms a brochure of 100 pages, giving a historical sketch
of that Court in the Colonial period as well as since the State
was organized, with biographies of the Chief Justices and
many of the Associate Justices of that bench and is enriched
with about thirty portraits of the Chief and Associate Justices
of that Court, embracing all that are accessible or nearly so^
and which have been collected with a great deal of labor and
pains.
It will be sold as a separate brochure to those who wish the
Digitized by VjOOQIC
EDITORIA1-. 285
State of Coimecticnt by itself for the poptilar price of 50 cents
a copy and it will form a part of Vol. I, of which it is a part oi
the 5th Series.
The remaining part of Series 5 of that volume will contain
the State of Rhode Island, which will also be published as a
separate brochure at the same price. Its publication, which
will shortly occur, has been delayed in obtaining portraits of
of the earlier Judges, of which a arge number have been
secured.
Series 6 of Vol. I of the same work, will also soon be com-
pleted and will contain Minnesota, New Hampshire and Ohio.
There has been unavoidable delay in obtaining portraits of the
earlier Judges of these States, and the Bar of each of said
States are appealed to, to aid the editor in securing portraits of
the earlier Judges, of which a complete list will be found in the
June and September number of this Journal.
If the Bench or Bar of these States desire to obtain separate
brochures of each State, they will be famished separately on
order at the same price — 59 cents each copy.
The price of Vol. I, containing the whole six series, can be
had for $5 per volume.
FRANCE AND JUSTICE.
It seems to be in vogue to assail Prance because of the con-
viction of Capt. Dreyfas and his terrible punishment ; and our
journals decry Prance, as if she had turned a deaf ear to the
demand that went up from the voice of the world for the re-
lease of Dreyfus, suffering for a crime of which all mankind be-
Ueved him innocent.
It is a grave error to assail Prance and Prench Justice, as
has been done in America, England and elsewhere.
It was a French Court that set aside the first conviction of
Dreyftis, for fi^ud, perjury and forgery, the proofs of which
were furnished by the officials of the Government of Prance.
It was not France that condemned Dreyfus on the second
Digitized by VjOOQIC
236 EDITORIA-L.
trial. It was a military and not a judicial Tribunal. It was
the action of a simple Conrt Martial of lesser and inferior offi-
cers, selected by the Generals who were under fire and really
on trial themselves, from among those whom they believed they
could induce, to shield themselves by his conviction, and this
Military Board, on which not one Judge sat, came within a
hair's breadth of refusing to second the wishes of the Generals
who selected it, by its verdict.
It is France and the French Government, that instantly
restored Dreyfus to liberty, without waiting for the decision of
the intermediate appellate Military Tribunal ; France that
would not rest for a day under such a doud of obloquy as that
finding of the Court Martial involved and engendered.
It was France, the old ally of America, our long-time friend,
which loves justice and truth and fair play, whose Government
trampled upon the scandalous findings of the Court Martial,
defied the mob and rehabilitated the sacred and eternal princi-
ples of justice, that has never been stained by the decision of
the Highest Judicial Tribunal of France.
Who among us would assail the integrity of the Supreme
Court of the United States, or of the American Government by
reason of the finding of a military Court Martial, in its action
respecting an American officer for violation of the- regulations
of the military code?
The highest French Court did its duty in reversing the
action in the first proceeding, and if it ever comes before that
Tribunal again, it will again set its seal of condemnation and
reversal on the affiair at Rennes.
France is entitled to our praise, not our censure — Vive la
France.
WYOMING STATE MEDICAL SOCIETY.
The third annual meeting of this body will be held at
Laramie, Wyoming, on October lo and ii, 1899, under the
Presidency of R. Harvey Reld, M. D. Surgeon-General of that
Digitized by VjOOQIC
EDITORIAL. 237
State. His Presidential address will be on the subject, " Med-
ical Legislation — Its Relation to the Laity and the Medical
Profession."
An attractive program is announced.
INTERNATIONAL MEDICAL CONGRESS OF 1900,
PARIS.
SBCTION OF FORENSIC MBDICIKB, PROP. P. BROUARBBI.,
PRBSIDBNT. ,
AMERICAN AUXILIARY COMMITTEE.
Ci^ARK BvLl,t Esq., LI/. D., dudrman, New York City.
The following Anziliary Committee is announced as organ-
ized, pursuant to the request of the o£Bcers of the Section
under the letter of April, 1898, published in March Number
of this Journal and reproduced in this issue :
Clark Bell, Esq., LL. D., President American International Medico-
Legal Congress ; ^itor Medico-Legal Journal and Ez-President Medico-
Legd Society of New York, Chairman.
Tbxicology, Prof. R. Ogden Doremus, M. D., Bx-President Medico-
Legal Society of New York ; Prof. W. B. McVey, of Boston, Mass., Tox-
ioologist, Medico-Legal Society of New York.'Ti ^
Mental Medicine, P. M. Wise, M. D., President State Lunacy Com-
mission, N. Y.; Daniel Clark, M. D., Superintendent Provincial Asylum
to Insane, Toronto, Ontario.
Military Surgery, Surgeon- General Nicholas Senn, M. D. , of Chicago;
Surgeon-General R. HarVey Reid, of Wyoming ; Major Geo.Goodfellow,
M. D., of San Francisco, CaL
Railway Surgery, Chief-Surgeon W. B. Outten, M. D., of St. Louis,
Mo., of the Missouri Pacific Railway system ; Chief-Surgeon F. H. Cald-
well, of the Plant Railway system ; Hon. Joseph W. Fellows, of Man-
chester, N. H.; Geo. Chafifee, M. D., of the Long Island Railway system,
Bz-President N. Y. State Association Railway Surgeons ; Profl W. Xavier
'Suddnth, of Chicago, 111, ;;.':!:™ - '. :::::: jl hju-.^j . ;r.>- "uv;,,^
Psychological, Vvii.'i, T. Eskridge, of Denver, Col.; Frederick Peter-
son, M. D., of New York ; D. R. Wallace, M. D., Ez-Supt State Hos-
pital to Insane, Waco, Texas; T. D. Crothers, M. D., Superintendent
Walnut Hill Home to Inebriates, Hartford, Conn.; James T. Searcy, M.
D., Superintendent Alabama State Hospital to Insane, Tuscaloosa, Ala. ;
A. E. Osborne, M. D., Superintendent, of Glen Ellen, CaL; Gea W.
Giover, M. D., Sheffield, Mass., Daniel R. Brower, M. D., Chicaga, 111.;
J. M. Henderson, M. D., Central State Hospital, Petersbnrgh, Va.; F. T.
Labadie, M. D., Assistotant Secretary, 147 Bast 56th Street, New York
City ; Wyatt Johnson, M. D., Montreal, Q., Canada.
Digitized by VjOOQIC
238 EDITORIAL.
Chemistry. I*rof. Victor C Vanghan, UniTerrity Ann Arbor, Mich.;
Geo. B. Miller, M. D., Bz-Chemist Medico-Legal Society of New York,
Philadelphia, Pa,
Sociology and Criminology. Moritz Ellinger, Esq. , ot New York City,
Corresponding-Secretary Medico-Legal Society, Secretary American In-
ternational Medico-Legal Congress and Secretary of this Committee ;
Judge Abram H. Dailey, of Brooklyn, Ex-President Medico-I^al So-
ciety of New York; Geo. F. Moore, Esq., Ex-U. S. Attorney for Ala-
bama, of Montgomery, Ala.; Rev. Phebe A. Hanaferd, of New York
City.
The followlDg, American Medico-Legal Jurists, will con-
tribute papers to this Section of the Congress, with titles as
announced :
George Chaffee, M. D., Surgeon of Long Island Railway, Ez- President
New York State Association of Railway Snrgeons, " The Work of the
New York State Association of Railway Surgeons.'*
Albert Bach, Esq., Assistant Corporation Counsel of New York City,
President Medico-I^al Society of New York, "The Rehabilitation ot
the Expert Witness."
Prof. W. Xavier Sudduth, Chairman of the Psychological Section of the
New York Medico-Legal Society, of Chicago, HI, *' Personal Mag-
netism.''
D. R. Wallace, M. D., of Waco, Texas, Ex-Superintendent State Hos-
pital for Insane, " La Combustion des Cadavers, Criminelles el Pauvres."
Michael Campbell, M. D , Superintendent Lyons' View Hospital,
Knoxville, Tennessee, '' The Rational Treatment by the Courts of the
Criminal Insane."
Capt. R. W. Shufeldt, U. S. Army, of Washington, D. C, " Psycopathia
Sexualis and Divorce."
Helen Densmore, M. D., of Brooklyn, NY., "The Cure of Consump-
tion at Patient's Home, Even in its Advanced Stages."
Prof. Thos. Bassett Keyes, M. D., of Chicago, 111 , Editor Journal and
Review of Tuberculosis, "Should Consumption be Quarantined? "
George F. Moore, Esq., Ex-U. S. Attorney for Alabama, "Desdelits
Resultant de la Pratique du Magnetism, par des Personnes non Di-
plomees."
Clark Bell, Esq., LL. D., Honorary Member Medico- Legal Society of
France, Ex-President and General Secretary Medico-Legal Society of
New York, President International Medico-Legal Congress, will con-
tribute a paper entitled "La Medicine Legale en Am eriqueen 196 Siede."
Clark Bell, Esq., LL. D., of New York, "Railway Surgery in
America."
T. D. Cxothers, M. D., Vice-President Medico-Legal Congress, Editor
Journal of Inebriety, Haitford, Conn., "Inebriate Criminals."
Montague R. Leverson, E8q.,M. D., Fort Hamilton, N. Y., "The Right
of the State to Impose Any Medical Practice or Dogma Upon its
Citizens."
Hart Vance, Esq., of Louisville, Ky., "Universal Induction, or Vis
Harmonia."
Digitized by VjOOQIC
EDITORIAL. 239
Prof. D. R. Brower, M« D., of Chicago, " Aseznalizatioti of D^;ener-
ates in ita Medico-Legal Relationa."
" I/. Bnaeignement de la Medicine- Legal dans, la Province de Que*
bee," par le Doctenn Wyatt Johnaon, M. D., et Georgea Villenenve, M«
D., de Montreal, Q,
*' Le Valenr Medlco-Legale de la Preuve de Goaio,*' par le Doctenr
WyaU Johnson, M. D., de Montreal, Q.
The foregoiag are contributions placed in charge of the Com-
mittee and will be classified later and submitted to the disposi-
tion of the Chairmen of the departments under the advice and
direction of Prof. P. Brouardel, President of the Section.
The following gentlemen have sent in their names as willing
to contribute papers or to take part in the discussion of the
eight subjects named in the letter of Prof. Brouardel, viz :
W. H. Mitchell, M. D., Bx-Preaident of the Medico-Legal Society ot
New York.
Prof. W. B. McVey, of Boston, Mass., Toxicologist of the Medico Legal
Sodetj.
Prof. Victor C Vanghan, of Ann Arbor University, Mich.
Dr. J. N. Hall, of Denver, Cola
Dr. George B. Miller, of Philadelphia, Pa.
H. Gerald Chapin, Esq., LL. B., of New York.
Carleton Simon, M. D., of New York.
Dr. Daniel Clark, Supt Provincial Hospital for Insane, Toronto, On-
tario.
Wm. Lee Howard, M. D., Vice Chairman Psychological Section Med-
ico-Legal Society, of Baltimore, Md.
Ida TrafiTord Bell, of New York, Trustee Medico-Legal Society.
M. W. Newcomer, M. D., of Indiana.
Snrgeon-General Col. R. Harvey Reed, M. D, of State of Wyoming.
Surgeon Webb J. Kelly, M. D., of Galion, Ohio, member Ex-Committee
Section Medico-L^;al Snrgery.
John J. Scott, M. D., Shreveport, La,
Prof. Daniel R. Brower, M. D., Chicago, 111.
Moritz EUinger, Esq., Secretary of the Auxiliary Committee.
J. Mount Bleyer, M. D., of New York City.
Judge Abraham H. Daily, of Brooklyn, N. Y.
W. S. Watson, M. D., Supt.,&c., Fishkill on Hudson, N. Y.
W. B. Outten, M. D., Chief Surgeon M. P. Railway system, of St.
Louis, Mo.
Dr, Justin A. Herold, of New York.
Andrew J. Hisrchl, Esq., of the Chicsgo Bar.
Bettini di Moise, M. D., Bacteriologist of the Medico-Legal Society.
Frederick L. HofBnan, Esq., of Newark, N. J.
Sophia McClelland, Westchester, N. Y.
Alexander Wilder, Newark, N. J.
The Chairman and Secretary of this Committee will fill all
Digitized by VjOOQIC
240 EDITORIAL.
vacancies occurring in the Committee by reason of death, resig-
nation or inability, or in case of refusal to act, subject to the
, approval of the Committee.
It is hoped that in case members desire to take part in the
work of the Section of Medical Jurisprudence of the Paris Inter-
national Medico- I^gal Congress, of 1900 that they will advise
the Chairman of the American Auxilliary Committee to that
Section and forward the title and a copy of the paper later.
Subsequent and additional contributions will be hereafter an-
nounced. Address all communications on this subject to
CLARK BELL, ESQ..
Chairman American Auxiliary Committee,
39 Broadway, N. Y.
or MORITZ ELUNGER, ESQ., Secretary,
care Surrogate's Office, New York City,
or F. T LABADIE, M. D., Assistant Secretary,
147 East 56th Street, New York City.
THE PRISON SYSTEM OF ENGLAND AND AMERICA
CONTRASTED.
The Hon. E. H. PIckersgill, M. P., has recently contributed
a thoughtful and most able article to the London Law Maga-
zine, contrasting the Prison Systems in America and England,
in which he takes occasion to criticise the report of Mr. Rug-
gles Brice, the Chairman of the English Commissioners of
Prisons, made to the English Parliament upon his recent visit
to the Reformatories and State Prisons of New York, Massa-
chusetts, Illinois, Ohio and Pennsylvania.
Mr. Ruggles Brice is opposed to the system known here as
the •• Indeterminate Sentence," and to the ** Parole System"
as a Reformatory measure, which he claims "violates the
fundamental principle, that punishment to be effective shall be
certain or definite," and adds that ''this uncertainty, must
have the bad disciplinary effect of unsettling the prisoners." —
Mr. Pickersgill, thinks, '' that this is to regard the matter too
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EDITORIAI«. 241
much from the gaoler's point of view," and he strongly urges
*' that the prospect of release, would be an enormous stimulus
to good conduct and industry/' and he also asserts what is
well known by all penologists, " That it is a notorious fact that
the worst criminals make, as a rule, the most exemplary
prisoners."
It is very difficult for men, accustomed as both Mf. Ruggles
Brice and Mr. Pickersgill have been, to look upon crinie,
as is done in England in the abstract, and its punishment, from
the standpoint of the English prison system, or to correctly
understand the Reformatory System adopted at the Elmira
Jleformatory, or at Concord, or to be free to recognize its
merits. A higher plane of thought has been occupied in
America as it has by the abler thinkers oi Italy, that we ,
should study the criminal rather than crime in the abstract.
It is the problem in criminology how to save the criminal
himself. ,
Mr. Justice Kennedy, in his address before the American
Bar Association, at Buffalo, recently touched on the theory of
corporal punishment of criminals from the English side, and
announced his intention of visiting the Elmira Reformatory ,
and it will be interesting to see if he concurs in the views
of Mr. Ruggles Brice which Mr. Pickersgill criticises so ably.
The conclusion at which Mr. Pickersgill arrives, as the
summing up of the contract of the English Prison System
and that of what may be called the American Reformatory
System, is most admirably stated, and places the issue in a
very strong light, to the criminologists of the era. He says :
'* To put the case broadly, the penal system in America is
adapted to teform a man. while the penal system in England —
even after allowance has been made for some recent improve-
ments which I desire cordially to acknowledge — is still calcu-
lated to degrade him." Mr. Michael Davitt has said *'that
when a man enters a convict prison, he must part with all his
ulf respect.'^ Another has said : *' In Portland prison all that
is good in a man's nature is crushed and destroyed, and all that
Digitized by VjOOQIC
242 EDITORIAI^.
is brutal and bad is brought out. On the other hand the
underlying spirit of the American System is to bring out
what is good in a prisoner." Mr. Pickersgill has a higher,
broader, and more humane view of the subject of criminology
than it would be possible for Mr. Ruggles Brice to appreciate
or accept, with his environment, training and conceptions of
crime and criminals.
The very atmosphere of an English convict prison is not
comparable to that of such a reformatory as the one at Blmira
or at Concord.
If American Criminologists were to make the contrasts that
Mr. Ruggles Brice endorses in his report, it would be in ^
much stronger light than the one used by Mr. Pickergill.
It will require a revolution in the whole prison system of
England, and twenty-five years at least of careful study and
labor of the broader minds of Great Britain, to come up to the
plane which the Penologists ot the world now occupy, and in
which America is now foremost and holds highest ground.
Mr. Ruggles Brice is at least a quarter of a century behind the
age.
The crying need of Prison Reform in England is in the pres-
ent official system, and that will probably not be inaugurated
even until the personnel of the under officials of the home
office are changed, which might not be immediately effected by
a change in political parties there.
Mr. Ruggles Brice does not believe in the indeterminate sen-
tence. Nor in the system of parole. Prom his standpoint
they are radically and fundamentally wrong. In Ameiica
there is scarcely two sides to that question in the public mind,
and we are glad to see that the recent Committee on English
Prisons differ also with the views of Mr. Ruggles Brice and
that as Mr. Pickergill says, ''They suggested that State re-
formatories should be established in England and they made
the following reccommendations:" The Court should have
the power to commit to these establishments offenders under
the age of twenty-three for periods of not less than one year
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EDITORIAT.. 243
and tip to three years, with a system of licenses graduated accord-
ing to sentence^ which should be freely exercised.
Shotdd not the thonghtfal minds of Great Britain consider
Ttrhether it wonld not be worth the trial in the case of yonths,
of previous good character, who have been convided of first
offences, to hold out to them a ray of hope for a better life, and
an opportunity of redemption, on the lines of that splendid ex-
periment made at the Blmira Reformatory, than the future
which the present English convict prison gives ?
We in America are striving to surround such a youth with
influences that will reform and regenerate him land restore him
to society and true manhood, and the results show how higher
and nobler is this effort than the present English prison system.
DREYFUS AND FRANCE.
The action of the Cour de Cassation, in France, in ordering
a new trial on the appeal of Capt. Dreyfus, demonstrates that
the highest judicial tribunal of France was safe, and certain,
to decide in the interest of justice, and to reverse and set aside
the conviction of the first Court Martial on the evidence of
forgery, fraud and perjury, which Esterhazy, the suicide of
Henry and the confessions of Henry had demonstrated.
It was because the Supreme Tribunal of France held
that justice was higher than prejudice against the Jew, and
that no matter what came of the military chiefs compromised
by the revelations of forgery and fraud, the ermine of the
French Bench would be unstained by any act that would deny
justice to the innocent.
The appeal of Capt. Dreyftis to the Cour de Cassation, was
for a new trial before a military commission in the nature of
what is known iU English speaking cotmtries as a Court
Martial.
It should be remembered by those who are assailing the de-
cision of the military officers composing this Court Martial, as
if it was the action of a Court of France, that there has not
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244 EDITORIAL.
been one of the Judges of the French Conrts connected with
this proceeding ; that it has been a purely military trial, before
officers of the French Army, under the rules and regulations
governing military Court Martials in France.
It is as unwise as it is absurd to rail against Prance, and the
Courts and the judiciary of J^rance, or to claim that because
these French officers had refused to fasten what they believed to
be an ineffaceable stain upon the fair fame of the French Army,
and to brand as criminals the Generals high in place who
were the real persons on trial ; or to imagine or believe, that
the French nation and people had gone mad, and let hatred of
the Jew and adoration of the Army overcome love of justice
and destroy or emasculate the conscience of the French people.
The American and the British press have treated this finding
of an inferior Court Martial as if it were a judicial decision of a
high French Court of justice — which it is not.
We have no right for one moment to doubt what will be the
attitude of the Highest Court of France on the case if it ever
reaches that august Tribunal. There was not a Judge or even
a lawyer on that board of military men who composed that
Court Martial. They were all officers of that Army, in which
blind obedience to orders had been ever held to be a cardinal
virtue. Each had been trained and drilled to believe and act
on the assumption that the honor of the Army was higher than
the individual rights of a soldier or an officer, and that the life
even of an officer would not for an instant stand in the scale,
when danger to the State was in the balance.
When the very Generals whose conduct and action — ^and who
were really on trial — were allowed to state their opinions, wishes
and the unfavorable opinions of others, in utter disregard
of the rules of evidence as maintained in any Court of Justice
in the world, is it not a marvel that two officers could be
found of sufficient courage and stamina to vote against the
wishes of their Generals; when three votes would have
served to quash the proceeding, and when the third voice —
really opposed to the conviction — could only be induced to sign
Digitized by VjOOQIC
EDITORIAT-. 245
the finding, by compl3Hing with his demand, that every member
of the Board of Officers should sign a statement of extenuating
circumstances, which means very mnch in France — ^It has a
significance unknown in America or in England and analogous
proceedings?
It was only a hair's breadth by which these generals escaped
that annihilation which would have be&llen them had the hesi-
tating third officer refused to sign the findings of the Board.
The English press almo3t with one voice are railing against
the decision. What would they say had such a thing occurred
in their own country, and it had been a criminal trial, where
there was no appeal.
There is, thank God, and the cause of justice and human
liberty, an appeal in Prance. That appeal lies to the higher
Military Board and officers, and above all is the Supreme Court
of Justice of Prance, to which an appeal over all lies. The
decision of that court in reversing the finding of the first court-
martial, despite the whole influence of the generals and of the
army, in the face of the mob, and the threatened revolution of
those who demanded innocent blood, is an earnest of that
eternal principle of justice, which has never yet been sullied or
tarnished by their Supreme Court, and which is there as safe as is
the liberty of the humblest citizen of Prance, be he Jew or Gen-
tile, Atheist or Christian, if he be a loyal son of Prance.
The Investor's Review of London, Sept. i6, 1899, in com-
menting upon the finding of the Court Martial, says :
" Nay, even to the unhappy men who form the majority of that Court
Martial we might at least accord some measure of pi^. Consider their
position They know nothing about law or about the nature and rules of
evidence, and they sat there day after day for a month under the eyes of
men who were their superiors in the military hierarchy, bullied by these
men, threatened by them, and as good as ordered to give a verdict m ac-
cordance with their demands. How many of us— let each man ask him-
self—would have been able to withstand this exhibition of military in-
solence on the part of superior officers had we been put to the test ? Sup-
pose seven colonels and majors and captains of the English army as-
sembled in like conditions, with I/>rd Wolseley, the Duke of Connaught,
Sir Redvera Buller, Sir Evelyn Wood, and a few other general officers in
constant secret communication with the members of this Court, who are
daUy threatened and overawed by them duritig the hearing of a case.
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246 EDITORIAL.
Could we have found aeyen men in the British Brmj on whom to r^y to
^ve a verdict in accordance with justice and tmth and their consdenoes,
regardless of what might happen to them if they disobeyed the generals ?
We take leave to donbt it."
What would have been the findings of an American Cotirt
Martial composed of similar officers of the regular army of the
United States, had officers of the highest rank been involved
and directly charged with fraud, perjury and the suppression
of the truth, as was the case in France , especially when the
men accused selected the Court Martial from friendly officers
in their own interest and from among their personal friends and
subordinate officers?
It is, however, not a case in which the American Govern-
ment can for one moment interfere.
The Government of France, having famished the evidence
which led to the reversal of the findings of the first Court Mar-
tial by the Court of last resort, shows that it would not respect
the findings, and instantly pardoned Capt. Dreyftts and set him
at liberty.
This was the natural and logical solution of the interference
on the part of the Government of France which led to the new
trial and the reversal of the findings of the first Court Martial.
The Cour de Cassation of France has always stood as high as
any judicial Tribunal in the civilized world. As a whole it has
no superior in the world, not only for the maintainance of jus-
tice in France, but for its swift action. As a Court it is a
model ; as an appellate Tribunal it is unique, and in many re-
spects &r excels our own in its practical work and operation,
especially in the preventive of what are known as ''the laws
delays."
For the purity of the Court, its absolute fearlessness, it has
no superior on the globe.
Whatever may betide Prance, none have ever doubted the
rectitude of the French Bench, and no one at all fistmiliar with
France or her history, can for one moment doubt the absolute
integrity of the judiciary of France. Of the French Bar it
may be said that it is not inferior to that of England in ability.
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247 EDITORIAL..
character or standing, and those who have most carefhUy
analyzed its great and Instrons names, must confess that it
wonld not suffer in contrast with the Bar of onr own country.
Capt. Dreyfus is a Frenchman and a French officer. He is
not an American citizen, as Mrs. Maybrick is. There our
Government has and can rightfully interfere. She, like Drey-
fus, is innocent. Her punishment has been ten years of terri-
ble suffering; his five ; hers the more severe, the more terrible
for her to endure in its physical suffering than was his crimes
and terrible as his woes.
Dreyfus can appeal to the highest court in France and hla
vindication is only a question of time. Mrs. Maybrick, alas,
has no appeal. If her case could go before the High Court lor
Crown cases reserved, or if criminal appeal existed in England
as it does in France, she would be at once discharged.
No one need fear that the court of last resort in France
will not see that justice is done in the case of Dreyfus.
When the case reaches that Supreme Judicial Tribunal, Drey-
fus will surely be vindicated.
FIRST CONGRES INTERNATIONAL DE MEDICINE
PROFESSIONELLE ET DE DEONTOLOGIE MED-
ICALE—PARIS, 23-28 JULY, 1900.
The announcement of this Congress addressed to the fellows
of the Medico-Legal Society has reached us.
The officers are as follows :
President— S. Lereboulet, Rue de Sille 44, Paris.
Secretary-General— Jules Glover, Rue du Fauberg-Poisson-
nierr 37.
The address of the Bureau is Masson et Cie, 120 Boulevard,
Saint Germaine, Paris, France.
This Congress will have four Sections : M. Andre, of Toul-
ernc, is the President of the First Section ; M. Queirel, of Mar-
seilles, of the Second ; M. Lacassagne, of Lyon, of the Third,
and M. Gross, of Nancy, of the Fourth.
Digitized by VjOOQIC
248 KDITORIAI,.
Commtinications to this Congress may be made in English,
French or Geiman. They should be sent prior to July i, 1900,
and if not in French, should have an analysis or resume in
French to accompany them. The membership fee is fifteen
frances, which should be sent to the Treasurer, M. P, Masson,
120 Boulevard, St.-Germaine, Paris.
Massachusetts medicolegal society.
The fiall meeting is announced for October 4th, 1899, at 12
o'clock M., at the Medical Library, 19 Boylston Place.
The following papers are announced to be read : by the
Secretary, Dr. Julian A. Meade :
1. By Herbert Parker, Esq. : **Some notes from old time
calendars."
2. Dr. Jay Perkins : *' Medical testimony on Insanity as an
excuse for crime."
3. Prof. Charles Harrington: '*Food Poisons and Metallic
Irritants : Resemblances and DiflFerences observed."
This body makes valuable contributions to the literature of
medical Jurisprudence from time to time ; and its labors reflect
great credit upon the organization.
; It is composed of the Medical Examiners of the State ot
Massachusetts. These officers were the successors of the old
coroner system when that office was abolished there*
INCREASE OF INSANITY IN ENGLAND.
^ The i&fty-ninth report of the English Lunacy Commissioners
shows that the total number of lunatics in England and Wales
on January i, 1899, was 105,086, being an increase over the
preceding year of 3,114. This is the largest annual increase
ever before recorded.
The proportion of the three classes of lunatics, private, pau-
per and criminal, to the population are respectively, 2.73,
30.13 and 0,25 per 10,000. Total proportion to population,
Digitized by VjOOQIC
BDITORIAI,. 249
33.11 per 10,000. Daring 1898 the total admissions (exclusive
of transfers) was 19,314 — males, 9,383; females, 9,931. Dis-
charged as recovered, 7,121, and 4,901 as not recovered.
Deaths 7,602.
AMERICAN MEDICAL CONGRESS OF TUBERCU-
LOSIS
Ths American Medical Congress of Tuberculosis will meet
in the City of Chicago in P^bruaiy, 1900. The main subject
of discussion will be Tuberculosis. Under one Section the
laws of the several States regarding the disease and its treat-
ment will be considered. We hope to speak more in detail as
to its scope and work in our December number.
Inquiries [respecting it can be made of Prof. Thos. Bassett
Keyes, Editor of the Journal and Review of Tuberculosis, 92
State Street, Chicago, 111.
MISSISSIPPI VALLEY MEDICAL ASSOCIATION.
Dr. Harold N. Moyer is Chairman of the Committee on Ar-
rangements of this body, which meets in Chicago, 111., October
3 to 6, 1899, in Handel Hall, Randolph Street, under the Presi-
dency of Dr. Duncan Eve, of Nashville, Tenn. A most elab-
orate program is announced and the arrangements made indi-
cate a meeting of unusual interest and value.
We shall endeavor to notice some of its work in our next
issue.
Digitized by VjOOQIC
PERSONAL.
Dr. David Nicholson, Lord Chancellor's visitor in Lunacy^
Chairman of the Section of Psychology, made a Presidential
address, on Angnst 2, 1899, before the British Medical Associ-
ation, mainly addressed to the question, '* Can the Reproach-
able Di£krences of Medical Opinion in Lunacy Cases be Ob-
viated?"
Dr. J. P. SuTHSRLAND, Deputy Commissioner in Lunacy
for Scotland, at the same session read a paper on "The
Urgency of Legislation for the Well-to-do Inebriate," which
aroused considerable discussion, in which Dr. Lloyd Andriezen
Dr. Seymour Tuke, Dr. Fletcher Beach and others took part.
Dr. G. Archdalb Rbad, of Sonthsea, England, read a
paper before the same section on '' Alcoholism in its Relation
to Heredity," assailing the commonly accepted view, that the
efiects and results of alcoholic abuses were transmitted to and
reflected in the ofispring of the alcoholic.
Dr. Lu>yd Andribzbn assailed the theories of this paper^
and showed by strong proofs
" That by the carefril investigations made by himself he was justified
in concluding that the following were the more frequent results of alco-
holic parentage as shown in its expression in the offspring:
" I. Imbecility and weak-mindedness.
*' 2. Infantile convulsions and meningitis.
** 3. A large proportion of still births.
*'4. Brutal degradation and incapacity in the children, with ties and
impulses, including hereditary drink-craving.*'
He also cited a paper read by himself before the Nenrological
Society of London, in April, 1896, in opposition to the views
of Dr. Reid. — (Vide London Lancet, Ang. 12, 1899 )
[ The Journal has lost Dr. Andriezen's address in London*
Will he kindly send his present address?]
Digitized by VjOOQIC
NECROLOGY.
Samubi, B. W. M'Lkod, M. D.— Dr. Samuel B. W. Mc-
Loed, one of the best known physicians in the dty, died on
Wednesday, Angnst 23, 1899, at his home, No. 339 West
Twenty-third Street. His death was due to heart trouble,
which was aggravated by injuries he received in falling off a
Madison Avenue electric car at Twenty-third Street about &
month ago. Since then he had kept up his active practice,^
although at times suffering great pain.
Dr. McLeod was bom in Galway, Saratoga County, N. Y.,.
in 1 83 1. His father was the Rev. Dr. John Neil McLeod.
Dr. McLeod entered the class of '49 in the University of
Pennsylvania, of which his grandfather, the Rev. Dr. Samuel
Brown Wylie, was at that time provost and professor of Lan-
guages.
He was for many years an active worker in the Medico-Legal
Society.; served two years as First Vice-President and was
twice elected President of the Society, serving in the years
1896 and 1898.
He served one term as Vice-President and five successive
terms [as President of the New York County Medical Society^
and was Vice-President and President of the New York State
Medical Association. He was one of the original members of
the New York Academy of Medicine.
He was a careful, conservative physician, a forcible speaker
and a most conscentious Christian gentleman.
He ^was a ruling elder in the Dutch Reformed Church, of
West Twelfth Street, New York City, where his funeral was
held, and he was " the beloved physician " to that congrega-
tion, as well as to a large circle of personal friends.
Dr. McLeod was married in 1857 to Miss Sarah B. Irving,
who survives him. He leaves two sons, Dr. Johnston McLeod^
Digitized by VjOOQIC
252 RDITORIAI..
of Atirora, N. Y., and Lincoln McLeod, who was captain of
Company H, Seventy-first regiment, daring the recent war.
Justice Fou^^tt.— Justice David L. FoUett of the Fourth
Appellate Division, New York Supreme Court, died suddenly
on the afternoon ot July 5, 1899. He was born in Sherburne,
N. Y., July 17, 1836. He was educated at Oneida Conference
Seminary, studied law at the office of Rexford & Kingsley, at
Norwich, and Jan. 5, 1858, was admitted to the bar. He im-
mediately opened an office in Norwich, and practiced his pro-
fession there until Jan. i, 1875. He has held the office of Jus-
tice of the Supreme Court since that date, his present term ex-
piring in 1 90 1. His ability on the bench received such recog-
nition that he also held a number of appointive offices, one
being that of Commissioner with David Dudley Field and
Judge William Rumsey to revise the proposed Code of Evi-
dence. Gov. Cleveland designated him in May, 1884, as an As-
sociate Justice of the General Term of the Fourth Department,
whidi office he held until January, 1889, when he was ap-
pointed an Associate Judge of the Court of Appeals to form a
Second Division, and by this court he was appointed Chief
Judge, and so continued until the court was discontinued. In
November, 1892, Gov. Flower designated him to act as Asso-
ciate Justice of the General Term of the First Department, and
he served until January, 1895, when the court was abolished.
In 1895 T^^ was appointed by Gov. Morton an Associate Justice
of the Fourth Appellate Division, which place he held at the
time of his death.
Huu* Fanton, Esq.— Hull Fanton, was bom March 23,
•1833, *t Catherine, N. Y. He was admitted to the Bar in
March, 1857, and commenced practice of the law at Havana,
Schuyler County, N. Y. He enlisted in the Union Army
under the 300,000 call of July, 1862, raised Company H, of the
107th N. Y. Vols., and went to the field as its Adjutant, ap-
pointed Aug. 8, 1862; promoted Brevet-Captain, March 13,
1866, and Brevet-Major Dec. 31, 1866, for gallantry and mili-
tary service.
Digitized by VjOOQIC
itDrroRiAL. 253
He was appointed Register in Bankrnptcy in 1867, and held
that office for ten years, until the repeal of the act.
He practiced both at Havana and in the City of New York,
was President of the First National Bank of Havana ; served
aa Supervisor of his town, and was for over thirty years a con-
spicnons member of the Bar of Schuyler County. He was a
man of great energy, high ambitions, large intelligence and
strong sagadty in public affidrs.
He was a corresponding membet of the Medico-I^gal Society
of New York, and took an interest in Medico-Legal questions.
He took an interest in public questions, and at one time con-
ducted the Havana Journal. He died May 15, 1899, after a
short illness from an acute attack of mania, produced by over-
work and pressure of business cares.
He was an upright, honorable man. He leaves a widow and
daughter and a wide circle of personal friends.
Dr. Louis Alphons^ Charpbntibk, Paris member of the
Paris Academy of Medicine, died in Paris at the age of 63.
He was a high authority on Obstetrics. Took his medical
degree in 1863, and was appointed a Professor at the Paris
Facultiede Medicine in 1872. He was a corresponding member
of the Medico- Legal Society of New York, and took a deep in-
terest in Forensic Medicine. He was editor of the " Annales d'
Obfitetrique et de Gynecolegie,'' and was an author of works in
his specialty. He held a high position at the French Capital.
RoBBKT J. Ingbssoix. — The death of Col. IngersoU re-
moves one of the most conspicuous and lustrous names among
the great American orators of our era. His eloquence was
marvelous, inimitable, and combined with that wonderftd and
charming personality, with which it was ever illumined and glo-
rified; made him by general acclaim one of the leading, if not
one of the most eloquent platform speakers on this continent.
His charm of manner and personal magnetism was second
only to that of James G. Blaine, who did not approach Inger-
soll in his wondrous powers of oratory.
In speaking befinre the Saturday Night Club at the dinner
Digitized by VjOOQIC
254 BDlTORIAI«.
given to the Drama, where Dion Bondcanlt was the central
figure, IngersoU chose for his theme Siiakespeare, whom he
adored, and he spoke like one inspired.
I have heard the greatest of our American orators of the last
half of our century, but I have never heard one that was at all
comparable to him in tiiis marvelous effort.
Without any Supreme Being whom he could at all worship,
he had filled that longing for a God, which underlies every
human heart, with the image of a man, whom he thought
worthy of his loftiest ideals, and whom he almost deified in the
apotheosis which his eloquent words created.
If he ever could be said to have worshipped, we then came
nearest to seeing this wondrous nature at his devotions.
The great misfortune of his life was his religious opinions.
They obscured his judgment and prevented that public
recognition which would otherwise have surely brought him
into high public positions.
It is perhaps true that the influence of his &ther's extieme
ideas drove him into the camp of the infidels. Whether doe
to this or not, he embraced early the teachings of Voltaire,
Paine and that school of which he became a disciple and fdr
lowet and teacher.
Felix Adler says truly that " He made men tolerate opinions
that they hated. His power was due not merely to what he
said, but to the personality behind his words."
He had a tenderness and sweetness in his character that
ruled his life. Pain and suffering gave him mental agony and
unrest. This was marred by the prejudices of his religion ^
views only, and his abnormal hatred of priests and churches
was almost a mania and embittered his life.
He felt the pangs that John Calvin's victim suffered at the
stake acutely, because Calvin was a priest, but he never felt
one throb of pity for the great agony of Christ upon the cro£S»
because he looked on Christ as a priest, and a type of what he
had trained his mind to hate and detest.
No one can assert that IngersoU was an atheist. I don't
Digitized by VjOOQIC
EDITORIAL. 255
ddnk that a doubt ever was fixed on his mind of the existence
of a God. His address at the funeral of his brother, and a
speech I heard him make at the Goethe Club on '' The Char-
acter and I4fe of the Great German Philosopher," leaves me
qtdte certain that he believed as most men believe — ^what none
can know — ^in the immortality of the sonL It is easy to say
with the agnostic, " I do not know ; " "I neither deny or af-
firm.'' All can say that. That is to b^ the question. His
liope ci an immortal life beyond was weak and fidnt, but he
held the same hope that the Christian holds ; his the flickering
rush light ; the Christian hope, " the lustre of a star.''
As a lawyer Col. IngersoU stood high. His eloquence before
juries gave him great standing at the Bar.
He was for years a member of the Medico-Legal Society and
interest in Forensic Medicine as a part of his professional
equipment, but never wrote on its themes, devoting a brilliant
fife to antagonizing the Church, and especially clergymen, with
whom he became involved in profitless contentions, which
greatly annoyed him.
He gave nothing new, however, to the world on the old is-
sues of infidelity. Voltaire's Philosophical Dictionary and
Paine's Age of Reason will be the standards of that school
wiien he is forgotten.
His published works are some of them charming in diction
and can be read with pleasure, even though you difier with
Um at every point.
His influence upon mankind was never great and his mem-
ory cannot be lasting.
His aim was rather to lead men to what he regarded as in-
tellectual freedom than the propagation of infidelity as a fiadth.
His audiences embraced all classes, and the majority were
those attracted by the charm of his eloquence, and who did
not accept his views.
Some have thought that his views on suicide may have led
men to self destruction. He simply adopted the ideas of the
old Bpicurian philosophers in this respect, and should not be
Digitized by VjOOQIC
256 KDlTOKIAI<.
juds^ed harshly for his views, which were the natural sequence
of his peculiar opinions.
Those who knew him personally will never forget him, his
lovable nature and his surpassing eloquence, but in half a cen-
tury, when these are gone, it will not be found that he mad^
any lasting impression upon the age in which he lived.
His works do not and will not rouse and antagonize the
clergy, as did and do those of Voltaire and Paine, and there
will be none in even 1950 who will be willing to say of him as
Governor Roosevelt says of Paine in his life of Govemeur
Morris when speaking of the imprisonment of Paine, " So the
little filthy atheist had to stay in prison, where he amused him-
self by publishing a pamphlet against Jesus Christ/'
Paine's imprisonment in France had no relation to his re-
ligious views, but to his eligibility as a member of the French
Constitutional Convention and the enmity of Morris, then the
American Minister, who detested him.
Tenderest of &thers, most devoted of husbands, exalting the
family into an altar, in a life without any other object of adora*
tion, Col. Ingersol will be remembered by all who came under
the spell of his eloquence, the charm of his personal presence
and influence, as one of the most delightful of companions and
best of citizens ; and a distinguished ornament to the American
Bar.
Digitized by VjOOQIC
JOURNALS AND BOOKS.
BTTIJATlir OF THE SECOND InTBRNATIONAI, MBDICO-LBGAI, CON-
GRBSS AT BRnsSEi3 IN 1897. P. p. 4iif Maisoii Piette, Charleroi, 1899.
This volume has just appeared and is an important contribution to the
science of Medico-Legal Jurisprudence for the world. It is edited bjr Dr.
Camille Moreau, the Secretiuy General of the Congress, of Charleori,
Belgium. The volumes contains a laree number of the original oon-
tritrations to the Congress, all translated into French save those written
and contributed in that language, and the proceedings of the Congress,
which occupied from Aug^ust 2nd to 7th, both indusiTe, in 1897.
This Congress was originated by the Medico-Legal Society of Belgium,
and was held under the supervision of the Belgian Government. Min-
isters Bergerem, Bui^gess, and Beckers, Praddent, and Merdach de
Terkiell, Procureur General of the Court of Cassation, Prerident
Motte, of the Court of Appeals, and Van Schoor, Procureur General,
being Honorary Presidents, were Honorarv members.
The official questions discussed were divided into four classes.
I. Bactenol(>gy and Tozicol(>gy.
n. Legislation.
m. L^al Medicine.
IV. Mental Medicine.
The Congress was organized on August and, 1897. Monsieur Berserem,
Minister of Justice, Honorary President in the chair, who made the
opening address, followed by Dr. Vleminckx, one of the Honorary Presi-
dents and ez-President of the Medico-Legal Society of Belgium.
The President of the Belgian Medico>I^gal Society and President of
the Congress, Member of the Royal Academy of Medicine of Bdgium
and Aiemoo- Legal Journal of Bmssells, then made the Presidentitaf ad-
dresses. The other officers of the Congress were as follows;
Honorary President, Dr. Vleminckx, of Bmssells; President, Dr. Miot,
of Charleroi; First Vice-President, Prof. Malooz, Liege; Second Vice-
President, Dr. LeBrun, Brussells; Secretarv, Dr. Camil^ Moreau. Bms-
sells; Associate, Dr. de Nobell, Ghent, ana Treasurer, Dr. Dewez, Mons.
The following sentlemen were named by the Congress as Honorary
Preridents of the Congress:
Prof. P. Bronardel, of France; Dr. Motet, of France; Clark Bell, Esq.,
LL. D., of the United States; Dr. John Mauntz Aspelin, of Sweden;
Prof. Dr. Gosse, of Switzerland; Prof. Dr, Kossorolo£f, of St Petersbnrgk,
Russia, Dr. Enriques Limancas, of Spain.
Prof. P. Bronardel praided on August 3rd. Dr. Miot on the 4th, in
the morning, Dr. Motet in the afternoon. Prof. Gosse on the 5th« Dr,
Aspelin on the 6th, morning session, Dr. Vleminckx, afternoon session,
and Dr. Miot on August 7th.
The work is divided into two parts. The first contains the original
papersso &r as the same have been printed and the latter the truisla-
tioos of the debaters.
It is a great misfortune that it does not contain any index, the omis-
sion of wfich isa great mistake on the part of the editor, as it is quite
impossible to find any paper or subject without going through the volume
page by page.
Digitized by VjOOQIC
258 JOURNALS AND BOOKS.
The whole forma a verrvaltiable oolkctiDn of Medico-Legal knowledge
and is a credit to the Medico-Legal Society of Belgium.
Several of the questions originated at this Congress will come before
the Medico-L^pu Section of Uie International Medical Congress of 1900,
under the Presidency of Prof Bronardel, among which will be
1. **La docitnasie pulmononaireV
Dr. Dallenagne, of Bmstells, made* a valuable report on this theme
before the Belgian Congress, and MelL Descoust and Bomas are to
report upon this topic at the Paris Congress in 1900.
2. ^^Les fades internes de la putrefaction des cadavers ^^
Prof. Maloos, of the Ministry of Liege, made a careful report on this
theme at the Belgian Congress.
It is on the tapis at the Paris Congress of 1900, on the 3rd question:
^^Putrefaction Oculaire au point de vue de la determination de la mort^**
on which Dr. Descoust is announced to make the report at Paris.
American Psychological Association Transactions. VoL 6,
(iSqS and 1899. )
This volume, of 417 pages, is the record of the S4th annual meeting of
the association held at St Louis, May 10 to 13, 18^, under the presidency
of R. M. Bucks, M. D. , Superintendent of the Hospital for the Insane at
London, Ontario. It contains besides a carefully prepared record of the
proceedings the original papers read and reports made, list of officers and
of members. The annual address was made by Prof. J. T. Bskridge, of
Denver, on the Mutual Relations of the Alienist and Neurologist in the
study of Psychiatry and Neurology. The original papers are of unusual
excellence and value. The memorial notices are of Dr. Palmer Jones,
of Nashville, Tenn.; James Olmstead, M. D., of Middletown SUte Hospi-
tal of Conn.; Dr. H. A. Buttolph, of Short HUls, N. J.; Geoive Allen,
of Middletown SUte Hospital, New York; R. H. Moffitt, M. D., of the
Iowa State HospiUl, at Mt Pleasant; Dr. Hush P. McNary, of the Cen-
tral Asylum for the Insane of Kentucky, and Julia K. Cary, M. D., of
the medical sta£f of the Mass. State Hospital of Danvers, Mass. The
volume is published by the association and is a credit to the committee
who had it in chage.
Thb Arena.— The Alliance Publishing Company, New York. This
journal has changed hands. It has been purchased by parties in New
York, who have moved its publication office from Boston and it is now
published by the Alliance Publishing Company, Life Building 19 Weat
31st street, New York City, and John Emery McLean takes the editorial
chair. In the October number Paul Tyner takes his leave of the readers
of the Arena under date of September 5, 1899, ^^^ J^^^ Emery McLean
makes his editorial bow to its readers, and takes his leave of the editor-
ship of the Journal **Mind.** The Alliance Publishing Company will
publish both journals and they announce that they will send both these
journals to old subscribers of either or to new subscribers for I3.00, which
is the price of one. It is not au actual consolidation of the two journals
in one, but is practically so, as although each will be published by the
same company they wiU for the present be continued under their former
style and appearance, and the subscribers of either receive the other as a
present Certainly a good thing for the subscribers.
The Law IIagazinb and Rrview. A Quarterly Journal of Juris-
prudence, London. Wm. Clews & Sons, 27 Fleet street, London, Eng-
land. This is an old established Law Quarterly that was founded m
1844 aiid is now in its 24th volume. It is well edited, though the editor's
name is supressed for some reason. Its subscription is 15 shillings, Eng-
lish, per annum. E. W. Pickercgill, MP., contributes a paper to the
August number on "Prisons in England and America, a Contrast." Prof.
Richard Brown, of St Mungo's College, Glasgow, a paper to the May
number 1899, on **The Medical Jurisprudence of Insanity.'* T. C. Gian-
nerini. Chief Justice of the Republic of San Marmo, contributes a paper
to the November number, 1898, entitled "Judge and Lawyer." We are
Digitized by VjOOQIC
JOXTRVAXS AND BOOKS. 259
glsd to welcome this jonmal to oar exchange Ikt. It has recently chang-
ed ownership and the new owners are nsing a vigorons and new broom
in the management of the jonmal.
Trb I#BGai, Advb&tiser, Denver, Colorado, J! Warner Mills, Bsq.t
Editor.
The Tnne number of this Jonmal contains a strong editorial in favor of
the release of Mrs. Maymck, and seconds the efforts made by the
Medico-Lesal Society of New York and the resolutions under which its
Meniorial Committee is at vrork.
It contains the address also of Hon. Be^. A. Richardson, before the
Maryland State Bar Association, entitled ** The New Feudalism."
Tfae Jonmal is ably edited, is a monthly and its price is $s per annum.
Digitized by VjOOQIC
BOOKS, JOURNALS AND PAMPHLETS
RECEIVED.
EZiMiKA STATS RBPORiCATOKY. The YeuT Book. 1899.
The Johns Hopkiivs Hosfitai, Rbpokts. 1899.
Rtasons and Authorities &Toriiig Bdncational Unifioatioii under the
Regents of the Uniyersity. 1899.
The Seventy-fifth Annual Report of the Officers of the Retreat for the
Insane, at Hartford, Conn. 1899.
W. A. PuutiKGTON, Esq., of the New York Bar. Ittml Dediiona
affecting Physicians, Dentists, Druggists and the Public He^th.
BuiSR Leb, a. M., M. D., Ph. B., of Chicago, IlL Syphilis Success-
fully Treated by Hydriatics. 1896. How to Cure Rheumatiim. The
Fallacy of Antitoxin Treatment as a Cure for Diphtheria. 1896.
T. D. C&OTHBBS, M. D., Hartford, Conn. Concealed Alccdiol in.
Drugs. 1897. A Case of Dementia and Alcoholic Mania. 1897.
Kawmkk Eujs, London, England. MESCAL : A New Artificial
Paradise. 1898.
T. D. C&OTHERS, M. D., Hartford, Conn. The Late Dr. Isaac N.
Quimby. 1898.
Jambs B. Dux, of New Jersey Bar. The Laws of New Jersey relating^
to Banks and Banking Trust Companies and Safe Deposit Corporations.
Revision of 1899. ^ws of New Jersey relating to Corporations. 1899.
Thb Banks Law Pubushikg Co., New York. Amendments of the
Code of Procedure, Code of Criminal Procedure and Penal Code. 1899.
P. R. Sturgis, M. D., of New York. Are Complete Castrates Capable
of Procreation. 1898.
SCHBKIKG & Gi^Tz, Ufotropin. 1809. Collargolum and Unguentum
Crede, 1899. Trikersol, 1809. Xeroform, 1899. Anusol Suppositories,
1899. Duotal and Creosotal, 1899. Alpha-Eucaine and Beta Eucaine,
1899. The Disinfection of Dwellings with Formaldehyde, 1899.
U. O. B. W1N6ATB, M. D., of Milwaukee, Wis. Tumors of the Bndn«
1899.
Transactions of the Massachusetts Medico-Legal Society, 1899.
G. H. E. STABKB, M. D. Phthisis. 1899. New York.
Kbnnbth Sylvan Guthbaib, A. M., Ph. D., of Philadelphia, Pa.
The Prophet 1899.
L. DuNCAif Buckley, A. M., M. D., of New York. Notes on the
Absorption versus the Digestion of Milk. 1899.
Wyatt Tohnston, M. D., of Montreal, Canada. The Iodine Ttest for
Semen. 1899.
F. C. Theo. Kkuger, of New York. A Step Forward. 1899.
Report of the Home for Inebriates' Association of the Dalyiymple
Home at Rickmansworth. 1899.
The Ambricaic Pubuc Health Association, of Lansing, Mich. The
Bertillon Clsssification of Causes of death. 1899.
Digitized by VjOOQIC
BOOKS, JOURNAI3 AND PAMPHLBTS RBCBIVHD. 261
Aknuai* Rbport op the Wyoming Gbnbrai; Hospitai,, Rock
Springs, Wjoming. 1899.
W. SCHBPPGRBi^i,, A. M., M. D., New Orleans, La. The Progxeai of
Rhino- Lar3mgolog7. 1899.
Hon. Russeix Smith Tapt, of the Supreme Conrt of Vermont A
Legal Medley. 1899.
W. W. IRBI^AND, M. D., of Scotland. The Caxe of Chronic Epileptica*
1899.
R. C. Chambbri^ain, M. D., of Rock Springs, Wyoming. Report of a
Case of Foxtail Infection. 1899.
Bz^cBR Lbb, a. M., M. D., Ph. B., of Chicago, 111. Practical EzperU
ments in the Tr^ttment of Cholera in Russia and Germany in the Epi-
demic of 1892. The Frequency of Apoplexy Among the H^her Classes,
With Suggestions for its Prevention and Escape From Fatality. 1899.
Treatment of Adatic Cholera. 1899. How Far Does a Scientific Thorapy
Depend Upon the Materia Medica in the Cure of Disease? 1899. The
Ttintment of Typhoid Fever. 1899. The Medical Treatment of Ap-
pendicitis.
Gborge M. EDKBOH13, A. M., M. D., of New York. Chronic Appen-
dicitis the Chief Symptom and Most Important Complication of Movable
Right Kidney. 19(99.
WiUJAM Francis Drrwry, M. D., of Petersburg, Va. Epilepsy.
1899.
Orulndo J. Sboth, Esq. , of New York. A Short View of Great Ques-
tions. 1899.
Lbofou> Stbinbr, Wien, Germany, Bericht des Niederosterr. Lan-
desansschusses Aber Seine Amtswirksamkeiit.
Hugh M, Tayix>R, M. D., of Richmond, Va. Diagnosis of Bullet
Wounds of the Abdomen. 1899. Typhoid Perforation — Operation— Re-
covery. 1899. Perforating Ulcer of Duodenum — Operation — Recovery.
1899. Delay as a Factor in Unsuccessful Surgery.
Pbarcb Bah^by, M. D. Simulation of Nervous Disorders Following
Accidents. 1899.
Elmira StaTB RBPORMATory. Year Book. 1898.
Transactions of the Massachusetts Medico-Legal Society.
J. B. Cassoday, Esq. Lecture on John Scott and John Marshall.
Annual Report of the Ejmsas City and Pittsburg Gulf R. R. Company.
R. Harvby Rbbd, M. D. Appendicitis, When to and When Not to
Operate. The H^her the 0(der of Railwav Surgery, the Greater the
Protection to the Employe, the Passenger and the Company.
80RBN Hansbn. Tidsskrift for Sundhedspleje.
WnxiAM W. Sangbr, M. D. The History of Prostitution.
Cl^ARK Bbix, Esq., of the New York Bar. The American Govern-
ment and People and the English Home Secretay.
AUXANDBR Wii4>BR, M. D. Medical Libertv. 1898. The Fallacy
of Vaccination. 1899. The Ganglionic Nervous System.
Wax^TBR S. Logan, Esq., President N. Y. Bar Association. Addresa
at Lake Mohawk International Arbitration Conference. 1899.
Hbnry S. OtaoRNB, Esq., London. The Logic of Vegetarianism.
Hbnry S. SAI.T. The Ideal Publishing Company, London. 1899.
Digitized by VjOOQIC
MAGAZINES.
The Phujstinb, Bast Auioira, New York. The Roycroft Sbop. Ten
cents bnvs a single number and $i,xx> pays for a yearly subscription and
I don't tbink any man, woman or child eyer rq^irettea droppii^ a d<^lar
into the hopper of the Roycroft mill.
Blmer Hubbard is an immortal— and an American immortal, and don't
snroectit
He has founded an American Academy of immortals at Bast Aurora—
with an annual due of |i.oo, which brings the Philistine monthly.
This same Blmer Hubbard is the Bursar of the Philistine and he will
on receipt of |io send the eight bound volumes of the Philistine of the
Past ana to each, one copy of each bound volume that the Philistinea
iasue for ninety- nine years.
Speaking of these volumes that come from the Roycroft Sfao^ of Bast
Aurora, they are the quaintest, daintiest bits or book making that
reach us.
**The Ancient Mariner," by Coleridge, is done so beautifully that
Coleridge's ghost wearies watching for Blmer Hubbard's appearance in
the shades to thank him for what was never done better in Coleridge's
time.
We have not space for a list of their beautifui bits of book making, but
Charles Lamb would have blossomed into smiles and gave us new jokes
could he have seen Blmer Hubbard's spc^ally illnmined copy of his
<*Bssaysof Blia."
Thb Rbvisw of Rbvibws. This superb I'onmal continues its hold
upon popular regard. The October number gives a portrait of President
Paul Kruger, of the South African Republic as a frontispiece.
W. T. Sead gives a clear chronicle of the Dreyfus case. There is an
admirable account of the Chia^ Conference on Trusts, and " The Pro-
gress of the World," and the fading articles of the month are up-to-
date. The number is spl^ididly illustrated aod edited.
The Mbdicai, Nbws. Lea Brothers & Co., New York. This weekly
journal, formerly published in Philadelphia, is now transferred to this
city, where it has the old established journals as competitors. We never
could understand why this journal, which had so nne a history and so
splendid a position in the great city of Philadelphia, should hRve sacri-
ficed it to come to New York for publication.
The Boston Medical and Surgical Journal, of Boston, one of the best
medical weeklies on our continent, would be out of its mind to transfer
its vrork from the Hub to the Metropolis, and probably never had the
temptation to make such a change. The News does not seem to be as
strocg a journal here as it was in the Quaker City. Philadelphia was
ever a very strong medical centre. It is a great city and its Philadelphia
news and the fiem it used to occupy and §11 so acceptcd>ly is surely not
at all kept up since its transfer to Gotham.
Perhaps it is more profitable here in its advertising department to its
proprietors, but we have always regretted its change from Philadelphia
to New York.
PUBUC Opinion. The Public Opinion Co , 13 Astor Place, N. Y.
This is one of the best journals of its class in the United States. It is
superbly^edited and gives the very cream of the public sentiment of the
hour as it is reflected by the press upon every prominent question as it
comes up.
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MAGAZINBS.
Patj, Maix, Gazbtte. The Octobtr Dumber contains an elegantly
illitstrated article entitled ''Capitals of Greater Britain," devoted to
Sydney, Australia, by Charles Short William Archer continues his
series of sketches descriptlTe of his recent Tisit to America entitled,
"The American Lan^^Uage," following his '* America To-day— The Re-
woblic and the Empire," which appeared in the September number.
They are interesting to Americans, because they give the impressions of a
man of k^en observation who has rushed through our country on express
trains and seen all worth seeing as he flew. They can well be contrasted
with Americans who make the grand tour of the Continent and also of
the British Islands in one hundred days and then write their views on
each of the countries they have flitted through.
Mr. Archer, by the way, is quite above the average observer, and had
fidr opportunities during his brief visit. He should come for tdx months
the next visit and one year the third, and he could then be well fitted
to speak fo his American cousins.
w. Bvans Darby gives a good account of the work of the Peace So-
ciety and its work in the October number.
Scribnbr's Magazine. The illustrations of the article by Je
Lynch Williams, of the Water Front of New York, in the October num-
ber, are the best we have seen anywhere, and will be a revelation to New
Yorkers themselves, who do not keep pace with the strange metamor-
phoses that recent changes and improvements make in the rivers that en-
viron New York.
An autobiographical sketch of Mrs. John Drew is commenced in this
number, to be concluded in November, which is full of interest to old
New Yorkers, who have so long admired the writer on our stage, but its
peculiar value are the portraits which accompany it, admirably repro-
duced.
A most interesting sketch description of telephotography by Dwight h.
Blmendorf, with reproductions from photographs he has made at long
distances, is of intense interest The finest of these reproductions are
the Cathedral at Milan in one view and its Roof and Dome in another ;
the Jnngfran from Hoheweg Interlaken, sixteen miles distant, in two
distinctly separate and different views, and two views of Popocatepetl
from Hotel Jardin, Pueble, Mexico, thirty miles distant.
Harpb&'S MonThi^y. The most extraordinary article io the October
number is by Frederic Bancroft, entitled ** Seward's Proposition of
April I, 1861, for a Foreign War and a Dictatorship."
I/incoln had the most unique and remarkable Cabinet that any Ameri-
can President ever put together. There was in it hardly two men of the
same mind. It had no leader, no policy and no factions even. Lincoln
himself best understood its value and the personel of the men who
composed it. His Cabinet sessions were curios. He presided and asked
each one for his opinion seriatim. It resembled a debating society.
Rarely did three members ever agree on any line of policy. He heard
them all always, and then acted on his own judgpient.
The sketch by Mr. Bancroft is a historic cuno, and gives only one
yiew of a Cabinet which was never a unit and always differed on every
Question.
Mr. John Barrett contributes an interesting article on "Admiral
Dewey,*' which is full of interest
G. W. Stevens contributes an article on " France as Affected by the
Dreyfus Case," from the standpoint of an eye witness of the second Conrt
Maxtial at Rennes.
Mr. Stevens mistakes the action of a Conrt Martial of an officer of the
French army for a violation of army regulations by s board of inferior
officeis, none above the rank of Colonel, selected by the Generals who
weie under fire themselves, and more on trial than Dreyfus, for the act of
France. It was not France. It was not a judicial tribunal even ; not a
single Judge of all France was concerned in it. It was France, however,
that by the action of its Government on information presented and fhr«
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264 MAGAZINES.
nished by the French Government had secured the reversal of the
findings of the first Court Martial, and had ordered a retrial of the office
under the order and direction of the Supreme Court of Prance. There
is no higher or pun^r Court than the French Cour de Casiation. In no
tribunal of the world is justice held more secure or safe, and k> far as
France is concerned and the French Government, they trampled on the
findings of the Military Court Martial and set Dreyfus at liberty, in utter
disregard of the action of the Military Court, because they believed him
to be innocent and did not even wait for the hearing of an appeal. It
was France that liberated Dreyfus after the finding of the second Court
Martial ; France that set aside for fraud, perjury and forgery, the finding
of the first, and France, true to her past greatness and love of justice to
the innocent, that made haste to break the bands that held him, despite
the findings of the military tribunal.
The Century Magazine. The September number of this journal
was called the salt water number, and contains some of the most admir-
able selections of sketches of subject of the sea. The fiontispiece was
from an old engraving of fishing boats ofif Yarmouth.
Winslow Homer's ** Maine Coast** is reproduced, as is "The Juook-
out,'* '* All's Well," by the same artist, and a long series of sketches of
Maine subjects with admirable illustrations.
The Atlantic Monthly. The October number contains an admir-
able paper by Thomas Wentworth Higginson entitled 'The Road to
Bnglana," containing reminiscences of Cardinal Manning, Mr. Glad-
stone, Charles Bradlaugh, Queen Victoria at a review, and many others.
T. N. Lamed writes lugubriously under the head of ** The Flaw in Our
Democracy,*' coming to the sage decision that representative government
in America has failed to satisfy him of its enduring permanencv, because
** of the sickening decadence of the Senate '* on one hand and ** the or-
ganizing politician " on the other.
To Mr. Lamed *s vision Mr. Croker and Tammany Hall stand like an
insuperable barrier before the permanent prosperiw of the Democracy
of the Constitution. He holds out "political expediency " as the pan-
acea for all our ills, and if this don't cure us, he can't see a ray of hope
in the dim and dark and uncertain future.
Mr. Croker and his associates will walk over the fears of the Lameds
of this life, ^thout stopping to think of their fears, and the triumphant
Democracy of the nation will go on like Tennyson*s brook, '* forever
and forever.*'
The Ladies' Hohe Journal. This journal is edited with great
ability and published with much energy. The October number has an
interesting chapter of ** Anecdotes of Admiral Dewey." Rudyard Kip-
ling writes on **The American Girl," illustrated with seven heads as
types of beauty, which with marvelous good taste are not named or .
labeled. Margaret Altston contributes a paper on *' Her Boston Bxperi-
ences," very finely illustrated, and Franklin Fayles, dramatic editor of
the New York Sun, tells admirably ''The Story of the Theatre." Wil-
liam Perrine writes entertainingly of *'The Last Year of Washington's
Life."
The North American Review, New York. The October number
contains several articles of great value on current (questions. Dr. F. V.
Engelenburg, editor of the Pretoria Volkstera, writes on " The Trans-
vaiu View of the South African Question ; " Prof. J. B. Moore, on "The
Alaskan Boundair;" Bishop Potter, on "Some Sodal Tendencies in
America ; " Sir Charles W. Dilke, Bt. M. P., on " America and England
in the Bast," and M. de Blowitz, the Paris correspondent of the London
Times, gives a very careful analysis of " The French Press and the Drey-
fus Case."
The Journal of Mental SaENCE. J. & A. Churchill, London.
This valuable quarterly came last ApriL A. Wood Renton, Barrister-at-
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MAOAZINKS. 265
littw, contribntes a leading article on '*The New Inebriates Act ; '* W.
I4oyd Andriezen, M. D., writes on "Classification in Mental Disease,"
and ConoUy Norman, M. D., of Berlin, on "Considerations on the
Mental State in Aphasia." The French Retrospect is by Dr. Rene
Semelaigne ; the German, by Dr. J. Bresler ; the Belgian, by Dr. Jules
Morel ; the Dutch, by Dr. F. M. Cowan ; the Danish, by Dr. A. Priss ; the
Italian by ProC Bianchi. Dr. Have lock Ellis contributes the " Retrospect
of Physiological Psychology," and Dr. W. Ford Robinson the Italian
Retrospect
The editors now are Henry Rayner, M. D., A. R. Urquhart, M. D.,
Conolly Norman, F. R. C. P. I., and Edwin Goodall, M. D.
SociBTT FOR PsYCHiCAi, !EIksbarch. Keagan Paul, French, Tmbner
& Co., London, Part XXXV, of Vol. XIV, for July, 1899, is on our table.
Alice Johnson contributes four chapters and as many appendices on
"Coincidences," and Prof. Chas. Richet on "The Conditions of Cer-
tainty."
The Supplement contains " The Form of Apparitions in West Africa,"
by Mary H. Kingsly ; "Notes on Occultism in West Africa," by J.
Shepley Park, M. D. F. C. S. Schiller's reply to Prof. Munsterberbexg
on " Psychology and Psychical Research." Dr. F. W. Hellyerss writes
on " Dr. Morton Prince's Experimental Study of Vision."
Among the Reviews is one by Profl W. Ronudne Newbold on Judge
Daily's " MoUie Fancher."
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THE
MEDICO-LEGAL JOURNAL.
FuMUkM undtr ikg Aut^ius qfthe MmUco-Ij^ Soeiit^ qfNtm York,
«
CLARK BBLL, BsQ., KDiTOK-m-CHiBy.
ASSOCIATE EDIT0X3;
LEGAL. MEDIC4L.
A. WOOD RBNTON, Bm., London. W. W. IRELAND, M. D., Scotkad.
Judge ABRAM H. DAILBY, Brooklyn. Prof. J. T. ESKRIDGB, D«if«r, Oole.
Judge JOHN P. DILLON, New Yoric. GEORGE B. MILLER, M. D., Phila.
Judge A. L. PALMER, New Brunswick. JULES MORBL, M. D., Belgium.
PioE W. L. BURNAP, Vermont NORMAN KERR, M. D., London,
judge C G. GARRISON, Camden, N. Y. HERMAN KORNPELD.M. D., Siitiia.
TTgOLD PROST, Eaq., Minnesota. WM. ORANGE, M. D., London.
W. H. S. MONCC, Esq , Dublin. Dr. HAVELOCK ELLI8, London.
SCIENTIFIC.
Prof. VICTOR C. VAUGHAN, Mich. Pro£ R. O. DOREMUS, New York.
MORITZ ELLINGER, Esq., N. Y. C. VAN D. CHBNOWBTH, Mass.
PioC W. XAVIERSUDDUTH,Cliicago. Prof. W. B. MacVEY, Boston.
RAIL WA Y SURGER Y.
MJEDICAL. LEGAL.
GRANVILLE P. CONN, M.D. Concord. C. H. BLACKBURN, Esq., Cindn^Mi
ProU A. P. GUINNELL, Burlington. Vt. Judge CONWAY W. NOBLE,aevela|i4.
R.HA1LVEY RBED,M.D., BMk Srriig, Wy JudgeWILLIAMH.PiLANCI8.N.Y.ai^
NfCHOLA8 6ENN, M. D.. Chicago. Hon. J. M. THURSTON, Netattka.
CHARLB8 K. COLE, M. D., Montona. C; A. LIGHTNER, Esq., Dttn^
DWIGHT J. KELLY, M. D., Ohio.
VOL. XVII.— No. 3.
NEW YORK:
MEDICO-LEGAL JOURNAL
i«99.
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Thft followiflgSare tlie BXCHANOB TOXTItNALS.
Arohly«i XUllflA, ChLcam^ Law JoqimI, JoimhaI of Tub«rcul<Mis.
▲rcUvto Giurtdloo. OtkMgo IjdutuL N«ws.
ArchiVM d'AathropoteCM Columbiui M«L JounuU, KmsMui Cltjr MmA, laiiK,
Cmniaalto, CaiuuUan Journal Mod. La. FM. la Noorol o 0al..
▲Uonlat and Nourotoslat, 8urs«ry» LippmoMt's M^m**"*^.
Amorloaa Jouraai of ClOTOland Journal of L'Anthropolodo^
insaatgr, Modloiao. London Laaooc,
Amortoan Law lUglrttf, Chteo«o Ollnlo, LMoU's LiTlnc Aco.
ArchiTM of P^ilMMm. Cbarltlo% 1^^ Qiianorij Bfoviow.
ArcHlves de laPsycbiatrlo 1^ rrngr— ■ Modlqalo^
ClUHqno ot LiiaU ot do i^or Irronfroond, LoulorUte MrllftaJ Nown.
Mourologlo, Dor Qorichtioul, Lviaaoj and OfeMttr.
AoadomU do Modloteo do l>ol Koocollco BnndMdi- LAtoinry IMwmt.
i'dflo, koUoclvmo, Tjoaai Tntojlimifior.
Auonoaa JovnHl of Poy- DaTonport Aoad. of Nal i^mm Pub. On.
ohotonr, Dotrolt Lesal Nowo. j^ Habana ICodica.
Amorioan rhwtool Jo«w motoUo and Hyglono Oa. xaw DtiidMHo Tnoiart,
nal» jitto, T j»^^ iinj,
Amorioan Law mmwlmm. Duniriisan Col. Jb CUn. *^"*™^
Atlanta Modlooi and Miw Booofd. _.^ ^^^ 3^^ ^
JUOiUl raiiB*. Bnslish Lunacy CommU- ifao^lngal
A>Mrtcw MteM<Mpi««i any. Howiut iuport^ L'^ilrT' ^221
aI^^ n_ri..__i__i_ GtortehO »ltiiiMr. VltM^ lfcdfML»wJ«
inffou-Zoltnnff, Gaaotu doo tiopiianx. lUdUsal BVHtnlskUjr.
Amoriean Modloal Jour- u,,.«^ Modloal Mirror,
^^^ 512!!:. T^ Ti-^^ ■•taiAyiioal
Monthly RoCfOfl- Harraid Law ^•'^|J^» MbdoAtooarttt fur Un&ll*
^^^^^ m^mmj Mizoo- Hototoln Frtoottn Rogto- ^SSSoT ^^^
AnMT. 'journal of MM. _*^'«___ .^^^ , Modloal Hiinld.
Bdonoo. H^. «Prtn«o Mtd. Jour- m^,^
AppHed MloTMoopr, "*^ Modloal atmbnil,
Amorioan Hoonomlat. ^. . <.. ^ • -^ « •••*• *»* ■■'». :
Amoriean Lawyor, mno^ StaiU Board of 11.41^ BuDoiln.
Hoalith. Modlcal Rofflstor.
HulMo Modloal J«w«d. iPlumo^onal JouriMl of
Booton Modloal and Sw- , ■j*'*^,^ North
floal Journal* ^^^ Modicum j^^ OrttOM
BuUotln Boolotio do Mod- ^•'^ ^^^ BidUtIn, g,^^^
lolno M«ntalo Bol«l«wo, " Pl«anla Oaaotta Bm- ,|^ York MO.
BulleUn of tho Iowa ^^» ItadMt Mo
Btato Institutlono. M. Amor. Journal of IH*
Johns H^hhM Untror- acnoato and PimtfttM.
Caoo and Commont, ofty. North Amortooa Mod. B^
C^nidlon PradtMoMr. Journal of ImhriaUr. ^^t«^»
CMftral Law Jowwal, Journal of MMloal iiL, N. a Mod. Jtwiwal,
OonntaeUcut Btato Board JouhmU of Norrow aad ^- ^' AlhamtNra.
of Hitalth. Mootal rUitiii. Oooldontal Mod. Tlmoo.
Courtor ot Modlidno, Jounal do Ktdliiat. ^^^ AnlsMa THmOm,
Oontralblaitt fur Norr.. Jahi^uohor fur PoyoM-
Oumdlan Law TlaMO. mitxU, Fhlladolphhk Tlwii «id
Chariotto Mod. JouimI. TTTur^gl nf Blurtj^ iHmrn Btdotar,
Oapo Law JdarMO, ponUoa. Paolflo Modloal JoutmO.
Digitized by VjOOQIC
BXCHAMG9 JoORNAiA-^ontinited.
Byoyd » Um- SanltorUn. Tu^, wiM and ]0Wa,
w^mm mtA muwmr. Samtary lUoovA. TIm Ltgal AdTlMr.
£*enoiua BlgHts, SmltliMaiaB Instttvta, TIm PhlllstliM,
Plitiaologl— I Jowrnt. aoflli** MMIoIm L«tiM« Ua Bha^ Bi«i««r,
PayolMlogleall Bariaw, da Fimaet, TIm Tbtraplat,
FaBA Taa Ditnoomt, Soolaty D'AadiiffoiMaotte. TIm PhyirialaB aad 0ar-
Fa. Bmm OaoLof Loaaay. BniaMla. ^aon.
PnUSa OpIalOQ. fo^aty for Pajrabtoal Ba- Tha FaaUly PhTafiolaii.
FM aad Nanra Path. M«rGii. Tha Lawyar and MaffliH
KharfcaS. RvMla. ••datjr «or Proawtla« Ifca trata,
Fablla HMlth JaunMP, e.^!??^ *i.*^ loaMi^ The Public,
Ffetelar^a lak. - g^**"** ItaaaiM, Tha Taiua Cllnlo,
Fanny Macasine. Sii^f?!-5?*2? ^12^* Tha Plamln« Bword.
Panrs Maoaiaa. Ki^TtL^SLi*''"^ The Raven,
prudence Madl«U Jour- gSS^JIlvfT^^^ Tha OobUb* A..,
Saoaater and ThlalMr.
Spectator. UalOB Indnatrial DNit
Panalo^
UBivanaa Had. Bolenata.
kavtow ^ Rairlawa, Tmummm Steito Baaid af Tirttela Law
FallMy Sanaaa. HaOth, Vli»tola 1
BaUway Aga, Tha Journal of Ids. Monthly.
Rama da la HypaotlaaM, state Medb Ass.
funrftiii^ n^ii^ *' !?• 9*^ ^^ Journal, wamaa's Had. JVyaraal.
""SSSlai: "'^''^^ 3?^J^ W^TllawJoun-l.
RiSr^Aa^n^U^ STb^SSU"^ WeatVir^Bar,
<rf Sdanclai in^ Awaa. X-Ray JauraaL
,__ |U«a, 1^16 Monlat
*SI?*/ftiiIr"^' "^ ™* CosmopoUtal Oatao. r^ ^a^ JouumI,
I'ay. cuaDoai, path,
^ Tazaa flaalterlMi. Zeltachrin far Sohwilav
Tesaa Madlaal JounMU, Stimfeoht,
Boaad ^ l4UMMy. Intaratata Med. Journal, SMtaduiff far FqreMatra
Digitized by VjOOQIC
The Supreme Court
OF^ THED
States and Provinces
of North America.
V^OI^ILJNIE^ I.
of tbis work is now in press and will shortly be published. It contains a
Historical Sketch of the Court of each State, with Portraits and
Sketches of the Judges apd the Supreme Court of tibiat
State, so far as the same are now accessible.
The following States, Provinces and Ddpendenciss will be embraced m Vol« I :
Series i — Texas, Kansas. Series 2 — New Jersey, Oregoo. Series $ —
Alabama. Georgia and New Brunswick. Series 4— Pennsylvania, Dela-
ware. Series 5, Part i—Conneccicut ; Series 5, Part 2 — Rhode Island
and Santiago de Cuba. Series 6, Part i — Minnesota and New Hmnp-
shire ; Series 6, Part 2 — Ohio. Series 7 — The addenda of all the names
by States to bring them up to 1900.
Vol. II. will Continue the History of the Supreme Court
in other States, which will be taken up in the order in which the infimna-
tion is obtained to enable them to be completed.
Much pdns and labor has httn given to the preparation of th^ ^etdhes of
the members of the Co art and to obtain authentic Portraits of the pres-
ent Bench in each State or Province and to reproduce them.
The History of the Supreme Court
has been prepared under the supervision of the Chief Justice of the State, or
some prominent member of the Bench or Bar of the State, and no pains or
expense has been spared to make the work authentic and reliable. It has
been issued in part in serial numbers, and can be obtained still in that
form, at the price of $1.00 each. The work has been edited by
Clark Bell, Esq., of the Bar of New York City.
Subscriptions to the same are requested from the Bench and Bar.
Also for copies of portraits of members of the Bench of other States, now
needed for Vol. II., in course ot preparation. It is published by the
Medico-Legal Journal,
39 Broadway, - - New York City,
Under the SupervUion of tbe Editor,
To whom all oommonicatioiis should be addressed.
V
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CORPORAL PUNISHMENT AND CRIME.
BY W. H. S. MONCK, ESQ., OF THE DUBLIN BAR.
The corporal punishment of criminals is a very wide
subject, and I shall not attempt a full discussion of it or
examine in detail what other members of the Medico-Legal
Society have said or written on it. Indeed, a' full discus-
sion of the question of whipping alone would occupy too
much time and space. I shall, therefore, confine myself
to some remarks on the subject which, I hope, may not
prove entirely unconnected.
Commencing with the Mosaic Law, to which reference
is often made, it contains no provision for imprisonment,
which is at present our most ordinary punishment for
criminals. Moses, in fact, had no prisons, and prisons,
throughout the Bible, seem to have been used as places of
detention or safe custody, not of punishment — ^the inmates
being untried prisoners, not convicts. Other early legal sys-
tems present the same feature. With the exception of res-
titution and fines, all punishments were thus corporal, and
they were chiefly reducible to three: death, whipping, and
mutilation, in accordance with the lex talionis. Very few
persons would, I think, now desire to revive the Mosaic
Criminal Code and to abandon our imprisonment system,
while the lex talionis has been expressly condemned in the
New Testament. This being so, I think no argument in
favor of capital punishment, whipping, or of any other
kind of corporal punishment, can be drawn from the fact
that it was included in the Mosaic Code.
The disgrace involved in whipping is supposed by some
Read mt the December netting, Medico-Iyegal Society, 1899.
Digitized by VjOOQIC
268 CORPORAL PUNISHMENT AND CRIME.
to have a deterrent effect on criminals and intending crim-
inals, though perhaps the persons who use this argument tell
us that they would apply the punishment only to hardened
brutes who do not mind the disgrace and do not feel de-
graded by the infliction. Here let me remark that the
disgrace attached to any punishment depends to a large
extent on its infrequency. No punishment which is in
use every day on persons of all ranks, will be regarded «s
very disgraceful, and this actually occurs with whipping in
some Oriental countries, where statesmen are not exempt
from that punishment. And there are also public schools
in which, owing to its frequency, whipping is not regarded
as any disgrace. It is one thing to be the only boy (or
girl) out of one hundred who is considered bad enough to
be whipped and whose whipping will, therefore, be long
recollected, by the others, as a remarkable incident in their
school-life, and it is quite a different thing to be one of a
large number of whipped persons whose individual chas-
tisement will soon be forgotten, owing to the constant re-
currence of similar incidents. In religious houses, too,
whipping was not regarded as disgraceful and was often
self-inflicted, and I am not sure that this practice (as well
as its use in penitential discipline) has quite died out If
whipping is made an ordinary punishment, the element of
disgrace will soon sink to very narrow proportions. The
chief reason why it is considered more disgraceful in the
case of girls, than of boys, is that it is more unusual.
But then it is painful, and pain has a strong deterrent
effect. Pain has a deterrent effect, but its eflBciency in
this respect may be easily overrated. The foot-baller or
cricketer often suffers a good deal of pain, but he does not
give up the game on that account The pugilist expects
to suffer pain every time that he fights. The element of
danger is indeed often rather an incitement to sports than
Digitized by VjOOQIC
Corporal punishment and crim^. 269
the reverse, yet the danger almost always includes the risk
of tedious and painful injuries, as well as of death. What
would become of our armies if the soldiers feared pain, or
of persons sufifering from infectious diseases if the nurses
feared it? I have already referred to persons voluntarily
undergoing pain from religious motives, and I could give
many other examples. It is a fact, I believe, that school-
boys have sometimes asked to be whipped instead of
being kept in-doors and forbidden to engage in their usual
amusements, and if some letters on the subject can be
trusted, girls have sometimes made a similar choice.
Again, pain derives much of its terrors from being unusual
and unknown to the oflFender. The anticipation is worse
than the "corporal sufferance." A person who has never
undergone or witnessed a whipping, or been intimate with
one who underwent it, may look forward to it as some-
thing very dreadful, but if it becomes a common punish-
ment it will soon assume a different aspect. The prisoner
reflects that what others have borne, he can bear ; that
shortly afterwards they did not seem much the worse of it,
and that when asked about it they made light of it. And
there can be no doubt that a man's power of bearing pain
increases as he becomes used to it As a rule, long and
painful illnesses are borne patiently.
But we are told that the man who is convicted of a
crime for which he is liable to be whipped, first begs the
judge to let him off that penalty and then petitions the
executive for remission of it, and finally roars loudly when
he is being whipped. Be it so. What does it prove ? The
very same thing often occurs in the case of a naughty
child, but is it not a fact that it is usually the very same
boys who are whipped again and again? I am not now
referring to "juvenile offenders,'' but to whipping in
schools and families. A reformation effected by a single
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2^0 CORPORAL PUNISHMENT AND CRIM^.
whipping is here the exception, not the rule. The most
ordinary cases are those of no whipping and repeated
whipping. Yet the child who has been repeatedly whip-
ped probably exhibited all these symptoms of terror and
pain on the first occasion. I read, not long ago, of the
case of a girl whipped for pilfering^(at school) who screamed
loudly at the time and was detected committing the same
oflFence on the next day. Some persons feel very strongly
at the moment, but their feelings are very transient. A
great exhibition of terror and loud cries of pain afiFord no
guarantee of permanent amendment If we take any
school in which the rod is in use, the chances are that the
child who has got most of it in the past, will get most of
it in the future. It is a great mistake to estimate the de-
terrent eflFect of any punishment by the feelings of the cul-
prit at the time of infliction or shortly before it Capital
punishment would have an enormous deterrent effect if we
were to measure that effect by the feelings of the doomed
man when the day of execution is close at hand. But
when he committed the crime (supposing that it is not
committed under the influence of some passion which pre-
vented him from reflecting at all) he probably expected to
escape even suspicion and arrest. Then he has his chance
of acquittal or disagreement of the jury, or of mercy after
conviction.. The chances that he will be hanged are, in
his own opinion, very small, and he is as ready to risk a
good deal on the throw of a dice as a gambler is. In cases
where no crime is concerned, a man may risk his life reck-
lessly, yet feel terrified when brought face to face with
death, while on the other hand he may behave with calm-
ness and presence of mind when in danger, and yet resolve
not to act so recklessly again.
But I am told that criminals who are whipped very sel-
dom incur the penalty a second time. Be it so. That is
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CORPORAL PUNISHMENT AND CRIME. 271
a natural consequence of the unusualness of the punish-
ment as long as it continues to be unusual. A man may
be a habitual oflfender and yet not incur an unusul sen-
tence a" second time. Speaking of the English practice,
whipping is never compulsory. In cases where the law
permits it, the infliction is left optional with the judge or
presiding magistrate. Many judges and magistrates de-
cline to pass sentence of whipping at all. Others confine
it to cases of unusual aggravation, and the number of
crimes for which it can be inflicted is small. In the case
of juvenile offenders there is also an age-limit, and a boy
cannot be whipped if he is over that age. It is not then
surprising that criminals who have undergone two or more
whippings are not very numerous. But can we suppose
that juvenile offenders are unlike other juveniles and be-
come reformed characters after one whipping when other
boys rarely escape with a single infliction ? I believe noth-
ing of the kind»
I have no belief in the alleged results of experience
when merely stated in general terms. An ounce of statis-
tics is often worth more than a ton of opinion. When a
man has imbibed, in early life, a predilection for any pun-
ishment or any criminal system, he will usually see every-
thing in experience that tends to confirm his previous
opinions and nothing that conflicts with them. The
opinion of a man who has changed his mind in consequence
of experience is indeed usually entitled to some weight,
because the change affords some evidence of close observa-
tion, independence and impartiality. But the man whose
opinions have never been changed or modified by his ex-
perience, but who, nevertheless, confidently appeals to ex-
perience in support of them, is seldom worth attending to.
We have a controversy going on, as I write, with respect
to the creation of a Court of Criminal Appeal in England-
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2*72 CORPORAL PUNISHMENT AND CRIM^.
Barristers and solicitors of long, standing write to say that
their experience has satisfied them that the Home Office
is a better appellate tribunal than a Court of Criminal Ap-
peal would be. Now, as to what a Court of Criminal Ap-
peal would do in any given case, they can have no experi-
ence whatevei:, and as to what percentage of the decisions
of the Home Office are right, they have really no real ex-
perience either ; for, as a rule, they can have no knowledge
of the innocence or guilt of the appellants, except that a
secret tribunal, which assigns no reasons for its decisions,
has allowed or rejected the appeal. But the very question
at issue is what percentage of these allowances or rejections
are right.
There is, I think, no satisfactory evidence that whipping
is a peculiarly efficacious punishment, while there is a good
deal of evidence to the contrary. In almost all civilized
countries it is falling into disuse in every department — ^not
merely in the punishment of criminals, but in the army
and navy, in the correction of children, in the maintenance
of discipline in public institutions and asylums, and in fact
in all cases where it was formerly resorted to. I do not
think the young people of the present age are worse than
their predecessors, though they get much less whipping,
I do not think that girls are worse than boys, though they
get much less whipping. I do not think that children
who have been whipped are, as a rule, any better con-
ducted than those who have not ; and if I were going to
employ a discharged convict, I would give the preference
to one who had not been whipped.
I have no belief in punishing any man because he de-
serves it. The object of state punishment is, I apprehend,
to protect the citizens and to prevent crime. Anything
more than is required for these purposes, is unjuitifiable
cruelty. A man may deserve to be torn in pieces by wild
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CORPORAL PUNISHMENT AND CRIME. 273
horses, yet if nobody would gain anything by punishing
him, no punishment ought to be inflicted by the state.
But further there is no reliable measure of what any man
deserves. Describe a crime to a dozen different persons
and you will perhaps have a dozen different opinions as to
what the perpetrator deserves ; and moreover nobody can
estimate the criminal's real demerits without knowing his
previous history, his motives and his surroundings. If we
have to punish a thief according to his deserts, we have to
compare personal property with physical suffering, and
there is no standard by which we can decide how much of
the latter is equivalent to a given amount of the former.
The only mode of measuring ill-desert, that I know of, is
lex taUonis; and this is inapplicable to the thief whenever
he has not the means of making restitution. We cannot
take valuable property from him if he has no valuable
property to be taken. If we whip him, how many strokes
does he deserve ? I know of no means of arriving at a
satisfactory answer. There can be no equivalence in quan-
tity between two things that are dissimilar in kind. Even
the lex talionis is really unequal in its application. "An
eye for an eye and a tooth for a tooth " is a very rough rule
for adjusting crime and punishment One man may have
a bad eye or a loose tooth which were not of much value,
while with another both are perfect, and perhaps his whole
means of livelihood depends on his sight. Then there is a
difference between a hasty blow which, aided perhaps by
negligence or unskilful treatment, results in the loss and
the deliberate destruction of the organ — ^to say nothing of
the element of provocation. But our criminal system in-
troduces a further element of difference between the crime
and the punishment The offender is seized and carried
off to prison, to the injury of his trade or occupation. He
has to bear all the costs of his own defence. His crime
Digitized by VjOOQIC
274 CORPORAL PUNISHMENT AND CRIME.
and his punishment are published to the world, and finally
he has probably to remain for some time in prison in order
to enable the punishment to be carried out. There are
thus a number of elements which make the punishment
worse than the injury for which it is inflicted, even when
the lex talionis is adhered to as closely as the circumstances
will permit. In England, in the case of adults, the sen-
tence is always one of combined whipping and imprison-
ment. Assuming that the prisoner is whipped in accord-
ance with the lex talionis^ why is a term of imprisonment,
quite outside of that old-fashioned rule, superadded ? Or
why is one act of violence punished by two or three whip-
pings? The Mosaic law does not provide either for the
combination of whipping with imprisonment or for repeated
whippings, inflicted for the same offence. And if whip-
ping is so effectual a punishment, why should more than
one whipping be required in any case ? Then there is a
general objection to almost every kind of corporal punish-
ment, viz.: that it tends to brutalize the people, especially
when the sentence is carried out in public. That a public
whipping is a brutal exhibition and calculated to do harm
to the spectators (especially to the young) will, I think, be
conceded in case the victim is innocent; but how is the
case really altered on the assumption of his guilt ? The
spectacle is the same in both instances and it has a demor-
alizing effect similar to that of a bull-fight or a dog-fight.
Public hangings and public floggings have been abolished
long ago in England. But has this abolition got rid of
the evil ? Graphic descriptions, with illustrations, appear
in low-class newspapers, which figure largely in the win-
dows of print-shops and can be purchased for a penny or
two-pence ; and I may add that while such public exhibi-
tions are demoralizing, privacy often deprives the punish-
ment of much of its deterrent effect Those who con*
"Digitized by VjOOQIC
CORPORAL PUNISHMENT AND CRIME. 275
stantly inflict the punishment are most likely to be injuri-
ously effected by it ; but they are often policemen or war-
ders who ought to discharge (and are expected to discharge)
their other duties with as much humanity as is consistent
with firmness. A brutal policeman or a brutal warder is
even more undesirable than a brutal judge. Whatever the
prisoner's demerits may be, the constant dealing out of
brutal punishments will harden and coarsen the minds of
all who are engaged in it
There is moreover a practical objection of another kind.
Some judges, if allowed discretion, would use the lash on
every possible occasion, while others would never employ
it unless compelled to do so. A punishment which its un-
equal in its nature, is thus rendered more unequal in its
administration by the divergent views of different judges
in relation to it If made compulsory, a similar question
would arise as to the number of strokes, some adopting the
maximum and others the minimum number for the same
offence. It is true that in every case in which the sentence
is left largely in th^ discretion of the judge, a diversity of
practice will spring up, unless corrected by an appellate
tribunal, because some judges will always be severe and
others lenient But there is a difference between a lenient
judge and a judge who objects on principle to the employ-
ment of a particular punishment. The men who escape
whipping under one judge may be much worse than those
who undergo it under another judge. Hanging may be
made a compulsory sentence, because it admits of no de-
grees, but in whipping the number of strokes and the in-
strument makes a very material difference, and these par-
ticulars can hardly be fixed by law in such a manner as to
exclude the discretion which different judges will exercise
in a different manner. Anything like a uniform practice
and a fitting of the punishment to the crime seems, in th^
Digitized by VjOOQIC
276 CORPORAL PUNISHMENT AND CRIME.
case of this punishment, to be unattainable. I may add
that any punishment from which oflFenders of one sex are
exempt, are liable to become unequal in application. Of
two joint oflFenders the female may be the worse, but the
male has incurred a penalty from which she is exempted.
Now there is nothing more calculated to render the public
dissatisfied with our penal system than gross inequalities
in its application, and in the case of whipping I do not see
how such inequalities can be avoided. This evil attains
its maximum in England, where there is no court of crim-
inal appeal, and both whipping and non-whipping judges
carry out their respective views without any interference
on the part of the Home Secretary.
That the prison system has its drawbacks, must of course
be admitted, but I think those of the corporal punishment
system are greater. At all events the latter system does
not admit of much improvement Electrocution does not
seem to possess many advantages over hanging, and I do
not know that many improvements in the mode of inflict-
ing whippings have been made during this progressive
century. On the other hand the prison system has been
improved and is susceptible of much further improvement
It can be rendered at once more reformative and more pro-
ductive than at present Every able-bodied prisoner should
earn his own bread while in prison, and should, in the
great majority of cases, be a better man when he left than
when he entered. The improvement of our prison systems
is one which has attracted much attention, of late, at both
sides of the Atlantic, and there is every reason to hope that
it will be carried on until really good results are attained.
The substitution of corporal punishments for imprison-
ment, at such a juncture as this, would, I think, be a very
unfortunate step. It would be the substitution of an un-
improvable system of punishment for one which is at pres-
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CORPORAL PUNISHMEN;r AND CRIME. 277
ent in a state of rapid progress. A perfect system of pun-
ishment is indeed impossible. All systems have so many
defects that humanity is not the only reason why we should
desire to see punishments constantly standing at the irre-
ducible minimum. The smallest amount of punishment
which will adequately protect the lives, liberties and prop-
erties of the people, is the amount which should be aimed
at by the statesman no less than by the philanthropist
The statesman, like the general, should aim at attaining
his ends with the least possible loss to those who are under
his orders. He may have to sacrifice a large number of
lives in order to gain his object, but he should never sac-
rifice them unnecessarily. He should keep his object
steadily before him and sacrifice nothing that does not con-
tribute to its attainment Malice and revenge are as much
out of place in the court house as in the battle field.
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THE DREYFUS CASE.
BY HOWARD ELLIS, ESQ., OF NEW YORK CITY.
A famous English Judge, Chief Justice Willes, said that
one of three things made a great lawyer : a miracle, special
pleading, or the assizes ; either the highest appreciation of
the relation of man to government, a man of genius ; a
clear knowledge of the process of legal thought, a pleader;
or an exact perception of the circumstances and incidents
of human transactions, the knowledge of the rules of evi-
dence. The office of the lawyer is the ascertainment of
moral truth ; that condition of facts which exhibits a man
in relation to his fellow. To reach this conclusion, and
to submit to an adjudication, is the duty of the practitioner.
It is evident that the determining body, the court, must
be in a receptive condition of mind to accept and act upon
the facts presented to them. All favor, fear or afiFection
must be expelled, that a sound, a sane judgment may be
declared. "A sane mind in a sound body" is the first re-
quirement of a judge. Observation will show that great
jurists have been distinguished by fine health and temper-
ate minds. In the selection of jurors, men of equable
mind are called for the general panel, and in the jury box.
The reputable citizen is put upon the panel, and the un-
prejudiced man is chosen for the jury itself. When the
trial body is both judge and jury the highest sense of just
conduct must be exercised, a sense of honor. In the appli-
cation of criminal justice this sense must be acute.
In modem times, this authority is entrusted to the dis-
cretion of administrative bodies only, the most notable of
Read at October Session Medico-Legal Society, 1899.
Digitized by VjOOQIC
mn DREYFUS cAs^. 279
which is the court-martial. That tribunal is chosen from
officers of clear faculties and high character, and any de-
parture in the selection, or in their action, arouses univer-
sal alarm and condemnation. The consideration of the
action of such a body of men interests alike the physician
and the lawyer, and is peculiarly a matter for discussion
before this society. The operations of the mind must be
tested by sane conclusions, by sound determinations ; the
former the function of the doctor, the latter that of the
lawyer. The examination of the trial of Captain Dreyfus,
because of the intensity ot the public interest, and the un-
broken line of criticism (every one participating in it)
becomes a fit subject for our consideration.
To say that the procedure in his case has shocked man-
kind is not enough ; it has appalled the nations. The aid
of the French Bar, that marvel of ability ; the learning
of the Academy — the Immortals, and the wise patriotism
of the foremost statesmen, were all rejected, while the in-
solent assertions of military intolerance were not only
received but invited. Justice and humanity are the dis-
tinct features of civilization ; one finding its expression in
war, the other the protection of the weak. In a forum
comprised by a court-martial the purest administration of
human justice should be found. Exact evidence and
broad principle only must direct such a body. To assume
that any control, within or without, personal prejudice or
public passion, may interfere, is intolerable. When force
and injustice move together to degrade or destroy, the cry
arises : ''Man's inhumanity to man makes countless mill-
ions mourn."
High and universal condemnation of the Dreyfus court-
martial is the judgment of the peoples, and this is the ar-
raignment of a nation. No plea of defense has yet been
Digitized by VjOOQIC
280 TH^ DRKYI^US CASE.
heard, neither will it be heard. Confession and contrition
alone will "purge the general weal" of France.
In the beginning of our jurisprudence, in the feudal
times, the jury was composed of the witnesses, and justice
was sharp and swift Now the refinement of procedure
has made prominent the aid of expert testimony Con-
venience has become a necessity, with that tyrant's meth-
ods. Necessity knows no law, because it cares not to
know. But when harsh justice is administered at a tyrant's
hand, then the end has come. The court at Rennes, domi-
nated by the feudal spirit which the "Revolution" did not
destroy, and animated by wilfulness of opinion, has mixed
elements of adjudication, possibly benign when separate,
but when combined have produced a force which disrupted
justice. England in her most cruel age, France when
mercy took her flight, do not show so heartless an act as
the outcome of the trial of Alfred Dreyfus. And a court
of honor was a divided court Persecution has exhausted
her torments, and her cry of the law is a blasphemy.
Digitized by VjOOQIC
DYING DECLARATIONS.
A FEW SUGGESTIONS BY ANDREW J. HIRSCHL, ESQ., OF
CHICAGO.
It is passing strange that, upon a topic of this import-
ance, SO little has been done in our system of jurisprudence.
Before considering what improvement could be at-
tempted it may be well to recall the present status of dy-
ing declarations.
They are limited not only to criminal cases, but nar-
rowly to one branch, and that is homicide. In this case,
and only in this case, are they admissible, and even there
are to be rejected unless the declaration was made at the
time when the declarant must have been actually "in ex-
tremis," and further under a sense of impending death,
and without hope (or as some say, the slightest hope,) of
recovery.
What, under these conditions, is said may, in case death
actually ensue, be by the bystanders repeated upon the
trial.
The theory upon which they are admitted is first, that
the declarant, under the solemn circumstances requisite,
must have felt fully impressed with the responsibilites of
the future life, and hence prompted to speak the truth,
just as if an oath had actually been administered, and
secondly, through the necessity of the case, it being homi-
cide, and the victim being often the only witness, the as-
sertions made by the victim would be the sole testimony
Read before the Medico-I^^^al Society, November Senion, 1899.
Digitized by VjOOQIC
282 DYING DECLARATIONS.
connecting the accused with the oflFence, and if it were not
admitted murder would inevitably go unpunished.
The purpose of this paper is not to criticise the very
salutary principles above referred to, but on the contrary,
to suggest making them more efl5cient, more practical, and
of greater extent.
As stated, the rule is applied only in criminal cases, but
no adequate reason (except that the custom has thus been
established) exists why it should not also be used in civil
cases.
The general principle is that a party accused in a crim-
inal litigation is more leniently dealt with, in every re-
spect than is a party accused in a civil litigation. In this
we see the dying declaration to be a marked exception, as
it is admissible against a defendant in a criminal com-
plaint, and not against a party in a civil litigation.
A person injured in a railroad accident, or other disaster
and conscious of immediate dissolution, is surely under as
great a solemnity of ultimate responsibility as any one,
and his expressions thus made should be allowed as evi-
dence in subsequent litigation, though of a civil nature.
True, it may be said that even there he might wilfully lie,
with a purpose of fixing the blame upon some one else,
and with the expectation of enabling his dependants thus
to obtain compensation through the courts, but the same
reasoning should exclude, from a criminal trial, the decla-
ration made by the victim of the assassin, because, while
indeed it may not have been made with a purpose of aid-
ing the dependents to recover pecuniary compensation, it
still may have been made under motives even more power-
ful, namely, hatred or revenge. "Revenge is sweet" may
be in the mind of the declarant.
* 'Heaven hath no hate like love to anger tamed,
And Hell no ftiry like a ¥roman scorned."
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DYING DECI^RATIONS. 288
Under these circumstances, the oath in the court room
has frequently been violated, and no doubt the awful mo-
ment, at the brink of eternity, has frequently failed Vo
force absolute truth upon the lips.
But in whatever way, and for whatever purpose, dying
declarations be used there should properly be a modifica-
tion of the conditions under which they are accepted.
As noted above, the declarant must be essentially with-
out hope, or, as some say, without the slightest hope, of
recovery when uttering the declaration. In the majority
of instances, quite naturally, and indeed necessarily, the
physician is a witness and probably the sole witness to the
dying declaration.
The first duty of the physician is to encourage the pa-
tient Even laymen know that words of cheer (though
the speaker himself lack confidence in them) are better
than words of discouragement. Patients often rally from
the most critical condition when brightened up and aided
by strengthening words of the physician or friends, and
again, patients, often in a fair way of recovery, have been
thrown into despair and death by the doleful utterances of
those surrounding them.
? It is, therefore, quite difficult and strangely inconsistent
for the medical man, upon the one hand, to exert himself
by way of stimulating, encouraging and strengthening the
patient with cheerful words provocative of hope of re-
covery, and at the same time, for the purposes of the law,
to^treasure up the assertions of one who must, of his own
comprehension and that of the physician's, be at the time
without any hope of recovery.
Pretermitting all . reference to the various constitutional
or statutory provisions and safeguards, such as trial by
jury, and the confronting of witnesses, and the presence
of witnesses in court, (because, if necessary all these could
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284 DYING DBCLARATIONS.
be changed or modified,) and not undertaking, for the
present, to point out in detail the execution of any reform,
let it suffice to suggest that physicians, by virtue of their
office, should have power to administer oaths, and hence
could place the patient under the responsibility of an oath
while arousing in him the hope of recovery.
Provision might be made that the physician thus take
the statement of the patient, and if time and circumstance
permit, that the party to be affected be notified of the
same, and have afforded him an opportunity, either before
the same physician, or before some one else authorized to
administer oaths, to cross-examine the declarant If the
party to be affected be not known or not accessible, some
public official, as for instance the State's Attorney, or per
haps some justice of the peace, or judge of a Court of
Record, or perhaps some commissioner to be appointed by
such judge, should be charged with the duty of such cross-
examination, and the same should be put at the disposal
of all parties who may be found in interest.
Or yet again, the physician himself might, by force of
law, if no other plans be practical, be authorized to conduct
somewhat of a cross-examination, at least to the extent of
testing the mental capacity, the motive, the memory, the
perceptive powers, and in general the truthfulness and
accuracy of the declarant
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PSYCHaLOGICAL STUDY OF JURORS.
BY T. D. CROTHBRS, M. D., SUPT. WALNUT I/>D6B HOSPITAL,
HARTFORD, CONN.
The tmcertainty of jurors, and the capricious, whimsi-
cal character of their verdicts, are accepted as inevitable,
and explained as part of the natural weakness of the mind.
It is assumed that, if the facts are clearly presented, a jury
will give a common sense verdict, which will approximate
the truth and human justice. Where they fail it is due to
the confusion of testimony, the misrepresentation of coun-
sel, and the general perversion of facts. Many thoughtful
men consider the judgment of twelve men, who are dis-
interested, superior, and on general matters of dispute, of
far more reliable character than the judgment of one
trained man. Yet, literally, the verdicts differ widely, and
can never be anticipated ; and, whether wise or unwise,
are clearly due to other influences than the commonly sup-
posed conflict of facts and motives of truth and justice.
"While it would be difficult to doubt the motive and in-
tent of the average juror to be just and fair in his conclu-
sion, it would seem that certain conditions and surroundings
make it impossible in most cases, to either understand the
case in question or the principles of equity involved. The
theoretical and ideal jury, to whom are daily referred
questions of life and death, and often momentous interests
concerning families and individuals, is never seen in real
life. The delusions of the court room, that the twelve
men set apart for this duty are endowed with a large and
Read at the October meeting, Medico-]>gal Society, 1899.
Digitized by VjOOQIC
286 PSYCHOLOGICAL STUDY OF JUR6rS.
sufficient mental capacity for the discernment of justice, is
far from being actually true.
From a medical and scientific point of view, the average
twelve men, who are appealed to by the counsel and judge
to wisely determine the issue of a case, are usually incom-
petent naturally, and are generally placed in the worst
possible conditions and surroundings to even exercise
average common sense in any disputed case.
In a recent noted trial, out of a panel of one hundred
jurors, twelve men were finally selected, after a long,
searching inquiry. Five of them were farmers, who
worked hard every day in the open air, men who were un-
accustomed to think or reason, except in a narrow way
along their own surroundings and line of work. These
men all swore that they had not read any details of the
case, although it occupied a large share of public attention,
and had been discussed freely in all the papers. They
were muscle workers, with but little mental exercise, liv-
ing on coarse, healthy food, and sleeping from early even-
ing to early morning. Of the rest of the jury, one was a
blacksmith and two were mechanics, all steady workers ;
one was a horse trader, one a grocery man, one a retired
farmer and trader, and the last man was an ex-railroad
man who had no business. Every one of this jury was
accustomed to be in the open air, and had not read details
of the case, although he had heard it talked over. Not
one of these men would have been chosen to take charge
of any trust, or to decide on any other matter outside of his
everyday life — simply because, on general principles and
from common-sense observation, he would have been con-
sidered clearly incompetent
For ten days this jury was confined from five to six
hours a day listening to the testimony of the mental
capacity and motives of the maker of a will that was dis-
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PSYCHOI^OGICAI. STUDY OF JURORS. 287
puted. Of course, they disagreed ; and had they reached
a unanimous verdict, its wisdom and justice would have
been a matter of accident
In a celebrated case tried in an interior town in New
York, a most complicated dhain of circumstantial evidence
involving the questions of concealed motives of unusual
acts and conduct, of blood-stains, of the accuracy of chem-
ical and microscopical work, of different opinions of com-
petent men, was submitted to a jury of the following per-
sons : one carpenter, one wagon-maker, three coopers, two
farmers, one groceryman, one contractor, and three nur-
serymen. These men all testified that they had not formed
an opinion on the case, although it had been town talk
for months. Not one of them could naturally have given
an intelligent opinion on any of the issues of the case,
even if they had been presented in the most impartial and
simple manner by the judge. When two opposite views
were urged by opposing counsel in an adroit partisan man-
ner, the utmost mental confusion would be inevitable.
This particular jury was not only incompetent naturally,
and by want of training, to discriminate facts that were
tmfsmiiliar, but its members were unaccustomed to consider
any range of facts compared with others to determine which
were true.
In a third celebrated case, a jury composed of four fish-
ermen, two shipbuilders, two stonecutters, one clerk, two
merchants, and two persons of no business, was asked to
decide on the facts of one of the most mysterious cases of
poisoning. A number of expert witnesses and shrewd
lawyers extended this case two weeks, and gathered a mass
of statements that only the most astute judge could have
disentangled. These jurymen were not only bewildered,
but were mentally palsied by the appeals of counsel.
The methods of selecting jurors are thus literally open
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288 PSYCHOLOGICAL STUDY OF JURORS.
doors for the defeat of the very purposes of justice. The
ostensible purpose in the selection of a jury is to secure
men of honesty, intelligence, and courage to reach unbi-
ased conclusions in accord with Jthe facts. In reality the
the practice is to gather men who can be influenced by the
counsel — ^men possessing some defect and weakness which
can be taken advantage of by one side or the other.
The issue of the case will depend on the influences
which can be brought to bear on the jury. Usually, jurors
are rejected when they swear that they have formed an
opinion ; but when they assert that such opinions are sub-
ject to change from evidence, and are not fixed, they are
accepted. The real qualifications would seem to be avail-
ability, credulity, ignorance, and possibility of personal in-
fluence by persuasion, flattery, and appeals to some per-
sonal bias that may be known. Each counsel is interested
in selecting twelve men he can influence to his view of
the case, or, in the court language, "men he can handle
readily." It is unfortunately true that jury duty is evaded
by the best men, and to a large extent, the men who are
willing to serve in this capacity are more or less incompe-
tent In the cities, idle men and professional jurors are
always available. In countr>' towns, farmers, mechanics,
and others find the jury duty a recreation, and a not un-
pleasant change from the monotony of their life. While
these men are superior to the city jurors in honesty, they
are less able or accustomed to the confinement of rooms
and the emotional appeals of partisans.
It is evident to any general observation, that the average
jury is unable to pass judgment on, or even to comprehend,
in any adequate way, many of the questions submitted to
it, such as motives and capacity of the mind, and the
power of control; the analysis of conduct, and the condi-
tions and influences which have been dominant in certain
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PSYCHOIX>GICAL STUDY OP JUROKS. 289
acts; and the application of the law, and the distinctions
of responsibility and accountabillity, the distinctions
of science as to the meaning of certain facto, or the recog-
nition and discrimination of facts from the mass of state-
ments. To this incapacity are added the passionate ap-
peal of opposing counsel, who draw the most opposite con-
dusions from the same set of facts. Then the judge
charges that if they shall find snch and such conditions
to be true, they shall bring in such and such a verdict,
and if such and such conditions are not true, another ver-
dict must be given. This brings them into a state of the
most bewildering mental confasion, from which only the
trained judge could extricate himself. The wonder is,
that they are able to reach any verdict that even approxi-
mate the levels of human justice.
These facts are recognized by all observing men, and
have been the subject of serious discussion for a long time.
It has not occurred to any one to consider the conditions
and surroundings of the jury who are to decide the great
questions of life and death so often submitted to them.
Practically and literally the twelve men of uncertain intel-
ligence, and doubtful capacity and training essential to de-
termine the disputed questions, are placed in the most
adverse hygienic conditions for healthy brain and func-
tional activity. Supposing these men to have fair, average
intelligence with honesty of purpose, they are always in a
close, badly ventilated court room, and are obliged to sit
in one place for five or six hours a day ; in cases of capital
crime they are housed at some hotel at night, and have
changed diet, changed sleeping rooms, imperfect exercise,
continuous mental strain, and this may be continued for a
week, ten days, or even longer. Intelligent and sound
brain reasoning would be impossible under these condi-
tions. Even judges, trained to examine and reason from
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290 PSYCHOIX5GICAI, STUDY OF JURORS.
facts along legal lines, display weakness and confusion of
mind at the close of a long trial on many-occasions.
The practical observation of any jury in some important
trial will show, after the first day, a listless abstraction that
slowly deepens into a veritable mental confusion. At
times some one of the jury will appear impressed, but
soon settles back into a prolonged, steady, vacant stare at
the counsel and witness. As the case goes on the faces of
the jurors become paler, or increase in redness; their eyes
lose their intelligence and become vacant or watery. Some
show restlessness in their frequently changing positions of
body; others become somnolent and inclined to stolidity ;
others are constrained, and seem to be struggling to keep
up some d^jee of dignity, and imitate the judge in severity
of manner. Then the counsel flatters them, they start up
anew and assume the appearance of more dignity and wis-
dom. Every lawyer has many curious stories of the
schemes and devices to capture juries and jurors. Many
of these turn on the debility and confusion of mind which
come from changed surroundings and functional disorders
resulting from confinement and mental exhaustion.
After the second day all connected ideas of the case be-
come confuted ; only here and there some fact impresses
itself, or some witticism or story that is strange or grotesque,
or some conflict of lawyers, or reprimand of the judge. All
the rest is vague and uncertain. The surprise on the faces
of the jury, as the judge and lawyers repeat the testimony
of the witness, shows that it is new, and that they did not
hear it at the time it was given. The pleas of opposing
counsel often create equal surprise in the faces of the jury.
If the jury were to render a verdict after one side had
closed, it would be for that side. The same conviction is
noted at the close of the arguments of the opposite side.
The judge's charge often dispels this conviction for the
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psychoixkjicai, study of juroks. 291
last speaker, and throws them back into more helpless,
confused states. They are told to decide between this and
that statement, and if they think this is true, they must
find so and so; if that is true, the verdict must be so and
so. In reality they have no very clear conception of any
of the facts the judge has called to their attention. They
go into the jury room in a dazed, mental state, or possessed
with some particular idea that has become fastened in the
mind ; some idea that has no logical support or sequence
in the testimony which has been offered.
The following study of a case that was recently tried
indicates conditions that are present far more frequent
than would be supposed :
The case was murder, in which an intricate chain of
circumstantial evidence pointed to one of three men as
guilty. The jury was composed of five farmers, four me-
chanics, and three merchants. Nine of them were active
muscle workers, living in the open air most of the time,
and three were actively engaged indoors. The trial lasted
eleven days. The jury were boarded at a hotel, and had
no exercise except walking to and from the hotel to the
court room three times a day. Four of the jury com-
plained of dull headache. On the fourth day five of the
jury had attacks of indigestion, with pain and nausea.
One had chills on the night of the same day, and was given
quinine freely. Two men had attacks of what was called
rheumatism, consisting of pain and stiffness of the muscles,
and a physician was called. Eight suffered from insomnia
and constipation after the fifth night All suffered from
bad feeling and dizziness while in the court room in the
afternoons. Pour had coughs and colds, for which rock
candy and rye whiskey were freely used. Several experi-
enced extreme drowsiness in the court room. The argu-
ments of counsel and the judge's charge occupied a day
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292 P3TCHOtOGICAL STUDY OF JURORS.
and a half. After the verdict and the discharge of the
jury, four of them were confined to bed for several days.
Here were twelve men suffering from functional disturb-
ances due to bad air, changed surroundings, and auto-in-
toxication, called to decide the issues of life and death.
In a case of murder and incendiarism, where the ver-
dict of the jury was severely criticised, the following
were the facts: The jury was composed of farmers, miners,
tradesmen and mechanics. Pour of them were sufferers
from cough and influenza ; six complained of loss of appe-
tite and headache ; one suffered from malaiia, so-called,
and one from a return of an old rheumatic attack. The
trial lasted eight days, and most of the time the jury were
practically sick — ^made so by the surroundings and changed
conditions of living. The diet of hotels, consisting of
rich meats and desserts in great variety, is usually differ-
ent from the average food of the average jurymen, partic-
ularly of the working class. The result is always overeat-
ing and underexercise. This alone would quickly break up
or disorder the mental activities. In addition to this, the
confinement in the bad air of the court rooms brings new
sources of poisoning, particularly deficient oxidation,,
which of itself is sufficient to derange the normal brain
functions. The crowded rooms at hotels are either over
heated and badly ventilated, or cold and noisy. The time
for retiring and rising varies, and the usual habits of the
juryman are changed in every respect. His accustomed
food, sleep, and exercise, and his manner of thinking, and
the subject of his thoughts, all are broken up. He is asked
to lollow an intricate chain of reasoning, and to discriminate
the errors, and told that this is true and that is true, and that
the law should lead him to some other point He is flat-
tered, and his pride is roused to do the best he can. He
grows more incapacitated daily as the evidence accumu-
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PSTCHOtOGICAi; STUDY OF JURORS. 295
lates and his system becomes deranged. Then, in despair^
he will suddenly torm some conclnsion,, guided by a fancy
for some attorney or some remark of the judge. Perhaps
a stubborn member of the jury has formed a conviction on
the first day of the trial, and all the rest of the time is ,
passed unconscious of the evidence, pro or con, and in the
jury room his very stubbomess wins.
In a noted murder trial at Portland, Me., it was evident
that the jury had been impressed favorably to the prisoner*
The prosecuting attorney suggested to the sheriff that he
invite the jury to church Sunday evening to hear a noted
preacher. The topic of the cletgjonan was " God's Hatred
of Sin, and Divine Judgment" The attorney knew the
topic and the intense dogmatism of the preacher, and cal-
culated its effect on the jury. A verdict of conviction fol-
lowed, due almost entirely to the sermon.
The personal characteristics of the jury are often the
only doors through which they can be influenced. Reli-
gious, political, and social or personal prejudices are often
considered by counsel in the presentation of the evidence*
In reality, the average juryman becomes more incapaci-
tated to rise above his prejudices, or to reason impartially^
every day he is confined to the court room. At the end
of a long trial he is utterly unable to form any new views^
and nothing remains but his old prejudices, and these are
often more fixed than ever.
The following record of a juryman's experience was
made by a carpenter of more than average intelligence*
He put down each night his impressions : The first day he
was impressed with the magnitude of the case, and the
sadness of the prisoner. He did not sleep the first night
for the reason that four men occupied one room. The air
was bad, and two men snored loudly. The second day he
tried to remember all that the witnesses said, and its bear-
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294 PSYCHOLOGICAI,. STUDY OF JURORS.
ing on the case, and at night was very weary and went to
bed early, but was wakened and disturbed by the other
jurors. The third day his head ached, and he could with
diflSculty follow the testimony. His appetite was poor,
and he was drowsy. The fourth day he was astonished to
hear opposing evidence; statements which had been made
by apparently honest men were affirmed to be false. He
was shocked, and his first impressions and personal inter-
est were disturbed. His head ached, and he felt weak and
nervous; his appetite and sleep were broken. The fifth
day he gave up all efforts to follow the testimony, or to
understand what was said. He felt stupid and excessively
tired. The other jurors began to complain of the food and
the sleeping rooms, and had several quarrels with each
other on religious and political matters. Foolish stories
were told, and card playing and personal boasting filled up
the evenings. They all manifested disgust at the trial,
and longed for the end, and declared they would never be
caught in a similar case. On the sixth day the case was
closed. The arguments of attorneys, and the judge's
-charge seemed very dull and wearisome. He felt sick,
looked to a release, and his interest in the case died out
He could not understand why so much was said that was
contradictory, and the judge should not tell them the real
facts of the case. In the jury room no discussion took
place, each one voted "guilty" or "not guilty," and when
they found that the majority was "guilty," most of them
followed the majority. Two of the minority became an-
gyy, and refused to vote for over a day, except in favor of
the prisoner. They gave no reasons for their belief, only
saying that they were right, and that the rest of the jury
were wrong. Finally, one of these men was accused of
having some personal object in voting for the prisoner,
and after a short altercation, he changed and the other
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PSYCHOLOGICAL STUDY OF JURORS. 296
man followed him, and the verdict "guilty" was agreed
upon.
In my experience as an expert witness I have frequently
noted the change of feelings in a moderate drinking juror.
If the prisoner was an inebriate, and the crime associated
with excessive use of alcohol, the first two days of the trial
all moderate-drinking jurymen manifest strong feeling for
the prisoner. ' Later, when they become tired, dull and de-
bilitated by the surroundings, all this feeling changes to
severity and desire to punish, no matter what the evidence
may be. All natural sentiments of sympathy and kindness
are replaced by the coarser, lower motives, as the brain be-
comes disordered and weakened. If any of the jury have
had a similar weakness or committed a similar crime, they
usually urge most severe punishment, and especially after
they lose their mental vigor in the bad air of the court
room. In some cases the opposite prevails, and jurors are
strangely stubborn in their unreasoning convictions for the
prisoner. This is naturally the outcome of placing un-
trained men in positions which they cannot fill, and re-
quiring of them clear judgment under circumstances where
it is almost impossible to act normally.
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PREMATURE BURIAL-ITS PREVENTION.*
BY EMILE CAMIS, ESQ., OF PARIS, FRANCE.
The most horrible torture which a human being may be
exposed to is undoubtedly to be buried in a state of leth-
argy, that is to say, alive, and wake up in his co£5n, finally
to die, with the consciousness of helplessness, and with
the awful sufferings upon which it is unnecessary to
dwell.
Such cases unfortunately occur too often. Eminent
savants of all countries admit the fact; legislators are
striving to bring forward, before assemblies, laws trying to
provide against the evil.
Up to date nothing had yet been found better than
waiting mortuaries. Experience has proved that mortua-
ries are dangerous both for the persons buried and for the
public health.
Count Michel de Kamice Kamicki, Chamberlain to His
Majesty, the Emperor ot Russia, having been present at
the awakening, and having prevented the interment of
four persons stricken with lethargy, has been impressed
with the necessity of finding a mechanical apparatus which
could do away with the uncertainty of establishing death
and save people buried alive.
The apparatus which he shows to-day is the result of
the work of several years devoted to his researches.
"Le Kamice" answers, beyond all expectations, the ob-
* Description of **Le Kamice** Safety Apparatus, invented by Count
Michel de Karnice Kamicki, Chamberlain to His Majesty, the Emperor
of Russia, and intended to prevent premature buiial.
Read at December Meeting of the Medico-Legal Society, Dec. 30, 1899.
Digitized by VjOOQIC
WFvmfm^^^T'^^
The rectaagular box is on the level with the soil outside the grave.
Digitized by VjOOQIC
Opening through pressure or traction.
Digitized by VjOOQIC
PRBMATUSB BURIAL* 297
^ect in view. The inventor desired that "each tomb be
temporary for the person bnried, but hermetical and defini-
tive for the living world,"
Summing up the requirements exacted by the inventor,
will do more than any long description to prove that the
apparatus gives satisfaction to science, and absolute security
to the living and to the dead.
1. The apparatus is hermetical, and leaves no commu-
nication between the tomb and the living world, so as to
render every fear of contamination impossible.
2. It can be easily transported, and may be used for a
great number of graves, an essential condition to make it
cheap, so that it hardly increases the cost of interment.
3. The apparatus is adapted and taken away without
opening the coffin, and without moving a shovelful of
earth; a work no harder than to thrust a pike into the earth.
4. The construction of the apparatus is of the plainest;
no electric battery so often defective ; no complicate ma-
chinery; nothing that might not be understood by the
simplest workman.
5. The apparatus works at the slightest and most un-
conscious motion of the lethargic person.
6. That motion, pressure or traction admits the air in-
stantly and abundantly inside the coffin.
7. That motion brings also a little light inside the coffin
as well at night as during the day.
8. That same motion makes a metallic ball rise perpen-
dicularly to a height of five feet, so as to be seen afar.
9. By that same and unconscious motion a strong bell
resounds.
la An iron tube through which air and light passes as
soon as the patient moves, becomes a speaking tube, carry-
ing sound with great force.
Digitized by VjOOQIC
298 PRBMATURE BURIAI,.
11. Those various eflfects can only take place when the
buried person moves.
12. The exterior apparatus can be opened by no one
from the outside.
To the above I must add that the use of "Le Kamice"
does not alter in any way the actual method of burying ;
it is seldom that a new contrivance is introduced without
• disturbing acquired habits. The apparatus is both simple
and ingenious, and nothing seems to have been forgotten
in its construction.
The most authorized professors, the most renowned phy-
sicians, the most competent hygienists, who have tried the
"Kamice," have been unanimous in their appreciations
favorable to its immediate application. Professor Ch. Ri-
chet, of Paris, has boldly declared that the problem was
solved, and that henceforth lethargy was vanquished.
As every one can very well imagine, and as is always
the case when an invention is offered to the public, all
kinds of objections have been raised to belittle Count Kar-
nicki's great work.
In a public lecture, made at the Sorbonne, in Paris, in
1897, Count Kamicki himself has answered all objections
and criticisms in a convincing manner. I do not see it
now possible that any enlightened mind, after seeing the
apparatus, and the conclusive experiments made with it,
can have any doubt as to its practicability and usefulness.
If anything more can be said in favor of Count Kar-
nicki's great idea, it is that he has emphatically expressed
the desire that his invention be put at the disposal of all,
rich or poor. This humanitarian side of the question com-
pletes, if possible, the generous aim of Count Michel de
Kamice Kamicki.
I advise everybody, in the name of humanity, to see
this apparatus, to control its working. I am sangufne
Digitized by VjOOQIC
PRBHATURB BURIAI«. 299
enough to declare that they will come back staunch cham-
pions of "Le Kamice."
As Count Kamicki's representative, I present the appa-
ratus before the Medico-Legal Society for a careful exami-
nation, and I shall have it on exhibition at 835 Broadway,
New York, and I am anxious to make the experiments
necessary to convince incredulous minds. Moreover, I am
desirous to receive all objections, to listen to all criticisms^
and I ask that this body submit the invention to a critical
and careful examination.
Digitized by VjOOQIC
MEDICO-LEGAL SURGERY.
ASSOCIATE EDITORS.
MtdicaL Legal,
Gmnyille P. Conn, M. D., Concord. N. H. Clarence A. Ughtner, Ksq., Detroit, Mlcta.
R. Harrey Reed, M. D., Wyoming. Judge Wm. H. Frands, New York.
Nicholas Senn, M. D., Chicago, 111. Pro^ A. P. Grinnell, M. D., Burlington. Vt.
Webb J. Kelley, M. D., Gallon, Ohio.
This department is conducted as the organ of the Section of
the Medical Jnrisprudence of Surgery of the Medico-Legal So-
ciety. Its officers for 1899 ^u:^ ^ follows :
Oudrwuin,
CUrk BeU, Baq.. of New York.
LEGAL, Vice-chairmen. SURGICAL, Vice-Ckairmen,
udge John F. Dillon, of New York. Ch. Surg W. A. Adams, of Ft Worth. Tex.
ndge W. H. Francis, of New York. Ch. Surg. P. H. Caldwell,M. D., of Pla.
I"
_ron. J. W. Fellows, of N. H. Chief Surg. Chas. K. Cole M.D.,of MonUna.
Hon. W. C. Howell, of Iowa. Surgeon Geo. Chaffee. M. D., of Brooklyn.
- 'ge A. I,. Palmer, of N. B. Prof. A. P. Grinnell. M. D., of Vermont.
flon. George R. Peck, of Illinois. Ch. Surg. W. B. Outten. M. D., of Missouri.
Hon. Ras us S. Runsom, of N. Y. City. Ch. Surg. John B. Owen. M. D.,of Chicago.
Hon. J. M. Thurston, of Nebraska. Surg. Gen. R. Har^ev Reed. M. D.. of Wy.
Hon. Allen ZoUers, of Indiana. Surg. Gen. Nicholas Senn, M. D.. of lU.
Ch. Surg. S. S. Thome, M. D., of Ohio.
Secretary, TVeasurer,
Clark Bell. Esq.. 39 Broadway. N. Y. Judge Wm. H. Prands. New York dty.
39 Broadway, N. Y.
Executive Committee.
Clark Bell, Esq., Chairman.
Ch. Sur. Oranyille P. Conn, M. D.. of N. H. Judge A. H. Dailey. of New York.
Surg. Thomas Darlington. M. D., of N. Y. Sur.R.S.Parkhill.M.D..ofHomelsville.N.Y.
Z^ S. Gilbert, Esq.. Pittsburg, Pa. Sur. Fayette H. Peck, M. D.. of Utica, N. Y.
Ez-Ch. Sur. Geo. Goodfellow. M. D.,Cal. Chief Sur. T. I. Pritcliard of Wis.
Surgeon J. N. Hall, of Denver. Colo. Ch. Surg. F. A. StUlings. M. D.. of N. H.
Chief Surg. A. C. Scott, M. D., of Texas. Chief Sur. Webb J. Kelly, of Ohio.
To Railway Surgeons and Railway Counsel :
We take occasion to advise you to unite with the Section of
Mecico-Legal Surgery, which can now be done by an annual
subscription of $1.50, entitling each member to the Medico-
Legal Journal free.
G. P. CONN, M. D., ABRAM H. DAILEY,
EX'Chairman Section Med.'Leg. Surgery, Ex^President Medico-Legal Society of New
York.
SAMUEL S. THORN, M. D , J. B. MURDOCH, M. D.,
Chief Surgeon 7*.. St. L. 6t K. C. Railway Surgeon and Ex-President National Asso-
Co.. Ex-President National Association ciation of Railway Surgeons.
Railway Surgeons. r HARVEY REED, M. D.,
R S HARNDEN M D Surgeon General of Stale of Wyoming^
Ex-Prekdent New York StaU yl«aaa/«mHUBBARD W. MITCHEL. M. D.,
Railway Surgeons, Ex-President ErieEx-President Medico-Legal Society of New
Railway Surgeons. York.
Members of the Section on Mcdioo-Legal Snrgery, who have not re-
mitted their annaal snbscription to the Section, will please send same to
Judge Wm. H. Fraacis, No 39 Broadway, N. Y., and members will please
not confound the Section Dues with the Annual Dues of the Scxdety,
which should be remitted to Clark Bell, Esq., Treasurer, 39 Broadway,
New York City. Members of the Society or Section wiU please propose
names for membership in this Section.
It is proposed that members of the Society and Section each donate
one bound volume annually to the Library of the Medico-Legal Society,
by action of the Executive Committee.
The foUowing new members of the Section are announced : Surgeon
J. L. Eddy. M. D., President N Y. State Asso. Ry. Surgeons, Olean, N.
Y.; Surgeon C. B. Herrick, M. D., Secy, N. Y. State Asso Ry. Surgeons,
Troy, N. Y.; P. T. Labadie, M. D., 149 East 56th Street, N. Y. City; R.
C. Richards, Gen'l Claim Agt, Chic & N. W. R. R., Chicago, lU.
Digitized by VjOOQIC
SECTION OF MEDICO-LEGAL SURGERY.
Tbansactions op Session op Novbmbbr 15, 1899,
Clark Bbix, Esq., Prbsiding.
The Section met In joint session with the Medico- Legal So-
ciety, at dinner, at Hotel St. Andrew, 72d Street and Grand
Boulevard, New York, at 7 o'clock p. m. After dinner, and
after the Society had concluded its bnsiness, the Section was
called to order by the Chairman, Clark Bell, Esq
A paper was read by Albert Bach, Esq t President of the
Society, entitled "A Pew Suggestions in Railway Surgery/'
The paper was discussed by J. Mount Bleyer, M. D. ; C. B.
Herrick, M. D., of Troy, N. Y., Ex-President and Stoetary
N. Y. State Asso. Railway Surgeons; Dr. J. L. Eddy, of
Olean, N. Y., Vice President N. Y. State Asso. Railway Sur-
geons, (since elected President); Jacob P. Miller, Howard
Ellis, Esq., and Henry Wollman, Esq.
A paper was read by H. Gerald Chapin, Esq., in the ab-
sence of the author, Dr. Granville P. Conn, of Concord, N. H.,
entitled "Progress of Hygiene and Medico Legal Surgry."
This paper gave rise to extended discussion, participated in by
Albert Bach, Esq.; Henry Wollman, Esq.; Howard Ellis,
Esq.; Dr. C. B. Henick, of Troy; Dr. J. L. Eddy, of Olean,
N. Y. ; Hon. Jacob P. Miller.
A paper was then read in the absence of the author, An-
drew J. Hirshl, of the Chicago Bar, entitled ''Dying Declara-
tions."
The Chairman read to the Section the action of the Executive
Committee, and the organization of the American Auxiliary
Committee, organized in response to the letter of Prof. Brouar-
deland Dr. Motet to Clark Bell, Esq.. and the names of
authors of those who have arranged to prepare papers for the
Paris Congress of 1900, and requested that members of the
Section, whoviishedto do so, would contribute a paper for
the Congress, and to forward its title as early as practicable, so
that it could be referred to the proper committee of the Inter-
national Medical Congress of that year.
The Chairman also advised members of the Section and of
Digitized by VjOOQIC
302 MEDICO-UGAI. SURGBRT.
the Society of the appointment of a select committee, to take in
hand the transmission ot the contributions to the proper com-
mittee of the Paris International Congress of 1900, on subjects
relating to Medico- Legal Surgery, and asked the co operation
of members of the Section. He announces the papers already
promised, the titles to which had been already forwarded :
"The work of the New York State Association of Railway
Surgeons," by Geo. Chafifee, M. D., Bz-President of that
body.
'•Railway Surgery in America, by Clark Bell, Esq , LL. D.,
Chairman Section Railway Surgery of the Medico- Legal So-
ciety.
Members of the Section or of the Society, who will unite
in this movement, will please forward their names and thm
title of their proposed papers as early as possible, and the con-
tributions should be completed prior to April i, 1900, to secure
proper classification and recognition. They can be sect to the
Chairman of the Auxiliary Committee, Clark Bell, Esq., 39
Broadway, or tA M. Catteau, care of the Minister of War,
Paris Prance, General Secretary Section B, Legal Medicine.
The following are the special committees, designated by the
American Auxiliary Committee, organized in response to the
request of Prof. Brouardel, in this department:
Military Surgery. Snrgeon General Nicholas Senn, M . D. , of Chicago;
Surgeon General R. Harvey Reed, of Wyoming; Major Geo. Goodfellow,
M. D , of San Francisco, CaL
Railway Surgery, Chief Surgeon W. B. Outten, M. D., of St. Louis,
Mo, of the Missouri Pacific Railway System; Chief Surgeon P. H. Cald-
well, of the Plant Railway System; Hon. Joseph W. Fellows, of Mao-
Chester, N. H.; Geo. Chaffee, M. D , of the Long Island Railway System,
Ez-President N. Y. State Association Railway Surgeons; Prof. W. Xavier
Sudduth, of Chicago, III.
The Section adjourned.
CLARK BELL, Chairman,
39 Broadway, N. Y. City.
F. T. LABADIE, M. D.,
Asst. Secy. Auxiliary Com.,
147 East 56th St., N. Y. City.
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THE PHYSICAl. FITNESS OF THE RAILWAY
EMPLOYEE FROM THE OCULISTS
AND AURISTS STANDPOINT.
BY JOSBPH A. WHITB, A. M., M. D.,
Ophthalmic Swgeon C. and O. and Sonthern Railways, Professor of
Ophthalmolofiry, and Associate Professor of Otology and Laryngology
in the University College of Medicine, Richmond, Va. Senior
Surgeon to the Richmond Eye, Bar, Throat and Nose Infir-
mary. Member of the American Ophthalmological So-
ciety, of the American Laryngological, Rhinological
and Otological Society, Tri SUte Medical Asso-
ciation, SUte Medical Society of Va., Med-
ical Society of West Va., etc., etc.
The physical fitness of the railway employeie, as viewed by
the occtilist and anrist, may be expressed in a few words, for it
is all contained in one sentence, viz. : "An individual with nor-
mal eyes and ears, or with perfect sight and hearing." This,
of course, is theoretically the highest standard p<»sible firom
fhis^ point of view, but if exacted from all railway employees,
whatever their duties, it might prove a great hardship in these
lays of steadily increasing eye defects, and bar many a man
from railway employment whose natural bent and only ftitture
Qes in that direction.
It would be well, therefore, to take into consideration what
standard should be required of different classes of employees, in
regard to color perception, acuteness of vision, the visual field,
the hearing capacity, etc. In all men engaged in the actual
running of trains, who have to depend on signals, whether col-
Ofed or otherwise, which require sight or hearing for their
proper interpretation, such as enginemen, firemen, flagmen and
signalmen,* the standard for color perception, visual acuity,
whether central or peripheral, and hearing power should be as
nearly perfect as it is possible to have it, although many a man
to-day occupies these positions, and is apparently performing
*This sbonld indnde all brskemen, towermen, telegraph operators,
and station agents, who even occasionally handle signals for trains.
Read before the New York SUte Association of Railway Snigeons,
November 16, 1899, and before the Medico-Legal Society, December
1,1899.
Digitized by VjOOQIC
304 MEDICO-I<BGAL SX7RGERY.
his duties satisfkctorily and safely, who Mis somewhat short of
the full requirement as far as visual acuity is concerned. As
this is a proven fact, it shows that it is important to fix upon
a minimum standard which should be an absolute requisite or
the applicant rejected.
As far as cohr perception is concerned there can be but one
standard, and that is the highest and best, — not the slightest
departure from absolutely normal perception can be allowed
without incurring needless and hazardous risks, both to prot>-
erty ard lives.
Whilst the same high grade may not be obligatory for visual
acuteness, because all that is necessary is sufficiently good sight
to recognize the semaphore signals at certain distances, which
can be done with V-fj or even |^ under favorable conditions,
stiU the highest standard should be required of applicants for
the above-mentioned positions, because vision is apt to depred-
ate fix>m various causes, and some allowance must be made for
this possible depreciation. The army regulation for enlistment
requires a vision of f^, although the enlisted men rarely or
ever have such responsibility in regard to lives and property as
' the trainmen, and there is no good reason why equally good
sight should not be demanded of the latter when first accepted
for iluch service, although a somewhat lower standard might be
sufficient in the re-examination of experienced men who have
been for a long time employed in the handling of t'^lns.
As to the visual fields any contraction of its normal limits is
always a sign of commencing visual depreciation, even when
no other symptom of it is present, and when central vision is
perfect, and therefore it should always be a ground for rejec-
tion of a new man, and for transferring an old hand to some
less important position than running a train.
This remark applies equally to any sign of defective heating,
which should be absolutely normal for the acceptance of a new
man. The standard for color perception, visual acuteness, both
central and peripheral, and for hearing, cannot be placed too
high for the men engaged in train service, although this view^
whilst theoretically acknowledged by the authorities of most
railways, is not practically lived up to. The difficulty seems
to be to get any united action in regard to this matter. No
one denies that the railway employee should be physically as
perfect as the majority of men are supposed to be, but the
proper measures to insure this are not put into practice except
on a few roads.
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MBDICO-I<BGAL SURGBRY. 306
I have often uoticed, in this dty of New York, the magnifi-
cent specimens of manhood that make np the personnel of the
police force, and I have always thought, although I was not
certain, that a most carefal physical examination, by a prop-
erly accredited physician, must precede the acceptance of any
app icant for admission to its rank, to insnre such results.
Now, are these men ever put in position of any greater re-
sponsibility in regard to life and property, are their special
senses of sight and hearing put to any greater test, or their
physical powers of endurance to any greater tax than in the
case with enginemen, firemen, brakemen and flagmen of rail-
way trains ?
Why should not, therefore, an equally rigid examination of
such railway employees precede their admission to this service,
as is the custom for admission to the army or to the poUce
force? Would it not pay, and I say advisedly, pay and pay
well, all railroads to imitate the few who have adopted this
course already, and institute a system of strict physical exami-
nation for admission to this service ? A single accident of any
serious nature, caused by a physically imperfect employee,
whether such imperfection be a defect of color perception,
sight, hearing or an abnormal condition, which would lead to
a physical breakdown at a critical moment, would cost more in
dollars and cents than would defray the expense incident to
such physical, examination by competent physicians and sur-
geons. That accidents are frequently due to these causes goes
without saying, and are to be avoided only in one way, and
that is by guarding carefully the physical condition of the
employees.
According to Dr. H. P. Hoyt, Chief Surgeon of the Great
Northern, from whom I quote, there are in this country about
thirty trunk lines, and possibly looo smaller roads, employing
in the neighborhood of 1,000,000 men, and less than a dozen
of them require a complete physicsd examination of their em-
ployees. A small minority of them require an examination as
to sight and hearing, whilst a small majority have a prelimi-
nary investigation of the color perception, which in most cases
is entrusted to laymen, and is very imperfectly done. This is
partly due to the &ct that even among the unexplained acci-
dents it is difficult to trace any of them to color blindness, and
on some roads the claim is made that they have never had an
aoddent due to color blindness or defective vision. This may
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M]$DICO-LBGAL SU&GBRY.
be trae, but is is equally true that about four per cent, of mea
(not women) have defective color perception, and defective
vision is more common still, fieicts worthy of serious considera-
tion by the railway authorities.
The Italian railways require both eyes of normal vision and
refraction, normal fields and normal color perception, for ad-
mission to the service, a re-ezamlnation at 45 years of age,
after sickness or accidents, or if much addicted to liquor or
tobacco.
In England, on the contrary, only || is required as the visual
lest, a dangerously low standard, and up to this time no reform
has been possible, owing to the fact that a large number of the
members of the House of Commons are railway directors, wh«
oppose any change because of the expense that would be incur-
red. This is a poor economy and involves great risk to the
traveling public.
Why our own roads do not pay more attention to the condi-
tion of the sight and hearing of their employees is hard to com-
prehend, for it hardly requires argument to show that it would
be an economy in the end to do so. That it is necessary may
be gleaned from the fact that, during our dvil war, when no
man was rejected from entrance into the army who could pos-
sibly be admitted, there were rejected out of something over a
million men, 15.5 per cent, for defective sight and 3.2 percent,
for defective hearing, or about 15,500 on account of their vision
and 3,200 on account of their hearing.
Dr. V. S. Stein (Mod. Med. Arkiv.) examined 44 firemen
and 38 enginemen, and found only 3 with absolutely normal
hearing. In a practical test of their hearing, however, in rail-
way service, which he accomplished by frequent trips on the
locomotives, he found that these men heard sound signals, ex-
cept whistles, well enough, under favorable circumstances, to
attend to their duties. He concludes that some minimum
standard in regard to hearing ought to be established.
Do not these few facts speak for themselves? Serious acci-
dents have been undoubtedly traced to defective sight and hear-
ing as well as to defective color perception, on some roads, even
if others have failed to do this ; but many accidents, which were
possibly due to these causes, were recorded as unexplained, be-
cause the author of the catastrophe was among the victims.
A year or more ago, in a discussion of a paper by Dr.
Tangemen, of Cincinnati, on the examination of the color
Digitized by VjOOQIC
MBDICO-LBGAL SU&GBRY. 807
flense, the chief surgeon of one of our prominent roads was bold
enough to express the opinion that accurate color sense was not
as ne:essary a requisite of fitness, in a railway employee, as
common sense, and that good brains were more important than
good sight, good hearing and good color perception. It is un-
doubtedly a fad that a man may have the highest order of
intelligence and common sense, without good sight, hearing or
color perception ; but it is also equally true that he would make
a dangerous engineman. Good brains, intelligence and com-
mon sense are equally essential, in a railway trainman, as the
sight, hearing and color sense, and are as much a requisite for
itness as the physical qualifications, but are not sufficient in
the absence of the latter. It is true, employees who have de-
fective sight or hearing, or defective color sense, are working
now, and have worked for years, without accident ; but this
good fortune, on their part, is no criterion that others would
have the same luck. Because they have been fortunate thus
fer, is this any reason why they will not, at any time, cause a
serious accident, if continued in their positions?
Other railway surgeons, whilst not going quite as &r as the
gentleman above referred to, argued against examination for
color blindness, visual acuity and hearing power, on the grotmd
that it might work great hardship to old and trusted employees
who have never had an accident in possibly many years, and
yet who might fell to meet the fall requirement, and lose their
positions. Was there ever a law passed, or a new rule put into
operation, that did not work hardship to some one ? Is it not
well known *^sit orivate interests have often to be sacrificed for
the public good ?
Most railways will take care of a tried and trusted employee
in some other capacity, when he becomes unfit for his old duties,
and even at the worst, would it not be better to pension such
an employee than to allow him to continue in a position where
he has become a menace to life and property ? It is true, he
may have been so all the time, but the authorities of the road
4id not know it, and, when once aware of it, their duty is plain.
Bven his fellow*craftsmen would not care to see him continued
in his position, especially if they had to make the run with him,
after they knew he was disqualified for his position, and ex-
posed them, as well as the traveling public to increased dangers.
But we meet many cases where men whose color perception,
vision or hearing, was perfect when they entered the service
Digitized by VjOOQIC
MBDICO-LBGAL SURGERY.
and who subaeqaently became disqualified by acqtiired defects
or depreciation in one or all of these senses. We all know bow
vision and hearing become defective from disease or injury, but
all do not know that the color sense may become equally im-
paired from the same causes. Central scotoma for colors is more
common than central scotoma for visual acuity, and the latter
is common enough from excessive use kA tobacco or liquor.
When any such depreciation of the color sense happens, win
any sensible man say that the unfortunate victim of this depre-
ciation shall be continued in a position, when he will be dan*
gerous, because of his past service to the company that employs
him, or because he is a man of brains, intelligence and common
sense ? Will these latter save him from the fatal consequences
of the lack of the former, should occasion arise when he must
depend on them for the safety of the lives and property en-
trusted to him ?
Any depreciation of the color sense, therefore, shouldbe good
and sufficient cause for removing an employee from any re-
sponsible position in running trains, although an experienced
man, if his color sense remains good, can still continue, even
on the head end of a train, with vision reduced to what we
might accept as a minimum standard — }^. and hearing to ^ds.
Below this standard his defective sight and hearing would be
almost as great a menace as defective color eense.
And here I wish to state that color sense is one thing and
color knowledge another. A man's color sense may be perfect,
and his color knowledge almost nil. In other words, an ignor-
ance or an inability to name colors does not at all indicate de-
fective color sense, and on the other hand, an apparent knowl-
edge of colors does not always indicate good color perception.
I have seen color blind persons, who manifested a marvellous
ability in naming colors, submitted to them in good light, be*
cause they had thoroughly educated themselves to name colors
as others called them, judging entirely by the intensity of the
shading or illumination ; and, on the contrary, I have seen
others, with perfect color sense, unable to call the names of
colors because they ha4 never learned the names. It is because
of this that many color blind persons escape detection by the
crude methods adopted by some roads, and that men with good
color perception are rejected.
Whilst it is not in the province of this paper to dilate upon
the various methods of detecting color blindness. It may not
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MBDICO-LBGAL SURGBRY. 309^
be entirely out of place to refer to those generally accepted as
among the best. Holgren's method of matching or comparing
colors by means of colored worsted skeins is the one usually
adopted for testing the color sense. A modification of this has
been devised by Dr. Thompson, who tagged and numbered the
skeins, which were arranged on a stick for convenience of ref-
erence and handling. Dr. Oliver has added a greater number
of graded colors, and his modification I am in the habit of
using. Whilst only two of the test skeins, rose, for confusion
colors, and^^^ to determine red-green blindness, are essen-
tial, the red» blue and yellow help in some cases to determine
slighter degrees of color defects. Moreover, the test should be
made at different distances. We sometimes find the ability to-
distinguish red from green, or to match colors, seemingly good
when dose to the worsteds, whereas if they are removed to
some distance, as e. g. twenty feet, even in the best light, defects
in the color perception become apparent. The test is further
strengthened if naming the colors is also required. This, of
itself, is not sufficient, but combined with the worsted test it is
of great value, as showing the applicant's knowledge of colors
on the one hand, and confirming the results of the worsted test
on the other. I have for many years done this, especially for
the most important colors, such as red, green, blue and purple,
which is in the line of work the applicant is called upon to
perfimn, by means of a blackboard with a hole in it, in front of
which is a slide perforated by different sized openings, to cor-
tespond with test letters, so as to be seen under an angle of 5^
at fixed distances, and behind the board a revolving wheel with
different colored glass disks which pass in turn over the open-
ing. When a light is placed behind the board the disks are
illuminated, and the effect of a railroad lantern is produced. By
placing in front of the openings smoked glass of different inten-
sity, the lights may be modified, as in misty or fi>ggy weather,
and render the test more valuable. Dr. Chas. H. Williams, of
Boston, has devised a lantern on this principle, which is more
convenient, and has greater advantages than my crude arrange-
ment It is in use on the New York, New Haven and Hart-
ford R. R., and I have it here for your inspection. There is
also another device of the same kind invented by B. W. Scrip-
ture, of Yale Univermty, which is very ingenious, and which I
have also for your inspection. I think it is important to test
the employees both by the woasted skeins and the colored light
Digitized by VjOOQIC
810 MBDICO-UGAL SURGBRY.
test, as some may escape by one plan who will fail to pass the
other. It may also be well to test a nnmber of men together,
io they may themselves see when a fellow-employee is not np
to the standard.
For examinatum of vision^ the nsnal test cards are all suffi-
cient, provided some means is taken to prevent memorizing the
letters, such as by changing the cards ; Jf for distance and No.
I for reading should be the minimum for new men, and f} for
experienced men who have been some time in the service.
This standard should be reached without glasses, but if it can
^also be maintained with convex glasses, the refraction should
be carefully investigated, as no man should be accepted with
latent hyperopia of more than i^D, as with increasing years
the fiu: sight would become manifest, and he could not then get
the minimum requirement of f} without glasses.
This brings up the question as to whether men should be
accepted for positions in running trains who wear glasses for
distance, even if with glasses they get perfect vision. I should
think not, as however good sight they may have in good
weather, their glasses will become misty and wet in bad weather
with consequently dangerous depreciation of vision. This does
not, of course, apply to wearing of glasses only for reading,
which should be compulsory when necessary, and does not de-
tract from the efficiency of the employee.
For examination of the field of vision, any contraction of
which can easily escape notice, and if present might be the
forerunner of central depreciation of vision, a perimeter is best,
but in lieu of it we can use a blackboard and piece of chalk,
and get a £dr idea of any marked changes in the field.
For testing the hearing, the voice, both ordinary and whis-
pered, should be used, and no rule can be laid down for it I
have been testing people's hearing this way for twenty-five
years, and I can tdl at once whether the hearing for the voice
is impaired. The watch test, so-called, is fallaceous, because
most aurists use a different watch. The tuning fork is an ac-
curate test, but impracticable for hurried testing of railroad
men. Various acoumeters have been invented and a good one
is the little ratchet acoumeter of Sharp & Smith, Chicago,
which can be heard about forty feet when pressed by the
thumb and finger on each side, and about a hundred feet when
held by the rim. It is better to make the applicant count the
ticks as the button is turned, as this makes the test more accu-
Digitized by VjOOQIC
MBDICO-UGAI. SX7RGBRY. 311
rate, althotigli the distance will be thereby somewhat shortened.
The condusions I wonld draw from these few remarks, are
ist. That perfect color perception (not color knowledge) for
red and green, vision of )f , without glasses, and with hyper-
opia over 2 D barred, normal visual fields and good hearing
shonld be requisites to the physical fitness of all applicants for
any position in railway service, in which they may be conected
with the signal service of running trains, or who may be in
the line of promotion to such position.
2d. That they should be re-examined when promoted to en-
gineman, conductor, collector, etc., and the same standard
required.
3d. That a re-examination should also be made after in-
jury or illness of any kind, that might cause depreciation of
the color sense, sight or hearing.
4th. That, if addicted to the constant use of liquor or to-
bacco, they should be examined at stated intervals, such inter-
vals to be fixed by the results of experience.
5th. If in these reexaminations, the color sense be found
impaired, or the vision lower than |^. or hearing less than ^ds
of normal, they should be relieved of duty in running trains or
transferred to some other position.
6th. That employees not directly engaged in running trains,
such as telegraph operators, station agents, station baggage
men, etc., should have normal color sense, but that a vision of
If and hearing ^ds will answer.
7th. That these examinations should be conducted by a
surgeon of the road, or by some responsible employee, who has
been thoroughly instructed in the methods of making them,
and whose own color sense, vision and hearing should be up to
the highest standard, and who should refer all cases about
which there is the slightest doubt to an ophthalmic and aural
surgeon in the employ of the road.
8th. That all railroads shou'd adopt these or similar regu-
lations, for testing the physical fitness of their employees; both
for their own interests and those of their patrons.
9th. That whenever and wherever practicable, legislation
should be encouraged to bring about a general acceptance of
the much needed reform.
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A FEW SUGGESTIONS IN RAILWAY
SURGERY.
BY AI3BRT BACH, BSQ., PRBSIDHNT MBDICO-I<EGAI. SOCIETY.
In my inaugural address, as President of the Medico-I/Cgal
Society of New York, I stated that that branch of the Society
which devotes its attention to railway surgery is one of great
consequence, considering, as it does, questions of how to pro-
tect the general public whilst using our gigantic railway sys-
tems, so as to prevent the spreading of contagious diseases, and
reduce to a minimum injrries upon railways, ^and render the
best possible surgical assistance in the event of such injuries.
The thought has since occurred to me, that sufficient atten-
tion is not paid to the proper protection of the travelling public
on railways. There is no country in the world wherein such
prolonged trips are constantly made, in railway cars, as in the
United States, by reason of the immense area of our domain,
and when we consider that all first-class Atlantic Ocean steam-
ers have on board them competent physicians, the wonder to
my mind has been why the railway companies do not afford the
same protection to their patrons.
If it be said that the difference between steamboat travelling
and railway travelling, as to the necessity of the presence of
a physician, is that the train may be stopped, and the sick pas-
senger be taken off, and medical assistance be summoned,
whereas a vessel cannot be taken, upon all such emergencies,
to a landing place, and therefore there is no necessity
for a physician on a train, I reply, that much suffering could
be -spared, much danger to the patient by removal be averted,
and much confidence engendered by the presence of a compe-
tent physician, to render instant assistance to passengers re-
quiring it, and the presence of a hospital car for the purpose of
treatment and isolation.
Moreover the development of contagious diseases, cognizable
only to a medical man, may be at once noticed by a physician
Read before the joint session of Medico-Legal Society and Section of
Medico-Legal Surgery, November 15, 1899.
Digitized by VjOOQIC
MBDICOI<BGAL SURGBRY. 313
right at hand, and thus the balance of the passengers be pro-
tected by isolating the patient, and telegraphing ahead to a
railway station for a physician and conveyance for the afflicted
passenger, and he may be taken from the car. But even this
removal of the passenger from the train cotild be obviated, if,
in addition to having a physician on the train, there were to
be attached thereto a hospital car properly equipped. Indeed,
it in surprising that on long trips we should not have seen these
improvements in railway management adopted long ere the
present day. We offer the following additional suggestions, to
wit: that all toilets in railway cars be thoroughly disinfected
by a constant flow of disinfecting fluid, and that all mattresses
and bedding be disinfected in sleeping cars, and still better the
use of rubber air mattresses. There is entirely too little r^^ard,
on the part of railway companies, for the health of the travel-
ling public. How &r a company might be liable for the spread
of contagious disease, on a train, through negligence in allow-
ing an infected person to travel, or to take proper precautions to
prevent the spread ol the disease on the train, is a nice question.
Certain it is, however, that if a conductor, in charge of a train,
were knowingly to allow an infected person to board and travel
on a car, the company would be liable for injury therefrom
resulting to any other passenger.
To constitute actionable negligence there must be negligence
in the defendant and damage to the plaintiff. Negligence con-
sists in
1 . A legal duty to use care.
2. A breach of that duty.
3. The absence of distinct intent to produce the precise dam-
age, if any, which actually follows.
With this negligence, in order to sustain a civil action, there
must concur
1. Damage to the plaintiff.
2. A natural and continuous sequence uninterruptedly con-
necting the breach of duty with the damage, as cause and effect.
It should be a legal duty to have a physician on all trains
making long trips. It should be a legal duty to disinfect toilets
and bedding in all cars. It cannot be said to be an unreasona-
ble duty to throw these safeguards around the traveling public.
The mere fact that the precautions necessary to avoid injury
to others are so expensive as to consume all the profits of the
business, is not enough to show that such precautions are un-
reasonable.
Digitized by VjOOQIC
814 MBDICOOAGAL SURGBRY.
Beauchamp v. Saginaw Mining Co , 50 Mich. 163. — ^Thls
was a case where plaintiff, passing along a road, was injured by
defendant's negligently bilasting without covering the mine,
and it was held that the defendant cannot answer that the profits
of the business do not warrant the expense of such precautions.
The question of necessity is for the jury.
" In detertninfng what is the duty, the fidlme in which conititntet neg-
ligenoe, regard is to be had to the growth of science and the improve-
ment in the arts, which take place from generation to generation, and
many acts or omissions are now evidence of gross carelessness, which, a
few years ago, wonld not have been culpable at all, as many acts are now
consistent with great care and skill, which in a few years will be oonsid-
eied the height of imprudence."
The violation of any statutory regulation established for the
benefit of private persons, isof itself sufficient to prove such a
breach of duty as will sustain a private action for negligence^
if the other elements of actionable negligence concur ; Pacific
R. R. Co. V. McDonald, 152 U. S. 262; Queen v. Dayton
Coal, etc., Co., 95 Tenn. 458 ; Jetter v. Harlem R. R. Co., 9
Abbt. Ct. Appl. 458; Massoth v. Delaware, etc.. Canal Co.,
64 N. Y. 524 ; McGrath v. N. Y. Central R, R. Co., 63 New
York 522.
There are statutes requiring fire escapes, trap doors, electric
wires to be perfectly insulated ; there are sanitary laws, and a
violation thereof may be made the foundation of action for
damages by any one injured by reason of non-observance.
It is settled law, in most American states, that a carrier of
passengers by steam is responsible for any defect in engines,
cars, or other means of transportation, which could have been
detected by any known test, either while in use, or in the pro-
cess of manufacture ; Ingalls v. Bills, 9 Mich, i ; Steinwager v.
Erie R. R. Co., 43 N. Y. 123 ; Carroll v. Staten Island R. R.
Co., 58 N. Y. 126 ; Caldwell v. N. J. Steamboat Co., 47 N. Y.
282 ; Palmer v. Delaware and H. Canal Co., 120 N. Y. 170;
Hegeman v. Western R. R. Co., 13 N. Y. 9.
So the courts hold that common carriers are bound to adopt
all inventions which have been demonstrated to increase the
safety of passengers and which are in actual use by some car*
riers ; Caldwell v. N. J. Steamboat Co., 47 N. Y. 282 ; Smith
V. N. Y. and Harlem R. R. Co., 19 N. Y. 127.
It is properly said by Sherman & Redfield, in their admira-
ble work on the I^tw of Negligence, Vol. i (5th Kd.) Sec. 45 :
" The shocking immoralities and petty discomforts of Atlantic passen-
Digitized by VjOOQIC
IflDICO-LEGAI. SURGERY. 315»
fer ^p8, prior to 1850. if not later, ^hich cdbtlniied and increased antD
legitlattires interposed ; the practice, at one time common, of adding
petrolenm cars to passenger trains ; tbe continued use of stoves in Amer-
ican cars, notwithstanding repeated and frightfni loss of life from thia^
eanae, and the persistent refusal of English railway managers to afibrd
any means oi communication between passengers and guards, are but a
few among a multitude of examples which may be cited to show the caK
Ions disregard for the comfort and safety of passengers by some of th»
most fiunons carrying companies, if the courts had accepted as a standard
of the care to be exercised, by such companies, in the transportation of
the public, merely the ordinary care of good business men in that line.
"The modem demand for the exercise of what is often called ' the oU
most care,' is largely due to the essentially modem regard for human lifii
. and the development of applied science.
*' It is only within a very recent period that life has been considered'
more sacred than property, and side by side with the growth of this feel*
faig there has been a wonderful extension of human powers by means of
new inventions.
*' In ancient times it would have seemed preposterous to claim a greater
degree of care for the preservation of the life of a slave than for the statua-
of an emperor, and it would have seemed the height of tyranny to hold
any man of business to a degree of care which no one in that business
had ever employed, and require him to do that which every one in the
business believed to be impossible. But in our own time legislatures
have absolutely forbidden gas companies to cast their refuse into rivers^
although those companies unanimously declared, with entire siacerity,
that they could not conduct their business at all in any other way. So
legislatures have compelled minufactnrerH to consume their own smoke
although none of them know how to do it. And the result, in these and
other cases, has fully vindicated the wisdom of this stem legislation.
When factories were compelled to consume their smoke, their owners
paid inventors to devise a method of doing so. When gas companies
were threatened with ruin if they could not dispose of their refuse, they
paid the cost of experiments which resulted in the invention of aniline
colors, and increased the wealth of the gas companies themselves, while
putting an end to an intolerablenuisance which they had always declared
to be unavoidable.
*'In the light of such experiences thecourtsare justified in holding
those who take charge of the lives of human beings to any degree of care
which is not incompatible with the transaction of business, especially
when its practicabilixy has been demonstrated by its adoption in that
business by the most careful class of persons.**
I cannot conceive of any just reason for opposing the sng-
gestions I have made, and I sincerely tm^ that the newspapers
may give them pnblicity, and also their support, to the end
that proper protection may be yielded passengers on railway^
cars.
Digitized by VjOOQIC
PHYSICAL FITNESS OF RAILWAY EM-
PLOYEKS.
^ R. C. RICHARDS, ESQ., OBNSRAL CLAIM AOBNT, CHICAGO
AKD NORTHWKSTBkN RAILWAY COkPANT.
I ftoocpted the invHttioii of yotnr Prudent to address jtm on
the question of " The Physicftl Pitn^slD of Rallwmt Bmpldjretil
from the StftndtK>bt of the Operating t)epartnient/' fiecKuse
the matter Is one in wlitch t have taken a great interest, an^ t
shall undertake, as briefly as possible, to give my views on the
subject aod the resnhs obtained by the company with whidh I
Ml connected, by th^ ado|)tion of the phdi of r^tdrlfig ttei
phyidcU ^aminatloil 6t apt>licaiits for eniploytdtot.
The last report of the Interstate Commerce Commission tells
us there are 186,396 miles of railroad in this country, and that
^14tSS^ ^^^ ^^^ employed in the operation and malnteuaUce of
th^ ssme ; thut lluit year 489,455,198 passengers were eartied,
dnd 741,765,946 tons of freight moved ; that of the number bf
ipen employed about 25 per cent., or 225,684, were engaged In
the engine, train and switching service; that during the year
1898 there were nineteen hundred and fifty-eight employeei
killed, thirty-one thousaud seven hundred and sixty one In-
jured, two htindred and twenty-one passengers killed and
twenty-nine hundred and forty-five injured, forty-six hundred
and eighty other persons killed and sixty-one hundred and
seventy-six injured; making a total of six thousand eight
hundred and fifty -nine killed, and forty thousand eight hun-
dred and eighty- two injured.
And there were also innumerable derailments and other acd-
dents to trains in which no one was injured, but which fre-
quently caused large property loss, of which no report was
reqnfred or made by the different companies to the Interstate
Commerce Commission, and which, consequently, do not appear
In the foregoing enumeration.
In my experience, extending over a period of many years.
Read before the New jVork State AModation of Railwaj Surgeons,
Norembtf 16, 1899, and before the Medico-I^al Society, Dec. 20, 1899.
Digitized by VjOOQIC
MSbico-LkGAr jstntcilt. 817
In the Investigation, adjustment and defense of clainis fot per-
sonal injury and fbr property damaged I learned almost immedi-
ately that before anything was used in the constrnction, mainte-
nance or operation <tf a railroad, It Was inspected and tested ; that
we had tie inspectors, track inspectors, bridge inspectors, car and
engine itispectors ; that the Watches used by the men were in-
q^ected ; that even the fuel and oil used in the operatioti of
limlns had to come up to a certain standard, and in fact c^ver]^-
lUng cbnnected with a railroad, With one astonishing ahd Sur-
prising exception, was examined before being used bi pttt In
the service. I also discovered that as soon as an accident hap-
pened the aigine, car, tradt, brid^ or appliance in use at the
time of the casualty Was immediately examined to find out why
H gave wiiy, or did not properly perform the work fbr which it
was constructed ; that the recordii were examined to ascertain
wfcen and by Whom the same was last examined and why the
defect, if kny &ere was, hiid ilot been discovered, and a gteat
fitts madi if it Wiis found that something had befen overlook^
or some required examination, which would have discovered
Qyt defect, neglected ; btit no examination or test wiis ever
mtde of the human beings who operated the engine, car or ap^
pBance, or who constructed 6r repaired the track or bridge, to
determine whether they were {diysically able to properly oper-
ale» conj^tmct or repair the same, and without which ability all
the other care and expense in constructing, testing and main-
taiidng was thrown away ; that when an accident occurred be-
cause a signal was not observed, or an obvious danger dtscov-
eied, the investigation was always conducted to ascertain
iHKther the signal was properly given and the danger an open
one, but rarely to determine whether the person who should
have seen or heard the signal and discovered the danger, was
physically able to see or hear the warniogy or in other words,
bad normal vision, hearing and color perception ; and we all
know that men operating trains and signals should have them
aU in order to properly perform their duties.
I also frequently discovered that men who were injured and
whose claims I was csdled upon to adjust had bid looking eyes,
whose hearing was not acute, that they had lost some of thdr
Angers or a thumb, or had other physical defects not caused by
an accident on our line ; that in investigating accideuts we
would occasionally run across men engaged in the shops or on
the tracks, who were subject to fits, who were deaf and dumb,
Digitized by VjOOQIC
318 MEDICO-LEGAL SURGERY.
or who had pther physical defects which should have debarred
them from the railroad service ; of crossisg flagmen who did
not ^ear glasses, although they had little or no vision without
them ; who were too old and infirm to properly perform their
duties ; frequently who were unable to talk or understand the
English language, and who consequently could not properly
warn or converse with travelers on the highway, or with other
employees, or give intelligeot testimony if called as a witness^
but who through the influence of a friend or relative, or sis a
matter of charity, were hired without the knowledge or consent
of the management, and whose services were dispensed with
when the attention of the proper official was called to the matter.
I now call to mind an accident which occurred to a passenger
tr&in, caused by a switch being lefr open just at dusk, and
upDu investigating the matter it was found that the engineer
who was running the engine and who had been employed in
that capacity for over twenty five years had one quarter vision
in one eye and one-third in the other, and the fireman had one*
eighth vision in each eye.
How many more men in the same condition are today run-
ning engines, some of them hauling the fastest and most im*
portant trains, no one knows, and their fellow employees will
never tell until some accident, similar to one which has just
come to me, happens and then it will be claimed, and perhaps
justly, that the company is liable, because it ought to have
known. A brakeman was seriously injured coupling cars. He
claimed the engineer backed up without a signal. Investiga-
tion showed that the signal was properly given by a fellow-
brak man and that the injured man could and should have seen
it, had not his e} esight been defective. Examination showed
that the injured man's vision was way below normal, even
with glasses, which he did not wear, — it was less than half
what it should be. The other men on the train had known it
for over a year, had never reported it, and would not have done
so at this time had they not thought it necessary in order to
clear themselves of blame. And yet the question of whether
blind men are proper persons to be in charge of an engine, or
employed on a railroad train, is hardly open to discusiiion.
I remember the case of an engineer pulling the fast mail who
was getting a little old, about whose vision there was some
question, and upon examination it was found that he had only
one-half vision in one eye and two-thirds in the other, but with
Digitized by VjOOQIC
MEDICO-LEGAl- SURGERY. 819
glasses his vision was normal. He bad never worn glasses and
probably would not bave done so to this day if this examina-
tion had not been made, as for some reason there seems to be
among railroad men, especially engineers, a great prejudice
against wearing spectacles. Occasionally claims would be
presented for a rupture alleged to have been received in an ac-
cident, and no one would be able to tell whether it was a new
or an old trouble, except the claimant, and you can imagine
what he said. And doubtless many other Instances of a similar
nature have been developed by the investigation and personal
observation of others engaged in the same class of work that I
have been.
With these examples and conditions coming constantly un-
der my personal observation, the question very soon occurred
to me; Why all this trouble and expense to examine machinery,
appliances, track, watches, &c., and no eftort made to determine
whether the men who were to operate the same, and on whose
vigilance and skill depended,' not only the lives of innumerable
passengers, of travelers on the highway, their own and those
of their fellow employes, as well as property of their employers
and their employers patrons of nearly inestimable value,
were physically fit to perform that duty. I knew, as does
every one, that when the government hired a man to stand up
to be shot at, and to kill some else, and paid him the munifi-
cent sum of thirteen dollars a month, and who had practically
no responsibility, he was required to pass a physical examina-
tion, and must be, generally speaking, a perfect man physically,
and must also be of an age to enable him to properly perform
his duties for a reasonably long period, and that the same rule
was enforced in all municipalities of any considerable size in
the employment of policemen and firemen; but when a man
entered the railroad service, at a wage of fromfifty toone hundred
and fifty dollars per month, no Sjrstematic and proper effort
was made to determine whether he was physically qualified to
perform the duties of the position for which he was employed,
or which, in the course of time, he would likely attain, al-
though firequently that position was one of great responsibility,
and in the proper performance of the duties thereof might de-
pend the lives of many persons, and that in order to perform
such duties properly he must have normal vision and hearing,
and the ability to distinguish colors, as well as physical and
mental powers of a first-class order. It seemed to me, there-
Digitized by VjOOQIC
320 MSDICO-LfOAI. SUKGEItY.
fore, that if something ip the way of a physical rTayninatjoii pf
applicants for employment could be oiade by competent sur-
geons, under reasonable rules and conditions, that the company
with which I was connected would be bene$te4> and a higher
clasj^ of men, mentally as w^ll as B)iysi<^Uy, obtained; tl^
nuf^ber of accidents resulting from employing physically iii-
competent men, as well aj| the expense resulting therefrom,
reduced, and better find more satisfisictory results in pie <4>er%-
tion of tn^ins aecnrfsd.
We aU know that In the building and maintainanoe of imB*
ways, tbsl 90 £»: st possible everything is made permanent,
that only sound young timber is used in buildings, cars and
structw^ made of wood, and fhi|t i|i constructing engines,
tracks ^nd bridge^ new steel pr iroa, and not old wfum ot|l
scr^, ijras invariably required, and i| occurred to n^e, why m^l
ftpply the same rule to ipfn, an^ get into the sendee young
men who were physically sound, who woulfl be penfia|ient en^*
jiloftBf and who would renu4|i and be physica^y qtpable of
performing satisfitctory service for from twenty to forty yeafp;
fnd that In order to get the best results of any plan of examin-
itfg ^pplicapt^ for employment, an age limit ^bo^d bp f^dopt^.
After several years pf guiet agitation, I succeeded in gettiiy
the Management pf the North* Western to give the plan a
frial, apd four years ago we commenced examining applicants
for employment in the engine, train, ^witching, signal and
Station service, as well as employejs who came up for promotion
in those departments, and adopted a rule establishing the agie
limit by which no inexperienced men over the age c^ twenty*
seven years, or experienced men over the age of thirty yesfs
were employed as brakemen or firemen, and no inexperienced
mefi over thirty years of age, or experienced men over forty
yeai^ are employed as s^tchmen; but as all our engineers and
cotfductors are promoted from the ranks of firemen or brake-
men, no age limit was established for them, and during that
time, under proper rules, eighty-three hundred and ninety-
seven (8397) men have been examined, out of which five
hundred and twenty-six (526), or six and one fifth (^) per
cen^. were rejected on account of defective vision ; thirty-seven
(37 )t or four* tenths (^) per cent., were rejected on account
of defective hearing; two hundred and ninety-eight (298), or
three and one-half i3j4) per cent., on account of colorblind-
ness, and two hundrai (200), or two and one-third C^>i) per
Digitized by VjOOQIC
MBDICO-LEOAl. SURGERY. 881
cent., on Moonfit of other physical defects, whldi should d^Mtr
them ftom the service, were rejected^ a total of ten hundred
and dztjone (1061), being nearly fourteen (14) per cent,
of the whole number examined, or shcxit one in eight; and
pTohaiAj $9 many piorje mien who w^r^ physically dis-
qtialjScd hi^ye r^ridncd from making application for work fear-
jbg that they would b(e unable to p$as the required e^amina*
tjon, and If they madf the attempt and iailed, that it mighi
prevent their getting employment on lines which did not
require auch an examination.
The qpere atatemen^ of thia result, whipb is given In detail ip
ttie appended lab|e$, for which I am indebted to Dr. J. P. An-
drews. Assistant Surgeon of tfie Chicago and North Westeitt
Railway, aeema to me to demonstrate the necessity of mahin|r
llUa examination an4 the benefits derived thereby, which wil^
I think, ahov inore in the next twenty years than H does now*
It 13 ftir to presume that a portion of tb^ acddenta enumer-
ated in the first part of this paper resulted from employeies en-
gaged in the operation of trains and signals, not having normal
fiaioo, hearing and color perception. What that proportion i^
M one can with certainty state, but if it was only five per cent
(which, I think, you will ag^fee with me in thinking a consery*
atlve estimate) would it not be worth making a great and
combined efibrt by all the companies tq save ann$fai(y threib
hundred and forty-t^o lives and twelve hundred and twenty-
two injuries, , as well as prevent the suffering and misery
cauaed by them, to say nothing of the great expense resulting
therefrom?
The expense of making the examination is borne by the ap-
plicant when he is accepted and by the company when rejected*
They are made by surgeons regularly employed by the company,
and while there was for the first twelve months considerable
annoyance, a great deal oi work and some little friction to get
the scheme working properly, as there always is with anything
new on a big system, that has all been overcome, and now the
plan goes smoothly, and every one connected with the manage-
ment of the company agrees that it is a good one. And as
some eight or ten companies have recently adopted practically
the same scheme and others are, I understand, considering the
advisability of doing so, it is perhaps frdr to conclude that the
physical examination of employees in the operating department
af railways has come to stay, and when its necessity is recog*
Digitized by VjOOQIC
<22 UBDICO-LBGAL SURGERY.
nized and its benefits are properly understood by the public, I
believe that we will have legislation on the question requiring
it to be done, at least so far as the vision, hearing and ability
to distinguish cclors is concerned.
I think that the men should have their vision and hearing
tested at regular intervals after passing their first examination,
the tests to Increase in frequency with the age of the men, for
the same reason that a watch, engine, car or structure is re-ex-
amined and tested.
I wish to call particular attention to the result of the exam-
ination of firemen and brakemen who have applied for promo-
don, as given in table No 2, which shows that fifteen percent,
of the former and ten per cent, of the latter were rejected,
principally on account of lack of vision, an absolutely necessary
qualification, if they were to properly or safely perform their
duties, and who, if the rule requiring the examination had
been in force when they applied for employment, would never
have gotten into the service.
The information given in table No. 3, of the special examin-
ation of employees, showing that over ten per cent, of the en-
gineers who were examined, were rejected, chiefly on account
of lack of vision or hearing and inability to distinguish colors,
and that thirty four per cent, of those examined, who were not
wearing glasses, required them in order to bring their vision
up to the proper and necessary standard ; that of tbe firemen
so examined nearly forty per cent, were rejected on account of
defective vision or lack of color sense, and of the brakemen
nearly sixty per cent, were rejected on the same grounds, dem-
onstrates, I think, that it is ofequal importance in investigating
the innumerable accidents resulting from the failure to give or
observe a signal (and every one who has had any experience
in making such investigations knows that invariably there is a
dispute between the person who should give and the one who
is to receive the signal, as to whether it was given,) or discover
the danger to ascertain if the person to whom the signal was
given could see far enough ahead to discover it in time to act
and to determine from the color and position of the flag, sema-
phore or light, whether it meant stop or go ahead, or hear if
the signal or order was given verbally, as it is to determine
whether the signal was or was not given, yet such investiga-
tion is almost never made. And let me ask, of what value Is
the automatic signal, the block system, the semaphore and the
Digitized by VjOOQIC
USDICO-LIGAX. 8URGBKT. 828
many other safety appliances for the prevention of accidents,
in which the companies have invested immense snms of money ,
«nles8 the persons who are to be guided by the same have nor-
mal vision and are able to distinguish colors ? And why would
it not be a good plan to spend a small portion of the money
that is paid out every year, for safety appliances, in getting
some safety bmpmtbbs ?
Among the benefits gained by this examination and the
adoption of the age limit are :
Pint The company secures the services of men who are
^ysically capable of properly performing their duties, and who
will in all probability be able to do so for many years.
Second. It keeps men, who are physically unfit for the work,
out of the service, and avoids the rbk that their employment
would necessarily entail ; and, at the same time, protects the
company from fraudulent claims for injuries' which this exam-
ination would detect.
Third. The number of accidents and resulting expense will
be reduced.
Foufih. By reducing the number of accidents and making
the business less dangerous we will encourage a higher dass ot
men to enter the service.
Fifth, In case of injury, we all know that a sound man will
get well quicker and make a better recovery than an infirm or
diseased one, thereby reducing the expense of adjusting his
daim, as well as the cost of caring for him.
There is another phase of this question that, I think, should
also be taken into consideration in determining whether a
physical examination of railroad employees is advisable or
necessary, and that is that sooner or later (the handwriting is
«n the wall now) I believe that all the large systems will adopt
some kind of a pension scheme. I trust it will come in the
near future, so that the present generation of railroad men will
get the benefit of it* The Pennsylvania and the Baltimore and
Ohio have already done so, and when the other systems follow
their lead it will be to their interest, as well as to the interest
of the employees, that the ranks shall not be filled with a lot of
ph3rsical incompetents who will want to retire, and who it will
be to the interest of the companies to retire at the minimum
age, but instead we will find it composed of able-bodied men
who will be capable of performing satis&ctory service and who
will want to do so, (as few able-bodied men of that kind, who
Digitized by VjOOQIC
194 UMMCO-lMeJO. 8UROSRY.
]i4vi$ fed 411 active Ufe, want to be id)e,) QntU th^ »ach tbm
msmlmuixx ugfi at which they must retire, aiu} thus avoid mak-
ing the paoaion roll vnneoessarily expensive, to the men as wdl
as to the coaqianiea, their part of which expenae will, of conrst,
he charged to the coal of operation. JinA this examinatloii
will, I think, aid materially in bringhig abont this reaak.
There ia one other view of this matter whidi, at the risk of
being tedious, J. dfsire to mention, $$ I thiok It is ^titled to
some consideration, although it tpay n^ gKH^ to yon genlkK
ipen of tl^p ^edlqa pi^ff^o^, and that 19 this : There is an
ever-incref^g de^QWd bluing ipade pq the rffilroa4s to forfii^li
employment V>r the dfP^P^fPt:) mid coo3^tfients of Iheir {iif<*
(fmded frite^df , political or ot)ierwise. Qeperally th$ pefvooa
recoipm^ded arp, by reason of their ^e, infirmitiea or genqrgl
worthle^^, unfit to p^orm the duties of any pos^ofi, bm
for reason^ wi^ich make^ or seem to make, it necessary ibr t^
management or their employing officer to retain the gpod f|Q
pf t|ie party inaking tl^e reooimnendation, the appUca^ if em*
ployed, and once in the service, it takes an Act of Congress fp
get h{|n put. Whereas if i}^ compwy on whoqi th(( djei^ifnd
^9 ipade^ for thftt is practically what ^t ampuiits to, qffji sfiy fp
the person making it, Send your man aroqnd> and if l^e is nc^
over thp age limit and can pass the physical exaipination re-
quired pf Ai'i' men entering our employ, we will |nit him t^
wor)^^ ^l^e person making the demand would have to be satifh
fied, and generally would be, and the incompefeiit applicant
(and \n seventy- five out of oi^e hundred cases h|e issuc]^) would
pe kept out of the service, either by reason of his being unable
to pass tl^e qounination or on account of his being over thp
age limit.
Digitized by VjOOQIC
MMmCQ-IJSM!^ SVR^WV.
tt5
CHICAGO AND NORTH WESTERN RAILWAY COMPANY.
|I6. I.— ^epoit of Applicant Examined at points other than piicago,
horn September, 1895, to Jane i, 1899.
Ia I 1 Is I iI ^ I il
II I I 13 hi II A -A i|
i^ I I r 1*^ 1^ §^ r r
Haraid 17 16 i i 5.9
Jineeville. 917 190 14 6 i 6 27 taJ
OibMoah..... 75 69 3 3 i 6 «7
GkeenBaj 55 33 i x > $.7
Milwankee SU 44i 44 aa 7 73 ?l*
lehridere 80 65 13 a 15 iS.t
Clinton 360 3x4 35 8 4 9 46 ta.S
C^dar RM»idt 35 3^ i 3 3 M
Bi^ Plaine . . 511 407 a6 6 8 4 44 8.6
BbOite. $Ss 506 32 37 5 '5 79 »3-5
Carroll 2$ ai a 2 4 li.
Osniid) Btnift — 41 35 4 a 6 ^4.6
INtma a4 a3 T i 4a
LMceCity. .137 laa 7 7 i 15 10.9
Btfk.Gioye M ^4 ^3 3o i 8 4a 9.2
VtnbQO 515 4i»9 13 8 5 s6 S*
BM^UBfpa. . 151 139 6 6 la 7,0
uonMonntain — 41 35 a 3 i ^ X4*$
Uhpeminir. a7 as i i a 7.4
Winona ja4 118 3 a 16 4.8
Waaeca. 57 51 3 3 ^ «o-5
Rocheatcr 4 4 o
Tiacy 83 59 9 X4 a a4 39.
Hnx«Sn 318 a46 34 9 9 ao 7a aa.6
Manitowoc 11 8 a i 3 37.3
|[ankanna 477 41a a8 a4 i la 65 13.6
173 x66 a 4 I 7 4.
Total 5397 4779 30a 187 31 9S 618
Rejected
Fttcent 88.55 5*6 3-4 0.6 i.3 TI.45 x^W
Chicago.. 3000 a557 aa4 iii 6 loa 433 Rejected
Percent 85.3 74 37 o.a 3.4 147 x-6jl^
Digitized by VjOOQIC
t26 ICSDICO-LEGAI4 SU&GSEY.
No. 2.— Report of Three ThouMiid Bxaminatioiit made in the Office of
the Chief Surgeon, Chicago.
S -^ II fcj» ••• »d •«*
I I I Is J l| »l 3^ 4
I I 8 1^ l« I* ^<=^ 1^ a^
0 S < Q O Q o ^ £
Bngineers* 173 146 20 6 i 97 I5.€
Firemen 477 395 48 16 18 Sa 17.9
Condnctortf loi 91 7 2 .1 10 la
Brakemen 651 536 51 31 2 31 115 iy.€
Pats. Brakemen... 89 79 6 3 i 10 ii.a
Switchmen 640 557 20 16 2 36 83 12.9
Operators. 524 453 3* ai i 11 71 13.5
Towermen 80 o
Switch-tenders.... 22 18 i i 2 4 18.1
Flagmen 3 3 o
Signalmen. 22 o
Watchmen. 21 21 1 i 2 8w6
Gatemen 286 247 23 14 i i 39 13.4
Baggagemen 11 o
Total 3000 2557 224 III 6 102 443 Rejected
Percent 85.3 74 37 a2 3.4 147 i-6J<
* Promoted ftiom Piremaa. f Promoted from Bnkemaa.
i Hernia, Lom of Plagrers, Heart and Lnnf Troublea, etc.
No. 3.— Report of Special Bzaminationa of Employees. (Not for
Promotion.)
^ ^ ' 'I Is I If I 1
a ' ^¥ i^ ¥ ^^ F
O & < <i & O Q O H
Engineers 105 57 3^ 5 3 » 3 i»
Firemen "'I ^ '4 < S
Condncton 862 o
Brakemen 7 i 23 i 4
Switchmen 11 o
Operators 11 i
Total 135 71 42 13 5 I 3 «a
Jnne ist, 1899.
Digitized by VjOOQIC
THE PROGRESS OF HYGIENE AND SANITA-
TION IN ALL MATTERS PERTAINING
TO RAILROADS.
ST G. P. CONN, A. M., M. D., CONCORD, N. H., DIVISION SUB-
GBON BOSTON AND MAINB RAILROAD.
It may be truly said that to the layman, the surgeon's hand
guiding a beautifully polished instrument of steel is the acme
of human knowledge and skill. « Nothing in the human economy
seems too intricate to evade the surgeon's search, nor so un-
fiithomable as not to receive his attention. The cavities of the
body unfold their wonderful organs, all parts of the skeleton
receive due attention when they have been accidentally injured
or require treatment by reason of disease. The loss of tissue
is replaced by that from other persons or animals, deformities
are corrected, made shapely in contour, and beautiful to the
eye* These wonderful results show that the professional field
of the surgeon is almost limitless, and one that leaves traces of
bis brilliancy in human monuments that have been made beau-
tiful by the skill of the operator. So much is being accom-
plished that was unattainable only a few yeirs since, that facts
are bewildering, and the public are calling for still further ad-
vancement.
In taking up this line of thought one naturally goes back and
reviews the origin of all this change. The surgeon h is received
the approbation of the public, yet the tissues that are preserved
or sacrificed by the surgeon's knife are the same as they were
in the origin of man. He cuts the same tissues, in the skin,
mtiscles, blood-vessels, nerves and bones of man to day as was
done in the time of Ambroise Pare, when the operator found
that ligature would take the place of the hot iron in the pre-
vention of hemmorhage. In the great advancement ot the art
and science of medicine and surgery it is plain that nothing
new has been created. The same tissues are doing business
to day in the same old way. They are to be found in t)ie same
Read before the Joint Session ot the Medico-I«^;al Society and Section
of Medico>LegBl Surgery, November 15, 1899.
Digitized by VjOOQIC
S28 UBDICO-LEGAI. SURGERY.
place, and tbdr ftmctions are not cbaoged. It Is true tbat the
anatomical stmcture of the hnman body, the physical develop-
ment, and the possible pathological change has received great
atftetitidii from phy^dans and stirg^on^, yet that Is bht a pari bf
the science of heahh and how to preserve it. The dttident of
hygiene has taken up thia question, and going over it with
great care has discovered new means of preventing sepsis, and
herein we have the solution of the great problem in the ad-
vaiicement in the art of siurgery . Hygienic and sanitation have
made this posi^bl^, itad the surgeon has been Oft the alert to
avail himself of the knowledge whtdi has been brought out in
hygiene and sanitaCioo. Sodie of thci gi^test £idflev^ilie«ts in
surgery have been detnonslrAtel by thmt #h6 iHHk h^ sur-
geons, neither wer^ they evte ^ditianeni tff oieMcbi^. Bse-
teriology and tiie microscope hav«i given wi a tfttsat d^ of itf-
forAultion and nrtde possible much that is nMf being; dMe bt
the surgeon, and we hav^ good reason to hopl^ tbtft the d€hiiba'
stration of the ftesibiUtki of hygiene has only jv^ begun ; that
the wotk of the laboratory will be reflected by the Wi'getiti^ a&d
that the gctaerld practhioner will find in the stUdcint b( hy^^iede
a co-labdrer worthy of appreciation.
Not long since I hdtrd a surgeon say that he WSs threitenM
with mob violence in the seventies, because he d{)ened the ab-
dominal cavity in the case of gm-shot wound, and now, be
believed, one would be open to censure and perhaps fihd him-
self a defendant in a suit for mal-pradice, unless, under similar
circumstances, laparotomy was performed. There can be no
doubt of the progress of hygiene in our surgical work.
Car SanitatioI^.
At one of the early meetings of the Railway Surgeons* Asso-
ciation I had the honor to present a paper on " Railway Hy-
giene," and while it was well received, the discussion which
followed showed that many of the members present regarded it
as a novelty in surgical science, and some even suggested that
it was entirely out of place. A^ railway surgeons we were only
expected to discuss questions of what to do for the passengers
and employees when they are so unfortunate as to be injured.
I well recollect one prominent member very pointedly told us
that we were getting out of our place as surgeons, and danger-
ously near encroaching upon the prerogatives of the manage-
ment, intimating that we had better mind our own busineat
and not attempt to educate the public nor the management in
Digitized by VjOOQIC
MBDICO-LEGAI/ StJitOKIbY. 8!H(
mstters pertaining to health, good morals, d^kd, wdl Venti-
lated coaches and stations, comforts as well as luxuries to the
tfttTeller, the i^hole to constitute an investment by adi^ertlsing
the possibilities of a through line, the sanitary condition of
wUdi might be above criticism.
This ^as someirtiat discouraging, yet oth^r pnptitli were
written and other members found a place on the prograthmes
of the Ajisodatioh, contributing valuable and interesting papers
dt the teme tobject, all of which haVe beea well received by
the publie and th^ management of our railway S3rsteni8. On
some of our roads stringent rules and regulations have beeti
issued in regard to car sanitation, and I believe it tio be uni-
nirsslly adiidtt^) that to allow uaclean and therefore uhh^lthy
ooibh^ to run over an^ line is an unproGtiibte advertiseaient-^
a prop^ sttbject for criticism, because with proper ifteiiiion on
tie pait (if the employees it is tmuecessary.
Boards op Hbalth.
State and local boatds of health have given attention to the
fliiisanee of promiscuous expectbration. Rules and re^latiotis
hive beeh posted in street cars and passenger coaches of* steam
roads. The^ organizations provide for penalties to be ithposed,
ahd one Medical journal, in discussing this subject, says :
** The alMolute disregard of decency, not to ipeak of the freqnent men-
aee to heahh, it certainly resson enough for active measures.*'
The Board of Health of Boston took up this subject, aiid the
management of the two great Union Stations of that city con-
spicuously posted hundreds of placards warning the t)ublic
against violating these rules and regulations, signing these
placards : " Per Order of the Board of Health."
A few days later one of the newspapers having a large circu-
lation re^MMted through its local correspondent :
''Harked improrement in the condition of the midway floor at' the
tenth Station has followed the posting of the notices calling attention to
Che aanitarr regulation against spitting in public places. Similar good
cesolts are also noticeable at the North Station since the posting of the
health notices."
The management of one of the great stations in Boston, said
leas than two weeks since, that he believed these notices had
decreased this nuisance fully 75 per cent. I believe the man-
agement of our roads are making great strides in hygiene and
sanitation of passenger cars. In 1894 I carefully examined the
rules and regulations that were iaiued to men by one of our
Digitized by VjOOQIC
880 ICEDICO-LEOAL SXTEGERY.
New Bogland roads and found only one nde tbat in any way-
had a distinct bearing upon this subject. A few days since I
examined the last time-table of the same road and found nearly
a page of instructions upon the same subject.
It is a gratifying &ct to the investigator in sanitation of pas-
senger cars to learn that the general government of foreign
countries is taking this matter up and giving it considerable
attention. In the Janttary number of the Revue t Hygiene
there is given an ordinance of the Minister of Public Works of
the Russian government, giving minute directions for the clean-
ing and disinfection of railway carriages and waiting rooms in
Russia. It appears that the circumstances which g^ve rise to
this order were a series of experiments which had been insti-
tutedy as early as 1892, in consequence of the lurival at Berlin
of an unusual number of consumptives who had hurried thither
for treatment, upon the announcement of Koch's celebrated
discovery of tuberculin.
Mbchakicax Dbpartmknt.
The mechanical departments of our roads are taking up the
question of ventilation, lights and heating, and are ably dis-
cussing the same from the standpoint of the skilled workman.
Herein lies the hope of the public, for in the expert mecbania
we may hope for the solution of these great problems. Mere
theory will never accomplish the results, but when the manage-
ment of our roads signify their desire for an improvement in
any direction, the mind of some expert rises to the occasion,
and a well developed plan is matured, brought to the front, re-
ceives a due amount of criticism, retires for further study and
perfected design, and finally, like the air-brake, the automatic
coupler and compressed air signals, it comes to stay. In this
way we have much to encourage us, much to hope for, and
good reason, without egotism, to congratulate ourselves and
the public on the progress that has taken place in hygiene^
consequently in surgery, and to expect even more and better
work in the future.
Conclusion.
In reviewing our work during the past decade, we have good
reason to be assured that our professional education is better
understood by the management ; the broad character of our
work is more often required, and questions of sanitary import-
ance are more often submitted to us for an opinion. Now while
these are not topics strictly surgical in their character, yet thej
Digitized by VjOOQIC
MEDICO-LEGA^ SURGERY. 331
are of infinite importance in determining the future income or
deficit of the road, and therefore are questions in which the
public have a great interest. The general policy of a railroad
is one in which the public take a great interest and therefore
the good health and ability of the general manager is one of
daily soncern to the stockholder and the public.
The railway manager occupies a peculiar position. On one
side he is confronted with a demand for low fieiresfor tbepublio,
higher wages for the employees, competition with electric rivals
for business, suits for personal injuries, losses by fire, the in-
evitable depreciation of rolling stock and road-bed, and la^
of all the fanatic on the subject of railway sanitation. On the
other hand, the stockholder makes invidious comments and
caustic remarks about the management unless he receives from
6 to ID per cent, dividend ; the bondholder must have his in-
terest, the rolling stock, road-bed and bridges must be repaired
and renewed every one or two decades or as often as the busi-
ness requires.
When we analyze what constitutes a fair chance for health
and longevity, and consider the immense burden of care, anx-
iety, mental strain and responsibility, that must be endured
from year to year by the management of our great consolidated
lines of railroad, it is not a matter of surprise to the medical
profession that so many fail to reach their three-score and ten
years; but rather that more do not fell by the wayside. Their
life i& one of constant high pressure, and when we have a chance
it is our duty to quietly point out the fact that the brain and
nervous system must have its share of rest and repose. In order
to perform the best work, and be able to secure the highest de-
gree of mental application, it is necessary, from time to time, to
have complete rest from mental strain. At least three months
annually should be devoted to hygienic recreation in order to
stand the high pressure and intense application to business the
other nine months of the year. Good men to manage labor
and capital are as hard to find as it is to secure generals to
command armies.
In our daily work we come more or kss in contact with such
men, and our professional educatioa availeth us but little unless
we can perform our part in promoting good health and long life
to those men who are to-day commanding more than a million of
men, and managing billions upon billions of capital. Some-
times they appeal to us for advice. To point out the inevitable
Digitized by VjOOQIC
332 unmco-ttGAt sURCEkv.
result of a constaot strain upon one's nerrons system ; the fact
that pla3dng upon one string will eventually sever its connec-
tion with the nerve centres that control all vital action ; to
show the possible results of the alternating currents of work
and repose, is as much a part of our duty to those who employ
us to look after the professional work along these lines, as it is
to the public who employ us in their private houses or apart-
ments. It may be said these are delicate matters tp attend,
and topics difficult to approach. Do not be disheartened ; has
not our whole professional life been associated with questions
that were delicate, and has not our greatest reward t)een in do-
ing the right thing ac the right time?
Digitized by VjOOQIC
PHYSICAL EXAMINATION OF RAILWAY EM-
PLOYEES FROM A MEDICO-LEGAL
STANDPOINT.
BY I«. Im 6II3BRT, BSQ., ASSISTANT COUNSRI, P«NNSYI.VANIA
RAIUtOAD, WSSTSRN DIVISION.
The safety and comfort of nearly a million people engaged in
the same general service, as well as the safety and comfort of
many millions more whose lives and limbs are, in a measure, at
least, dependent upon the care and efficiency of the million em-
ployees, and this without reference to the vast property interests
aft stake, presents a field of enquiry as to the fitness of the em-
ployee for the performance of his duties, not only as to his moral
and intellectual but also as to his physical qualifications. My
personal belief is, that the moral and intellectual are no less im-
portant than the physical, but it is to the latter, only, that we are
asked to give consideration in this discussion.
War, for invasion or defense, is the oldest of the honorable
precessions of which we have record, and probably the first in
which any attention was given to the question of physical fitness
few the service. The able-bodied have ever been selected, the
weak ever left to pursue the more peacefu! avocations of life.
To-day the greatest care is exercised by alJ civilized nations tq
secure the flower of the land to assume the hazards, and to bear
the brunt of conflict A rigid standard has been established, and
it is rigorously adhered to, except where necessity compels a re-
laxation of rules for want of sufficient material from which to
draw recruits. Physical fitness is an essential, where the man is
hired to be killed, or what is more satisfactory to him, to kill
some one else, who has also been selected with equal care by the
adversary, more commonly and patriotically termed the enemy.
The marine service of the world is ancient, and is perhaps the
first service in which great numbers of men have been employed
Rcttd before the Medloo*Legal Society, December Meeting, 1899.
Read before the New York AModation of Railway Soxgeotui, Noy. 16, 1899
Digitized by VjOOQIC
334 HfeDldO-L^GAl SURGEkV.
in civil life. Here also physical qualifications were considered
probably to a greater degree in the earlier, than at the present
time. To secure employment, the sailor must be, and is known
as "Able Bodied, seaman," and while the phrase no longer has its
old time significance, it is I believe still in common use and in-
dicates the requirement of the period, when it originated, and
when health, strength and activity were deemed essentials in an
employment no more exacting as to these qualifications than are
the essentials necessary to make a good railroader. The rail-
road interests of the world, and especially of America, are com-
paratively new. The field until the past few years, has to a great
extent been experimental. The dangers were great, and but little
known or studied. Methods and appliances were as compar-
ed with today crude; the men who had the executive ability and
energy to build, frequently succeeded to the management of the
properties when completed; they were generals and captains,, ed-
ucated in a school which taught them to successfully command
but not in one that gave them the time npr opportunity to study
methods of safety in operation, or to give consideration to the
welfare of employes. There were of course many notable an<I
noble exceptions, but they were the exception and not the rule.
I do not speak as, nor do I think of criticizing this majority ;they
were merely a part of the general system through the evolution
of which has grown the magnificent transportation structure of
to-day.
With conditions as they at first existed, railway service was n ^t
alluring to the best men. There was no glory which so many
willingly risk life to attain. The pay was fair, but twenty years
since, not always certain. Under the then conditions raJroad
companies were compelled to employ those who offered their
services, regardless, to a great extent, as to their fitness f(ir the
duties to be performed. The result was inevitable and logical
With more than ordinary dangers the best men could not b? se-
cured, and without better men many of the dangers could iio* be
eliminated. The law of evolution was however possibly ^buwly
but nevertheless surely working out the problem. The raiuoads
once constructed, those in charge had the time, and the losses
if no other or higher motive, compelled them to give attention to
the dangers to their employes, and patrons, and to the damage to
property in their charge, whether that of the companies, or that
which was entrusted to them for safe and speedy transportation
Digitized by VjOOQIC
MBDICO-LEGAl. SURGERY. 335
The dangers were studied, and remedies considered. The qual-
ity of rails and condition of tracks were improved, curves elimi-
nated and grades reduced ;cars and other appliances were brought
to a uniform standard; air brakes and automatic couplers were
invented, thoroughly tested, and when found to be efficient adop-
ted. Electric and other signalling was devised and put into op-
eration. Rules for operation, based on experience, were formu-
lated by men competent for the work and made part of :he law
of the road. Time will not permit of extending the list, nor of
giving personal credit to the many men who have so greatly
contributed to present results. Each of you gentlemen with your
knowledge of the subject, and the conditions past and present,
fully realize what has been done, in the last few years, and what
is now being done in the direction of securing safety to all whose
duties or pleasure require them to serve or to be served by the
railroad corporations of our country.
I have briefly called your attention to what has been done me-
chanically to better the service in which so many are engagcd,and
upon which so many depend for support. The improvements,so
outlined, as they were adopted, made the employment more and
more desirable. Year by year railroad companies were enabled
to secure a better, more steady and intelligent class of emploves.
the men of intemperate and reckless habits were gradually weed-
ed out, men with clearer minds, men with more regard for their
own and their co-employees' safety took their places, and thus
the former dangers were still further reduced.
I think I can say that none of the leading railroad corporations
of the United States will knowingly employ, as engineer,iireman
brakeman, conductor, switchman, or in any other position where
his intoxication can result in personal injury to himself or others
any person of intemperate habits. The rule is wise, economical
and humane, and * by it no one is done an injustice
or subjected to the dangers so common in the earlier
days of this industry. Many companies now have age
limits, under or over which employees will not be ac-
cepted in certain branches of the service. Men in the prime of life
are required. There is also a growing disposition to select only
men of robust physique for certain positions requirinsr strength
Of endurance. But few companies however, so far as I am ^idvis-
M, require a physical examination and fitness f®r all positions in
train, road or shop service, save the examination as to sight and
Digitized by VjOOQIC
336 MBDICO-LEGAX SURGERY.
hearing made obligatory by the laws of a number of States, and
it IS as to the propriety of and necessity for such examination
and fitness that our attention is directed to-day.
If such examination and requirements worked an injustice to
any one I should be the last person to advocate or even suggest
it. There is however no vested right in an applicant for a posi-
tion in railroad service, requiring that it be given him. No mat-
ter how desirous he may be for the place, such right has no moral
or legal foundation. The world is open to him in other fields
equally honorable, equally profitable, and generally less labor-
ious, where his disability may not be the cause of such serious
results to others. I now speak of new men, and not those who
have, under old conditions, served their apprenticeship, qualified
themselves to render as efficient service as their faculti-is and
health will permit, who have been faithful and loyal to their em-
ployers, and who are now unfitted for other occupations, because
they have not learned aad grown up with them. To require ex-
amination of these men, and to discharge them if not up to ihe
standard required of new employees, would be to work a serious
hardship and to deprive the employers of servants whose long
experience and thorough knowledge of the duties to be perform-
ed will fully compensate for any physical defect which should, for
reasons which I will briefly refer to, prevent new men from en-
tering such service.
If the corporation, as the individual, has the moral and legal
right to require physical examination, and to select its employees
with reference to their fitness for the position to be filled, we
should consider the reasons for, or the objections to so doing*.
As for myself. I have, as yet, been unable to conceive of one val-
id objection to the adoption ojf the practice, while there are many
good reasons in its support.
The physically sound man is better able to care for him«eK in
the many contingencies that are constantly arising in his emplov
ment. If better able to care for himself, he is also the better
able to care for his fellow employees and this care,and the ability
to exercise the care, by reason of perfect health, will necessarily
reduce the aggregate number of accidents annually occurrni<jf up-
on the railroads of the United States. Better service is secured
without the imposinsr of additional burdens upon the employee
As physicians so well know, many persons have latent or con
stitutional ailments, of which they are frequently unaware, condi-
tions, which for their own good they should be advised of, in or-
Digitized by VjOOQIC
MSDICO^LSGAL SURGBEY. 887
der that they may not engage m an employment that will produce
or hasten serious results, results which, were they employed in
other pursuits, would never fully develop, and notwithstanding
which, in other avocations, would not interfere with a reasonably
long and useful life. The duty of the company in this class of
cases is, if possible, to save the man against himself.
Epilepsy, heart disease, and many other ailments with which
you are all familiar, may and usually do not show themselves to
the unscientific superintendent, or other officer whose duty it is
to select and to hire men; yet as a flagman, a man so employed
may at any time fall unconscious, so disabling him for the jper*
formance of an immediate and imperative duty, a duty the fail-
ure to perform which may cost not only his own, but the lives of
others, passengers as well as employes. This is not a chimerical
supposition, as from experience I know that in times past, when
less care was exercised then at present in the selection of mea
one road with which I am somewhat familiar, had several cases
of this character. In one, the employee alone suffered, but the
result was fatal; in another case the flagman failed to get back
the proper distance with his lantern, a rear end collision was the
result, and several people were injured. In still another a very
disastrous wreck was narrowly averted. Fortunately there have
been none of these cases for several years, and with proper ex-
aminations by gentlemen of the medical profession, I have faith
that all dangers from this course will be eliminated.
The first consideration is, or should be, the safety of the em-
ployee and of the public, and I can but believe that you will all
agree that this safety will be greater by the employment of the
strong and healthy only. As to the effect on the companies who
employ, the benefits of examination are equally, if not more, ap-
parent. All railroad men are familiar with the numerous frauds
that are constantly being attempted by a certain class of what are
termed "stake employees." A man with a hernia or some other
ailment or physical defect that can be discovered only by a phy-
sical examination secures employment and bides his time till tho
proper opportunity offers where he can show the existence of
some cause which might have produced the hernia, or other in-
jury, which was in fact pre-existing but unknown to the company,
leaves his emplo3rment, ostensibly to be among his friends or re-
latives until such time as he is in eonilition to resume work, and
in the course of a few weeks or months returns, demanding com-
pensation for disabilities, which an examination will disclose,;m4
Digitized by VjOOQIC
338 MEDICO-LEGAL SURGERY.
prove, by honest witnesses, that on the prior date a hand hold
gave way, a brake wheel came off, a sudden jar was gfiven b/ the
engineer, through rough handling of the engine, or any of a doz
en equally common occurrences happened, for which the com-
pany might be liable, and any of which causes you doctors would
say might have produced the conditions you find,. But you can
not say whether the history of the case should be written as "An-
cient*' or "Modem."
These are not imaginary, but actual occurrences, familr-ar to
every claim agent and railroad attorney in the country. Th
proof of the fraud is always difficult, and frequently impossible.
Thorough physical examinations will almost, if not entirely, pre-
vent these frauds where attempted by men entering the service
for this purpose.
If the attorney or claim adjuster knows that an employee has
in fact been injured from a g^ven cause, it is compartively easy
to determine what should be done by way of compensation tor
the injury, but if a doubt exists as to the genuineness of the claim
no one can satisfy himself as to what he should do. Remove
if you can, by a physical examination and record some of t^ic un
certainties which beset the attorney and adjuster; they will then
be the better able to do justice to the many deserving cases pre-
sented eaich year. ;^. ^-^^
' With a proper and thorough physical examination, and the
employment of the sound and healthy only, the possibiUiy of
fraud is greatly reduced, the service is bettered, and the corpo-
ration can more satisfactorily perform the duties for which it was
created, duties of the utmost importance to the civilization of the
world and the welfare of its people. The corporation mny be
without a soul, but it must have a healthy body, and to this end
the bodies of its employes, should and must be healthy.
The Medico-Legal features of the subject of your discussion
are in a great measure, negative in their character; improve the
physical, and the legal will to a great extent disappear. Adopt
the practice suggested artd recommended by those who have pre-
ceded me, and the courts will not so often be appealed to.
One positive and active factor, however, will ere long be a
matter of considerable moment. It is a well-established princi-
ple of law, that the employer must furnish to the employee suit-
able and safe tools and'appliancies with which to work. An acci-
dent caused by a defect in material or construction, of which the
employer could or should have known, with the exercise of prop-
Digitized by VjOOQIC
MBDICO-tBGAt' SURGBRY. 339
er and reasonable care, and of which the employee did not know^
or could not know, by the exercise of proper care on his part, is
one for which the employer is responsible. Where is the dis-
tinction between the imperfect tool and imperfect man, provided
the imperfect physical condition of the man has caused or con-
tributed to the injury of a third person. With the constant dis-
position of courts to hunt for new grounds of liability in personal
injury cases, it is not unreasonable to presume that they will soon
require the same care in the selection of men, that they now re-
quire in the selection of a piece of iron or wood, and that they
will also insist that the man must not be used past the lin.ii of
his ability and strength to bear the burden imposed upon him any
more than they will now allow the iron or wood to be used after
rust or decay have rendered weak that which was once strong. If
this is to be the view of the courts in the future, it is of the utrrost
importance that railroad companies, at least, recognize the possi-
bilities, and protect themselves, their employes and the public, by
voluntarily and at once providing for the future.
A serious problem will be as to what standard shall be adopt-
ed in the employment of new men. I have already said that I
do not believe the present employees should be discharged for
causes which should prevent new men from entering the service
I confess mvself unable to suggest as to what the standard should
be. Operating officers know what duties are required, and there
can be none better qualified to formulate rules for examination
and a standard of fitness for the performance of these duties
than the Railway Surgeons of America.
Let me close by thanking you for your kind attention, and
suggest that you appoint a Committee from this Association, to
consider and report upon the physical requirements for the per-
fect Railroad employee, in the branches of train, yard and main-
tenance of way service: These appear to be of the first im-
portance: the other branches can follow if our conclusions are
verified in respect to these.
Digitized by VjOOQIC
DISCUSSION OF PAPERS ON "PHYSICAL FIT-
NESS OF RAILWAY EMPLOYEES."
READ BY ALBERT BACH, ESQ., AND GRANVILLE P. CONN,
AT THE NOVEMBER MEETING; AND BY R. C RICH-
ARDS, ESQ., J. L. GILBERT, ESQ., AND DR. JO-
SEPH WHITE, AT THE DECEBIBER MEETING.
Discussion of the papers of Mr. Albert Bach and Dr. G. P.
Conn, at the joint session of November 20, 1899, was opened
by Dr. C. B. Herrick. of Troy, Secretary of the New York
State Association of Railway Surgeons, as follows :
I have listened to the paper just read by the President, Mr. Albert
Bach, with a great deal of interest, for it is no doubt a matter of the high-
est importance. The idea of having a doctor on onr transcontinental
trains is a good one, and I believe that many times snfiering would be
alleviated by such, both from the attacks of sickness possible to occur
among the number of passengers, but in the case of any person along
the line being in any way injured by the train. The idea of the hospital
car being attached to sudi trains is not so necessary, and would probably
meet with a great deal of objection from our raUway managers. In
talking, quite recently, with one of our presidents, he said that he be-
lieved a car of that nature would a£fbrd a suggestion of accident to the
psssenger to such a degree as to cause him to avoid the train having snch
a car attached. He thought that anything in the nature of accessories
to be used for injuries should be kept out of sight, so as not to disturb
the feelings of any passenger. There is no question but what there
would be great difficulties in the way of having any such a car adopted,
for of all the roads now working a surgical service,^ very, very few had
a hospital car.
In regard to the suggestion, as to the coverings of seats of cars, I be-
lieve that rather than to discard the ones that are now comfortable and
pleasant to the eye, that such, if properly cared for and disinfected,
could be kept entirely free from disease genua Formaldehyde gas can
be Introduced into a car, and the interior of such, with all its hanginga
and coverings, can be made germ free in a few hours, and without the
least damage to the most delicate fabrics. I believe this matter of disin-
fection of cars to be the most important of subjects. There is no doubt
but what sleeping cars, on the routes toward winter resorts, are being
continually infected, and become means of spreading such diseases aa
tuberculosis and infective disorders. The berths are occupied nightly by
suffering ones, whose exx)ectorations land on the hangings and sides of
the berth, to dry there, and in desicated form, dislodge themselves, to be
breathed in by the subsequent occupants of the berth. To obviate this.
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MBDICO-LBGAi: SURGERY. 841
I would recommend tbat there be built, in each sleeping car, a compart-
ment large enough to hang all the blankets, hangings and bed clothes.
After every trip, all such should be hung therein, and subjected to
thorough sterilization by means of steam pipes leading directly into such
a chanber. This would effectually kill all germs. If trunk lines had a
doctor in their constant service to accompany trains on long journeys,
the fame man could supervise the details in the matter of car sanitation,
which would undoubtedly redound to the benefit of the entire traveling
public I believe that a large majority of our coaches and cars are im-
properly cleaned, or not sufficiently disinfected to make them sanitary or
germ free.
Mr. Henry WoUinaii, of the Bar of New York, said:
While I was listening to the distinguished gentleman read the paper
sow under discussion, I was forcibly reminded of the little "saw** which,
when we were children, we recited at school. It ran :
" He thrusts his fists against the posts,
. And still insists he sees the ghosts "
His recital of the terrible outrages the public are being subjected to, in
not having surgeons on trains, calls to mind those scientists'who are capa-
ble of taking up a glass of apparently pure and clear water, and seeing in
it all sorts of microbes and bacillii, and other things productive of death;
their scientific eyes see death lurking in every drop of the water ; yet
people continue to drink the same kind of water, year in and year out,
and live on, apparently unconscious of the great quantity of death that
they are imbibing.
The theory of the gentleman apparently is, that because there occa-
sionally is a very urgent demand on a train for a surgeon, the rail-
road companies should be compelled constantly to have a surgeon on
every train traversing a certain distance ; that is just as logical, in my
opinion, ss it would be for me, because occasionally a button falls off my
coat or my trousers rip, to constantly carry a tailor around with me.
The gentleman, as an argument in favor of the necessity of having sur-
geons on trains going long distances, cites us to the fact that steamships
are required to carry surgeons. You can*t compare a steamship, which
sever consumes less than six days in crossing the ocean, to a train of cars
in the United States, where, even in the remotest parts of the west, yon
are never more than two or three hours distant from a dty of sufficient
size to have a first-class physician or surgeon.
I have traveled over this country, and in every part of the west, possi-
bly as much as any person in this room, and I never but once was on a
train where there was any demand for a surgeon, and that quite recently,
when a passenger, just after leaving a little city this side of Pittsburg,
had his fingers badly mashed by the door of the car. The conductor held
the train until he could summon a surgeon from up town. As soon at
the soigeon arrived the train started, and two or three stations later the
division surgeon of the railroad came on the train, but in the meanwhile
the passenger had received the most excellent care and attention.
This Society cannot affi^rd to waste its time in chasing rainbows, or
attempting, purely on theoretical grounds, to institute xeforms where
there is no real need, when there are so siany practical qnestioni that it
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342 MKDICO-LKGAL SURGERY.
can lend its great influence toward solving ; and in tny opinion, with' dne
deference to the gentleman who addressed ns this evening, there isn't
the slightest practical ground for asking the railroads to carry hospital
cars with a complement of surgeons and nurses, even on trans-continental
trains. There are some things in the speaker's paper that must commend
themselves to us all, such as fumigating the hlankets and linen in sleep-
ing cars ; but do yon medical men recall any disease spread through fail-
ure to do so?
In the course of the gentleman's discussion of his own paper, he has
seen fit to denounce the railroads of this country in the severest terms,
and you and I know there was no call for it All of you who have trav-
eled extensively in Europe, will agree with me that the railroads of this
country, by comparison, at least, treat their passengers exceedingly well.
Of course, there may be occasional outrages and occasional wrongs per-
petrated, but the average is exceedingly high, and I think we can safely
say that the keenness of competition between rival lines will always insure
to the public the best care and attention, and the most ample protection.
I regret that I am compelled to differ so radically from the gentleman,
but I cannot help feeling that for the most part he is endeavoring to re-
form outrages which do not exist.
PISCUSSION OF THE PAPERS READ AT MEETING OF MEDICX>
LEGAL SOCIETY, DECEMBER SESSION, 1 899.
Mr. Clark Bell said :
I can only repeat here, in regard to the admirable papers presented to
this body by R. C. Richards, Dr. White, Dr. Conn and Mr. Gilbert, ot
Chicago and Northwestern Railroad, what I said before the New York
State Association of Railway Surgeons, that I regarded them as most val-
able and important contributions to the literature of railway surgery.
The substance of those remarks appear in the report of that meeting in
another column, to which your attention is directed rather than to re-
peat the language used.
Dr. Conn is an old and highly esteemed member of the Medico-Legal
Society, and is also a member of the Section of Medico-Legal Surgery,
and for one term occupied the position of Chairman of that Section.
His paper, read at the meeting of the Section and Society in joint ses-
sion, in November last, will be found of great value, and his contribu-
tion to the New York State Association of Railway Surgeons, which, on
account of the limited time, can only be read here by title, shows the
extent of the labor of this valuable student of sanitary science in its re-
lation to railways and their management
I do not care, at this time, to add anything to the remarks I made on
the previous occasion referred to, as to the paper of Dr. White, or of Mr.
Gilbert, the latter of whom is a member of this body. But in regard to
the paper of Mr. Richards, who has recently united with the Section of
Medico-Legal Surgery of this Society, I wish to say, in addition, that I
hope this paper, as well as the other papers presented this evening, can
be laid before the managers of the leading American lines of railway, and
that through the good offices of our member, the Hon. A. G. Blair, Min-
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MEDICOLEGAl. SURGERY. 343
ister of Railways of the Dominion of Canada, they can be brought to the
attention of the railway officials of the Dominion.
The railway interest of this country has now become so enormously
large, that it would be well for our government to inquire of our Canadian
friends whether that interest in America should not be also represented
here by a Cabinet minister.
I wish to accentuate and emphasize the suggestions in Mr. Richards'
paper, especially
I. I learn, on inquiry, that the following railways in the United States
have already adopted the plan, so ably presented by Mr. Richards, as in-
augurated by the Chicago and North Western Railway, viz. : The Chicago,
Rock Island and Pacific ; the Fremont, Elkhorn and Missouri Valley
Railroad; the Union Pacific ; the Burlington, Cedar Rapids and Northern;
the Chicago and St. Paul, Minneapolis and Omaha, Chicago and Great
Western, Illinois Central, and the Gulf, Colorado and Santa Fe.
This is certainly a grand beginning, and indicates that the seed planted
by the Chicago and Northwestern Railroad has fallen on good ground
and is destined to bring forth abundant fruit in due season.
Pbnsions for Raii;way Empi^yebs.
3. In regard to the recommendation of Mr. Richards, which related to
the general adoption of some form or plan of pension scheme, now under
consideration by many railwa3rs.
His suggestion is timely in its wise limitations regarding the enlarge-
ment of a class whose physical defects, at the outset, would be unfair to
others, whose benefits would be deferred out of a fair proportion, in con-
trast with those who were deficient.
Since the paper was written, my attention has been called to the
hardships of railway men of great experience and service, who have lost
positions on the Delaware, Lackawana and Western Railway, in changes
of system and details of management; where men of the highest capa-
city, after fifteen years and over of service, without any fault of their
own, or any pretense of inefficiency, of a railway, that has been justly
regarded in the past, as a model and exemplar of all the railways of the
nation in the practical working— these men are thrown out of employ-
ment on short notice, many of whom have families dependent upon
them.
I asked Mr. Richards what plan of pensions he would recommend.
He replies, "my ideas about the pension feature are very vague. I
really have not given it sufficient thought to outline a plan, other than
substantially the one adopted by the Canadian banks, which, modified
to our needs, would be something of this kind : The corporation to start
the fhnd by a substantial donation or appropriation, and pay in a certain
amoont annually, say three (3) per cent, of its pay roll, or less, the cor-
poration to guarantee the payment of the pension, or if the scheme
dropped, to refund to the employee the amount paid in by them, with
a low rate of interest ; th^ employee to contribute two per cent., or per-
haps three, of their monthly salaries to the fund, and when they reach a
certain ag^, say sixty, to be allowed to retire at half or three-quarters of
their salary; that retirement at sixty-five be compulsory; that if there
I a widow narvmng the party retired, she to draw half pension; it any
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344 itKDlCO tECAI, 6i)rg«rV,
minor children, thej to be entitled to a fixed ram during their minority;
that if a contributor should leave the service, or be discharged, he should
be entitled to have refunded whatever he had paid in, without interest,
the old employees to come in when scheme starts; new ones, after a term
of ten or fifteen years service; that the maximum amount of pension
should not exceed |5,ooo, in order to avoid paying excessive sums in
cases of persons drawing salaries over |i3,ooo, the corporation to have
management and custody of the funds. This outline is crude, but I am
not in a position to fill it out. With your fertile imagination you can
fill out the spaces much better than I could."
I feel under obligation to Mr. Richards for the original suggestions and
more especially for the data he furnishes for a scheme of pensions, which,
while not pertinent to the discussion of the papers, is one that should re-
ceive the thoughtful consideration of the Section, to whom I shall move
that this pension system and these recommendations be referred with a
view of having a carefully selected committee of Railway Counsel and
Railway Surgeons for examination and report
I close by thanking Mr. Richards for the masterly and^ comprehensive
presentation he has made of this subject, which, I feel, must be regarded
by railway officials as the ablest and most complete statement of the rab-
ject yet made.
Dr. J. Mount Bleyer, of New York, said :
In entering this discussion I wish to say that I presented to the Rojral
Academy of Medicine and Surgery of Naples. Italy, in 1894, an elaborate
paper on " Tone Blindness, and the Education of the Ear," but do not
wish, here, to enter on it any further than to present copies of this paper
to the members attending this meeting. I wish here to enter only on
the rabject of Color Blindness, and give a few important points therewith.
Color Blindness, known under that name, is not by any means a real
defect Jdany persons are deficient in color sense. This is independent
of the fact that much confusion about colors results from the very de-
fective nomenclature which prevails. The defect referred to is where
there is an actual want of perception of certain colors ; for instance, a
person may be unable to distinguish between a red and a green. This
was the case with the eminent chemist, John Dalton, to whom red of the
most staring hue had the same appearance as a quite greenish green.
Such persons are said to be color blind, and the phenomenon itself is
known as color blindness, and very often Daltonism. To rach persons
the spectrum is usually devoid of variety— they see in it only two or three
colors. If they are deficient, as is usually the case, in the perception of
the red rays, they only perceive two well-marked divisions, ^vdiich they
call yellow and blue, the yellow including all the spectrum lying between
the extreme red and yellowish-green, while the blue includes the rest of
the spectrum. Often there is in the middle portion of the spectrum a
neutial zone, in which no color is perceptible ; in the majority of cases
this neutral zone is the position of neutral green to the normal eye.
Maxwell, one of the most noted of modem physicists, who investigated
this phenomenon of color blindness with the aid of his discs, showed that
any color presented to them can be matched with the aid of two colors
akmg with black and white, which proves that color blind people peroeiTe
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MtolCO-LftGAt- SURGEkY. S46
onlj two of the three fandametital colors which are yisible to the normal
eye. Heltnholtz has alao investigated this theory of color blindness, and
arrived at the same results as Maxwell. The most common form of color
blindness is that one allnded to above, where the color sensation for red
is deficient In this case, red objects appear more or less yellow, and it
is not possible to distinguish between red and green. A common case is
where the eye is deficient to the yellow. To such a person red and violet
are easily distingnishable, but green and violet are confused togethto, as
are also blue and red. Yellow has the ,'same effect as, and is indistin-
guishable from, a bright red ; one portion of the spectrum is a neutral
sone and appears of a gray tint. Again, still more rarely do we meet
with persons who are color blind to violet.
Of comae there are degrees of color blindness, as in other defects. In
some persons the defect only occurs to a limited extent ; they may be able
to distinguish the red from the green, but only just; the difference is not
so marked as in the case of a normal-eyed person, while there are other
cases where we get the extreme kind of defect, where the person utterly
£eu18 to distinguish between various colors. Persons who are color blind
have, of course, considerable difficulty in matching colors— in fact, it is
impossible for them to match correctly the different colors. Testing
methods for the color blind are numerous. It may be remarked, in
passing, that it is not difficult to ask a person to name the color of a col-
ofed object, and to judge of the efficiency of his color vision thereby, for
a person may not be actually color blind, but may give wrong names to
the colors; he must be asked to match one color by means of another
Persons who are color blind often confuse a color that is a mixture of
red and violet with a color mixture of red and green ; hence color blind-
ness and the character of the defect may often be ascertained by placing
before the color blind person objects colored with mixtures of red and
green, red and violet, and of green and violet, and asking them to form
matches by the aid of similar colors. A red color blind person will match
a mixture of green and violet with red, while he would not be able to
match a mixture of red and green, for to him this would give the sensa-
tion of white or grey. A green color blind person will match a mixture
of red and violet with green, while a green or red also would show more
or less white to him. The degree of perception of color varies also^with
the same person at different periods of his life. This has often been no*
ticed in the case of artists. The coloring of the great artist, J. M. W.
Turner, varied considerably between his early pictures and his late pict-
ures, and this change is usually ascribed to an alteration in the color per-
ception ficulties of the artist
A normal-eye person may actually render himself, for a brief space,
color blind, by locking intently for some time at a red or green sur&ce,
or looking intently through spectacles made of colored glass. When he
has thus fatigued his eyes to one of the fundamental colored rays, he will
find that he is not able to distinguish the colors of objects properly.
Awoth^ plan which may be .followed is to heat some soda in a Bunaen
tmrner, when a yellow light will be obtained, whose luminous qualities
are rath at to iUuminate very well the whole of the objects in a roonK
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346 MEDICO-LEGAX SURGERY.
but it 18 impossible to distingoiah colors, red or green objects appearing
to be quite black.
Other senses, as those of taste, smell, and hearing, can also be fatigued
for a temporary^time.
Dr. Carleton Simon said :
I agree with the doctrine of the paper of Dr. White, read by the last
speaker, and would advise that no engineer be allowed to pass a board
whose eyes did not respond to tests sufficient to bring them within the
margin known as ^, and that to the best of my belief the Pennsylvania
Railroad, in their school and in their tests, required this figure to qualify
them. I believe that physical tests should not, alone, be necessary, but
that even the brakemen on a train should know how to run a locomotive
in any emeigency; that they should know the telegraphic code of various
stations, the difiPerent grades of the road, and the weakness of any par-
ticular branch. Also they should have a rough knowledge of the amount
of coal cousumed and the mechanism ot air-brakes, and other details not
usually taught, but of inestimable value in an emergency.
Dr. George ChaflFee, of Brooklyn, Vice-Chairman Section of
Medico- I^gal Surgery, Ex- President New York State Asso-
ciation of Railway Surgeons and editor Department of Railway
Surgery in International Journal of Surgery, contributed the
following to the discussion of the papers read :
The papers taken together cover the subject so completely, the one
overlapping the other in such a way as to form one of the strongest and
most valuable contributions ever made to this particular branch of rail-
way surgery, and will ever stand as one of the bright stars representing
the work of this Association.
The reading of these papers was one continuous round of rapid fire,
directed at the old hap-hazard system of selecting railway employees,
practically forcing the keystone from the arch of the old structure, the
end of which, it would seem, is only a matter of time.
So full of valuable points are all the papers, that one finds it difficult
to select those having most force. The entire mass of evidence is in
favor of a physical examination; indeed, there is no argument to be pre-
sented against the adoption of such a system on all lines, and in this
respect the discussion was unique.
The question of liability is raised and answered, and the possibility of
legislation considered. All agree that sound timber is preferable to "old
scraps," that an age limit, as weU as moral and mental standard, should
be fixed. Examination of vision, hearing, and the color sense is of vital
importance, and reexamination by the oculist, after injury or disease,
and for promotions is a necessity. Nearly fourteen per cent, of rejected
applicants, as reported by one line, is a high per cent to reject, but it
speaks well for the company that is looking for * 'safety employees,*' and
should convince any who may be in doubt as to the necsssity of an ex-
amination. The adoption of a * 'universal system of examinations,*' will
recommend itself, and place the various companies in line for the con-
^deration af the pension and insurance features.
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IfBDICOLBGAL SURGERY. 347
Men "who are espedallj qualified to do snch work'* should be placed
in charge of this service, and it is said that "the railway surgeons of
America" fill the requirements. And this brings us back to the hub of
the wheel, or foundation upon which all these important features are
resting, yiz.: a snxgical service on railways.
Viewed firom whatever standpoint we may select, we are forced to con-
clude, that this child or question of fitness, with its examinations, is a
part of, and can not be safely separated firom its parent, the surgical de-
partment
We are told that corporations examine. Inspect and test all material
used in their service, "with one exception," that they have well equipped
work shops, and when a car, or any part of it, is in need of repairs, it is
at once s^it to the company's shops, where it is examined and repaired
by the company's own men, specially trained for the work. On many
lines, an applicant is still employed without examination, and when he
&lls sick, or gets injured, and this man, this human machine, "the
noblest work of God," is in need of repairs, is he sent to the company's
hospital ? If employed on some lines, yes, but if on certain other lines,
no. Many lines have no hospital or repair shops, for their men, and
this work is turned over to entire strangers. Other lines consider it eco-
nomy and humane to provide hospitals or repair shops for their men,
keeping this branch, (surgical work), as well as all other branches of
their business in their own hands, and that is business.
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NEW YORK STATE ASSOCIATION OF RAIL-
WAY SURGEONS.
NINTH ANNUAL IWKTING.
This body met at the New York Academy of Medicine on
November i6, 1899, Surgeon Theo. D. Mills, of Middleton, N.
Y., in the chair; Surgeon C. B. Herrick, of Troy, N. Y.,
Secretary.
The morning session was devoted to the special topic of
'* Physical Fitness of Railway Kmployees/' and the following
papers were read :
I. By R. R. Richards, of Chicago, 111., General Claim Agent Chicago
and North Western Railroad, "As Viewed fix>m the Operating Depart-
ment."
3. By Dr. G. P. Cohn, of Concord, N. H., Chief Surgeon Boston and
Montreal Railroad, "As Viewed from the Snrgical Department."
3. By Dr. Joseph White, of Richmond, Va., Ophthalmic Surgeon C.
and O. R, R, "As Viewed by the OccuUst and Aurist."
4, By I/. I/. Gilbert, Esq., of Pittsburg, Pa., Assistant Counsel P. R. R.
These papers were discussed by
Dr. Wm. D. Middleton, Chief Surgeon Rock Island Railway.
Clark Bell, Esq., Chairman Section of Medico-Legal Surgery, Medico-
Legal Society.
Dr. J. P. Valentine, of Brooklyn, N. Y., Chief Surgeon L. I. R. R.
Gecvge Marsden, Claim Agent N. Y. and O. W. R R
At the afternoon session the following papers were read :
1. President's Address. By Surgeon D. Mills, M. D., of Middletown,
N. Y., President of the Association.
2. Where Hydrogen Dioxide is Harmful." By Robt T. Morris, M.
D., Professor of Surgery, Post Graduate Hospital.
3. " Dislocation of the Shoulder, with Fracture of the Neck of the
Humerus." (Tiiree cases treated by operation.) By B, F. Curtis, M,
D., Professor of Surgery, University and Bellevue Hospital Medical
College.
4. ** Emergent Surgery." By John h, Eddy, M. D.
5. Report of a Case of Traumatic Aneurism of the Ulnar Artery. ' ' By
Chas. E. Townsend, M. D.
An exhibition and explanation of a lamp for the detection of
color blindness was made by Dr. Chas. H. Williama, of Boston,
Mass., Occulist of the New Haven Railroad.
The following officers were dnly elected for the ensuing year :
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MEMCOnLfiGAl. SURGERY. S49
President— Surgeon John I^. Bddy, M. D., of Olean, N. Y.
Vice-Presidents— igt, W. R. Townsend, M. D., of New York City, Erie
Railroad ; 2nd, H. P. Jack, M. D., of Camistee, N. Y.
Secretary— C. B. Herrick, of Troy N. Y., D. and H. R. R,
Treasurer— T. D. MiUs, M. D., of Middletown, N. Y., O. and W. R. R.
There was a large attendance of members, and the meeting
was a very successful one.
The discussion of the papers at the morning session was
opened by Clark Bell, Esq., Chairman of the Section of Rail-
way Surgery of the Medico-Legal Society. Mr. Bell said :
I have been requested to discuss the several papers presented this
morning by Mr. R. C. Richards, of Chicago; Dr. G. P. Conn, of Concord,
tt. H.; Dr. Joseph White, of Richmond, Va., and Mr. I^. L. Gilbert, of
Pittsburg, Pa., and I take pleasure in stating that I am delighted with
the tone of the papers. I think the paper read by the gentleman from
Chicago, Mr. Richards, of the Chicago and North Western R. R., is cer-
tainly the most practical, lucid and voluminous presentation of the sub-
ject that has ever been given, and one that should be studied by claim
agents, counsel and physicians.
It practically insists on having the same general standard of examina-
tion for employees of railways, which now number nearly a million of
men in North America.
When we reflect, that at the close of the first third of the present cen-
tury there was scarcely a railroad in the world in operation, and when we
consider that now there are more railways in America than in all the
world besides, it is natural, that by virtue of our position, we should be
the leaders in developement in railway management and operation.
When we come to consider, that within the last fifteen years the evolu-
tion in railway structure and management has developed so marvelonsly
and extraordinarily, the injuries resulting from accidents swelling in pro-
portion, it is natund that the managers of railroads should carefully con-
sider how they can carry on their business without having a physical
examination of their employees. Allusion has been made to our police
fivoe. None can get there without a rigid examination, and so the best
material is obtained by reason of this examination. And yet many rail-
roads go on employing men right and left without attention to this ques-
tion at all. All other great enterprise!) have tliis preliminary examina^
tion of their employees. Of course, it is not absolutely necessary. But
I shall be glad if Mr. Richards will send me his paper to be read before
the Medioo-L^;al Society, and published with the very important tables
referred to by him, in the December number of the Medico-Legal Jour-
nal, I must compliment the west, which has done so much in the intro-
duction of hospital work and hospital service on the railroads of the
United States, and must express regret that our great New York Central
Railroad has no hospital service or chief surgeon or hospital system. I
am glad to see that western men are in control of the Delaware, Lacka-
wanna and Western Railway. There is great room for developement in
the field to which our attention has been called this morning.
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360 MEDICO-LEGA-L SURGERY.
Dr. Richai^d'a contribution is one of the moat valuable I have ever
listened to.
Dr. Granville P. Conn's labors have been of enormous services to the
New England roads. I endorse the leading views of his paper, and I
congratulate this Society in its success in bringing this eminent man into
this work to-day.
I was particularly interested in Dr. White's paper. I have not much
to say in regard to color blindness. By color blindness we mean gener-
ally the inability to detect or discriminate between colors. Now» what
is color an3rway? It is the particular impression made upon the mind
which we dominate red, blue, green, etc Now, all believe that each
color presents some sort of an impreesion on the senses in color blind
men, so that some of them can discriminate one from the other. I think
it would be wise for Dr. White to consider what could be done to make
this man indicate, detect or recognize that which we call blue, green, or
white.
Dr. White makes a nice distinction between "color sense" and "color
knowledge." He says, "a man can have color sense perfect and his
color knowledge nil,** , "He may not be able to name colors with a de-
fective 'color sense,' and that a knowledge of colors does not always in-
dicate 'good color perception.' "
He says he has seen color blind persons who had marvelous ability to
name colors in a good light, judging, as he thought, by the intensity of
the shading and illumination; and that he has seen others with perfect
color sense unable to call the names of colors because they had never
learned the names.
Now, it has occurred to me, that the students of this branch of scien-
tific inquiry should go fieuiher than they seem to have gone. What ia
color, as we understand it? How is any standard of color set up among
men?
For the purpose of signals, if an engineer can detect and disoimate
between a blue, a green, or a red light, that is what is required.
The impression made to the senses by the action of the optic nerve
produces certain censations. Those of a certain character have been
denominated red; of another, green; of another, blue, and so on through
the whole range of colors. How are we to define these sensations in
those ¥^ call color blind?
If an engineer sees a signal that he is told is a red signal, and if he finds
that he is regarded by the tests as "color blind" should it not be ascertained
whether he cannot, by comparison, locate and define the sensations pro-
duced on his perceptions by that color, so as to recognize it when he seea
it. If this is true in green and blue, and those colors we use in railway
signals, and the white bright light, he is safe It does not follow that his
sensations, in seeing red, di£fer from yours or mine when we see red.
The question is, can he tell at sight, by any sense produced on his vision,
that color we call red, safely and certainly? Can he do this of green,
white, blue and other signal colors? If he can he is safe. If he c&nnot
distinguish one of these from another, he is unsafe. If all colors look
alike to him he must be rejected so long as we use colors for signals.
Dr. White's criticism of the chief suzgeon of one of our most promi-
Digitized by VjOOQIC
MEDICO-LEGAL SURGERY. 861
nent railway syttema, as to the valiie and importance of good brains and
common sense in a railway employee, as against good color perception,
should be taken cumgrano salts.
I know the chief snrgeon to whom he refers as one recognized among
the ablest of the nation, with an immense experience.
He may have been misquoted in that discussion, or he may have sought
to accentuate and emphasize the greater danger of a want of general in-
telligent and practical common sense of engineers and signal men, than
mere perception of colors.
Certain portions of Mr. L. L. Gilbert's paper strike me as worthy of
serious thought and especial attention. I shall refer only to some of the
more salient, more for the purpose of accentuating them, than with any
hope of adding to his admirable presentation of the subject The rail-
ways of the United States have grown to such enormous proportions, and
the number of employees compose such an army, that the proper selec-
tion of employees assumes a graver question than it would otherwise be.
There is now more than 180,000 miles of railroad in America, exceeding
the railways of all other countries combined, with their great army of
employees, which gives something of an idea oi the importance and mag-
nitude of the questions involved. One of the most pregnant sentences
Mr. Gilbert uses is the following :
"I think I can say that none of the leading railroad corporations of the
United States will willingly employ an engineer, fireman, brakeman, con-
ductor, switchman, or a man in any other position where his intoxica^
tion can result in personal injury to himself or others, any person of in-
temperate habits. The rule is wise, economical and humane, and by it
no one is done an injustice or subjected to the dangers so common in the
earlv days of this industry."
What an enormous truth this becomes for the consideration of the
young man who enters the service of railway corporations. How can
such an announcement of a leading counsel of a great railway be accentu-
ated by the railway surgeons? How can it be illumined and brought to
the perceptions of the great masses of the common people ? Does it meet
your approval as a reasonable and safe rule for the guidance of a great
railway in its relation to its employees, and is it fiiir and just and safe ?
Railway management is a growth. The first railway was run at the
end of the first third of the century now closing. It has progressed slowly.
The last fifteen years of the century have given more substantial fruits in
progress than all the preceding years since X832. This assertion relates
more to the new employees than to the old ones.
No class of men are more conservative than railway managers. They
may retain an old employee close to the border line of this exemption,
because of unwillingness to discharge tried men and old employees, but
a road that lives up to the spirit of this principle is safe, and though in
many cases a strict adherence to the letter and spirit of the tests might
seem harsh and hard to men of long service and experience, it could not
be criticised by the traveling public.
I have thought that the whole subject of railway surgery should be
brought to the attention of the Paris Congress of 1900. I have been
asked by Professor Brouardel, Chairman of the Section of Legal Medi-
dne, to arrange an Auxiliary Committee, and have done so, and submit
Digitized by VjOOQIC
862 MEDICO-^LBGAI. SUKGERY.
that corretpondence and the committee, and the papen alieady an-
nounced, toyonr body in this short prospectus.
I call to your attention that Dr. Geo. Chafiee will contribute a paper on
railway surgery to that Congress ; that I have undertaken to do so, and
that legal and medical men connected with railways should do so and
send me the titles of their papers. I will not take your time to read this
prospectus, but I ask you to read it and act upon it
Thanking you for your courtesy in listening, and your officers for the
honorof the invitation to participate in this discussion, I congratulate
your body on the excellence of its labors at this session.
Chief Surgeon G. P. Conn, M. D.; Chief Surgeon John F.
Valentine, M. D.; President Elect, John L. Eddy; George
Marsden, E q.. Claim Agent O. W. R. R., and the authors of
the papers, took part in the discussion.
Digitized by VjOOQIC
PSYCHOLOGICAL.
This Department is conducted witli the following Associate
Bditors :
Todse Abnm H. Dailey, Brooklyn, N. T. Henry Hulst, M. D., Grand Rapids, Mich.
ProL A. A. O'Ancona, San Prandaco, Cal. R. J. Nunn. M. D., Savannah, Ga.
H. & Dmyton, M. D., N. Y. A. B. Osborne, M. D., Cal.
M. BlUnger, Bsq.. N. Y. City. Jas. T. Searcey, M. D., Tuscaloosa. Ala.
Dr. Ha^ock Bills, tondon. U. O. B. Winsrate. M !»., Milwaukee, Wis.
Thomson Jay Hudson, Bsq., Wash., O. C. Prof. W. Xavier Sudduth, Chicago, 111.
Wm. Lee Howard, M. D., Baltimore, Md.
as the organ of the Psychological Section.
The Psychological Section of the Medico-Legal Society has
been organized, to which any member, Active, Corresponding
or Honorary, is eligible on payment of an annual enrollment
fee or dues of $1.50.
Any student of Psychological Science is eligible to unite with
the Section without joining the Medico-Legal Society on an
annual subscription of $1.50, payable in advance and receive
the Mbdico-Lkoai, Journai^ free. The officers for 1899 are
as follows:
Chairman^
PxoF. W. XAVIBR 8X7DDUTH, OF CHICAGO, III.
LEGAL AND SCIENTIFIC. MEDICAL,
Vice-Chairmen, Vice-Chairmen.
dark Bell. Bsq., of New York. James R. Cocke, M. D., of Boston. Mass.
Rer. Antoinette B. Blackwell. of N. Y. T. D. Crothers, M. D.. of Hartford, Conn.
Harold Browett, Bsq., Shanghai, China. P. B. Daniel, M. D., of Austin, Texas.
C Van D. Chenowetn, Worcester, Mass. H. 8. Drasrton, M. D., of New York.
Judge Abram H Dailey, of Brooklyn. Wm. Lee Howard, M. D., of Baltimore, Md.
IfotiU Bllinger, Esq., of New York. Henry Hulst, M. D., Grand Rapids. Mich.
Rev. Phebe A. Hanaford, of New York. Prof. Thomas Bassett Keyes, ot Chicago.
Thompson Jay Hudson, Bsq.,Wa8h*n, D. C. R. J. Nunn, M. D., of Savannah, Ga.
Sophia McClelland, of New York. A. B. Osborne, M. D., of Glen Bllen. CaL
Mrs. Jacob P. MiUer, of New York. Jas. T. Searcy. M. D., Tuscaloosa, Ala.
U. O. B. Wingate, M. D., Milwaukee, Wis.
Mrs. Mary I^ouise Thomas, of New York.
Secretary and Treasurer.
OUUIK BBIX, Bsq., of Nbw Yokk.
Executive Committee.
CI^ARK BBIvL, Bsq., Chairman.
CAROLINB J. TAYLOR, SecreUry.
M. Bnioger, Bsq. Judge A. H. Dailey. Geo. W, Ororer, M. D.
a BwW.lfcUoo, M. D, Ida Trafibrd Belt H. W. Mitchell, M. D.
Digitized by VjOOQIC
PREMATURE BURIALS.
BY HBNKY G. GARRIGUHS, A M , M. D., OF NEW YORK CITY.
Physicians differ much in their views in regard to the ques-
tion whether live burials are frequent or not, some declaring that
they never occur, and one, who has made a special study of the
question, that out of every two hundred persons one is buried
alive.
I am far from agreeing either in one extreme or the other, but
I do believe that premature burials are not very rare, and I base
this belief on the fact that graves so extremely rarely are reopen-
ed and still it is asserted that on such occasions sometimes it be-
came evident that the inmate of the grave had revived in his
coffin.
Secondly, and this consideration has much more weight with
me than the first, I base my belief in the comparative frequency
of premature burials on the numerous cases in which people
have had narrow escapes from being buried alive.
Thirdly, I base my belief on the unreliability of the so-called
signs of deaths, with the sole exception of unquestionable putre-
faction of vital organs
Fourthly, I base it on the absence of proper laws to protect
the apparently dead against live burial.
Fifthly, And lastly, I base it on the carelessness with which
death certificates are signed by physicians.
The time allotted me is so short that I cannot do more than
skim this interesting subject.
Unfortunately newspaper reports of cases showing live burials
are often pure inventions and can therefore not have any weight
in an argument.
But among those Who have had narrow escapes from being bur-
ied alive are men so worthy of credence, that we would have to re-
ject all historical evidence, if we would refuse to admit their tes-
Read, December 19. 1899, before the Section on Medicine of the New York
Academy of Medicine, and contribnted by him to the discussion of the snb^
ject before the Medico-I^gal Society on December 20, 1899.
Digitized by VjOOQIC
PSYCHOLOGICAL. 865
timony, such men as the celebrated anatomist Winslow, who
twice was laid out as a corpse, and the eminent French Cardinal
and Senator, Donnet, who heard the whole burial service of the
Catholic Church pronounced over himself.
In the course of time numerous signs of death have been an
nounced: cessation of respiration, arrest of circulation, purple
decoloration of the dependent parts of the body, parchment-like
appearance of a place of the body denuded of epidermis, rigor
mortis, the formation of a blister by the application to the skin
of a hammer dipped in bcfiling water, and, best of all, putrefac-
tion of the vital parts of the body. Besides simple signs of
easy verification, there are others more difficult to test or less
reliable upon which time does not allow me to enter.
Of the first group decomposition is the one irrefutable anrl
reliable sign of death. Of the others we can at best say tha^
the more of them are combined, the surer is the evidence that a
person is dead. j
Our legislation concerning burial is all in favor of the survi
vors, and not a thought is given to the possibility of apparent
death. It is left to laymen who happen to be present when a
persons ceases to breathe, to declare him dead. Tsrnorant mid-
wives. this spot upon a civilized community, are allowed to sign
death certificates. The law does not prescribe even an inspec
tion of the supposed dead body, much less any special fe^^^r *"~
ascertain whether death is real or apparent. It does not in any
way ask the signer of the certificate upon what ground he or she
declares a fellow-being to be dead.
Is !t so simple a tr»atter to rl^ride. and is it nuite sure that
every phvsician and everv mid-wife, whose sienature consieTis a
p'^'jon to his grave, are quite familiar with the reputed si ens o^
death? ^ - ..- -.-,-,,, ^^,^«.._,..^.^.^^.
As a matter of fact, many phvsicians do not even glance at the
supposed bodies of their patients, but siofn the certificates of
death on the report of friends or strangers present at the sup-
posed death. What, then is needed to put an end to this dis-
graceful remnant of barbarism?
Personally. I am in favor of waiting mortuaries, where bodies
should be kept under proper supervision till decomposition has
heeun. Some recommend cremation, which certainly is prefer-
able to live burial ; but how terrible must be the feelings of the
apparently dead, when he knows that he is going to be thrown
into the all-consuming furnace.
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356 PSYCHOLOGICAL.
•
In the absence of something better, I hail the apparatus of
Count Kamicki as both ingenious and practicable; but since the
I>erson lying in his coffin in the depth of the earth, even with
admission of air and light, is in an unenviable position, great im-
provements are called for in the rules and regulations governing
burials.
First. Only authorized practitioners of medicine should de-
cide, whether a person is dead or not.
Secondly. The blanks for certificates of death should contain
questions in regard to the chief signs of death, and the physician
signing the certificate should answer each question with "yes**
or "no," besides declaring that he personally has examined the
body.
Thirdly. It should be made a crime to do anything to the
supposed dead that would cause pain or injury to a living person,
before the certificate is signed.
As long as nothing of the kind is done, none of us has any
gfuarantee that he will not be buried alive, thrown into a glowing
furnace, or be killed by the performers of autopsies, the under-
takers with their ice-box, or the embalmers with their solution
of arsenic
Digitized by VjOOQIC
PREMATURE BURIAL.
DISCUSSION OF THK PAPER OP K. CAMIS, ESQ., AND THE QUES-
TION OF PREMATURE BURIAL AT THE DECEMBER MEETING
OF THE MEDICO- LEGAL SOCIETY, 1899.
Mr. Dtirand, cctlng for M. Camis, Esq., who was not suffi-
dently acqnaitited with our language to read his views before
the Society, quoted, in support of the paper, and as additional
and auxiliary thereto, some extracts from % paper read by Mon-
sieur E. Camis before the New York Academy of Medicine on
December 19, 1899 :
"In what we are concerned, it has been pretended that medicine is now
soffidently equipped to diagnosticate real death. Our dnty was not to
reject this statement a priori, bnt to restrain it. We have made inqniry
among savants who have made a special study of the question, and par-
ticularly that of lethargy.
" Lethargy in fact presents all the characteristics of true death : stop-
page of the heart, total insensibility, complete coldness, corpse-like
rigidity, etc, with this particularity, however, that the sick person hears
and even sees to some extent, and that, so to speak, he assists at his own
interment : which exceeds the terror of the most awful tortures.
'* On this question, here is the testimony of the learned Dr. Hartmann
(Austria). In his book called Buried Alive ^ first published in English,
then in German, and translated into French by Miss Mary de Komar, he
mentions 68 cases of people considered dead who were prepared for burial
and who, most fortunately, returned to life before being put in the tomb.
All the cases are referred to in foot notes. In his remarks at the end of
the volume, he states that in the space of a few months, he has received
comnrunications from 50 cases of lethargy fhmi the very individuals who
have escaped inhumation as by a miracle.
" I wish I could pass aU the cited cases before you.
"And what is Dr. Hartmann's conclusion from all this ? It is that there
Is only one proof of death, viz. : decomposition of the vital organs.
" In pretence of such indisputable &cts I might rest as being well
groonded as to the value and guarantee of the medical attestations of
others. But let us proceed.
" Dr. Icard, of Marseilles, in his volume Reed and Apparent Deaths
presented and discussed at the meeting of the French Society of Hygiene,
Feb xa, 1897, passed in review and refutes all the means employed to es-
tablish real death. Whatever people say or do, the diagnosis, in his
opinion, remains uncertain and cannot in any case assume the value
of proofl And the final term of the analysis Is expressed in this formula:
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358 PSYCHOLOGICAL.
'Apparent death it life under the externals of real death.* What an
avowal, and what uncertainty!
** Dr. Panvean de Courmelles, in the Journal d^ Hygiene (Paris, 1897),
Dr. William Tebb, in his fine work, Premature Burial^ considering that
the distinction between apparent and real death has hitherto escaped all
investigations and that it still remains a disquieting problem for humanitj,
absolutely condemn radical and final burial as ordinarily practiced and
side by side with the hygienic safeguard given to the living, daim a
safeguard for the dead, or those who are considered such. The begiiminf
of putrefaction of the vital oigans, in their opinion, as in that of the rest
of the chief medical men who have studied the signs of real death, fur-
nishes the sole reliable proof that is capable of satisfying research, and
this notwithstanding the multiplication of works and the perseverance
ofsavants." ♦ * » ♦ ♦ » »
''Lastly, mortuary or obituary houses exist in several European coun-
tries, Italy, Bavaria, Belgium, Switzerland, etc, and seem to be indicated
as definite means to recognize real death. In the annexes built beside
cemeteries the dead can be placed unde)* observation and, as decomposi-
tion is sufficiently characterized, they are entombed. I have visited some
of these pavilions and I owe it to the truth to state that I have indeed
seen the place for the dead, but no dead.
" Public opinion is quite naturally opposed to this exhibition. I do
not wish to discuss it ; I need only state the fact, and I maintain it But
an invincible repulsion will always exist for a procedure which respects
neither the secret of sorrow, nor intimate sentiment, nor even public
hygiene ; for the inevitable exhalations of the mortuaries would become
a danger for the neighboring population, without preju^ce of the
asphyxia they would surely entail upon lethargies wbo have been put
away too soon. To mention the use of mortuaries is to condemn them.
" Thus, if I compare with ' Le Kamice ' the ways and means hitherto
extolled to obviate precipitate burial, I can find none that offiers its
technical value and its guarantees.
*<This declaration made by the illustrious Dr. Richet, professor of
physiology at the Faculty of Medicine in Paris, has drawn from him this
exclamation which I regard as definitive : ' The problem is solved ; leth-
argy is vanquished !*
" What is the final outcome ? Prom the testimony of the above-men-
tioned doctors, five persons In a thousand are buried alive ! According
to the declarations made by grave-diggers of the great cities of all conn-
tries, when, at the end of five years, the dead are removed from the com.
mon grave, they find in the coffins convulsed skeletons, with fists
clenched, twisted and raised to the jaws ! In every part of the world,
there is not a community of any importance, town or village, where some
memory is not preserved of people buried alive, and this memory re-
mains like a permanent terror through all time !"
Mr. Clark BeU said :
The subject is one that had engaged the attention of this body hitherto.
Papers have been presented by H. J. Garrigues, M. D., and by H. Gerald
Chapin, Esq., the latter of whom had formulated a bill which had been
laid before this Society, introduced into the legislature of the state of
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l»SYCHOLOGICAL. 359
New York, and published in the Medico-Legal Journal. When the in-
mention of Count Karnicki had been brought to his notice by M. Camis
he had introduced him to Dr. H. J. Garrigues, requested him to examine
the apparatus with care, and give his opinion concerning its practica-
bility, utility and safety. Mr. Garrigues sent, in response, a letter, which
is submitted.
Nkw York, November 28th, 1899.
Ci^ARK Bbix, Esq.,
39 Broadway, City,
Dear Sir: — I have examined the "Karnice" apparatus. It strikes me
as very valuable. It Is ingenious and simple of construction, and might
be usM without all the drawbacks connected with waiting mortuaries.
H. G. GARRIGUES,
716 Lexington Ave.
Mr. Garrigues had introduced M. Camis to the Section on Medicine of
the New York Academy of Medicine, where he was announced to read a
paper, aed submit and explain the working of the apparatus before that
Section on December 19, 1899, and I was honored with an invitation to
attend that demonstration and take part in the discussion of the subject,
in which Dr. H. J. Garrigues was also announced to read a paper.
M. E. Camis submitted his paper to the New York Academy on Decem-
ber 19, and made a careful and thorough demonstration of the working
of the invention, which is shown in the drawings I now submit to the
Society, and which accompany the papers of M. Camis, presented this
evening. I heard Dr. H. J. Garrigues' paper read at the Academy, and
the working of the apparatus seemed perfect and adapted to successfully
guard against premature burial in all cases of catalepsy, long suspended
animation, and other cases. It is possible that trials would show what
improvements were desirable or necessary, although no improvements
seem to be needed. What seemed most important was the extreme sim-
plicity and economy in its construction and use. An apparatus, if used
on one grave in a cemetery, could, without expense, be used on another,
after one week or ten days. The entire cost of the whole apparatus being,
as stated, only |i8, would enable any cemetery to keep enough of them
on hand to place one on every new grave without any great outlay, and
at a nominal rental for each one used.
Assuming, as it seemed, that the apparatus was a safe and sure pre-
ventative, its value could be best stated as follows:
I. That it would allay and terminate the mental disquietude, fear and
suffering of that large body of our people who dreaded the risk of prema-
ture bnriaL
3. It would reduce to a minimum the dangers of those terrible mis-
takes, fdiich occur in preparing bodies for interment, before burial, and
which have occnxred so frequently.
3. It would be a safe, reliable and inexpensive remedy and preventive
against any one being actually buried alive.
It Is not necessary, here, to enter into any discussion as to the fre-
quency of premature burials. It is not necessary, here, to agree with
those who deny that such a result was impossible, and that it never did
or would occur ; as such a contention is against the common sense, judg-
muit and cKperiemce of mankind. Nor was it necessary to agree with
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360 PSVCfiOLOGICAL.
those who exaggerate the eTil, by atatiiig that one case would oocor in
every 5,000, 10,000 or even 50,000 caaes.
I have good reason to believe that one case may not occnr in every
100,000 cases, or even moie ; bnt the relief to the fears and anxieties of
those men and women who contemplate snch a calamity with dread, is
worthy of the serious consideration of this body, and I shall ask leave to
move tnat a committee of three be named by the chair to carefully exam-
ine into the workings of this proposed remedy, and report their conclu-
sions to this body.
The best contribution, which I recall, on "Signs and tests of death," Is
that of Justin Herold, M. D., of New York, in a monograph, showing
great research. I make a few extracts from the work of this able student
and author of " Herold*s Legal Medicine :"
"To be buried alive is beyond question the most terrific of those ex-
tremes, which has ever fallen to the lot of mere mortality. That it has
frequently — very frequently— -so fallen, will scarcely be denied by those
who think."
As to the fear of this fate, Dr. Herold says :
"There has been among the people of all countries, for all time, a
dread of being buried alive. It has become a nightmare to some, haunt-
ing them, until cutting of the radial has been incorporated as one of the
E revisions of their will, to be carried out after death, in order to prevent
ve burial"
Dr. Herold tabulates the signs and tests of death as follows : .
" I will now consider the signs of death and the tests therefor, as I
found the former, and as opportunity affonled me to apply the latter.
"The following order was observed, in noting the prmdpal signs and
tests of death:
1. Cessation of Respiration.
a. Mirror test. d. Feather test, c. Water or Mercury test. d.
Stethoscopic test e. Rythmic traction of the tongue.
2. Cessation of Circulation.
a. Stethoscopic test d. Ligature test. c. Scarification and cup-
ping, d. Opening of an artery, e. Needle test (Cloqnet's),
/. Fluoresdne test ^. Injection of ammonia ( Monte Veiide's
test). A. Diaphanous test (Carriere's). t. Roentgen ray.
3. Changes in the Eye.
a. Test by bright Ught d. Test by mydriatics, c. Test by oph-
thalmoscope, d. Test by ophthalmotometer.
4. Loss of Animal heat.
Temperature test.
5. Loss of^Sensation and of Motion.
a. Electric test d. Heat test, c. Caustic test
6. Muscular Placidity and Contractility.
7. Cadaveric Ecchymoses, Licidity or Hypostases.
8. Cadaveric Rigidity, Cadaveric Spasm, Rigor Mortis.
9. Putrefaction."
He carefully and seriatim discusses at length, in this monograph, each
of these heads, and concludes a very able examination of the whole sub-
ject of "Premature burial and signs and tests of death," with the follow-
ing conclusion :
"Mv conclusions, then, are that, as a certain sign of death, we need
putreniction, which, in itself, may be taken at a test ; bnt the most cer-
tain test to be applied, without possibility of error, I hold to be the
prompt and immediate opening of the radial or temped artery."
H. Gerald Chapin, Esq., said :
The subject which we are discussing to-night is one of the deepest inter-
Digitized by VjOOQIC
KTCHOLOGICAL. 861
est Onr medical friends may tneer at much as they choose at the likeli-
hood of premature btirial. Atone of their own number has once observed,
"The physician cannot follow his patient to the grave." On the other
side of the Atlantic Col. Vollmn and Mr. Tebb have been laboring dili-
gently in the canse of bnrial reforms, and have collected in their work
hundreds of well-anthenticated instances in which premature burial has
occurred. Our medical Mends may ridicule as much as they like what
they are pleased to call ''newspaper accounts *' of occurrences that never
existed. I am a subscriber to one of these conveniences of the nineteenth
century— a press clipping bureau, and there is scarcely a week which
does not bring to me a dozen accounts in which burial has either occurred
or was about to occur when prevented, when the supposed corpse was
merely in a condition of catalepsy. Now in all probability, as they assert,
the larger part of these gruesome stories have originated in the fertile
imagination of a reporter only, yet it is highly improbable that all are
fiJte. Where there is so much smoke, fire must exist. I have had the
honor of preparing two bills, which were introduced* at the 1898 and 1899
session of the New York legislature by Assemblyman Redington. In
terms these provided (following out the German system) for the estab-
lishment of mortuaries in connection with each cemetery, to be main-
tained at the expense of each cemetery corporation. In such mortuaries
were the dead, or supposed dead, to be kept until decomposition plainly
appears. In addition to this, certain tests were to be made, or rather, a
certain examination was to be made, and a certificate was to be signed by
the examining physician, which would show the existence or non-exist-
ence of rigor mortis, blistering (upon the corpse being ^touched with a
hot iron), etc. Within a week after the act had been introduced, I re-
ceived a call from the representative of several of the corporations afiected ,
who, in the course of conversation which ensued, appeared to take the
ground that the action which I had taken was only intended as a highly
improved form of "strike legislation." I merely mention this as an
instance to show the spirit in which the act was received in certain quar-
ters. It has been frequently asserted that no single case has occurred in
which there has existed such a state of catalepsy as to deceive a physician.
It has also been said that in no instance has it been shown that any of the
supposed deceased persons, placed in German mortuaries, have been re-
snsdtsted. Both of these statements are undoubtedly untrue. As all of
us know, there is a member of this very Society who had been pronounced
dead and who was only revived just before burial. The recently reported
case of Baron Carve is an instance in which the body was placed in the
coffin and the coffin placed in a niche. Fortunately the supposed dead
man revived before the mason arrived to seal up the vault. As to the
second allegation, I might remark that I have been assured by both Col.
VoUnm and by Mr. Tebb, the head (though unofficially) of the English
Association finr the Prevention of Premature Burial, that there are proba-
bly a doaen individuals in Munich to-day, who have come to life in the
mortnariet of that city.
Now, while not quite prepared to abandon the projected legislation, I
must confess that there are several things which certainly appeal to me
as being mndi better in the system of M. Oimis. No doubt the question
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362 l^YCHOLOGICAL.
of expense will appeal most forcibly to our friends, the cemetery corpora-
tions. Their representative stated to me that it would cost them |i 50,000
per year, each, to comply with the terms of the act that had been intro-
duced ; but here the cost is reduced to a minimum. Mortuaries are cer-
tainly repulsive places at best, and there is undoubtedly a feeling of
sickly sentimentality, which, ridicule as we may, we cannot obviate,
which shrinks at the idea of having bodies of friends and relatives ex-
posed in a public place, for a greater or less length of time before burial ;
for in but a few instances is it probable that fomihes will avail themselves
of the permission accorded by the statute, and keep the body in their
home. In fine, it would seem that general sentiment would be mubh
stronger in favor of a means such as is suggested by M. Camis, and I, for
one, am inclined to wish him success.
Dr. Carletoti Simon said :
I do not believe that i in 200 people are buried alive. I believe this
extravagant; but possibly i in 3o,ocx> may be within the ratio of possi-
bilities. No general average can be gained by following any statistics,
for no statistics could be made or obtained upon this subject. I do not
believe that the invention of the instrument has any broad practical
value, for a few days* testing over a supposed dead body would be insuffi-
cient, as people have been known to remain in the lethargic state for
weeks and months ; and the natives of India— those &natical ascetics
who believe that by privation they gain their hesven—have been known
to be buried alive for several months. This will necessitate careful watching
over a corpse, for that period, to exclude any possibility of error. We
have fu more simple ways of diagnosing death— by the mirror, which,
held over the mouth of a live body, will become cov^ed. This latter test
is not always positive, for the temperature of the body may be below par,
and the room so darkened as not to permit a good observation. Then
there is the photographic vibration test, which is impracticable because of
its technique. There remain the reflex tendon test, and the contraction
of the pupil test, which are not always positive indications, because par-
alysis and brain diseases have to be excluded. The most positive indica-
tion of death I know of, and one followed by me whenever the necessity
has warranted it, is the division of a small artery ; for in death the circu-
lation has ceased, and its ceasing is a positive cause for the coagulation
of blood in the body, to a more or less extent Bven in this, death by
electrocution must be excluded.
To sum up, I would state that, rigor mortis having set in, and the case
meeting all of the practical tests mentioned by me, I would declare death
to be present, without resorting to other impracticable tests, such as the
spygmographic tracings, or examinati6n of hsemation in the blood.
Again, the case in doubt must meet with all the symptoms— positive,
not negative — found in lethargy, to diagnose it as such. In conclusion I
would state, I believe, not as a necessity, but to quiet all fears and any
doubt of death in an individual, that the state should enact a law necessi-
tating the signing of the death certificate by two physicians, instead of
one, which would be manifold in progressive value, not alone by pre-
Tenting crime, but error as well.
Digitized by VjOOQIC
PSYCHOLOGICAL. 863
Mr. Henry Morrison, of the Bar of New York City, said :
The snbject is one on which the speaker who now addresses yon has
felt a deep interest for some years. He has given it considerable thought
and devoted some considerable time and study to an investigation of its
existence and means of prevention, and has collected, from various
sources, literature regarding it, which he will be glad to place at the dis-
posal of the Society, if desired. Family bereavements have interfered
with a continuance of a series of investigations and efibrts planned by
him to meet this question, which he has heretofore explained to Mr.
Clark BeU, your President-elect. They may be briefly summarised, as
follows:
1. The placing of a person, with care, in an unclosed receptacle.
2. The conveyance thereof to a local repository, no less safe than a
dormitory, in case of suspended vitality.
3. The repository watched night and day by trusted employees.
4. The body to remain under observation until decomposition, in-
volving each vital organ, occurs, and then a certificate of a competent
physician to be requisite for an interment.
With those who dispute the necessity of precaution against premature
burials no contention is desirable, but quoting Descartes, who said:
"There is nothing in human afiBurs, or philosophy, but admits of an
affirmative or negative proposition," is sufficient answer not to refrain
from debate on this gruesome question. It is not necessary for us to in-
quire, in such a discussion, what percentage of our race has been buried
alive. The anguish of the human mind, which is so affected by the dread
of such a fate, concerns the living rather than the dead.
There can be little doubt that there is perhaps, and probably more than,
5 persons in every 1000 of the human &mily that are afflicted with this
awful fear of being buried prematurely. Confiessing the anguish of those
who suffisr this fear among us gives us a greater anxiety than can well be
defined, and deep interest in their behalf must be recognized, especially
by a Society like this, devoted to purposes of assuaging human anxieties.
The apparatus, presented by Mr. E. Camis, I have examined with great
interest and, I may say, with satisfaction. I admire the economy as well
as tne extreme simplicity of its construction. So &r as I am able to
judge, it seems to me to be a complete prevention against premature
burial. If it should be So generally regarded, it would be a great boon
to mankind in allaying existing apprehensions, and it would doubtless
reduoe to a minimum the dangerous consequences of those narrow es-
capes, of which we hear so firequently, on the part of careless attendants.
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EDITORIAL.
CONGRESS ON "TUBERCULOSIS AND ITS MODERN
TREATMENT.
It has been decided by the management of the Medico-Legal
Society, to devote an extraordinary session to * 'Studies on Tu-
berculosis, its Management and Modem Treatment," on the
third Wednesday of February, 1900, at a regular meeting in
this city, to open a full investigation and discussion of the
whole subject, and to invite the leading American scientists
and specialists to contribute papers, and tmite in the discussion
of this subject, and the most advanced and modem treatment
of tuberculosis.
The following questions have been decided upon to be sub-
mitted for this discussion :
ist. Special hospitals and s&nitariums, their construction
and operation.
2d. What are the most successful methods of treatment ?
3d. Individualization of certain forms of tuberculosis, its
importance and necessity.
4th. Is change of climate a necessity for successful treat-
ment?
5th. Should the use of anti-toxines in tuberculosis be om-
demned from a purely scientific point of view ?
It is proposed to announce, in the programme, the name of
one or more experts, who will submit a paper upon each of
these questions.
As a large number of the specialists are willing to take part
at the opening meeting, after the dinner at the opening ses-
sion, at 7 p. m., on the 3d Wednesday^ it is proposed to con-
tinue the Congress the next day, so as to make the discus-
sion ftiU and complete.
It is proposed not to limit the titles of papers to those stated
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EDirORIAL. 365
qtiestimis, in case an author desires to submit his views upon
any other germane subject that he prefers.
The great interest in this subject, on both sides of the Atlan-
tic, which also has been given great prominence in the Paris
Congress of 1900, will make the movement of great interest* not
only for the profession, but also the general public. Members and
others who are willing to take part are requested to immediately
write to either member ot the committee, upon which of these
questions they will submit their views prior to the first of Peb-
mary next, if possible, so that the same may be printed and
submitted to the others who are to take part, in advance of the
meeting, as is the custom in foreign countries.
The following committee has been named by the Medico-
legal Society, to act as a Committee of Arrangements for this
C<mgress, with full power, and the profession is desired to co-
operate by contributing papers and to taking part in the dis-
cussion, and to advise either member of the committee as early
as possible.
THOMAS BASSBTT KBYES, M. D.,
98 State St., Chicago, 111.
J. MOUNT BLEYER, M, D.,
460 Madison Ave., N. Y.
CLARK BELL, Esq.,
39 Broadway, N. Y.
COMPENSATION OF PHYSICIANS.
The recent case of Robinson v. Chambers, pending in the
Supreme Court of Tompkins County in this State, involved
important medico-legal questions of great public interest.
While we should not fed quite at liberty to comment upon
the merits of the action, pending the trial, for the reason that
it might in some way prejudice the case or, the rights of par-
ties to that action, we consider that the settlement of the case
removes that objection, and makes the questions at issue in
that contest^ of interest to lawyers as well as physicians.
The following letter from O. M. Congden, of the Tomp-
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366 EDITORIAL.
kins County Bar and the joint views of legal and medical gen-
men engaged, may be of interest to our readers. —
Ithaca, N. Y.. December 16, 1899.
Clark Bell, Esq., Editor Medioo-Legal Journal:
Dear Sir:— Acting upon the sugrgrestion of Dr. Paul B. Brown, of
this city, Dr. Besemer and I have prepared the enclosed article^
trusting that it will be of sufficient interest to your readers to war-
rant its publication.
The question involved is a new one, in this State especially, and
we would be pleased if you could find sufficient merit in the sugges-
tion offered, to give them a place in your columns.
Assuring you that no other reward is desired, and awaiting your
pleasure, I am Very respectfully yours,
, O. M. CONGDON.
Ithaca, N. Y., December 16, 1899.
To the Editor of tlie Medico-Legal Journal:
The settlement out of court of the case of Robinson vs. Ghamben^
noticed for trial at this term of Tompkins County Supreme Courts
removes from the arena of judicial consideration one of the most
intersting as well as most important cases which, have arisen in
some time, both to the members of the medical and legal fraterni-
ties.
Briefly stated the facts are these: The plaintiff, a practicing
physician in the country tovni of McLean, was called upon to attend
the defendant, a wealthy land owner and business man of the vicin-
ity, who was in a very critical condition. The plaintiff attended him
faithfully and effected a permanent cure of the illness from whick
he was suffering, by the use of surgery, as well as medicine, and
succeeded in saving his life. The parties, being unable to agree upon
the value of the services, the plaintiff brought suit for $10,000. It
was contended by the defense that such a sum was unreasonable
and excessive, and that the services rendered were not worth the
above mentioned sum; and it was upon this point that legal and
medical practitioners all over the State arrayed themselves upon the
respective sides of the controversy, and the writers of this article^
in the course of several conversations over the matter,decid^d to sub-
mit to the readers of the Journal, what seemed to them a just and
reasonable theory of the situation.
This theory may be summed up briefly in the following state-
ments:
First, A physician is held to the strictest degree of accountabil-
ity for his conduct toward his patients. N. Y. Penal Code, Section
200, p. 59.
Second, For wilful negligence or gross carelessness he maybe held
to respond in damages for his negligence or misconduct resulting in
death or permanent injury. Am. & Eng. Enc. of Law, Vol. XiV,pw 84^
Third, The rule of exemplary damages recoverable for death hj
wrongful act applies to such cases. Am. & Eng. Enc. of Law (2nd
Ed.) Vol. XII, (and note I for N. Y. Cases.)
Digitized by VjOOQIC
EDITORIAI^ 367
IVjurth, Th^ rule of exemplary damages in an action to recover
for death by wrongful act allows the court or jury to take into con-
sideration.
(a.) The natural expectancy of life of the deceaaed.
(b.) His financial standing and ability of amasslDg wealth which
would ultimately acme to his heirs or beneficiaries.
(c.) The value of his services iQ« the responsible head of the family
and the natural protector and educator of his children. Am. & Eng.
Enc. of Law, (2nd Ed.) Vol. VIU, p. 944.
If, then, these elements would form a basis for estimating the val-
ue of the life of the decedent cut short by the wrongful act of the
physician, it would seem that they would be the just and proper
measures of the value of that life when saved by the physician, in
the absence of an express contract for a stipulated amount.
But we do not need to stretch our theory so far, for it may be
taken, we think, that the same rule which applies to an attorney
seeking to recover compensation for professional services, may
justly be applied to a physician.
Upon this theory then, we have definite and recent decisions sup-
porting our contention.
First, It has been held that a physician had a right to show the
nature of the disease for which he had treated the patient "as such
knowledge was essential .to estimate the full value of his services.**
But the courts go still farther, and in the case of Ward vs. Kohn, 58
Fed., which was an aetion by an attorney who had actually saved to
his client a sum of over $50,000, the court said "When, on the other
hand, a client who has the means to pay, employs an attorney, it is
right and just that he should pay a fair and reasonable compensa-
tion for the services he obtains," and in the same decision the court
says that "such amount should be proportionate to the amount in-
volved." But the court goes still farther in the case of I. & G. N.
Bailway Co. vs. Clark & Dyer, 81 Texas, 48, in which it is held that
"in asc^ertaining the reasonable value of the services you will con-
sider the nature of the litigation, — ^the amount involved, and the in-
terests at stake ♦**♦*« and the benefit, if any, derived by
defendant from the litigation."
But it has been urged further that because the plaintiff in the
case, under discussion, was a practicing physician in a country
town, whose yearly income was probably far lees than the amount
sued for in this one action, he should not be entitled to recover. In
answer to this we offer the following quotation from a case in the
Supreme Court of Indiana: "in an action for services by a physi-
cian, it is wholly immaterial in determining the value of such ser-
vices what ;s or has been his average daily income from his pro-
fession ♦ ♦ ♦ ♦ ♦ ♦ Evidence aa to what price other physicians
can be procured for is incompetent."
In view of the above rules, and in the absence of any decision
upon this point in this State, we are forced to conclude that in the
absence of an express contract, the physician who savee a patient's
life when that life would have been lost but for the prompt and
Digitized by VjOOQIC
368 BDITORIAL.
efficaciotis action of the phyaician, should be entitled to recover if
compelled to resort to the courts for recompense, such a iram wm is
proportionate with the value of that life in Tiew of the facts and
circumstances above referred to. Respectfully submitted,
H. B. BESSEMER, M. D.
O. M. CONGDON, Atty.
[Note by the Editor :— Mr. O. M. Congdon, In dtine cases, as lie
does on his second and thixd points, should att his cases. Instead of cit-
ing Am. & Bug. Bnc. of Law, as he does.
That work is not authority, as many lawyers have found. It Is edited
by various writers, some exceedingly good, some indifferently bsd, and
some especially so.
Cases cited in that work are authority, and should be cited by titie sad
where reported. Much of the editing of the work is so carelessly done
as to justify the assertion that the work itself can not be relied upon as
an authority on legal questions, or in its reviews of decisions.]
THE WOMAN'S COMMITTEE AND LADY RAN-
DOLPH CHURCHILL ON THE CASE OF
MRS..MAYBRICK.
The Woman's Committee of the Medico-Legal Society ad-
dressed a letter to Lady Randolph Churchill on November 6
last, Which appears in another column of our present issue.
Lady Randolph Churchill's reply, which was delayed in
transmission, was as follows:
**35a Gt. Cumberland Place, W., Dec. 19, 1899.
Mrs. Caroline J. Taylor, Chairman Woman's Committee of tbe
Psychological Section Medioo-Legal Society.
Dear Madam: — I regret very much that I have not had time i»
answer your letter dated November 6th, as I sympathize with the
object you have in view. I have had a long talk with Mr. Choate la
the matter and I shall, do all that can be done for you.
At the same time I think I must add that the only rational waj
to set to work is to base the petition for Mrs. May brick's releasew
not upon the plea that she is innocent^ but upon the ground that
even if she is guilty, she has already suffered a sufficiently leveie
punishment.
I say this because I am certain that this is the true policy of
those who are working for her release.
Yours faithfully,
LILMAN RANDOLPH OHXTBCHILL.''
Lady Randolph's reply shows her deep sympathy with the
eflforts being made for the release of Mrs. Maybrick.
Her advice is based on her knowledge of the English sys-
tem and English officials. It is wise and good advice. It is
Digitized by VjOOQIC
BDITORIAI..
not necessary to concede the guilt of Mrs. Maybrick to fol-
low it '
When President McKinley, whose belief in the innocence
of Mrs. Maybrick is well known, asked her release of the
English Government as an act of International cc«nity, he
placed it on this same ground, and quite independent of the
question of her innocence or guilt.
It is no breach of confidence, to say that in the Memorial
address to the Home Secretary for England, by the Maybrick
Memorial Committee, great stress is laid upon the idea and
position that Lady Randolph Churchill suggests. In the
letter of the Committee of American Women, to her, the
same position is stated in very strong language, as follows:
We ask you to seize the present occasion to urge upon the Home
Seeretary for England, the release of this American lady, who, less
fortunate than yourself in her marriage with an Englishman, hfi^
since his death stoutly claimed her American citizenship, as she
has the legal right to do, under the English law, and which she
never surrenderd under the American law; who is now suffering a
terrible, cruel and long continued imprisonment, longer than any
woman has endured under the English law, as we believe,* and
longer than any English woman of a similar social position would
have suffered, if believed by the English authorities to be guilty;
who, reared as a lady, and the daughter of one of our best families
in America, in her feeble and delicate health, has maintained and
preserved the rank of a Star Prisoner by her good behavior.
It entitles Lady Randolph Churchill to the thanks and
g^titude of American women that she expresses such sym-
pathy as her letter contains for the freedom of an American
lady, now an American citizen, and of her co-operation with
the American Ambassador, Mr. Choate, in his splendid
efforts.
Lady Churchill can best aid the movement by direct
appeals to Sir Matthew White Ridley, in whose hands, under
the English system, the freedom of Mrs. Maybrick lies.
Even the Queen of England, is said by Lord Salisbury, to be
powerless to pardon in such a case, except upon his recom-
mendation. We have reason to believe that the facts of this
case are withheld from the Queen. That the under-officials of
the home office, in this case, exercise an influence upon the
Digitized by VjOOQIC
370 EDITORIAL.
Home Secretary adverse to her release, wholly iij violation of
English usages and customs, because, as Lord Salisbury has
explained to Mr. Blaine, the Secretary of State, that even a
member of the English Government would not have the
right, unsolicited by the Home Secretary, to influence that
official. )
It is a singular spectacle, that the obscure under-officials of
that department of Her Majesty's government, whose
names even arc almost unknown out of England, exercise an
influence upon the Home Secretary of England hostile to her
release greater than the Prime Minister of England, the Lord
Chief Justice, or any member of the British Government.
We have reason to believe that Mr. Choate has not in any
wise abandoned his efforts in this case. No answer has, as
yet, been received to the memorial submitted by the Memor-
ial Committee through the American Government to the
home Secretary, either by the Committee or the American
Government.
We believe that good results will follow Lady Randolph
Churchill's promised intercession.
CONGRESS OF TUBERCULOSIS.
The Committee of Arrangements of the Congress of Tuber-
culosis to be held under the auspices of the Medico-Legal
Society of New York on the third Wednesday of February,
at the Hotel St. Andrews, 72nd and Broadway, announce
that:
1. The enrolling fee for the Congress is $3.00, which
entitles the member to the published transactions of the
Congress, free, and that applications for membership and the
enrolling fee can be made or sent to any mehiber of the
Committee of Arrangements.
2. That members of either profession or laymen can enroll
as members of the Congress, whether they contribute papers
to the Congress or take part in the discussions.
Digitized by VjOOQIC
EDITORIAL. 371
3. That it is proposed to publish a Bulletin of the Con-
gress, provided sufficient contribution^ are made to defray the
expenses of its publication.
4 That a preliminary programme will be announced as
early as it is possible to do so of the papers already contrib-
uted or promised, and the names of such persons as have sig-
nified their wish to take part in the Congress, and that this
will be furnished the medical press as early as possible and
in time for the February journals, if same can be furnished by
that time, which will be subject to modificaj;ion.
THOS. BASSETT KEYES, M. D.,
92 State St., Chicago, 111.
J. MOUNT BLEYER,
/ 460 Lexington Ave., N. Y.
CLARK BELL,
' 39 Broadway, N. Y.
CRIMINAL APPEARANCE.
To the Editor of The Medico-Legal Journal:
Sir: — In Dr. Qark Bell's article on this subject he states
that he knows nothing of Mrs. Osborne. She was convicted
of stealing jewels and subsequently committingperjury in rela-
tion to them. They were stolen from a first cousin. The
former owner of the jewels was equally related to the prisoner
and to the lady from whom they were stolen. Mrs. Osborne
suffered from epileptic hysteria and was probably not respon-
sible for her actions, but after her husband had conveyed her
to a place of safety she insisted on coming back, surrendering
herself and pleading guilty Her health necessitated her re-
lease long before the expiration of the sentence, for which
the judge was blamed by the majority of the public.
I only once saw a murderer in the dock. He was a good-
looking young man, with no appearance of the criminal about
him, but he had drank himself out of his senses when he mur-
dered his wife. Truly yours,
W. H. S. MONCK.
Digitized by VjOOQIC
872 EDITORIAI^
THE FEBRUARY CONGRESS OF TUBERCULOSIS
AND ITS MODERN TREATMENT.
The interest in this Congress, February 21 and 22, 1900, at
New York City, has greatly exceeded the expectations of the
movers.
The subject is one in which all the world has now a pro-
found interest. {
A body of influential Englishmen, under the chairmanship
of the Prince of Wales, has recently organized in England for
"The Limitation and Eradication of Tuberculosis."
King Oscar, of Sweden, has headed in a princely way^
the founding of a hospital devoted exclusively to Tuber-
culosis.
The late International Congress, at Berlin, has demon-
strated the firm hold this subject now has, not only alone
upon the medical men of the world, but upon the lay mind as
well.
The preliminary announcement published elsewhere in
our columns was sent to the leading specialists of the
country.
'Among the large number of responses we find room for
one or two only.
Supervising Surgeon General Walter Wyman, of the Ma-
rine Hospital Service, writes as follows:
Weshington, D. C, December 21, 1899.
Hon. Clark Bell, Secretary Medico-Legal Society, 39 Broadway, New-
York, N. Y.:
Dear Sir:— Your letter of December 8th has been delayed in reply
because of the necessity of considering the possibility of my per-
sonally attending the meeting of the Medico-Legal Society in Feb-
ruary next. I feel confident that the duties of my office about that
time will be such as to make it impossible for me to leave Washings
ton, yet the subjects mentioned in your program are of such great
interest and so closely connected with the work of this Bureau that
I desire to be represented. I should like very much to have tha
privilege of detailing Passed Assistant Surgeon Bosenau, Marine
Hospital Service, Director of the Hygienic Labratory, to attend thia
meeting in my place. He will be able to give some account of the
Sanitarium for Tuberculosis Patients of the Marine Hospital Ser-
Digitized by VjOOQIC
SDITORLAI^ S78
vice at Fort Stanton, New Mexico, which has been recently estab-
lished and is now in operation, where this service has a reservation
of sixteen square miles. Aside from this I should be glad to have
Dr. Bosenan present at this meeting- to receive the inspiratioii and
details of information, which he undoubtedly can acquire by being
present. Respectfully,
WAI/TEB WYMAN,
Surgeon General M. H. S.
Charles Denison, M. D., of Denver, Coloraxio, a high au-
thority, to whom the invitation was sent, writes as follows :
Denver, Colorado, December 15th, 1899.
Clark Bell, Esq., 39 Broadway, New York, N. Y.:
Dear Sir: — Sitting down to consider the 5th subject you sent me
for discussion I find it is diflicuH for me to determine what parti-
cular line of argument the author had in view. I wish to take the
negative of the proposition and it is just that I should know the
specific points to be made. iKindly send me a eynoptAB of the argu-
ment to be discussed.
As to the 4th proposition I vdsh to take the affirmative side and
will base my remarks upon my argument for an ideal, climate used
in my report to 9th International Medical Congress, held in Wash-
ington, September, '87, on the '^Preferable Climate for Consump-
tion,*' which though much discussed has never been refuted. This
I have summarized and brought up to date in a late paper published
in the Journal A. M. A. May 7 and 14th, '98, on the Climate of Col-
orado for Bespiratory Diseases of which I will have reprints made
at once and a package of them sent to you for your secretary's dis-
tribution.
The 2nd and 3rd subjects are very important and I should much
like to hear their discussion. For the sake of argument I v^uld
like to deny the position, (claimed to be believed in by the mass of
Medical Men) at present held by the Bacillus of Tubercle as the
cause of Tuberculosis, and to ask, would we not reach desirable pre-
vention sooner to consider it a result rather than the cause?
Yours Very Truly,
CHAELES DENISON.
The programme will be announced later.
The invitation has been intended to be given to all those
who made a specialty of the question. It is contemplated to
have an enrolling fee and to make provision for the publica-
tion of the contributed papers in a volume that would form a
bulletin of the Congress. Authors of papers are requested to
forward copies of the same by the first day of February, to
enable the Committee of Arrangements to properly classify.
the subjects and arrange the final programme.
The session will be opened at the St Andrew's Hotel, at
Digitized by VjOOQIC
374 EDITORIAL.
dinner, on the 21st day of February, 1900, at 7 o'clock p. m.,
at the regular meeting of the Medico-Legal Society on that
day. The price of seats will be $1.00 each, exclusive of wine,
and seats will be reserved for the dinner in the order in which
the applications are received. The formal work of the Con-
gress will be opened at 9 o'clock p. m., and those unable to
attend the dinner will assemble promptly at that hour. The
preliminary officers of the Congpress will be then announced
by the committee and the evening ceremonies of the Con-
gress completed. I
All those desiring to unite with the Congpress will send
their name and address to either member of the Committee
of Arrangements, to whom information will be given on ap-
plication. <
The delay in our issue of this number enables us to furnish
the Preliminary Programme and Announcement:
C0NGRBS8 OF Tuberculosis.
Members of the Congress who wish to participate in the
opening Dinner, which will be given at 7 o'clock p. m., under
the direction of the Committee of Arrangements, at the Hotel
St. Andrews, 72d Street and Broadway, New York City, will
please notify some member of the Committee the number of
seats they require, the price of which will be $1.00 per platt,
exclusive of wine.
The Congress will be organized at 9 o'clock p« m., and mem-
bers or delegates who do not desire to unite in the dinner, will
assemble promptly at that hour.
The following preliminary programme is announced, which
is subject to modification, and the final programme will be pre-
pared for the day of the opening of the Congress :
FIRST DAY.
7 P. M.--The openhig Dinner at the Hotel St Andrews.
9 P. M.— The organization of the Congress, under the temporary offi-
cers announced by the Committee of arrangements.
a. Addresses of welcome to the members and delegates, by promi-
nent pnblic officials and the President of the Medico-Legal Society.
Digitized by VjOOQIC
EDITORIAL. 875
b. Response by the officers of the Congress of Tuberculosis in behalf ,
of the Congress.
c. The enrolling of members of the Congress.
d. Appointment of Committees of the Congress.
e. The following subjects for discussion will be submitted to the Con-
gress :
1. Special Hospitals and Sanitariums; their Construction and Oper*
ation. To be opened by Dr. J. Mount Bleyer, M, D., of New York, and
discussed by Dr. S. A. Knopf, of Ne^ York ; Dr. G. W. Van Vleck, M
D., Jackson, Mich.; Dr. B.Mather, Birmingham, Mich.; Dr. Carl von
Ruck, Asheyille, N. C; Dr. Charles Denoison, Denver, Colo.
SECOND DAY, lo A. M.
Report of Committee on Permanent Organization. Election of per-
manent officers.
2. What are the Most Successful Methods of Treatment t Discussion
opened by Prof. Thos. Bassett Keyes, M. D., Chicago, and discussed by
Dr. J. Mount Bleyer, New York ; Prof. Theo. R. E. Klebs, M. D., Chi-
cago ; Dr. Judson Deland, Philadelphia ; Dr. G. A. Evans, Brooklyn ;
Dr. John Blake White, New York ; Dr. Wm. S. GottheU, New York ;
Dr. Homer M. Thomas, Chicago ; Charles E. Quimby, M. D., New York;
Egbert Le Pevre, New York ; Thos. Marshall Field, Chicago, and others.
3. Individualization of Certain Forms of Tuberculosis; its Import-
ance and Necessity, Discussion opened by Dr. Judson Deland, of Phila-
delphia, and discussion by Charles E. Quimby, M. D., New York ; Dr.
J. Mount Bleyer, New York, and others.
4. Is Change of Qimate a Necessity for Treatment f Discussion
opened by Dr. Carl von Ruck, of Asheville, N. C., and discussion by Dr.
S. A. Knopf, New York ; Dr. G. A. Evans, Brooklyn, N. Y.; Dr. John
Blake White, New York ; Dr. John S. Robinson, Chicago ; Dr. Wm. S.
Gottheil, New York ; Dr. Charles Dennison, Denver ; Dr. Judson Deland,
Philadelphia ; Dr. W. L. Dunn, Asheville, N. C.
SECOND DAY, 2 P. M.
Continuation of original questions submitted.
5. Should 'the Use of Anti-toxines in Tuberculosis be Condemned^
from a purely Scientific /bint of View f Discussion opened by Dr.
Carl von Ruck, of Asheville, N. C, and conducted by Dr. Charles Denni-
son, Denver ; Dr. W. L. Dunn, Asheville, N. C, and others.
ADDITIONAL SUBJECTS FOR DISCUSSION.
The taVLomng additional papers are annotinced :
6. Contagiousness of Diberculosis. By E. L. Shurley , of Detroit, Mich.
7. R^ristration of Tuberculosis. By Lawrence P. Frick, M. D., of
Philadelphia.
8. A Denial of the Position (claimed to be believed in by the mass
of medical men) as at present held, that the Baccillus of Tubercle is the
CoMse^of Tuberculosis ; and to ash. Would we not Reach desirable Pre-
Digitized by VjQOSl^
876 EDITOWAL.
ventioH sooner to Consider it a Result rather than the Cause f By Chaii
Deimiaoii, M. D., of Denver, Colonda
9. A Study as to the Cause of Tuberculosis; an Important Factor as to
its Treatment. By Prof. Thomas Baasett Keyea, M. D., of Chicago.
Dr. Ctikrles Detmison, of Denver, suggests a& a theme for
discnssion :
10. What are the Histological and Biological Changes essential for
Tubercular Infection f and the Committee invite diacoasion upon it
The enroUiog fee of the Congress is $3, whicVi shotild ac-
company the ar plication for membership, and entitles the mem-
ber to the published transactiQns and to the Bulletin of the
Congress.
The Committee of Arrangements have concluded arrange-
ments with the Medico- Legal Journal to publish a Bulletin of
the Transactions of the Congress.
To defray the expenses of this publication, over and above
the enrolling fees, it has provided for speedy publication of the
papers read, and the discussions, by which authors of papers
can have their contributions printed in the Bulletin at a cost of
$1 GO per page small pica, and $1.50 per page small type, Jour-
nal page size, and each author entitled to 50 copies, £S a reprint,
free of charge, with privilege of extra reprints at cost of press-
work and paper, if ordered in advance.
The opening papers of the discussion will be forwarded in
advance of the session, to enrolled members, so far as possible,
to provide for care in the preparation of the discussion.
Members are requested to submit the copy of their papers at
once, to enable the same to be put speedily in type before the
session, if possible, and to enable the publication of the Bulletin
as early as possible.
The roll of the Congress will be kept open for the enrollment
of members to the close of the session, and is free to all mem-
bers of either prolession, and to lay members, who are requested
to forward their names as soon as possible.
Papers on additional themes than those named in this an-
nouncement, are invited, of which the title should be forwarded
as soon as possible to the Committee of arrangements; to enabk
Digitized by VjOOQIC
SDITOXIAL. 377
proper daasification to be made for the final programme, and
the MSS. of the article should be forwarded to the Committee
at the earliest moment.
The following persons have enrolled and promised to con-
tribute papers, the titles to which have not been announced to
the Committee of Arrangements :
Surgeon General Walter Wjmaix, Marine Hospital Service U. S. N.
"Washington, D. C; Egbert Le Fevre, M. D., of New York; Arthur R.
Reynolds, M. D., Health Com., Chicago, 111.; Dr. Edward E. Wells, of
Chicago, ni.; Prof. W. H. Sndduth. of Chicago, 111.; Benj. P. Lyle, M.
D., Cincinnati, Ohio.; Hubbard W. Mitchell, M. D., of New York;
Charles E. Quimby, M. D., of New York; A, E. Osborne, M. D., Snpt,
Olen Ellen, Cal.; Elmer Densmore, M. D., of Brooklyn; Dr. A. N. Bell,
Editor Sanitarian, Brooklyn, N. Y.; Dr. H. I/>ngstreet Taylor, of St.
Panl, Minn.; R. A. Goethe, M. D., Boeme, Texas; M. J. Brooks, M. D.,
Sapt, &c., Stamford, Conn.; Wm. A. Dickey, M. D., Toledo, Ohio,
Harry F. Waite, M. D., of New York; John Eisner, M. D., of Denver.
It is the desire of the Committee to invite all those who are
interested in the work of this Congress, to participate in its la-
bors, and to forward their names and title of their contributions
as early as possible.
THOS. BASSETT KEYES, M. D.,
92 State Street, Chicago, Ills.
J. MOUNT BLEYER. M. D.,
460 Lexington Avenue, New York City.
CLARK BELL, Esq. LL. D.,
39 Broadway, New York City.
Nnw York City, January 30, 1900.
THE TROPICS AND WHITE MEN.
Benjamin Kidd, in Social Evolution, has decided abso-
lutely and arbitrarily, that acclimati^tion is barred to the
white man in the tropics. He bases an argfument on the
(act, that a long process of evolution has made the dividing
line an insurmountable one for the white race. That the
tropics are sure death to the white man as a habitation, and
he is sufficiently dogmatic to state "there can hardly be
room for any important difference of opinion on this subject."
Digitized by VjOOQIC
378 BDITORIAXi.
There is a possibility that Mr. Kidd may have to go over
his figures again.
It is an interesting question to Americans now, and all of
our sources of information run against Mr. Kidd's decree of
banishment The Boers in South Africa are rather a sturdy,
robust and thriving, not to say reproducing race.
The Spaniard has certainly thrived in Cuba, and his mor-
tality is less than in Spain, and the birth rate greater.
The experiments made by the Portuguese in Guiana and
Brazil have been very successful, and against Mr. Kidd's
theory.
Indeed the Spaniard has furnished the basis of all the white
population in the tropical countries of South America and in
Mexico, since the end of the 15th century, and this race alone
would, in its experience in the southern tropics of the West-
em Hemisphere, be enough to put Mr. Kidd out of court.
The Spanish experiment in Me^cico may be characterized
in a similar way.
The experiments made by the Italian emigrants in Florida
and on the Gulf of Mexico point in the same direction.
Statistics show that the death rate of European soldiers in
Trinidad and Barbadoes is actually less than the same sol-
diers at home.
We shall have means of forming opinions as to the mortality
of our own soldiers in the tropics, in our dependenencies, in
both oceans, and the campaign in Cuba, conducted under the
most apparently unfavorable conditions, showed a loss of life
much below any prior expert estimate, made upon the sub-
ject. The probability seems to be that Mr. Kidd is entirely
mistaken in the conclusions which he has reached, and that
the revolutions of the close of the 19th century will upset his
ideas of evolution and allow white emigration from all the
world to Cuba, Puerto Rico and the Philippines.
SUPREME COURT OF PENNSYLVANIA.
Chief Justice Sterrett, of the Supreme Court of Pennsyl-
Digitized by VjOOQIC
EDITORIA-L. 379
vania, retired from the bench after a long and honorable ser-
vice on January i, 1900.
Judge Henry Green, who was the Senior Judge on the
bench, becomes Chief Justice in the place of the late Chief
Justice Sterrett.
Two new judges qualified and took their oaths on the Su-
preme Bench on January i, 1900. J. Hay Brown, who was
appointed to fill the vacancy caused by the death of Mr. Jus-
tice Williams, and S. L. Mestrezat, who was appointed to fill
the vacancy caused by the retirement of Chief Justice Sterrett.
The Bar of Philadelphia presented a portrait of the retiring
Chief Justice on the 6th of January, 1900, to the court in full
session.
Mr. David W. Sellers, on behalf of the Committee of the
Philadelphia Bar, said:
May it please the Court: I have been requested by the Bl^ of
Philadelphia to perform the pleasant function of presenting to tbs
Supreme Court this portrait of the late Chief Justice Steirrett
The even temper, sound judgment and accurate law learning,
which has been manifested by him during his long term of twenl^-
one years, has endea^d him to this Bar, and H desires to preserve
his effigy in perpetual memory — where he has administered the
justice of the law as well between citizens as between the State
and its people.
The first Chief Justice who has senred the full term under the
present constitution, and who has presided over your Court longer
than any other since the Amendment of 1850, he presents a model
for all of his successors, and I express on behalf of the donors a
hearty wish that he may enjoy his rest with dignity, and long live
to continue his usefulness as an illustrious citizen.
Chief Justice Green, on behalf of the Court, said:
The members of the Court are much gratified by the kindly and
generous act of the gentlemen who hsTc presented us with the ex*
ceUent portrait of our late honored and beloved Chief Justice. It
is received with sincere thanks and will be so placed as to be eon*
stantly seen by all who visit this room. It will be an ever present
reminder not only of the eminent legal qualities which distin-
guished his judicial career for so many years, but also of the gentle
and amiable traits which characterized his administration of the
office of Chief Justice. As a work of art, the portrait seems to be of
t>erfect execution and reflects great credit upon the artist who has
produced it. Again, we thank you for this Tery appropriate end
timely gift
Digitized by VjOOQIC
380 EDITORIAL.
PARIS INTERNATIONAL MEDICAL CONGRESS.
13TH International Congress, August 2-9, 1900.
Officers: — President, Dr. Launeloug^e, Rue Francois ist
3, Paris; Secretary, Dr. Chauffard, Rue Saint Guilliame 21,
Paris; Treasurer, Dr. Duflocq, Rue Miromesnil 64, Paris.
Executive Committee: — President, Dr. Launeloug^e;
Secretary, Dr Chauffard; Treasurer, Dr. Duflocq.
Members: — Doctors Bouchard, Bouilly, Brouardel, Dieu,
•Garret, LeDentu, Mallassez, Nocard, Raymon, Rendu and
Jloux.
Secretaries: — Doctors DeMassary and Leon Weber,
'Office of the Congress Rue del Ecele de Medicine. 21.
Organizing Committee: — President. Prof. Brouardel;
Vice Presidents, Doctors Bouchard and Marey; Secretary,
Doctor Chauffard; Treasurer, Doctor Duflocq; Secretaries,
Doctors DeMassary and Leon Weber, and a committee of
131 members, from all parts of Frapce.
The Congress will be divided into five sections:
BiOLOGiOAii Sciences: — 1. Descriptive €uid comparative Anatomy.
'2 Histology; Embryology and Teratology. 3. Phyieiology; biolog-
ical Physics and Chemistry.
MedicaI/ Sciences. — 1. General Piathology and experimental Pa-
thology. 2. Bacteriology; Panusitology. 3. Pathological Anatomy.
4. Internal Pathology. 5. Hygiene and medical Pathology of infan-
cy. 6. Therai)eutics and Pharmacology. 7. Neuropathology. 8.
Psychiatry. 9. Dermatology and Syphilography.
SiTBOiCAii Sciences. — 1. General Surgery. 2. Surgery of infancy.
3. Urinary Surgery. 4. Ophthalmology. 6. Lamygology; Rhinol-
ogy. 6. Otology. 7. Stomatology.
Obstetbios and Gynoeoologt. — 1. Obstetrics. 2. Gynaecology.
Public Medicine. — 1. Legal medicine. 2. Military medicine and
Surgery; Naval medicine; Colonial medicine.
The Foreign National Committees are as follows :
Gebicany. — ^President, Prof. Virchovr, Berlin; Secretary, Prof. Po»-
ner, Berlin.
Aboentina Republic. — ^President, Prof. Euf. Ubailles, Buenos
Ayres; Secretary-General, Prof. Greg. Araoz Alfaro, Buenos Ayres.
AusTBO-HuNQABY. — ^Aufitiian Committee. — ^President, Prof. Bd-
ouard Albert, Vienna; Secretary, Prof. A. Mosetig, Bit. von Mooi>
hof,Vienna. Bohemian Committee.— President, laroslav Hlaya^
Digitized by VjOOQIC
BDITOKIAL. S81
Pragne; Secret&iy, Priyat docent Pesina, Prague. Hungarian Com-
mittee.— President, Prof. Otto Pertlk, Budapest; Secretaries, Prof.
Alex, de Eoranyi, Gust. d*01an, Loids Nekam, Louis Tokor. Polish
Committee. — President, Prof. Ed. Korczynski, Cracow; Secretary,
Dr. Aug. Kwasnicki.
BsLOiUM. — President, Dr. Vleminckx, Brussels; Secretary, Dr. Lor-
thioir, Brussels.
(1) The order observed in the fallowing list of countries is the
same as in the French list, which latter is alphabetical.
Bbaztl. — ^Prof. Moncorvo, Rio de Janeiro.
BuLQABiA. — President, Dr. L. Zolotovitch, Sophia.
Denmabk. — President, Prof. Bloch, Copenhagen.
Spain. — President, Prof. Julian Calleja, Madrid; Secretaries, Prof.
Abdos Sanchez Herrero; Dr. Antonio Espina y Capo, Madrid.
UNirxD States. — Preeident^ Prof. Osier, Baltimore; Secretary, Dr.
Henry Barton Jacobs, 3 W. Franklin St., Baltimore, Md.
Great-Britain and Ireland. — President, Sir William Mac Cor-
mac, London; Hon. Secretaries, Dr. A. £. Garrod, Medical registrar
at St. Bartholomew's Hospital (London); Eeser, Physician to the
Freneh Hospital (London) ; D'Arcy Power M. D., Assistant Surgeon
to St. Bartholomew's Hospital.
Canada. — President, Dr. Beausoleil, Montreal.
Australia.— President, Dr. Crivelli, Melbourne.
Greece. — ^President, Prof. G. Caramitsaz, Athens; Secretary, Prof.
Catsaras, Athens.
Italy.— President, Prof. Golgi, Pavia; Secretary, Prof. Mould,
Pavia.
Japan.— President, Prof. Kitasato, Tokio.
LxTXBKBXTRG. — ^President, Paul Kogh, Luxemburg; Secretary, Dr.
Praum, Luxemburg.
Mexico. — President, Prof. Lopez, Mexico.
Holland.— President, Prof. Stokvis, Amsterdam; Secretary, Dr.
Straub, Amsterdan^
Peru.— President, Prof. Florez, Lima.
Portugal. — President, Prof. Luiz da Camara Pestana, Lisbon;
Secretary, Drs. Thomaz de Mello Breyner and Henri Mouton, Lisbon.
BouifANiA.— President, Prof. Kalindero, Bukarest; Secretary,
Prof. Marineeco, Bukarest.
Bussia.— President, Prof. Paghoutlne, St. Petersburg; Secretary,
Decent Dr. Likhatchef, St. Petersburg.
Skrtia.- President, Prof. Soubbotitch, Belgrade.
Sweden and Norway.— President, G. Betzius, Stockholm, Sweden.
President, Prof. Axel Hotet, Chrlstiania, Norway.
SVrrrzERLAND.— Secretary, Prof. Aug. Beverdin, Geneva.
Turkey. — ^President, Dr. Zambaoo Pasha, Constantinople.
Egypt. — ^President, Dr. Mahmoud Pasha Harean; Secretary, Dr.
Oed.
The Sections which most interest the Students of Forensic
Medicine are:
Digitized by VjOOQIC
382 editoriax.
Sub-division G of Class 2 — Section" of Neuroi^ogy: —
Its officers are:
CLASS 2— G. SBCnON OF NEJROLOGY.
President, Raymond; Vice Presddentfl, Brissand, Dejerine, Gras-
set, Montpellier; Pitres, Bordeanx; Secretaary, P. Marie, 3, rue Gam-
baceres, Paris; Members, Andre, Toulouse; D* Astros, MarseiUes;
Babinski, Q, Ballet; Bemheim, Nancy; Bineft, Boumevinei Jean
Charcot, Ch. Fere, Giles de la Tourette, A. Gombault; Haushalter,
Nancy; Hayem, Kllppel, Launois; Mirallie, Nantes; Parisot, Nancy,
Pierret, Lyons; Rauzier, Montpellier; Paul Richer.
1. On the centres of projection and of association in the human
brain. — ^By Flech«!g (Leipzig), Hitalgr (Halle), von Monalcow
(Zurich).
i. On the nature and canal sAtion of t6ndinoua reflexes. — lBj
Jendrassik (Budapest), C. S. Sherrington (Llverpood).
3. l^ature ^nd treatment of acute myelitis.— By von Leyden (Ber-
lili), Mdrihesco (Bukarest), CrOcq (Baruxelles).
4. Diagosis of orgimic hemipelgfia with hysteria hemiplegia.. — By
Roti (Moscow), Perrier (London).
5. On non-tabetic lesions of the posterioi" branches df th^ medulla
— ^By Bruce (EdJnbmig). Homen (Helsingr^ors).
6. On various points in -Oie study of aphaisia. — ^By IVcmbtirtiii
(Reggio), Pick (Prague).
CLASS 2 SUB-DIVISION H. SBXJTION OP PSYCHIATRY:— Prei*-
ident, Magnan; Vice Presidents, JofProy, Gilbert Ballet; Pierrel;
Lyons; and Culerre, Larochesur-Yon; Secretary, Ant. Ritti, Asile de
Charenton, Seine, Prance; Members, Bouchereau, Boumeville; Al-
bert Carrier, Lyons; Chri^an, Charenton; Doutrebente, Blols; Jules
Palbert, Ch. Pere; Pebvre, Ville-Evrard; P. Gamier, Giraud, Saint-
Yon; Madret> Montpellier; Meuriot, Motet; Parant, Toulouse; Regifl,
Bordeaux; Seglas; Taguet, Vauduse; Vallon, Jules Voisin.
1. Mental Pathology. — ^Psychoses of puberty. — ^By Ziehen (Jena);
Marro (Turin); J. Voisin (Paris).
2. Pathological Anatomy. — Pathological anatomy of idiocy. — By
G. E. Shuttleworth and Fletcher Beach (London); Mierzejewaki
(St. Petersburg); Boumeville (Paris).
3. Therapeutics. — On the confinement to bed in the treatment of
acute forms of insanity and on the modifications that it might en-
tail in the ecrtablishniuent of houses for the insane. — ^By Clemens
Neisser (Leubus); Korsakof (Moscow); Morel (Mons).
4. Legal Medicine. — Sexual perversion with obsession and the im-
pulses from the medico-legal x>oint of view. — ^By von Krafft'-Ebing
(Vienna); Morselli (Genoa); Paul Gamier (Paris).
A. SECTION OF LEGAL MEDICINE.
President, Brouardel; Vice Presidents, Beoit, E. Demange, Laoift-
sagne, Lyons; Secretary General, Motet, rue de Gharonne, 161, Paris;
Assistant Secretary, Thoinot; Members, Bordae, Budin; Ca6tiaax»
Lille; Danet; Demange, Nancy; Descoust; Guilhem, Toulouse;
Digitized by VjOOQIC
EDITORIAL. 383
Iiangier, Lefuel, Morache, Bordeaux; Ogier, Pouchet; Bochet, Sarda,
Montpellier; Socqnet, Vibert
1. Putrefaction in its relation to dodnuusia pulmonum. — 'By Des-
ooust and Bordas (Paris).
2. Ocular putrefaction as a means of determimng the tame of
^eath.— By Deeooust (Paris).
3. On the burning' bodies with criminal intention. — ^By Ogier
(Paris).
4. Accidental death by electricity. — ^By D*ArBonyal and Bordas
(Paris).
5. Medico-legal tests, and their imx>ortance in view of the acci-
dents that may happen from the habitual use of foods and drinks
Tvhose preservation is ensured through ohemdcal agents (Borax,
iBalycilic acid, formol, etc.). — By Brouardel and Pouchet (Paris).
6. Valvular lesions due to contusion of the parietes of the chest.
— ^By Castiaux (Lille), Laugier (Paris).
7. Action of the new smokeless jxxwders on the clothes and on the
skin.— By Thoinot, Vielle (Paris).
8. The illegal prac^ce of magnetism by unqualified personfl. — ^By
Gilles de la Tourette, Bocher (Paris).
B. SECTION OP MILITABY SUBGBRY AND MBDJOINE.
President^ Dujardin-Beaumetz; Vice President, Cuneo; Secretary
General, Catteau, Minister de la Guerre, Paris; Assistant Secretaries,
Dziewonski and Aivemhe.
a. SuBECTioN OP Surgery. — President, M. Chauvel, boulevard La^
tour-Maubourg, 51 bis, Paris.
1. On the lesions produced by bullets of small calibre (of 6 millim.
or under). — By Habart (Austria), Lagarde (United States).
2. On the lesions produced by projectiles in present use in artil-
lery.— By Demosthene (Roumania), Geissler (Germany).
On the rule for the immediate treatment of fractures produced by
gun-shot at the ambulance or at the field hospitaJ. — ^By Bischer
(Switzerland).
4. The sub-section desires that those doctors who have taken part
in the Colonial expeditionary wars of the last ten years should de-
scribe, from the experience of their practice, what was the treat-
ment of the wounded, and to draw some general conclusions.
b. Sub-Sbction of EpiDKifioLOGY AND Htgiene.— President, M.
Kelsch, Ecole d'application du Vol-de-Grace, Paris.
1. Ktiology and prophylaxis of typhoid fever in the army on field
service. — By Vincent (Paris).
2. Eliologj* and prophylaxis of dysentry in the army on field ser-
vice.—By Antony (Paris) and Siraonin (Paris).
3. Prophylaxis of syphilis in the army. — ^By Ferrier (Paris).
4. On extempore means of purifying the water. — ^By Lapasset
(Pari*).
c. Srii-SECTioN OF Naval Medicine: — President, Cuneo; Secre-
tary, Laugier^ Ministcre de la Marine, Paris.
1. On tropical phagedenism. — By Le Bantec (Bordeaux).
2. Care of the wounded to be given on board ship during and
Digitized by VjOOQIC
384 EDITORIAL,.
after action; Transport of the wounded. Means of transport. Urst
dressing". Emergency cases. — ^By Fontan.
3. Hospital ships in colonial expeditions. — ^By Barot.
d. Si-p-Section op Coloniks: — President^ M. Kermorgant, Minis-
tere des Colonies, a Paris.
1. Plague. Bacteriology, symptomatology, serotherapy, meas-
ures of prophylaxis and therapeutics. — ^By Simon and Tersin.
2. Tetanus in hot climates; its prophylaxis. — ^By Calmetre (Lille).
3. Etiology and prophylaxis of bilious haemog^lobinnric fever. —
By Firket (Liege), Clarac and Marc^oux.
The American Auxiliary Committee organized at the re-
quest of Prof. Brouardel, the president of the Section of Legal
Medicine under Qass five, of Public Medicine, and his asso-
ciates, the officials of this Section, is composed as follows: —
co-Legal Congress; Editor Medico-Legal Journal and President
co-Legal Congress; Editor Medico-Legal Journal and Ex-President
Medico-Legal Society of New York, Chairman.
Toiri^olovy, Prof B. Ogden Doremus, M. D., Ex-President Medico-
Legal Society of New York; Prof. W. B. McVey, of Boston, Mass^
Toxicologist, Medico-Legal Society of New York.
Menial Medicine, P. M. Wise, M. D., President State Lunacy Com-
mission, N. Y.; Daniel Clark, M. D., Superintendent Provincial
Asylum for Insane, Toronto, Ontario.
Military Surgery. Surgeon General Nicholas Senn, M. D., of
Chicago; Surgeon-General B. Harvey Reid, of Wyoming'; Major
Geo. Goodfellow, M. D., of San Francisco, Cal.
Railtcay Surgery, Chief-Surgeon W. B. Outten, M. D., of St.
Louis, Mo., of the Missouri Pacific system; Chief-Surgeon F. H.
Caldwell, of the Plant Railway system; Hon. Joseph W. Fellows,
of Manchester, N. H.; Geo. Chaffee, M. D., of the Long Island Rail-
way system, Ex-President N. Y. State Association Railway Sur-
geons; Prof. W. Xavier Sudduth, of Chicago, 111.
Psychological, Prof. J. T. Eskridge, of Denver, Col.; D. R, Wal-
lace, M. D., Ex-Sup t. State Hospital for Insane, Waco, Texas; T. D.
Crothers, M. D., Superintendent Walnut Hill Home for Inebriates,
Hartford, Conn.; James T. Searcy, M. D., Superintendent Alabama
State Hospital for Insane, Tuscaloosa, Ala.; A. E, Osborne, M D.,
Superintendent, of Glen Ellen, Cal.; Geo. W. Grover, M. D., Shef-
field, Mass., Daniel R. Brower, M. D., Chicago, HI.; J. M. Hender-
son, M. D., Central State Hospital, Petersburg, Va.; F. T. Labadie,
M. D., Assistant Secretary, 147 East 56th Street, New York City;
Wyatt Johnson, M. D., Montreal, Q., Canada.
Chemistry. Prof. Victor C. Vaughan, University Ann Arbor
Mich.; Geo. B. Miller, M. D., Ex-Chemist Medico-Legal Society of
New York, Philadelphia, Pa.
Sociology and Criminology, Moritz EUinger, Esq., of New York
City, Corresponding-Secretary Medico-Legal Society, Secretary
Digitized by VjOOQIC
EDITORIAL. 3S6
American International Medico-Leg-al Congrees and Secretary of
this Committee; Judge Abram H. Dailey, ol Brooklyn, Ex-Presi-
dent Medico-Legal Society of New York; Geo. F. Moore, Esq., Bx-
U. S. Attorney for Alabama, of Montgomery, Ala.; Rev. Phebe A.
Hanaford, of New York City.
The papers already promised are as follows :
George ChaefFe, M. D., Surgeon of Long Island Eailway, Ex-Pres-
ident New York State Association of Railway Surgeons, "The Work
of the New York State Association of Railway Surgeons."
Albert Bach, Esq., Assistant Corporation Counsel of New York
City, President Medico-Legal Society of New York, "The Rehabili-
tation of the Expert Witness."
Prof. W. Xavier Sudduth, Chairman of the Psychological Sec-
tion of the New York Medico-Legal Society, of Chicago, HI., "Per-
sonal Magnetism."
D. R. Wallace, M. D., of Waco, Texas, Ex-Superintendent State
Hospital for Insane, "La Combustion des Cadavers, Criminellee el
Pauvres."
Michael Campbell, M. D., Superintendent Lyons' View Hospital,
Knoxville, Tennessee, "The Rational Treatment by the Courts of
the Criminal Insane."
Capt. R. W. Shufeldt, U. S. Army, of Washington, D. C, "Psyco-
pathia Sexualis and Divorce."
Helen Densmore, M. D., of Brooklyn, N. Y., "The Cure of Con-
sumption at Patient's Home, Even in its Advanced Stages."
Prof. Thos. Bassett Keyes, M. D., of Chicago, HI., Editor Journal
and Review of Tuberculosis, "Should Consumption be Quar-
antined?"
George F. Moore, Esq., Ex-U. S. Attorney for Alabama, "Des
delits Resultant de la Pratique du Magnetism, par des Personnes
non Diplomees."
Clark Bell, Esq., LL. D., Honorary Member Medico-Legal Society
of France, President Medico-Leg^al Society of New York, Presi-
dent International Medico-Legal Congress, will contribute a pa-
per entitled "La Medicine Legale en Amerique en 19e Siecle."
Clark Bell, Esq., LL. D., of New York, "Railway Surgery in
America."
T. D. Crothers, M. D., Vice-President Medico-Legal Congress,
Editor Journal of Inebriety, Hartford, Conn., "Inebriate Criminals."
Montague R. Leverson, Esq., M. D., Fort Hamilton, N. Y., "The
Right of the State to Impose Any Medical Practice or Dogma Upon
its Citizens,"
Hart Vance, Esq.. of Louisville, Ky., "Universal Induction, or Vis
Harmonia."
Prof. D. R. Brower, M. D., of Chicago, "Asexualization of Degen-
erates in its Medico-Legal Relations."
"L. Enseignement de la Medicine-Legal dans, la Province do
Quebec," par le Docteurs Wyatt Johnson, M. D., et Georges T^Ue-
neuve, M. D., Montreal, Q.
Digitized by VjOOOIC
386 EDITOmAU
"Le Valeur Medico-Leg'ate de la Prcuve de Qosio," par le Doc-
teur Wyatt Johnson, M. D., de Montreal, Q.
Sophia McClelland, of N. Y., "The Criminal; His Treatment and
Cnre."
Frank Pansona Norburg, M. D., JacksonTtUe, HL, **A Medico-
Legfal Study of Psychic Disturbances."
The following have promised to contribute papers, the titles
of which should be forwarded early to Qark Bell, Esq., LL.
D., Chairman of the Auxiliary Committee, so that the same
may be sent to Prof. Brouardel and his associates in time for
a proper classification on the general programme of the Con-
gress. '
W. H, Mitchell, M. D., Ex-President of the Medico-Legal Society
of New York.
Prof. W. B. McVey, of Boston, Mass., Toxioologist of the Medi€0-
Ivegal Society.
Prof. Victor C. Vaughan, of Ann Arbor University, Mich.
Dr. J. N. Hall, of Denver, Colo.
Dr. George B. Miller, of Philadelphia, Pa.
H. Gerald Chapin, Esq., LL. B., of New York.
Carleton Simon, M. D., of New York.
Dr. Daniel Clark, Supt. Provincial Hospital for Insane, Toronto,
Ontario.
\Vm. Lee Howard, M. D., Vice Chairman Psychological Section
Medico-Legal Society, of Baltimore, Md.
Ida Traiford Bell, of New York, Trustee Medico-Legal Society.
N. W. Newcomer, M. D., of Indiana.
Surgeon -General Col. xi. Harvey R€ed,M. D.,of State of Wyoming.
Sur^reon Webb J. Kelly, M. D., of Galion, Ohio, member Ex-Com-
mittee Section Medico-Legal Surgery.
John J. Scott, M. D., Sbreveport, La.
Prof. Daniel R. Brower, M. D., CTiicago, HI.
Moritz Ellingrer, Esq., Secretary of the Anxiliary Committee.
J. Mount Bleyer, M. D., of New York City.
Judge Abraham H. Daily, of Brooklyn, N. Y.
W. S. Watson, M. D., Supt., &c., Fishkill on Hudson, N. Y.
W. B. Outten, M. D., Chief Surgeon M. P. Railway system, of St.
Louis, Mo.
Dr. Justin A. Herold, of New York.
Andrew J. Hisrchl, Esq., of the Cliicago Bar.
Bettiui-di Moise, M. D., Bacteriologist of the Medico-Legal
Society.
Frederick L. Hoffman, Esq., of Newark, N. J.
Sophia McClelland, Westchester, N. Y.
Alexander Wilder, Newark, N. J.
The papers should be completed as soon as possible and
before April i, 1900, and placed in the hands of the Chairman
Digitized by VjOOQIC
EDITORIAL. 887
of the Auxiliary Committee, or of Dr. Motet, secretary of the
Section of Legal Medicine Rue de Charoune i6i, Paris, or of
Monsieur Catleau, care of the Minister of War, Paris.
While these may be written in our language they should
be accompanied by a translation or an analysis in the French
tongue.
The September number of this Journal publishes the letter
from Prof. Brouardel and his colleagues, to which members
are referred for details.
Those members who desire to contribute to the Congress
in any of the other classes or sub-section, should address
either the Secretary General of the Congress, Dr. ChauflFard
Reu Saint Guilliaume 21, Paris, remitting $5 for membership
fee, or Dr. Wm. Oster, Chairman American National Com-
mitte, Baltimore, Md., or Dr. Henry B. Jacobs, Secretary,
3 W. Franklin St., Baltimore, Md.
Those who have promised communications, as announced
by the American Auxiliary Committee for the Section of Legal
Medicine, should at once forward the titles of their papers to
the Chairman of the Auxiliary Committee Clark Bell, Esq.,
39 Broadway, N. Y. City, or to Dr. F. T. Labadie, 146 East
56th St., N. Y. City; or M. Ellinger, Esq., Surrogate Office,
New York Citv.
THE SUPREME COURT OF THE STATES AND PRO-
VINCES OF NORTH AMERICA.
Vol. I, of this work is now in press and will shortly be pub-
lished. It contains a historical sketch of the court of each
State, with portraits and sketches of the judges and the Su-
preme Court of that State, so far as the same are now acces-
sible.
The following States, provinces and dependencies will be
embraced in this Volume:
Series i, Texas, Kansas; series two. New Jersey, Oregon;
Series three, Alabama, Georgia and New Brunswick; Series
Digitized by VjOOQIC
388
EDITORIAT^
four, Pennsylvania, Delaware; Series five, Part i, Connecti-
cut; Series five, Part 2, Rhode Island and Santiago de Cuba;
Series six. Part i, Minnesota and New Hampshire; Series six.
Part 2, Ohio; Series seven, The addenda of all the named
States to bring them up to 1900.
Vol. 2 will continue the History of the Supreme Court in
other States, which will be taken up in the order in which the
information is obtained to enable them to be completed.
Much pains and labor has been given to the preparation of
the sketches of the members of the court and to obtain au-
thentic portaits of the present bench in each State or Province
and to reproduce them.
The History of the Supreme Court has been jx-epared under
the supervision of the Chief Justice of the State or some
prominent member of the bench or bar of the State, and no
pains or expense has been spared to make the work authen-
tic and reliable. It has been issued in part in serial num-
bers, and can be obtained still in that form at the price of
$1.00 each.
The work has been edited by Clark Bell, Esq., of the Bar
of New York City.
Subscriptions to the same are requested from the bench*
and bar. The editor requests copies of portraits of members
of the bench of other States now needed for Vol. 2, in course
of preparation.
It is published by the Medico-Legal Journal, No. 39 Broad-
way, N. Y., under the supervision of the editor, to whom all
communications should be addressed.
GUNSHOT WOUNDS SELF-INFLICTED.
Dr. Charles Phelps, of New York, cites a case in New
York Medical News of a bullet of .22-calibre entering the
head one and one-half inches behind the left external angu-
lar process of the frontal bone, wound minute; no burning
of hair or skin; smoke area of two inches in diameter; powder
grains embedded in temporal muscle, but not in the skin;
Digitized by VjOOQIC
EDITORIAI-. 389
Stellate depressed fracture; bullet embedded in a fragment of
bone and lying on the dura mater, which was black with pow-
der grains, and contused, but not lacerated; depressed bone
and dura mater powder-stained in area oi one inch.
The bullet was removed and the depressed bone elevated
by use of traphine and rogeur. No general symptoms fol-
lowed. The patient admitted that, though not left-handed,
he had shot himself with the left hand to induce the belief
that his wound was homicidal. Dr. Phelps regards the case
as of medico-legal significance, and asserts that while the fact
that a right-handed person was shot in the left temple, might
seem to justify an inference that the wound was not self-in-
flicted; that this case shows a wilful case of attempted decep-
tion, though worthless from a scientific standpoint of any de-
duction from a purely hypothetical premise.
The case cited by Dr. Phelps is important as a fact in
surgical practice, which would be important where reasonable
grounds of apprehension should exist of a similar attempt to
mislead, by the use of the left hand in the infliction of the
wound by a right-handed man, and vice-versa. '
It is important also, as a powerful illustration of the danger
of theorizing on a basis hypothetical purely, where the ques-
tion is, was the death one of murder or suicide?
MEDICO-LEGAL SOCIETY OF BELGIUM.
The following officers were elected, of this body, for the
ensuing year, at the October session, (28th October), 1899.
President, Dr. Van Vyve, of Antwerp; Secretary General,
Dr. Camille Morean, of Charleroi; Assistant Secretary, Dr.
J. de Nobele, 41 Rue Kempart des Chardonniers, Ghent;
Treasurer, Dr. de Wez. The Editorial Committee of "An-
nales de la Societe de Medicine Legale de Belgique," elected
was composed as follows: Prof. Corin, of Liege; De Ber-
saques, of Ghent; Prof, de Boeck, of Brussels; Dr. Hendrix,
of Brussels, and Rauwez, of Namur.
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390 EDITORIAL
SOCIETY MEDICO-PSYCHOLOQUE, OF PARIS.
At the December session of 1899, the following officers were
elected for 1900: President, Dr. Magnan; Vice-President, Dr.
Jaffroy; Secretary General, Dr. Ritti, Assistant Secretaries,
Dr. Semelaigne and Dr. Sollier; Treasurer, M. Brunet; Li-
brarian and Architect, Dr. Boissier.
NUGGETS FROM SCHOPENHAUER.
"Style is the physiognomy of the mind, and a safer index
to character than the face."
"Truth is most beautiful undraped; and the impression it
makes is deep, in jx-oportion, as its expression has been
simple."
"Thinkers and men of genius are those who have gone
straight to the Book of Nature; it is they who have enlighten-
ed the world and carried humanity further on its way."
"The thought we read is related to the thought which
springs up in ourselves, as the fossil-impress of some prehis-
toric plant, to a plant as it buds forth in spring-time."
"If a man wants to read good books, he must make a point
of avoiding bad ones; for life is short, and time and energy
limited."
"A genius is a man in whose mind the world is presented,
as an object is presented in a mirror, but with a degree more
of clearness, and a greater distinction of outline than is at-
tained by ordinary people.''
"The doctor sees all the weakness of mankind; the lawyer
all the wickedness; the theologian all the stupidity."
"Obstinacy is the result o£ the will forcing itself into the
place of the intellect."
"Hope is the result of confusing the desire that something
will take place, with the probability that it will."
"Now and then one learns something, but one forgets all
the day long."
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«DlTORIAL. 391
NORTH CAROLINA BAR ASSOCIATION.
The bar of North Carolina organized a State Bar Associa-
tion on February loth of this year, with 157 charter members.
Its first annual meeting was held July 5th, 6th and 7th, at
Morehead City, N. C. There was an attendance of 1400 mem-
bers, and the present members reaches nearly 3000. The
President is Charles F. Warren, Esq., and the Secretary J.
Crawford Biggs, Esq., of Durham, N. C\
We wish it success commensurate with its fine opening
year.
PERSONALS.
The annual electon of the Medico-Legal Socety brings a
Tcry strong infusion of new talent into the executive commit-
tee of the Society, and the new o£Bcers for 1900 will be of
unusual strength. The new officers elected embrace, Qark
Bell, Esq., as President, who, first elected President in 1872,
of the Society, will, at the January meeting, occupy the chair
for the I2th time.
Dr. Geo L. Porter, of Bridgeport, who assumes the First
Vice-Presidency, has served once before in this position.
Dr. T. D. Crothers, of Hartford, editor of the Journal of
Inebriety, elected Second Vice-President, has never before
been in the management.
Dr. P. M. Wise, State Commissioner in Lunacy, for New
York, elected on the Board of Trustees, has never before held
office in the Society.
H. Gerald Chapin, of the Bar, is Secretary, and has never
before held office.
Howard Ellis, Thomas G. Frost, Henry Wollman, all of
the New York City Bar, take official positions for the first
time, and the Board of Officers tor 1900 will embrace a pow-
erful body of workers in medico-legal science
Mr. Clark Bell, who was elected Treasurer, resigned that
office, to take effect when his successor should be elected, and
Digitized by VjOOQIC
392 EDITORIAL.
Judge Wm. H. Francis was nominated for the position, the
election to lie over until February meeting.
Clark Bell,, Esq., has been elected an honorary member
of the State Historical Society of Kansas.
LuciEN" Brock Proctor. — ^This eminent man and legal
biographer who has been for so many years secretary of the
State Bar Association, has by reason of his advanced years re-
signed the position. Mr. Charles J. Hailles concludes an inter-
esting and able character sketch of Mr. Proctor in the Janu-
ary number of the Albany Law Journal.
M. Jules Voisin* is the President of the Paris "Societe
D'Hypnologie et de Psychologie" and Archives de Neurol-
ogie, for December, 1899, reports an interesting session of
October 17, 1899, in which Messrs. Berrillon, Paul Magnin,
Paul Farez, Felix Regnault, Lepinay and Baraduc took part.
Section" on Medico-Legal Surgery. — Mr. Clark Bell,
who had acted as chairman of that Section in 1899, on assum-
ing the presidency of the body refused to continue chairman
of this Section, Chief Surgeon Chas. K. Cole, of Helena, Mon-
tana, was elected chairman of the Section. Judge Wm. H.
Francis was re-elected treasurer and Mr. Clark Bell secretary.
Mr. C. C. Richards, of Chicago, 111., was elected into the Board
of the Section.
Psychological Section. — ^There are few changes in the
officers of this Section. Prof. W. Xavier Sudduth remained
chairman. Mr. Clark Bell secretary and treasurer. The vice
chairman and executive committee are very little changed.
Carolina J. Taylor retires from the secretaryship of the Execu-
tive Committee on account of ill health, and is succeeded by
A. Laura Joscelyn as secretary of the Executive Committee,
who has been made acting assistant secretary of the Society
in the absence of Caroline J. Taylor, who spends the winter
in Florida. The report of this committee shows a great
work in 1899.
Miss Louise Robinovitch, M. D., of New York, a grad-
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BDITORIAL. 393
4iate of the University of Philadelphia, was on the Report of
a Commission composed of Brunet Blin and Rene Semelaigne,
made an associate member of the Societe Medico-Psychologi-
cal, of Paris, at the October 30 session of that body. The com-
mission had examined a brochure she submitted to that body
cntitlM "Etude clinique des obsessions et impulsiones mor-
Wdes/'
Dr. Burr, formerly superintendent of Eastern Asylum,
Michigan, superintendent of Oak Grove Hospital, and secre-
tary of the American Medico Psychological Association, was
elected an associate member (Foreign) of the Societe Medico-
Psychological, of Paris, at the session of November 27, 1899,
on the report of a commission of Messrs. Semelaigne, Falbert
and Brunet.
R. W. Shufeldt, M. D., U. S. A., has been placed on the
Committee of Patronage of the Paris Ornithological Con-
gress of 1900. It is a well deserved compliment, as Dr.
Shufeldt is one of the ablest ornithologists in the United
States.
NECROLOGY.
Dr. Schrevens, Ex-President of the Medico-Legal So-
ciety of Belgium, died at Toumai, October 8, 1899. He was
l)om March 17, 1835, at Toumai.
He was Chief Surgeon of the Hospital at Toumai, Presi-
dent of the Medical and Provincial Commission of Hainaut,
Vice President of the Royal Medical Society of Belgium,
Corresponding Member of the Academy of Medicine. He
neas a Chevalier of the Order of Leopold and was decorated
^th the Cross of the 18 Qass.
Dr. De Wez pronounced a eulogy upon his life and career
at the session of the Belgian Society on October 28th, 1899,
of which he was one of the founders and First Vice President.
He succeeded Dr. Vleminckx in the Presidential chair of that
1)ody.
Digitized by VjOOQIC
394 KDITORIAL.
Dr. Jas. B. MbNCURE, formerly superintendent of the
Eastern State Hospital at Willaimsburgh, Va., for so many
years, died at that Hospital November lo, 1898. For many
years he was an honored active member of this Society and
took a great interest in neurological studies. He was de-
voted to his professi<m and a conscientious and earnest
worker, and his life for the greater part was devoted to the
care of the insane at that hospital.
He is succeeded there as superintendent by Dr. L. S. Foster.
The death of Paul Janet, Ex-President of the Societe
Medico-Psychological, was annauttced at the October session
of that body by the President, Dr. M. J. Voisin.
PROFESSOR Eugene Azam was bom at Bordeaux in 182^
and held a high position in France. He was a prolific writtf^
on his specialty, which was experimental psychology.
His death is announced, with detailed description of his
works, in January number, 1900, of Aitnals Medico Psychoid^
gique.
Digitized by VjOOQIC.
TRANSACTIONS.
MEDICO' LEGAL SOCIETY.
OCrrOBER MEBTIKG, 18W
The Medico-Legal Society met October 18, 1899, at Hotel 8t. An-
drew's at dinner, at 7 p. m. After dinner the Society organized,
President Albert Bach in the chair. Clark Bell, Esq., Secretary.
The minntes of the meeting of June 21, 1899, were read as pub-
lished in advance sheets of the Journal, and on motion were duly
approved.
The following were duly elected on recommendation of the Eaceo-
ntiTe Committee:
Active Members.— Proposed by Clark Bell, Esq.: P. Stanley
Hogg, M. D., 102 Palace Gardens Terrace, Kensington, London W.,
England; D. W. MacFarland, M. D., Greenwich, Conn.; Leslie J.
Meacham. Esq., 313 3d Ave., N. Y. City; Prof. Baymond del Cas-
tro, Havana, Cuba; M. fl. MolUbben, M. D., Cincinnati, Ohio; Thom-
as E. Stack, M. D., Holbrook, Web.; Hart Vance, Esq., 131 East
Breckenridge St., Louisville, Ky.; J. J. Kindred, M. D.. Kivercrest>
Astoria, N. Y.; Hon. W. P. Letchworth, Portageville, N. Y.; P. B.
Ruland« M. D., Newport, Conn. Proposed by Albert Bach^sq.; How-
ard Ellis, Efeq., 29 Park Row, New York. Proposed by Howard El-
lis, Esq., Chas. M. Ellis, Esq., Pres. Med. State Med. Soc., Elkton,Md.
CoBRESPONDiNO MEMBERS. — Proposcd by Clark Bell, Esq.: Hon.
Isaao N. Blodgett, Chief Justice Supreme Court of New Hampshire;
Hon. Robert J. Peaslee, Hon. William Martin Chase, Hon. Robert M.
Wallace, Hon. Prank N. Parsons, Hon. John B. Young, and Hon.
Robert D. Pike, Associate Justices of the Supreme Court of New
Hampshire; Hon. Charles M. Start, Chief Justice of the Supreme
Court of Minnesota; Hon. Daniel Buck, Hon. Lorin W. Collins, Hon.
William Mitchell, and Hon. lliomas Canty, Associate Justices of the
Supreme Court of Minnesota.
The following paper was then read: 'The Dreyfus Case,** by
Howard Ellis, Esq., of New York.
This xMiper was discussed by Clark Bell, Esq., H. Gerald Chapin,
Rsq., Judge A. H. Dalley and others.
A p^er by Dr. T. Crothers, of Hartford, Conn., entitled "A Bi^-
clM>k)gical Study of Jurors," was read.
Memorial exercises were then held.
Mr. Bell spoke of the life and career of S. B. W. McLeod, and enlo-
giume of his life were given by Judge Dailey, Albert Bach, Dr.
Geo. W. Grover and others.
The life and labors of Judge A. L. Palmer was then introduced by
^ Clark BeU, who paid a high tritmte to him and also to l>r. Nor-
man Kerr. A memento to Dr. Kerr was presented and read by Dr.
T. D. Crothers, of Hartford, Conn.
^- Bell spoke of the losi^ ^ §P£?rfcy 1"^ «wrtalned by the d^Kth
Digitized by VjOOQIC
896 TRANSACTIOMS.
of Mr. Hull Fanton, Judge Chaa. P. Daly and the other men named
\d. the notice, and spoke feelingly of the departed.
(Mr. Albert Bach paid a high tribute of praiae to Judge A. L. Pal-
mer, and to Ez-Preaident S. B. W. McLeod.
Judge A. H. Dailey paid a high tribute to the memory of Ez-
President 8. B. W. McLeod, and Judge A. L. Palmer, of New Bruns-
wick.
The Society adjourned.
CLABK BELL, Secretary.
ALBElErr BAGH, President.
CAROLINE J. TAYLOB, Asst. SecreUu^
NOVBMBJSK MEETING, 1899.
The Society met at dinner, November 15, 1899, at the Hotel St.
Andrews, in joint session with the section of Medico Legal Surgery.
Aiiet the cloth was removed, the Society was organized, tbe
President, Albert Bach, Esq., in the chair, Clark Bell, Secretary.
The minutes of the October meeting were read and approved.
The following were elected members of the Society on recommen-
dation of the Executive Committee:
AcnvB Members: — Proposed by Clark Bell, Esq.: P. M. Wise, M.
D., Chairman State Lunacy Commission, No. 1 Madison Ave., New
York; Bobert P. Woodard, Esq., Counsellor at Law, Chattanooga,
Tenn.; G. M. Bell, M. D., Surgeon C. C. C. & St. L. Ry., Benton Har-
bor, Mich.; T. D. Crothers, M. D., Editor Journal of Inebriety,
Hartford, Conn.; Prof. M. A. Marois, M. D., Prof. Med. Jurispru-
denee, 51 Bue St. Louis, Quebec, Canada..
CoBRBSPONBiNG Mbmbbrs: — Proposed by Clark Bell, Esq.: Hon.
Jotleph P. Bradbury, Chief Justice of the Supreme Court of Ohio;
Hon. William T. Spear, Hon. Marshall J. Williams, Hon. Jacob F.
Burket, Associate Justices of the Supreme Court of Ohio; and Hon.
John A. Shauck, and Hon. Franklin J. Dickman, Ex- Associate Jus-
tices of the Supreme Court of Ohio; Hon. John A. Lovely, Supreme
Court Justice-Elect of 3t Paul, Minn.; Hon. Charles L. Lewis, Jus-
tice-Elect of the Supreme Court, Duluth, Minn.; Hon. C L. Brown,
Justice-Elect of the Supreme Court, Morris, Minn.
Nominations for officers to be voted for at the Annual Meeting
for the ensuing year were then made as follows:
CtARK bell, Esq.. of New York.
ni Viet^FttsiOeni, Mtf Vie^-Frmiitni,
OBO* L. IPORTBR, M. D.. of Conn. T. MOUNT BLBYBR, M. D., of N, Y.
TUDOB CHARLES O. GARRISON, of N. J. T. D. CROTHERS. M. D., of Conn.
JUDOB P. B. TILLINOHA3T. of R. L TU]>OB A. L. EMERY, of Maine.
CRAifCBLLOK JOHN R. NICHOLSON, of Del
yie0-l^€ndents ftr Uu SiaUs, Territorus and Provinces,
Alabftma— JndgcThos.W.Colenuin«Montgoniefy. Dl«t. of Colnmbia— Irving C. Rone, M. D.,Waih.
Alaska— Clarence Thwinr, M. D.. Sitka. Dom of Canada— Hon. A. 6. Blair. Ottawa.
Ariaona— D. M. Purman, M. D., Phoenix. England— WUliam L. Orange. M. D., London.^
Afkanaa^-^H. C. IhsSavant, M. D., 0«»ola. Ecoador-Senor J. M. P. Cammano, Waab. D. C
AttrtTla— Prof. R. Kraflt-Ebing. Vienna. Florida— N. de vT Howard, M. D.. Sanford.
Belglnm— t>r. tnlea Morel, Mons. France— Victor Parent, M. D., Tonlooae.
Bruril— Prof. Nina Rodrignea. M. D.. Bahia. Georgia— Richard J. Nonn, M. D., Savannah.
California— A. ^ Oabome, M. D., Glen BUen. Germany— Dr. H. Laehr, Berlin.
Colorado— prof. T. T. BtkrIdR, DeaTer. Guatemala— Seuor Rafael Montufar.
Connecticnft— Tttdge A.M.Tallniadge, Bridgeport. Hawai— J. W. wanghop M. D., Koloa.
China— Hatold Bnmett, Biq.. Shanghai. Hayti.— Genl. T. A. Bordca, Jeremie.
Cvba— Cliifcf jostkc Ho^Tarria, of Santiago. Holland— Dr. P. A. H. Sueena, Vocht
Connecticnt— Ti^geA.M.Tairniadge, Bridgeport. Hawai— J. W. wanghop M. D.. Koloa.
,^||fcf JOStlCL » ^. „^ _ .„ , ,«w.«
Dakota, N.— O. W. Ardii&id,']kE*D.' Jamettown. HnngBi7--^Vaat»rnwairEm.V.HaTaii^B^
Dakota, 8.— John M. Haroourt, Steeie. niinoia— J. E. Owena, M. D., Chicaga
Dclawan— Jadge Ignatlvs C. Gmbb, Wilm*ft*n« India— P. S. Sivaswamy Aiyar. Madraa.
Pemoatlt-mi! Oo<kkett, CQ|^^ii^%|t». Jadians-W. B. Fletcher, it D., Indianapoliit
Digitized by VjOOQIC
TRA1I8ACTION8. 397
T€iiHw/^L H. BaUer, li. D., Deztcr. Ohio— Judge H. C. White. OereUnd.
*~»]iieM.Oo *' ' '"' * ' ' ' ~
low Tenaie M. Oowea, M. D., DaTenport. OklahomaTer.— A. H. Simonton, li. D.,01da.C7.
Irclaiia— Conolly Nomum, li. D., Dttblin. Ontario— Daniel Clailc, M. D., Toronto.
Italy— Bttrico Perri. li. D., Rome. OreKon—Bx-Chief Tnst. Hon. Wm.P.I/>rd, Saleat.
topan— Dr. T. HaaMinoto, Tokic Pennsylvania— Geo. B. Miller, M. D., of Pbila.
Kanwa Judge Albert H. Horton, Topeka Pern— Senor P. C C Zeicarro, Washington. D. C.
KeatiKky— F. R. Clark, M. D., I«ezington. Portugal— Bettincoort Rodrignes, M. D., Usboa.
• — '-• 1-^ J. aoott, M. D., Shreveport. Quebec— WyaU Johnson, M. D., Montreal.
fudge U A. Bmenr, Hllswotth. Rhode Island— Judge P. B. Tiliinghast, Prorid'e
I— D, Young, li. D., Selkirk. Russia— Prof. Dr. BCienejewskl. St. Petersburgh.
Malae— Ji
Maryland— Wm. I«ee Howard, M. D., Baltimore. San Domingo— A. Wei Yos Gil, San Domingo.
MMsadHMetts Thea H. Tjrndale, Boston. Saxony- Judge de Alinge, Oberko«aon Hot
Mexko— LMB I^ewla^ M. D.. Osuluama. Scotland— W.W. Ireland, Preston Pans,BdiAb>K
"*^' ^' reace A. Ui^tner, Detroit Servia— Hon. Paul Savitch, Belgrade.
_ . K. Bartlett, M. D., Minneapolis. Sicily— Prof. Dr. Fernando PugTia, Messina.
-W. B. Otttten, M. D., St. Louis. Silesia— H. Kornfeld. M. D.. Grotkau.
Momaaa— C K. Gote, M. D.. Helena. South Carolina— S. W. Babcock, M. D., Columbia.
Kebraika— Boa. John M. Thurston, Omaha. Spain— Sig. A. M. Alv. Taladris, M.D^ Valladoild.
Hcvada— 8. H. Bbhop, M. D., Reno. Sweden— Prof. Dr. A. Winroth, I^und.
New Bmnswidk^tloa. C B. Weldan, St. Johns. Switzerland— Prof. Dr. h. Wille, Basle.
Newibundland— Dr. K. IX McKensie, St. Johna^ Tennessee— Michael Campbell, M. D.,NashTlUe.
New Hampshire— Gran. P. Conn, M.I>.,Concord. Texas— Dr. D. R. Wallace, Terrell.
9ew Jersey— Judge C G. Garrison, Camden. Tonga— Dr. Dona d McClennen. Tonga.
New Mcxloo— Gov. Bradford I«. Prince,SanU Fa. Utah— Frederick CUfll, M. D.. St. George.
New Sooth Wales George A. Tucker, M. D. Vermont— Prof. A. P. Grinnell. Burlington.
New York- Mrs. M. I/nSse Thomas, N. Y. City. Virginia— William F. Drewry, Petersburg.
New Zealand— Prof. Frank G. Ogston, Dunedin. Washington— Jss. C. Waugh, M. D., Mt. Vernon.
North CaroUaa— B. C Smith, Bsq., Raleigh. West Virginia— P. M. Hood, M. D., Weston.
Norway— Dr. Harold SmedaL Christiana. Wisconsin— Dr. U. O. B. Wingate, Milwaukee.
Nowa Scotia— Hon. Wm. & Fielding, OtUwa. Wyoming^R. Harvey Reed, M. D., Rock Springs
Stcrgtmry^ Corresponding Secretary^ Assistant Secretary^
H. OBRAU> CHAPIN. Bsq., MORITZ BLI.1NG8R. Bsq.. CAROLINB J. TAYI.OR
of K. Y. of N. Y. of Conn.
AAslflfiM, TVtasurer^ Chemist^
V. B. DOWNS, H. D., CLARK BBLL. Fsq., Prop. C. A. DORBMUS, M. D.
of Conn. of New York City. of N. Y.
Curmtor, Toxicologisl,
J. MOUNT BLBYBR, M. D., New York. Prof. W. B. McVBY, of Boston.
Librarian Assistant Librarian^
HOWARD BLUS. BSQ.. THOS. G. FROST, BSQ.,
Of New York City. of New York City.
fia(fffioie$ itt, Microtcopist,
O. BBTTINI DI MOI8B, M. D., of N. Y. Prof. MOSBS C. WHITB, M. D., ot New Haven, Ooa».
TRUSTEES:
Ligal, Medical^
IDA TRAFFORD BBLL, of N. Y. P. M. WISB, M. D., of N. Y.
COUNSELLORS,
For 3 years.
, Lu[aL MtdieaL
BBNRY WOLLMAN. Bki, of N. Y. T. D. CROTHBR8, M. D., of Conn.
PERMANENT COhf MISSION :
For 3 years.
« ^» ^"^f*^ Modicaly
nMm. CHA8. O. GARRISON, of N. J. VICTOR C. VAUG HAN, Esq. . of Midi.
The chairman of the Executive Committee reported that the
Woman*« Committee of the Psychological Section of the Society
had submitted to the Executive Committee a copy of a letter to
Lady Randolph Churchill, of London, in responee to her appeal to
American women for aid for a hospital ship for the wounded sol-
diers in the war in South Africa between England and the Boers,
which has been forwarded by the Committee to her. The letter is
as follows:
Nbw York, November 6th, 1899.
Ladt Randoi^h Cburchiix,
Honored Madam : —-Thit undersized Woman's Committee of the
Plychological Section of the Medico-Legal Society note with pride and
pjcstiire your praiseworthy efforts, to furnish and despatch a Hospital
Skip for the relief of the wounded soldiers and sailors of the Nation, of
whIdiToa have become a citizen, by your marriage to a subject of the
BogHHi throne; and we have heard your appeal to the women of the
oowitiy of yonr Wrth, to aid you in a work of philanthropy and cbazity
Digitized by VjOOQIC
398 tnAinACnoKS.
for the benefit of the loldieni and tailort of the conntnr of your adoptkm,
in the nnfortunate war now going on in the Sonth African Republic.
We beg to remind you that there is now an American lady langniahine
in an Bngliah prison, who is nniverMlly beliered by her conntrymen and
conntrymmen, to be entirely innocent of the crime with which she is
charged ; who was sentenced to death ; whose sentence wss commuted*
on the advice of the Judge who tried her, by the English Home Sec*
retary, on the ground that a doubt existed ss to whether the death of
her husband was caused by, or due to» arsenic ; and who has, as we beliere.
sufiered an unjust imprisonment for more than ten years. That this is
despite the petitions and appeals of thousands of her countrymen and
countrywomen ; of the strong and urgent appeal of the Lord Chief Justice
of England, who believed her innocent ; of the personal urgent appeal of
Predoent Benjamin Harrison and the members of his Camnet ; of the
strong letters of the wife of the President, and the views of the Ataericsn
Cabinet Biinisters, appealing to the Qneen of England in her behalf; all
of whom urged her r^ease, because they believed her to be innocent ; and
whom the Hon. William McKinley, President of the United State*, with
a firm conviction of her innocence, hss asked for her release from the
English Government, as an act of International comity, between two great
nations, whose people are now anxious to see a strong feeling of amity
cemented between these nations of a common blood and origin.
We ask you to seize the present occasion to urge upon the Home Sec-
retary for England, the release of this American lady, who, less fortunate
than yourself in her marriage with an Englishman, has since his death
stoutly claimed her American citizenship, as she has the legal right to do,
under the English law, ahd which she never surrendered under the
American law ; who is now suffering a terrible, cruel and long continued
imprisonment, longer than any woman has endured under the English
law, as we believe, and longer than any English woman of a similar
social position would have sufiered, if believed by the English authorities
to be guilty ; who, reared as a lady, and the daughter of one of our best
families in America, in her feeble and delicate health, has maintained and
preserved the rank of a Star Prisoner by ber good behavior.
We urge upon you to explain to the English Home Secretary that his
refusal to recommend Florence E. May brick to the clemency of the
Queen of England, now so earnestly desired by the American President
and people : so stoutly and constantly urged by the American Ambassa^
dor, Hon. Joseph H Choate ; is not only a source of constant irritation
to onr people in America, but that it disturbs and prevents that sincere
friendsnip. which has been made more necessary by the progress of recent
events, involving the interests of both countries, growing out of the
recent war between America and Spain, and the present conflict in South
Africa ; and that it also stands in the way of our cooperation with you in
your humane endeavors, because of a feeling of just resentment and ex-
treme annoyance at the continuance of a punishment, against an Amer^
ican citizen, whom we believe innocent of the ofience for which she hss
been tried, that is more terrible and severe to en^lure than was that of
Dreyfus.
Aid us, dear Lady Churchill, in securing the release of this innocent
lady, and we will pledge the women of America to double the effort yon
are now making for the wounded in Sonth Africa.
We remain.
Very faithfully, yours
CAROLINE J. TAYLOR, Chairman,
M. LouisB Thomas, The Countbss Bsttini di Moiss,
PlX>RBNCB DaNGBRPIBI,D POTTBR, ROSAUB DaIUCY,
Phbbb a. Hanapord, Ida Trafpord Bbix,
Sophia McCi,bi«]:«aicd, Antoinbttb Brown Bi^ckwsix,
C. Van D. Chbnowbth,
Composing the Woman's Committee of the Psychological
Section of the Medico-Legal Society of New York.
The action waa, on motion, approved.
Digitized by VjOOQIC
TRANSACTIONS. 399
The Chairman of the Executive Committee reported that the
following resolution had been adopted by the Executive Committiee:
•'Resolved, That the eveningr of the 3rd Wednesday of February,
1900, and the succeeding day, be devoted to a discussion of Tuber-
culosis and its Modern Treatment,' and that expert scientists
thioughout the United States be Invited to take part in this Con-
gress; and that Prof. Thos. Bassett Keye8,M.D.,of Qiicago; J. Mount
Bleyer, M. D., of New York, and Clark Bell, Esq., of New York, be
named as a special committee to take the subject and the proposed
meeting in charge, with power."
The action of the committee was ratified.
The Secretary reported that a plan of the meeting had been form-
ulated, and a series of questions for discussion had met the ap-
proval of the Select Committee, which would be submitted shortly
to members and scientists in the form of a preliminary programme
of the proposed Congress in February, 1900.
The Society adjourned, and the Section on Medico-Legal Surgery
organized.
ALBERT BACH, President.
CLARK BELL, Secretary.
ANNUAL MEETING, DECEMBER, 1899.
Society met at dinner at the Uotel St. Andrews, December 20,
1899. In the absence of the President and both Vice Presidents,
Hon. Jacob F. Miller, Ex-President, was called to the chair, Clark
Bell acting as Secretary.
The following were named as tellers for the annual election:
Tliomns Gold Frost, Esq., Ida Trafford Bell and J. Stanton Wilcox,
M. D., to whom the Assistant Secretary delivered the ballots that
had been sen t to her, and the polls were opened.
The minutes of the November meeting were read by the Secre-
tary and on motion approved.
The follovdng, on recommendation of the Executive Committee,
were elected to membership:
AcnvB Membebs: — ^Proposed by Clark Bell, Esq.: Dr. Haley
Hutrted Bell, of Atlanta, Georgia; Judge Jesse Arthur, Professor of
Medical Jurisprudence, Battle Creek, Michigan; Professor X. La
Motte Sage, A. M., Ph. D., LL. D., 39 State St., Rochester, N. Y.;
Thomse F. Adkin, Esq., Vice President N. Y. Institute of Sdenoe^
39 State St., Rochester, N. Y.
CoBBESPONDiNO Mem BEBS; —-Proposed by Clark Bell, Esq.: Giles
WiUiam Van Vleck. M. D., Ph. D., LL. D., 708 Detroit Street; Jack-
son, IkCichigan; Dr. Wm. C. Krauss, Pres. Am. M3c. Soc, 371 Delar
ware Avenue, Buffalo, New York; E. Mather, M. D., Ph. D^ Supt.
Sanitarium, Birmingham, Mich.
The following i>apers were then read:
Paper by W. H. S. Monck, Esq., of Dublin, on "Corporal Ponish-
ment for Crime,** read by the Secretary.
Paper by R. €. Richaxds, Esq., General Claim Agent Chic. & N. W.
B. R., ''Physical Fitness of Railway Employees," read by H. Gerald
Chapln,BBq.
l^^>er by Dr. Joseph White, of Richmond, Va., on same subject as
^i^^ved by oculist and aurist, read by H. Gerald Chaphi, Esq.
I'ftper by Hon. L. L. Gilbert, Assistant Counsel Pft. H. B^ Fitt»*
Digitized by VjOOQIC
400
TRANSACTIONS.
burg, Pa., on same subject aa viewed from a medioo-legal stand-
point, read by Clark Bell, Esq.
"Prevention of Premature Burial." by E. Camis, Esq., of Paris*
was read by Mr. Durand.
The papers by R. C. Richards, Esq., Dr. White and Mr. Gilbert
were discussed by Henry Wollman, Esq., Thomas G. Frost, Esq.,
Carleton Simon, M. D., Clark Bell, Esq., Dr. Huddleton, Secretary
Section of Medicine, Academy of Medicine, and J. Mount Bleyer,
M. D.
The paper on "Premature Burial" was discussed by Dr. Carieton
Simon, M. D., Henry Morrison, Esq., Clark Bell, Esq. and H. Gerald
Chapin, Esq.
The tellers reported no choice for the office of Second Vice Pres-
ident. Dr. Crothers and Dr. Bleyer were the two leadingr candi-
dates. On a second ballot Dr. Crothers was elected. The following
oflRcers were then declared elected:
CI«ARK BBI.L, BSQ., of New York.
tst Victi-Ptendent, 2nd Vice-FreHdtmt,
OBO. L. PORTER. M. D., of Conn. T. D. CROTHERS, M. D., of Conn.
Viee-i*r€sidenU for Vu States^ Territories and Provinces,
Alabama— JudgeThos. W.Coleman, Montgomery.
Alaska— Clarence Thwing, M. D.. Sitka.
Ariaona— D. M. Purman. M. D., Phoenix.
Ai^aniai H. C. Dunavant, M. D., Osceola.
Austria— Prof. R. Krafft-Bbing, Vienna.
Belfrintn— Dr. Jules Morel, Mons.
Brazil- Prof. Nina Rodrigues, M. D., Bahia.
California— A. B. Osborne, M. D., Glen Ellen.
Colorado— Prof. T. T. BskridKe, Denver.
Coftoecticut— Judge A.M.Tallmadge, Bridgeport.
China— Harola Browett, Esq., Shancrhai.
Cuba— Chief Justisc Hechavarria. of Santiago.
DakoU, N.— O. W. Archibald. M. D.. Jamestown.
Dakota, 8.— John M. Harcourt, Steele.
Delaware— fudge Ignatius C. Orubb, Wilm'gt'n.
Denmark— Prof. Godeken, Copenhagen.
Dlst. of Columbia— Irving C. Roese, M. D.,Wash.
Dom of Canada— Hon. A. G. Blair, Ottawa.
Bnglsnd— William L. Orange. M. D., London.
Ecuador— Senor J. M. P. Cammano, Wash. D. C.
Vlorida— N. de V. Howard, M. D., Sanford.
France— Victor Parent, M. D., Toulouse.
Georgia— Richard J. Nunn, M. D., Savannah.
Germany— Dr. H. Laehr, Berlin.
Guatemala— Senor Rafael Montufar.
Hawai— T. W. Waughop M. D., Koloa.
HaytL— Genl. J. A. Bordes, Jeremie.
Holland- Dr. P. A. H. Sueens, Vucht.
Hungary— Staatsanwalt Bm. V. Havas,BudaPest h
Illinois— J. B. Owens, M. D., Chicago.
India— P, 8. Sivaswamy Alyar, Madras.
Indiana— W. B. Fletcher, M. D., Indianapolis.
Indian Territoty— I. H. Bailey, M. D., Dexter.
Iowa— Jennie M. Cowen, M. Dy Davenport.
Ireland— Conolly Norman, M. D., Dublin.
lUly— Enrico Perrl. M. D., Rome.
Japan— Dr. J. Hashimoto, Tokio.
lUnsas— Judge Albert H. Horton, Topeka
Kentuck3r-^P. H. Clark, M. D.. Lexington.
U>uidana— I. J. Scott, M. D.,_8hreveTOrt.
iroith.
Minnesota— C. K. Bart!ett, M. D., Minneapolis.
Missouri— W. B Outten. M. D.. St Lonls.
Montana— C. K. Cole, M. D.. Helena.
Nebraska— Hon. John M. Thurston, Omaha.
Nevada— S. M. Bishop, M. D.. Reno.
New Brunswick— Hon. C. B. Weldau, St, Johns.
Newfoundland— Dr. K. D. McKensie. St. Joho&
New Hampshire— Cran. P. Conn, M.D.,Concord.
New Jersey— Judge C G. Garrison, Camden.
New Mexico— Gov. Bradford L. Prince,8anta Fa.
New South Walea-George A. Tucker, M. D.
New York— Mrs. M. Loulae Thomaa. N. Y. CHy.
New Zealand— Prof. Prank G. Ogaton, Dnnedla.-
North CaroUna— B. C Smith, ^., Raleigh.
Norway— Dr. Harold SmedaL Christiana.
Nova Scotia— Hon. Wm. S. Fielding. Ottawa.
Ohio— Jhdge H. C. White, aeveland-
Oklahoma Ter.— A. H. Simonton, M. D.,Okla.Cy.
Ontario— Daniel Clark, M. D., Toronto.
OreRon— Ex-Chief Just Hon. Wm.P.Lord, Salem.
Pennsylvania— Geo. B. Miller, M. D.. o« Phila,
Peru— Senor F. C. C Zegarro, Waahiogton. D. C.
Portugal— Bettincourt Rodrigues, M. D., Lisbon.
Quebec— Wyatt Johnson, M. D.. Montreal.
Rhode Island-Judge P. B. Tillinghast, Provld*e
Russia— Prof. Dr.MiersejewtfkL St. Petersburg
San Domingo— A. Wei Yos Gil, San Domingo.
Saxony— Judge de Alinse, Oberkotaon HoC
Scotland— W.W. Ireland, Preston Pans,Bdi&b*K
Servia— Hon. Paul Savitch, Belgrade.
Sicily— Prof. Dr. Fernando Pnglla, Messina.
Silesia— H. Kornfeld. M. D.. Grotkau.
South CaroUna— S. W. Babcock, M. D., Columbia.
Spain— Sig. A. M. Alv. Taladris, M.D., VaUadoUd.
Sweden— Prof. Dr. A. Winroth, Lund.
Switxerland- Prof. Dr. L. WUle, Baale.
Tennessee— Michael Campbell, M. D.,Nashvaie.
Texas— Dr. D. R. Wallace, Terrell,
Tonga— Dr. Donald McClennen. Tonga.
Utah— Frederick Clifll, M. D., St George
Vermont— Prof. A. P. Grinnelt Burlington.
Virginia-William r - -
Washington— J "
West Virglnia-
tfroi. A. r. unnneii. unrungvon.
William F. Drewry, Peiersburg.
n— Jas. C Waugh, M. D.. Mt Vei
aia— F. M. Ho% M. D., Weston.
-Judge L. A. Emery, Ellswoi.
Manitoba— D. Young, M. D., Selkirk.
Maryland— Wm. Lee Howard, M. D., Baltimore.
Massachusetts— Theo. H. Tyndale. Boston.
Mexico— Leon Lewis, M. D., Oiuluaraa.
Michigan— Clarence A. Lightncr, Detroit
Secretttry^ Corresponding Secretary^
H. GERALD CHAPIN, Esq., MORITfBLUNGBR. Bsq.. CAROLINE .
ofN. Y. ofN. Y. of Conn.
^ihologist, Treasurer. Chemiett
F. B. DOWN*, Ml D., of Conn. CLARK BELL. Esq., ofN. V. FaOF. C A.DORBMU8*M. D.of K,T.
Wlsoonrin— Dr. U. O. B. Wi'ngate, Mttwaakce.
Wyomlng^R. Harvey Rsed, M. D., Rock Springs
AssisUnt Seeret^y^
J. TAifLOR.
Digitized by VjOOQIC
TRANSACTIONS. 401
Curmlor, Toxieologtst^
J. MOUNT BI«BYBR, M. D., New York. Prof. W. B. McVKY, of Boston. '
Li^rurian. Assistant Librarian.
HOWARD BI*U8, H«Q.. of N. Y. THOS. G. FROST, ESQ., of N. Y.
G. BETTINI DI MOIgRrM. D., of N. Y. PaoF. MOSES C. WHITE, M. D.. <3 New HaTen, Coa».
TRUSTEES:
l^al, Medical^
IDA TRAPPORDBEI^L, of N. Y. P. M. WISE, M. D., of N. Y.
JUl>OB A. J. DITTENHCEFER, of N. Y. G. STANLEY HEFFT. M. D.. of Conn.
J AS. U BENNETT. Esq . of N. Y. SOPHIA McCLELI«AND, ot N. Y.
COUNSELLORS,
For 3 years.
Lu[aU Medical,
HENKY WOLLMAN. Esq , of N. Y. T. D. CROTHERS, M. D., of Conn.
FRED. E. CRANK. Erq.. of Hrooklyn. CARLRTON SIMON, M D.. of N. Y.
R. I,. PRITCHARD, M. D.. of N. Y. GEO. CHAFFEE, M. D., of Brooklyn.
PERMANENT COMMISSION:
For 3 years.
Legal, Medical,
• ?5f ®- ^- GARRISON, of N. T. VICTOR C. VAUGHAN. Esq., of liltk.
'J9^^ ^' THURSTON, of Neb. GEO. L. PORTER, M. D., of Conn.
RR BSI^L, Esq., of N. Y. NICHOLAS SENN, M. D.. oi Chicaga
The Secretary reported the action of the Sub-Committee on the
Tuberculosis Congress, to be held on the third Wednesday of Peb-
ruarj', and further reported an unusual interest in the medical pro-
fesBJon, among tbe physicians who give especial attention to
Tuberculosis.
The Secretary submitted the following statement:
The New York Herald, and the New York Journal, recently pub-
lished statements from their correspondents at Washington pur-
porting to be based upon information alleged to haye been deriyed
from the American Secretary of State, announcing an unfayorabie
decision by the English Goyemment, upon the pending application
for the release of Mrs. Maybrick. Shortly after their publication I
addressed the following letter to Colonel Hay, and receiyed the fol-
lowing reply:
In yiew of the widespread error resulting from these publications
and the impressions that followed them on both sides of the Atlan-
tic, I deem it my duty in justice to Colonel Hay, to publish his die-
elaimer and my letter eliciting it.
Letter from Mr. Bell, Chairman of the Maybrick Memorial Com-
mittee, to Colonel Hay, American Secretary of State:
••New York, Noyember 24th, 1899.
Col. John Hay, Secretary of State.
My Dear Sir: — The New York Journal and other newspapers of
this city haye recently published statements that the British Goy-
emment had refused the application which had been made for Uie
release of Mrs. Maybrick, through the American AmbassEtdor, Mr.
Choate; and that aU the efforts that haye been made for her release
were fruitless.
While these statements were not official statements, they were
made by the correspondents of the journals at Washington upon
alleged information deriyed from your office. *
May I ask you, dear sir, to giye me information whether you or
Mr. Choate haye receiyed any reply to the application which you
had so kindly forwarded to Mr. Choate, accompanying the i>apers
forw&rded by the Committee, of which I wae Chairman, and
whether there is any foundation, in fact, for the recent publication
in the New York newspapers alleging that the English Goyemment
had made «ui adyerse decision to the pending application which the
American Ambassador had been making.
Digitized by VjOOQIC
402 TRANSACTIONS.
Should your answer inTolve any confidential statementfi, wlii<^
you did not desire to be made public, I should of course respect any
intimation which you gave me in that regard. So long a time has
elapsed since our appeal was forwarded, and as we are not aware
that any reply whatever had been made by the English Govern-
ment, I should be very glad indeed if you would advise me, if it is
not inconsistent with the public service, what reply, if any, has
been made to our appeal. I remain, sir, with great respect.
Your obedient servant,
CLAKK BE3^.
P. S. — I enclose copy of a letter forwarded by the Chairman of
the Woman's Committee of the Psychological Section of the Medioo-
Legal Society to Lady Randolph Churchill on 10th inst., and wiiich
fairly reflects American sentiment at the present moment.
Department of State,
Washington, November 28, 1899.
My Dear Sir: —
I have your letter of the 24th of November.
I am not responsible for the publications in the Washington
newspapers, and have, in fact, given out no news in regard to the
Maybrick case. I have received no report from Mr. Choate of the
result of his application to the British authorities in Mrs, May-
brick's behalf, and I am cot able to say whether the British. Gov-
ernment has finally and definitely decided to refuse the application
for her pardon. Very truly yours,
JOHN HAY.
Hon. Clark Bell, 39 Broadway, New York City.
The enclosure referred to was the letter to Lady Randolph
Chucrhill given above.
It was, on motion, unanimously
Resolved, That the annual report of the Treasurer and other
officers, and of the Sections of the Society be made at the January
meeting of 1900, instead of at the annual meeting.
It was moved by Mr. iJell and seconded that the paper of MSp.
Camis and the value and efficiency of his apparatus be referred to a
committee of three, to be named by the chair, to investigate the
same and report to this body. Carried unanimously.
The Society then adjourned.
JACOB F. MILLEa, Acting President.
CLARK BELL, Secretary.
CAROLINE J. TAYLOR, Asst. Secpctary.
Digitized by VjOOQIC
JOURNALS AND BOOKS.
The Tobacco Probiam. By Margaret Woods I^wrenoe. Lee &
Sheppaid, Boston, Mass.
Mrs. Margaret Woods I^wrence is one of those who refase to take
middle noand on the use of tobacco.
Belie^nng that the use of tobacco is pemidons and harmful, she makes
her crusade for its extermination.
Her work, entitled "The Tobacco Problem," is perhaps the most com-
plete and able presentation of the efforts, that have oeen made from
the philanthropic and humanitarian side, that has been compiled.
The folly, the expense, the ills, of the use of tobacco, are set out in the
strongest possible forms.
In the author's preface to the fifth edition she uses this language :
"Again and again have I been told that I injure the cause by demanduig
too much ; that it is the abuse, and not the proper use, of tobacco, against
which I should direct my efiEbrts."
This sensible adyicefedls on deaf and unwilling ears with this author.
She loses her influence, on those who use tobacco, by the intemper-
ance of her assaults.
All thoughtful minds recognize the disastrous effects, upon the human
race, of the intemperate use of alcoholic drinks.
In the drink habit, when it has become a disease, and the victim a con-
firmed inebriate, it is often felt that total abstinence is the only perfectly
sure remedy.
The total abstinence movement, of and from intoxicating liquors, was
a wise and savingj^ movement, and while it rescued many, it £dled to
reach even the majority.
Hiere is no chance for such an extreme view to be generally accepted
among men, as to the use of tobacco, for the good of the race. Women
are excluded, because not one woman in ten thousand uses tobacco, in
our country, exdnding snuff-taking, which is not now as much in vogue
as it was formerly.
The experience of the race in dealing with the vices of mankind, by
legislation, which enforces restraint upon the personal habits of men, es-
pecially of drink, where the evil is so stupendous and formidable, has
been nqjative of g^ood results. At least it has not eradicated the evil, if
it has duninished its volume.
The point is how to reach the most affected and injured by the drink
habit, or the tobacco habit*
Those who have never smoked or chewed tobacco need not be regarded.
They do not need aid. They may have what opinions they please. It is
the smc^er or drinker we must, or should, strive to reach.
It is a remarkable fact that an impression hss been quite universal that
the tobacco, used in the manu&ctnre of dgarettes, was adulterated with
opium and other noxious drugs ; that these drugs wrought the greatest
possible injury to the young who used cigarettes.
This belief was universal. I, for one, entertained it, though I had
never smoked a dffarette in my life. It was not based on knowledge, nor
did it rest on proofof any kind ; but it swept over the land.
The laws ot the several States, restricting the sale of dgarettes to boys
tod youths undier sge, rest upon this singularly false theory.
Digitized by VjOOQIC
404 JOURNALS AND fiOOfilS.
The fiunons Commission of the London Lancet, in its reimrt made in
the issue of December 9, 1899, upon the cigarettes purchased in New York
and sold in London, of the same brands, uiow that, as a matter of fact,
and the result demonstrated, that no foundation whateyer exists for the
exag^;erated statements that had been made as to their adulteration.
Foreign toxic substances were not found in a single instance among those
looked for. Search was made for morphia, phosphorus, arsenic, mercury,
copper and other heavy metals. The Commission say: "To sum up,
there is not a single feature, in these numerous results, upon which can
be fairly based any allegation of the presence of a substance produdni^
injury to health."
The result of an inquirr, conducted by the Medico-Legal Journal,
among the most £unous and well-known uienists and scientists of this
country, and of many abroad, showed that there was no reason to trace
insani^ as produced by the use of the cigarette, even when used to excess.
It hss been a common point of attack, by the sensational press, to
attribute all the evils of crime and misery to the cigarette, if the criminal
smoked cigarettes, and many newspapers teem with such statements and
assign the cigarette as a cause.
These seem to be exaggerations, and they are, after all, unavailing.
They are as intemperate as the views of the extremist of the extremes-
like Mrs. Lawrence. They seem to react
Cicero says, " Eloauence is the art of persuading men." They do not
persuade. It might be a cruel thing, perhaps, to say of such a book that
It does not reach the victims. It does not save them. They repel it
We know that tobacco, in its excessive use, is an unmi:^ evil. We
can hardly see any good in it. It is disgusting, filthy and repulsive in
the extreme, and there can be few cases in the world where it does any
real, substantial good to the user. But we would ask Mrs. Lawrence
whether the extreme views which she presents and arsptes with so mudi
abilitv and force, has, under her observation and in ner experience, re-
sulted in inducing those ^ho used tobacco, to abandon its use? The laws
may place a lad under such restraints that, while a minor, he could not
buy a cigarette ; but if his father, and his relalives, and his best friends
smoke, will the boy himself abstain when he reaches manhood and
passes from under the protecting arm of the law ? The lesson is, that ex-
aggeration of an evU seems not, in its results, to prove of any benefit to
those who differ most from it. Where the relief sought depends upon the
volition of the victim, we must seek to reach this volition and influence
it We must put ourselves in the place of the mind we seek to reach.
Extreme and exaggerated statements, by those who have never sufRsred,
rarely succeed.
My own objection to tobacco smoking is, that it is apparently on the
increase. In my vouth no gentleman ever smoked in the presence of a
lady in public, without first obtaining her t>ermission. A lady, in the
company of a gentleman on the street, would be compromised it the gen-
tleman smoked. Indeed, in those days no gentleman would smoke on
the street in company with a lady. The husband would not be allowed
to insult his wife, by publicly smoking in her company, on the street or
in a public assembly.
The rule was difierent on the continent of Europe, and recently, men
who claim to be gentlemen smoke in the presence of ladies, in public
places in the City of New York, and especially, I regret to say, m the
larger halls of the Waldorf-Astoria. It is not forbidden by the rules of
the house, and while such a spectacle is extremely offensive to gentlemen
of the old school, and must occasion ladies great discomfort and annov-
ance, it is tolerated in circles where evidences of better breeding would
be expected.
The tobacco smoker is a social nuisance, and should be suppressed in
all places where his intrusion disturbs the comfort or pleasure of others.
Cark and Treatment ov Epu^kptics. By Wm. Pryor Letchworth,
Digitized by VjOOQIC
JOtJRNAI^ AND BOOKS. 406
LL. D. G. P. Putnam't Sobs/ New Yori: and London. The Knicker-
bocker Preat. (1900.)
Mr. Letchworth hat felt the want of a Tolume that would describe and
illnstrate the provision now made for the care of epileptics, in onr own as
well as in foteign countries, and at the same time arouse an interest in
the public mind for the unfortunate class, which has, until the past quar-
ter of the 19th century, had no suitable recognition, or provinon mad^e
for its care.
For ten years Mr. Letchworth was Chairman of the State Board of Char-
ities of the State of New York, and he is well known for his deep and ear-
nest sympathy for the degenerate classes. He has tor the past five years
been one of the foremost philanthropists of this nation, and his pmlan-
throp^ has gone from the heart into his work.
It 18 perhaps due to the relatiyely small number of epileptics in the
world, compared to the whole population, that those countries which
claim the higher civilization have neglected any adequate provision for
the poor who are thus afflicted. England is perhaps the most backward
of sill civilized nations, and perhaps Prussia the most advanced among
themalL
Insanity, which seems to be almost a poduct of modem civilization,
has forced its claims on public recognition during the last half of the
closing century. Epilepsy, with the same daim, has been less fortunate
in its recognition.
Mr. Letchworth's estimate of ii3>ooo epileptics in the United States is
probably not an over-estimate, and is, in itsdf, reason for a greater atten-
tion to these unfortunates.
A careful showing of the work of the Craig Colony, in this State, and
the best detailed summary of all the institations, home and abroad, are
given by Mr. Letchworth in this admirable work.
It is presented in a most attractive lorm and is illustrated not only
with great care in the selections, but with admirable success from an
artistic standpoint.
Mr. Letchworth contributed, a few years sinqe, a work entitled "The
Insane in Foreign Countries," which was prepared with the same pains
and care that marks the present volume.
|i^ Both these volumes are superb contributions to the literature of the
subject, and should be on the shelves of all the great libraries in this
country, and indeed in all countries.
FnrrEBNTH Annuai* Rbport. New York Post-Graduate Hospital.
(1899.) The Annual Report of this Hospital is a most artistic produc*
tion. It is filled with admirable selections, taken from its own wards.
It is a splendid record of a useful work of philanthropy, credita ble to its
managers, and to the City of New York.
Ai^fDBKNB AND OTHBR PoBMS. By Ralcy Hnsted Bell, M. D.
Charles' WeUs Moulton, Buffalo, N. Y. ( 1899. )
{^Dr. Ralcy H. Bell is a poet of no mean rank. He should have called
this volume *' Poems of Passion.*' He is a singer whose lute is tuned to
the tenderest and sweetest symphonies of love.
Let Ella Wheeler Wilcox look out for her laurels. This Sweetest Singer
of the South touches with the hand of a master all the tenderest notes in
the whole range of those chords that vibrate in the human sOul ; and the
whole range and gamut of the subtlest emotions of the heart are embraced
in and covered by his songs.
He is the Swinburne of the younger American poets, and his pen seems
burnished with the very flame and breath of the divinity of passion and
of love.
The Logic 09 Vsgbta&ianism. By H. S. Salt. Ideal Publishing
Company, London, Eng. ( 1898. )
The subject of vegetManism, in the form of a dialogue, is the latest mor-
td offefca to the public, in this work, on the mooted question of diet.
Digitized by VjOOQIC
406 jOURNAtd AKD BOOltd.
The maimer ofpfeaentatioii ii novel and catchy, and while the book la
crammed fiill of data and itatistica, its limitation ia (bond in the heading
of the chapter on Fleah Meat Morala.
The introduction of a matqneradiag " Paychic-Philoaopher'* iahaxd to
understand, in consideration of the tact that the Pennine article wonld
never be pitted against vegetarianism, nor been guutj of making the in-
difference to food, of the Indian Zogia, so profoimd as to inalnde meat, as
it is well known they nc/^rer eat animal food in any form.
However, as fiur as it goes, the book is worth study; though it remaina
a regret that the immense field of diet, in its higher and i^iritoal devd-
opment, shows such fidnt marks of the furrow.
Digitized by VjOOQIC
BOOKS, JOURNALS AND PAMPHLETS
RECEIVED.
Jusmr Hb&oij), M. D., New York. Signs and Teste of Death. 1899.
GBORGB M. EDBBOH13, M. D., New York, History and Literature of
Appendicitis.
Nina. Rodb&ioxtbs. M. D., Professor of Medical Jurisprudence, Bahia»
BraadL Epidemic de folie Religieuse. 1898. O. Regicide Marcellino
Betpo. 1898. Des Condition Psyoiologiques on depecageCrimineL 1898.
Chas. Wood Passbtt, Esq., St. Joseph, Mo. Prospectus Medical Ex-
cursion to Paris Exposition. 1900.
I/. A. Wilkinson, Esq., Des Moines, Iowa, Secretary State Board of
Control. No. i. Vol. 4, Bulletin of Iowa State Institution. Oct, 1899.
Charlks Dbnison, a. M., M D., Denver, Colorado. The Climate of
Colorado for Respiratory Diseases. 1898. The Tuberculosis Crusade and
Its Problems. 1899. Climate of the United States in Colors. 1893.
The Preferable Climate for Consumptiyes. 1897. Traction Plasters ts.
the Murphy Operation.
Chahliw H. Wn^UAMS, M. D., Boston. Tision, Color Perception and
Hearing of Railway Employees. 1899.
Gbo. Marsdbn, Esq., Col. S. G. McLbndon, I. Prank Valentinb,
M. D. Surgical Service on Railways. 1899.
Anthro Alfrbd Knight, Esq., Honorary Secretary Criminal Appeal
Court Legislation League, London, Eng. Manifesto in Favor of English
Court of (Mminal Ap^al. 1899,
H. E. Aluson, M. D., Pishkill, N. Y. Insanity and Homicide. 1899.
Provision for the Criminal Insane. 1899.
E. Caios, Esq., Paris. Lethargy and Apparent Death. 1897'.
BlbbrT Hubbard, Esq., East Aurora, N. Y. (A Roycrafter.) A
Message to Garcia. 1899. Friendship Garland. 1899. Ye Ancient
Mariner. 1899.
J. Crawford Biggs, Esq., Secretary North Carolina Bar Association.
Report of the North Carolina Bar Association. 1899.
Thb Union Surety and GuaHanty Company. The General Tax
Law of New York. 1899.
Treasury Department. Immigration Laws and Regulations.
W. P. Becker, M. D., Milwaukee, Wis. The New Wisconsin Law of
Commitmente of the Insane. 1897.
H. Gerald Chapin, Esq., New York. The Corporation of Corpora-
tions. 1899.
V. K. Chestnut, Esq., B. S. Plante Poisonous to Stock.
Lake Mohonk Arbitration Conference. International Arbitra-
tion. Report of the Fifth Annual Meeting. 1899.
WiLUAM Lee Howard, M. D., Baltimore, Maryland. Physiologic
Rhythms. 1899.
Peter C. Kellogg, Esq. Catalogue of Sale of Stock. Nov., 1899.
Digitized by VjOOQIC
40d BOOKS, jOItRNAtS A^D PAUPHJJWtS RHCKIVS1>.
L. D. Mason, M. D., Brooklyn, N. Y. The Pauper Inebriate ; Legal
StBtos, Care and Control. 1899. Reasonable Moave in Criminal Acts
of Confirmed Inebriates. 1892.
Gbo. H. Noblb, M. D., Atlanta, Ga. Cancer of the Pregnant Ute-
rus. 1896.
Ai^BxaNDBR Wii,DB&, M. D. The Fallacy of Vaccination,
N. P. Sholbs, Esq., Syracuse, N.- Y, Catalogue. Maple Craft Farm.
1897-1898.
D. R. Browbr, M. D„ LL. D., Chicago, 111. Medical Aspects of
Crime. 1899.
Thb Idbai« Pubushing Union Company, Ltd. The Logic of Vege-
tarianism ; by H. S. Salt 1899.
Hypatia Bradi«augh Bonnbr, London, Eng. The Gallows and the
Lash. 1897.
J. T. Sbarcy, M. D., Tuscaloosa, Ala. Inconsistencies, Legal and
Medical, about Insanity. 1899.
N. Sbnn, M. D., Ph. D., LL. D , Chicago, 111. The Etiology and
Classification of Cystitis. Excision of High Rectal Carcinoma without
Sacral Resection. 1899.
Chari«bs Gilbert Davis, M. D., Chicago, 111. 550 Surgical Opera^
tions without Alcohol. 1S99.
R. Harvey Rbbd, M. D., Rock Springs. Wyo. Rare Forms of Hernia
and their Treatment 1899.
Hbi«bn Dbnsmore, M. D. The English Dreyfus Case. 1899.
Wm. H. Winters, Esq., Librarian New York Law Institute. Annual
Report of the Law Institute for 1899.
Hon. Sterung B. Torrby. Opinion in the Case of Nelson ▼. State
Board of Health of Kentucky. 1899.
Geo. Francis Train, Esq. October, November and December num-
bers of the P^nuy Magazine. 1899.
Digitized by VjOOQIC
MEDICO-LEGAL SOCIETY.
DSCSMBICK, 1898.
ACTIVE UST.
Avid, FMi: J. M., M. O.
Adams. Gtoow a. M. D. !
Albutt, H. A.. M. D.
AUen Theo. J., M. D.
AlblB. JTokB H.. niQ.
AndrltMB, WXl07d«M.D,
Annls. B. Xj., M. D.
ArehibAld. O. W«llliic«
ton. IL D.
Anoooa, Prof. A. A. !>•
Arthur. DmaMl H.. M.D.
Aiicu«tln«, Clark B.,Xm|.
(Life.)
Alyar, P. 0. BlTunramj,
Adams. W. A., M. D.
Abarbanell Jacob R.,Bs<i.
Arthur. Jud^re Jesse
Adk!n. Thos. F.. Esq.
Bach. Albert, BsQ. (Ldfe.)
BaU7. J. H.. M. D.
Baker. Hennr D.. Dr.
Barreto. Dr. MeUo.
Barbam, W. B.. M. D.
Barker. W. a. M. D.
BarUett, Cyrus K.. M.D.
Bartlstt. James W..MD.
BeU. aark. Esq. (Life.)
Bensdlct. M. C. M. D.
Beajamln, D.. M. D.
Benson. V. &, IC D.
Blackburn. C. H.. Xso.
Blair, Hob. A. O.
Blair. F. I.., Xsq.
Burr«M. F. J. W.. M. D.
•Brlnton. Daniel D^.Esq.
Browett Harold. Esq.
•Bruce, W., M. D.
Bruno, R. N., Esq. (Life.)
Bun. C P., bq.
Buraham, Francis C. 0.
*«n»ap. Prof. W. H.
BurrsU, D. B., If. D.
Bwts. W. T.. M. D.
Ben. Ida Trafford
^WMtt. Jaa. Lu. Hsq.
Blade Charles C, Esq.
Bleyer. J. Mount, M. D.
Buchanan, 8urfeon.Capt.
W. J.
Brush. Arthur C, ILU,
Bumslde. 8. H.. M. D.
Bancroft. Charles P., IL
D.
Baldwin. W. H., Jr., Esq.
Bryant, D. C, M. D.
Banks. ChasL Lincoln,
Esq.
BajpUett, Edwin J., IL D.
Beemer, N. H., M. D.
Burr, C. B., M. D.
Bordes^ Qmn&nl J. ▲.,
Esq.
BIumenthal,Maurlc6 Esq
Bell. a. M.. M. D.
Babcock, James W., M.
D.
BeU. Ralcy Husted.M.D.
CaldweU, Frank H..M.D.
Calvin. James H.. M. D.
Campbell. Michael. Dr.
Oantteld. Charles Stew-
art, Esq.
Carpenter, Blon M., M.
D.
ChafPee. (3eorce. M. D.
Chenoweth. C Van D.
aark. Daniel. M. D.
CUft. Frederick. M. D.
Cole. Charles K.. M. D.
0>leman. Judi^e Thomas
W.
Conn, OraBTiUe P., Dr.
Culbertson. H. Coe.Esq.
Cocke. James R., M D.
Couchtrey, Prof. Mlllen,
M. D.
Conlan, Judge Lewis J.
Cowan, D. W., M. D.
Cowen, D., M. D.
Cowles, Ed., M. D.
Crane. Frederick H..Bsq.
Crookshank, R. Percy,
M. D.
Currier, D. M., Dr.
CheraUer. Ada M., M. D.
CheraUer. L., Esq.
Coxwell, Piof. J. B. O.
Cranmer, B. F., M. D.
C!kNM^ JasL A^ Esq.. M.
B., F. R. C. P.
Chapin, H. Qerald, Esq.
Oothtos. T. D., M. D.
Ooner, Dr.
Dailey, Judge Abram H.
(Life.)
Darr, Hiram H., M. D.
Davis, E. Webster, MD.
Day, W. H., Esq.
DeKraft, WUliam, M. D.
(Life.)
Denhard. C. E.. Dr.
DlMolse. G. Bettinl. M.
D. (Life.)
Dittenhoefer. Judge A.J.
Dittenhoefer, Irving M.,
Esq.
Doremus, R. O., Prof.
Dormeus, Chas. A.,Prof.
Dorsett. J. 8.. M. D.
Downs. F. B.. M. D.
Drewry. W. F.. M D.
Dunavant. H. C. M. D.
Duncan. Bhelbey P.Jisq.
Dupre. Cvide. Esq. (life.)
Dyer. Isidore. M. D.
Dawson. Miles M.. M. D.
Darlington. ThosL.M. D.
De Costa. Jose L, M. D.
Davis. N. &. M. D.
Del Junoo. Prof. Judge
Emlllio. Esq.
Doris. H. F.. Esq., M. D.
Densmore, Helen, M. D.
Davles. Samuel D., Esq.
Del Castro, Prof. Ray-
mond.
Eads. B. F., M. D.
Ellinger, M.. Esq.
EUiott, Qeorge F.. Esq.
Digitized by VjOOQIC
410
AerrvK list.
Ellis, Dr. Havelock.
Emery, Juds^ Im A.
EsftTKlse, Prof. J. T., M.
D.
Evans, Brltton D., M.
D.
BwsU, ProClUrabmll D.
D.
Bysr. AlTin, M. D.
Bdenharter, Geo. T., M.
D.
ElUs, Charles M., M. D.
Ellis, Howard, Esq.
Fanning, Jamas O., BSsq.
Yast, F. R., Esq. (Life,)
Fallows, Josapli W.,li2s(i.
Fennally, B. M.
Finck, Oaorse, Esq.
Flschar, Charles 8., Dr.
(Life.)
FltGli, N. O., U. D.
Fleming, W. M.. Dr.
Flatcher, W. B., M. D.
Ford, DeSaussure, M. D.
Francis, Judge William
H.
Frost, Thomas G., Esq.
FuUer, F. B., M. D.
Fulton, ▲. li., M. D.
Fielding, Hon. Wm. 8.
Fassett,Chas.Wood,Bsq.
Foster, Eugene, M. D.
FolU, Clara, LK B.
Ferria, J. H., M. D.
Foley, John A., Esq.
Ferrw, F. Madina, IL D.
Fernandez, Dr Santos.
Fennell, Thos. Garrett,
Esq.
Qalbraith, W. J.. M. D.
€taLrrison, Judge C. O.
Gerry, B. T., Esq. (Life.)
Gibbs, John Wilson. M.
D.
Girard, Major A. C, U.
V,
Gird wood, G. P.. M. D
•(Joddlng, W. W., M. D.
Gk>odfellow, (3eorge, IL
D.
Gordon, Eliot, IL D.
Gorton, D. A.. IC. D.
Graham, J. T., M. D.
Grant, Gabriel, IC D.
Grares, G., M. D.
Grlnnell, A. P., IL D.
Guernsey, R. 8., Esq.
Guth, Morris 8., M. D.
Gignouz, Robt, Esq.
Qnnn, Robt B., M. D.
Gilbert. L. L., Bsq.
Giyens. Amos J.. M. D.
Qrover, Geo. W., M. D.
Gil, Alexander Wos. Y..
Ckoston, Judge Louis.
Hall, J. N., M. D.
HaU. W. A., M. D.
Harrison.Danlel A..M.D.
Harrison. George W.M*
D.
HaTUand, Willis H., Jr,
M. D.
Hawes, GUlbert R., E^sq.
(Ufe.)
Hawkins. Jas. E.. Esq.
Herold. JusUn A. M.. M.
D.
HiU. H. B.. M. D.
HIU. J. L.ensey. M. D.
Hir8chberg.Judge M. H.
Hlrschf elder. J. O.. M.D.
Home. J. Fletcher. M. D
Horton, Judge O. H.
Hogg. Ex-Gov. James S.
Holliday, B. W.. M. D.
Howard. John C, Dr.
Howard. N. M., M. D.
Howard. Wm. Lee. M.D.
Heftt. G. Stanley. M. D.
Hlrschl, Andrew J,. Esq.
Hoyt. Frank C. M. D.
Hubbs, M. B., M. D.
Hudson, Thomson Jay.
Esq.
Hurt. G- M.. M. D.
Huyer. R. P., M. D.
Hamm. Margherlta A.
Hoffman. F. L., Esq.
Henderson. J. M.. M. D.
Honan. Wm.. M. D.
Hutton, Francis E., Esq.
Herdman. Prof. W. J.,
M. D.
Hatneld, W. Ann, M. D.
Howell, Judge O. P.,
Esq.
Hardin, Alfred, Esq.
Hardwlcke. Henry. Esq.
Hechavarrla, Chief Jus-
tice Urbane Sanchez.
Hogg, F. Stanley. M. D.
Ingraham. Chaa Wilson,
M. D.
Jackson .Francis M..Esq.
Jamison. W. T., M. D.
Jewett. Harry D.. Esq.
Johnson. Wyatt. M. D.
Johnston, Alexander. M.
D.
Jones. W. C Bsq.
Judkins. E. H.. M. D.
Johnston. George Ben.,
M. D.
Judson, Stiles. Jr.. Esq.
Jado. Judge Jose Varela.
King, George W., M. I>.
Kauflman, Franklin J.,
M. D.
Keene, George F., M. I>.
KeUey, Webb J., M. D.
Kellogg, T. H., M. D.
Kelly, W. J., Bsq.
Kibler. C. B.. M. D.
Kinkead, R. J., M. D.
Kinney, C. Speacer,M.I>.
Klein. J. B.. Bsq.
Knapp, A. R., M. D.
Kratler, Prof. JnUus, M.
D.
.Keyes. Thos. Basset, M.
D.
Kellogg, J. H., M. D.
Kelsey, R. C, M. D.
Kime. J. W., M. D.
Kindred. J. J., M. D.
LaCourt, D.. M. D.
Liee. Edward B.. M. D.
Lioe, Francis B.. Bsq.
Lee. Wm. H.. Esq.
Leet. N. T.. M. D.
Legare. J. Cecil, M. D.
Lence, W. C, M. D.
Liewis. J. B.. Dr.
Lawrence, W. D.. M. D.
Lewis. R. J.. Esq.
Lewis. W. J.. M. D.
Lightner. C. A., Esq.
Lindsay, J. L.. M. D.
Loewy, Benno, Esq.
Lcdorle, Dr. Ernest J.
Leverson, Montague R.,
M. D.
Lochner, John. M. D.
Lemen, L. E., M. D.
Lowenstein, Fred, P.» M.
D.
Leslie. C. F., M. D.
Lamanche. Judge Jose.
Levy, Abraham. Esq.
Letchworth.Hon. Wm. P.
MacGuire, J. C. M. D.
Mackaye, H. (Goodwin.
M. D.
Maher, James B., M. D.
Marks, Solon. M. D.
Martin, J. C. M. D.
MatUson. J. B., M. D.
McCallum. J. M., M. D.
Mcaelland, Mrs. SophU
Digitized by VjOOQIC
Acrnm list.
411
McCarn. Alfred. M. D.
McCowen, Jennie, M. O.
McCuaiff, John B., M.D.
McGtowan. J. T.. M. D.
McFarland. W. G., M.D.
Mclntyre, William H.,
SMI.
McKenxle, K. D., M. D.
Mcl#eniian, Donald, M.Jl>.
McLeod, J. A., Bf. D.
•McLeod, S. B. W., Dr.
KcVey. Prof. W. B.
Mead, Julian A., M. D.
Mears, John, M. D.
Menken, Percy, Esq.
Meyers, W. H.. M. D.
MUhank. Robert, M. D.
Miner, George B., M. D.
MUler, J. F. Esq.
Mitchell. Hubbard W.,
M. D.
Mitchell, J. Murray,Eaq.
Moncure, James D..M.D.
Moore, Dwight 8huui-
way. M. D.
Moore, George B.. M.D.
Moore, George P., Eeq.
Monday, W. H.. M. D.
Morrow, W. R, M. p.
Murphy. P. L., M. D.
Murray, R. D., M. D.
McHatton, H., M. D.
McOany. J. G.. Esq.
MlUer, Truman N., M.D.
Monck. W. H. S.. Esq.
Moss, Hon. Frank
Marklewlcz. M.. M. D.
McQuesten, E. F..M. D.
MeKlbben. W. H., M. D.
Miller. J. B., Esq.
Meacham, Leslie J.. Esq.
McAaam. Geo. Harrison. .
Manduley. Judge M. J.
Mulqueen,Mlchael J.. Esq.
McFarland. D. W., M. D.
Kelson, Abram. iMq.
Nelson, WlUlan, Esq.
Kaiweomer, M. Y. B., M.
D.
Noble. Judge Conway W.
Nolan, John P., M. D.
Norbury, Frank P.,M.D.
North, Jodge Bafford JB.
Nugent, W. R., M. D.
Nmm, R. J., M. D.
Nye, C. A.. Baq.
NerrUle^ John James, M.
D.
Nichols, Delancy F., Esq
Nicholson, Chancellor
John R.
O'Brien, Chief Justice
James
O'Connell, R. 8.. M. D.
O'Nell. E. D., Dr.
Orange. William. M. D..
C. B.
Orme, H. L.. M. D.
Osborne, A. E., M. D.
Outten. W. B., M. D.
Overholtzer, M. P.. M.D.
Owens. J. E.. M. D.
O'HanUn. Philip F., M.
D.
Oppenhelmer, S., M. D.
Paddock. Frank K., M.
D.
Page. Samuel B.. Esa.
♦Palmer. Judge A. L.
Parsons. R. L.. M. D.
Parmenter. R. A., Esq.
Peck. Fayette H., M. D.
PfingBten, Gustav, M. D.
Phelps, R. M.. M. D.
Piatt. William Popham.
Esq.
Poole, Thomas Crisp, M.
D.
Porter, George L., M. D.
Prill. A. G., M. D.
PHtchard. J. F.. M. D.
•Pusey, Dr. A. K-
Pler, Kate H., M. D.
Plera, Senor Fidel G.
Potter. Florence Danger-
fleld, LL. B.
Pritchard. R. L-. Esq.,
M. D.
Purman, D. M.. M. D.
Payne, Robert B., D. D.
L., M. D.
Pane1i>om. Major Z. K^
Esq.
Porter. Ira W., M. D.
Ransom, Judge R. 8.
Raymond, Mrs. Henry E.
Reed, R. Harvey. M. D.
Reere. J. T., M. D.
Regeosberger. A. B.. M.
D.
Remondino. P. C, M. D.
Ronton. A. Wood. Esq.
Rlee, C. A., M. D.
Richardson, A. B.. M.D.
Ringold. James T.. Esq.
Ritchie. I. A.. M. D.
Robinson. D. R., Bsq.
Roderlgues. Prof. Dr.
Nina
Rapmund. Otto. M. D.
Roeth. A. Gaston. M. D.
Rogers, Prof. H. W.
Rosenthal. A. C, Esq.
Rosse. Irring C. M* !>•
Roeder. Rer. Adolph
Ransom. J. B., Bf. D.
Ross. Frank W^ M. D.
Remy, W. O. B., M. D
Reyes, Rose Maynard.
Ruland, F. B.. M. D.
Robinson. Henry. Esq.
Sauner, H. &, M. D.
Scott. A. C, Bf. D.
Scott, J. J., M. D.
Scott W, J., M. D.
Seareey, J. H., M. D.
Seeley, V. W., Esq.
Senn. Nicholas. M. D.
Seymour. Roderick B.
Esq.
Shay, Thos. F.. Esq.
Shepard. E. T.. M. D.
Sander, W., M. D.
Sherman, W. H., M. D
Shufeldt. R. W., M. n.
Simpson. James. M. D.
Smith. Judge A. C, M.
D.
Smith. C. A.. M. D.
Smith, E. C. Esq.
Smith, Prof. W. R.
Southall. James. M. D.
Stackpole. Paul A.. M.D.
Stanley. C. E.. M. D.
Stem. Helnrich, Esq.
Sterne. Simon. Esq.
Storer. David A.. Esq.
Stover. Judge M. T.
Strahan. S. A. K.,M. D.
Strauss. Charles. Esq.
Streeter. Frank 8.. Esq.
Sudduth. Prof. W. X.
Sullivan. M. B.. M. D.
Sterne. A. E.. M. D.
Simon, Carleton. M. D.
8extus, Carl. Esq.
Sahler. C. O.. M. D.
Senger. W. 8., Esq.
Stack. Thos. B., M. D.
Stewart. Cambrae, Bsq.
Smith, Geo. W., Esq.
Spratting, Edgar J.,M. D.
Sage, Prof. X. La Motte,
Dli. D.
Talcott. Selden H., M.D.
TaUoy. R. P.. M. D.
Talmadge, Judge A. M.
Tansey. G. T., Bsq.
Taylor. Caroline J.
Taylor, John F., Bsq.
Taylor. Philip K.. M. D.
Templeman. C. M. D.
Terren, Hon. t$, Jjl
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ACTIVB UST.
Thomas, IC Ueniam
ThompcoB, A. A., IL O.
Thompson, Curtis, Esq.
Thome, 8. 8., M. D.
Tharston, Hon. J. IL
TIche, Judire Jamss Ifi.
TomUnson, N. A., M. D.
Tompkins, Hstinr C.Esa.
Tompkins, Leslie J.,ll8q.
•Tourtellot, D. A., M. D.
Towns, Oeorce D.. M.Ij.
Treslder, John 11., Seq.
Tripp, John J., Esq.
Trull. W. C. Esq.
Tueksr, Dr. Oeorfs A.
Trsnchids, Corrsdo, IC
t).
Tsbsr. Susan, J., M. D.
TuU, B. &. IL D.
TlUln^hast, Jud^ Par-
don E.
Taliaferro, E. T., Esq.
UaderhlU, H. C, Esq.
Valentin^ John F.,MD.
Valeatftss. W., Esq.
Vauffhan, ProC Y. Q,
Vlllneuve, Dr. Qeorge.
Voldlnc, M. KelMm,M.D.
Vance, Hart, S<Bq.
Walt, A. 8.,
Wallace, D. R., IC D.
Ward, C. 8.. M. D.
Ward, W. A., U. D.
Watson. Irvins A., M.D.
Watson, J. H., Esq.
Watson, W. 8.. M. D.
Wauirhoop, J. W.,M. D.
Wedffs, A. C, M. D.
Weed, Charles P., ICD.
Welsmaa, P. H., Esq.
Weldon, Hon.Charles B.
Wemberir. Jerry A.3*sq.
Weston, A. T., M. D.
Wer. Hamilton, M. D.
White. E. D., M. D.
White, Frank 8., U. D.
White. Moses C, M. D.
White, M. J.. M. D.
White, Stephen M., Esq.
Whitnex. Albert B., M.
D.
Wilcox, J. V. Staatou,
U. D.
WlUdns, Rsbert J., Esq.
WUllaaui, Hsoier J., M.
D.
WlUiamsoB, A. P.,1C Tk
Wnson, J. T., M. D.
Wlnstow, L. Forbes, Dr.
Wincate, U. O. B., ICD.
Wolf, A. 8., IC D.
Wood, W. R.. M. D.
Worden, IC Etna, IC I>.
Woisham. B. M., IC I>.
Wrlffht, Arthur W.,BiQ.
White, ProC H. Clajf,
Esq.
Wood,Edward 8., M. Dl
Walta. H. F., M, a
Wade^ J. P«ro7, M. D.
WUder. Aleocaadsr, U. IX
Wollman, Henry, E«sq.
Walker, A. T., M. D.
Wise, P. IC. M. D.
Williams. John G.. Esq.
Woodward, Robt. P., Esq.
W)ade, Judge IC J.
Tamell» Judge J. H.
Toung, D., M. D.
Young, R. E., M. D.
Toung, W. A., IC D.
Yarrell, U D., Esq.
ZoUers. Judgs Allea
•DsosAssd.
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the:
MEDICO-LEGAL JOURNAL.
JS$M»k4d umbr ih4 Ausputs of the MedUo-Ugai Society of Htm York,
CLARK BBLL, Esq., Editor- in-Chib v.
ASSOCIATB BDITORS:
LEGAL.
MEDICAL.
A. WOOD RENTON, Bm., I/mdon.
Judge ABRAM H. DAILBY, Brooklyn.
Jodge JOHN P. DILLON. New York.
Judge A. L. PALMBR, New Bnuitwick.
Pi^ W. L. BURNAP, Vennont
Judge C. G. GARRISON, Camden, N.Y.
T. GOLD FROST, Bm., Minnesota.
W. H. S. MONCR, Bki , Dublin.
W. W. IRBLAND, M. D., SoothuuL
Prof. J. T. BSERIDGB, Denver. Colo.
GBORGB B. MILLER, M. D., Phila.
JULES MOREL, M. D., Belgium.
NORMAN KERR, M. D., LondoA.
HERMAN KORNPBLD,M. D., SUeiU.
WM. ORANGE, M. D.. London.
Dr. HAVELOCK ELLIS, London.
SCIENTIFIC.
Fiof. VICTOR C. VAUGHAN, Mich.
MORITZ BLLINGBR, Em., N. Y.
FioC W. XA VIER SUDDUTH,Chicago.
Piof. R. O. DOREMUS, New York.
C. VAN D. CHBNOWETH, Maaa.
Prof. W. B. MacVEY, BoaCon.
MEDICAL.
ORANVILLE P. CONN, M.D. Concord,
hot A, P. GRINNELL, Burlington, Vt.
I.HARVEY REED,M.D., BMkiprag.Wy
mCHOLAS SENN, M. D., Chicago.
CHARLES K COLE, M. D., Montana.
BWIOHT J. KELLY, M. D., Ohio.
RAILWAY SURGERY.
LEGAL.
C. H. BLACKBURN, Em., CindnaalL
Judge CONWAY W. NOBLE,Clevdaad.
JudgeWILLIAMH.PRANaS,N.Y.Cit7
Hon. J. M. THURSTON, Nebraaka.
C. A. LIGHTNER, Ek}., Detroit
VOL. XVII.-N0.4.
NEW YORK:
MEDICO-LEGAL JOURNAL
1900.
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Letal, ed B«lg%
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Abmt. Med
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incea-Zeltaiiff,
Mdlvt,
■pect,
Aner. JoanMl ef
1 leor-
AaerioftB
AaMrloea lAwyer,
AstroloflTical Journal.
BvUeUa
Bttllettn of the Iowa
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Cwm Law
OoBiieoCSeai OteiU Beefd
of HeelOi,
Coorlar e< MMIelBe^
C^MMnUAM for ffmrw..
Oepe Law Jouniel,
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Ohioago Jj69bA News»
Columbus Med. Journal,
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Dunfirliean Col.
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FoK Wayne lieO. Jovr.,
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Quy'e Hoepttal RepovU^
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OkMiMde dl Neufopatir
OertelMl Zetkimr, Vleaaa^
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Hyglea,
Harraid Law Renrlew,
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Index Medleoa,
Iowa Law
U Pleeala OaaetAa Bm-
Indian Revtew.
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JohBe Hepklee Uatrer-
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Kaaeae City Med. Indea,
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London Laaoet,
LJKiteill'e LlTlaff Age,
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Le Progreee Medlcale,
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Luoaoy and Gfaartity,
Ltteiary Dlseat.
Lefal IntelUgenoer,
Lancet Pub. Oo,,
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Law Stndente Jeamel.
Utemtur^
Maes. State Beaid ef
Health,
Medloo*Le8al floelety ef
Medical Review etf Re-
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Medloal Anaetee,
Medleal Newe.
Mieieemger of NeuanoAogy
and Foreneic Peyoo-
'pathdogy, 0t Petefa-
bUTff,
Medleine,
Menor^h. Monttilr.
Madame Law Joaml,
Medioel Fm^nlghtly.
Medical MlrroT,
Modatteoarfft fur XT AOI-
tkeCUrande,
Medloel HieiaU.
Mind.
Medloel Seottnrf,
Med. end Burg. BeHMln.
Medloel Bulletin,
Medical Regieter.
Medlcus.
North
Surg.
New York Med.
Nu*fdliA MedMneirt AtMt
N. Arner. Journal oC IM-
ecnoele and Pmotioe,
N. a Med. Joam^.
Oooldentel Med. Tlmee,
Our Animal Friende,
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PnyelMlOflctf Btfvtew, ^^Tf^' ^ ,.^_ ''^ *«m <2Uiilc
P«M Tm» DMMttHMl. ^mSL '"■'■*'••'■ "^ '**• >Vjnln« Sword.
Pohlto OdIbIoq. ■'iSfJ' ■•' '"'"■"•■■• •• !%• ^v^w j^^ml
pa ul M«r?« F^^ llniJSiT-^-^ ' The Stylua.
jRttMii, BLlM^ OmS2f ^ >*-* T*"^ lifigal Gaxette.
Health JmmaA, m^w v-miSX - ^^* ^^« Surgical aad Dental
Fkfatar'0 Ink. Inif ii n fifc ■ TlL ■ ■ ^®^^
PeoBj MacmidBA. iiiMLilir^ - ■ ^b« Colorado MedKml
PifTy's Migariaa. ■■■■in a^ TfciafcM Journal.
ProTidflsea Medteal Jour-
nal.
Da Iftdleln^ ^"^
Battimr Bvvaott. Stata MML Am. MmShT^^
BaUwmy A<a, 7ha Oimpo Iaw JottitHO,
Romw da la Hypnotlwt, Hm AaMrloan Jowil a<
Rafiata dtataa Ifadlaaa, rajifcriigj. Waama'a Had.
Barlata renal o. Hm Qtmtm Bmg, . Weetemr Roaerve Law
lUrftela MMtoa-I^cal, Tba OpM Oawt. Jo«raal,
lUfviata «a Hanmlaglt Tha Fnwian, WatUy Lmw Joonvnl,
99ftU$ta% Tha Atcm, ^«i* Vtrghilh Bar.
HafMa da Amtropologla ^Im **''***ffft
CriBdnaUa; of Bolaoolaa Tha Ooamopolttal Oalao- X-Bajr JawnML
_ M^oNl. ul Tama ■aafUffhai Thla Iaw
Phy. (LMmO, IttaMto JfadJaal JawiMl, Youth's Companion.
Barlata da If owolagto IiritanrtMa Mid. Jawnai.
Saolch Baavd of Immmt. Tba
flanttarfan, Hm
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SUPREME COURT OF KANSAS.
THE PRESENT BENCH.
Hon. Frank Dostbr,
Chief Justice
Hon. Wm. R. Smith, Hon. Wm. A. Johnston,
Associate Justice Associate Justice.
From advance sheets Supreme Court of the States and Provinces of North Americm.
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RETIRING ADDRESS.
BY ALBERT BACH, ESQ., AS PRESIDENT OP THE SOCIETY.
Officers and Members oe the Medico-Legal Society,
Ladies and Gentlemen: —
My term of office as president of this society having ex-
pired, it is bnt proper that I should place before you a
statement of what has been done by the society during my
administration, and also an expression of my views as to
what should be striven for in the future.
We have made some progress in the matter of member-
ship, forty-two new active members having been added to
our list This increase is not all that it should have been,
but when we consider that notwithstanding the vital im-
portance of a close and careful study of the wonderful
revelations of science in furtherance of human welfare,
science has comparatively but a handful of votaries, we
must recognize this accretion to our ranks as an augury of
a growing interest in our work. In this age, as in eve'ry
other, the devotees of science have been martyrs to the
cause of humanity, and the sacrifice of individual material
gain to the advancement of the general good, constitutes
now, as it always has, and probably always will constitute,
the exception to the rule of human conduct Ours is the
duty, by constant, earnest, unremitting effort to lead our
fellow men temporarily away from the race track of selfish
competition, into the quiet, peaceful fields of scientific re-
search, discovery and exposition. To assert that we will
Pnmoiuioed, Jan. 17, 1900.
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414 RETIRING ADDRESS.
to any considerable extent be successful in this eflEort, may
sound Utopian, yet lofty purposes strenuously fought for,
are the salvation of mankind.
It is my sad duty to recall to your minds the demise,
during my term of office, of two of our honored members,
^x-President Dr. S. B. W. McLeod and Judge A. L. Palmer,
•vice president for the province of New Brunswick, but
^rief at their loss is somewhat assuaged by the contem-
plation of the fact that the fell hand of Death can in no
-way effect the memory of the faithful labors and glorious
4LCComplisbments of our departed ones in the domain of a
4>road and comprehensive philanthropy. Their deeds are
their monuments and place them in the ranks of the living
'dead.
The papers that have been read during the past year, at
our monthly meetings, and the discussions of them,
demonstrate that our society is engaged in the investiga-
tion of subjects of practical importance to the community
at large. The following is a list of said papers and their
authors :
''Practice of Medicine and Charlatanism/* by Prof. P. Brooardel, of
Paris, Prance.
«*Sex in Punishment for Crime," by Clark BeU, Esq., of New York City.
"The Criminal Treatment of the Insane,*" by W. H. S. Monck, Esq.,
barrister at law, Dublin, Ireland.
Resolutions on Memorial to 'the English Home Secretary in the case of
Mrs. Florence E. Maybric, by a special committee of the society.
"Instant Death by Decapitation an Impossibility According to Bio-
logical Analysis," by Dr. J. Mount Bleyer, of New York.
"The American Government and People and the English Home Sec-
retary," by Clark Bell, Esq., of New York.
"Physicians— Expert Witnesses— Some Reforms," by Henry Wollman^
Esq ., late of Kansas City.
"Theory of Contact Shots— the Case of Prank N. Sheldon- Its Sequel,'*
by William B, Chisholm, Esq., of Auburn, N. Y.
"How far may Overpressure in Education be Considered at a Factor in
X>egeneration of Nerve Tissue," by Sophia McClelland* of New York.
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RETIRING ADDRESS. 415
**Oorpond Pnniahment for Crime," bj Simeon B. Baldwin, of the Sn-
ffone Court of Brxora, of Connecticut, and other prominent jnriatt and
criminologiata.
. **Tlie Whipping Poat for Wife Beaten," by Rer. Phebe A. Hanaford,
•TNcw York.
*H2QffpQral Pnniahment for Crime," by Rer. Antoinette Brown Black-
widl^ofNewYork.
"HSiriatian Science and the Law," by Moritz EUinfer, Baq., Howard
KDia, Bsq., H. Gerald Chapin, Esq., and John Carroll Lathrop, Baq., all
•r New York City.
''Case of Dreyfna, by Howard Ellia, Baq., and Clark Bell, Baq.
**Fiychological Stndy of Jurors," by Dr. T. D. Crothen, of Hartford.
"Ptogreai of Hygiene and Medico-I^al Surgery," by G. P. Conn, M.
Sl, of Cencord, N. H.
^A Pew Suggestions in Railway Surgery," by Albert Bach, Esq., of
New York.
**I>3ring Dedaxations," by Andrew J. HirMhl, Esq., of the Chicago bar.
^'Physical Fitness of Railway Employes," by R. R. Richards, Esq., of
Chicago, and others.
**FreTention of Premature Burial," by E. Camis, Esq., of Paris, Prance.
All of the papers have been published in the Medico-
Legal Journal and I urge everybody here present to secure
copies of the Journal and read these papers, because their
perusal will afford you a rare mental treat.
The public press has aided us in the circulation far and
wide of the views of the writers of said papers and of the
persons who have discussed them, and our thanks are due
and I hereby, in behalf of the society, tender them, to the
proprietors and reporters of the daily newspapers, for the
dissemination of the valuable and useful suggestions pre-
sented at our meetings. This is no vain glorious self-
adulation, for I do not hesitate to state that those papers
contain the thoughtful utterances of serious men in matters
deeply affecting everyone. Nevertheless to be candid, I
must remark that the interest in our proceedings has not
been commensurate with their importance.
This may be the result of the popular belief that every-
body's business is nobody's business, but the belief is an
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416 RETIRING ADDRESS.
error, and its correction depends upon the awakening to
the truth that experience alone yields. This nineteenth
century has revealed marvelous developments in all di-
rections. Before it expires let us hope to see an evolution
of medico-legal men from mere money making men. I
trust that in the future the study of medico-legal science
will be deemed a necessity rather than a fad. I am satis-
fied that the rays of the sun of science are bound eventually
to pierce and dispel the clouds of ignorance, prejudice and
fanaticism, and when they do, the present medico-legal
crank will be transformed into and be looked upon as a
general benefactor.
In my inaugural address I laid out a plan of work for
our society. This plan has not been entirely carried into
eflEect, not through any fault of mine, but by reason of a
certain apathy on the part of our membership, which I am
told characterizes the membership of most scientific bodies.
I respectfully recommend to my successor in office that
he sees to it that the following of my suggestions be put
into practical operation, to wit :
1. That our society secures suitable quarters for a per-
manent home, and that our library be placed there, so that
members may have access thereto, and that the old reso.
lution adopted many years ago, that every member give
yearly one bound volume on medico-legal subjects, to the
library, be enforced.
2. That we have a section, the province of which should
be the consideration of sanitation and sanitary laws.
3. That a permanent committee on legislation be ap-
pointed to take charge of the presentation to the Legisla-
ture of the memorials and views of this society on proposed
amendments to existing laws and enactment of new ones,
within the scope of our labors.
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RETIRING ADDRESS. 417
Our president elect, Clark Bell, Esq., is a leader among
medico-legal scientists, and we are all satisfied that under
his wise administration of the affairs of our beloved society,
it will prosper and hold its place as the foremost society of
its kind in the world.
I welcome you, Brother Bell, as my successor and hope
that you may be spared to us in health and vigor for years
to come. I congratulate all the officers elect for the en-
suing year upon their election to their respective honorable
positions, and am free to say that with such a staff* of
officers the future of the society looks bright
• In conclusion permit me to thank you one and all, my
colleagues, for the aid you have so graciously yielded me,
and to wish that during the coming year we may realize
our dearest hopes for the advancement of medico-legal
science and the welfare of our society.
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INAUGURAL ADDRESS.
OP CLARK BELL. BSQ., AS PRRSIDBNT OF THE MBDICOLBCAI*
SOCIETY, JAN. 17, 1900
Fellows of the Medico-Legal Society: —
For the honor conferred in again calling upon me to
assume the presidential chair of the Medico-Legal Society
for the twelfth time, and after the lapse of nine years, I can
only return my heartfelt thanks. I confess that I aooept
the place at this time with a profound emotion.
While for many years I have felt the deepest interest is
the success of the body with which I have been idendfied
for nearly one-third of a century, it is more than twenty-
eight years since in 1872 I first assumed the presidential
chair of this body.
Whether we regard the eventful years of the closing
century in its relation to the progress of Forensic medidne
in America, and the relation which this body has borne
since its founding in 1868 to that progress; or whether we
look forward to the years now coming in the near future^
we cannot but feel that this society has borne the greater
part of the burden, in the closing third of the century of
which for the last third it has been the most conspicnons
factor.
It may well be said that the centuries are the mile stones
of human history. If we consider the term of humaa life,
as of about one hundred years, which it is, to quite a few of
the living of everyone of the men of each era, dying at lo©
years of age, who in infancy sat in the laps of the
centenarians who preceded them, we can readily imagine
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INAUGURAL ADDRESS. 419»
how few men, thus touching hands at the opening and
closing of each century, it would take to complete the
chain of those who have lived since Christ was on the
earth at the opening of the era named after him.
A few retrospective glances at the events of the 19th
century in its relation to Forensic medicine cannot fail to-
be of some interest to the members of this body.
It may be for convenience sake divided into thirds^
three periods, or eras of thirty-three years each.
From the period of 1800 to 1833, Porensic medicine was-
at a low ebb in the American states as it was in the Britisb
Island and indeed for the most part upon the continent of
Europe.
Italy may be said to have given this science more atten-
tion and there have been illustrious names in Italy, who
have entitled that land to be regarded on a higher plane^
than any other nation on the continent prior to the I9tb
century.
It was at the close of the first third of the century and
the opening of the second period in 1832 and 1833, that the
beginning of the development of the railway in America
can be dated.
A single line was built in 1829, which was opened in
1830 in the United States, but it was only in 1832, the year
of my birth, that the substantial construction of the easterly
railways began to substitute the locomotive for the packet^
boats on the great canals, and to supercede the stage coach
on the thoroughfares of travel.
Its progress was at first slow and stately. The first rail-
way was opened in 1830 and up to 1848, or near the close
of the first half of the century, only about 316 miles of road
was constructed annually. In 1848 only 5,996 miles of
railway had been constructed. This has enormously in-
Digitized by VjOOQIC
420 INAUGURAL ADDRESS.
creased and on December 31, 1898, there was in the United
States over 186,809 miles of railway constructed.
This may be regarded after the discovery of steam as a
force and motor power, the most important &ctor in the
development of the new world, in the Western Hemisphere;
and it has more than all other factors combined, served to
produce as a result, the nation now so conspicuous in the
eyes of the world, as one of the foremost in its relations to
the substantial development of the race on the whole globct
and this has been substantially accomplished in the second
and third periods of the century.
The name of T. Romesm Beck is the most lustrous
American name associated with the advancement of
medical jurisprudence upon the American continent His
labors were mainly in the first part of the second third of
the 19th century, as he died in 1855.
His writings and his individual efforts, more than o^
those all other Americans combined of his era and day,
may well be said to have kept alive the fires upon the altar
of Forensic medicine in our land.
It was in 1845 ^^^^ ^^^ work of greatest advancement in
England under the elder Tuke, and the Earl of Shaftes-
bury, commenced the reforms as to the care and manage-
ment of the insane, Pinel, in Prance, and Guislain, in
Belgium, laid the foundations for the splendid forward
movements for the amelioration of the condition of the
insane in the British Islands and upon the continent of
Europe.
The work of the Medico-Legal Society has been confined
to the last third of the closing century.
If I were asked to touch lightly on the results of its
labors in the last thirty odd years, with which I am fit-
miliar, I could say that in nothing has its labors been more
marked and successful than the benefits it has conferred
Digitized by VjOOQIC
INAUGURAL ADDRESS. 421
npon the medical profession in the first place, and in re*
moving and modifying the antagonisms that then existed
between the legal and medical professions, and in institu-
ting a better and more agreeable relation between the
two great professions of law and medicine.
Medical men have been taught what their rights were, as
medical witnesses, and their duty as to the minute and
careful study of the science to fit and qualify them to act
as cc^petent medical experts, and the courts have been
educated up to the proper recognition of the rights, powers
and duties of the medical witness.
Contrast the medical witness before the court to-day and
the attitude of the court to him, with the state of the prac-
tice in the same respect in the English courts both now
*and in the past.
In the American courts the medical witness is fully pro-
tected by the judge on the bench. In the English court
the medical witness is often treated with disrespect by the
English bench, so marked that many of the ablest men in
the medical profession in England have refused to go upon
the stand, as a medical witness at all, under any cir-
cumstances.
The Medico-Legal Society has taken an active, honor-
able, and a prominent part in all the leading reforms in
legislation that have touched the relations of medicine to
legislation and the rights of the citizen.
Without attempting to enumerate even a tithe of the
work I will mention a few.
It was the action of the Society, doubtless, more than any
other single cause, in the case of Schoppe, in Pennsylvania*
that not only secured him a new trial but actually obtained
the right of criminal appeal in that Commonwealth to one
convicted of homicide. This body was largely influential
Digitized by VjOOQIC
422 INAUGURAL ADDRESS.
in the reforms in the lunacy statutes of Pennsylvania and*
of New York not only, but in many of the other states of
the American Union.
It has certainly been the most important factor in the
abolition of the gallows in New York and the substitution'
of the electric chair as a punishment for homicides.
It has greatly ameliorated the condition of the insane in
their treatment and in securing the partial and in some
states complete abolition of mechanical restraint in the
public hospitals for the insane.
It has been an enormous factor in that judicial evolution?
which has in many of the American states overthrown and
put out of sight what is known as ^^the knowledge of right
and wrong/^ as a test of insanity in capital cases; and has-
greatly modified judicial sentiment in many of the other
states, so that the homicide who is insane and whose act is
the consequence of an insane delusion which has domi*
nated his conduct, is now regarded as not responsible with-
out reference to his ability to discriminate between right
and wrong as an abstract question.
It has been largely influential in that judicial evolutiot^
which now regards inebriety like insanity, as a disease, and
softens the application of the old rule of the law so that it
may be put upon standards similar to that regarding in*
sanity and in protecting the confirmed inebriate, whose
acts are outside his own volition, against himself, and the
reflex of its action and work in this regard has been felt,
upon the administration of justice in the courts of England..
Its labor and work in the branches of Medico-Legal
surgery, military, naval and in railway surgery cannot be
overestimated, and its future in this department is full oi
promise and bright with the expectation of still higher
successful endeavor.
Digitized by VjOOQIC
INAUGURAL ADDRESS. 42 J
But it is in the whole field of psychology and in the do-
main entrusted to its psychological section of the Medico-
Legal Society that this body has done some of its best
work in the past and has its highest hopes and aspirations
for the future.
A majority, probably, of the superintendents of American
hospitals for the insane in the United States, are on the roll
of its membership and identified with its labor in the field
of the medical jurisprudence of insanity and inebriety.
The other fields of study embraced in and covered by
this section are replete with the good results of its labors
in the past and the composition and domain of this section
will be one of the most prominent fields for the labors of
this body as the years progress.
The attention of the world of science is this year at-
tracted to the Paris exposition of 1900.
It is a source of regret that there will be no congress of
Medical Jurisprudence in Paris nor in Mental Medicine as
there was in 1889.
Both these branches, however, are to be exploited in the
International Medical Congress there, one under the section
of Legal Medicine, under the chairmanship of Prof. P.
Brouardel, one of the honorary members of this society,
and that of Ps3rchological Medicine under the chairman-
ship of Dr. Magnan, one of our most esteemed and honored
corresponding members, and a large number of our Paris
confreres are identified with the various sections of the
International Medical Congress.
The report of the Section of Medico-Legal surgery which
is submitted herewith to-night for the year 1899, and of the
Psychological section for the same period show in detail
the labors of the past year in this direction and point to
the coming century with great force and indicate a
brilliant future for the body.
Digitized by VjOOQIC
424 INAUGURAL ADDRESS.
The great interest taken in the world of science in the
proper treatment of tuberculosis and its relation to the
State as to proper remedial legislation is to come before
this body in February, 1900, when a Congress of Tuber
culosis is to be held for the full discussion of those
problems under the auspices of this Society to which the
specialists in this branch have been invited to contribute
and take part in the discussion which opens a wide field of
usefulness for our labors.
The retiring president, Mr. Albert Bach, has pointed
with a laudable pride to the record of the labors of this
body in the year just passed during his administration.
I take a great pleasure in speaking of the zeal, energy
and fidelity to duty that has characterized for many years
the labors of Mr, Albert Bach in the work of this Society,
No member of the body has been more active, more
zealous, more helpful in upholding my hands and second-
ing my eflForts for the advancement of the true aims and
success of this Society than has Mr. Albert Bach, the re-
tiring president, who for the past twenty years has been
clearly identified with the work of the Society and as an
oflBicer during the most of the time.
The Medico-Legal Journal, which was founded in 1883
and is now closing its 17th annual volume, has been one
oi the products of this body and an enormous factor in its
work.
It is not for me to speak of its merits. The volumes are
an epitome oi its labors and area reliable source to measure
its usefulness.
There is an active membership of the body of about 550
members, a corresponding membership of about 500, and
an honorary membership at this time of 18, exclusive of
a large number on the suspended list for non-payment of
Digitized by VjOOQIC
INAUGURAL ADDRESS. 425
dues, and the members of the section of Medico-Legal Sur-
geryon the present roll is about 125 members, and that of
the Psychological section of about 130.
The future of the Society was never more bright or its
usefulness more universally known and recognized.
I feel some hesitation in again assuming the labors inci-
dent to my high ideals of the duties of this chair in return
for the honor you have conferred upon me.
I again thank you. I hope you will allow me to ask
you the favor of your forbearance for my shortcomings
and your active aid in advancing the standard of Forensic
Medicine entrusted to our keeping into still further ad-
vances and still higher achievements in the year upon
which we are now entering.
Digitized by VjOOQIC
FIRST VICE PRESIDENT'S ADDRESS.
Mr. President, Honorable Guests and Fellow Members of
the Medico-Legal Society: —
Our society, inaugurating another year of social com-
radeship and intellectual emulation, invites its members to
renewed activity in its special studies and labors. Medico-
Legal investigations expand to keep pace with the ac-
quirements of modem surgery and medicines with the results
•of hygenic experimentatibn, the ingenuity of criminals and
the decisions of the courts. It is not enough to acquaint
ourselves with the printed reports of these matters in the
privacy of oflBce or library. Perusal of the works of any
author, if cleverly written, may persuade one to his senti-
ments, but their intrinsic and practical value is only
demonstrated when weighed in the balance of public dis-
cussions, or purified in the fire of critical and conflicting
opinions. Lord Bacon epigrammatically writes in his essay
on studies: ^^Reading maketh a full man; conference a
ready man; and writing an exact man; and, therefore, if a
man write little, he had need have a great memory; if he
confer little, he had need have a present wit; and if he
read little, he had need have much cunning, to seem to
know that he doth not."
The aim and purpose of our organization is the endeavor
to eliminate that which is false from contemporaneous
theories of morals, physics and so-called discoveries, and to
acquaint ourselves with that which is lasting and true.
"Truths are the daughters of Time," and, therefore, im-
mortal. Our meetings unite us in a pleasant social func-
tion and also offer the opportunity for the presentation of
Digitized by VjOOQIC
FIRST VICE president's ADDRESS. 427
individual opinions upon the many problems of our diver-
-sified public and private life, which are far-reaching in
their interest and influence, and which are no more en-
thusiastically endorsed by the multitude of their supporters
than vehemently condemned by those of contrary sen-
timents.
There is no dearth of important subjects for such dis-
•cussions. A years' work might profitably be devoted to
the consideration of the single question — In punishment for
violation of the laws,' what differentiation should be made,
-and how should it be substantiated, between personal
responsibility, popular sentiment, hereditary tendencies
-and hypnotic and criminal suggestion ? This question is
not confined to the limits of a forensic discussion, nor
terminated by the acquisition of personal wisdom, but is to
-enter more and more into legal proceedings and judicial
sentences.
This society properly furnishes the forum in which to
<x>mpare individual opinions and prepare for public pro-
fessional responsibilities.
Therefore, fellow members, let us congratulate ourselves
that the new administration is* directed by a presiding
officer who has achieved reputation by skill in executive
duties and by experience in the professional affairs that
-constitute our particular study, and, as one of the officers,
honored by your selection, I welcome you to these meet-
ings, where you may contribute to the knowledge of
others, and may be yourselves instructed.
GEO. L. PORTER,
Vice President
Digitized by VjOOQIC
ADDRESS OF DR. T. D. CROTHERS.
It is a great pleasure to be numbered among the officers
of this Association, and to have an active part in the great
work of clearing away the superstition and obstructive
theories which have obscured the great questions which
both law and medicine must answer. This Society and its
honored president are opening up a new and very wide
field of study which will be occupied by a vast army of
students in the near future. Some years ago as chairman
of the Section on Neurology of the American Medical As-
sociation, I invited a very prominent physician and teacher
of medical jurisprudence to read a paper on some medico-
legal topic. He declined, giving at some length his
opinion that all such topics were worked out and
nothing new could be said about them. This, to my mind,
was an exact representation of his mental state. He still
lives, but I suspect he is not acquainted with the Medico-
Legal Society or its work ; and I am sure that, like a
belated traveller, he has fallen back in the march entirely
out of sight of the front line of research. I believe the
work of this Society will make the greatest advance
through its Psychological Section. I think this field of
research promises the most complete solutions of the prob-
lems we are confronted with. The great laws of mental
growth and the vast influences which control conduct and
character are the forces we must understand to estimate
crime and its prevention.
Not long ago John Jones was a prosperous merchant in
a New England village. He celebrated his birthday with
a sumptuous dinner, from which he was laid up with acute
Digitized by VjOOQIC
DK. CROTHERS' ADDRESS. 429
dyspepsia. The next day he got into an altercation with
his partner; and vn pped him. Two sympathetic 1 wyers
undertook to redrcbo this injury. On reflection, Jones was
convinced that he had not injured his partner. Hence he
employed two sympathetic lawyers to defend him. A
vigorous battle went on for two years ; and Jones was
bankrupt. The family doctor discovered signs of im-
pending disease and ordered "rock and rye." Another
doctor considered morphia valuable, and taught him to use
the needle. Soon after Jones was a full-fledged inebriate
and drug-taker. His wife died and he started on a weary
tramp. The police judges in the different towns tried
hard to cure him by the ten-dollar-fine and the ten-days-
in-jail treatment This failing, they doubled the penalty,
and finally gave him tremendous doses. Later, Jones be-
came involved in a murder, and it required-five lawyers
and seven doctors and three days time to determine his
irresponsibility. He is now resting in a State asylum
ipraiting to be translated to the hereafter. Such instances
as this would not have occurred had the psychology of
crime and human conduct been studied.
Recently in a noted trial, where, as^ usoal, several good
phjrsicians differed widely <mi the meaning of certain facts,
tbe judge became disgusted. He charged the jury to
ignore the medical testimony, and intimated that it was
abturedly ignorant, and rdieved himself in several de-
structive meer& In the higher court where thii case was
cnnriedi the judges diflfered on the legal Gonstraction of the
Mine dass of facts, and gave dissenting views, three to
kmr. No one was excited, and nodtsgnstor sneer at their
biased^ weak judgment was nttered.
When crinre is understood as disease, with distinct
causes foUdwing uniform laws, which can be traced, this
discordant criticism will disappear. The psychological
Digitized by VjOOQIC
430 DR. CROTHBRS' ADDRBSS.
iside of the medico-l^[al questions will reveal that won-
derful &ct of double personality of motives and conduct
springing from another personality than that which we
have seen or known. Drugs and alcohol totally changing
the man, making a criminal of him, are common illus-
trations in every court Thus, a previously quiet, honest
•man becomes a dangerous criminal. Or a will is pro-
•duced, giving property to a source foreign to all previous
xx)nceptions. Lawyers and doctors shout themselves hoarse
in bitter criticisms of each other in the attempt to solve
these enigmas. When the psychology of such acts are
studied, their can be no mistake. Prom this study we
4ihall find explanations of that large class of men whose in-
telligence we admire but whose moral and ethical brain
we detest: — ^men on the bench, men at the bar, men in the
sick room, men in many responsible positions, holding the
Nearest relations of life in their hands, who are moral
paralytics and defectives with feeble or without ethical
sense of duty and rights and only held in their place by the
thin bonds of society and custom. The legal profession
<x>ndemns doctors as stupid and ignorant on the witness
stand and blunderers in the sick room. The doctors point
out the terrible farce of the lower courts, trying to prevent
-crime by means which actually increase it, and call atten-
tion to the delusion of capital punishment as a deterrent
from crime, and the fatal blunder to regulate conduct, and
to administer justice along some mechanical theories. So
the two professions stand in the early dawn of the coming
century. Bach on a low foot-hill of egotism, criticising
and condemning each other. The Medico-L^^al Society
is the great arbiter tor the coming century. Here we can
unite and join in clearing away the mists and shadows of
the present. The medical expert will become an investi-
gator and adviser of the conditions of disease and re-
Digitized by VjOOQIC
DR. CROTHESS* ADDRBSS. 481
sponsibility, and the lawyer will be an expert adjudicator
of wrongs and counsellor for the prevention of crimes and
losses. The perplexities which now disturb us are all re-
solvable from a clearer knowledge of human culture and
growth and the laws which control life. Medicine and
Law are one in the study of this topic, but, as in other
fields of science, the facts must be gathered above all
theories and pre-conceived notions. The laws of physical
life are unchanging and move with the same uniformity as
the growth of plants. The same influences of climate, of
storm, of night and day, growth and decay, go on with the
majestic sweep of certainty. The jurisprudence of the
future has scarcely been touched. So far we have simply
been clearing away the ground and preparing the way to
enter upon this unknown land, and I am sure that the
coming year will see great advances in this direction. Also
I am certain that our new psychological studies will reveal
many unsuspected facts concerning the disputed questions
which occupy so large a share of our attention.
Our presidentelect, through all these years, both in
season and out of season, has been slowly and surely build-
ing up a monument to his name and memory, more en-
dnring than marble or bronze, which will go far down into
the future. Medical jurisprudence in America, both in its
birth, infancy and growth, will ever be associated with the
name and labors of Clark Bell. The records of thi$ So-
ciety, its Journal and editor, have become a very large part
of. the evolutionary growth of Medico-Legal Science. It is
a great pleasure to welcome Mr. Bell again as the head of
this Society, which has been so largely the creation of his
genius and energy, and we can only add in the paraphrased
words of the old poet, **May he who began this pioneer
march into the new realm of science live long to direct
and guide the enthusiasm and energies of the great army
Digitized by VjOOQIC
432 DK. C&OXHE&S* ADDRBSS.
of Students coming up to occupy it" I am sure that this
Society begins a new era with greater promises than ever,
with brighter hopes oi making greater advances along this
field in the coming years.
Digitized by VjOOQIC
ADDRESS OF H. GERALD CHAPIN, LL. D.,SECRE.
TARY ELECT.
PeUtOw Mbmbbrs op thb MudicoLkgal Society :
When I say that I thank you for assigning to me the
pleasant duty of following in the footsteps of our newly
elected president, as secretary of this Society, I believe that
everything has been said that should be expressed upon an
occasion similar to the present The great Lord Coke has
somewhere observed that to the legal student there is no
kind or degree of knowledge whatsoever, so apparently
vain and useless that it shall not, if remembered, at one
tipne or another serve his purpose. While this quotation
may certainly not be strictly apropos of a subject which,
like medicine, is so closely allied to law that it is difficult
at times to say where one ends and the other begins, yet I
cited it to point the argument that an attorney, who is
naught but a mere compendium of cases and collection of
precedents, is not, and cannot be, a lawyer in the best and
truest sense of the word. The days have passed away
when an attorney devoted his hours of study solely to a
perusal of black-letter tomes and calf-bound digests. We
now exact from the cultured member of the bar that he
shall possess knowledge which, from a strictly logical
standpoint, may perchance be considered as being without
the domain of law, but which, nevertheless, it is necessary
for him to master, in order that he may occupy a position
where the interests of his clients may be adequately pro-
tected. Of such "outside" knowledge the science of
medicine is pre-eminently chief. Consider the infinite
variety of instances in which there may be required, from
Digitized by VjOOQIC
434 H GERALD CHAPIN, LI.. D.
an attorney, a knowledge of such subjects as insanity and
toxicology in all their branches.
Looking at the matter from the. standpoint of the med-
ical practitioner, we can easily appreciate the importance
of knowing something of existing law. While I have the
greatest horror of knowledge of the " Every-man-his-own-
lawyer " quality, I still most emphatically believe that no
physician should be permitted to practice, unless he knows
something of the duties and responsibilities which our
courts and legislatures have seen fit to lay upon him.
'* Every gentleman should know the law," observes Black-
stone (though it is true that another author adds " and the
less he knows of it the better,") aud in no instance can I
conceive of such knowledge being more imperatively de-
manded than in the case of members of the medical fra-
ternity.
Our Society, at the present time, is doing a work of
which every one here to-night may well be proud. Take
three instances: (i) In England to-day there lies in prison
an American woman of refinement who, innocent or guilty,
has certainly not received that full and impartial justice
which it is the aim of our common law to accord. What
nobler work than to struggle for her release? (2) There
exists a body of fanatics who, it is alleged, under the guise
of a religious belief, are refusing to their deluded followers
all medical assistance. Should such practices be restrained?
While many of us believe that the matter is one in which
no lawmaking body may properly interfere, yet it should
certainly not be permitted to pass uninvestigated. (3) The
unheard cry of those thousands who, since the world be-
gan, have suffered the horrors of a premature burial, will
force us to do all in our power to avert the possibility of
such a horror happening to any of our fellow-men.
But I fear that too long have I prevented yon from hear-
Digitized by VjOOQIC
H. GB&ALD CHAPIN, LL. D. 48&
ing the eloquent speakers who are to follow. A well-
known author has made the remark that three things*
should be borne in mind by every one who rises to address
an audience: Have something to say, say it, and sit down*
Though I may have signally failed in the first two re-
spects, the last can at least be complied with.
Digitized by VjOOQIC
REMARKS OF DR. P. M. WISE,
STATE COMMISSIONER IN LUNACY FOR NEW YORK.
Mr. President, Ladies and Gentlemen :
I feel more like apologizing, than epigrammatizing, for
a remissness in attendance upon the meetings of this So-
ciety, one which has created such an enviable reputation for
good, progressive work. This annual meeting of the last
year of the century, is like the last wakeful hour of the
day to the methodical man. He reviews the work before
him for the coming day, and mentally emphasizes the
more important duties awaiting him. In like manner this
Society should review the social problems which it will
bear a great relative pArt in solving. They are
many and important, and it would be presumptuous to
attempt a reference to them all in this superficial way.
But surely it is evident that the curbing oi heredity, as a
degenerating factor of prime importance, and related to it,
some regulation of marriage, is a necessity for the preserva-
tion of a desirable human standard. Whether education
will serve the purpose, or the sovereignty of state must
lay its heavy hand upon individual liberty of selection,
will depend upon the digestion of progressive data by
such expert tribunals as this. Then, too, the great quest-
ion of the disposal of human driftwood — human vegeta-
tion ? How can the Divine commandment be harmonized
to euthanasia when the time comes, not far distant now,
whcfn society will no longer willingly bear the great bur-
den which is yearly growing in arithmetical proportions?
Take the insane, for instance. An increase of nearly one
hundred per cent, in a quarter ot a century, dependent
Digitized by VjOOQIC
DR. P. M. WISR. 437
upon public care ! Where will it end ? How can it be
modified? What other disposal than human care to a
great inert mass for which no hope exists ? You will all
bear your part in these great discussions, but you should
lead. Let the Society carve for itself a prominent niche
in the apex of the pyramid of higher education, and un-
cover its light to the public, and thus become a world's
great teacher. Clark Bell, the president elect, has built in
this Society an enduring monument, and a Ceictor for great
good. There are few, if any, social questions that do not
have a medico-legal bearing, and the possibilities for good
work for the Society are unsurpassed. It will reap all the
liarvest, if cultivation is persistent, for the soil was well
prepared, and the seeding was perfect If a suggestion is
permissible from so new a member as the speaker, I should
recommend an increased allotment of time to the discus-
sion of timely subjects, rather than quite so much time
given to formal papers. An essay, summing up the results
of discussion, would be more fruitful than its introduction
of subjects. I thank the Society for its confidence and the
honor it has shown me.
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ADDRESS OF THOMAS G. FROST, ESQ.,
ASSISTANT LIBRARIAN ELECT.
To THE Members of the Medico-Legal Society :
In thanking you for an election to an official position in
this body, it seems not inappropriate to express publicly
my appreciation of the value such an organization as the
Medico-Legal Society is, to all those who feel a deep and
abiding interest in the study of forensic medicine. To its
intelligent leading in the past, is undoubtedly due much
of its satisfactory progress that has been attained in the
science itself. That its future will show even greater and
more satisfactory results, is at once the belief and wish of
your newly elected Assistant Librarian,
Digitized by VjOOQIC
ADDRESS OF MISS JOSCELYN.
Miss A. Laura Joscelyn acting as Secretary of the So-
ciety and Secretary of the Executive Committee of the
Psychological Section, one of the newly elected officials,
being called upon, by the chair, said:
Mr. President and Fellows of the Medico-Legal Society
aud of the Psychological Section. I am so wholly unused
to the discharge of the duties which your kind favor has
conferred upon me, that I hesitate to leave my position as
a listener and as a student, which I have hitherto held with
so much pleasure and I hope profit.
To the subjects within the province and domain of the
Psychological Section I have given most of my study and
attention and these certainly come nearer to my ideals of
what the higher work of the society should be. I quite
agree with Dr. Crothers in giving the studies of this sec-
tion most prominence in the work in which the usefulness
of its labors are the most conspicuous and helpfu .
I think you will agree with me in extending here a trib-
ute to that splendid student, and I may say master of Psy-
chological science, Mr. Thomson Jay Hudson, for the con-
tribution he has made in his first masterly work "The
Law of Psychic Phenomena."
I have read it not only with the greatest pleasure, but it
has been to me, in my progress in the field of Psychologi-
cal Science as a lamp to my feet, and a guide to my steps.
When I consider the names of those enrolled as active
students of these themes and the intense enthusiasm and
energy shown in the labor by all here, I can only join
with those, Mr. President, who predict for your adminis-
tration in the coming year still higher achievements than
those of the past
Digitized by VjOOQIC
REMARKS BY EXJUDGE A. H. DAILEY,
aX-PRKSIDBNT MBBICO-LHGAL SOCIBTY.
Mr. President, Ladies and Gbktlbmbn:
'' The King is dead, long live the King." Although this
is a seeming paradox, yet, when the li£e of the old monarch
ebbs out, the incoming king ascends the throne, and, in a
sense, the king never dies. As our ex-president, Mr. Badi,
retired from the chair, you, Mr. President, were inducted
into the honorable and important office which you now
hold. The occasion is one remarkable in many respects.
In so far as human history has recorded the works of man,
we are living in the closing days of the most remarkable
century since the advent of man upon the earth ; and yet,
the dawning light of the coming age is auspicious with
indications of advancements far transcending anything
that man has yet accomplished, in dealing with nature
and nature's forces, and in revelations concerning man
himself. We are only on the threshold of knowledge,
which has been considered impossible of attainment, be-
cause it was supposed to be concealed from mortals, and
only accessible to the gods.
Mr. President, the Society of which you are now the
head, has done its share in the past, and surely it will in
the future do more to advance the world by medico-legal
efforts. How little the great majority of mankind knows
of what has been done, and is being done, by law and med-
icines as sciences, for its protection ! Surely, upon an oc-
cation like this, with less than five minutes in which to
speak, I cannot enter upon a discussion of the numerous
methods, and the results which have followed the efforts in
various directions, which if here declared, would more
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JULGE A. H. DAILKY. 441
than justify the assertion that law and medicine are to-day
the most important professions in the civilized world.
They stand for life, health, happiness, liberty, justice and
equality.
Notwithstanding wars existing between nations, law
and medicine lessen many of their horrors. Notwithstand-
ing oceans divide nations, we realize that nations must
enter into international compacts to stay the spreading of
diseases, and the ravages of plagues, which, but for law
and medicine, would carry away millions upon millions of
the human race.
Mr. President, the opportunity is afforded you, and I am
sure the duty could not have devolved upon another so
able, to assist in bringing about wise, united and vigorous
action among the representatives who will meet in Medico-
l^egsl Congress at Paris, at the World's Great Exposition,
this year, tending to still further lessen the sufferings of
those forced into wars, and which will also tend to bring
such united action among nations as shall prevent those
liabits of life among barbarous and semi-civilized people,
which engender those diseases which have so cruelly af-
flicted the human race from the earliest times. I mention
these as being matters of supreme importance, well know-
ing that others of great moment will call for careful con-
sideration.
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ADDRESS OF EX-PRESIDENT HON. JACOB F.
MILLER, OF THE NEW YORK BAR.
Ex-President Hon. Jacob F. Miller, being called upon
for remarks by the President, said :
Allusion has been made to my early connection with
this Society. I was a member from the beginning, but
regret that I have been unable to do more for its interests.
During its existence the Society has done much good.
It is capable of doing much more by keeping pace with
the advance of sociological studies.
That people are learning better how to live, is evident
fix)m the tables of mortality, which show an increased
average in the duration of human life. ' In this respect
the physician can be of vast service to us in his advice re-
garding the care of the body.
But the greatest progress in the human race must be
along the line of the psychological, the spiritual. In trac-
ing the order of development in the world, a regular
gradation upwards is found. Starting with the atom, we
find chemical affinity, the attraction of cohesion, the attrac-
tion of gravitation, and after due preparation the lower
forms of vegetable life, the higher forms of vegetable life,
the lower forms of animal life, the higher and more com-
plicated forms of animal life, man in his lower degree of
development, man physical, man mental, man spiritual.
Each succeeding step is one higher, and the last subordi-
nates what precedes.
Along the line of development we find animals. They
need food, and they take it if they can. They need drink,
and they ask no questions.
If it is necessary to kill in order to assuage their hunger
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HON. JACOB P. UlhhBR. 443
or quench their thirst, they kill. If they have tear of other
animals or man, they accomplish their object by stealth.
In that they do such acts as constitute crime in man, in
order to sustain their life. No one blames them for it, for
it is according to their nature. They have no moral na-
ture and feel no restraints. Why should they? They act
up to their best light. If man had only an animal nature,
that is, a physical and partly developed mental nature, he
would be a greater animal and could accomplish more than
the other animals, but he would feel no restraint or obligation
to respect the rights of others. He would take what he
could get or want, and by such means as lay at his disposal,
and no one could blame him, for he would have no higher
nature, nothing which could operate by way of restraints.
But to the animal were added, in man, a power to appre-
hend truth as truth, which we call reason, and a spiritual
nature, which apprehends right and wrong — moral distinc-
tions. To him the acts of the animal, in disregarding the
rights of others, are wrong. Still he has the animal within
him, impelling him in the direction of the animal. A con-
flict exists between the animal on the one side, and the
nature which apprehends truth and recognizes moral and
spiritual obligations on the other. As the power to appre-
hend truth and moral and spiritual obligations are last in
the order of development, they are highest in the series
and subordinate, or should subordinate, all the lower pow-
ers and functions.
The problem for humanity is so to develope the higher
nature so as to control and subordinate the lower. To com-
pel their subordination in some degree is the function of
human law. To induce men to recognize it and vol-
untarily observe it, is the office of religion. It is obvious
that the future development of the race must be along the
line of the psychological, the spiritual, and the best work
of this Society will be along the same line.
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REMARKS OF CORRESPONDING SECRETARY
HON. MORITZ ELLINGER.
Accustomed, for the last quarter of a century, to respond
"Ready!" whenever I hear the tintinabulation of the
melodious voice of our ** Bell," I will, in a few words, try
to say something of the wonderful changes which mark
the dividing line between the dying and nascent century.
To me it seems that the most marked feature is our grow-
ing sentiment of humanity. We have become more hu-
mane. We have hedged in our criminal procedure, the
criminal who has taken human life either for the purpose
of robbery, or revenge upon a rival, or from intensity of
passion, with a network of protecting legal subterfuges,
that his conviction becomes, in many cases, a mere ques-
tion of chance. If convicted, we have provided for oppor-
tunities of appeal to higher courts, that when the last
stage has been reached and the final decision has been ren-
dered, which decrees the forfeiture of the life of the mur-
derer, our humanity steps in again. We must spare the
condemned convict the suffering incidental to the sudden
cutting off of the life forfeited to justice, of the possible
pain which he may endure ; that is, we must minimize the
time in which he has to pass from this world into eternity.
We must not hang him, that consumes too long a time
before his consciousness is annihilated, we resort to elec-
tricity— and this Society had much to do with the intro-
duction of this humane mode of execution, which reduces
the suffering to a time infinitesimal. Ladies of course go
farther in their sentiment of humanity, they even send the
convict bouquets of sweet-smelling flowers, that his last
hours may become as aromatic as possible.
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HON. MORITZ BUJNGBR. 445
We look on with indifference to the indiscriminate
slaughter of the innocents by faith-curists who mock and
laugh at the victory of science smd the progress of knowl-
edge. To be humane means to be tolerant that, under
cover of religious faith, canting women and ranting, irre-
ligious religionists may laugh at our laws of ethics smd
morality .and pray people to death as the most God-pleas-
ing way of passing to Paradise. It is all our humanity.
But my time is up. Let me therefore say in conclusion,
that an advanced humanity is the basis of this Society.
The study of the human mind is the most intricate problem
which the student of nature, the medical scientist and the
student of law can jointly seek to solve. It will never be
solved, but in the wake of our continued researches we
will encounter principles that lift us higher in the scale of
humanity, we will better and improve social morality and
contribute toward a htttii realization of the mission we
have on earth, trusting to a merciful and loving Provi-
dence for the chart that will be made known to us in the
next world.
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REMARKS OF HENRY WOLLMAN, ESQ., COUN-
SELLOR ELECT.
With due solemnitiy I accept the important office of
*' Counsellor,*' to which you have elected me. Notwith-
standing the fact that I am forced to confess that I have
no conception of just what the duties of that office are, I
am willing to admit that I am fully able to fill and per-
form them ; I shall not put you to the proof in that
behalf ; I admit it.
I assume that the able and highly capable president
(Mr. Bell), with the aid of the secretary, will conduct this
society, and that the remainder of the officers will really
be merely ornamental, and again I am willing to make an
admission, for I admit, and t presume that the other
officers join with me in that admission, that we are highly
ornamental.
If it is a part of the duties of the counsellor to give coun-
sel, then I would counsel you to discuss practical subjects in
a practical businesslike way, so as to make this society a
power and a force, the influence of which will be felt by
real results wrought, and important reforms accomplished.
It is, of course, much pleasanter, in making a speech, to
display the beauty of the flower and spread the fragrance
of the rose than it is to get out a sledge hammer and strike
hard blows — ^but the flower fades, the rose withers and the
fragrance quickly dies away, and in this society we must
do something real and substantial that will not vanish
into space.
Until within a comparatively recent period, nobody was
expected to make a speech, or was credited with the
ability to make one, except the lawyers and the preachers,
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HKNRY WOIXMAK, KSQ. 447
but that is changed now. The thing that strikes one in
this society is that the physicians are just as good talkers
as the lawyers. While oratory is said to be in its decline,
yet genuine oratory is not The most flowery and ornate
speech should really have but one legitimate object, and
that is to change sentiment and to crystalize it into action.
The present day speakers consume less time, they put less
fringes and lace on the garment, but they accomplish more
that is substantial. While the sky rocket talker and the
rainbow painting orator, have passed away, we find not
only in this society, but in other of the present day
societies, conducted by successful men and women, that
not only lawyers and physicians, but nearly all educated
laymen think logically on important subjects, and express
their thoughts tersely, clearly and distinctly.
I hope that the number who take part in the active
work of this society will increase steadily, and that our
society will never be an aggregation of idealists and
dreamers, but an organization of men and women of
action, whose words will be the bugle call to battle for
important reforms where wrongs are to be righted and
changes are needed to be made.
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THE LAWYER AND THE DOCTOR.
MARY ELIZABETH LEASE, JANUARY 1 7, I9OO.
Mr. President, Members of the Medico-Legal Society,
Ladies and Gentlemen : Standing in the presence of men
and women whose names are a part of the history oi this
imperial city, and whose deeds have been recognized by the
leaders of public opinion as a decisive contribution to the
progress of the race, I feel that for me to attempt even a
brief address, would be a direct exemplification of the old
saying that "Fools rush in where angels should fear to
tread." Yet in the presence of this assemblage there is an
inspiration to thought that is well-nigh irresistible.
The " Doctor and the Judge " are strangers, and yet not
strangers. They are at once not only our nation*s strength,
our future's dream, and the hope of times unborn, but they
are old and well-remembered friends. The doctor we re-
member for his pills ; the lawyer for his bills. And we
remember, too, — ^no, we do not remember, the poet tells us,
and the poet in this instance was also an M. D., — Dr. Oli-
ver Wendell Holmes says :
" When first we blinked in the sudden blaze,
Of^the daylight's blinding lurid rajn,
And gasped in the gaseous groggy air,
Oar friend the Doctor was waiting there."
From that time till this he has helped us stem the end-
less stream ot gastric ills and peristaltic woes. To forget
him would be ingratitude indeed ; we may forget to pay
the doctor's bills, or take the doctor's pills, but we can
never forget the doctor.
Paid or unpaid, he deserts us not till the preacher and
old Ecclesiastes raise their song of lamentation over " The
loosened cord, and the broken bowl." The disciples of
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MARY BLIZAB9TH LBASB. 449
materia-medica, like stem warriors, battle bravely against
a noiseless, viewless foe, whose breath is deadlier than shot
or shell. Their victories, as well as a large per cent, of
their victims, are bloodless. They have unrolled the sto-
ried gospel of the human body and restored Reason to her
usurped throne. With Truth*s cohorts they stride over
the fields of human error, and by the light of Science catch
the gleam of far-off summits to be won. Their law is the
service of humanity: their motto is, " Our duty is to save."
There are many points of similarity, as well as dissimi-
larity, between doctors and lawyers. Both very frequently
belong to the old school of medicine in their loquacity,
• while both belong, at times, to the new school, the " Ho-
meopathic," in their sagacity. On one essential point they
differ : the lawyers never take what they give, and the
doctors never give what they take. Our acquaintance with
the lawyer begins somewhat later in life than our acquaint-
ance with the doctor, but is none the less interesting on
that account He is closely woven in our memory with
the foreclosure of mortgages, the transfer of stocks, the
signing of bonds. Without his help we grope and stum-
ble, for the fierce virus of ancestral sin runs riot in our
blood, and passion and crime follow ever in the footsteps
of man.
The Healer's brow must ever wear the nation's honors ;
but upon that pillar raised by martyr's hands, the pillar of
Civilization, we must look to the lawyer to rekindle and
keep brightly burning the flame of Justice.
The hand of medicine soothes the tired brain, restores
the wasted body and baffles the encroachment of disease.
The hand of law upholds the nation, builds the scaffold-
ing of man's integrity, and renders strong the structure of
society. Combined they are stronger than the myriad
swords of mighty armies. Upon their wise deliberations
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450 MART BUZABBTH LBASB.
and profound utterances depends the upliftment of the
race, and the solution of human problems. And we feel
sure that —
" Bmblem and legend thmll fade from the portal,
Keyitone and pillar may cmmble and faU ;
Bnt ye are the bnildera whote work it immortal,
Crowned with the glory that never thaU pall.*'
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MICROSCOPY.
REPORT OF MOSES C. WHITE,^M. D.,
MICROSCOPIST,
OF NEW HAVEN, CX)NNECTICUT, DECEMBER 1899.
In reviewing the progress of microscopic research for
medico-legal purposfes, the past year, it is interesting to
notice first improvements in the microscope itself. Al-
though the microscopic objective, by the application of the
Jena optical glass, has attained almost an ideal perfection
for resolving fine lines and details of infinitely small ob-
jects when seen in the centre of the field of view, still the
curvature of the field, want of flatness, remains about the
same as it was at the great battle of the experts, Dr. Wood-
ward and Dr. Treadwell, at the Hayden trial in New
Haven, in 1879.
Blood corpuscles seen in the centre of the field are still
seen more sharply defined than those in the border of the
field, while those seen in the border of the field are larger,
less distinctly defined, and the dark ring on the border is
thicker, allowing less accurate measurement than corpus-
cles in the centre of the field. As yet opticians seem to
r^;ard this as an imperfection almost insurmountable.
The same difficulty occurs in the use of the microscope to
project images of small objects on the screen.
But during the last few months Spencer, of Buffalo, has
constructed eyepieces for the microscope that considerably
obviate this defect and flattens the field. For several years
Zeiss, Leitz and Reichart have made compensation eye-
pieces which greatly improve the definition of the objec-
tive in the centre of the field. Zeiss has at length, during
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462 MICROSCOPY.
the past year, made other improvements in two new forms
of eyepieces. Watson & Sons, of London, noting that the
color correction and spherical aberration of no two objec-
tives are exactly alike, has made from the Jena glass, by
new formulae, a new eyepiece, adjustable to correct de-
fects in diflferent eyepieces. Certainly the new eyepiece
gives a wonderfully clear and sharp definition and at the
same time comes very near to giving a flat field and sharp
definition in the centre and in the borders of the field at
the same time.
During the past year also Reichert, of Vienna, has un-
dertaken researches and experiments to greatly improve low
power objectives after a plan introduced by the writer in
his mammoth microscopic objective 20 millemeter focus
with aperature 0.95 N. A., made at his order by Bausch &
Lomb in July, 1898.
In a recent trial at Middletown, Conn., in the case of the
State vs. Hough, for the murder of Chadwick in July last,
the microscope furnished important evidence. A red stain
on a stone, found at the scene of the homicide, was shown
by the microscope to be covered with corpuscles in all re-
spects similar to those of human blood, while mingled with
the blood corpuscles were a few hairs like the hair on the
murdered man. Both these discoveries, and the coinci-
dences of the two, gave convincing evidence that the stone
in question had been used to make certain scalp wounds on
the head of the deceased.
Although Prof. Ewell, Medico-Legal Journal, Vol. X,
page 201, has questioned the possibility of deciding that
any hairs examined, or blood corpuscles recovered from a
stain, are human, yet when blood corpuscles exactly like
those of a man and hair similar to those of a man are found
in the same stain it is hard to doubt that both are human.
Thus, notwithstanding possible doubt in some cases, the
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MICROSCOPY. 453
value of the microscope in medico-legal cases is clearly
demonstrated. The use of the microscope for the identifi-
cation of crystals of arsenious acid, (white arsenic,) though
not giving absolute proof, as shown in a recent case in
New Jersey, continued to be used as an important aid in
diagnosis in cases of poisoning. In the case of State of
Connecticut vs. Mrs. Anderson, charged with the murder of
her husband by administering rough on rats in coffee,
where he died in twelve hours after taking the fatal dose,
several hens died in the yard -where he vomited. In the
crop of one of these hens an octagonal crystal having all
the appearance of arsenic was discovered and identified by
the microscope; and chemical analysis confirmed the diag-
nosis given by the microscope. In the body, stomach,
liver and kidneys of the murdered man arsenic was ob-
tained by chemical analysis, and crystals obtained by
Reinsch's test where shown by the microscope to have the
octahedral form of arsenious acid. Thus the microscope,
though not alone sufficient to prove the presence of arse-
nic, adds an important link to the chain of testimony
which proves the presence of arsenic in case of poisoning.
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RHODE ISLAND.
EARLY JUDICIAL HISTORY.
BY CLARK BELL, ESQ., LL. D., OF NEW YORK CITY.
The royal patent, by an ordinance of the lords and
commons in Parliament assembled on November a, 1643,
constituted Robert, Earl of Warwick, Govemor-in-Chief
and Lord High Admiral of Providence Plantations and the
islands, and named a commission to aid the said Earl of
Warwick, and the royal patent provided for the establish-
ment of a government which covered the exercise of
judicial powers for the colony.
A copy of this patent and the charter granted by Kii^
Charles II. to ** Rhode Island and Providence Plantations,**
in 1663, were the basis of judicial power so far as it could
be conferred by the English crown.
Vide Barnes' Charters and Constitutions, Vol. a, pp.
1594-1595-
Arnold says : " Rhode Island was first settled in 1636,
by Roger Williams and other immigrants, who had suf-
fered persecution in Massachusetts and who established at
Providence * a pure democracy,' which for the first time
guarded jealously the rights of conscience by ignoring any
power in the body politic to interfere with those matters
that alone concern man and his Maker."
In 1651, after the patent of 1643, ^^^ some years before
the royal charter was obtained, the English government
claimed the right to appoint a governor for Rhode Island
and Providence Plantations, with a provincial council to
be elected by the free-holders and accepted by himself.
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RHODB JSmm) BAKLY JUDICIAL HISTORY. 466
After the restoration an agent was sent to England who
obtained the rojral charter from Charles II.
The judicial powers of the colony was derived from this
charter.
Notwithstanding the Revolution of 1776, and the action
of Rhode Island in that struggle and her relations to the
government of the United States, it is worthy of notice
that there was no written constitution in the state of
Rhode Island after she became a state until as late as
184a, when she first adopted a state constitution. This
constitution was framed by a convention which met at
Newport, September la, 184a ; adjourned to Bast Green-
wich and completed its labors, November 5, 184a.
It was submitted to the people November a 1-33, 184a,
and ratified 7,03a votes in favor, and 59 against
Rhode Island was the only state of the American Union
which proceeded after the formation of the government ot
the United States without a written constitution.
Rhode Island passed a Declaration of Independence oi
its own May 4, 1876, two months before the greater Decla-
ration of American Independence.
Rhode Island was governed after the American Revolu-
tion under an unwritten constitution. The theory of the
government of Rhode Island was that ^^ Sovereignty is and
remains in the people."
The elementary principles that had been followed in
Rhode Island under the charter of King Charles of 1663,
had formed, with the principles of the English common
law, an unwritten law akin to the common law of England
in these American states, who had not changed the English
common law by legislation, so that not only judicial but
all powers in Rhode Island after 1776, were exercised
under an unwritten constitution until 184a.
The courts under the unwritten constitution of Rhode
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456 RHODB ISLAND BARLT JUDICIAL HISTORY.
Island held to this doctrine of the "Sovereignty of
the people,'' and in the most famous Rhode Island case
of Trevett v. Weeden^ the Supreme Court of Rhode Island,
by a judicial decision, set aside an act of the Legislature of
the state as void and unconstitutional, in 1789, when
Rhode Island had no written constitution and was gov-
erned by an unwritten constitution. The forms that had
been engrafted into Rhode Island procedure under tfae
charter of 1663, for more than a century of use, had
become established, and after the charter was superseded
by the American Revolution, its influence and policy were
retained by the people of Rhode Island as a part of their
unwritten constitution, under the powers that are vested
in the people as the source of sovereignty.
The judiciary of Rhode Island was under the charter of
1663, to the American Revolution and after that under
the unwritten constitution of the state until the constitu-
tion of 184a, was framed and adopted.
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NEW HAMPSHIRE.
EARLY JUDICIAL HISTORY.
BY CLARK BELL, ESQ., LL. D., OF NEW YORK CITY.
The grant made November 7, 1629, by the president
and council of New England, to John Mason and the
supplementary grant from the same to the same April 22,
1635, made what has been regarded as the authority of
law for the settlements in New Hampshire.
These claims were based on the grants made by King
James to the New England Company in the eighteenth
year of his iFeign, on November 3d.
Before these grants were made to John Mason, several
small grants of land, located within the present limits of
the state of New Hampshire, had been made by the
'* Plymouth Company," in England, to diflferent persons.
The settlements, however, sought the protection of
Massachusetts, in 1641, and enjoyed it until 1675, when
Robert Mason, a grandson of John Mason, obtained a
royal decree under which, four years later, a colonial gov-
ernment with a president, a council, and house of bur-
gesses were established. But no charter was given to the
colony and its government was only continued during the
king's pleasure.
The royal commission is dated as of 1680 ; it passed the
final seal September 18, 1679, ^^^ ^^^ ^^^ S^ ^^^^ effect
until the next year.
The language of this commission as to judicial powers
is " for ye president and council and their successors for
ye time being to be ^r constant and settled court of record
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458 NEW HAMPSHIRB EARLY JUDICIAL HISTORY.
for ye admtnisiration of Justice^ all our subjects inhabUcU'
ing within the limits aforesaid in all cases as well criminal
as civil/'
The first constitution of New Hampshire was framed by
a convention or " congress," which assembled at Exeter,
December 21, i775) in accordance with a recommendation
from the continental congress, and completed its labors
January 5, 1776. This constitution was not submitted to
the people.
The constitution of 179a, was passed by a convention
which assembled at Concord, September 7, 1791, and com-
pleted its work September 8, 1792, the people meanwhile
having ratified the constitution at the polls.
The amendments to the constitution of 1792, ratified
in 1852, and in 1877, do not change the judicial powers or
duties of the courts.
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GEN. JAMES M. VARNUM.
1787-1798,
Supreme Court of the Territory of Ohio.
From advance sheets Supreme Court 0/ the States and Provinces 0/ North America,
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OHIO.
EARLY JUDICIAL HISTORY.
BY CLARK BKLL, ESQ., LL. D., OF THE NEW YORK BAR.
All the territory now embraced in the state of Ohio was
originally claimed by the state of Virginia, as a part of her
territory under the province of Quebec before the Revolu-
tionary War, composed of all the lands east of the Missis-
sippi River, north of the Ohio River, and west of Pennsyl-
vania.
The Legislature of Virginia, on December 20, 1783,
passed an act authorizing its cession to the United States
upon condition that it should be formed into states.
The states of -Connecticut, Massachusetts, and New
York had laid claim to jurisdiction over portions of this
territory under the colonial charters, and these claims
were also ceded to the United States.
The cession by Virginia was formally made March i,
1784.
On July 13, 1787, Congress passed an ordinance provid-
ing for tlie government of the territory northwest of the
Ohio River, and in 1788, the Virginia Legislature passed
an act of ratification.
In 1789, Congress passed an act to provide for the gov-
ernment of the territory northwest of the Ohio River, and
on May 7, 1800, Congress passed an act dividing the north-
west territory into two separate governments, creating the
territory of Indiana out of the western part of the north-
west territory.
On February 3, 1809, Congress passed an act dividing
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460 OHIO BARLY JUDICIAL HISTORY.
Indiana territory, thus created, into two separate govern-
ments, and created the territory of Illinois out of the
western part of the same, and established its capital at
Kaskasia, on the Mississippi River.
On April 30, 1802, Congress passed an enabling act,
providing for the people of the eastern portion of the
territory of Indiana to form a state government, and for
the admission of such state into the Union, on an equal
footing with the other states.
On November i, 1803, a Constitutional Convention was
held at Chillicothe, which sat until November 29, 1863,
and passed a state constitution, which was not submitted
to the people for ratification, which provided for a judicial
system for the state of Ohio.
On February 19, 1803, Congress passed an act recogniz-
ing the state of Ohio as one of the states of the American
Union.
On May 6, 1850, a Constitutional Convention met in
Columbus, adjourned July 7, 1850, to December and, and
completed its labors March 10, 1851.
This constitution was submitted to the people and
ratified by vote of 126,663 in its favor, to 109,699 votes.
This written constitution created a supreme judicial
power in the Supreme Court
Under the territorial governments, prior to the state
constitution, the acts provided for the administration of
the law.
The following is a list of the judges of the Supreme
Court of the state of Ohio, under the state constitution,
and those who sat upon the supreme bench under the
territorial government, prior to the admission of Ohio
into the Union.
Digitized by VjOOQIC
Digitized byVjOOQlC
EX-JUDGES SUPREME COURT OF OHIO.
Hon. Rufus P. Spalding. Hon. Franklin J. Dickman.
1848— 1852. 1886— 1896,
Hon. John McLean.
1815— 1818.
Hon. Allen G. Thurman. Hon. Rufus P. Ranney.
1852—1856. 1850—1856. 1862— 1864.
From advance sheets Supreme Court of the States and Provinces of North America.
Digitized by VjOOQIC
LIST OF THE JUDGES OF THE SUPREME COURT
OF OHIO.
TERRITORIAL JUDGES.
1787-1798. James M. Vamum 1788-1798.
1 787-1 790. Samuel H. Parsons 1790-1803.
1787- John Armstrong 1 795-1799.
1787- William Barton 1798-1803.
1788-1798. George Turner
John Cleye Sjmmes
Rufus Putnam
Joseph Gillman
Return Jonathan Meigi.
STATE JUDGES, UNDER THE CONSTITUTION OP 1802.
1803-1808. Samuel Huntington 1830-
1803-1808. Return Jonathan Meigs 1830-1831.
1803-1809. William Sprigg 1830-1831.
i8o6-i8ia George Tod 1840-1831.
1804-1810. Daniel Symmes 1832-1846.
1809-1815. Thomas Scott 1830-1835.
1809-1810. Thomas Morris 1 829-1 836.
1810-18x5. William W. Irwin 1830-1845.
1810-1818. Ethan Allen Brown 1836-1844.
1815-1830. Calvin Pease 1842-1849.
1816-1822. John McLean 1842-1848.
1816-1821. Jessup Nash Conch 1846-1651.
1821-1826. Jacob Burnet 1848-1851.
1823-1829. Charles R. Sherman 1849-1851.
1819-1852. Peter Hitchcock 1851-1856 ;
Elijah Hayward
John M. Goodcnow
Gustavus Swan
Henry Brush
Reuben Wood
John C. Wright
Joshua Collett
Ebenezer Lane
Frederick Grimke
Matthew Birchard
Nathaniel C Reed
Edward Avery
Rufus P. Spalding
WiUiam B. Caldwell
1862-1865. Rnfus
Ranney.
STATE JUDGES, UNDER CONSTITUTION OF 1851.
1852-1854. William B. Caldwell 1872-1873. William H. West
1852-1859. Thomas W. Bartley 1873-1874. WiLiam F. Stone
1852-1854. John A. Corwin 1874-1877. Geoige Rex
1852-1856. Allen G. Thurman 1875-1880. William J. Gillmore
1851-1856; 1862-1865. Rufus P. 1877-1881. W. W. Boynton
Ranney 1878-1885. Jdhn W. Okey
1854-1855. Robert B. Warden 1880-1886. William W. Johnson
1854-1856 William Kennon 188/-1883. Nicholas Longworth
1854-1859. Joseph R. Swan 1883- ... John H. Doyle
1856-1871. Jacob Brinkerhoff 1883- William H. Upson
1856- Charles C. Convers 1883-1887. Martin D Foflett
1^6-1858. Ozias Bowen 1883-1889. Selwyn N. Owen
1856-1872. Josiah Scott 1885-... . Gibson At herton
185S-1863. Milton Sutliff 1885- William T. Spear
185^1864. WUliam V. Peck 1886- Thaddeus A. Minshall
185^1863. William Y. Gholson 1886-1895. Franklin J. Dickman
1863-1865. Horace Wilder 1887- Marshall J. Wi liams
1864- Hocking H. Hunter i889-i9oa Joseph P. Bradbury
1864-1883, William White 1892- Jacob F. Bnrket
18^1875. Lnther Day 1894- John A. Shanck
1865-1878. John Welch 1900- William Z. Daris.
1871-1886. George W. Mcllvaine
Digitized by VjOOQIC
SUPREME COURT OP OHIO. 462
SUPREME COURT. FIRST COMMISSION.
1876-1879.
JodAh Scoit, William W. Johoaoo,
ThM. D. Wright, RichAid A. Haniaon,
Henrj C Whitman. Luther Day.
Thomaa Qo^^^ AahDnm,
SUPREME COURT, SECOND COMMISSION.
1883-1885.
Moaea M. Granger, George K. Naeh.
Franklin J. Diounan, Charlei D. Martin,
John McOraley.
rNoTB.~In aecnring the data for the sketchea and portndti of the
Jndgea of the Supreme Court of the atate, eapedal thanks are due, beaidea
the membexa of the preaent bench, and to Judge Conway W. Noble ;
to Bz-Judge Franklin J. Dickman; Ez-Ju^ Selwyn N. Owen;
•General Waeer Swayne, of New York City ; CoL Wm. A. Taylor, of
Columbus: Edgar B. Kinkead, Esq., of the Columbus bar; Mr. little-
ton, custodian of the Ohio Society of New York ; J. A. Corwin, Esq., of
Chicago ; Judge Wm. R. Day, of Canton ; Horace W. Puller, Esq.,
editor of " The Green Bag ** ; P. Tecumseh Sherman, Esq., of New York
City ; George Brinkerhoff, Esq., of Mansfield ; Hon. S. R. Harris,
of Bucyrus ; Edwin Gholson, Esq., of Cincinnati ; E. B. Convers, Esq.,
of the bar of New York City ; Judge Cos, of Glendall, Ohio ; Josiah
Morrow; Frank N. Beebe, Esq., Liorarian SUte Law Library; E. O.
Randall, Esq., Secretary State Historical Society of Ohio, and many
others.
I am indebted to Mrs. Colgate Hojrt for the loan of a miniature of
Judge C. H. Sherman, the father of General Sherman ; to Mrs. Luther
Day, for the portrait of her husband.
The Biographical Cyclopedia and Portrait GtUery of Ohio, by J.
Fletcher Brennan, published in Cincinnati, in 1879, has been of gruit
serrioe, as has been the new work of Col. Wm. A. Taylor, of Columbna,
Ohio, on the officers of that state.]
Digitized by VjOOQIC
MEDICO-LEGAL SURGERY.
A880CIATS BDrrORS.
•fms^llte P. Coiuu M. D»Ooacord, N. H. Oafetice A. X4glitner.BfQ.. Detroit, ICleh*
K. Harvey Reed, M. D., Wjoming. Judge Wm. H. Pnacu, New Yofk.
MkliolMSeBii, If. D., aOago. m. HSlk. p. OrlaneU, M. D., BarUagtoa, TL
Webb J. KeUcy, M. D.. Galkm, Ohia
TUs department is oondttcted as the organ of the Section of
the Medical Jnrisprudenoe of Surgery of &e Medico-Lq^ So-
ciety. Its officers fi>r 1^900 are as follows :
Chief SnrgeottCharlee K.Cole, M.D., of Helena, Montame.
LEGAL, Vie^OuLirmm, SURGICAL. Vict^Chmirmm,
dark BelLJUq., of New Yofk. Ch. Surg W. ▲. Adama, of Ft Wofth. TtK.
Iwiwt W. fl. PTaada, of New Yofk. Ch. Surg. F. H. CaldweltM. D.. of Fla.
Hon. J. W. Fellowa,of N. H. Ck. Sar.OraaTmeP.Coaa.M.D..ofN. E^
Hon. W. C Howell, of Iowa. Ch. Surg. W. B. Ontteia. M. D., of Mlaaoofi.
. J. W. Fellowa,of N. H. Ch. Sar.OraaTmeP.Coaa.M.D..ofN. H.
. W. C Howell, of Iowa. Ch. Surg. W. B. Ontteia. M. D., of Mlaaoofi.
Prof. A. P. GrioaeU, M. D., of Vermoiit Surgeon Geo. Chailee, if. D., of Brooklyn.
Hon. A. R. Parmenter, of Troy, N. T- Ch. Btng. B. P. Bada, M. D., of Texas.
Hon. George R. Peck, of nUnois. Ch. Surg. John S. Owen« M. D., of Chkaga,
Hon. J. M. Thurston, of Nebraska.- Surg. Gen. R. Harvey Reed, M. D.. of Wy.
Jndge A. H. Dailey, of Brooklyn. N. T. Surg. Gen. Nlcholaa Senn, M. D.. of 111.
Hmi. Allen ZoUera, of Indiana. Ch. Snrg. S. S. Thome, M. D., of Ohiow
StCf'ttBtjf, TVwamfvr.
aaik Bell, 9^-* 99 Broadway, N. T. Jndge Wm. H. Prands, New York dty.
99 Broadway, N. Y.
BxgcuHvt CommiUm.
Clark Bell, Ssq., Chairman.
Surg. Thomas DarUngton, M. D., of N. Y. Sur.R.S.Parkhill,M.D.,of Homelsfille,N.Y.
L. S. Oilbett, Bsq., Pittsburg, Pa. Sur. PayetteHTPeck, If. D., of Utica, N. Y.
Rs-Ch. Sur. Geo. Goodfello#, M. D.,OaL Chief Sur. T. I. Pritchard. of Wis.
Surgeon J. N. Hall, of Denver. Colo. R. C. Richards, Baq.. of Chicago, IlL
Chief Snrg. A. C Scott. M. U.. of Texas. Ch. Surg. P. A. Stillings, M. D., of N. H.
Judge A. K. Daliey. of Brooklyn, N. Y.
To Rmilway Surgeons and Railway Counsel:
We take occasion to advise you to unite with the Section of
Medico-Legal Surgery, which can now be done by an annual
subscription of $1.50, entitling each member to the Medico-
Legal Journal free.
G. P. CONN. M. D., ABRAM H. DAILEY.
MM'Ckmtrwuin Secti&n Med,'Ltg, Surgiry. BX'Prttidtnt Mtdico-Ltgal Soci^y 0/ Ntm
York,
S^MUBL S. THORN. M. D., J. a MURDOCH, M. D,.
Ck9^Smrg€on T., St. L. ^ K, C. RaOmay Surgton and Ex-Piresident NmHonml A»m-
C»^ BjS'Frttident National Associatiam datum 0/ Railway Surgiont.
RaawmySmrgeont. r HARVEY REED. M. D..
R. S. H ARNDEN, M. D., Surg^ Genial ofStaU of Wyoming,
Mm-ProoHtni N«m York State AssoeiationHVBBAKD W. MITCHEL, M. D.,
RaHmmy Surgeons. Ex-FretidaU BrieEx'FresidotU Medico-Legal Society of New
Mmihmr Smrgeons. York.
Members of the Section on Mtdioo-Legal Surgery, who baye not re-
mitted their annnal gnbacription to the Section, will please send same to
Judge Wm. H. Francis, No. 39 Broadway, N. Y., and members will please
not confonnd the Section Dnes with the Annnal Dnes of the Society,
which should be remitted to Clark Bell, Esq., Treasnrer, t9 Broadway,
New York City. Members of the Society or Section wiU please propose
names for membership in this Section.
It is proposed that members of the Sociebr and Section each donate
one bound Tolnme annually to the Library of the Medico-Legal Society,
by action of tbe Executiye Committee.
The foUowing new members of the Section are announced : Surgeon
1. U Bddy. M. D., President N. Y. State Asso. Ry. Surgeons, Olean, N.
Y.; Surgeon C. B. Herrick, M. D., Secy, N. Y. State Asso. Ry. Surgeons,
Troy. N. Y.; P. T. Labadie, JUL D., 149 East 56th Street, N. Y. City; R.
C Riduuds, Gen'l Claim Agt, Cbic & N. W. R. R., Chicago, UL
Digitized by VjOOQIC
SECTION OF MEDICO-LEGAL SURGERY— MEDI-
CO-LEGAL SOCIETY.
ANNUAL REPORT— January i, 1900.
To THB Fellows op th« Section of Medicx> Legal Sur-
gery AND OP THE Medico- Legal Society :
The domain and province of the Section is defined by the
following standing resolution :
Resolved^ That aU qaestions in medico>legal surgerj are to be deemed
within the scope and province of the Section on Railway Snrgery, indnd-
ing, especially, military and naval surgery, and the broad domain of
surgery in its relation to medical jurisprudence.
The Section is intended to embrace, besides naval, military,
and railway surgeons and counsel railway managers, railway
officials, whether lawyers or surgeons ; many of whom have
already united with the body, and who are eligible to member-
ship under the statutes of the Society.
Three members of the Executive p)mmittee constitute a
quorum, and five of the Borad of Officers of the Section.
The work of the Section during the preceding year has been
devoted to the advancement of the science of the me^lical juris-
prudence of surgery in all of its branches. The papers con-
tributed upon these branches of science have been in part pub-
lished in the Medico- Legal Journal, which is the official orgsui
of the Section.
The following is a resume of the work of the Section during
the year :
"Phy«ieiaiis — Expert Witnesses: Som/e Reforme." By Henry
W oilman, Esq., Counsellor at Law, New York.
'Theory of CJontact «hots." By W. B. Chisholm, Esq., of Au-
burn, N. Y.
**May an Unlicensed Physician Testify as a Medical Expert?"
By the Editor.
**The Limit of Fees in Neiw York to Assigned Oonnsel in Crimi-
nal Cases." By the Editor.
**Medioo-Leg'al Surgery at the Paris International Congress.** 3y
the Editor.
''International Association of Bailway Surgeons.'* (1899.)
''Hospital for Army Consumptives.**
"Onn fihot Wounds of the Abdomten.**
Digitized by VjOOQIC
MBDICOI.KGAX SURGERY. 466
"Seot&OQ of BadlTvay Snr8rery.---TFaii8a(9tlon8 of Joint Meeting
itith Medioo-Legul Sociefty." Pa^re 301 Medico-L^ral Journal.
'^Special Goimmittee on Bailway Surgery Anxiliaiy to the Paris
International Medloal Congress of 1900 Announcement.'* Page
302 ib.
'The Pliyaical Htnese of the Baalway Employee from the Ocu-
Mot's and Auriat'e Standpoint." By Josepih A, White, A. M., M. D.,
of Ridhmond, Vs.
*A Few ^nggestione in Baiiway Sui^gery." By Albert Bach,
Esq., of New York.
"Physical Fitnoss of Railway Employees." By B. C. Richards,
Esq., Genei^al Claim Agent of the Chicago & Northwestern Rail-
way Company.
'Tbe Progress of Hygiene and danitatian in all Matters Relating
to Railroads." By Granville P. Conn, M. D., of Concord; N. H., Di-
visiion Superintendent of the Boston & Maine Railroad.
'Thysical Examination of Railway Emptloyees from a Medico-
Legal Standpoint." By L. L. Gilbert, Esq., Aastotant Counsel of
the Pennsylvania Railroad, Western Division, Pittsburgh, Pa.
DSscussion of these papers by Dr. C. B. Henick, of Troy, N. Y.;
Henry WoUmaoi,, Esq., of the New York Bar; Clark Bell, Esq., of
the New York Bar; Dr. J. Mount Bleycr, of New York; Dr. Carle-
ton Simon, of New York; Dr. Geoirge ChafPee, of Brooklyn, N. Y.
TraDsacions of the New York State AssodiatJon of Railway Sur-
geons, with Dtociiilop,
The foUowiog officers arc recommended for re-election for 1900 :
chairman.
Chief Surg eon Charlet K. Cole, M. D.. of Helena, Mont.
LEGAL. Vu€-Chairwun. SURGICAL. Viee^C^airmam,
Clnrk Bell. B»q.. of New York, Ch. Snrg. W. A. Adams, of Ft. Worth, Tex.
lodge W. H. Pf ancia, of New York. Ch Surg. P. H. Caldwell, M. D., of Pis.
BoiSl J. W. Pellowa, o« N. H. Ch. Sarg. GrauTiUe P. Conn, M. D.. of N.K.
Hon. W. C Howell, of Iowa. Ch. Snrg. W. B. Ontten, M. D., of St. Look.
ProC A, P. Grinnell, M. D., of Vennont. Surgeon Geo. Chaffee. M. D., ot Brooklyn.
Hon. A. R. Parmenter, ol Troy. N. Y. Ch. Snrg. B. P. Bads, M. D., of Texas.
Bon. George R. Peck, ot niinois. Ch. Surg. John B. Owen, M. l>., of Chicago.
Hon. J. M. Thurston, of Nebraska. Surg. Gen. R. Harvey Reed. M. D., of Wy.
Jodge Abram H. Dailey. Brooklyn, N. Y. Surg. Gen. Nicholas Sena, M. D., of 111.
Hon. Allen Zollers, of Indiana. Ch. Surg. 8. a Throne, M. D., of Ohio.
Secrttaty, Trfsurtr,
Clark Bell, Bsq., 19 Broadway, N. Y. Judge Win. H. Prancis, New York City.
39 Broadway. N. T.
ExteuHve CommiiUe.
Clark Bell, Bsq., Chairman.
8«rg. Thomas Darlington, M. D., of N. Y. 8ur.R.8.Parkhill.M.D.,ofHomelsWUe,N.Y*
U & GUbert, Esq., PUttfburg, Pa. Sur. Payette H. Peck. M. D.. of UtksLN.Y*
Bx-Ch. Surg Gea Ooodfellow. M. D., Cal. Ch. Snrg. J. P. Pritchard, M. D., of Wis.
Svnreon J. N. Hall, of Denver, Col. R. C. Richards, Bsq., of Chicago, UL
Svrgeon J. N. Hall, of Denver, Col. R. C. Richards, Bsq., of Chicago, UL
Chief Snrg. A. C. Scott, M. D., of Texas. Ch. Surg. P. A. "'"^^ -^ ^ ^c ^
Jodge A. H. Dailay, of New York.
The JoUowing is tbe present
BOLL OF MEMBEBS.
Surgeon H. B. Allen, Qoquet, Minn.
Surgeon E. L. Annis, M. D., La Porte, Ind.
Surveon W. O. Branch, M. D., Bunkie, La.
ClaAc Brtlt Bwi., of New York, 0
Hon. 0. H. Blackburn, of Cincinnati, Ohio.
Digitized by VjOOQIC
466 HBDICO-LEGAL SURGBRY.
Sargcofn 8. GroTer Burnett^ IL D^ of MiMOuri.
Surgeon T. J. Bennett^ M. D^ of AuAtin* Texas.
Surgeon S. Belknap, M. D., Big 4 System, Niles, Mich«
Surgeon W. H. Burland^ M. D., Punta Qarda, Fla.
Charles L. Baxter, Esq., Atty £1. B. B., Boston. Mass.
Surgeon George Chaffee, M. B., of New York.
Surgeon D. W. Cowan« C. N. B. B. A S. P. A D., Hinckkj, lOnn.
Chief Sur. G. P. Conn, M. D., of C<moord, N. H.
Chief Sur. Chas. K. Cole, M. D., of Helena, Hon.
Surgeon Martin Cavana, of Oneida, K. Y.
Col. E. Chancellor, M. D., of Missouri.
Surgeon James H. CalTin, M. D^ of Huron, O.
Chief Surgeon Cbm. H. Oaldwell (Plant Systcon), Way Cboss, Qa.
Surgeon P. C. Coleman, M. D., Colorado, Texas.
Surgeon B. Peroey Crookshank, M. D., Bapid City, Manitoba.
Judige John F. I>illon, of New York.
Judge A. H. Dailey, of Brooklyn, N. Y.
Surgeon J. M. Dinnen, of Fort Wayne, Ind.
Surgeon C. M. Daniel, M. J>^ of Buffalo. N. Y.
Surgeon F. E. Daniel, M. D., of Texas.
Surgeon H. W. Darr, M. D., of Caldwell, Texas.
Surgeon Thos. Darlington, M. D., N. Y. City.
L. £. Dickey, Esq., Birmingham, Ala.
Surgeon A. Eyer, M. D., of Qeveland, Ohio.
Chief Sur. B. F. Eads, M. D., of Austin, Texas.
Basrg9(m Jn». L. Eddy, Eiie By. Surgeons, Oleaiu N. Y.
Hon. Josei>h W. Fellows, of Concord, N. H.
Judge Wm. H. Francis, of No. 39 Broadway, N. Y.
Surgeon W. Fox, M. D., of Wisconsin.
Chief Sur. J. C. Field, H. A D., Denison, Texas.
Surgeon De Sassure Ford, M. D., of Augusta, Ga.
Surgeon. A. L. Fulton, M. D., Kansas City, Mo.
Chief Suraeon J. H. Ford, M. D., C. W. & M. Bailway, Wabashjnd.
Surgeon 8. L. M. Foote, M. D., Argentine, Kansas.
Col. D. D. Fowler, M. D., Tjaiukin, Texas.
Sur. William GoTan, M. D., of Stony Point, N. Y.
MaJ. A. C. Girard, M. D., San Francisoo, Cal.
Surgeon G. GraTes, M. D. Heridmer, New York.
Prof. A. P. Grinnel, M. D., Burlington, Vt.
Chief Sur. Geo. Goodfellow, M. D., of California.
Surgeon W. N. Garrett, M. D., Forney, Texas.
Hon. William C. Howell, of Keokuk, Iowa.
Surgeon G. P. Howard, M. D., of Texas.
Surgeon K. S. Hamden, M. D., of Waverly, N. Y.
Surgeon J. N. Hall, M. D.« of Denyer, Col.
Surgeon J. L. Hall, M. D., FairhaTen, N. Y.
Surgeon M. B. Hubhs, M. D., Addison, N. Y.
Surgeon John E. Hannon, Jasper, Fla.
Surgeon N. deV. Howard, M. D., Sanford, Fla.
Surgeon John H. Hurt, M. D.« Big Springs, Texas.
fiurgeon C. B. Henick, M. D., 6cy. N. Y. State Ass. By. Soiigeoiis,
Troy, N. Y.
Surgeon L. C. Hicks, M. D., Burlington, Wis.
Surgeon F. S. Hartman, M. D., 5 Blue Island avenue, Chicago, HI.
Surgeon B. P. Islan, M. D., Ocala, Fla.
Chief Surra>n W. T. Jameson, M. D., of Texas.
Dr. H. Jc^nson^ Surg, at Hospital, Grandin, Mo.
W. J. Kelly, Esq., of New York.
Surgeon C. B. Kibler, M. D., of Corry, Penn.
Sur. A. P. Knapp, M. P. Bailway, Leoti, Kansas,
fiurgeon B. E. L. Klnoaid, Bonham, Texas.
Chief Sur. N. Y. Leet, M. D., of Soranton. Pa.
Digitized by VjOOQIC
MXDICO-LBGAI. SURGERY. 467
fiurgeon I.C. Legare, M. D., of DonaJdaon, La.
Burgeon J. A. Lightfoot, M. D., Texarkana, Ark.
Burgeon C. F. Leslie, Clyde, Kanaaa.
Burgeon William Mackie, M. D., of Wiaconsin.
Bux^eon W. H. Meyers, M. D., Myersdale, Penn.
Chief Surgeon Solon Marks, Milwaukee, Wis.
Chief Suiv. W. H. Monday, M. D., Terrell, Tex.
Burgeon H. W. MitcheU, M. D., of New York.
Chief Surg. H. McHatton, M. D., of Macon, Qa.
Chief Surgeon John Mears, Eanaaa City.
Chief Surg. J. C Martin, P. H. W. A W. Pindlay, O.
Surgeon J. W. Miller, M. D., of Chicago, 111.
Buigeon A. A. McLeod, M. D., of Michigan.
Surgeon J. B. Murphy, M. D., of Chicago, HI.
Burgeon William B. Morrow, N. Y. O. A W. B. B., Walton, Dela-
ware Co., N. Y.
Burgeon W. H. Monday, Terrell, Tttxaa.
Burgeons McQoud and lodges. High Spring, Fla.
Judge J. G. McCarry, Walker. Minn.
Chief Surg. W. B. Nugent^ M. D., Oacalooaa, Iowa.
Burgeon M. B. V. Newcomer, Tifton, Ind.
Burgeon B. S. 0*Connell, M. D., of Cato, Wis.
Chief Sur. W. B. Outten, of St. Louis, Mo.
Chief Sur. J. B. Owens, M. D., of Chicago, HI.
Hon. George B. Peck, of Chicago.
Burgeon C. H. Perry, M. D., of Oneida, N. Y.
Surg. B. S. ParkhiU, M. B., of HomellsriUe, N. Y.
B. A. Parmenter, Esq., Troy« N. Y.
B. L. Pritchard, Esq., M. D.,.N. Y. aty.
Surg. T. P. Bussell, M. D., of New Oshkosh, Wis.
Bur. Genearal B. Harvey Beed, M. B., Wyoming.
Burgeon J. T. Beere, M. D., of Appleton, Wis.
Sui^eon I. A. Bitchey, M. D., of New York.
B. C. Bichaixto, Bsq., N. W. By., Chicago^ HI.
Burgeon C. L. Stiles, M. B., of Oswego, N. Y.
Burgeon B. M. Schofield, M. B., of Jamestown, N. Y.
Chief Surgeon C. A. Smith, M. B., of Tyler, Texas.
Chief Surgeon F. A. Stillings, of Concord, N. H.
Bur-Gen. Nicholas Senn, M. B., of Chicago, 111.
Burgeon H. B. Sauner« M. B., of Wisconsin.
Chief Surgeon A. C. Scott, G. C. ft S. F. B., Temple, Texas.
BuTveon Samuel B. Smoke, M. B., Fort White, Fla.
B. W. Shufeldt, M. B., Medical Corps U. S. Army, Washington,
B. C.
Hon. John M. Thurston, Omaha, Nebraska.
Chief Sur. S. S. Thorn. M. B.. of Toledo, O.
Burgeon A. A. Thompson, of Waxaeaclin, Texas.
Chief Sur. J. F. Valentine, M. B., of Brooklyn, N. Y.
Judge L. B. Watts, of Portsmouthi, Va. ^
Surgeon B. F. Wilson, M. B., of Slater, Mo.
Burgeon C. S. Ward, M. B., of Ohio.
Sur. H. J. Williams, M. B., of Georgia.
Chief Surgeon Webb J. Kelly, Seo'y. Nat. Academy of By. Surgeons,
GaHon, Ohio.
Surgeon J. B. West, M. B., Bichmond, Ind.
Kelson W. Wilson, M. B., 53 7th St., BufTftlo, N. Y.
Judge Allen Zollars, Solicitor P. B. B., Fort Wayne, Ind.
BespectfuUy submitted,
GLABE BELL, ChairmAn and Seo*y.
NOTEL— The oiBcers recommended by the Committee, were duly
eleoted by the Medioo-Legal Society at Jamuary Meeting, 1900.
Digitized by VjOOQIC
PSYCHOLOGICAL.
This Department is conducted with the following Associate
Editors:
Judge Abimm H. pailey, Brooklyn, N. T. R. T. Nunn, M. D., Savannali, Ga.
Prot. A. A. D*AncoiUL, San Franciaoo» Cal. A. B. Osborne, M. D., Cal^
}{. 8. Drnjrtoa, M. D., N. T. Jas. T. Searcey, M. D., TuscalooMu Ala.
M. Bllinger, Bm.. N. Y. City. U. O. B. Wingate. M I*., Milwankee, Wla.
Dr. Ha^ock Blila, I/>ndon. Prof. W. Xavfer Sudduth, Chicagoi. ni.
ThomMn Jay Hudaon, Baq., Wash., D. C. Wm. Lee Howard, M. D., Baltimore, Md.
as the organ of the Psychological Section.
The Psychological Section of the Medico-Legal Society has
been organized, to which any member, Active, Correqx>nding
or Honorary, is eligible on payment of an annual enrollment
fee or dues of $1.50.
Any student of Psychological Science is eligible to unite with
the Section without joining the Medico-Legal Society on an
annual subscription of $1.50, payable in advance and receive
the Mbdico-Lbgal Journal free. The officers for 1900 are
as follows:
Chairmuinj
Pkof. W. XAVIBB 8UDDUTH, OP Chxcaoo, Ilz^
LEGAL AND SCIENTIFIC, MEDICAL,
Vict-Chairwufu Viu-CkairmeH,
Clark Bell, Biq., of New York. Jamea R. Cocke, U. D.. of Boston. Maaa.
Rev. Antoinette B. Blackwell. of N. Y. T. D. Crothera, M. D.. of Hartford, Conn.
Harold Browett, Baq , Shanghai, China. P. B. Daniel, M. D., of Auatin, Tcxaa.
C Van D. ChenoweUi, Worcester, Bfasa. H. 8. Drayton, M. D., of New York.
Judge Abram H Dailey, of Brooklyn. Wm. Lee Howard, M. D., of Baltimore. Md.
koiriU BUinger, Bsq.. of New York. HenryHulst, M. D., Grand Rapids. Mich.
RcT. Phebe A. Hanaford, of New York. Prof. Thomas Bassett Keyea, of Chicago.
Thompson Tay Hudson, Bsq.,W8sh*n, D. C. R. J. Nnnn, M. D., of Savannah, Ga.
Sophia McClelland, of New York. A. B. Oibome, M. D., of Glen BUen. CaL
- . ... _. - _ Y Searcy, M. D., Tuscaloosa, Ala.
t. O. B. Wingate, M. D., Milwaukee, Wis.
Mrs. Jacob P. Miller, of New York. Jas. T. Searcy, M. D., Tuscaloosa, Al
17. O. B. Wingate, M, ~ "- ^
Mrs. Mary I<ouise Thomas, of New York.
Secretary and Treasurer,
CLARK BBLL, BsQ., OF Nbw York.
Executive Committee,
CLARK BBLL, BsQ., Chairman.
A. LAURA JOCBLYN, OP Nbw York Cxtt, Secretary.
M. BUinger, Bsq. Judge A. H. Dailey. Geo. W, OroTcr, M. D.
Carlcton Simon, M. D. Ida Traffbrd Bell. H. W. Mitchell, M. D.
Digitized by VjOOQIC
PSYCHOLOGICAL SECTION OF THE MEDICO-
LEGAL SOCIETY.
ANNUAL REPORT. JANUARY i. 1900.
To THE Fellows of the PbtcuolooicalSeotion andof the Med-
ioo-Lboal {Society.
Tbe following fnibjects are within tlie Domain of Studies pur-
•oed by the Section:
1. The Medical JmisprudeniCe of Insanity.
2. Inebriety, Heredity and Sociology.
3. Criminality €uid CMminal Anthropology.
4. Kenrtal Suggestion, and especially of Physicians as to
Clinical Snggestion and Thierapentic Hy^oriB.
Experimental Pssroiiology.
7. Clairvoyanoe.
8. Facts within the Domain of Physical Research, including
inrestigation into so-oalled Modem Spiritqalism.
The work of the Section for the year, since the laat Annual Re-
port, may be suonmarized as ^>lkywv:
The following papers, addresses and articles have been con-
tributed to the Section during the year 1899:
^'Instant Death by Decapitation an Impossibility According to
Biologioal Analysis." By J. Mount Bleyer, M. D., of New York.
''Resohitiions on Memorial to the English Home Secretary on
Gase of Florence E. Maybrick." By Clark BeU, Esq., of New York.
''Besohitions on Insanity and Crime." By Rev. Phoebe A. Hana-
lord, of New York.
^^Beaolutions as to Sex in the Convmission of Crime." By the
SzedstiTe Canmi^ttee of the Society.
*18ex in PanMunent for Crime." By Clark Bell, Esq., of New
York.
''Annual Beport of Psychological Section for 1898." By the Vice
CbairmAn of Section.
'TChe Criminal Treatment of the Insane." By W. H. 8. Monck,
Esq., of Iftie Dublin Bar.
'Double PersonaUly." By Wm. Lee Howard, M. D., of Balti-
more, Md«
"The Ankerioan Ooremment and People and the English Home
Becretary.'* By dark Bell, Esq., LLJO., of New York.
"Asti-Vecdnation in England." By the Editor.
'mie Case of Mrs. Place and Goyemor BooscTelt." By Clark
Bell, LLJ>.. of New York.
"Onmsel for Hospitals for tbe Iiwane." (By the Editor.
"How fBT may Orerpressure in Educaticm be Considered as a
Digitized by VjOOQIC
470 nrcHOLOGicAi^
of Hevr ToKk.
'XtepcMl PMkfcmwit for CHse." Bj Jvdf^ aneoB S. Bald-
wfn, of fte Ou|Mcme OofoK of CommBcHcaL
'^The teme Subject.'* Bj Clark Bell, LLJ>^ of Hew YoKk.
"VUmm of auae Solijeet.'' Bj On^ Jivtiee Ghvles B. Lore, of
IMmwmn; Chmnnrllnr Jofan 8. Ni^olaoB, of DelswBre; Jvdge J. G.
Oniiilii, Omacme Ooort of Bdaimre; Jofan 2«blui, Oilef of Poliee of
fViliirfiirtco, Delafwue; ODmmtedoncr Sdwud FbfHer. of LmtcI.
Deiswwe; finmiel B. Dsvies, Baq^ of BiduDood, Va.; Jno. O.Sbori-
«4 of CUea^o^ HL; Z. B. Broekwmj, Etaq^ of Ekniim BefoniM-
t087, 9. Y.; Fisak lioM» Iteq^ SK^eaperfntendcBt Fbttoe» Nevr York;
Judge Oaenee & Keade. of Neir York; Hon. Wm. P. Leiekipurtfa,
of Kew Yoric; Dr. )L B. LcfPetaon, of Kotr Yotk; Jofan O. WiBiainnt
of JteTTlaiKl; Geoii^ B. GaitlMr, Jr^ of Baltimarew Hd.
•^The Whtppbig Foai for Wifm Bantera** By Ber. Ffaoebe A.
Hanafbrdy of liow Yoik.
•XJorporal PonMiment for Oima.** Bj- Bar. AnMnetIa Browm
BteckweD, of Vtm Yoric
''PrellminaTy Bepori Haybriek Memorial Oommittee.**
"UgMa of American Oiris who Maarj Tonkgn&n^^ Bj Clark
BcH, LI«J>.
•^IHe CiUztnatip of lire. Haybriek.** By Oaxk BeO, UiJ>.
*n^ Gaae of Breyfoa.** By ilie Editor.
"^Chriatfaui Selenee and the Law.** By Hon. Morits Emnger.
aame Babject by Howard Ellia» Baq^ Carol Iforton, C. 8. H., of
Kerw YOTk, John Ourol Lafbiop, C. 6. B^ and H. Gerald Chapin*
Jflaq.
Tharai^haaia.** Bj Hart Vance, Biq.
Beport of Cosmnfttee of I>degatea to the Seventh Intemataon-
al Congreas on 4ha Aboae of AloohdUc Drinka.** By Chaa. H.
Bhepard, M. B.
''Ihe Grinftnal Appeaxanee.** By Clark Ben, LLJ>.
''CHminal Lunatica in England.** By Sir MatUiow White Bidl^.
*The American AnxiBary Committee to Ihe Section of Medical
Jurisprudence,** of the Paris International Medical Congreas of 100(k
TThe Priaon System of England and America Contrasted.**
'rrhe Caae of Dreyfos.** By Claric Bell. TJ«.T>.
'TTbe Life and I>eath of OoL Bob^t IngeraoQ.** By the Editor.
"A Psychological Study of Jurore.** By T. D. Crothers, M. D., of
Hartfovdy Conn.
Trematnre Burial.** By B. Camia, Esq., of Paris; H. G. Gaiv
riflroes, M. D., of N. Y.; Claric Bell, Eaq^ of N. Y.; H. Gerald Chap-
in, Esq., of N. Y.; Dr. Garleton Simon, of N. Y.; Henry Morriaon,
Esq., of N. Y.
The Officers of the Section recommended for re-election for 1900 are
as follows :
Paop. W. XAVIBR 8UDDUTH, opChicaoo, Iu..
Digitized by VjOOQIC
PSYCHOI.OGICAL. 471
ViU-Ckairtiun, Viee-Chaimun.
LEGAL AND SCIENTIFIC. MEDICAL.
CUrk Bell, Bm}., of New York. James R. Cocke, M. D., ofBotton. MtM.
Ker. Antoinette B. Blackwell, of N. Y. T. D. Crothers^ M D., of Hartford, Oonn.
Harold Browett, JSaq., Shantrbai, China. P. B. DanieL M. D., oi Austin, Texas.
C Van D. Ctaenowetn, Worcester. Mass. H. 8. Drasrton, M. D., of New York.
Jndge Abram H. 2>ailey, of Brooklyn. Wm. I,ee Howard, M. D., of Baltimore, Md.
If orlts Bllinser, Bsq.. of New York. HenryHolst, M. D., Grand Rapids, llich.
Rer. Phebe A. HansJord» of New York. Prof. Thomas Bassett Keyes, or Chicago.
Thomson Jay Hudson, Esq., Wash*n, D. C. R. J. Nunn, M D.. of Savannah, Ga.
Sophia McClelland, of New York. A. E. Osborne, M. D , of Glen Bllcn, CaL
Mrs. Jacob F. Miller, of New York. Jas. T. Searcy, M. D , of Tuscaloosa, Ala.
U. O. B. Wingate, M. D., Milwaukee, Wis.
Mrs. Mary I«ouise Thomas, of New York.
Secretary and Treasurer^
CIrARK WBHX,^ Esq., of Nbw York.
Executive Committee,
CI#ARK BELlf, Esq., Chairman.
A. I^AURA JOCEI^YN, OF Nbw York, SccreUry.
•f . snfiifer, Esq. Judge A. H. Dailey. Gea W. Graver, M. D.
Garlcton Simon. M. D. Ida Trafibrd Bell. H. W. Mitchell, M. D.
nie Standing Ooonmittees i^eoommended ftnr 1900 are sa foUowB:
Tblxfatht, Modsbn Spibitualism, <&c. — Judg^ AbranL H. Dallejt
Brooklyn, N. Y., Cbairmaa; Thomson Jay Hudson, Eaq^ Waddn^
ton, D. C; Sophia McClelland, New York; B. J. Nmin« M. I>«, of
Savannah, Ga.; C. Van D. Chenoweth« Shrewsbury, Mass.; Ursula
K. Gesterfleld, of Chicago, HI.
BXPBOMKRTAI. FSTGHOIXMST AKD FiBTCHICtAL Bbbkabok.— Fiof . W.
XsYier SodcNrtii, of Cbicago, GhaJmnAn; Geo. W. Gn>yer, M. D., Sbef-
iMd, Msss.; Frof. Harkyw G^ale, of Minneapolis, Minn.; Ptof. B. T.
Ukridge, M. D., of Denver, CoL; Jndge Abraan H. Dailey, of Brook-
lyn, N. Y.; Mr. dark Bell, of New York City; Mr. Albert Bacb, of
lf«w York City; J. Monnt Bl^er, M. B., of N. Y. OHy.
MoBBW FBTCBOLDeT.— Winism Lee Hxmsrd, M. D., "BmMmoft^
Md.; T. D. Olotbeni, M. D., HartdBord, Oonn.; Ftof. €. H. HturiMS, of
fit. Iionte, Mo.; Osrletan l^mon, M. D., of N. Y.; B. Sanger Srowne,
M. D., ChkMgo, SBaota.
HTPifonsM.-^. B. Drmyton, M. D., New Yoik City, CSialnn«n;
Jiunes B. Cocke, M. D., Boston, Mass.; T. D. Crothers, M. IX,
9!Krtford, Oonn.; ThomBon Jay Hndson, Bsq., Washington, D. CL;
Wm. Lee Howard, M. D., Baltimore, Md.; Thos. Bassett Keyes,
of Chicago, IlL; Clark Bell, Esq., New York C&ly,
(PIbtoho-Thkrapeutiob.— *J?kiof . A. A. d'Ancona. Obairmaii, Sail
IVaaeisoo^ OaL; Henry 8. Drayton, M. D., N. Y. Oily; Bose de Vanx
Boyer, SackriUe, N. B.
mhe Woanan^i Oommittee of tbe SeeOoii is oooniposed as follows:
OOMMXTTKB OF WoMxir.— OsnoUne J. Taylor, Chairman; M.
Loidse Thomas, C. Van D. Qienowetth, Boealie Dailey, The Coun-
tess BsMlid di Molse, Sophia McClelland, Ida Traflord Bell, Ber.
Antoinette Browne Blaelnnrel], Lanra A. O. Miller, Ber. Fhebe A.
Hansford, Florence Dangerfield Potter.
Every member of the Society is eligible to men)A>exship in the
6eetioii» as also liie wives of members of the Sodety.
The annual Daes of the Section are $1.50, enititling the membeni
to Ihe Medico-Legal Journal free.
Tlie Seetkm is open to all Stnlents of Psych61ogioal Science.
There have been three deaths dnzihg the year:
WaHaoe C Andrews, whose terrible death by fire with every
of his fMi^ an will recall; Dr. a B. W. McLeod, M. D.,
Digitized by VjOOQIC
472 PSYCHOLOGICAI,.
«K-Preeident odf the Medico-Legal -Society, and Prof. Elliott Ooues,
Of WaAhington, former chairmaa of thiB Section.
Three membere liare lesigned and four names fllaieken fnom tbe
rolls for non-payment of dues.
The following' ie the Boll of membeiB of the Sectioai:
BOLL OF MEMBEB&-PSYCHOLOGICAL SECTION, MEDICO-
LEGAL SOCIETY.
Dr. Baphael Asselta, 25 Prince Street, New York City.
Clarence A. Arnold, Esq^ Colorado Springs, Colorado.
Albert Bach, Esq^ 115 Broadway, New York City.
Mrs. Helene S. Bell, 200 West 78th Street, New York City.
Clark Bell, Esq., Secretary, 39 Broadway, New York City.
Harold Browett, Esq., Yuen-Ming- Yuen Building,Shanghai,Chiiia.
Dr. Mary A. Brinkman, Brewsters, New York.
Major Pftul R Brown* M. D., U. S. A.
E. Sanger Browne, M. D., Chicago, HI.
Dr. E. N. Buffet, Jersey City, N. J.
Ida Trafford Bell, 322 West 22d Street, New York City.
Francis C. S. Bumiiam, Milbum, N. Y.
Mrs. A. C. Bunton, 417 Madison Street, Brooklyn, N. Y.
Bey. Antoinette Brown Blackwell, 439 West 64th Street, N. Y.
City.
Ida J. Brooks, M. D., 219 E. 10th Street, Little Bock, Ark.
Tiot. L. A. Baralt, No. 59 West 7dth Street, New York City.
John H. Buford, Okkkhoma City, Okltahoma.
Samuel iS. Buckley, College Park, Prince George Co., Md.
Mrs. C. Van D. Chenoweth, Shrewsbury, Mass.
Edward W. Chamberlain, Esq., Oounsellor-at-Law, 11 West 42nd
Street, New York aty.
D. M. Currier, M. D., Newport, N. H.
Henry Coe Culbertsoii, Esq., 44 West 46th 8treet,New York City.
T. D. Crothers, M. D., Hartford, Conii.
Dr. Oscar Jennings, 17 Rue Vemet, Paris, France.
Prof. E.Boirac, 29 Rue de Berlin, Paris, Fntnee.
Dr. H. Baraduc, 191 Rue St. Honore, Paris, France.
Max Nordau, 34 At. de Villiers, Paris, France.
Prof. Geo. Chase, New York Law School, 309 West 74th Street,
New York City.
Miss Rosa Moore, 37 Leboutillier's Buildings, West 22nd Street,
New York City.
Mrs. Geo. Jamieson, Bridgeport, Conn.
Thomas Darlington, M. D., Kingsbridge, N. Y.
Mrs. Frances Hutton, 209 West 70th Street, New York dtj.
F. E. Daniel, M. D., Texas Medical Joumikl, Austin, Texas.
Mary Randal Downs, Danbury, Conn.
Isidore Dyer, M. D., Tulane Univenrity, New Orleans, La.
Mrs. Judge Dailey, 451 Washingfton Avenue, Brooklyn, N. Y.
Judge Abram H. Dailey, ex-Praddent Medico-Legal Society, !•
Court Street, Brooklyn, N. Y.
Miles M. Dawson, Esq.. 157 West 103 Street, New York City.
Dr. Bettini di Moise, 42 West 25th Street, New York City.
Prof. A. A. d'Ancona, San Francisco, Cid.
Mrs. Ernest Dichman, Monroe, Orange Co., Neiw York.
Dr. Helen Densnwie, "Btooklyji, N. Y.
Havelock Ellis, M. D., Oarbis Water, Lelant, Cornwall, England.
Prof. E. T. Eskridge, Denver, Colorado.
Merits Ellinger, Esq., Surrogate's Office, New York Qty.
Sidney Flower, Esq., 56 5th Avenue, Qiicago, HI.
Wm. S. Forest, Esq., Security Building, Chicago, HI.
Mrs. Laura Dayton Fessenden, HUnofo.
Prof. Joim W. Farr, Jr., A. M. LL.B., Ohattanooga, Tenn.
Digitized by VjOOQIC
PSYCHOIX>GICAL. 478
Dp. Wm. Cocpe Qardner, 121 Wart 7th Btreet, New York Oily.
Geo. W. Grover, M. D., Sheffield, MaM.
Mrs. Ursula N. Gestefeld, Chicago, 111.
Prof. Harlow Gale, Chicago, 111. •
B. W. HoUiday, M. D., Cleveland, Ohio.
N. deV. Howard,M. D., Sanford, Fla.
Margherita A. Hamm, 83 Hicks Street, Brooklyn.
Bev. Phebe A. Hanaiord, 473 Bedford Avenue, Brooklyn.
Alfred Bearing Harden, 135 William Street, New York City.
M. B. Hubbs, M. D., Addison, N. Y.
Dr. Wm. Lee Howard, 1126 North Calvert Street, Baltimore, Md
Prof. 0. H. Hughes, Editor Alienist and Neurologist, St. Louis,
:mo.
Dr. Owen E. Houghton, 126 South Oxford St., Brooklyn, N. Y.
Mrs. Dr. O. E. Houghton, 126 South Oxford St., Brooklyn, N.Y.
Thomson Jay Hudson, Esq., Washington, D. C.
Miss Marie Hammil, 317 W. 87th Street, New York City.
Kev. R. Herbert Jones, Lawrence, S. C.
Col. Fred. Hamilton, 38 Bridge Street, Brooklyn.
A. Wilbur Jackson, M. D., 159 West 36th Street, New York City.
A. Laura Joscelyn, 309 Broadway, care Mutual Beserve Fund Life
iBfinr., New York City.
Judge Arthur T. Johnson, Gouvemeur, St. Lawrence, N. Y.
Mr. J. Louis Kellogg, 229 Broadway, New York City.
E. P. Kleingensmith, M. D., Blairsville, Pa.
F. Alice Kellor, 49 Huestis Street, Ithica, N. Y.
Charles W. Kimball, Esq., Dist. Atty. Penn Yan, N. Y.
Laura Keiaher, M. D., New York City. *
Mrs. F. J. Lord, Brockwayvllle, Pa.
Clarence A. Lightner, Esq., Detroit, Mich.
Senor Bafael Montufar, M. D., Guatemala, S. A.
K. D. MacKenzie, M. D., St. Johns, New Foundland.
Mrs. Jacob F. Miller, 80 West 89th Street, New York City.
The Countess Bettini di Moise, 42 West 25th St., New York CXty.
D. Gilbert McKoon, Esq., 291 Broadway, New York City.
Mrs. Sophia McClelland, Westchester, N. Y.
Hubbard W. Mitchell, M. D., 747 Madison Ave., New York City.
Wilson McDonald, Esq., Sculptor, 729 6th Ave., New York (Xtj.
J. McDonald, Jr., 106 Fulton Street, New York City.
J. B. Matti80n« M. D.. 188 Prospect Place, Brooklyn, N. Y.
Mrs. Madeline Morton, 223 West 22nd St., New York City.
I. A^ Maryson, M. D., 95 Stanten St., New York.
Dr. Emile Mary, Thim, Switz^Iand.
Mrs. MaM. Morgan, Madison Ave., New York City.
Mrs. Mary Moore, 149 E. 3l8t Street, New York.
B. J. Nunn, M. D., Savannah, Ga.
A. E. Osborne, M. D., Superintendent, Glen Ellen, Cal.
T. S. Pyle, M. D., Canton, Ohio.
Bobert E. Payne, Esq., New York City.
Caroline Pier, Counsellor-at-Law, Milwaukee, Wis.
Mrs. E. K. Pangbom, 63 Arlington Av., Jersey City, N. J.
Florence Dangerfleld Potter, Attomey-at-Law, 137 Broadway,
New York Ci^.
Mrs. Isaac N. Quimby, Jersey City, N. J.
Prof. Nina Bodrigues, M. D., President Medico-Legal Society,
Bahia, Brazil.
Irving Kosse, M. D., Washington, D C.
Hon. Henry Robinson, Concord, N. H.
Bose de Vaux Royer, Sackville, N. B.
Alice J. Saunders, Woodlawn Park, Colorado.
Mrs. A. B. Stryker, Topeka, Kansas.
James T. Searcey, M. D., Tuscaloosa, Ala.
Digitized by VjOOQIC
474 PSYCHOLOGICAL.
Captain B. W. 8hafeldt» M. D., flniltiiaoiilan Inat., WashingUMi,
D. a
P. W. XaTier Sudduth, 100 State Street, Chicago, HI.
Dr. Anea Sparka, 140 South. Portland Arenue, Brooklyn, N. T.
Hrs. Alice May Scudder, 303 York St., Jersey City, N. J.
Dr. H. Sotolaroff, 251 East Broadway, N. Y.
Floyd Stewart, M. D., 124 Barreune St., New Orleans, La.
Caroline J. Taylor, Bridgeport, Conn.
Dr. Carleton Simon, 114 E. 56th Street, New York dtj.
Dr. Bobert Sheerin, Cleveland, Ohio.
E. T. Taiieferro, Esq., Temple Court, New York City.
Mrs. M. Donise Thomas, 680 Lexington Avenue, N. Y. City.
Mrs. Louise Tuttle, 17 Weat 89th Street, New York aty.
Oha«. Teubner, 3267 2l8t Street^ San FranciacOb CaL
Judge John A. Vance, Gouveneur, N. Y.
Mrs. Pauline Valentine, Hotel Balmoral, New York dtj.
Washington S. Valentine, Esq., Produce Exchange, N. Y. City.
M. Nelson Voiding, M. D., Des Moines, Iowa.
U. O. B. Wingate, M. D., Milwaukee, Wis.
A. B. Whitney, 148 West 77th Street, New York City.
Dr. Forbes Winslow, 33 Deyonshire St., Portland Place, London.
A Leonora White, M. D., 151 W. 46th Street, New York City.
Harry Wellington Wack, Esq., Press Club, New York City.
Mrs. J. Gould Weld, Hotel Normandie, Paris, France.
Dr. J. K. Yamell, 3020 P Street, Wadiington, D. C.
Simon A. White, Esq., 151 W. 46 Street, New York City.
January 1, 1899. Respectfully submitted,
CLABK BELL,
Vice-Chairman and Secretary.
NOTE: — The officers recommended by the report were dnly
elected by the Executive Committee at January nieetLng, 1900.
Digitized by VjOOQIC
ADDRESS OF WELCOME,
BY CJJiMK BKI.L, BSQ., 1*1*. D., PRBSIDBNT OF THB MBDICO-
I^KGAI, SOCIETY.
Fellows and Delegates to the American Congress of Tuberculosis:
This is a subject which is attracting national and I may say
international, attention. The ravages of tuberculosis has at-
traced the attention of the medical profession throughout the
world. In England, not long since, a movement in aid of
ameliorating the condition of those who suffer, and of ascer-
taining what was the best means of affording a remedy; was
presided over by his Royal Highness, the Prince of Wales,
and resulted in the inauguration of a movement for the es-
tablishment of a hospital for consumptives in the City of
Lx)ndon. It has arrested the attention of medical men and
scientists in Germany. It has aroused deep interest in the
breast of King Oscar of Sweden, and it is probably the up-
permost question among medical men in the United States
at this moment. Two journals in this country are devoted
to it specially, or admost specially, and I am glad to see pres-
enthere this eveing the representative of the leading journal
on tuberculosis in the United States, whose senior editor has
contributed some of the ablest papers which will be presented
to the Congress at its session tomorrow.
It is therefore a source of just pleasure and pride to the
Medico-Leg^ Society, that it can be the medium, and the
means, by which the students of the science of the proper
treatment of tuberculosis, and the many problems connected
with it, can, if possible, unify and crystallize and put into
some concrete form and shape, the results of the labors of
that army of workers in the medical profession who are now
investigating and studying this subject, as it has never before
been studied in the United States. i
We feel that this is but an initial movement. We feel the
raison cFetre of this cause will be the introduction of the sub-
ject for discussion.
[Before the members of the American Congress of Tubercnlosis, in
joint teasion with the Medico-Legal Society, Pebruary 2, 1900.]
Digitized by VjOOQIC
476 PSYCHOLOGICAL.
The Assistant Surgeon General, having charge of the marine
hospital at Washington, Assistant Surgeon General Wyman,
has written us of the Committee, expressing the great and
deep interest he has felt in it, and he has detailed one of the
most brilliant men of his staff to come here to attend this
Congress, and you will hear from him at tomorrow's session
as he is present and announced for a paper.
It is therefore with great pride and pleasure that the Medi-
co-Legal Society, which has always devoted itself to the ad-
vancement of every department of Forensic Medicine and ever
in the interest of true science, can be said to have been the
proper medium, by which the views of all the thinkers in the
great West, on the Atlantic Coast, in the South, and through-
out the Union generally, may contribute their best judgment
and their best facts and experience upon subjects, about which
the medical profession is now very widely divided in many re-
spects, with a view of bringing them to a proper and scientific
investigation of the problems connected with this subject.
The Medico-Legal features, of such a discussion as is here
opened to the Students of Tuberculosis, are of the greatest
moment, to the human race.
Laymen, jurists and legislators are deeply anxious and so-
licitous for a scientific, conclusive settlement, and determina-
tion, by scientific men of skill, learning and ability; not only
the series of questions which were formulated and promulga-
ted by the Committee, but for light as to what is to be the
proper relation of the State by Legislation, to the whole sub-
ject.
There may be and probably is today, a nearer approach to
unanimity in the itiedical profession on certain questions, on
which lawyers and legislators need light and scientific advice.
For the past half century the Medical Faculty has pronoun-
ced Tuberculosis as incurable.
Although since our boyhood we have heard the Syren Song
of "the retired clergyman whose sands of life had nearly run
out;" we have been told, to at once set down as a quack, any-
one who offered a specific for the cure of Tuberculosis.
We have however lately heard louder whispers of marvel-
lous cures, and an ambitious young physician in our own city,
has openly announced Himself as capable of ciuing the dis-
ease with utter disregard of the anathemas of the faculty of
medicine here. He has used the discovery of a Frenchman
Digitized by VjOOQIC
PSYCHOLOGICAL. 477
with considerable success, as is claimed by his friends; and
other medical men in this city and in the nation, are claiming
that Tuberculosis is now under absolute medical control.
The legal profession desire to have the answer to the ques-
tion of whether this disease can be cured, — ^not only — but
whether there has been in fact, any anti-toxin serum for Tub-
erculosis yet found?
Is it now an established fact in science, that the bacterial
toxin of Tuberculosis, is now discovered, located and so de-
fined, as to be beyond doubt of question?
The mission of this Congress regarded from my own stand-
point, is and will be to open the discussion and lend impetus,
and zeal to the efforts made by the students of the science in
this interesting domain of human endeavor.
It gives me peculiar pleasure to introduce Dr. A. N. Bell
as the presiding officer of this Congress, who will sit with me,
occupying the chair during this meeting. Dr. Bell has all his
life been devoted to this particular branch of science. It has
been my good fortune to have known him for th^ past quar-
ter of a century. I have been identified very largely with the
labor which he has been engaged in, because he has investi-
gated other subjects besides sanitary science, and has won the
distinction by his labors in this city and in this nation, which
your committee appreciates by placing him in the Presidency
of this Congress.
I transfer the presiding chair at this moment to Dr. A. N.
Bell. Before doing so, however, I must say, that I had ar-
ranged to have an address made here at this moment, before
I left the chair, by Governor Hogg, of Texas, who is here in
this city, and who promised me to-day to come and make that
address. He has been suffering two or three days with an
illness aiid Mr. M. A. Kopperl, of the bar of Texas, who is
also present as a delegate to the Congress, has been with him
this evening, and he reports to me that the Governor is so ill
that he will be unable to come, as it might seriously injure
his health to do so. He is confined to his bed with an attack
which threatens to be pneumonia, so he will be obliged to
forego the pleasure of his presence.
I will say in addition that I invited President Murphy of
the Board of Health to come here and make the opening ad-
dress. President Murphy is not well. He is an invalid, and
he replied to me that he was not able to come, but that he
Digitized by VjOOQIC
478 PSYCHOLOGICAL.
would designate a member of his staff to represent him, Dr.
Wm. T. Jenkins, who accepted the invitation, and it was un-
derstood yesterday that he was to come; he agreed to come,
but I received a letter this afternoon explaining why it was
impossible for him to get here, so that the address which was
to be given by Governor Hogg and also the one to be given
by Commissioner Jenkins will have to be omitted.
Before I leave the Chair, I will ask the Secretary of this
Society, Mr. H. Gerald Chapin, of the bar of New York, to
say a few words of welcome to the Congress which is about
to begin before the chairman take his seat.
Digitized by VjOOQIC
ADDRESS OP WELCOME.
BY H. GERALD CHAPIN, ESQ., LL. D.
Members of the American Congress on Tuberculosis,
Members of the Medico-Legal Society: — I fear that any
more address of welcome on my part would be largely a work
of supererogation after the hearty words of our honored Presi-
dent Mr. Bell.
The meastu-e of value placed by mankind upon human
achievement often seems passing strange. The name of the
soldier who executed a heroic though foolish charge against
Russian batteries in the war of the Crimea is emblazoned on
the roll of fame though but few outside of the medical pro-
fession revere the name of heroic Dr. Morton, who struggling
through poverty and r(everses sufficient, we might almost say,
to conquer the most dauntless, finally succeeded in introducing
chloroform as an anaesthetic. What achievement in the his-
tory of the world has done more for the liberty of mankind
than did the acquittal of the seven bishops by which the free
right of petition was established, and yet in order to ascertain
the names of our brother advocates who so manfully stood
fcM-th and defied the power of the Stuarts, we must turn to
our histories for an answer.
As President Clark Bell has just stated, it is questionable
whether any subject is of more importance at the present day
than is the subject of tuberculosis. Other diseases sweep off
their thousands, tuberculosis its tens of thousands. The man
whc will promote legislation for — ^who will discover a means
of checking the malady will prove greater, aye a thousand
times greater than he who perchance has rushed to the attack
and crash of bursting shell.
Alas, we do very little after all, towards the advancement
of science. Our individual achievements are as the grain of
sand on the seashore, as a drop of water in the ocean, and yet
if before we finally lay aside our hopes and fears, our joys and
[Before the members of the American ConereM of Tubercalotis, in
joint leMion with the Medico-Legal Society, Pebmary 21, 1900]
Digitized by VjOOQIC
480 PSYCHOLOGICAL.
sorrows, we have added but the one grain, the single drop, we
shall not have lived in vain.
I feel that it is of no use to expatiate at length upon our
pleasure in your presence, for a welcome loses all its signifi-
cance if we attempt to measure its len^h and breadth, its
width and thickness, and true S3rmpathy may oft lose itself
among the mazes of rhetoric. My only desire is that you may
appreciate the fact that I utter the sentiments of every mem-
ber of the Medico-Legal Society when I simply say that we
are glad that y'ou are with us tonight. (Applause).
Digitized by VjOOQIC
OPENING ADDRESS.
DR. A. N. BRLL, PRESIDENT OP THE AMERICAN CONGRESS
OF TUBERCULOSIS.
Ladies and Gentlemen; Members and Guests of this Con-
gress:— My inspiration for the few remarks I have to make
at this opening is the first subject on the programme, and
for it I must pay tribute to the honored gentleman who has
so long labored in this sphere. I highly appreciate his kindly
reference to my devotion to preventive medicine, and I am
glad of the opportunity to give expression to the pleasure I
have taken in his co-operation for the last quarter of a century.
The particular and most neglected element in the progress
that has been made for the prevention of tuberculosis, to
which I have referred as the first subject on the prc^^mme,
is food. Indeed it has been my privilege for more than two
quarters of a century to have taken note of, to have studied
the conditions and to have participated to some extent in the
effort to prevent tuberculosis.
But it hardly need to be remarked in this presence, that
fifty years ago the medical profession was all at sea with re-
gard to the causation and prevention of tuberculosis. The
nature of the disease at that time was to physicians as to ev-
ery body else an inscrutable mystery, and its prevalence was
thought to be beyond human control. Nevertheless, it soon
became manifest to those engaged in the work of sanitary re-
form, begun in England but a few years before, that the
greatest prevalence of tuberculosis was among the occupants
of stifling rookeries in filthy and overcrowded districts. As
these were swept away, the soil cleansed, air and light ad-
mitted, and the whilom tenants suppUed with improved dwell-
ings and more food — ^though with little regard to its nature —
the reduction of mortality from tuberculosis was great enough
to mislead the earlier sanitarv reformers into the belief that
tuberculosis was like some other diseases ag^nst which they
[Before the American Conflrefls of Tnbercnlotis. in joint session with
the Medico Legal Society, Primary 3i, 1900.] •
Digitized by VjOOQIC
482 PSYCHOLOGICAL.
contended; dependent upon filthy surroundings, a stifling at-
mosphere and insufficient food,and they encouraged this belief
with such energy as was not displayed anywhere else in the
world; insomuch as to show the great value of cleanliness in
the reduction of the mortality from it in England,began thirty
years before Koch's discovery of the tubercle bacillus and
was increasingly gaining ground at the time of that discovery.
Official statistics of the period show that beginning with the
first five years of complete registration, 1850-54, the mortal-
lity from consumption in England and Wales was 281 1 per
1,000,000 of the living population per annum; 1864-68 it
ranged from 2602 to 2336 per 1,000,000 per annum. 1882-
1888, the first seven years from the time of Koch's discovery,
but before the preventive measures which it suggested were
much practiced, the death rates from consumption ranged from
1752 to 1 541 per 1,000,000 of living population per annum. Be-
yond question this great reduction was almost wholly due to
domiciliary improvements, the regulation of factory employ-
ments, school house sanitation, provision for outdoor occupa-
tions and exercises, and general cleanliness, These measures
have been continued and considerably elaborated during re-
cent years, plus the instituion and practice of new meas-
ures and methods suggested by Koch's immortal discovery,
most of all by the establishment of special hospitals and
sanitariums for the better care and treatment of the disease
and the disinfection of premises and things used by consump-
tives.
According to the latest returns accessible by hurried refer-
ence, an hour before this meeting, the death rate from con-
sumption in England and Wales for 1892-93 was 1468 per
1,000,000 of population per annum,a reduction of about 47 per
cent, during the last fifty years.
This progress is the more interesting and encouraging be-
cause it has been accomplished under home conditions. Ev-
ery observer knows that mountain and sea air is much freer
from all kinds of organisms than the air of populous cities,
or plains at sea level. That such air is beneficial to con-
sumptives is probably no more true than that is to other in-
valids; and commendable, barring the questionable nature of
the soil, weather and dust exposure and house drainage in
the one case; capacity of the sleeping quarters, means of ven-
tilation, liabilty to emanations from bilge water in the other.
Digitized by VjOOQIC
PSYCHOLOGICAL. 483
It is far from my purpose, however, to disparage such re-
sorts. On the contrary, I deem them highly beneficial in
many cases, if chosen with due regard to the conditions sug-
gested; but chiefly with reference to the treatment of tuber-
culosis, which is not the subject of these remarks. The pur-
pose of this reference is to emphasize the universality of tub-
erculosis, rather tubercle bacilli.
The number of localities referred to in the history of tuber-
culosis, throughout the world, said to be exempt from it, is
so small as to justify the conclusion that no place inhabitable
by man is exempt, that tubercle bacilli are universally dis-
tributed. They are proportionally active with the density
of population, the prevalence of conditions favorable to their
reception and tolerance, and defiqient power of resistance. The
accessory conditions are for the most part implied in what I
have already said about foul soil, foul air, poor diet, etc.
Some writers are wont to refer to Iceland and some other
Arctic and sub-arctic regions, whose inhabitants rarely or
never have consumption, though they commonly sleep in
stifling huts, reeking with offensive emanations and are but
raely or never cleaned. Moreover, the denizens of such huts
at night, habitually expose themselves in the daytime to the
worst possible conditions of weather. Their exemption from
tuberculosis is commonly attributed to the extreme cold of
such regions, and the erroneous inference drawn that outdoor
exposure in frigid climates is commendable for consumptives.
The food of these exempt communities is almost wholly of
an ?nimal character, the fattest portions and "toodnoo," a kind
of butter made of the separated fat of reindeer, of which they
eat enormous amounts.
Moreover, besides their power of resistance to the tubercle
bacillus, the Esquimaux and other inhabitants of the arctic
regions who live on such food,are possessed of gigantic muscu-
lar powers. They are able to lift and carry burdens twice as
heavy as those which the seaman visiting them are able to
carry.
In similar regions where the inhabitants or immigrants do
not so live, tuberculosis is .10 less, indeed, among some of
them it is much more rife than it is among communities in
temperate latitudes.
The exemption from tuberculosis in such circumstances is,
in my judgment, properly attributable to the potentiality of the
Digitized by VjOOQIC
484 PSYCHOUXHCAL.
fatty food My cndusion in this r^;ard is fortified by many
years observation of the liability to consumpticxi of peoples
ccdlectiTely, families and individuals, more or less proportional
to their abstinence from fatty foods. The most prominent
example of whom, I have never lost sight of from youth up —
the negro race in America.
I began my professional life among them when they were
slaves and were always supplied with an abundance of
"hog and hominy," not by any means restricted to these ar-
ticles, but pork or bacon was a standing portion of at least
one daily meal. Consumption among them was refatively rare.
My observation in this respect was not singular but in accord
with all other medical observers of the time of whom I have
knowledge. Conversely, it seems hardly necessary to invite at-
tention— so common is the prevalence of consumption among
the same people now under their changed conditi<xis with re-
gard to diet. "Hog" at least, is notable by its absence from the
daily fare of most of them and no other fat meat has taken ^its
place; and consumption among them is more than twice as
great
The same observation extends to smaller communities, fam-
ilies and individuals. Consumption is most prevalent among
those who are stinted or who stint themselves of "bac(Mi" and
Gutter." I mention these as ideal and the most digestible
of fat foods; others are commendable.
Whole volumes and many essays have been published on
food for consumptives, but nothing of cnsequence on food pre-
vention of consumption.
My purpose in the citations I have made is to intensify at-
tention to food in its preventative aspect. Everybody has
learned, when it is unfortunately, in most cases, too late, that
cod liver oil is good for consumptives, but few seem to have
learned that focS of the same character as cod liver oil, suit-
able for the table is preventive of consumption.
In the whole course of my professional observation, now
covering a period of nearly sixty years, I have never known
a family or an individual that was brought up on a liberal sup-
ply of butter and bacon that became tubeculous. More-
over, such food fortifies the system against other diseases as
well as consumption. But this is no occasion for other sub-
jects.
I hope that the subject I have introduced may be taken up
and elaborated by members of this Congress,and that it may be
my privilege to read and know more about it. (Applause.)
Digitized by VjOOQIC
Digitized by VjOOQIC
Pig. II. Dr. Bleyer's 5ocx> candle power Electric Arc Projector, with parabolic
mirror attached, mounted on a stand capable ofgiTing all motion when
required Also, showing the Screen for simng the rays and
cutting off heat rays. Mounted on stand.
Digitized by VjOOQIC
COLORED RAYS OF LIGHT.
Bzperimentt Show Them to Beoome a Moet Importaat Adjunct in
the Treatment of Tnbercnlosis.
BY DR. J. MOUNT BLBYBR, F. R. A. M. S., LL. D., OP N. Y. CITY.
The subject of light rays have of late attracted such
attention in the medical world, that, to the thinking,
up-to-date physician, a want is felt for a simple, though
scientific, explanation of the more salient points of the laws
of light in operation. I merely here shall make an at-
tempt to place before the busy practitioner a resume in a
comprehensive manner so as to enable him to weigh thor-
oughly those most vital principles, concerning us here inter-
ested. This will aid in quickly grasping the true scientific value
of their possible connection with therapeutics.
We are now beginning to apply the finer forces of nature
in the treatment of various diseases and it certainly behooves
us therefore to study more in detail at least the fundamental
principles of them. Light is one of the most useful and
powerful adjuncts in the entire catagory of remedies at our
command. Why not then try and understand its laws and
best modes of its application. It is my intimacy with the laws
of light rays that tempted me in bringing before you this sub-
ject, dished up in a palatable form, and so cooked to suit the
most wavering appetite. It is hoped that this discourse will
be one of the means at least in starting up the interest for the
more liberal use of a force which is known to be so powerful
in its influence upon the entire cosmos. We already know
sufficient of light and its finer forces to warrant a more ex-
tensive investigation in every domain of medicine. This
force (light) is receiving more attention since the discover}'
of the *'X" ray, and we are now on the eve of going into the
scientific end of all this more daily, and there is no doubt that
some still more valuable application will soon be unearthed to
us for the use of light rays to combat diseases with. Already it
has many followers all over the world; their labratories and
Read before the Medico-Legal Society and Congress of Tuberculosis,
Pebraary ai, 1900.
Digitized by VjOOQIC
486 PSYCHOLOGICAL.
wards of their hospitals are kept busy experimenting with
these subtle powers of the various rays of light, and soon we
may expect to hear of some startling truths. So with these
remarks, I beg you to follow me through the various known
principles and laws connected with light from which the
**whys and wherefores" shall be expounded here which will aid
those too busy to study the question with a knowledge neces-
sary for their comprehension in adopting rays of light to
therapeutics.
I am much alive to the criticism that I shall be subjected
to, as the knowledge of my experiments and the conclusions
deduced from them as they become diffused, while others,
again, grasping them in their important relations, as by in-
tuition, welcome it as a long step in advance in the knowl-
edge of the great truths in physics, which mankind are so anx-
ious in this age to acquire. All this is perfectly natural. The
little knowldege which men have has been acquired by g^reat
labors^ industry, privation, and perhaps through a long course
of arduous study. They are, therefore, loath to abandon pre-
conceived notions upon any subject. It >^'x>uld be a loss of
so much mental capital. A new idea, therefore, upon any
familiar subject naturally excites doubt, and is met with dis-
approval until, by a full and free discussion, its merits are un-
derstood, when, if it is established by facts and conclusive
reasoning upon them, it is accepted as sound, though it may
displace all pre-existing notions in opposition to it.
I t;ake the liberty to present to you some important facts
in connection with colour rays of light and their valuable in-
fluences, as an adjunct in the treatment of tuberculosis and
other diseases.
These facts which are very curious, instructive and impor-
tant, are the results of experiments, which are so surprising,
that through this communication I make known my results
to your most learned body for their crucial and impartial good
judgment.
In the New York Medical Journal, February 22nd, 1896,
under the heading, "Crooke's X-rays and Other Light Rays,'*
" — 3, problem yet to be solved in therapeutics,' &c. My pub-
lication then was a forerunner of a series of experiments then
under way to determine the eflFects of certain light rays stand-
ing high in the violet scale of the spectrum on animal and
vegetable life. In this communication to your Congress I
Digitized by VjOOQIC •
PSYCHOLOGICAL. 487
propose to give you all that I learned by experimental work
which is hoped will become of service to us in the treatment
of those diseases which need more subtle power than mere
remedies.
While still the world at present is engaged in the work of
solving the problem of the penetrative power of the cathode
rays and from the already known facts which they have 3deld-
ed to us, it is but fair to presume that other rays than those
of the cathode must have some other effective qualities which
may be of valuable service as remedial agents. We know
that the cathode rays do force their way through opaque
bodies that ordinarily arrest the transit of sunlight has been
demonstrated, and the questions to be solved are as to the
practical and valuable application of these and other peculiar
properties of colour light rays as remedial agents, &c.
We know, or rather Roentgen has told us, that unlike sun-
light these cathode rays do not undulate in waves from their
source of origfin, but move backward* and forward, and to this
property the power to penetrate opaque bgdies is most prob-
able due; as has been mooted,this power as demonstrated may
be an energy in the shape of radiation. The advantages
from this source alone that have, and still may further
accrue from it in our domain as a means of diagnosis, has
already been much spoken of, and it only remains still to
complete the experiments that will demonstrate the means
of those and other rays of their more practical application.
Aside from all our present knowledge of them it is fair to
presume that certain rays have a subtler power than this one
of penetration. Ordinary sun light with its varying colors,
is one of the main factors in development and growth of ani-
mal life. We have studied the effects in this direction, and
know that sunlight is essential for the growth and develop-
ment of both animal and vegetable tissue.
The sublest chemical force is sunlight; it brings about the
most powerful reactions that are apparent yet and not en-
tirely undemonstrable. We see the reaction of a ray of sun-
light upon a plate prepared with sensitive salts and observe
the chemical decomposition, and thousands of other similar
examples.
So, too, do we watch its action upon the plant, and we
know that colour, strength and fructification depend to a large
measure upon light rays.
Digitized by VjOOQIC
488 PSYCHOLOGICAL.
The same applies to animal life. We have in light rays, a
therapeutic agent that has been underestimated; if not alto>
gether lost sight of and neglected to a great measure. The
few thoughtful men who have striven to advance the title of
light rays in this direction have been scoffed at. Their la-
bors have not been accorded respectful consideration, simply
because the average therapist will adopt nothing that cannot
be demonstrated in the glass receiver of his labratory, the re-
action of which he can not see going on before his eyes, and
the formula of which he cannot determine. In the light of
recent observations we are slowly arriving at the realization
that some of our principles of therapeutics must soon
change; that their Waterloo is impending.
In presenting my work for your criticism I shall confine
myself only to study the isolated colour rays of the sun and
those violet rays as produced by the arc light. The X-ray
will not be considered from any point of therapeutics in this
discourse, as we do not understand them sufficiently enough
as yet.
It is always a good plan to pursue, in speaking of physical
phenomena, to bring to your notice again by way of recapit-
ulation a few known facts on light rays in order to refresh
the wavering memory and also show thereby the course of
my reasoning pursued throughout these researches.
All students of chemistry and physics remember that in the
analysis of the ray of the sun by the prism, in the year 1666,
by Sir Isaac Newton, he had resolved it into the seven prim-
ary rays, viz.: Red, orange, yellow, green, blue, indigo and
violet, and had discovered that these elementary rays had dif-
ferent indices of refraction; that for the red ray at one side
of the solar spectrum being the least, while that of the violet
at the opposite side thereof was the greatest, from which he
deduced his celebrated doctrine of the different refrangibility
of the rays of light; and further, that Sir John Herschel, in
his subsequent investigation of the properties of light, has
shown that the chemical power of the solar ray is greatest in
the blue rays, which give the least light of any of the luminous
prismatic radiations, but the largest quantity of solar heat.
Some of my later experin\ents establish the fact of the stimu-
lating and remedial influence of the blue and violet rays upon
vegetation and animal bodies. I, therefore, some eight years
ago, concluded to make practical my knowledge on the appli-
Digitized by VjOOQIC
PSYCHOLOGICAL. 489
cation of thq properties of the blue and violet rays of light,
as to their stimulating value in lost vitality of the human or-
ganism from such causes, as in fevers and infections of many
kinds; also in cases where the human body is in a weak con-
dition, due to inheritance, &c. I began to inquire in every
accessible direction if this stimulating and sterilizing quality
of the blue and violet ray has ever received any practical use-
ful application. My inq.uiries developed the facts that vari-
ous experiments had been made in England and on the Conti-
nent with coloured glass with each of several primary rays.
Also knowing of the former few successful experiments made
by the authorities of the Horticultural Department, at Wash-
ington, D. C, by the use of the electric arc light posted over
green houses for the purpose of ascertaining the facts of
actinic rays upon vegetation. Their experiments were
crowned by the most successful results in forcing the growth
of vegetation to enormous size, and in much less time than
under the best and normal conditions. Those experiments
of Genl. A. J. Pleasanton are too well known to receive any
comment from me. Some of these experiments were more
than satisfactory proof that it is possible to force develop-
ment, both in vegetable and animal kingdom, under different
conditions. Finding however, with all due respect to my
predecessors in the line of experimentation, a few beaten
tracks, I was, nevertheless, left to myself to grope the way
as best I could under the guidance of the violet and blue rays,
and those produced by the electric arc light, &c.
Before going further into this subject, let me attempt an
explanation of some of the phenomena which the blue and
violet rays of light have in general upon vegetation and the
animal body. It is well known that differences of tempera-
ture evolve electricity, as do also evaporation, pressure sud-
denly produced or suddenly removed in which may be com-
prised a blow or stroke; as, for instance, from the horse-shoe
in the rapid motion of a horse on a stone in the pavement,
striking fire, which is kindled by the electricity evolved in the
impact, or again, from the collision of two silicious stones
in which there is no iron, is electricity produced.
Friction even of two pieces of dried wood excites combus-
tion by the evolution of hydrogen gas which bursts into flame
when brought into contact ivith the opposite electricity —
evolved by the heat. Chrystillization, the freezing of water.
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490 PSYCHOLOGICAL.
the melting of ice or snow, every act of combustion in respir-
ation, every movement and contraction of cwganic tissues,
and, indeed, every change in the form of matter evolves elec-
tricity, which in turn contributes to form new modifications
of the matter which has yielded it.
The diamond, about whose origin so much mystery has
always existed, it is likely, is the product of decomposition
of carbonic acid gas in the higher atmosphere by electricity
liberating the oxygen gas, converting it into ozcme, fusing
the carboQ, and by the intense cold there prevailing, which
is of opposite electricity, chrystallizing the fused carbon,,
which is precipitated by its gravity to the earth.
To the repellent affinity of electricity are we indebted lor
the expansive force of steam whose power wields the mighty •
trip-hammer, propels the ship through the ocean, and draws
the train over the land — and to the opposite electricities of
the heated steam and the cold water, introduced into the
boiler to replenish it, do we owe those terrible explosions in
the steam boilers whose prevention has hitherto defied human
skill. But the interesting application of electricity, is in
nature's development of vegetation. Let me illustrate it.
Seed perfectly dried, but still retaining the vital principles,
like the seed of wheat preserved for thousands of years in
mummy cases in the catacombs of Egypt, if planted in a soil
of the richest alluvial deposits, also thoroughly dried, will
not germinate. Why? Let us examine. The alluvial soil
is composed of the debris of hills and moimtains containing
an extensive variety of metallic and metalloid compounds
mingled with the remains of vegetable and animal matter in
a state of great communition, wasted by rains and carried by
freshests into the depressions of the surface of the earth.
These various elements of the soil have different electrical
attributes. In a perfectly dry state no electrical action will
occur among them, but let the rain, bringing with it ammonia
and carbonic acid, in however minute quantities, from the
upper atmosphere, fall upon this alluvial soil, so as to moisten
its mass within the influence of light, heat and air and plant
your seed within it, and what will you observe. Rapid ger-
mination of the seed. Why? The slightly acidulated, or it
may be alkaline, water of the rain has formed the medium to
excite galvanic currents of electricity in the heterogeneous
matter of the alluvial soil; — ^the vitality of the seed is devel-
Digitized by VjOOQIC
PSYCHOLOGICAL. 491
oped and vegetable life is the result. Hence vegetable life
owes its existence to electricity.
. Light is one of the forms of radiant energy, being trans-
mitted from place to place by means of transverse vibrations
of the medium ether, which fills the whole of space. This
mode of transmission is known as ''wave-motion," the nature
of which is well illustrated by the progression in water of the
disturbance due to an impulse given to it at any point, e. g.,
by dropping in a stone, the disttu*bance travels onward as an
undulation, as a succession of waves, while the water particles
oscillate about their point to rest, but do not undergo any
motion of permanent translation. The distance from crest to
crest of two succeeding waves is the wave-leng^, differences
in which do not cause any change in velocity of propogation
of a wave of light through the ether.
Although the length of the waves which constitute radia-
tion is extremely small, being measured in millionths of a
millimetre, the various effects produced by this radiant
energy, viz.: those of heating, illumination, and chemical
change, are due solely to differences in wave-lengths; in
other words, heat, light, and actinic rays are not different
things, but a ray of radiant energy possesses the property of
producing thermal, luminous, and actinic effects to an extent
depending upon its wave-lengths. But whereas all rays are
thermic to some degree, provided they fall on a suitable sur-
face, it is not all rays which are capable of producing a lumi-
nous of actinic effect. With sunlight we find that a length
of 600 to 800 millionths of a millimetre we get a luminous
effect; while a powerful photographic effect is produced by
those rays which have wave-lengths between 200 and 400
millionths of a millimetre. In speaking, therefore, of light
rays it must be understood that what follows does not refer
any to those rays which by the constitution of the eye, hap-
pen to produce a luminous effect.
But besides differences in wave-lengths, or distance from
crest to crest of two succeeding waves, the extent of vibra-
tion of the ether particles — their amplitude^ — may vary; just
as we can imagine the size or height of sea-waves to vary
instantly altering the distance from one wave to the next, the
hollows and crests being only more marked. Now, since
this is caused by the particles moving from a greater distance
from their position of rest, they must possess greater energy
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492 PSYCHOLOGICAL.
or be capable of doing more work; in other words increase
in amplitude causes increase in intensity, and many photo-
graphic and other phenomena are dependent upon, and ca|i
be explained by, deficiencies in the intensity of the vibrations.
Waves of greater frequency than those which produce a
sensation of violet do not produce any sensation in the eye
at all, but they do effect, as I said before, a photographic
plate; they induce chemical action, and are called ultra violet
or actinic waves.
The velocity of light upon the earth's surface has been
found by Leon Faucault, by experiments most carefully ccm-
ducted, to be 298,000 kilometres, or 186,000 miles per second
of time. That shows with what an enormous rapidity that
light travels and what the restilts must be when suddenly
stopped and sufficiently concentrated by means of lenses, or
even alone by allowing the mere penetration of light
through a media, as the case may be, viz.: by the simple in-
tervention of a coloured media in the form of coloured glass,
or either a coloured fluid, or the light as gena-ated by the
electric arc light. Various such modifications produce dif-
ferent results. Now of the seven primary rays of light all
of them, excepting the blue ray and its compoimds, purple,
indigo, aYid ultra violet, which perhaps are decomposed, and
the rest liberated, are suddenly arrested in their marvellously
rapid course, on coming in contact with a coloured media, or
coloured glass, or fluid. This sudden impact of the intercep-
ted rays on the outer surface of blue glass, or coloured media,
&c., with this inconceivable speed, produces a large amount
of friction. Light, though imponderable, yet is material,since
according to the book of Genesis, "God said, 'Let lig^t be
made,' and it was made," and the movement of matter upon
matter always produces friction. By friction, electricity is
evolved, and when opposite electricities meet in conjunction,
their conflict, according to the celebrated philosopher,
"Oersted," develops magnetism. The electricity produced by
this friction is negative, while the electrical condition of the
colored glass, &c., is opposite, or positive, and heat is there-
fore evolved by their conjunction. This heat sufficiently ex-
pands the pores of the glass, to pass through it, and then you
have within any compartment or solarium a source for gener-
ating coloured rays of light for therapeutic purposes, elec-
tricity, magnetism, light* and heat; all essential elements of
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3
5
^
2.1
Sn
S-
I
B
o
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§8
^§
Pit
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Digitized by VjOOQIC
Fig. V. Dr. Bleyer*8 doable mirror attachment for windows. Its us«^ is con-
fined to windows having a good sun exposure.
Sz^^^u J^O-. (^^^
_^^
j/,^fr
Fig. Vr. Outline Search Light and Screen showing the parallel rays of light
passing to the screen and thence to patient
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PSYCHOLOGICAL. 493
vital force. These are some of the physical principles which
operate, when coloured glass is made use of, for gen-
erating actinic rays. But, as I said before, the chemical rays
of light can be generated according to the power wanted, by
different methods. As for instance: By sunlight, concentra-
ted by means of lenses and coloured media for intercepting
the heat rays.By the arc electric light, concentrated by lenses
and coloured media, &c. By the different sun condensers
and arc electric lights. Each of these methods have their own
different therapeutic effects and value.
Chemical action is merely a synonym for electrical action,
hence in all the functions of the animal body, from its birth
to its dissolution, we may observe the influence of electrical
currents, the development of magnetism, by the conjunction
of them, oppositely electrified, and the production of heat. In
the first inspiration of atmospheric air into the lungs where
it encounters the blood oppositely electrified, heat and inag-
netism are evolved, and the purified blood has one electricity,
which repels itself into the heart, and thence by the arteries
through the system. When it reaches the capillaries it has
lost more than two degrees of its temperature, and being forc-
ed through the capillaries, or small ai;teries, into the veins, as
well by the repulsion of the electricity of the arterial blood,
as attracted by the opposite electricity by the veins and the
blood they contain, the temperature in increased till it reaches
98 degrees Fahrenheit, which it carries with it to the heart.
We have thus seen that the magnetic, electric and thermic
powers of the Sun's rays reside in the violet ray, which is a
compound of the blue and red rays. These constitute what are
termed the chemical powers of the sunlight. That they are
the most important powers of nature, there can be no doubt,
as without them life cannot exist on this planet. Without
these chemical powers there could be no vegetation or any-
thing else.
Light is inimical to^ and under favorable conditions may
wholly prevent, the development of organism. The action of
light entirely destroys the bacteria, or reduces them to a con-
dition of torpidity, which requires months of darkness in fav-
orable surroundings for them to overcome. In my experi-
ments which were made I took small test tubes containing
cultivation fluid, which were suspended in deep, narrow boxes
made of garnet, red, yellow, blue and ordinary glass, respec-
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494 PSYCHOLOGICAL.
tively. Although the blue and yellow glasses were not mono-
chronomatic, the results showed that the action is chiefly
dependent on the blue and the violet rays.
It is probable, therefore, that if the phenomena were repre-
sented by a curve, the maximum elevation would be found in
or near the violet. The organisms, in which many of the ex-
periments were carried out, afford an example of proto-plasm
in a simple and imcompUcated form, but it would be unreas-
onable to suppose that this proto-plasm is so essentially dif-
ferent in its fundamental constitution from all of the proto-
plasm, that here, and here only, is this special effect of light
to be found. There are many facts which prove the contrary
and indicate, not with a special and fortuitous phenomenon,
but with a general law.
I have found that not all the rays of the spectrum are able
to exert an influence upon the direction of the movement of
the spores, it being only those which arc strongly refracted
(blue, indigo, and violet) that produce stimulation.
If a vessel containing a deep coloured solution of ammon-
iated copper oxide, which only transmit blue or violet rays,
be placed between the source of light and the preparation, the
spores are seen to re-act just as if they came in contact with
ordinary white light; on the other hand, they do not reach at
all to light, which if passed through bichromate of potassium
solution, through the yellow vapor of a sodium flame, or
through ruby-red glass, another very important and complex
manifestation of the effects due to light is seen in the move-
ments of the chlorophyll corpuscles.
Light acts as a stimulus to animal and plant proto-plasm.
It induces characteristic changes of form in individual cells,
and causes movements in fixed directions in free-living uni-
cellular organisms.
I have discovered by experiment and practice, the special and
specific efficacy in the use of the combination of the caloric
rays of the sun, and the electric arc, light in stimulating the
glands and cells of the body, the nervous system generally,
and the secretive organs of man, and animals. It, therefore,
becomes a most important adjunct element in the treatment of
acute and chronic diseases, especially such as have become
chronic, cm- result from derangement of secretive, perspira-
tory or glandular functions, as it vitalizes and gives renewed
activity and force to the vital currents that keep the health
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PSYCHOLOGICAL. 496
imimpaired, or restore them when disordered or deranged.
My entire early experience in this line of work was founded
on patient experiments upon young and old animals, of sever-
al kinds. Since the last five years I employed these different
rays of light in the treatment of many forms of tuberculosis
and various other forms of diseases. I came to the conclus-
ion that light is one of the most marvellous therapeutic agents
yet employed to combat tuberculous conditions. Many ex-
periments could be brought forward to show you how its ef-
fects are made visible by comparison; but sufl&ce it to say,
that trials by others will prove my work; that it stands upon
its own merits.
All these important and pointed phenomena of violet and
blue rays led me to test their efficacy upon the human organ-
ism for different ailments as I say, and I found that exposure
to the rays for an hour or two daily, in all forms of tubercu-
losis and other forms of lung diseases, in nervous exhaustion,
produced from worry, overwork, in weaklings, senile decay,
and a host of other diseases, gave excellent account of them-
selves. A number of experiments were carried out in acute
infectious diseases, as in scarlatina, diphtheria, &c., to the
power of this light may be credited also much therapeutic
value. '
I have foimd the best results were gotten from the violet
rays, as generated by coloured glass and concentrated sun-
light by means of lenses, or as passed through coloured glass
alone, or colored fluid media, produced during the period of
the season in this latitude when the sun's rays were strongest,
as during May, June, July, August, September, and October.
Though, nevertheless, some of my experiments on animals for
comp2^ison have shown that the influence of the violet rays
were very marked, even when the declination of the sun was
such, during a period of comparative feebleness of the force
of the actinic or chemical rays. This time was especially se-
lected for experiment for that very reason. It is almost im-
material whether strong electric light is employed or the
solar light. Of course, one can always depend on electricity,
at all hours of the day and season and so be independent as
to its regular employment. We know positively that electric
light has similar chemical properties to sunlight; it affects
the combination of chlorine and hydrogen, acts chemically
on chloride of silver, and can be applied in photography.
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496 PSYCHOLOGICAL.
Passed through a prism, the electric light, like that of the
sun, is decomposed and gives a spectrum. Wollaston, and
more especially Fraunhofer, found that the spectrum of the
electric light differs from that of other lights, and of sunlight
by the presence of several bright lines. Wheatstone was the
first to observe that, by using electrodes of diflferent metals,
the spectrum and the lines are modified.
Masson, who experimented upon the light of the electric
machine, that of the voltaic one, and that of Ruhmkorf's coil,
found the same colours in the electric spectrum but traversed
by very brilliant luminous bands of the same shades as that
of the colour in which they occur. The number and position
of these bands do not depend on the intensity of the light,
but, as we now know, upon the substances between which the
voltaic arc is formed.
With carbon, the lines are remarkable tor their number and
brilliancy; (and this is the regular arc light that I employ)
with zinc the spectrum is characterized by a very marked
apple green tint; with silver, a very intense green; with lead,
a violet tint predominates; and so on with other metals.
Fizeau and Faucult compared the chemical effects of the
sun and the electric lights by investigating their action on
iodized silver plates. Representing the intensity of the sun's
light at mid-day at i,ooo, these physicists found that the
light from a battery of 46 Benson's elements was 235; while
that from one of 80 elements was only 238. The above two
experiments have shown that the electric light produced by
50 Benson's cells is about one-fourth as strong as sun light.
Nevertheless, if a powerful arc light is used instead of sun
light, and well condensed by suitable lenses, we can obtain
sufficient chemical effects, which are very much equal to that
of the sun's.
Arguing from all that I have said and all that is known
about the blue and violet rays in conjunction with the atmos-
pheric conditions in general, I set out to make practical ap-
plication of these coloured rays of light as an adjunct to the
treatment of tuberculosis, in their various stagfes of prc^^ess,
as a prophylactic in supposed early stages, &c. Much to my
satisfaction, the practical experiments which I have tested iii
so many different conditions in tuberculosis, these tests have
all given good account of themselves in most instances, so
that I am very happy to make you acquainted with my re-
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PSYCHOLOGICAL. 497
suits, as I have found them. I am of the positive belief,
from my acquired practical and theoretical knowledge of
facts, that the best method to treat tuberculosis and other
forms of lung diseases, is in special designed solariums at
home or at a sanitarium where violet lights can be gener-
ated, according to the requirement of each individual case
and specially treated upon principles according to the condi-
tion of each case.
From all the reports and researches to the present day by
all the expert men in this branch of study, we find but one
cry, and but one concert of opinion, for the successful treat-
ment of tuberculosis: hygiene, food, sunlight!
There can be no doubt to every student of this disease, that
these facts enter into, as the most important adjuncts, and
form the most valuable remedies for the successful treatment
of this disease, barring all others, from creosote to anti-tox-
ines. We must look to these factors in the future as our
very fundamental principles to rely on, in order to gain a
fast hold in the successful battlement against and with tuber-
culosis. I know full well that there are opinions which will diflfer
from mine, and others who agree with these facts, but, never-
theless, ours are as good as theirs. Since they have done less
towards alleviating or curing the disease, even if they have dis-
covered a number of valueless and poisonous anti-toxines
and chemicals. I wish it understood that I don't decry the
use of remedies by any means; they have their valuable place
in the treatment and I use them at the proper time, but,
above all, we must not sacrifice the most valuable of them
all: sunlight, hygiene, food, climate and electricity. These
agents should be considered as the very acme of the funda-
ment for the successful issue of this unconquerable disease.
No one can doubt the efficacy of them, or if he does he must
be a knave, or a fool.
My apparatus for the generation of violet rays consist of
an electric arc search light, so arranged as to throw a beam
of violet light upon the chest or back wall of a patient for any
length of time.
This method of using coloured light rays makes it practi-
cable of applying these rays of light any hour of the day and
regardless of the seasons of the year or climate.
Another apparatus, with which I had much practical ex-
perience, is one so arranged for the concentration of sun
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498 PSYCHOLOGICAL.
rays. It is a double mirror solar arrangement, which re-
flects a beam of light on a lense, and thus concentrating it,
and then passes through a square glass receptacle, containing
coloured fluid. Such an apparatus is useful during the
seasons of the year when the sun is high or climates where
there are many sunny days. This apparatus is fitted into
windows having a southern exposure or nearly so. Both
these colour ray generator, can be used under any condition
desirable. They will be found powerful enough for the pur-
pose for which they have been specially ccmstructed. The
illustration herewith show the generators in full operation,
from which an idea can be gathered. The mechanical ar-
rangement is of the simplest construction, and a very little
practice is necessary for working them in a satisfactcwy
manner.
I use an electric arc search-light, and also an arc projector
which have the power of generating from 10,000 to 60,000
candle power. These apparatus will be found very useful
in treating one or more patients at one time, as the
beam of lig^t is of sufficient power and area which
encompasses a large surface. My apparatuses have been ccm-
structed for me by Chas. J. Bogue, 213 Centre street, New
York City, and The Waite-Bartlett Company, New York City.
These powerful electric arc lights, which are capable of gen-
erating from 10,000 to 75,000 candle power, are represented
in the illustrations. They were specially built for me from
my own designs, to do away with costiy lenses, and for the
production of the most efficiency of lig^t. The search light
is used mostly for casting a large beam of light over a large
area. The smaller arc projector is gotten up specially for
flooding a certain space selected for treatment. The screens
for sifting the light and cutting off heat rays are of different
dimensions according to the need. Both apparatuses are ar-
ranged for concentrating, focusing and posing to any possible
position desired.
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PREl.IMINARY REMARKS TO THE DISCUS-
SION OF TUBERCULOSIS.
BY DR. C DENISON, OF DENVER, COLORADO.
As fundamental to the consideration of the five subjects for
discussion, proposed by the Medico-Legal Society, (especially
the second, "The Most Successful Methods of Treatment/') I
wish to draw attention to the fact that the basis of judgment
at the present time is defective. Unless this is remedied any
conclusion will be likewise defective and unsatisfactofy. This
defect of judgment arises from the premise that the bacillus
of tubercle is the sole cause of tuberculosis. Probably ninety
per cent, of medical men now living rest their faith in treat-
ment upon this belief. The function of the seed is allowed
almost to ignore the condition of the soil as a causative factor
in tuberculosis, consequently the origination of the complex
disease called consumption is not understood or is practically
disregarded. The security which the physician feels m not
finding the tuberculosis germ in the sputum is unfortunate
and hi& possible self-deception invalidates his diagnosis. The
right which a patient has to a more fundamental regime is
denied him, and thus he is made to miss a most important
avenue of cure, that of prevention.
The point I want to emphasize is that the matured bacilli
do not appear until late in the disease. This latent condition
of the germ, or a like effect, is manifest in a denoid tissue and
scrofular gland growth.
The demonstration off a blood dyscrasia by reaction in tub-
erculosis to the Widal typhoid fever test,* is remarkably sug-
gestive of how limited our knowledge of the pertubercular
state is. It encourages the hope that new and definite means
of diagnosis will be forthcoming, other than the tuberculin
test. This latter valuable diagnostic means, however, is quite
* As shown by the experiments of Dr. S. H. von Rack, described in
the October number of the ''Journal of Tnbercnlosis.*'
Read at session of Medico-Legal Society in joint session with American
Congress of Tuberculosis, February 33, 1900. Discussion of Question
No. 2.
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wo PSYCHOLOGICAL.
sufBcient to make known these scrofular and other proofs of
the tubercular dyscrasia long before there is any occular
demonstration of the germ. Therefore, I submit that the sub-
ject should be divided; namely: into First, Tuberculosis before
microscopic proof of the matured germ, and Second, Tuber-
culosis after microscopic proof of its existence. Then under
such a ruling most all of the "Methods of Treatment" at
present in vog^e can be relegated to the second division, Jusf
named, and with few exceptions are confined to the 2nd and
3rd stages of the disease: because, usually it is only during the
breaking down of the tuberculous tissue, i. e. during these two,
the softening and excavation stages, that the germ evidence is
found. At this period in treatment we are then dealing with
results always accompanied by a certain degree of auto-infec-
tion. For this advanced condition and its complexities, I
hold that the best effects of treatment will, and do come, from
a combination of methods, adjusted to the individual's needs.
The Third of the five problems announced "The importance
and necessity of individualization" always has to be considered.
Individualization helps us to determine the proportion of good
to be expected from the various elements of the above com-
bination of treatments.
From my long experience, which I have summed up in my
paper on the "Modem Treatment of Tuberculosis,* I claim
more than half of the good accomplished results from (i) cli-
mate, (2) exercise, and (3) the specific or anti-toxin method.
The first and last of this trinity, climate and anti-toxin, I pro-
pose to take up when your 4th and 5th subjects are discussed.
The argument for the other, "exercise" is set forth in articlesf
which seem to be so incontrovertible that no opposition has
been shown to their general conclusions.
The consideration of tuberculosis before the advent of the
mature germ introduces the most fruitful field for investiga-
tion y. so far as the final eradication of tuberculosis is con-
cerned; for here a cure is possible without leaving the damag-
* Read at the '98 meeting of the A. M. A. in Denver. See Jonmal,
Sept 21., »98.
t *'The Advantages of Physical Education as a Prevention of Disease.'*
Read before the Am. Academy of Medicine, at Denver, June, *q8.
'*Exerci8e for Pulmonary Invalids.** Congress of Medico-Cliniatology
of World's Pair, June, '93.
'*The Air Pressure in an Bxhaler," from New York Medical Recoid»
Feb. 10, '94.
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PSYCHOLOGICAL. 601
mg results characteristic of the arrested second and third
stages. If we could only have as convincing proof of the ex-
istence of the pretubercular and first stages, as of the second
and third stages, and medical men would cease to limit their
sphere of action by the meagre knowledge of the bacillary
germ, then the way would be open for the much needed pre-
vention. It is unfortunate that our means of diagnosis are as
inefficient and limited as they arq, yet enough can be known
through physical diagnosis, close measurements and indi-
vidualization, with the tracing of defective genealogy, imper-
fect functioning, abnormal blood areation and other symptoms
of degeneration, to bring to light and within control this in-
sidius disease.
A vital subject which immediately presents itself is: What
are the histological changes of the tissues, or the biologic or
chemical changes of the body fluids which explain the sus-
ceptibility to tubercular infection?
I wish you might urge this question upon the specialists in
biology so that after due investigation and on another similar
occasion this important matter can be determined.
To recapitulate the chief point here raised is this, the fact
that tuberle bacilli are not or cannot be found in ex-
pectoration or in adventitious growths, as adenoid glands, is
not conclusive proof that tuberculosis does not exist To
conclude otherwise would be practically to ignore the latent or
pretubercular and nearly all of the first stage of the disease,
the most important period, because then it is curable by pre-
ventive measures. The advent of the germ should not, there-
fore, be the starting point for a tuberculosis congress. As the
initiative of tuberculosis then, the germ is a delusive barrier to
right judgment and possible prevention. It is more an effect
of that degeneration or slow process of death which must be
considered as fundamental. Do we have to admit that it is
because of our ignorance that the human race is not the ideal
one God intended? Yes, it is better to acknowledge that we do
not know the cause, than to assume a false basis. Let us give
a new definition to consumption.
It is a degeneration or slow death due to the vitiation of the
bood, genentlly produced by defective ventilation of the lungfs,
a prominent and advanced symptom of which is the bacillary
f erm of tuberculosis. Now admit this definition and you must
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502 PSVCHOLOGICAL.
go back to the mortifying stage, to its source, namely: to the
dyscrasia which is a sine-qucMum of its existence. Evidently
this dyscrasia or degeneration is due to some result of our
civilization; for the domestication of animals (as the housing
of cows) and the civilization (?) of the savage (as of our
American Indians) both coincide with our own limitations as
to insufficiency of breathing space. Trace down this asso-
ciation of effects to a unified explanation and you arrive at a
species of auto-infection, or self-poisoning, due to rebreathing
impure air. It matters not whether that admixture of good
and bad air is a confined or stove-heated atmosphere, or,more
likely, produced in an unventilated lung. The result is the
same, namely: a dyscrasia or susceptibility to an. additional In-
fection by the bacillary germ. Have perfect pulmonary ven-
tilation, no breathing of impoverished air, and tuberculosis
will sink into numerical infrequency. It is almost too g^eat
a blessing, this knowing how and what air to breathe, for the
human race to attain it yet. The degeneration which is en-
gendered by our ignorance of breathing properly is effectually
perpetuated by inheritance. Our difficulties in remedying this
dyscrasia or preventing this degeneration are thereby so much
increased that I fear it will take years of work by zealous tub-
erculosis congresses before that education, which must initiate
and sustain legislation, will be sufficient to cope with this
tuberculosis evil. It was all right for Pasteur to say, "It is in
the power of man to cause all parasitic diseases to disappear
from the world," but the eradication of the bacillus of tubercle
will not come through the superficial legislation that simply
seeks to control (?) expectoration or limit infection from ani-
mals. No, the education we need, which alone can be the basis
of right legislation, must be more fundamental. The import-
ance of physical development as a basis of health, incorporated
into our education and lives is not duly appreciated. If we
only knew how and what air our Creator intended us to
breathe, and then acted on that knowledge, there would be
very little pulmonary consumption hereafter.
The tendency of people to concentrate in cities, and the
faulty architecture of our homes and public buildings, are im-
portant subjects yet to be duly considered.
These are a few of the thoughts which lead to the denial of
the position, believed in by the mass of medical men, that
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PSYCHOLOGICAL.
bacillus of tubercle is the sole cause of tuberculosis. The
question then is a legitimate one: Would we not reach de-
sirable prevention sooner by considering that germ a result
rather than a cause?
But there is another even larger subject which, it seems to
me, it is the special function of a Medico-Legal Society to
elucidate. This investigation is intimately associated with that
named above and is one of, if not the most vital of the prob-
lems of this tuberculosis crusade.*
It is nearly comprehended in the following: What are the
legislative and educational provisions possible, to suitably
change the prevalent degeneration, and its heredity, which now
dwarfs civilization and favors tuberculosis?
This is the theme of themes for collective minds to settle.
Not a congress or legislative body anywhere, but can gain in-
spiration from it. Not a university, college, semmary,
academy or even a common school, but can be instructed by
it. Not a labor or religious organization, not a factory or
work shop on this round world, but will feel the radiance of the
light which may eminate from its solution. Let the usual
counterbalancing of judgment by judgment, the simple put-
ting on of record of diverse personal opinions and experi-
ences, not by the limit of the achievements of this congress, as
has too often been the case with other similar discussions of
this tuberculosis question. Let this body here take the
initiative to inaugurate a future discussion of this basis or
determining theme. Thus let us hope the way will be open
for the required restrictive marriage and social laws, the in-
corporation of physical development into ever}' educational
and wage-earning phase of life, so that this tuberculosis cru-
sade may be crowned with success. ^
• <«The Tnbercnlosia Crusade and its Problems," by the author, giving
4 necessary snbjecU to be elncidated. Journal of Tubercnlosis, Oct. , '99.
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REPORT ON THE WORK OF THE MARINE HOSPI-
TAL SERVICE AT FORT STANTON,
NEW MEXICO.
BY PAST ASSISTANT SURGEON R. J. ROSBNAU, M. D., OF THE
MARINE HOSPITAL SERVICE, WASHINGTON, D. C.
The forecastle is the worst and the best place iti the world
for tuberculosis; it is the worst place for the sick and the
best place for the well to take the disease. The dempness and
darkness of the ordinary sailor's forecastle, added to the dirt
and overcrowding, not only tends to diminish the vitality of
its occupants but favors infection. The tubercle bacillus
wants just such a place to dry out and fly about in the dust
without losing its virulence. '
You will, therefore, not be surprised to Icam of the wide-
spread prevalence of the disease among sailors. An occupation
which could be made one of the most healthful, is, as a matter
of fact, so arduous that only the vigcn-ous and robust can
withstand its hardships. These hardships are not alone ex-
posure to wind and weather and long hours of toil, but quar-
ters which any Board of Health would condemn were they to
exist on land.
The Marine-Hospital Service furnishes medical attendance
to the entire merchant marine of the United States. It has a
clientele of about 100,000, and treats annually over 50,000
cases of disease — ^all sailors from American vessels. Of the
total number of deaths which occur annually among these
patients, taking the average for ten years, one-fourth, or 25
per cent., are from tuberculosis, many times exceeding the
death rate from any other single disease. In other words, the
Marine-Hospital Service has from eight hundred to twelve
hundred cases of tuberculosis to treat annually. It is stated
that seven out of every one hundred, or seven per cent, of the
deaths in the United States, are caused by tuberculosis. It
will, therefore, be seen that the death rate among sailors from
this disease is about 3^ times the average.
Read before the Medico Legal Society in joint aeasion with Congrett of
Tnbercnlosia, Febmary 33, 1900.
Digitized by VjOOQIC
PSYCHOLOGICAL. 505
It is a well-known fact to the officers of the Marine Hospi-
tal Service that tuberculosis is the most discouraging dis-
ease to treat in a sailor as long as he follows the sea. A sea
voyage which may benefit a traveler will almost inevitably
terminate fatally for the hand before the mast, compelled to
eat poor and unsuitable food and exposed for long hours to
the perils of the sea.
The Marine-Hospital Service is over one hundred years old,
for a long time treated cases of tuberculosis at its various
hpspitals in the general wards with other patients. Aftelr
the discovery of the specific cause of the disease, tuberculosis
patients were properly isolated in separated wards and all the
known precautions taken to prevent the spread of the disease.
The results under this plan were not good. A few cases re-
covered which seems to be the natural tendency of the dis-
ease. In a number of cases life was prolonged or the course
of the disease arrested, but, in the main, the cases did poorly
and it is no wonder that officers of the service stationed at
reservations on the Great Lakes and the North Atlantic sea-
board desired to send their tubercular cases to warmer and
more congenial climates.
Sudgeon-General Walter Wyman was, however, the first to
crystallize this idea into a suitable open air sanitarium for
consumptive sailors about twenty years ago, when he endeav-
ored to interest the delegate in Congress from New Mexico
in the establishment of a sanitary ranch in the arid region
of that Territory. Little, however, was done until he became
Surgeon-General.
Among other officers of the service who have written and
studied in the same line are Doctors J. O. Cobb and W. D.
Bratton. The latter himself contracted the disease from his
patients, and going to New Mexico to regain his health, was
directed by the Surgeon-General to prepare a report on the
beneficial eflFect of the New Mexico climate on consumptives,
and to examine all government property in the territory with
a view to securing a suitable place for a Service sanatorium.
He made an exhaustive report in favor of the climate and
the establishment of a sanatorium. Subsequently the Secre-
tary of the Treasury, Hon. I,. J. Gage, authorized the detail
of an officer of the Marine-Hospital Service to examine the
various abandoned military reservations in this arid region,and
report on their suitability for the purpose. Passed Assistant
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506 PSYCHOLOGICAL.
Surgeon Cobb was detailed, and after examining many places
reported Fort Stanton as the most suitable.
By Executive order of April i, 1899, President McKinley
transferred this reservation to the Marine-Hospital Service,
and the buildings were rapidly repaired, and patients are now
being cared for there.
Passed Assistant Surgeon G. T. Vaugfaan of the Marine-
Hospital Service gives the following description of our reser-
vation:
♦Fort Stanton, an abandoned military post, is situated near
the Rocky Mountains in Lincoln County, Territory of New
Mexico, in latitude 33 degrees 29 seconds 27 miuntes, N. and
longitude 105 degrees 28 seconds 19 minutes W. The reser-
vation consists of about 10,240 acres, 8 miles long and 2 miles
broad, lying on both sides of Rio Bonito, which flows into
the Rio Pecos, a tributary of the Rio Grande. It is located
in the arid region of the United States 1400 miles from
the Atlantic, 750 miles from the Pacific ocean and 600 miles
from the Gulf of Mexico. The air line distance from Wash-
igton is about 1800 miles, from New York 1900 miles, from
Chicago 1200 miles and from San Francisco, 1000 miles. The
nearest railway station was at Roswell, New Mexico, on the
Pecos Valley Railroad, 25 miles distant, but on the first of
August the El Paso and Northeastern Railroad ran a branch
into Salado, New Mexico, only 6 miles from Fort Stantcm, and
about 150 miles from El Paso. '
Climate and Topography.
It is generally agreed that an elevated region with a warm,
dry and equable climate, is best for consumptives, and Fort
Stanton probably comes nearer to filling all these require-
ments than any* other locality in the United States. The al-
titudes may be a little too great, especially for advanced cases.
Should this prove to be true, a second sanatorium for the
treatment of these cases will probably be establi:>hed in a re-
gion of lower elevation.
The average temperature for the j — is about (55 degrees
F.), 12, 8 degrees C; (93 degrees F.), 34 degrees C. maximum.
It has run as low as (5 degrees F.), 15 degrees C; but this
is very rare. It sometimes snows, but the snow does not re-
^Sonder-Abdrnck ana dem Bericbt iiber den Kongreas znr Bekampfaiig
eer Tuberknloae ala Volkskrankheit, Berlin, 24. bis 37 Mai, 1890.
Digitized by VjOOQIC
PSYCHOLOGICAL. 507
main long. Fire for heating and winter clothing are needed
about 3 months in the year.
The rainfall is about 20 inches. The average number of
clear days or with slight cloudiness is over 300.
The elevation above the sea level is 61 51 feet. The coun-
try is rolling and hilly, gradually extending into the moun-
tains, is covered with grass, alfalfa, which makes excellent
grazing for sheep, goats and cattle. Higher up is the timber
belt, covered with lofty pine, spruce, fir,and cottonwood trees,
furnishing abundant material for lumber and firewood.
A few miles above the fort the waters of the Rio Bonito
abound in trout. With irrigation, which is already used to
some extent, and can be provided on a large scale without
great expense, all ordinary vegetables, except potatoe^s and on^
ions, can be raised. The finest fruits grow in and around the
reservation.
^ Water Supply.
This is obtained from an artesian well 265 feet deep, with a
capacity of 15,000 gallons in 12 hours. The water is pumped
into a reservoir, whence it passes through iron pipes to the
various buildings.
Sewerage.
This is only partial, the drainage being chiefly by acequias
(irrigation cansds).
Soil.
The geological formation exhibits outcroppings of new red
sandstone and mag^esian limestone.
The soil is a black, alluvial, alkaline deposit, exceedingly
rich, with a subsoil of gravel and volcanic stone. Coal fields
are found five miles distant, and gold in small quantity, in
the Ficarillo Mountains about 30 miles distant.
Heating.
This is done by means of wood burned in stoves and open
fire places. It is probable that coal from the mines of Salado,
6 miles distant, can soon be obtained in abundance.
Cases of tuberculosis may now therefore be sent from any
of the 20 Marine Hospitals and 120 relief stations, located on
the Atlantic, the Pacific, the Gulf of Mexico, and the Great
Lakes and rivers of the United States at Government expense
to the Fort Stanton Sanitary llanch for treatment, where
they will not only have the benefit of the climate and modes
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608 PSYCHOLOGICAL.
of treatment, but the most advanced scientific methods of a
medical nature from the physicians and bacteriologists se-
lected on account of their special fitness for this duty.
The Surgeon General hopes to enforce a regulation requir-
ing the examination of all sailors before shipping, by which
means cases of tuberculosis may be detected, thus giving the
best chances of recovery by treating the disease in its indpi-
ency and preventing the danger of communicating the dis-
ease to other sailors by reason of their close and intimate as-
sociation on ship board.
The Surgeon-General has in mind not to allow the c<mi-
sumptive patients at the Fort Stanton Sanitary Ranch to sim-
ply sit idle with nothing to do but to reflect upon his dis-
ease, but he hopes to give employment to all able to do work
of any outdoor character — ^with the double purpose of di-
verting their minds and aiding towards the support of the in-
stitution. '
Some cases, of course, require absolute rest,and emplo)rment
or rest is afforded as may be most suitable in the opinion of
the medical officer in charge.
The reservation being so great, i6 square miles, will permit
of sheep and cattle raising and the tending of these will give
healthful employment to a number of patients. Light garden--
ing and the raising of crops will also be undertaken.
The surrounding country is mostly public lands which when
irrigated can be easily tilled, and it is thought that patients
who have improved or recovered may take up a section or
engage in the employ of others who have settled in the
neighborhood, thus helping to settle at present an unsettled
district. '
The Fort Stanton sanatory ranch therefore already fulfills one
of the objects for which it was established, viz., the isolation
of the tubercular sailor, so that the other inhabitants of the
marine hospitals are no longer exposed to dangers from this
source. It also gives the consumptive sailor the best of fight-
ing chance known to get well.
But this is only part of a general plan proposed by the Sur-
geon General to isolate all consumptive sailors by examining^
them before shipping, and by systematic disinfection of the
forecastles — ^thereby checking one of the favorite hiding and
breeding places of this dread disease. '
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SANITARIUMS AND CLIMATIC CONDITIONS FOR
THE TUBERCULOSIS.
BY W. S. WATSON, M. D., SUPERINTENDENT OF RIVERVIEW
SANITARIUM, FISHKILL-ON-THE-HUDSON, N. Y.
I am very much interested in the paper which has just been
read by Dr. Bleyer. I feel that he must be congratulated on
the efforts he has made in this direction. I have been watch-
ing him with considerable interest for some years, and I feel
and believe that he is doing a good work.
I have done a little along the same line myself, but not
in the way he has shown us tonight. I have been using col-
ored light by the aid of the sun's rays, using blue, orange and
red, etc. I am confident there is a great deal in it, not only
in the treatment of tuberculosis, but I believe it is going to
do wonders, and that we are just on the eve of some wonderful
discoveries in that direction.
With reference to the construction of sanitariums for the
management of the Tuberculosis class of patients, to my mind,
this is a matter that ought to be taken into consideration. The
building of such structures without any regard to geting the
eflFect of light, (the sun-light) and the diflFerent colored light
effects is a serious mistake; the construction of sanitariums
without carefully considering these points in the treatment
of consumption is radically wrong. I do not think we are
sufficiently impressed with the advantages to be derived from
sun light, nor in having such structures situated or located
where one can get the sun light, and when that cannot be ob-
tained, the advantage of arc-light, at least.
Dr. Bleyer told us in his admirable paper of the pressing ne-
cessity for homes or sanitariums for the care and treatment
of the consumptive and of the advantages of certain colored
lights, he also touched upon plans of their construction, to
an of which we heartily agree. As to the effect of the violet
Read before the Medico-Lejj^al Sodcty in joint session with the Ameri-
can Congnss of Tnbercnlosis, Fcbmary ai, 1900. Diacuaaion of first
^pieaUoii.
Digitized by VjOOQIC
510 PSYCHOLOGICAL.
or other rays upon the tuberculosis bacilla we are as yet un-
able to say an3rthing definite. If we were positively certain that
Dr. Bleyer or any one else had found a positive means of de-
stroying the bacilla, we would say, well done, let us have a
united effort to get our consumptive class in sanitariums near
us where such means can best be used. While there remains
a doubt as to the practicability and curative action of colored sun
or electric rays, we believe it wise and proper to turn our at-
tention to the best possible climatic conditions for the ccm-
sumptive since a climate favorable to long life is the one thing
sought by man. The question is where can I go to prolong
my chances of life, suffer least and get the most enjoyment out
of the time allotted me? Thousands are asking themselves
tiiose questions, the consumptive more than any other, since
consumption is the greatest scourge of the htmian race. Among
civilized people nearly one-tenth of the population and so far
as we know there is no country entirely free from its ravages.
In Iceland the disease is rare, while in the West Indies it is of
common occurrence. This shows that heat is not a preventi-
tivc and that cold does not necessarily produce it. That med-
icines are of but little if any use can scarcely be doubted. Oxl
liver oil and immunitized serum are of doubted value, climate
is the one thing most promising at present.
I will say that I am not favorable to a cold climate for a
sick man, especially is a low temperature detrimental to the
consumptive, notwithstanding there are strong advocates of
the north, as the Adirondacks. I believe this positively wrong;
we will admit that many cases are braced up for a time in a
vigorous, cold climate, the electro-positive conditions tend to
make the depressed and jaded person feel better, but it is
absurd, to my mind, to send a person suffering from consump-
tion into a cold climate as he is of necessity a person with im-
poverished blood and enfeebled circulation, to place him where
he must be shut up indoors, week in and week out and expect
any lasting results for good is beyond our comprehension. We
will concede many try and are much of the time out in the
cold air of the northern resorts, the physician often insisting
that it is positively necessary to remain out. We agree that
outdoor air is necessary, but more die in the attempt than get
any lasting benefit from such ventures, and the sooner the
general public understand the unreasonableness. of such doc-
trines, the better for the unfortunates. While we do not ap-
Digitized by VjOOQIC
PSYCHOLOGICAL. 611
prove of cold, high altitudes and extreme changes, we also do
not see a fitness, in wann, humid climates for the consump-
tives. We have sent many cases of consumption to Georgia
and South Carolina in years gone by, also to Florida. In a
few instances they have been benefitted, but more frequently
returned under advice of the undertaker; if not under the un-
dertaker's immediate advice he claimed them a little later.
Akin, Summerville and Thomasville, all of which are admir-
able climates in comparison with Central or Northern New
York to live in and for the most part the comfort of the con-
sumptive during winter months, but the variations of climate
b even there too marked, changes are too abrupt to be what
is desired, the pine forests are no doubt beneficial and sooth-
ing by reason of the ozone and the sweet resinous odors of
pine, especially is this true of bronchial troubles. The middle
Southern States are better fitted to the nervous class than the
consumptive.
The chief points of importance of climatic conditions, are
first, what are the probable conditions that are most favorable
to non-development, retardation or cure of the consumptive.
The first is dryness of air, freedom from micro-organisms,
irritants and noxious gases, the largest amount of sunlight
practicable, diminished barometric pressure, ozoniferous at-
mosphere. Chief of all a climate that admits of an outdoor
life the largest possible amount of time, believing that out-
door life is positively essential and that an indoor life is
positively destructive, and hastens to an untimely end. We
are sure that high altitudes in a Southern latitude are the only
safe resort and afford the advantages enumerated. Our un-
derstanding and observations are such that we believe that
portions of the Republic of Mexico, the high table-lands at an
elevation of from 3,000 to 5,000 feet above the sea level, offer
more and better advantages than any other country, perhaps,
in the world.
When all is considered, Mexico has climatic conditions
suited to almost any possible condition that can exist ; tem-
pa"ature and barometric pressure depending entfrely upon ele-
vation, as does also humidity and dryness there. In her high
altitudes there is a positive freedom from sudden changes of
extreme character by reason of the lofty and continuous
mountain ranges that surround the plateau lands of the Re-
Digitized by VjOOQIC
512 PSYCHOLOGICAL.
public, which is not a feature of any other country in the
world, to our knowledge.
Various countries have the desired land elevation, but do
not have the mountain protection, consequently do not have
the eveness of temperature required for an outdoor life of the
invalid or a consumptive. In most of the mountain resorts of
the world there are one or more serious objections to our
recommending them as a constant home or even a temporary
resort.
In northern climes, the extreme low temperature is incon*
sistent with outdoor life, a large share of the time, which of
itself is a serious objection. The day is near at hand when
no medical men can conscientiously advise cold climate for
an invalid, much less the consumptive. Another objection to
high altitudes in northern climates is the sudden fall of tem-
perature, a thing that must not be encountered by an enfeebl-
ed constitution, if it would do well. We wish to repeat that-
a low, humid, hot country is equally detrimental or nearly so,
to that of a cold, frigid one, for the consumptive. Portions
of Mexico and New Mexico are certainly well adapted to
certain classes of nervous cases and pulmonary conditions.
Why.^ By reason of the high altitude that may be obtained,
the air being aseptic, free from dust, irritation and low forms
of organism or microbes, and by reason of rapid evaporation
of morbid secretions in the lungs which is promoted by the
reduced barometric pressure and the dryness of the air at the
elevations named, and by the increased oxidation of the blood
and tissue changes which are due to increased metabolism,
largely dependent on the sun light of these high altitudes.
In high altitudes there is an increased frequency and freedom
of the blood circulating through the lungs, hence increased
metabolism and consequent tissue changes.
The increased activity and deep breathing attendant upon
a life in high altitudes tend to improve nutrition.
Along with the local and general nutritional effects that are
manifest from a stay in the high altitudes of Mexico, are the
delightful stimulating effects upon the nervous system.
Still another noticable feature, one much to be desired, is
the increase of red blood corpuscles and hemoglobin. Such
blood changes are unquestionably due to the increased
amounts of oxygen inspired in these high altitudes. Anemic
conditions rapidly disappear in the sunlight of Mexico's high
Digitized by VjOOQIC
PSYCHOLOGICAL. 513
altitudes; rapid and remarkable improvement in the local and
genera] conditions are coincident with the blood changes, in
the consumptive that are transported from the sea level to
altitudes of three or more thousand feet; this has been demon-
strated by numerous careful observations in Europe, North
and South America.
So far we believe the only successful means of combating
tuberculosis, is by increasing the resisting powers of the sys-
tem. Outdoor life in a mild, dry, climate, where the general
health can be kept to the highest possible standard, offers
certainly the best possible advantage and the longest immu-
nity.
The climate of the high lands of Mexico certainly offers all
that can be desired in point of climate.
I wish in calling attention to Mexico as a natural sanitar-
ium, or portions of it, to add that the Republic of Mexico
is a much misunderstood country; although near us, it has
seemed to be a far off land, without merit, beauty, or other at-
traction; its inhabitants a people who are strangers to hospi-
tality, who live within and for themselves, whose prejudices
are so deeply rooted by reason of never to be forgotten un-
pleasantness, that cost them many lives and much territory,
notwithstanding the United States after giving them the des-
perate whipping they did, and afterwards offering an apology
for the act by paying them for the lands they had lost, has
not wholly healed over the wound, and even now each and
every Mexican feels called upon to see how unpleasant he can
make it for a would be settler from the United States.
Such we are happy to say is not the case, but is a miscon-
ception. A more liberal, hospitable people are not to be
found. Instead of repelling, they invite you to come; they
ask that Mexico be better known; they seek investigation of
their great country, the advantages of climates, etc.
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CAMP AND OUT DOOR LIFE AS AN AID TO
THE PERMANENT CURE OF
TUBERCULOSIS.
BY THOS. BASSETT KBYBS, M. D., OP CHICAGO.
It is now conceded by many, both physician and layman, that
hospital and sanitarium life for the treatment of consumption
is a failure. Indoor life and treatment must now give way to
out door camp and tent life.
It is now generally recognized and advocated by all physi-
cians that outdoor life is the ideal one for the consumptive.
Dr. P. H. Bryce, Deputy Registar General of Toronto, Canada,
(the Canadian North West and Rocky Mt. Districts in the Treat-
ment of Tuberculosis, Canad. Med. & Surg., 1896) says that
''perhaps nothing has grown into such favor in the treatment of
tuberculosis as the so-called air cure.'* Dr. Ransome in his ex-
cellent prize paper (Researches on Tuberculosis, 1898, London,)
goes on to detail experiments which prove that fresh air, sun-
light, and dryness of soil are inimical to consumption. He has
nothing but praise for the open air treatment. Dr. Futcher, in
his article (The Open Air Treatment of Tuberculosis, Phila.
Med. Jour. 1899-II-1025,) says "The open air treatment of
tuberculosis is now generally accepted as the one that has given
the best results in the treatment of and in resisting the onset of
this dread disease." Outdoor life has found great favor, espec-
ially among the European physicians, in Germany and Switzer-
land, where the cottage plan is in operation at several places.
The greater prevalence of tuberculosis in crowded cities and
unventilated dwellings shows that these conditions are favor-
able to the increase and virulence of the specific bacillus, and it
is also plainly evident that the disease pursues a more rs^id
course in large cities. Of all occupations those who lead out-
door life are less subject to the disease. These statistics prove
that the agriculturalist is less subject to the disease than any
Read at Congress of Tuberculosis, before Medico-Legal Society, on Feb*
maiy 21, 1900. Opening paper on Question No. 2.
Digitized by VjOOQIC
PSYCHOLOGICAL. 61&
other perscm; on the other hand those who are engaged inside
in dusty work ,and where there is poor ventilation, such as those
who work on doth, printers, etc., are more frequently the
Tictims of this dread disease.
That the dty is not the place for the consumptive is proven
by all post-mortem examinations of the lung tissue, for in those
who reside in the c?ty or large towns, the lungs are found of a
darker color, discolored from particles of smoke and carboo
which has been breathed into the lungs, while the examination
of the lung tissue of those who have resided in rural districts is
found free from carbon and of a more pinkish, healthy color.
Proof that indoor life leads to tuberculosis is found in the
well known fact that wild animals do not stand domestication
and confinement,but die of tuberculosis. In Lincoln Park Museum,
Qiicago, I am told by the head animal keeper, C. W. McKeran,
who has perhaps had a larger experience in the rearing and care
of wild animals, than any other man in America, that nearly all
wild animals in the museums, come to their death from tuber-
culosis, and that rickets and other tubercular diseases, is the
reason why most of the young ones die within a few weeks after
birth. On the other hand wild animals in a state of nature
escape this dread disease It is also well known that western
cattle allowed to roam are not as subject to tuberculosis as those
which are confined in bams, but that the disease is very frequent
when the cattle are housed. The same fact applies to calves, for
it has been noticed that calves descended from herds known to
be tubercular, do not have the disease until confined in barns and
sheds when they are very apt to take on the disease. That tub-
erculosis was due solely to confinement was not probable, as dry
food stuffs which are fed to cattle are less nutritious and harder
to digest, but that it was a principal factor it is evident.
We, as Americans, are living in homes, many of which are at
times impoverished for pure air. These homes are artifidally
warmed by steam, furnace or stoves. The disadvantage of the
first two bdng improper ventilation and of the latter while a
large stove is capable of giving ventilation, it consumes a great
deal of oxygen, an element so much needed by the system.
It has been demonstrated by experience that no amount of ex-
posure to draft, cold, or wet, or any change in the weather will
cause the weakest patient to catch cold so long as life in the
open sir is led In camp life the patient is allowed to go out
in the open air, or to sit with bare head in the sun. Each pa-
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516 PSYCHOLOGICAL.
ticnt should have his own tent, which should be placed over a
well made platform of matched boards. In each tent there is a
camp stove to maintain the proper degree of warmth. Only
one patient should be allowed to sleep in a tent. Patients who
are accompanied by friends necessarily have separate tents.
Centrally there should be a large dining hall well made and di-
vided into several rooms. Here the patients are supplied with
proper prescribed meals. Each patient being under the person-
al care of a physician, such diet as indicated is g^ven. The food
prescribed should be rich in nutrition, and each patient over-fed,
food being given in much larger quantities than the patient's ap-
petite demands. For some patients special meals are g^ven.
Meals should generally include large quantities of milk from a
selected herd, an abundance of fatty and farin;aceous food, and
moderate quantities of meat, also game and fish in abundance.
Patients should be required to rest an hour before meals and an
hour after each meal. The meals should be served at regular
hours, viz: 8 a. m., 12 m. and 7 p. m.
What is called the treatment house should also be centrally
located, and this consists of two large treatment rooms on the
first floor and well ventilated pleasant rooms on the second
floor, for the use of patients in case they should require more
personal attention.
Each patient should be treated according to his special needs.
In the first place patients generally suffer from catarrh of the
stomach, and the best means to cure this is to wash out and irri-
gate the stomach thoroughly, using a double flow tube. This
also by the action of the diaphragm and the muscles of the
chest clears the lungs. In some cases I use hot-air conveyed into
the stomach, through a stomach tube from a special devised
heat generator.
In the treatment of tuberculosis I consider the following steps
of the greatest importance.
1. Irrigation of the stomach to cure catarrh and to stimulate
the pneumogastric nerve, and to promote digestion, and assimu-
lation.
2. The correction of all abnormal conditions about the nose
and throat.
3. Outdoor life and proper exercise.
4. A system of overfeeding together with proper tonics.
5. Careful watchful supervision by the physician, to meet
demands as they may arise.
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PSYCHOLOGICAL. 6l7
There are many other adjuncts useful to the treatment of tub-
erculosis, which in a paper of this kind need not be mentioned,
but of these let me call your attention to static electricity and
ozone.
For this purpose a large static machine is used, to generate the
ozone. A stock of all necessary drugs for the treatment of
tuberculosis, and for conditions that might arise, particularly
reconstructives, tonics and cod-liver oil and preparations of that
kind together with preparations as pepto-mangan, etc., should
be at hand in the camp.
X-Ray examinations of the patient's chest should be made
once monthly and the improvement noted.
With this method of treatment patients gain rapidly in weight,
averaging from 3 to 6 pounds during the first few weeks. Some
patients gain 40 to 60 pounds, and it is not uncommon for them
to gain 1-4 to 1-3 of their entire weight The anemic patient
becomes robust and muscular. The regular exercise develops
muscle and the pleasant surroundings occupies the mind. The
patient fishes and hunts, and with gun, rod and camera goes
through alregiilar system of exercise Women are as fond of
the outing as are the men.
By outdoor life the patient becomes strong and hardened to
resist the atmospheric changes in temperature and weather, so
that when they return to their city homes they have become ro-
bust and are not affected. By this treatment it is sought to
maintain a permament cure.
To select a proper site for a camp naturally one in a warm
climate for winter, and one in a northern state for summer will
best meet the needs of the patient. The climate in Northern
Wisconsin during the summer months is particularly suited to the
consumptive and those of weak lungs. Statistics show this to
be the most healthful summer climate in the United States,
the great timber belt of the state, of which a large proportion
is covered with balsam woods, including pine, hemlock, cedar,
spruce and tamarack. It is well known among health seekers
for its invigorating climate and generally healthful surroundings.
One feels a difference at once in traveling from the southern
part of the state, or from other states, as soon as he enters what
is known as the pine belt of Upper Wisconsin. This section is
also a sportsman's paradise, which, with its heavy forests and
myriad lakes, offer opportunities for the hunter and fisherman
which arc unexcelled anywhere in the western country.
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618 PSYCHOLOGICAL.
The camp should be located where the soil is naturally dry and
in such a position that the slope of the land will keep it well
drained, so that the injurious effects of dampness will not be
felt, and so that there will be no oscillations of underlying sub-
soil water. There should be plenty of sunlight, and movement
(A air. The advantage of sunlight to the constunptive patient
is well known. It produces an haematonic effect. Perhaps the best
location is found in the larg^ pine belts of the North and
South, as here there is plenty of ozone and a healing extract of
pine seems to prevail in the air.
The tents should be large and of the heaviest of duck, placed
well apart and built upon hardwood platforms, which should be
varnished. The dining hall must be supplied with a plenteous
table and everything of the very best.
The strictest sanitary conditions must be carried out. Each
patient is impressed with the necessity of hygiene, he is not
allowed to expectorate on the premises, but he is supplied with
a Dettweiller pocket flask and the sputum is burned. Each pa-
tient acts as a special police, and should one be found to ex-
pectorate on the premises he is reported by another, but each
patient is always faithful to his duty. In fact the patient must be
under the supervision and well regulated care of the physician,
for it is the experience of everyone who has visited the numerous
resorts that little pennanent good has been obtained unless un«
der the supervision and treatment of a physician.
Under the strictest sanitary conditions, that in every way meet
the severest test and demands of hygiene, and bringing into play
everything that is elevating and stimulating, by using every
means known to modem science as useful in the treatment oC
tuberculosis, and by a diet suitable to the purpose, then camp
life is the ideal one for the comsumptive for these reasons:
1. It is inexpensive compared with hospital treatment.
2. It encourages exercise, producing much muscular devel-
opment and a healthy appetite.
3. It affords pleasure and amusement (not afforded by indoor
or Sanitarium life) and removes the patient from home surround-
ings with their many injurious influences, and consequences, both
to patients and friends, into a healthy virgin district.
4. It toughens and makes the patient robust and thus helps
to maintain a permanent cure.
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WHAT ARE THE MOST SUCCESSFUL
METHODS OF TREATMENT?
BY DR. KARL VON RUCK, OF ASHKVILLE, N. C
Gentlemen: — ^The opening paper on "Camp and out of Door
Life as an Aid to the Permanent Cure of Tuberculosis," con-
tains the remarkable preamble that "It is now conceded by
many, both physicians and laymen, that hospital and sanitar-
ium life for the treatment of consumption is a failure. Indoor
life and treatment niust now give way to out door camp and
tent life."
This statement is the more remarkable at this American
Congress for tuberculosis, when only eight months ago the
Tuberculosis Congress in Berlin assembled for the chief pur-
pose of giving aid and influence to the movement of establish-
ing sanitaria for the consumptive middle classes and the
poor; in full recognition of the excellent work heretofore ac-
complished by both private and public institutions, especially
designed and conducted for the treatment of tubercular pa^
tients.
The author of this statement seems to labor under, or to
convey, the impression that in Sanitaria for Consumptives the
patients are confined to their rooms, and are actually deprived
of the advantages and benefits from the open air treatment.
To correct such a misapprehension I deiire to remind the
distinguished author that proper "open air treatment" had its
origin with special sanitaria for consumptives, and although
change of climate was a recognized aid in the treatment of
consumption centuries ago, the credit for systematic climatic
treatment, or open air treatment, as a valuable therapeutic,
measure, and as now recognized by the foremost men in the
profession and by the leading phthiso-therapists of all coun-
tries, belongs to the father of Phthiso-therapy, Dr. Herman
Brehmer, and to his distinguished pupil. Dr. Dettweiler, the
Read beibre the Mediocvl^egal Society la johit leMioii with the Ameri-
etn Congntt of Tnbercnlotit, Pebmafy 2a, 1900. Diacnaiioii of •econd
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520 PSYCHOLOGICAL.
former respective heads ol the Sanitaria for Consumptives in
Goerbersdorf and Falkenstein.
Without considering the universally acknowledged lack oi
fodlities of general city hospitals for the proper care of phthis-
ical patients, I may say, that this lack lies chiefly in the want
of open country, spacious grounds, piazza room for out of
door life, and a sanitarium that lacks these faicilities and does
not take advantage of them, can not be spoken of as a sanitar-
ium for the class of patients under consideration.
The evidence which the authot adduces, as to the predis-
position of those who lead an indoor life or who follow dusty,
indoor occupations does, however, not necessarily prove that
the out of door life is all that is necessary for the cure of tuber-
culosis, and for the difference m predispositicMi between an
office clerk or a factory hand, and a farmer, we must also take
account of the difference of exposure to infection. What ap-
plies to the mode of life in close confinement of men, applies
equally well to domestic as compared with wild animals.
It would be folly and a wasting of words to controvert the
fact that an out of door life, free from unreasonable hardship
or exposure, is conducive to the best physical vigor, and cli-
matic treatment of tuberculosis whether carried out in a spec-
ial sanitarium of modern construction and with necessary com-
forts and conveniences, under a prc^r hygienic and diatetic
regfimen, or in a camp of tents as the author advocates, has this
and this only for its object.
As to the preference for the well equipped sanitaria to
the camp of tents and vice versa, there may be a difference of
opinion, but having never conducted such a camp sanitarium
myself, I can only mention my misgivings, and if I am wrong,
I shall be grateful to be corrected. The only advantage tha<
I can now see for the camp of tents over the modern sanitarium
is the cost of construction and maintenance, but this is large-
ly offset by other considerations which appear to me quite
valid.
Of my misgivings I may mention the want or difficulty of
obtaining a proper and unfailing supply of necessary stores and
provisions, especially of abundance of fresh meats, milk, cream
and butter, and if these are available from a distance, then
arises the difficulty of proper facilities and conveniences for
their keeping, especially in warm weather.
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PSYCHOLOGICAL. 621
The difficulty of kteping the camp in a perfectly sanitary
condition.
The danger of contracting colds, and catarrh especially to
weakly and delicate patients and even to those still of fair
vigor, when an abrupt change is first made.
The difficulties that must arise in the management and diet-
ary of cases having active symptoms and complications.
The necessity of shifting the camp a long distance for dif-
ferent seasons of the year.
But, granting that all these disadvantages are overcome, I
see no material gain in other directions. A well constructed
and properly equipped institution, located in a favorable cli-
mate, can carry out the climatic treatment every day in Iht
year, it has facilities to do this in the coldest weather, in rain,
wind or sunshine.
Patients who seek recovery from^ phthisis are, as a rule,sick.
They often have fever, and night sweats, poor appetites, and
impaired digestion, th'ey have frequently been confined to
their houses, rooms or bed for considerable periods before they
seek climatic and other appropriate treatment, and it would
seem to me to be a badly chosen time, to start out in the camp
and tent life at such a stage of their illness.
A special institution can bring about tho change. in a more
gradual and safer manner, and can afford its advantages to
cases having acute processes, in the treatment of which the
comforts and conveniences of a modem building are indispen-
sable.
It is not only in the tent of a camp that patients can have
all the out of door life that they need for their best interests,
and the same is true of proper rest and exercise. The only
difference of also sleeping in a tent instead of in a comfortable
room, well lighted and ventilated, seems to me in favor of the
latter. At any rate sleeping in a tent is not a requisite to the
maintenance of the best of health nor to its recovery when it
has been lost, and apart from this, a good sanitarium for tu-
bercular patients affords everything else and more than the
camp could supply. Moreover, it could easily provide the tenr
also for selected cases if there w* re any good reason for hav-
ing it.
I cannot but agree with the author as '•o the neccessity of
constant professional care and control of phthisical patients,
and of strict individualization for each case. I doubt,however
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522 PSYCHOLOGICAL.
the utility of over-feeding so long as the patient takes all the
nourishment that he can possibly digest and assimilate.
Such efforts have usually proved disipal failures, and a b ?t-
tcr way, in my own practice has been found, in the removal
of the anorexia, if it exists, by giving due attention to its
cause.
Patients who are free from fever and from disorders of the
digestive organs, and who avoid excesses in drink and food,
usually maintain a good appetite and gain in weight and
strength if their general care and treatment are correct. The
only tonics that they usually need is plentiful fresh air and sun-
shine, good food, sound sleep and the proper amount of rest
and exercise which is requisite or permissible for the individual
case.
But with all these advantages, pulmonary tuberculosis is
not so readily cured as is frequently supposed, and while the
fever may disappear, and the cough may subside; while the
patient may have regained his strength and consider himself
well, he often abandons the required regimen too soon.
If at such a time we apply a tuberculin test, we usually find
that the supposed cure is after all only the advent of a latent
stage.
If such :» patient return to his former home, the out of docw
life is likely to be given up, or greatly restricted. Resuming
his former social and other cares and responsibilities, espec-
ially under less favorable climatic conditions, he soon begins
to lose ground, and after a few months more, he is liable to be
where he started the year before.
To obtain permanent results n.eans to give nature an op-
portunity to cause fibroid transformations of recent and the
effectual encapsuling of older or caseous tubercular deposits,
and for the healing and cicatrization of open cavities. This is
not accomplished by a short season of camp life, nor by open
air treatment even in an institution, and such a result must
not be assumed, because the general health has been restor-
ed, or the general symptoms have for the time disappeared.
To pronounce a patient actually cured of his tuberculosis,
he must not respond to a full test dose of tubercle toxins, and
to accept the ulcerative phthisical processes as healed and cica-
trized, there must have passed at least a number of months
during which the physical examination in the absence of cough
and expectoration justified such an assumption.
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PSYCHOLOGICAI.. 523
Under climatic treatment alone quite a number of years are
often required for the complete encapsuling and obliteration
of the present lesions, and before this is accomplished inciden-
tal inflammations in the lungs from colds, grippe, pneumonia,
etc, may again change the latent process into one of ulcerative
phthisis.
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EXTERMINATION OF THE HUMAN RACE BY TU-
BERCULOSIS; ITS CAUSES, ITS EFFECTS,
ITS PREVENTION, AND CURE.
BY PRANCISQX7B CROTTE, A. M.. PH. D., OP PARIS, TRANSI^TBI>
PROM THB PRBNCH BY DR. P. T. I^ABADIB.
It is scarcely 50 years since tuberculosis is really known,
that is to say that it has taken a development and is spreading^
with alarming proportions. To look at the statistics in Eu-
rope is enough to give us a shudder when we see that in Eng-
land, especially in London, about 75 per cent, of the population
are suffering from this terrible scourge; in Russia 40 per cent,
in Germany about 35 to 40 per cent., in France 30 to 40 per
cent., in Italy and Spain 35 to 40 per cent., and in America
50 per cent. The countries near the North Pole are the only
ones almost safe from this disease, and there are even some
northern countries where this modem plague is unknown.
This disease has only latdy been better known — ^more es-
pecially since the time of Pasteur and since Koch has discov-
ered the bacillus. The ancients used to call it "the disease of
languor."
This scourge making its ravages, increases every day, and
threatens even to extinguish the human race, very
rapidly. In nearly every family there is one or several ^c-
tims, and if half of humanity is contaminated, the other half is
trembling and does not know how to protect itself against the
invading plague.
The causes of tuberculosis are numerous and they can not
even be determined. Somewhat of a mystery surrounds it.
Today it is a man strong and vigorous who, according to ap-
pearances, would live many years, who is taken suddenly with
hemoptysy, night sweats, fever, etc., and shortly develops all
signs of hasty consumption; nothing can stop the disease
which leads him to death. It is a surprise to everybody and
Read before the Medico-Leml Society in ioint teasioii with the Ameri-
can Congreee of Tnbercaloni, Pebmary as, 1900. Diacnation of fint
and aecond queationa.
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. PSYCHOLOGICAL. 626
the question is raised how it was possible this strong man
could have succumbed to tuberculosis.
It is believed that only sickly and anaemic persons may suf-
fer from this malady. This is an error. Anyone may be sub-
ject to it.
Another time, it is a child bom tuberculous, and yet his
parents have good constitutions and are in good health.
Finally, and most frequently, tuberculosis is insidious and
the patient passes through the three degrees without much
suffering, hardly knowing that by expectorating day by day
the substance of his lungs is thus constantly diminishing. He
contaminates his relatives and friends, and as a last resource
he is sent to another climate only to contaminate again his
surroundings, and to die slowly with all the horrors of deaths
leaving behind him sorrow and despair.
In spite of these conditions, of adl these dangers, no serious
precautions are taken for protection. The public is con*
stantly facing the enemy, not being even aware of its danger
and of the many sources of contamination by which it is sur-
rounded, for instance the business houses where many employ-
es breathe the same vitiated air, of overheated rooms where of--
ten quantities of merchandise are stored up covered with dust
and all kinds of micro-organisms; the small apartments with-
out any air, never cleaned, repaired or disinfected, where often
one or more patients suffering from tuberculosis has lived and
died; the berths in the railroad cars where tuberculosis patients
of all degrees have slept when on their way to seek relief in
other climates; the glass or cup in public places used by every-
one ; in hotels, the beds, the carpets, the curtains, soiled by the
sputum of ignorant or indifferent patients; all these are con*
stant sources of contamination.
One of the great causes of contamination is the use of raw
meat, or meat which is not cooked enough, owing to the fact
that, in spite of all precautions taken, many cattle sufferings
from tuberculosis are put on the market. Danger also lurks
in the milk given to our children.
The disease does not belong to the human race; it belongfs
to the bovine race. Vaccine from child to child or taken from
non-immunized or tested animals, as it has been done former-
ly, was also one of the principal sources of contamination.
Syphilis is the real source of many of the plagues which
threaten humanity. Since the 15th century when it appeared
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526 PSYCHOLOGICAL.
in its entire and new virulence, it has entered into our blood
constantly with every genertition, diluted so that it has lost
much of its immediate danger, and thus has given birth to
other maladies like anaemia, scrc^ulosis and general tubercu-
losis.
Rarely a young man who leads a so-called bachelor life has
escaped having a venereal accident of some kind and whatever
is said of blennorrhoea it certainly is in some way syphilitic,
4uid although appearing to be entirely healed, yet in reality is
never cured; the virus remains in the prostata and thus it
happens that, when married, to the surprise of all scrofulous
children are bom.
Another cause for contamination of tuberculosis must be
mentioned the danger of which is not sufficienty considered.It
is the woman who, with her long skirts, wipes up from streetS;
from cars, public places, etc., etc., numerous bacilli resulting
from the sputa of careless patients which are thus carried
into her home, where children and other members of the family
are thereby exposed to contamination.
We may say that the enemy is ever)rwhere, invisible and
waiting for the opportunity to develop; we are without defense
by ignorance of the danger, to stop the ravages.
To stop the ravages and the spreadini? of tuberculosis, ener-
getic measures must be taken the same as for epidemics of
other contagious diseases. The government and the Board of
Health should intervene; in each state, in each county or city
a committee should be elected ordering every citizen to be
physically examined; the sputa should be analyzed and a thor-
ough examination of the condition of the lungs made. This
is done to protect us against small pox. Why riot take the
same measures against the equally terrible plague, tuberculo-
sis? Thereby we would know where the enemy lies and en-
ergetic measures could be taken to disinfect the dwellings,
treat and send the patients into hospitals or sanatoria, thus
separating them from those yet free from the disease.
Consumption is curable, absolutely ciuable; the proof has
been made.
The meeting of today is devoted to a generous and laudable
task, to stop, if possible, this terrible scourge and the ques-
tions to be discussed are wise and practical.
The principal question is to search for the best way to treat
tuberculosis by the most modem method.
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3
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Si
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v;
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sr
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Digitized by VjOOQIC
PSYCItOLOGICAL. 627
In Mr. Crotte's opinion, based upon an experience of 20
years, sanitariums must be situated in localities where the air
is pure, free from fog and mist, sheltered from winds, not at
too high an altitude, not too near the sea, but yet near enough
to receive the salt air without its harshness and intensity. This
air stimulates the appetite and is also antiseptic.
An altitude above 4,000 to 5,000 feet is not suitable. At
Davos Platz in Switzerland where the altitude is about 4,500
feet there are more than 50,000 patients treated. They feel
very well; the pure ozonized air causes them to breathe with
ease, but when the patients leave the place and try to descend
blood frequently flows from nose and mouth and they find it
impossible to stand the heavy atmosphere natural to the low al-
titudes. To send patients to those sanatoria means to bury
them alive and to separate them forever from their bmilies.
The sanatoria can be very spacious and contain from 500 to
1,000 rooms, exposed to the sun. These rooms must be con-
structed in such a manner as to fodlitate the distribution of
air charged with ozone, and especially with the vapors of for-
maldehyde which with certainty destroys such bacilli. The
rooms should always have the same temperature ;the air should
be renewed day and night; the bacilli must be fought constant-
ly with an antiseptic atmosphere to prevent them from creat-
ing their toxins and allowing thereby the diseased lungs to
heal. The patient should eat nitrogenous food and in as great
a quantity as possible. To this food phosphorous substances
should be added which are necessary to reconstitute the lungs
which in the case of tuberculosis always lose this principal ele-
ment.
It is always well to occasionally change the climate; how-
ever consumptives may be cured without this change. I con-
sider all hypodermic injections and serums innoxious and
sometimes dangerous. If a vaccine against tuberculosis could
be found, as the vaccine against smallpox, an aim would be at-
tained, as it might prevent the disease; but what effect can be
expected from an injection in reference to a cure; how could
it serve to heal cavities in lungs of which the substances are
in a state of decomposition.
To obtain this end a local treatment is necessary; we must
reach the lungs directly without danger to the patient. Elec-
tricity alone is the marvellous agent by which we can gain
this result; this wonderful agent has the power of passing
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628 PSYCHOLOGICAL.
through the skin, the bones, even the brain without ever
injuring the patient.
Emile Gautier, of Paris, the distinguished literary writer,
has said, "I know many methods which by their inventors
"are claimed successful but I know only one which has really
''given results, it is that based upon electric static currents
"of high tension transfusing medicaments aird antiseptic^
"through the pores of the skin, together with inhalations of
"formol, thus reaching th'^ seat of the malady and enabling
"thereby the successful treatment of the diseased parts of the
"body, I mean in one word, the method of Francisqne Crotte.^'
The same Emile Gautier cites many cases of cures known
to him personally and certified to by many known physicians
in Paris, such as Dr. Bertheau, Dr. Malsang, Dr. Decan, Dr.
Guidez, etc., etc.
Electricity carries with it the antiseptics, just as galvanop-
lasty is used to carry the metals. In medicine its use is still
in infancy; every day it reveals to us surprises. Since 1893
when he communicated his report to the Academy of Science
of Paris on his method for the cure of consumption and the
results accomplished, he has obtained, with the aid of distin-
guished physicians, numerous cures. Since he has been in
America he has also obtained very good results and we can
cite some physicians who are much pleased with the method.
Crotte treatment consist, ist, in inhakitions of vapors of
fonnol; 2nd, in transfusion or transport of antiseptics by stat-
ic currents of electricity of high and medium tension.
The first operation consists in thr disinfection of ihe patient
bgr ablulionfr with a soh^ion of formoL After tUa, and when
the pores erf the ddn are open, we let the static currents pass
by connecting both poles on the lun{ip, that is one pole on tbe
chest and the other on the back.
Fig. I represents the static machine made in Paris spedaHy
for the transport of medicaments. In Fig. 2 and 3, spoftges %t-
tifated with other antiseptics dosed according to Ac case are
applied on the skin for about ten minutes and we pernut the
currents to pass for the transport. In this manner the bacillos
w absolutely destroyed, and if its reproduction were not so
rapid, a few treatments would be sufficient for the cure, but it
is necessary to apply the treatment every day in order to pre-
vent the new comers from creating their toxines, tbe initial
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Fig. II. Transfnaion of antiseptics into the lungs by inhalation.
Digitized by VjOOQIC
Fig. III. Transfusiou of antiseptics and disinfection alternating both pdei*
Digitized by VjOOQIC
psy<:hological. 629
cause of hectic fever, of the poisoning of the blood, and of the
decompsition of the pulmonary substances.
There is no possible room fpr doubt. The transfusion of
mendicaments through the pores of the skin by electricity is
an accomplished fact.
Aiwlysbmadt by Dr. Wolf, Bacteriologist of Women's Hospital, New
Yoi^ City, who has ascertained tbit pretence of formaldehyde and of
iodine in the longs and other organs after the trmnsfiition of these medic-
aments into the bodiaa of animals by static currents of electricity.
NSW York, September 9th, 1899.
Ma. Francisqub Crotte,
Dear Doctor:—! removed the Innga of the gninea^pig yon treated with
the iodine, extracted same with distilled water and chlorine water, the
seme acidified and shaken with carbon disolphide; I obtained a marked
▼idet-red coloration showing the presence of iodine.
No. 4272. (signed.) A. WOLF.
Nsw York, September 9th, 1899.
Mr. Pranosqub Crotte,
Dear Doctor T-^l removed ^e Inngs of gninea-pig yonsabmitted to the
formaline treatment; eictracted same with distilled water, distilled the
extract, treated the distillate with a drop of very dilute phenol and pour-
ed same over strong solphnric add. At the pcAnt of contact of the two
fluids, I observed a faint but positive pinkish coloration showing the
presence of formaldehyde. The organs of this animal showed a marked
form of pteservatiea, not die sUghftcst evidence of pntrefockion being
evident.
Na 4a73* (signed) A. S. WOI^.
The above reference to the preserved condition, of the specimens, after
lyings Ibnr days in the bottles, without alcohol or other preservative. Is
aaotber proof of the presence oJ/ormaldokydo^ which prevents pntreAic-
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A STUDY AS TO THE CAUSE OF TUBERCULOSIS
AN IMPORTANT FACTOR AS TO ITS
TREATMENT.
BY B. F. LYI^E, M. D., CINCINNATI, OHIO.
As physical depreciation is an important, if not an essential
factor in the propagation of consumption, the avoidance of
habits and methods of living which favor this condition, is a
self-evident necessity if we Wish to avoid the disease or pro-
mote its cure.
While faulty environments have a debilitating influence on
persons, we also learn, from the investigations of Prof. Ran-
some and others, that these same conditions favor the con-
tinuation of the existence of tubercle bacilli outside the body
and may even favor tfieir growth.
From the bacteriological experiments of Dr. Denison we
learn the capability of altitude in inhibiting the growth of
bacteria, and its advantages because of this and other reasons.
Still the search for a locality or climate where consumption
canot be acquired, has always been in vain. The large per-
centage of persons infected with theacdisease makes it a pe-
cuniary impossibility to hope to secure for them the benefits
of a removal to more suitable climates.
The disease is with us to stay until we can, by aid (^ an
intelligenjt and enlightened public opinion, accomplish its
eradication. For consumption, like all other infectious dis-
eases, is a filth disease and consequently a preventable one.
The universal prevalence of tuberculosis indicates that all
are exposed to the influence of its exciting cause. That, as
a rule, only those of natural or acquired physical inferiority
succumb, proves the necessity of having perfect and healthy
bodies.
As causes predisposing to the disease we will consider
heredity, age, sex, race, occupation, food and environment,
not taking up the potent influences of syphilis, intemperance,
Read before the Medioo-Legal Societj as a contribution to Americas
Congreaa of Tuberculosis, March 21, 1900.
Digitized by VjOOQIC
PSYCHOLOGICAL. 631
trauma, and the debHitating and inviting influences of bron-
chitis, pneumonia, influenza, and other diseases.
Heredity: — Since the publication of Squire's paper, the im-
portance of heredity has not been given the consideration it
no doubt deserves. As Baumgarten suggests, the presence
erf tuberculosis may be, and no doubt is at times, due to direct
transmission from the mother.
The following case, which has not yet been published, is an
illusiration. Betty P., eolored, female, single, aged 32 years,
was admitted to the Cincinnati Branch Hospital for Con-
sumptives, December 15, 1899. She stated she had been sick
for two years and had had attacks of hemoptysis during the
whole of that period. She had had frequent night sweats for
the past twelve months. A child eighteen months old had
died four months previous to her admission. She was in the
last month of pregnancy. On December 15 her child was
bom, and on the 17th she died. Post mortem examination
revealed a large number of cavities in the upper and middle
lobes of the right lung and consolidation of the remaining
lung areas.
The child weighed three and one half pounds at birth; when
it attained the age of two months it weighed five pounds; its
weight then declined to four and one-half pounds; it died
March 3, 1900, aged 78 days.
The postmortem showed the lungs, liver and spleen filled
with myriads of caseous tubercular deposits. The kidneys
also contained a few caseous masses in the corticil substance;
the bronchial glands were very large ;the intestines and mesen-
teric glands uninvolved. Tuberculosis has been produced ex-
perimentally in the young of mice by injecting tubercle bacilli
in the pregnant mother.
We have good reason to suppose if the number of bacilli
transmitted is small the child may be able to cope with them
successfully until an attack of measles, whooping cough or
other exhausting disease, turns the scale in the wrong direc-
tion.
Frony the consideration of heredity we learn the import-
ance of not only isolating the patients from all possible sources
of infection, but the necessity of attempting by hygienic
measures and medicinal agents to increase the physical well
being of the patient.
The case cited also proves the necessity of adopting some
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532 PSYCHOLOGICAL.
legal steps to prevent the marriage of tuberculous persaas, i^
my patient was able to successfully carry and give birth to
two living children while a victim of the disease.
Age: — Sanitary laws, and increased knowledge of saaita^
tion and hygiene, have produced great results in diminishing
the deaths from consumption during the past forty years, the
difference between the first and last decade being thirty-^six
per cent. (These are Eglish statistics.) This effected chiefly
the most productive age periods. Between 15 and 30 years,
or early adult life, the diminution is 52 per cent. This marked
improvement is due largely to the removal of the sources of
the so-called "aereal sewerage.""
Like changes have not occurred in the mortality rates of
intestinal tuberculosis. Here the reduction has only been
8.5 per cent, for all ages, 3 per cent, between the years i and
10, while under on€ year of age there has been an increase of
21.7 per cent.!
These statistics indicate the happy results of having im-
proved work shops and homes, and the unfortunate conse-
quences of lack of proper measures to prevent the giving to
the young the milk of cows which are tuberculous. About
forty or fifty per cent, of the milk cattle in the populous parts
of the country are in this condition.
Sex : — It is impossible from hospital statistics to judge the
relative frequency with which the sexes are affected, as wo-
men are less apt to apply to hospitals for treatment when
sick. Judging from the fact that the larger number of fe-
males affected are between 20 and 30 years of age and the
larger number of males are found in the following decade,
we may infer that females are able to offer less re^stance to
the attacks of the disease.
Race seems to exercise some slight influence in this respect,
as we find the majority of cases in colored |>eople, occur at
an earlier age than they do in the ccwresponding sexes of
the whites. This would indicate an increased susceptibility.
Occupation: — ^The record of 300 males admitted to the
Branch Hospital, after excluding laborers and teamsters, show
the following as occupations which seem to have a deleterious
effect and the number who followed them: stone-cutters and
masons 12, barbers 10, porters 9, cooks 8, bartenders 8,
clerks 8, shoemakers 7, waiters 6, painters 3, molders 4, ma-
chinists 3, tailors 3, broom-makers 2. Owing to the compara-
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PSY/CHOLOGICAL. 5S3
ttrely ftw men ia our city who are cooJcs, the number adoutted
16 veiy buig^e. This is no doubt due to the fact that they
work in dark, illy ventilated rooms, which are filled with
moiflture and are super-heated.
The deleterious influence of the Gtoae<<utter8' trade has
long been recognized.
Two of the four Hebrews admitted were tailors, the occu-
patioo of cleaning and repairing clothing offering many op-
portunities for infection.
Environment: — ^The deleterious influence of lack of sun-
shine, damp houses and poor ventilation is self-evident. Its
importance, however, is not fully appreciated nor the respon-
sibility of house owners recognized. When a patient is ad-
mitted to our hospital we have been in the habit of indicating
the place of former residence by placing a dot on a map ol
the city. It is almost startling to notice how the older por-
tions of the city and the houses along the river, canal and
hillsides are indicated. From one house we have received four
patients, all from separate families, from two other houses
we have received two each.
A newspaper reporter, having seen the map and, being ani-
mated with a philanthropic desire to warn his fellow citizens,
secured a copy. After having it photographed and a plate
made, he prepared an article extolling the advantages of
proper sanitation. With commendable pride he showed it to
his chief, who ordered the plate melted and the article des-
troyed, giving as his reason his inability to protect himself
from the c^ubs and invectives of the infuriated property hold-
ers. Truly this is not Altruia! '
Food: — ^The importance of a jM-oper dietary for the preven-
tion as well as the cure of the disease is self-evident.
A lady of our city recently went into one of the small gro-
ceries which supplies people of one of the districts just men-
tioned with food. Her object was to learn the variety and
kinds of food purchased. She was informed that bread and
molasses, seconded by potatoes and cabbage, were chiefly sold;
these were supplemented by beer obtained from a neighboring
saloon. Lack of proper nutrition, caused by the adoption of
such a ragimen, is no doubt a potent agent in promoting the
increase of the disease under consideration, as well as intem-
perance.
In this city, as in many others, societies are found, the
Digitized by VjOOQIC
634 PSYCHOLOGICAL.
purposes of which are to instruct the ig^iuHant what food to
buy and how to cook it. Instruction is also given in an un-
obtrusive way of the advantages of cleanliness and cheerful
homes. If we hope to diminish the spread of tuberculosis it
will be necessary to multiply these mediods.
Of the 300 men received into the hospital, five have each
lost a leg; besides these, many other patients have been in-
mates of either the surgical or medical wards of hospitals.
The cause of the disease in their cases is obvious and can
only be removed by excluding from all general hospitals pa-
tients who have tuberculosis.
Thb is the course pursued by the Cincinnati Hospital, and
its advantages redound not only to the benefit of those who
are removed to a more suitable location; but also to those who
are protected from an infectious disease during periods of
prostration, accc»npanied by diminished resisting power.
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A REVIEW OF THE MODERN TREATMENT OF PUI^
MONARY TUBERCULOSIS.
BY M. J. BROOBIS, M. D., PULMONARY SANATORIUM, STAM90RIS
CONNKCTICUT.
Results are determined by the direction and sufficiency o!
effort. Their value is measured by the benefit conferred upon
society at large. That the century now drawing to a close
has been replete with meliorations, cannot be gainsaid. That
the medical profession, as a body, has largely contributed to
this end, must likewise be admitted.
In consonance with fundamental irrefragable forces of
evolution, progress obtains along every line of human endeav-
or; but I sc»netimes have thought, that much of the scienc^
of medicine, if judged by the standard of accomplishment, has
scarcely kept the stride. Consumption, for instance, is as hr
tal, as prevalent, proportionately, today as prior to the Chrish
tian Era. It was, it is still the greatest scourge of the human
race. It has destroyed more lives; caused more suffering;
more sorrow, than all the wars of history. It has caused more
deaths than pestilence, or the plagues that have devastated the
earth. It causes more deaths than all other infectious dis-
eases to which flesh is heir.
In the domain of etiology, pathology, hygiene, and sani-
tation, very much has been accomplished, but therapeutics, a
guage of effort, it has seemed to me, lags somewhat behind.
True, pulmonary tuberculosis is curable today in its earlier
stages. So it was five hundred years before Christ, if we are
to believe Hippocrates when he said that consumptives, if
treated ab initiOy may recover. But we are powerless today as
the earliest pioneer in the presence of advanced cases.
Haeckel's axiom regarding nature's reversion to the simpler
primordium still holds good. After twenty centuries of drug
e3q)erimentation, — and here permit me to state, parenthetical-
Read before the Medico-Legal Society as a contribatioa to American
CoBgxeat of Tubeiculotis, BCarch 21, 190a Diiciiision of aecond ques-
tion.
Digitized by VjOOQIC
686 PSYCHOLOGICAL.
ly, that there is no drug mentioned in the pharmacopoeia that
has not at some time been vaunted not as a mere remedy, but
as a specific in the treatment of this disease, — I repeat, after
twenty centuries of more or less empiricism the fundamental
basis of the modem treatment of pulmonary tuberculosb rests
upon the simple hygienic factors promulgated by the early
pioneers in the field of medicine. If proof were requisite
Knopfs data should be sufficient.
Isocrates, a contemporary of Hippocrates, later, Montano^
Galen, Lazare, Riviere, Morgani, he of hydatid memory, Boer-
baave, Avicenna aAd others recognized the contagiousness of
pulmonary tuberculosis, with all its implications and conse-
quent deduction of isolation or at least environment change.
Osier affirms that the belief in the contagiousness of this dis-
ease may be traced without interruption from the days of the
early Greek physicians through the Latin races to the pres-
ent time.
Littre tells us that Aretaeus several centuries before Christ
based his treatment upon rest, massage, milk diet and change
of environment. Pliny was a firm believer in the value of
actinism. He was likewise, perhaps, the earliest advocate of
the pine products which have played so prc»ninent a part in the
treatment of consumption. He likewise had faith in the air
of pine forests. Galen and Avicenna pleaded earnestly for
pure air, and Celeus laid grtst stress on fresh air of country.
In the middle ages Silvius is found describing with fair accu-
racy the pathology of the tubercle; Bagli\-i deploring the in-
efficiency of medicinal remedies and Montano maintaining the
infectious character of the sputum.
But the centuries of drug experimentation since has not been
without value. There is good in all things. Through the vis-
ta of shadow bright points may be seen. It has at least afford-
ed us a clearer conception, a broader comprehension, a more
facile applicability, perhaps, of the fundamental, physiologic,
hygienic, common sense essentials of our earliest predecess(M*s.
Out of confusion some order has been evolved. Upon the
threshhold of the twentieth century, the scientific element of
the medical profession of all lands stands firmly united upon a
rational and systematic basis of therapy, witfi at least keen
apperception of its paramount importance and with a clear and
accurate appreciation of its etiology and pathology. Truly
we have reason to be most sanguine as to the immediate fu-
Digitized by VjOOQIC
PSYCHOLOGICAL. 537
hire. We have reason to be most sanguine, but let us
not jeopardize the good to be accomplished through united
effort, in the crusade against tuberculosis, by undue optimism.
We have as yet no specific for consumption. Col. Chancellor
and others to the contrary notwithstanding. As Dr. Bowditch.
of Boston, said the other day, "In the enthusiasm which marks
the beginning of every new movement we have to meet the
inevitable errors of judgment and exaggeration of statement
which if not anticipated, will surely detract finally from the
merits of any cause. Where popular interest is excited, as in
this case, these dangers are more than doubled."
Pickert (Munchener Medicinische Wochenschrift, June, '99)
likewise deplores this wave of unwarrantable optimism. An
absolute cure, he says, in the sense that the pathogenic jigent
is absolutely eliminated or rendered so harmless in the body
that in order for the disease to redevelop a new infection is
necessary, is only possible theoretically. In practice only a
relative cure is attained, as a rule. And Prof. Kobert, of
Rostock, adds, sententiously, that in miliary and galloping
consumption no therapeutic method whatsoever can save the
patient.
The so-called modem treatment of pulmonary tubercu-
losis had its inception with Dr. George Eodington, of War-
wickshire, England, over fifty years ago. He, indeed, was
the father of the sanatoria treatment for this disease. He
conceived the idea that physiologic regimen and the several
hygienic adjuvants could best be carried out under constant,
sincere, painstaking supervision. His system embraced every
essential detail of modem methods, but it was a departure
from the gfeneral trend of the profession and he received little
enccmragement from his colleagues. Ten or fifteen years
later Herman Brehmer, often erroneously termed the Father
of the Movement, established his celebrated institution at Goe-
bersdorf. He, however, met with more success. Other in-
stitutions shortly followed. So after fifty years experience
and careftil study of tlie results, the master minds of all lands
are at last of the unanimous opinion, that if the disease is to
be eradicated such a consummation can only be obtained
through the establishment of sanatoria under efficient medical
supervision.
Under close analysis however much that was formerly con-
sidered necessary to sanatoria treatment has been eliminated.
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638 PSYCHOLOGICAL.
It has been found that climate, altitude, and atmospheric
pressure are unessential. Detweiler, of Falkenstein, is said
to have expressed this view twenty years ago. Felix Blu-
menfeld's extensive observations established the fact beyond
the peradventure of a doubt. The fundamental factors are
embraced in the systematic hygienic and diatectic regimen
under constant medical supervision and all that such implies.
The ablest authorities now agree that the treatment of con-
sumption to be of practical value must be carried out in jux-
taposition to centres of habitation. Patients must be cored
in the locality where necessity compels them to live.
In Germany, where sanatoria for consumptives have reached
the highest number these institutions are most keenly appre-
ciated. Von Leyden, Gerhard, B. Fraenkel, Von Leube, Von
Leibermeister, Von Ziemssen and Landesrath Meyer are
among the strongest advocates.
That climate is not an essential factor was the consensus of
opinion of the International Medical Congress held at Mos-
cow in 1897.
Dr. Pannwitz, General Secretary of the Tuberculosis Con-
gress of Berlin, in his report says: "That the Society of the
Red Cross, by establishing a hospital on the Grabow Sea in
North Germany, has contributed most toward proving the
fact that tuberculosis can be treated successfully anywhere,
without regard to climate."
The results obtained by Barr, of Nice, Soulier, of Algiers,
Rachitici, of Milan, are equal in every respect to those of
Andvoord, at Tonsaasen, in Norway, or Gabrilowitch, in Fin-
land.
That elevation is unessential to treatment the same author-
ities aver. In addition reference should be made to Hueppe's
article in the Berlin Medicinische Wochenschrift of May last.
Dr. J. Edward Birmingham, who has given some study to this
aspect of treatment, is of the opinion that elevation has no in-
fluence whatsoever over this disease. He maintains that pa-
tients do as well at sea level as high altitudes, and Knight,
Otis, Shaper, Braine-Hartwell Birmingham and others, have
recently expressed similar views. Dr. J. C. Adami, replying
to Trudeau, at a recent medical meeting, expressed the opin-
ion that the good results obtained at the Adirondack Sana-
torium were due solely to the rigorous carrying out ol sys-
tematic hygienic regimen.
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PSYCHOLOGICAL. 689
As to atmospheric conditions the late Prof. Sir Thomas
Granger Stewart, British Delegate to the International Con-
gress, said in his address, ^'Even in Edinburgh where we are
not unfamiliar with rain and mist and east winds, sanatoria
treatment is carried out in the "Victoria'* as it is on the beau-
tiful slopes of the Taunus, and with results as satisfactory as
those of Dr. Detweiler and other workers in German sana-
toria.''
From time to time various modifications of sanatoria treat-
ment have been suggested, tried and for the most part found
wanting. Thus the Swiss chalet or cottage system has been
found inferior to institutions under one roof. Constant
guidance, medical supervision and advice, hydrotherapeutic
measures, proper nursing and watching in order to eradicate
careless habits and inculcate good ones, attention to hygiene
and disposition of sputa, disinfection and prophylaxis, en-
forcement of strict routine, and individual symptomatic treat-
ment at the proper time, all of which are of paramount im-
portance, cannot be carried out to the best advantage under
the cottage system.
An outing as suggested by Keyes, of Chicago, for the
treatment of pulmonary tuberculosis, is obviously no substi-
tute for sanatoria treatment. Every essential scientific detail
is necessarily precluded through absence of proper material
and equipment. The scheme has absolutely no scientific
advocate.
In the light of our present knowledge the following quali-
ties are deemed indispensable for a sanatorium.
1. There should be a good southern exposure.
2. The soil should be well drained and preferably of
gravel. It is, of course, essential that the foundation should
be dry.
3. There must be free access of sunlight.
4. The ''camp*' for the "Liege und Dauerluftkur" should
be situated in the open, but protected from north and east
winds. Glass covers to the verandas are not necessary.
5. There should be facilities for walking, preferably
through woods, and if possible up a slight incline from sana-
tarium so that homeward journey will be down Mil. 1 here
should be facilities for resting at easy distances.
6* The diet should be most carefully regulated. Feed-
mg should be slightly in excess, but the food should be well
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640 PSYCHOLOGICAL.
selected, nutritious, temptingly served and, ol course, jM-op-
erly cooked. ,
7. There should be large, airy, individual sleeping apdft-
ments, acording free admission of sunlight.
8. Every patient must be provided with an individual
spitting-cup, and forbidden upon pain of immediate dismissal
to spit anywhere else.
9. There should be withal scrupulous cleanliness, adequate
service, and regular disinfection. The furniture should be
somewhat severe. Carpets, brooms, and hangings have no
place in a well organized sanatorium. Cloths dampened
with antiseptics, should be substituted for dusting.
10. There should be a routine of occupation, together with
simple diversions, to prevent introspection.
As to adjuvants to sanatoria treatment, mention
should be made of inhalation by Professor Robert
of Rostock, in his address before the BerHn
Congress, maintained that inhalation is-as important as hydro-
therapy. Meissen, Von ISchrotter, J. Lazarus and others
affirm that no sanitorium is ccwnplete without its inhalation
chamber. It is the feature of most German institutions, pai^
ticularly the Alland near Vienna, and Hohenhonnef institu-
tion on the Rhine. Antiseptic and the aromatic hydrocarb-
ons of the turpentine group are the ingredients generally used.
They are administered by syphon or comminuter arrang^emcnt
with compressed air. Osier believes that the compressed air
is of the greatest value per se, and states that under its use
there is a gain in weight, improvement in appetite and a re-
duction of fever.
Having given special study to this accessory, I
believe that excellent results are to be had by charg-
ing the atmosphere of the institution with antiseptics by
means of a vacuum pump or engine. I do not believe that
medicated air directly destroys the tubercle bacilli, akhougfa
it certainly tends to inhibit their growth. P. Lacroix, how-
ever, (British Medical Journal Oct. 14, 1899) positively as-
serts that experimentally he has shown that medicated air is
absolutely capable of destroying both the tubercle bacilli and
microbes of mixed infection. Dr. Penrose, m his paper read
before the Johns Hopkins Medical Society upon the 5th' iast.,
asserts that the antiseptic action of inhalations is manifested
by the rapid disappearance of pus organisms from the sputum
Digitized by VjOOQIC
PSYCHOLOGICAL. 541
In brief, the claims for inhalations are as follows.
It destroys much of the mixed infection, limits toxine nec-
rosis, diminishes septic decomposition, loosens and facilitates
the removal of alveolar and tubular exudations and allays
local tissue irritation^
Of the necessity of hydrotherapeutic measures in the treat-
ment of consumption, there can be no question. Hydrotherapy
however, should be systematically and rationally carried out
in sanatoria treatment, as part and parcel of daily routine.
Nauheim baths, so intimately connected with the name of
Schott, have been found valuable in its application to pul-
monary tuberculosis. Of course, minus the gymnastic re-
sistant exercises. It certainly steadies an intermittent pulse,
tends to relieve visceral engorgement by promoting a super-
ficial capillary congestion. It is a superior substitute for the
pneumatic cabinet.
No medicinal agents whatsoever that can be administered
subcutaneously or per oram, have any favorable action upon
tuberculous processes. Creosote, guiacol and the like, to use
the words^of Osier, ''have no essential influence on the pro-
gress of this disease."
Symptomatic treatment is largely a matter of judgment.
Pjrrexia, chills and subnormal temperature, paroxysms of
coughing,night sweats,hemorrhages and collapse and the thou-
sand and one complications or personal idioyncrasies of the
tuberculous, must of course, be intelligently dealt with. The
more comprehensive and appreciative the physician of the
myriad manifestations of this disease, the better naturally will
be his results in this respect.
Tuberculin serums and culture products have, owing possi-
bly to the nature of this disease, proven nugatory if not disa«-
trous.They have been consigned to the file of disappointments
by the leading Continental investigators. Sir Herbert Max-
well's and Dr. Pye Smith's report to the British government of
the Berlin Tuberculosis Congress, states without reserve that
they have no value in the human race. Prof. B. Froenkel
positively asserts that neither Koch, Klebs or Maragliano's
serum have any value whatsoever. A. Broden (Achives De
Medicine, Jany., '99,) found that the tubercles were better de-
veloped in dogs treated with tuberculin than in such animals
untreated.
Personally, I must admit I have had little experience with
Digitized by VjOOQIC
542 PSYiCHOLOGICAL.
the use of any of these products other than the antiphthisin of
my teacher, Edwin Klebs, but from reading and observation
of the work of others I must ccMicur in the dictum of William
Osier that no germicidal or curative influence has been dem-
onstrated in any of them. If, as many bacteriologists at pres-
ent aver, there are marked differences between bovine and hu-
man tuberculosis, much that has been published in favor of
several of these products will necessarily have to be considered
in another light
In the foregoing I have endeavored sincerely and
without bias to review the history of the Modem
Treatment of Pulmonary Tuberculosis. I have attempted to
show that this treatment is based upcm principles of hygiene,
conceived by the ancients, recognized and accepted by the
Latin races, first applied to institutional treatment by Dr.
George Bodington over a half century since, and elaborated
and facilitated by later German sanatarians.
As results are determined by the direction and sufficiency
<rf effort, it fdlows that sanatoria for consumptives in the light
of our present knowledge and experience afford the most cer-
tain means of combatting this disease and embraces in sum
and substances the Modern Treatment of Pulmonary Tuber-
losit.
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THE COMMUNICABIUTY AND THE RESTRIC-
TION OP CONSUMPTION.
BY HKN&Y B. BAKBR, A. If., If. D., LANSING, MICH., EX-
P&BSIDBNT AHBRJCAN PUBUC HEALTH
ASSOCIATION, ETC
Speaking of the restriction of tuberculosis, for tlie best re-
sults, there must be geneial co-operation of all classes of peo-
ple, and especially and first of all the co-operation of the
coughing consumptives themselves, because the main source
of the spread of tuberculosis is now well known to be the
sputa ejected by well-developed cases of consumption of the
lungs. In order to get in communication with, and the co-
operation of the coughing ccmsumptives, it is essential that
there shall be notification. Accordingly the Michigan State
Board of Health, in pursuance of what it believed to be i^s
duty under the laws, declared consumption to be a disease
dangerous to the public health, such as is required by law to
be reported to the local health officer. That action was taken
over six years ago. Hundreds of physicians, throughout
Michigan, have acquiesced in this action. One, at Cold-
water, refused to comply, was successfully prosecuted, and
paid his fine. A few in Detroit failed to report; one was
prosecuted, fined in justice court, appealed to the circuit
court by which he was discharged, but the case has been ap-
pealed to the Supreme Court which has not yet decided the
case.
IfBDICAL AND OTHER SCIENTIFIC EVIDENCE.
There are at least eight lines of evidence proving that con-
sumption (tuberculosis) is a communicable disease:
I. Clinical experiences and observations by physicians.
There are now on file in the office of the Michigan State
Board \ol Health great numbers of communications from
RMd belbrt thf Medico-Legal Sodctj, as m contribntioii to the Ameri-
can Coagresi of Tabarodosis, March ai, 190a DiacoisUui of aeooad
qnastktti.
Digitized by VjOOQIC
644 PSYCHOLOGICAL.
physicians, from different parts of the State, detailing in-
stances of the spread of the disease.
2. Evidence derived from statistics.
3. The production of the disease, as has been done, by
means of the infectious dust collected from rooms occupied
bjr^ consumptives not careful of their spcita.
4. Evidence through direct inoculation experiments with
consumptive matter. The disease was first artificially caused
in this way in 1865 by Villemin and verified very many times
since that time.
5. Bacteriological evidence, — a given species of g^rms be-
ing found present in this disease, and absent in other diseases,
and in health.
iS. Biological evidence, — the actual artificial production of
the disease by means of the specific germs, and the -epetitiofi
of this process hundreds and thousands of times, as has been
done.
7. The infectiousness of milk of tuberculous animals, as
has been experimentally proved bacteriologically and biologi-
cally. The production by natural methods, of tubercular dis-
ease in calves and in children, by means of milk from tubercu-
lous cows and from tuberculous women.
8. Combined statistical and other facts proving that con-
sumption actually has been, to a considerable extent, re-
stricted by reason of acting upon knowledge of its communi-
cability and of the simple methods by which it may be re-
stricted. This is notably true in Michigan, as proved both
by the mortality statistics published by the Secretary of State,
and by the sickness statistics compiled by the State Board of
Health.
The Michigan State Board of Health has, by formal reso-
lution, declared, and it has thus become the duty of its exec-
utive officer to publish to the people, that consumption is ?
"disease dangerous to the public health." This information
is essential to the people, in order that they may comply with
the several public-health laws in which that term is employed,
and for the definition of which there is provided by the laws
of this State no hjgher scientific authority than the State
Board of Health, which has been legally established by the
State for the express purpose of collecting such "useful in-
formation" and "disseminating it among the people."' A
former Attorney-General of Michigan, in response to a ques-
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PSYCHOLOGICAL. 645
ti<m raised by the health officer of Detroit, stated in his rpin-
ioo as follows: "The highest medical authority which I recog-
nize in this State on such subjects is the Michigan State Board
of Health/'
In order that any public or official action may be taken for
gaining knowledge of a disease, with a view to its prevention,
or for imparting knowledge of it to those most endangered, or
for its restriction, the first essential is that the health authori-
ties shall have notice of the cases which occur. Nearly all
the public-health laws are useless unless such notices are
given.
All progressive physicians who have given attention to the
subject must be convinced that the Michigan State Board of
Health has ample scientific and legal authority for the action
it has taken; therefore the objections if any, must be for
other reasons. What are those reasons?
It is admitted, apparently by all, that tuberculosis is com-
municable, but some claim that it is "only mildly contagious."
Physicians cannot easily trace it, as a rule. But it is not
difficult for the statistician who is also well informed in path-
ology, to estimate to what extent, compared with other dis-
eases, tuberculosis is communicable. Let us examine the
subject briefly: Pathologists and bacteriologists teach us that
there is no tuberculosis without the bacillus tuberculosis; that
if any person has tuberculosis that person contracted the dis-
ease by taking into the body the bacilli, without contact with
which or with the poison of the bacilli there is no tuberculosis.
How many persons contract tuberculosis in Michigan in every
year? Disregarding, for the time, all those except the class
known as consumptives, we know that about two thousand
die each year. We know that many who contract consump-
tion recover, and later die of other diseases. I believe that
more than half of all who contract the disease recover to that
extent; that means that in every year at least four thousand
persons in Michigan contract comsumption. Is a disease that
is spread to four thousand persons a year in Michigan only
"mildly contagious?" Is it not one of the most communica-
ble diseases that there is in Michigan? There seems to me
to be but one answer — certainly it is. Under present condi-
tions, consumption spreads to more people than smallpox,
more than whooping-cough, more than measles, more than
scarlet fever, perhaps less than typhoid fever, which although
Digitized by VjOOQIC
546 PSYCHOLOGICAL.
in each year causing the deat)i of only one thousand probably
ten thousand persons in Michigan contract; but consumption
is spread to more persons than is diphtheria. Consumption
is the most dangerous communicable disease in Michigan.
HOW IS CONSUMPTION SPREAD?
It is well known that consumption is usually spread in the
same manner that diphtheria is spread, namely, not ordinarily
by the breath, but by What goes out of the mouth of the in-
fected person, directly and indirectly to the nose or throat of
the victim who contracts the disease. If you ask — ^Th'^n
why not isolate consumptives, just as diphtheritics are iso-
lated? I reply: Because, while the diphtheritic patient is
generally a child who cannot be relied upon to do what is re-
quired for the protection of the public health, the consump-
tive is g^erally an adult at the age when, except for having
contracted consumption, he or she would be ill the prime of
life; "and generally in the possession of such intelligence as
tQ be capable of being so instructed as to guard the interests
of the public health. Complete instructions to consumptives
have not yet been issued by the Michigan State Board of
Health; but brief directions such as are on this slip (No. ^24)
have been employed for many years.
The Michigan State Board of Health has never recom-
mended that consumptives be dealt with in precisely the same
manner that persons are who are infected with acute diseases.
It has never advised isolation, nor the placarding of premises.
Leprosy, a disease as chronic and long continued as consump-
tion, was stamped out of England by means of isolation hos-
pitals, and other vigorous measures for isolation. And, al-
though it was a very great hardship to thousands of persons,
it has since that time prevented that loathsome disease from
attacking tens, perhaps hundreds of thousands of persons.
But for the hardships of comparatively few persons, the dis-
ease would probably have continued to afflict the human race
through all time, just as a few persons now propose to permit
tubercular diseases to continue.
The work of educating the people of Michigan in methods
for preventing the spread of consumption, began in 1880 (be-
fore the discovery of the germ by Koch, but after the disease
had been proved to be communicable, clinically, and by in-
oculation experiments) when a paper by Dr. H. F. Lyster,
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PSYCirOLOGICAL. 547
of Detroit, on "The Prevention of Pulmonary Consumption/*
was read at a sanitary convention, printed and distributed by
the State Board of Health. In 1881 a paper by Dr. Bela
Cogshall on "Consumption: Is it a Contagious Disease"*
What can be done to Prevent its Ravages?" was read, printed
and distributed. Iii 1886 a paper by Dr. Bion Whelan, of
Hillsdale, on "Consumption; Its Causes and Prevention," was
read, printed and distributed. In 1889 a leaflet on the
"Causation of Consumption," and a paper on the "Relation of
Certain Meteorological Conditions to Diseases of the Lungs."
etc., both by Dr. Henry B. Baker, were reprinted from the
Annual Report for 1888, and distributed. In 1889 ^^d 1890
two papers by A. Arnold Clark, of Lansing, on "The Preven-
tion of Consumption," were read, printed and distributed.
Some of the above mentioned papers were also printed in
pamphlet form, and were sent where it was thought they
would be of service in educating the people in methods for
preventing the spread of consumption.
But the main work on this subject began in 1891, when
the first edition of the four-page leaflet bearing directly upon
the restriction and prevention of consumption was issued by
the Board, and very widely distributed. September 30, 1893,
a resolution was adopted by the Board including consump-
tion in the "official list" of "Diseases Dangerous to* the Pub-
lic Health," since which time very active measures have been
taken for the restriction and prevention of the disease.
It being a fact that in 1891, following the educational work
by A. Arnold Dark and others, and when the first edition of
the leaflet on the restriction and prevention of consumption
was so very widely distributed, that the reported death-rate
from that disease was, for the first time, much less than the
average of preceding years; and it also being a fact that in
no year since has the reported death-rate been equal to the
average rate previous to that year, and in 1896 the death-rate
from consumption being less than it was ever before known
to be in Michigan, it seems fair to assume that the lessened
death-rate is due to the better knowledge of the people as to
the manner of spreading and the best measures for restricting
this disease, the result of the active co-operation in the work
by the medical profession, the State Board of Health, the
teachers of the State, and others for the education of the peo-
ple in the restriction and prevention of consumption.
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548 PSYCHOLOGICAL.
The reduction in the death-rate as shovm by the statistics
of the State Department, cannot be due to more successful
treatment of cases by physicians, because the sickness statis-
tics collected by the State Board of Health show that the re-
duction in the sickness has been g^reater than the reduction
in the death-rate; and the reduction in the sickness began at
an earlier date than the reduction in the death-rate, as would
necessarily be the casie if the lessening of the deaths was due
to a lessened number of cases.
All the facts point irresistibly to the conclusion that the re-
striction of consumption has at last resulted from the knowl-
edge that it is a dangerous communicable disease; and that
already in Michigan the death-rate has been lessened by rather
more than one-tenth, and the sickness by a much larger pro-
portion.
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TUBERCULOSIS-IS CHANGE OF CLIMATE
A NECESSITY IN THE TREATMENT?
BY DR. KARL VON RUCK, OF ASHKVILLB| N. C
That this question must be answered in the negative ap-
pears from the many well attested instances, in which recov-
ery has resulted without change of climate, and the discovery
of healed tubercular lesions in post-mortem examinations af-
ter death from other causes, in subjects who lived in the larger
cities and under most favorable conditions, could in itself sup-
ply the proof, that the disease can be recovered from without
a change in climate.
There was a period, however, and not very remote either,
when a change of climate was the routine advice, and when
the peculiar atmospheric conditions of certain regions and lo-
calities were considered to act specifically upon the tubercular
or phthisical processes; and even now such statements are oc-
casionally advanced in medical literature.
The study of the pathology of tuberculosis and of the life his-
tory of the tubercle bacillus,the common experience of renewed
activity in tubercular lesioi^s and of extension to previously un-
affected parts in patients having nirde such a change of cli-
mate, and the relapses experienced by patients when after ap-
parent recovery at a climatic they returned to their former
climate and to their previous social and business relations, all
showed that the change of climate alone cannot remove the
cause of the disease. While, therefore, it cannot be claimed
that a change of climate is a necessity to a cure, I would
nevertheless, not be understood as under-estimating its value
in treatment. On the contrary there are many direct and
indirect influences of a favorable character to be derived from
a climatic change, and more still from proper climatic treat-
ment.
Qimatic advantages become the more important to eventual
successful treatment, the more the particular patient is unfav-
Read before the Medico Legal Society and American CongresB of Tu-
bercolotis, Pebmary 22, 1900. Opening pap^r on fbnrth qne&on.
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650 PSYCHOLOGICAL.
orably situated in his home environments; and the more the
disease has progressed.
A simple change of locality, regardless of climatic attributes
of the place selected, often acts favorably by removing the pa-
tient from his accustomed surroundings, diet and general mode
of life, by which the social, household and business cares are
eliminated, instead of which there are new scenes and new con-
tacts, which act upon the patient and his absence from home
favors the observing of better and more hours of rest, recrea-
tion and exercise. '
If the change is made, to what may be considered a more
favorable climate, offering more opportunity for out of door
life, subjecting the patient to a greater amount of sunlight and
to purer air, and if the selected locality is relatively dry, and
the opportunity for contracting cold and catarrh are thereby
diminished, an important influence is gained for the patient**
general nutrition and for the arrestment of the disease. But,
although these and other advantages are present in the most
favorable degree, they in themselves do not directly cure tu-
berculosis, but they contribute to the maintenance of arrested
and latent processes and favor their occurrence if the disease
is in an active state; while an indefinite continuance of such a
changed environment aids nature in securing permanency of
these results.
For the majority of cases that seek climatic benefits a sim-
ple change of climate is however not suffici-int, and systematic
and supervised climatic treatment is usually required to secure
the benefits spoken of.
"Qimatic treatment" and "change of climate" are by no
means identical, the former is individualizirg and should se-
cure for the particular patient the greatest possible degree of
benefit, from the advantages of out of door life, sunshine, rest
and exercise, while it should prevent all hijurious influences
from exposure to wind and severe weather, and from detri-
mental over-exertion, physical or mental.
Such climatic treatment differs further from a change of
climate inasmuch as it can be carried out at home, and if we
take advantage of all the out of door life possible, of all the
sunshine that nature affords, and regelate the patient's rest
and exercise according to the present condition of fever,
strength, endurance and circulation, and guard against any
injurious influences that may be avoided, much may be accom-
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PSYCHOLOGICAL. 551
plished at home, and I believe more benefit would follow on
an average from such clunatic treatment at home, than from
simple change of climate to a health resort, where the patient
works out liis own destiny and calls upon a local physician
only after he has demonstrated that the change has done hhn
no good. .
The advantages of climatic treatment apart from regions
having special advantages as to elevation, purity of air, sim-
shine and suitable temperatures, have been abundantly demon-
strated in the numerous sanitaria in Europe and especially in
Germany, many of which are situated in localities which can
make no claim to superiority of climatic conditions over the
general average of the country, and in which most excellent
results are being accomplished by the systematic out of door
life and general care and supervision which the patients there
receive; and while in a special institution the directing physi-
cian enjoys facilities which are often limited or deficient in
private practice, I believe much more could be accomplished
in the homes of the middle classes and even in those of work-
ingmen and poorer people, who by reason of expense cannot
take advantage of distant travel or absence from their homes,
than is now the case. i
My answer to this question is implied in the foregoing re-
marks, but to formulate it more concisely, 1 repeat: —
1st. That climatic change is not a necessity. ^
2nd. That it is advantageous and desirable, as an aid to the
general care and management and to other treatment.
13rd. That climatic treatment imder strict and constant pro-
fessional supervision at climatic resorts, :r at home, deserves
better consideration at the hands of the profession than it
now receives.
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IS CHANGE OF CLIMATE A NECESSITY FOR
SUCCESSFUL TREATMENT ?
BY CHART.KS DBNISON, A. If^ If. D., DENVER, GOLO&AOa
To the average Colorado Physician this is a queer question,
and the wonder is that it should be proposed at all after all the
favorable evidence we have had. The surprise that this issue
i^ raised as to the value of climatic change is increased as we
strip the subject of impracticabilities. The negative side of
this discussion should not try to force the affirmative to show
that the "change" is possible. The affirmative have a rig^t to
assume, as a condition precident, that it is not only possible
but feasible. But you say nine-tenths of the tuberculosis ex-
isting is associated with poverty and its evironments. Very
true: but this, though a potent fact to be intelligently dealt
with, is not the question now at issue. The only possible
qualification of this word "necessity" is suggested in the phrase
that follows: **for successful treatment," i. e. that there is some
other single line of treatment, opposed to the change, which
is superior to it. The question then arises, — ^what are the en-
vironments or conditions of such other "successful treatment"
that individualized selection of climate cannot be utilized? Is
it not that some imreasonably boomed hobby has to be first
considered, some local prejudice to be conceded to, or because
some home sanitoria is recommended? If possible (?) let us,
as physicians, divorce this question from personal advantage
or local prejudice. Let our argument be untarnished by such
defects.
The question should properly be: — and this is what I claim
we are discussing — "Other things being equal is change of cU-
mate a necessity for the best results in the treatment of tub-
erculosis?'^ Looking at it in this light we are not to be burden-
ed with anxiety for the surrender of an individual's calling and
the pecuniary sacrifice involved in the change. Neither are we
to be prevented from adopting any desirable additions to the
fieftd before the Hedico>Legal Sodetj and the American CongxiM of
Tnbercnlosis, February 22, 1900, in dlacoarion of question No. 4.
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PSYCHOLOGICAL. 558
climatic prescription. It is climatic with these aids and not
in opposition to them.
Such a consideration of the subject practically admits the
fact that the best method of treatment is a combined or com-
bination one. Why then should not any other successful
treatment enter the combination together with change of
climate in order to give the largest percentage of results pos- '
sible for each individual case?
If it were climate alone which was to be considered, the is-
sue would be gladly accepted as between this and any other
single method of treatment. This would necessarily involve
the adjustment of the season of the year, altitude, dryness, etc.,
to the patient's individual needs. It is doubtful if any one rem-
edy yet discovered excells in benefits conferred a proper
change of climate and environments in curable cases, and in
some others for whom only prolongation of life is possible.
All students of climatology, especially if they have had any
personal experience in well chosen high altitudes, admit the de-
sirableness of such a change. The reasons for a change may
be, and often are, used to further the local claims of certam
sanitoria; but we, in discussion, should consider these reasons
impartially, with the view of ariving at an ideal climate decided
upon without reference to. any particular locality. This argu-
ment for an ideal climate for the majority of consumptives has
been* variously reiterated by me, and is summarized in five
main propositions.
1. "Dryness opposed to moisture."
2. "Coolness or cold preferable to warmth."
3. "Altitude preferable to sea level pressure."
4. "Sunshine to Qoudiness."
5. ^'Variability preferable to equability." The latter be-
cause a certain degree of variability is a sine-quchnon of the
preferable combination of climate attributes constituting
ideality, including, for the majority of chronic pulmonary in-
valids, rarefaction of the air. An unbiased analysis of these
five propsition6, together with a due consideration of the
questions of air-diathermancy, the radiation and absorption of
heat, the mountainous configuration of the soil, the physical
*8ee 3 reports to the Intematioaal Medical Congreaaef , '76 and '87; thm
the article on "Climate Treatment," in Poator'a -Practical Therapntict,
and in Journal A. M. A , Not. 7 and 14, a later article on "The Climate
of Colorado for Reapiratory Diaeaaea."
Digitized by VjOOQIC
554 PSYCHOLOGICAL.
benefits of moderate winds, electric stimulation and other
peculiarities of elevated resorts, will convince any investigator
of the soundness of the climatic argument. This method of
analysis culminates in the crowning evidence of immunity,
partial though it may be, which increasingly manifests itsdf as
the ideal climate for the individual patient is reached. On this
is based the unanswerable argument which is attested to by the
ample experience of thousands of invalids in the elevated
Western States.
In a paper of this kind one is necessarily limited in the pre-
sentation of details. You must not be fatigfued by the count-
less illustrations possible. I would like, however, to present
the following case, because its favorable result, due wholly to
climatic effect, challenges any experience possible at the seaside
or in the lowlands.
Dec. 19, '99, Mr. W. A. M., age 42, accountant from an in-
terior town of Colorado, was seen by me for the first time.
Twenty-four years ago he had come from Newark, Ohio, one
year after a "cold" following chills and fever; had then night
sweats, &c., and had yellow expectoration for one year. Prob-
ably breaking down of lung tissue occmred then, for he had no
night sweats or fever or severe s)rmptoms in Colorado, except
in 1896 he had hemorrhages at his present home at an eleva-
tion of 8,000 feet. Previously to that he had lived on a ranch
at a lower elevation, 6,500 feet. Though with marked inheri-
tance to tuberculosis, improvement at first, in 1875, was so
decided he tried again to live in Ohio, but had to relinquish
this idea and come back to Colorado within one year after his
return East. The present condition is the most remarkable of
the many arrests of consumption I have ever seen. The right
lung is enlarged downwards and inwards and the left lung is
apparently all gone except that portion in the front part of the
diest and above the heart. The heart is now moved to the
left and the apex beat is in the axillary region in the 5th inter-
space. An excavation extends from the latter point around
underneath the scapular and left inter-scapular space and up-
wards to the left clavicle. Yet for years he has held his weiglit
at about 118 pounds, (heighth, 5 ft. 5 in.,) pulse is 80, respira-
tion 20, and spirometrical record 140 cu. in.; rides horseoack;
holds a clerkship and talks of matrimony. "One swallow does
not make a summer"to be sure;but the question is a fair cme —
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PSYCHOLOGICAL. 555
under what opposite or diflferent climatic conditions could such
a result be obtained?
In conclusion, it is evident that when we compare climatic
influence with the other agencies for good in our curative pre-
scriptions for tuberculosis, we can justly conclude that it should
stand first of them all. The concensus of the opinion of medi-
cal men would place it, with its hopeful mental effect, among
the most curative means from which we can select our combi-
nation treatment.*
•Neither is it difficult to link this means to the other curative
aids, for, the criticism of poly-pharmacy must not be allowed
to shut out anything that will help.
Next to climate change and necessarily linked with it, and
about equal to it in importance, come out of door life and ex-
ercise. This and climatic selection combined amount to 30 to
45 per cent of what can be done for active, germ proved cases;
while, in latent and inactive cases, they may be said to perhaps
represent from 45 to more than 70 per cent, of the cure. Then,
admitting that the combination of curative aids should be indi-
vidual and different for different classes of cases, we ought to
have the four following divisions, each of which may be var-^
iously estimated to make up from nothing to 20 or 25 per cent
<rf the total of good to be accomplished. Namely: 3 "'Good
feeding^ special dieting and attention to the alimentary canal."
4. "Medical supervision and medical treatment." 5. "Inhala-
tion, local medication and surgical interference." 6. "Specific
medicatipn based on anti-toxin treatment."
Duly weighing all these means that are helpful, and having
in mind as much of approximate immunity as is possible to
obtain in each individual case, we may, I think, safely conclude
that there is no single agency equal in lasting results to a suit-
ably adjusted change of climate. For where it can be had, it
implies going from causative to curative conditions an im-
proved mental influence and,^ — ^in the utilization of the new
dimate^— an out-door life or occupation.
* '*Tlie Modem Treatment of Tubercnlotis." Report to A« M. A., '98,
Journal, September 24, 1898,
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MY OWN CASE WITH DEDUCTIONS DERIVED
FROM THE SAME.
BY JOHN H. MBTZBROTT, M. D., WASHINGTON, D. C.
I am one of those who believe that many cases of Tubercu-
losis would be cured which are not cured now, were the dis-
ease diagnosed at a sufficiently early date. I am likewise of
the opinion that even when the malady has progressed quite
far, that a fair percentage of cures may still be effected by in-
stituting a rational therapy. I am also convinced that the
duration of life of many an apparently hopeless case of con-
sumption may be indetmitely prolonged by resorting to dietet-
ic, climate and other hygenic measures. I make these as-
sertions with a positive assurance of their accuracy, basing my
deduction entirely upon what I have observed in myself, in
members of my immediate family and the almost miraculous
results beheld at the leading sanataria of Europe and the
Desert of our own country. Indeed I can go still further
and make the extravagant assertion that few indeed are those
dying of other affections than consumption, in whom the
post-mortem do not show some evidence of the disease con-
tracted during some period of life. If I speak the truth, bar-
ring a few autopsies held upon children, it has not been my
lot to behold a single post-m(Mtem in the great pathological
laboratory in Vienna during an irregular attendance of
nearly four years, where it could be positively said by the
pathologist that the subject had been completely free from
the disease during his entire life. Now of course, there are*
those who will dispute this point I am making, but they will
nevertheless admit that it is rather the exception to find per-
fectly sound lungs at death, in which there are no pleuritic
adhesions or infiltrations of any sort in the lung tissue itself.
If this then be admitted, it must also be conceded that while
the death rate from Tuberculosis is about one out of every
seven or eight, the number who recover from the malady is
Reftd before the American CocgrcMof Tvbercnloaia, Pebmary aa, 1900,
bv title, and before the Medico-Legal Society, March 31, 1900, in discna*
«K>n of foforth question.
Digitized by VjOOQIC
PSYCHOLOGICAL. / 557
mfinitely greater than that of those who die, — it being taken
for granted of course that every individual having a tuberculo-
lous focus is consumptive whether the process exhibits the
tendency to heal spontaneously or not. This old thread
worn fact, I wish to bring out forcibly, for it emphasizes an
established truth, namely, that the disease for the most part
b not as fatal as is generally supposed and that it only be-
comes a serious affair when it transcends beyond a certain
limit, or occurs in an individual whose environment and habit
favor its rapid development. The gentleman from Maryland
truly and concisely expressed himself last night, when he stat-
ed that "consumption was a hunger for air and liglit," and that
it thrived among those who did not avail themselves of the
bounteous gifts of old mother nature." If we now bear in
mind that there are two principal types of tuberculosis, the
florid, and the fibroid, that scrophulosis and lupus are forms of
tuberculosis and that all the remaining types differ from theni^
only in degree, it will be seen thkt tuberculosis taken as a
whole is an affection for which an immense amount is and can
be done.
But while more is accomplished therapeutically in the treat-
ment of this disease than ever heretofore, I am sure it is noth-
ing compared to what will be done in the future, when the
state recognizes the golden axiom, that the care of the health
of the individual is her greatest concern. I say gentlemen,,
when that fundamental principle is fully realized by the civil-
ized governments of the world, then we may expect that most
liberal provisions will be made for the consumptive whatever
his walk in life. At present however, only a selected few have
an opportunity of getting well, but I yet hope to see the day
when that chance will be afforded to all, whether he or she be
a provider of a family or not.
And now for my own case, which is not out
of place, since it affords an argument for the
rational of the great sanatarium movement which at present
IS sweeping the United States. In the fall of '86 on the day
when I was about to return to college, I was reluctantly in-
duced by my mother to undergo a physicial examination at
the hands of a local specialist. She had observed during the
summer that there was something radically wrong with my
lungs, and acting upon a wiell founded and maternal impulse
had made an appointment with the doctor unbeknown to my-
Digitized by VjOOQIC
-558 PSYCHOLOGICAL.
self. I recall the hesitancy with which I entered the physi-
cian's apartments, for although I was conscious that I had an
uncontrollable cough, had experienced night sweats, had suf-
fered much from excruciating pains in the front and the back
of the chest, had lost much sleep and flesh as well, and in ad-
.dition expectorated copiously and continuously, I neverthe-
less with the characteristic euphoria of a consumptive persuad-
ed myself that it was only a transient affair, from which I
would recover sooner or later. Not satisfied with the diagno-
sis and the rather unfavorable prognosis rendered by the local
specialist, I went to the elder Bowditch and his son, hoping
that they would tell me that I could continue my studies at
college. They did not give me much encouragement, and so I
came to New York and consulted the late Dr. Alfred Loomis,
who at first advised me to go to the Adirondacks, but later
after more mature deliberation recommended a warmer cli-
mate, such a^ w6uld be afforded by Southern California and
Arizona. It is for you to infer whether the professor regar-
ded my case as a moderately c«- very severe one, but I myself
am inclined to think at this late date that the third stage had
been reached and that when I stepped upon the train for Los
Angeles, that I had not one moment of time to waster At
any rate, I was supported on the arm of an attendant, when
I entered the office of the Sierre Madre Villa, that time one
of the popular resorts for consumptives in Southern Califor-
nia, For more than a week I was scarcely able to walk one
hundred yards without resting. The dust of the desert had ag-
gravated my cough, and I coughed incessantly, expectorating
an alarming amount of sputa. The night sweats troubled me
more than they did in the East and I do not believe that I ex-
aggerate when I say that if the sheets upon which I slept had
been submerged in a tub of water that they could have been
more drenched. Concomitant with these annoying symptoms
I experienced the most distressing pleuritic pains, which I can
describe in no other way than to say that my ribs felt as though
they had become displaced and by reason of their overlapping
each other caused stitches in my side whenever I took deeper
inspiration. I was also feverish and on several nights suffer-
ed from violent shaking chills. This then was my state of
health when I commenced my climatic treatment in the San
Gabriel Valley in Southern California.
At first my improvement was very slow indeed, and was not
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PSYCHOLOGICAL. 559
perceptible until I took to daily horseback riding. In the
selection of my horse I thought at the time I was most unioc-
tunate, for I had been impressed more by his general appear-
ance than his gentleness. The result was that I lound myself
the possessor of a California broncho, possessing all of the
typical traits of that much abused animal. On the first occa-
sion it took four men to hold the animal upon my mounting
into his saddle. My mother seeing me, looked askance and as
for the guests every one said it was suicide, but I was indiffer-
ent, and that is the probable reason why I did not fare worse.
Being killed by a horse did not seem half so bad to me as
dying of consumption. The first day I rode my prancing
steed scarce an eighth of a mile, but I persevered and in
three months time, when I made a change further inland to
Arrow Head, situated in a sheltered nook in the San Bernard-
ino Mountains,! never rode less than ten and on many occa-
sions twenty miles and even more daily, always however exper-
iencing severe pains in my side and becoming short of breath
when the exercise was at all violent. >
At Arrow Head, which was an ideal retreat in every sense
of the word, I experienced a set back, all of my rather severe
symptoms returning, if anything in a more aggravated form
than before. I cannot exactly account for the change, but
old timers, who had cured themselves of the disease told me
it was always so, that the crisis had been reached and that a
favorable change would ensue. The turn for the better being
delayed I deliberated for a long time upon the advisability of
returning East, but when the day for doing so arrived I felt
a little improved and deferred my trip. Now I want to di-
gress here for a moment, gentlemen, and state that the old
Califomians were right in what they said and that on a great
many occasions I have beheld the turning point of a tubercu-
losis ushered in with aggravated symptoms, which for the time
being causes patients to imagine that they are worse. Many
an unfortunate has made the mistake of his life in abandoning
a climatic treatment at this most critical time and subsequent-
ly paid the penalty of his folly. I for one never fail to remind
my patients of this likeliliood when I send them to a distant
clime. At Arrow Head I lead an out door life, riding in the
morning, exploring the adjacent canyons in the aftemoon,and
visiting each day the ranch of the late Governor Watterman
where I ate from three to five pounds of grapes each day as
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560 PSYCHOLOGICAI-.
long as any remained upon the vines.- There are those of you
of course who ridicule the grape cure, on account of the small
amount of nutriment in the grapes, but let me again express
to you my firm conviction, not only in tuberculosis but in
other affections,grapes are almost valuable adjuvent to the oth-
er forms of treatment. They are relatively rich in potassium,
and that, you know, is a powerful reconstructive and altera-
tive. Grapes are also soothing to the throat, in fact they are
a pleasant demulcent.
My intractable cough, which clung to me tenaciously, I
treated first by never giving away to an impulse to cough un-
less I was compelled to do so. I remember that often the
tears coursed down my cheeks while attempting to suppress
the same. I made much headway, however, by cultivating the
tolerance of the tickling sensation in my throat. Sometimes
I did not^ succeed in warding oflf a severe paroxysm of cough-
ing, I nevertheless spared myself much inconvenience in em-
plo)dng this procedure. Sometimes to aid me I would resort
to gum arabic of rock candy which I would allow to slowly
dissolve in my mouth. Flesh I gained very slowly but I in-
creased my weight by forcing myself to eat. I never ate less
thati a certain quantity of , food at each meal and tried each
time to eat more. I ate considerable meat, took lots of hon-
ey, drank milk, whenever I could obtain it, ate all cereals
placed before me and now and then took a little 1 eer, stout or
brandy, but of the latter always with considerable circum-
spection. I am now sure that I could have gotten along very
well without stimulants of any sort.
Reasoning that if it was good to be out of dpors the greater
part of the day, it was still better to be out for the entire
twenty-four hours, I conceived the idea of making a trip by
wagon into the very heart of the desert where I knew the air
was absolutely pure. Unfolding my plans to three other in-
valids it was not a long while when I found myself seated up-
on a large covered four horse wagon making my way with ray
associates across the Canon Pass into Death Valley and the
Lava beds, determined there to journey until I was fully re-
stored to my health. At first we pitched a tent each night
when we had completed the necessary miles constituting aday's
travel, but as time went on, packing and unpacking the can-
vass and driving and clearing stakes became irksome in the
extreme and we abandoned our tent and wrapping ourselves
Digitized by VjOOQIC
PSYCHOLOGICAL. 661
in our blankets slept upon the bare ground. At this time I
was comparatively well, although the process in my lungs was
still active as was. evident to myself by the crackling rales,
both large and small, which I could produce at pleasure by
resorting to violent exercise, such as running, wielding an
ax, or lifting heavy weights, et cetera. Until we reached the
Needles the weather was fairly good, but upon crossing the
Colorado a decided change in temperature took place. It be-
came windy and intensely cold. As we progressed further
inland, we were subject to sand storms and blizzards which
delayed our progress and caused us to again resort to the
tent. But the tent was small and becoming an obstacle to the
wind, sooner than go through the trouble of erecting it every
day, we abandoned it altogether, protecting our»*:elves as best
we could from the falling rain, and the snow which though
heavy fortunately never lay long upon the soggy ground.
Notwithstanding the wind, rain, and snow my health im-
proved almost daily, and my resisting power increased per-
ceptibly. The horses becoming run down by their uninter-
rupted arduous work, we lightened theityburdens, all but the
one driving, walking. The walking did me an immense
amount of good and I later figured that of the twelve hundred
miles journey by wagon in the desert, I must have walked
»ot less than eight hundred. Reaching Ash Forks we went
into the Mugallon Mountains, deeply covered at that time with
snow. The thermometer was below zero each night, but cold
as it was we did not suffer. In fact it was more comfortable,
than the desert with its sand and winds. When they were
available we spread pine boughs upon the snow and over them
our blankets. The rarity of the air and the ozone from the
huge pines changed the character of my expectoration. At
first there was an increased amount, but notwithstanding my
lungs felt freer than ever before. It was really remarkable
how the air stimulated my bronchial secretions, — from a thick
yellow ispissated sputa the expectoration was converted into
a watery mucoid frothy matter, which though copious was
healthy in appearance even to a layman. After spending a month
m the Mugallons we journeyed into the Tonto Basin, where
I had opportunities to resort to a healthful procedure which
I had abandoned in the mountains, namely cold ablution of
the body, and which I have practiced daily ever since. When
we reached the plains after again crossing the Pinal Range
Digitized by VjOOQIC
562 PSYCHOLOGICAL.
where there was less snow that in the Mugallons, the season
had so far advanced that the desert had become a veritable
cauldron. But I was toughened and stood the one hundred
and thirty or forty degrees better than the others and in addi-
tioH', I walked with a firm and elastic tread, a little thinner
than when I left Arrow Head but effectually cured of my dis-
ease.
That, gentlemen, is the brief history of the first year of the
treatment of my affection. I was well then, but I wanted to
stay well, and so after returning home for a few months to my
mother's farm in the hills of Maryland, I revisited California
and Arizona — ^repeating the procedure for a third time a year
later. Subsequently I went to Jefferson college where the
close confinement in the at that time rickety and illy ventilated
building made me sick and again almost laid me out.
I. did not give up the study of medicine however, but re-
suming my work at a local school I managed to obtain my
degree and simultaneously to keep well by drixdng twenty
miles every day rain or shine. From the medical school I
went to the Garfield hospital remaining there a year and a
half, and from thence to Vienna where I managed to attend
the clinics for nearly four years, alternating my work with
long walks into the Wiener Waldt and excursions during the
summer into the higher mountainous regions of the Eastern
and Western Alps. My cure I attribute to the cultivation of
the power of resistance, to the sunlight, and ihe open air
life I have been and am still leading.
Digitized by VjOOQIC
SHOULD THE USE OF ANTITOXINS IN TU-
BERCULOSIS BE CONDEMNED FROM A
PURELY SCIENTIFIC POINT OF VIEW?
BY DR. EARL VON RUCK, OP ASHBVILLR, N. C.
To attempt to answer the above. question from a scientific
basis only, would require a review of all the pertinent data ia
bacteriology, experimental therapeutics and clinical medicine,,
which have accumulated within the last twenty years. Hav-
ing done this, we would find, that our exact kowledge bear-
ing upon the subject of toxins and antitoxins in general, and
of their relation to tuberculosis in particular, is insufficient to
come to a definite conclusion.
As my available time does not permit roe to attempt such
a review, and finding the scientific fagts too meagre, I desire
to open this discussion from the standpoint of the therapeutist
rather than that of the scientist, referring to such facts which
speak for or against ^n affirmative answer.
Presuming that my hearers are familiar with the subject of
bacterio-therapeutics as evolved and applied in the several in-
fectious diseases, I may give my definition of an antitoxin as
a specific remedy having the power to antagonize, antidote,,
neutralize or to destroy the harmful eflfect of a specific bacter-
ial toxin; |o which I may add, that as commonly applied and
understood, the term antitoxin refers to blc»od serum obtained
from animals, which have undergone a course of treatment or
immunization with toxins derived from specific pathogenic
bacteria.
The principle of bacterio-therapeutics rests upon the estab-
lished relation of certain pathogenic bacteria to certain infec-
tious diseases and upon the observations, that with recovery
from some of the infectious diseases, the u dividual is protec-
ted for a longer or shorter period of time against reinfection or
recurrence of the disease.
This change from susceptibility to immunity is believed to
Opening paper on fifth question. Read before the Medico-Legal 9o*
dety and American Congress of Tuberculosis, Pebniary 33, 1900.
Digitized by VjOOQIC
564 PSYCHOLOGICAL.
have been brought about through the action of specific toxins
derived from the specific germs during the course of the dis-
ease, and but for such acquired immunity recovery from in-
fectious diseases would seem impossible.
Experimental medicine has shown, that in several of the in-
fectious diseases a like change from susceptibility to immunity
can be induced by the artificial introduction of specific bacterial
toxins, and also that the blood serum and other tissues of the
immunized animals have the power to antagonize or overcome
the deleterious effects of the bacterial toxin, and thus was evol-
ved the theory of toxins and antitoxins.
The hope that such immunization and production of anti-
toxins was a general law applying to all infectious diseases has,
however, not yet been realized.
The production of antitoxic serum for tuberculosis has bewi
attempted by several experimenters and also by the writer,and
a number of preparations have been put on the market within
the last five or six years. The chief credit for the labor in this
direction is due Professor Maragliano, but all the scientific
data which he and others could show, is the fact, that the anti-
toxic serum for tuberculosis contains protective properties of
only a very feeble power, the degree attained being, that a
minimum fatal dose of crude standardized tuberculin can be
neutralized by injections of an equal quantity of serum.
Professor Mara^iano claims for his preparation, that iti
clinical application in tuberculosis stimulates the productioa
of new antitoxins in the patient, and that it has therefore im-
munizing properties also, which T however, have not been aole
to confirm either with Maragliano's or my own preparatiofl
nor with several others in my animal experiments.
If we may compare the serum {H*eparations for diphtheria
with those now obtainable for tuberculosis, we find that for
a successful result in diphtheria a serum of an antitoxic pow-
er of several thousand units is required, while the best that
has been accomplished for tuberculosis is a power of only one
unit, and if any of the available preparations have clinical val-
us, the latter is not likely to be due to their antitoxic prcq)er-
ties, and from other considerations presently to be referred to,
it IS an open question whether or not a true antitoxin for tu-
berculosis is desirable, as is the case with diphtheria.
The latter is an acute, infectious disease, and in uncompli-
cated cases recovery occurs frequently after a short, definite
Digitized by VjOOQIC
PSYCHOI^OGICAL. 565
course of illness, when the patient becomes temporarily im-
mune. The diphtheria bacillus is a most rapid grower, and
undergoes rapid disintegration. The pathological alterations
in diphtheria are confined to the mucous surfaces and repair
is rapid and complete after convalescence. The acute symp-
toms bespeak an acute intoxication, and if in uncomplicated
cases death ensues, it is the direct consequence of bacterial
poisoning,and if under such conditions we can intervene with a
remedy of the nature of an antitoxin, we may thereby avert
death.
In tuberculosis, on the other hand, we have, as a rule, a
chronic infectious disease in which immunity does not occur;
patients acquire no well marked toleration to toxins, on the
contrary they are and remain highly sensitive to them, so that
toxins may be applied with almost unerring certainty for diag-
nostic purposes in most minute aoses. The tubercle bacillus
is an extremely slow grower, and resists solution or disinteg-
ration to an astonishing deg^ree. Tubercle bacilli cap be dem-
onstrated in old, fibroid lesions and even in encapsuled caseou-
fod, many years after the tissues were first involved in tuber-
culer disease, and long after the conditions foi^ the life and
growth of the bacteria have apparently disappeared. No so-
lution of the tubercle bacillus has been possible and the ex-
traction of toxins from their bodies was only accomplished by
the removal of their great quantity of fat, and even then the
badlii retain their form.
The pathological alteraticms in tuberculosis are usually deep
seated and interstitial, the tubercles themselves are non-vas-
cular, undergo rapid caseation, or gradual fibroid transforma-
tion and in either case they leave a permanent effect
The clinical symptoms do not suggest the poisoning of the
patient with specific toxins, and tubercle formation may be in
progress and large areas of tissue may contain tubercles
without general symptoms of intoxication being present. The
patient's life is never threatened by the action of specific toxms
from the tubercle bacillus.
With such radical difference in the specific germs, in the
patholc^^ and in the natural course of the disease to which
others might be added, the question arises are there specific
toxins liberated in the course of tuberculosis to an appreciable
amount? And since toxins appear necessary for the produc-
tion of both natural and the artificially induced immunity in
Digitized by VjOOQIC
686 PSYCHOLOGICAL.
all infectious diseases, may the deficiency of toxin iormstions
in tuberculosis not account for the continued susceptibility
to tubercular invasion of new tissues, and to the tuberculin
test?
My own studies and observations incline me strongly to
take this view, which my experimental results and therapeuti-
cal observations confirm.
I am well aware that the general symptoms in the course
of pulmonary tuberculosis in all its stages have been attrib-
uted, and are still being attributed to specific bacterial toxins
whether of the tubercle bacillus itself, or of other associated
germs, but I consider it a vital objection to the theory that
toxins from the tubercle bacillus are responsible for the gen-
eral symptoms, when it can be shown that months after such
symptoms have been present, the tubercular subject still
shows general and local reactions to most minute doses of the
specific toxins, while the gradual introduction of the latter we
can often reach one hundred times the amount of the ordinary-
test dose in so short a time as a month, and can do this with*
out producing the slightest symptoms of any kind. Surely if
the tubercular patient had been absorbing like toxins from
his tubercular lesions for months or even years, he would
thereafter not show reaction to a small fraction of a milligrain
of toxins.
This is not the time and place to give you my views as to
the cause cf the general symptoms and especially the fever
which we observe in the various stages of pulmonary tuber-
culosis and which I have recorded in an article on fever in the
January number of the Journal of Tuberculosis on page 94.
To conclude my remarks, I may say again, that inasmuch
as toxins are necessary to produce immunity, ' and since a
true antitoxin will antagonize, neutralize or destroy the toxins^
the latter could only have a place in the therapy of infectious
diseases having an acute course during which the life of the
patient is in jeopardy by excessive production of toxins, which
is not the case in tuberculosis, and certainly not in its chronic
form.
In order to justify the use of a pure antitoxin in tubercu-
losis, it must first be shown that specific toxins from tubercle
bacilli are present, which have an unfavorable eflfcct on thfe
course of the disease.
If, however, it can be shown, that the serum preparations
Digitized by VjOOQIC
PSYCHOLOGICAL. 667
which we call antitoxins have the power of inducing a change
from susceptibility to immunity, and act therefore in the same
manner as do toxins, then of course the use of such a serum
cannot be condemned either from a scientific or therapeutic
standpoint.
So far It has not been shown that any of the antitoxic
serums which have been produced by Maragliano as well as
by others and by myself, have sucli properties to a degree
that they produce even partial or slight degrees of immunity,
and inasmuch as such results have been accomplished by the
direct injection of toxins, and their administration aiq>ears to
be perfectly safe, and is attended by excellent cUnicsd results,
the direct immunization with toxins is justified from a scien-
tific as well as from a therapeutic point of view.
Digitized by VjOOQIC
AMERICAN CONGRESS OF TUBERCULOSIS
IN JOINT SESSION WITH THE
MEDICO-LEGAL SOCIETY.
TRANSACTIONS.
FEBRUARY SESSION, 190a
The Pebniary session of the Medico-Legal Society was held at the Ho-
tel St. Andrew, in joint session with the Congress of Tnbercnlosis, acting
under the authorization of a Committee of Arrangements which had been
named by the Society at the November meeting, 1899.
After the removal of the doth, the Medico-Le^^ Society organized,
the President, Clark Bell, Esq., in the chair, and H. Gerald Chapin, Esq.,
acting as secretary.
The reading of the minutes'of the January meeting were, on motion,
postponed until the March meetii^.
The election of Treasurer and of vacancies in other offices were, on
motion, postponed until the March meeting.
The following members were duly elected on recommendation of the
BzecntiTe Committee :
A. Laura Josoelyn, 309 Broadway, New York City; Edward P. RipLtjt
Esq., Assistant EHstrict Attorney. Brooklyn, N. Y.; M. Strsssman, New
York City.
The Chair called upon the Committee of Arrangements for the Congress
of Tuberculosis, for a report
Dr. J. Mount Bleyer, from the Committee of Arrangements, reported :
That at the meeting of the Medioo-I>gal Society, held November 15,
1899, the following action was taken by that Society:
ne Chairman of the Executive Committee repotted that the follow-
ing resolution had been adopted by the Executive Committee :
"J^escived, That the evening of the 3d Wednesday of Pebmxy, 190a
and the succeeding day, be devoted to a discussion of 'Tuberculosis and
its Modem Treatment,' and that expert scientist throughout the United
States be invited to take part in this Congress, and that Profl Thomas
Bassett Keyes, M. D., of Chicago; J. Mount Bleyer, M. D., of New Yo^
and Clark Bell, Esq., of New York, be named as a special committee to
take the subject and the proposed meeting in charge, with power."
The action of the committee was ratified.
The Secretary reported that a plan of the meeting had been formulated,
and a series of questions for discussion had met the approval of the Se-
lect Committee, which would be submitted shortly to members and
scientists in the form of a preliminary programme of the proposed Con-
gress of Pebruary, 1900.
I. That the Committee had sent out an announcement to medical men
throughout the nation, inviting cooperation in the work of the Cbogress
and stating five questions for discussion, as follows :
a. Special Hospitals and Sanitariums; their Construction and
C^>eration.
Digitized by VjOOQIC
TRANSACTIONS. 669
b. What are the Most Sncceasfol Methods of treatment ?
c Individualizatioii of Certain Forms of Tuberculosis ; its Import-
ance and Necessity.
d. Is Change of Climate a Necessity for Treatment?
e. Should the Use of Anti-tozines in Tuberculoels be Condemned,
fiom a purely Scientific Point of View ?
2. That a very large number of replies had been received, and that
later a preliminary programme and announcement had been sent by the
Committee to all those who had responded favorably, of which a copy
was published in the December number of the liBDico-LBGAXr Journai^
3. That the Committee had forwarded the opening papers on questions
a and b, to the members who had responded finvorably, and were arrang-
ing to send others of the advanced sheets of the remaining printed papers
to the members.
4. That the Committee had entered into an arrangement, as stated in
the pieliminavy progranmie, with the liBDico-LBGAL Jouxnai„ to bring
out such papers in the form of a bulletin.
5. That Mr. Clark Bell had been elected tempocary Secretary and
Treasnierofthe Committee.
6. That the Committee of Arrangements submitted the following, as
a list of temporary officers for the Congress of Tuberculosis, with the
programme of the work of the Congress, as approved by the Committee:
TEMPORARY OFFICERS.
Honorary J^esidenL'-KohtrtB Barthalow, M. D. of Philadelphia, Pis.
lyesident.'-K. N Bell, M. D., of Brooklyn.
Vice IWsidenis.'-Utnxj B. Baker, M. D., Secretary State Board of
Health, Michigan ; Ralcey Husted Bell, M. D., Editor '*The Raven,"
St. Louis, Mo.; Chief Surgeon C. K. Cole, M. D., Helena, Mont; C6L
B. Chancellor, M. D., St. Louis, Mo.; Tr D. Crothers, M. D., Hartford,
Conn.; Judson Deland, M. D., Philadelphia, Pa.; Charles Denison, M.
D., Denver, CoL; Prof. P. A. Leusman, M. D., Chicago, IlL; U. O. B.
Wingate, M. D., Secretary and Executive Officer Wisconsin State Board
of Health, Milwaukee ; Dwight S. Moore, M. D., Jamestown, N. D.: A.
E. Osborne, M, D., Superintendent, Glen Ellen, Cal.; W. S. Gottneil,
M, D., New York City ; Prof. A. P. Grinnell, M. D., Burlington, Vt; J.
C. Wilson, M. D., Philadelphia, Pa.
Secretary and Treasurer,— daik Bell, Esq., of New York City.
PROGRAMME.
FIRST DAY.
7 P. M.— The opening Dinner at the Hotel St Andrews, of the Medico
Legal Society, members and delegates.
9 P. M.— The organization of the Congress, under the temporary offi-
cers announced by the Committee of arrangements.
a. Addresses of welcome to the members and delegates, by promi-
nent public officials and the President of the Medico-L^al Society.
d. Response by the officers of the Congress of Tuberculosis in behalf
of the Congress.
c. The enrolling of members of the Congress.
d. Appointment of Committees af the Congress.
e. The following subjects for discussion will be submitted to the Con-
I. Special Hospitals and Sanitariums ; their Construction and Oper
Digitized by VjOOQIC
670 TRANSACTIONS.
aticH. To be opened by J. Mount Bleyer, M. D., of New York, and
diacnated by G. W. Van Vleck, M. O., Jackaon, Mich.; Dr. B. Ma-
ther» Birmingham, Mich. ; Dr. Kari Ton Rn^, Aaherille, N. C; Dr.
Charlea Deniaon, DenTer, Colo.: P. T. Labadie, M. D., of New Yofk;
W. S. Wataon. M. D., of FiaUdU, N. Y., and olhen.
SECOND DAY, lo A. M.
Report of Committee on Permanent Organization. Blection of per-
manent officers.
2. What are the Most Successful Methods of Treatment f Diacoauon
opened by Prof. Thoa« Baatett Keyea, M. D., Chicago, and diaciiaied by
Dr. J. Monnt Bleyer, New York ; Prof! Theo. R. B. Kleba, M. D., Ou-
cago; Dr. Judaon Deland, Philadelphia; Dr. G. A. Brana, Broc^dyn;
Dr. Wm. S. Gottheil, New York ; H. W. Mitchell, M D., of New
York ; M. A. Kopperl, Baq. of Anatin, Texaa ; Dr. Homer M. Thomaa,
Chicago ; Thoa. Ito^iaU Field, M. D., Chicago ; P. T. Ubadie, M. D.,
New York, and others.
3. Individualization of Certain Forms of Tuberculosis; its Im^ori-
ance and Necessity. Diacnasion opened by Dr. Jndaon Deland, of Phila-
delphia, and diacussed by Dr. J. Monnt Bleyer, New York ; W. S. Wat-
aon, M. D., Fishkill-on-Hndaon, N. Y., and othera.
4. Is Change of Climate a Necessity for TVeatmentf Diacunkm
opened by Dr. Karl von Rock, Aaheville, N. C, and diaenased by Dr. G.
A. Brana, Brooklyn, N. Y.; Dr. John S. Rtobinaon, Chicago ; Dr. Wm.
S. Gottheil, New York ; Dr. Charlea Deniaon, Denver; Dr. Jndaon
Deland, Philadelphia, and othera.
5. Should the Use of Anti-ioxines in Tuberculosis be Condenmed^
from a purely Scientific Point of View f Diacnasion opened by Dr.
Earl von Ruck, of Asheville, N. C, and continued by Dr. Charlea Den-
iaon, Denver; P. T. Labadie, M. D.. New York, and others.
SECOND DAY, 2 P. M.
ADDITIONAL SUBJECTS FOR DISCUSSION.
The foUowiog additional papers are announced :
6. Contagiousness of Tuberculosis, By E. L. Shnrley, of Detroit, Mich.
7. Registration of Tuberculosis, By Lawrence P. Prick, M. D., of
Philadelphia.
8. A Denial of the Position (claimed to be believed in by the maaa
of medical men) as at present held^ that the Bacdllus of TUoercU is the
Cause of Tuberculosis; and to ask, Would we not Reach desirable Pre-
vention sooner to Consider it a Result rather than the Cause t By Chaa.
Deniaon, M. D., of Denver, Colorado.
9. A Study as to the Cause of Tuberculosis; an Important Factor as to
its TrecUment, By Prof. Thomas Bassett Keyea, M. D., of Chicaga
Dr. Charles Denison, of Denver, suggests a theme for
discussion :
17. What are the Histological and Biological Changes essential for
Tubercular Infection f and the Committee invite discussion upon it
11. Report on the Work of the Marine Hospital Service at Fori Stan-
ton. New Mexico. By Past Assistant Snigeon M. J. Roaenao, of Waah-
ington, D. C
12. The Rational Treatment of TuberctUosis, By CoL B. Chancellor,
M. D., St. Louis, Mo.
13. Tuberculosis and AlcohoL By T, D. Crothers, M. D., Vlce-preai-
dent Medico-Legal Society, Hartford, Conn.
14. Demonstration of Electro-Sterilization of the Blood of the Tltber-
culous. By Dr J. Monnt Bleyer, of New York City.
15. The Modem Treatment of Prophylaxis in I^monofylT^tberaUo-
sis. By M. J. Brooka, M. D., Stamford, Conn.
Digitized by VjOOQIC
TRANSACTIONS. 571
id. Method of Plussing a High Voltage Current Through the Chesty
4U the Same Time Giving Inhalation of Electrified Air, By Hajjy F.
Waitc, M. D., of New York City.
17. Observation of Fifty Cases of T^uberculosis, Bj Dr. Joteph B.
Oidiner, Baltimore, Md.
18. My Ozvn Case^ with Deductions Derived from the Same, By Dr.
J. H. Metzerott, Washington, D. C.
19. The Most Ideal Climatic Resort, By Richard A. Goeth, M. D.,
Boeme, Texas.
20. Extermination of the Human Race by Tuberculosis; Its Causes^
Effect^ Cure and Prevention, By Prandsqne Crotte, A. M. Ph« D., of
Paris.
The enrolling fee of the Congress is $3, which shotdd ac-
<x>mpany the application for membership, and entitles the mem-
ber to the published transactions and to the Bulletin of the
Congress.
The Committee of Arrangements have concluded arrange-
ments with the Medico- Legal Journal to publish a Bulletin of
the Transactions of the Congress.
To defray the expenses of this publication, over and above
the enrolling fees, it has provided for speedy publication of the
papers read, and the discussions, by which authors of papers
•can have their contributions printed in the Bulletin at a cost of
$1.00 per page small pica, and $1.50 per page small type. Jour-
nal page size, and each author entitled to 50 copies, as a reprint,
free of charge, with privilege of extra rqprints at cost of press-
work and paper, if ordered in advance.
Members are requested to submit the copy of their papers at
<mce, to enable the same to be put speedily in type before the
session, if possible, and to enable the publication of the Bulletin
as early as possible.
The roll of the Congress will be kept open for the enrollment
of members to the close of the session, and is free to all mem-
bers of either profession, and to lay members, who are requested
o forward their names as soon as possible.
The following persons have responded to the first invitation
of the Committee :
Snrseon General Walter Wyman, Marine Hospital Service U. S. N.
Washington, D. C; Dr. Arthur R. Reynolds. Health Com., Chicago,
111.; Dr. Edward P. Wells, of Chicago. Illinois; Prof! W. H. Sndduth,
of Chicago, Illinois; Benj. F. Lyle, M. D., Cincinnati, Ohio.; Charles
B Quimby, M. D , ofNew York; A. E. Osborne, M. D., Supt, Glen
Ellen, Cal. ; Elmer Densmore, M. D. , of Brooklyn; Dr. A. N. Bell,
Editor ** Saniterian." Brooklyn ; Dr. H. I^ngstreet Taylor, of St. Paul,
Minn.; R. A. Goeth, M. D., Boeme, Texas; M. J, Brooks, M. D.,
Sept., &C., Stamford, Conn.; Wm. A. Dickey, M D., Toledo, Ohio;
Harry F. Waite, M D., of New York; John Eisner, M. D., of Denver;
Henry B. Baker. M. D., Secretary State Board of Health, Lansing, Mich.;
Chief Surgeon C. K. Cole, Helena, Montona; Col. E. Chancellor, M.D.,
St. Lonis, Mo.; T. D Crothers, M. D., Hartford, Conn.; Prof. A. Lens-
man, M D., of Chicago, 111.; Roberts Barthalow, of Philadelphia, Pa.;
James Tyson, M. D., Philadelphia, Pa.; D wight S. Moore, M. D., Supt,
North Dakota; O. U, B. Wingate, M. D., Milwaukee, Wis.; Ralcy Hnsted
BeU, M. D., St. Louis, Mo ; Harry F. Waite. M. D., of New York ; J. H.
Metzerott, M. D., of Washington, D. C; Joseph B. Gichner, M. D., of
Digitized by VjOOQIC
672 TRANSACTIONS.
Baltimore, Md. ; Snrg, R. ' J. Rosenan, Marine Hoapital, Waahington, D.C ;
M. A. Kopperl, Esq., Autdii, Texaa ; Dr. J. Peikina, Prcmdence, R. L;
Dr. J. C. Wilson, Philadelphia, Pa.; Prof. A.'P. GrinneU, Bnrlington, Vt^
B. S Oi^food, £aq., Brooklyn, N. Y.; Dr. C. V. MaMey, Chicago, HL;
Dr. Samnel B. Ward, Albany, N. Y.; Dr. Richmond McKinney, Bditor
'* Biemphia Medical Monthly," Memphis, Tenn.; P. T. Labadie, M. D.,
of New York ; W. S. Watson, M. D., Fishkill, N. Y.; Hnbbaxd W. Mit-
chell, M. D., of New York.
THOS. BASSETT KEYES, M. D., Chairman,
92 State Street, Chicago, lUs.
J. MOUNT BLEYER. M. D.,
460 Lexington Avenue, New York City.
CLARK BELL, Esq. LL. D., Sec. & Treas. of Com.
39 Broadway, New York City.
Committee of Arrangements.
CLARK BELL, President Medico-Legal Society.
H. GERALD CHAPIN, Esq., Secretary.
A. L. JOSCELYN, Acting Asst. Secretary.
New York City, February 21, 1900.
On motion the report of the Oomndttee of Amngementt wu ;reoei?ed.
On motion the report of the Committee wu adopted.
The Chair then stated that the Medico-Legal Sodety woold go into
joint tetdon with the Congrett of Tnbercnloais, nnder the offioera named
by the Committee ; the President of the Medioo-Legal Society presiding
with the President of the Congress of Tnbercnlosis jointly.
Mr. Clark Bell, President of the Medico-Legal Lodety, then introduced
Dr. A. N. Bell, President of the American Congress of Tnbeicnlosis, and
made an address of welcome to the Congress.
President Clark Bell read a letter from William T. Jenkins, M. D., one
of the Health Commissioners of New York City, who had been designated
by the President of the Board of Health to attend and make an address
of welcome, bnt was nnavoidably kept away.
A message was received through M. A. Kopperl, Bsq., irom Bx-Gover^
nor J. H. Hogg, of Texas, who had accepted an invitation to make an
address of welcome to the Congress, but whose illness had prevented
him from attending.
H. Gerald Chapin, Esq., Secretary of the Society, then made a short
address of welcome.
Dr. A. N. Bell then made an address in response, in behalf of the mem-
bers of the Congress of Tuberculosis, and, at the request of President
Clark Bell, took the Chair for the opening meeting of Congress.
Dr. A. N. Bell, President of the Congress, ordered the enrolling of
members of the Congress to be kept open.
Mr. Clark Bell moved that Chairman A. N. Bell name a committee of
three to submit nominations for pericanent officers of the Congress at the
session of February 22, 1900, with other committees and standing resolu-
tions for the government of the Congress : seconded and carried unani-
mously.
The Chair named as such committee: Clark Bell, Esq., Chairman ; Dr.
Joseph E. Gichner, of Baltimore, Md., and M. A. Kopperl, Esq., of Aus-
tin, Texas.
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The Chairman, Dr. A. N. Bell, then introduced Dr. J. Mount Bleyer, of
New York City, who spoke on '* Special Hospitals and Sanitariums ;
their Construction and Operation,'* which appear elsewhere in our
columns, as **Colored Rays of Light," and gave illustrations.
Dr. Bleyer made an illustration and exhibition of the practical use of
the light rays, In explanation of his paper.
The paper was discussed by Dr. P. T. Labadie, Dr. W. S. Watson, J.
H. Metzerott, M. D., of Washington, D. C; Dr. Joseph B. Gichner, of
Baltimore, Md., and Dr. Charles Denison, of Denver.
Dr. John H. Metzerott, M. D., of Washington in discussing Dr. Bleyers'
paper said :
The subject of light treatment is a new thing to me, but I have heard so
much of it that I have ordered an apparatus from Professor Pinsen, of
Copenhagen. I have seen wonderful effects in the treatment of various
diseases by these rays of light. I have heard oonriderable in regard to
this subject from my colleague, Dr. Merrill, from whom I understand
that these actinic rays are developed from Crook's tubes, as well as from
the apparatus which you have here. The actinic rays are the same, only
the tubes are used instead of the prisms in their production. Dr. Merrill
treated a patient who had lupus vulsaris. The diagnosis was in doubt ;
it could not be made microecopiouly, but clinically it was lupus. Por
about three weeks the patient was given sittinn of about twenty minutes-
duration, twice a week, and he effMted an enure cure. This case will be
reported in one of the medical joimials in a very short time.
I think we are on the eve now of a wonderful change in the treatment
of this one disease, lupus, and from what I have heiutl and from what I
have seen I believe we have at last found a cure.
The Congress took a recess until lo a. m. of Pebruary 22, 190a
SECOND DAY, PEBRUARY 22, 190a
Congress opened at 10 a. m.
President Clark Bell, Esq., of the Medico-Legal Society, in the Chair.
The Select Committee on permanent officers and standing committees
and resolutions, made the following ret)ort :
The Select Committee named by the Congress of Tuberculosis in joint
session with the Medico-Legal Society, on Pebruary 21, 1900, to nomi*
nate permanent officers for the Congress of Tuberculosis and to recom-
mena standinfi^ committees and resolutions, respectfully report :
1. They submit nominations for permanent officers of the Congress of
Tuberculosis herewith ;
2. They submit nominations for standing committees ;
3. They submit resolutions for the consideration of the Congress, all
of which are annexed.
CLARK BELL, ^
M. A. KOPPERLt ^Committee.
JOSEPH E. GICHNER,)
The' Committee named tty the President of the Congress to nominate
permanent officers, respectnilly^recommend the follomng as permanent
officers of the Congress:
Honorary President--A. N, Bell, M. D., of Brooklyn, N. Y.
President—Charles Denison, M. D., of Denver, CoL
'^oe-Presidents— Henrv B. Baker, M. D., Secretarv State Board of
Health, Mich.; Roberts Barthalow, M. D. of Philadelphia, Pa.; J. Mount
Bl^er, M. D., of New York Ci^r ; Ralcy Hasted Bell, M. D., Editor
"llie Raven," St. Louis, Mo.; Chief Surgeon C. K. Cole, M. D., Helena,
Mont.; Colonel E. Chanceellor, M. D., St Louis, Mo.; T. D. Crothers,
M. D., Hartford, Conn.; Judson Deland, M. D., Philadelphia, Pa.; Joseph
E. Gichner, Baltimore, Md.; Prof. Thomas Baisett Keyes, M. D., Cni-
csgo, nL; Prof. P. A. Lenseman, M. D., Chicago, IlL; U. O. B. Wingate,
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674 TRANSACTIONS.
M. D., Secretary and Bzecntive Officer Wisconaiii State Board of Health,
Milwaukee, Wis.; Dwight S. Moore, M. D., Jameatown, N. D.; A. E.
Osborne, M. D., Superintendent, Glen Bllen, Cal. W. S. Gottheil, H.
D., New York aty ; Prof. A. P. Grinnell, M. D., Burlington, Vt.; J. C.
Wilson, M. D., Philadelphia, Pa.
The Select Committee, named by the Chair at the opening seanon, re-
spectfully report that they xeoommend the following standing committees:
Committee on Rules— J. Mount Bleyer, M. D., New York City, Chair-
man ; T. D.Crothers, M. D., Hartford, Conn.; M. A. Kopperl, Esq.,
Austin, Texas.
Committee on Ways and Means— Henry B. Baker, M. D., Mich.,
Chairman ; Prof. A. P. Grinnell, M. D., Burlington, Vt; A. B. Osborne,
M D., of California ; Charles Denison, M. D., of Denver, C6L; Karl Von
Ruck, M. D., of North Carolina ; CoL E. Chancellor, M. D., of St Louis;
J. C Wilson, M. D., of Philadelphia.
Executive Committee — T. D. Crothers, M. D., of Conn., Chairman ;
Judson Deland, M. D., of Philadelphia ; Joseph E. Gichner, M. D., of
Maryland ; WiUiam S. GottheD, M. D. , of New York ; M. J. Brooks, BL
D., of Connecticut ; J. Mount Bleyer, M. D., of New York; Prof. Thomas
Bassett Keyes, M. D., of Illinois.
The Committee further report that they recommend the adoption of
the following resolutions :
I. Resolved^ That Cushing's Manual be adopted by the Congress as
the standard in parliamentary law.
3. Resolved^ That the President and Secretary be ex-offido membera
of all standing committees.
3. Resolved y That a Bulletin of this Congress be published, provided
the requisite funds can be secured to defiay the expenses, on the plan
and baisis recommended by the Committee of Arrangements namea by
the Medico-Legal Society.
4. Resolved^ That the original Committee of Arrangements have
chaige of the said publication with power : and that before the comple-
tion of the Bulletin, members and others be invited to continue the dis-
cussion opened by this Congress, to be embraced in the Bulletin, and
copies of papers read be sent to all members. (duly enrolled) for that
purpose.
5. Resolved^ That the President and Secretary be authorized to name
delegates to represent this Congress in the International Medical Con-
Rress of 1900, at Paris, and report its work : and to all societies and
bodies, home or abroad, who take an interest in the subject of its labors.
6 Resolved^ That, as the sense of this Congress, this organization be
made a permanent body, to meet at least once in each year at 9uch time
and place as shall be designated by its Executive Committee : and that
all those who are interested in arresting the increase of Tuberculosis be
invited to cooperate.
On motion the report of the Committee was received and on motion,
unanimously adopted, and the officers and committees as recommended
in the report, were declared by the chair to be duly elected.
On motion the resolutions recommended by the committee were unan-
imously adopted.
The regular order of business was then taken up on question number 2,
on the programme, "What are the most Successful Methods of Treat-
ment"
The paper of Prof. Thomas Bassett Ke3res was then read as the open-
ing paper.
The paper of Dr. Karl Von Ruck, on the discussion ot this qnesdoo,
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TRANSACTIONS. 676
was then read in the abaenoe of the author, b}; Dr. Joseph B. Gichner, of
Baltimore.
The paper was discussed by Dr. J. Mount Bleyer, who read a paper en-
titled "Demonstration of Electro Sterilization of the Blood of the Tnber-
cnlons."
The paper was also discussed by T. P. Labadie, M. D., who read a
paper entitled ''Extermination of the Human kace by Tuberculosis; Icf
Causes, Effect, Cure and Prevention.*' By Frandsque Crotte, A. H., Ph.
D., of Paris, and P. T. Labadie, M. D., of New York.
Dr. Joseph E. Gichner, of Baltimore, discussed the paper.
Dr. G. W. Van Vleck, of Jackson, Michigan, contributed to the dis-
cussion of the question, a paper entitled ''Tuberculosis."
Past Assistant Surgeon M. J. Rosenau, M. D., of the Idarine Hospital
Service, on designation and detail of Surgeon General Walter Wyman,
M. D., Marine Hospital Service, United States Navy, then read a paper
entitled "Report on the Work of the Marine Hospital Service at Port
Stanton, New Mexico.
This paper was discussed by Dr. J. Mount Bleyer, and Dr. Joseph E
Gichner.
The third question of the programme, "Individualization of Certain
Forms ofTuberculosis, its Importance and Necessity," was then taken
up, and in the absence of Dr. Judson Deland, of Philadelphia, who had
promised to read the opening paper, his paper was read by title and he
was requested to furnish it to the congress.
The fourth question was then taken up "Is Change of Climate a Ne-
cessity for Treatment?" and the discussion opened by Dr. Karl Von Ruck,
of Asheville, North Carolina.
In the absence of the author Dr. Von Ruck's paper was read by Dr. P.
T. Labadle, of New York.
This paper was discussed by Dr. Charles Denison, of Denver, who con-
tributed a paper, which appears elsewhere in this number.
The fifth question was then taken up "Should the use of Anti-toxines
in Tuberculosb be Condemned, fit>m a Purely Scientific Point of View?'*
The discussion was opened by a paper by Dr. Karl Von Ruck, of Ashe •
ville, North Carolina, which in the absence of the author was read by M.
A. Kopperl, Esq., of Austin, Texas.
Dr. Joseph E. Gichner, of Baltimore, Maryland, then read a paper en-
tiUed "Observations of Fifty Cases of Tuberculosis."
Richard A. Goeth, M. D., of Boeme, Texas, then presented a paper en-
tiUed "The Most Ideal Climatic Resort."
The Chair read a letter from Prof. Thomas Bassett Keyes, announcing
the serious illness of his child, which prevented his attendance, and his
paper, number 9 on the programme, was at his request read by title.
The Chair read a telegram from CoL E. Chancellor, M. D., of St.
Louis, explaining that a serious case of illness, which was impossible for
him to neglect, prevented his attendance as he had promised by tele-
graph, and his paper, which is number 12 on the programme, was read by
title.
At the request of Dr. Harry F. Waite, New York City, his paper en-
titled "Method of Passing a High Voltage Current Through the Chest,
at Same Time giving Inhalation of Electrified Air," was read by title.
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676 TRANSACTIONS.
Dr. J. H. Metzerott, of Washington. D. C, who attended the Congress
on the 2ist, was acddently prevented from attending the morning ses-
sion, and on motion it was ordered that his paper be read by title and he
was requested to fhmish k to the Secretary. Entitled '<My Own Case;
with Deductions Derived from the Same."
In the absence of the following papers, as announced upon the pro-
gramme, it was on motion, ordered that the several papers be read by
title, and that the authors be requested to furnish copies of their several
papers to the Secretary, to be incorporated in the Bulletin.
6. **Contagiousness of Tuberculosis." ByB. h* Shurley, of Detroit,
Michigan.
7. "Registration of Tuberculosis." By I^awrence P. Frick,^. D., of
Philadelphia.
8. <*A Denial of the Position (claimed to be believed in by the mass
of medical men) as at present hc^, that the Bacdllus of Tubercle is the
Cause of Tubercudosis; and to ask. Would we not Reach desirable Pre-
vention sooner to Consider it a Result rather than the Cana^' By
Charles Denison, M. D., Denver, Col. /
Dr. Charles Denison, of Denver, suggests a theme for discussion:
10. <*What are the Histological and Biological Changes essential for
Tubercular Infection?" and the Committee invite discussion upon it
13. "Tuberculosis and Alcohol." By T. D. Crothtrs, M. D. Vice-
president Medico-Legal Society, Hartford, Couil
15* "The Modem Treatment of Prophylaxis of Pulmonary Tubercu-
losis." By M. J. Brooks, M. D. , of Stamford, Conn.
M. A. Kopperl, Bsq., then offered thefoUof^ing resolutions:
Resolvedy That the Executive Committee shall have full power over
all affairs of the body; three members shall constitute a quorum on a
regular call.
Resolved^ That vacancies in all offices and committees maybe filled by
the Executive Committee.
Resolved^ That the Executive Committee shall have the power of re-
moval and substitution of any officer or member of a Committee, who is
not iu attendance at the Congress, or who should be in de&ult of pay-
ment of enrolling fee, after a reasonable call and non-payment ana of
substitution of a name instead.
Resolved^ That the members and others be invited to send to the Sec-
retary their views in discussion of each paper presented to the Congress
and that they be included in the Bulletin.
Dr. Davis then appeared and asked to be enrolled as a member, which
was granted, the Congress then adjourned, subject to the call of the
Officers or on action of the Executive Committee.
For the Medico-Legal Society,
CLARK BELL, President
H. GERALD CHAPIN, Secretary.
For the American Congress of Tuberculosis,
A. N. BELL, M. D., Preddent
CLARK BELL, Secretary.
OFFICERS OF THE AMERICAN CONGRESS OF TUBERCULO-
SIS, UNDER THE AUSPICES OF THE MEDICO-
LEGAL SOCIETY,
Honorary PRSSiDBNiv-Roberts Barthalow, M. D., of Philadelifliia.
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TRANSACTIONS. 677
P&BSiDBirr— A. N. Bdl, M. D., of Bcooklyn.
VICS-P&B8ID8NT9— Henrr B. Baker, M. D. , Sec. State Boaxd of Heatlh,
Mich.; Ralcy Hvated Bell, M. D., Bditor <*The Raven,'* St. Lonia, Mo.;
J. Mount Bleyer, M. D., of New York City: Chief Soxseon C K. Cole,
M. D., Helena, Mont.; Colonel E. Chancellor, M. D., St. Looia, Mo.; T.
D. CrotherB, M. D., Hartford, Conn.; Jndaon Dtland, M. D., Philadel-
phia, Fa.; Charlea Deniaon, M. D., Denver, Col.; Joa. B. Gichner, M.
D., Baltimore, Md.; Prof: Thoa. Baaaett Keyea, M. D., of Chicago, IlL;
Prof. F. A. Lenaeman, M. D., Chicago, lU.; U.^. B. Wingate, M. D.,
Secretary State Board of Health of Wiacouain, Milwaukee; Dwight S.
Moore, M. D., Jameatown, N. D.; A. B. Oabome, M. D., Si^erintendent,
Glen EUen, Cal.; W. S. Gottheil, M. D., New York Oty; Prof. A. P.
Grinnell, M. D., Bnrlington, Vt; J. C. Wilaon, M. D., Philadelphia, Pa.
Sbcrstary ad Trbasurer— Clark Bell, Esq., New York City.
[NoTB :— Dr. Charlea Deniaon, Denver, who waa chosen for Perma*
nent President, was not present at the meeting, and in correspondence,
before the Congress, had stated that he preferred not to hold any office,
notwithstanding which he was selected by the Committee for the Presi-
dency, and elected Permanent President. He telegraphed the Secretary,
on the aeoond day, declining to allow hia name to oe naed for that office,
bnt the telegram did not reach the Secretary till the evening of the 22d
of Febmary, after the Congress had adjourned. He later, bv letter, de-
clined to serve aa President. This leaves Dr. A. N. Bell, of Brooklyn,
Permanent President, until the Executive Committee select some one in
his place: and it leavea Dr. Roberta Barthalow Honorary President, and
Dr. Charlea Deniaon one of the Vice-Preddenta, anbject to the action of
the Executive Committee.] CI/ARK BELL, Secretary.
MARCH SESSION, 190a
March 21, 1900, Society met at Dinner at the St Andrew'a Hotel, the
President^ Clark Bell» in the chair, and A. Laura Joscelyn, Acting Asaiat-
ant Secretary, acting aa Secretary.
The minntea of the February meeting of the joint session of the Society
of the American Congress of Tuberculosis, aa printed in the March num-
ber of the Mbdico-Lrgai, Journai^ were read and approved.
The election of Treasurer and other vacancies, adjourned to this even-
ing, waa, on motion, postponed to the April meeting.
A letter from Vice-President T. D. Crothers, M. D., was read, explain-
ing hia absence and requesting that hia x»pcr, announced, be read by
title. The paper, '^Alcohol and Tuberculosis,'* waa read by title.
The paper of M. J. Brooka, M. D., of Stamford, Conn., entitled "The
Modem Treatment of Prophylaxis of Pulmonary Tuberculoaia," in the
absence of the author, waa read by Dr. J. Mount Bleyer, M. D.
Dr. Harry F. Waite then read his paper, entitled *' Methods of Passing
a High Voltage Current Through the Chest, at Same Time Giving Inha-
lation of Electrified Air," and made demonatrations illustrating the same.
The paper of Dr. J. H. Metzerot, M. D., entitled *• My Own|Case ; with
Deductions Derived from the Same," was read by the Secretary.
The Paper of Dr. W.S. Watson, Fishkillon-.the-Hudson, entitied "San-
itariuma for Tuberculoab and Best Methods of Treatment," waa read.
A paper contributed by Dr. H. B. Baker, Secretary and Chief Executive
Officer of the Stete Board of Health of Michigan, entitled "The Com-
municability and the Restriction of Consumption," was read, in the ab-
sence of the author, by the Acting Assistant Secretary, A. Laura Joacelyn.
A paper by Dr. B. F. Lyle, of Cincinnati, entitled "A Study aa to the
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578 TRANSACTIONS.
Cause of Tnberculotis, an Important Factor in its Treatment," was read
by Dr*. Harry F. Waite, of N. Y. City.
The papen were diacoMed aa a whole by the following : Dr. J. Monnt
Bleyer, Dr. Harry F. Waite. Victor Constant, Esq., Mr. T. B. Pandiaa,
of India, who gave a statement as to the ravages of tubercnlosis in that
country ; Hon. Jacob F. Miller, Henry B. Keesing, Esq., and the Presi-
dent
Geo. Chaffee, M. D., contributed the following to the discussion of the
papers read before the American Congress of Tnberculoos :
The calling of the American Congress of Taberculbsts was a most
praiseworthy act There is no subject in thedomainof medicine that
deserves more careful consideration from both the profession and the
public than does this great question of tuberculosis, and I trust that this
effort and discussion may be continued until some definite and practical
results are reached.
Of late I have been interested in tuberculosis from the standpoint of a
railway surgeon, believing that the tubercle bacillus, when introduced
into ]^roper soil and under favorable conditions, was the cause of tuber-
culosis. Under this conviction I have written editorially, advising care,
isolation or compartments in sleeping-coaches for consumptives, thor-
ough disinfection, etc
For Dr. Dennison*s views on any subject I have always had the hii^hest
regard and am willing to admit, with him, that we may not yet know
the real cause of tuberculosis. Dr. Dennison's ** Preliminary Remarks*'
-and his paper on ** Change of Climate " are both yexy instructive in^ieed,
and should go a long way toward starting this work on the right track.
I heartily endorse the substance of both papers.
In our fight against disease one fkct to be borne in mind is the import-
ance of keeping the resisting powers of the patient, or of nature, at the
highest possible point Here in the city, where we are constantly breath-
ing a germ-laden atmosphere, I have notic^ that when a person's vitality
becomes reduced fit>m any cause, say from a severe or neglected cold, an
attack of grip^ or pneumonia, overwork or depression from any cause, it
frequently happens that tuberculosis follows. It would seem that iu our
tenement houses, where several are packed in one or two small sleeping
rooms, re-breathing the same impure air for several hours, that they
would become easy victims for tuberculosis— and such is frequently the
case. It also frequently happens that members of well-to-do £ftmilies,
living in the be^ appointed houses in the city, spending much of their
time in the open air during a part of the year, fall victims to oonsamp-
tion. Again, we frequently reaa in our medical loumals of a ''consump-
tive house," where a physician has had from three to five cases of con-
sumption in the same house, but in different families, in perhapa as many
years. Ever since the germ theory of consumption was advanced, the
sleeping-coach has been regarded as a dangerous point and as aifordiog
an easy means of spreading disease.
I trust that this question regarding the cause of tuberculosis may soon
be settled. If necessary, a commission should be appointed by the Presi-
dent of the United States and placed in charge of a well-equipped labora-
tory, for the purpose of investigation and research alonp: this line. For
my own part I do not hesitate to say that I am afraid of the tnbercle
bacillus. I am inclined to give it the credit of playing a more important
part in the cause of tuberculosis and in the destruction of human life than
Dr, Dennison is inclined to do.
In regard to Dr. Keyes' plan of " Camp and Out Door Life," it is con-
sidered the most valuable feature in the treatment of tuberculous, and
excellent results should follow such practice. I have a patient now who
is living in a tent in Colorado, and he has already been greatly benefited
by this mode of outdoor life.
Last summer Dr. Frank H. Caldwell, then Chief Surgeon of the Plant
System, established a camp hospital at Clearwater, Florida, on a high
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TRANSACTIONS. 679
b^nff overlooking the Gulf of Mexico, in a beautifnl grove of cedar, oak
and pine. This camp hospital is intended for the care and treatment of
chronic and convalescent cases that may be sent there from the other
hospitals of the rail way company. While this camp hospital is not limited
to tnbercnlons cases it demonstrates the value of camp life in the treat-
ment of other forms of disease.
If these camps conld be located at &vorable points in different parts of
the country, with a view to season changes and other featives, we might
reasonably expect a falling off in the mortality of tuberculous.
But until Dr. Dennison, or some one else, is able to satisfy us that con-
sumption does not depend upon a geim for its cause, there should be
national legislation with rules and regulations to guide and govern these
tuberculous people in their movements about the country.
I can endorse the points made in Dr. Keyes* paper in every respect,
with but one exception, and that is his system of "over-feeding." I do
not think it is wise to over-feed any one, either sick or well.
The Acting Secretary contributed the following annoancement from
the notices of the meeting as a part of the transactions of this evening :
The interest aroused in the subject of tuberculosis, at the recent joint
session of the American Congress of Tuberculosis with this Society, ex-
ceeds the anticipations of the most sanguine in our body. A permanent
(nganization was effected, and the papers that were read are, many of
them, of a high order.
Quite a number of the papers announced by the authority of the authors
were not, however, in readiness at the session, and it was learned that
more time was needed to complete some of the promised papers.
The Medico-Legal Society decided to devote the March session to
a further consideration of this subject
The papers read this evening, and some others, have bee^ received
since the session of the Congress, and will be printed and copies forwarded
to members and others, who are expected to discuss the same
The officers of the American Congress of Tuberculosis, and its mem-
bers, are invited to take part in the discussion, and to contribute papers
upon the themes specified in the prosramme, or other phases of the
Snestion, with the view of embracing the same in Part I of the Bnlle-
n of the American Congress of Tuberculosis, now in process of publi-
cation, on the same basis as named in the programme.
Titles of papers are solicited from those to whom this invitation is sent,
with completed papers, if possible, so as to make the discussion thereof
continued, of interest and value to tiie professions, and add to the value
of the Bulletin of the Congress, of which it will form a part.
The enrolling as members of the American Congress of Tuberculosis
continues, and new accessions come from all parts of the nation. The
enrolling fee, $3, entitles the member to the published transactions and
to a copT of the BuUetin free, if the same is printed and sufficient funds
obtainea for its publication.
The members of the Medico-Legal Society are invited to take part in
the discussion, and to enroll in the American Congress of Tuberculosis,
if they take an interest in the work.
The following resolution was, after general discussion, unanimously
adopted:
Resolved^ That the members of the Medico-Lend Socielr be requested
to invite the medical members of the Society, ana the medical and legal
professions, both in and out of the Society, to contribute papers on the
subject under discussion in the American Congress of Tuberculosis, or to
the discussion of those already submitted, and that the same be con-
tributed to the labors of the Congress, and published in the second part
of the Bulletin of the Congress ; that such contributions be requested to
be completed as early as possible, and before the fall meetine of the So-
ciety. The titles to contributions to be announced before July i, 1900, if
posnble.
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580 TRANSACTIONS.
It was, on motioay ntimimonily
Resolved^ That the Presidetit he authorized to appoiat delegates to reo-
resent this Society to the Tarioos sections of the International CongreH
of iQoo, at Paris, France, and to all home and foreign societies and ocgaa-
izatlons, for the current jear, on oonsnltation with membets of the So-
ciety who contemplate going abroad the coming i
The Chair announced the death of Dr. B. R. Wood, of Scotland Neck,
N. C, late Medical Superintendent of the State Hospital for the Insane
at Raleigh, N. C, and paid a tribute to his useful life and to his sterlin;
qualities as a man, and his public serrices as a physician.
The Chair announced the deatii, at Clereland, Ohio, of Professor
Blwell, author of Blwell's Medical Jurisprudence, and passed enconinini
on his career as a medico-legal jurist, and called attention to his gallant
conduct as a soldier and general in the War of the Rebellion.
Mr. Bell also snnounced the death of Dr. Chas. H. Ingraham, of Bing-
hampton, N. Y., who had died recently of consumption, and paid a
tribute to his life and career, cut short by this dread disease.
The Society adjourned.
CLARK BELL, President.
A. LAURA JOSCELYN,
Acting Assistant Secretary.
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EDITORIAL.
SUPREME COURT OF THE STATES AND PROVINCES
OF NORTH AMERICA.
Addbnda.
It is now eight years since series No. i, of Volnme I., was
pnblished as a serial number, embracing the states of Texas and
Kansas, The first series was pnblished in March, 1892.
In the &11 of the same year November, 1892, series No. 2,
of the same volume, was pnblished, embracing the states of
New Jersey and Oregon.
'' The Historical Sketch of the Supreme Court of Texas/'
contributed by Hon. A. S. Walker, then a late justice of the
Supreme Court of that state, and sketches were embraced
therein from Ex-Judge A. W. Terrell, of Austin, Texas ; Ex-
Judge A. T. Watts, of Dallas ; Ex-Judge Samuel A. Wilson,
and others from that state.
Hon. Charles S. Morse, derk of the Supreme Court, of that
state, gave most valuable aid and he famished the original
engraving from which the group of the earlier judges of the
state vras reproduced.
Hon. Albert H. Horton, then chief justice of the Supreme
Court of Kansas, contributed the historical sketch of the
Supreme Court of that state, and sketches were also contributed
to that series by Ex-Chief Justice General Thomas Ewing, Jr.,
then of the New York bar, and by Associate Justices Daniel
M. Valentine, and William A. Johnston.
SERI9S 2, OP Voi«UMB I.
Praneis Bagley Lee, Esq., of the Trenton bar, who was
selected for that purpose by the late Chief Justice Mercer Bras-
ley, wrote the historical sketch of that court for the state of
New Jersey.
Digitized by VjOOQIC
582 BDITO&IA'L.
Hon. S. Meredith Dickdnaon, Esq., contribtited to this teries
an ''Historical Sketch of the Court of Chancery of New
Jersey," and sketches of the bench of New Jersey wea^e made
by the then chief justice and by several members of the
Supreme Bench of that state and by members of the Court of
Chancery.
" The Historical Sketch of the Snpreme Conrt of Oregon,"
was contributed by Judge C. H. Carey, of Portland, who was
designated by the chief justice of the Supreme Court for that
purpose and sketches were contributed by Judge W. W. Upton;
Judge L. L. McArthur, of PortJand ; Chief Justice W. P. Lord,
of Salem ; by Judge R. S. Strahan ; by George H. Burnett,
then reporter of the Supreme Court ; L. P. Lane, £sq. ; by
D. R. N. Blackburn, £sq. ; by Ida Burnett Cadahan ; by
W, T. Hume, Esq., and by B. B. Beekman, Esq , of Portland,
Oregon.
Judges Bean, Matthew P. Deady, Prim, Bonham, Shattuck,
Wait, Boise, and W. H. Holmes, clerk of that court, furnished
valuable aid and assistance.
Sbribs 3, OP Yohxjun I.
This series was published in 1893, and embraced the states of
Alabama and Georgia and the Province of New Brunswick, in
the Dominion of Canada.
/' The Historical Sketch of the Supreme Court of Alabama,"
was prepared by Judge Henderson M. Somerville, an associate
justice of that court, and Associate Judges McClellan, Head,
Haralson, Coleman, and Walker, greatly aided the editor in
furnishing data for Alabama, as did Sterling Moore, Esq., then
the derk of that court; J. W. Sheppard, Esq., reporter;
Magrane Coxe, Esq., and E. Taliaferro, formerly of Alabama,
but then of the New York bar, and Hon. J. M. Martin, of
Birmingham.
In Georgia, the then Chief Jtistice Logan E. Bleckly desig-
nated Charles Edgeworth Jones, Esq., of the bar of Augusta,
who prepared the historical sketch. Ex-Govemor Brown, of
Georgia, and formerly of that bench, rendered very valuable
aid, as did the members of the Snpreme Court at that time.
Digitized by VjOOQIC
EDITORIAL. 683
For the province of New Bruoswlck, the historical sketch of
the conrt was written by the venerable associate justice of that
bench, Hon. A. I. Palmer, who was for many years on that
bench as the equity judge of that court, serving from 1879, who
also aided in the sketches, as did Sir John C Allen, then chief
justice of that court ; J. W. Lawrence ; Mr. Alfred Markham,
of St. John, N B. ; Associate Justices Hon. George K. King,
Hon. John G. Fraser, Hon. Wm. Henry Tuck, and Hon.
Daniel L. Harrington;
T. Carleton Allen, Bsq., derk of that court, also frunished
valuable assistance, as did Hon. Andrew G. Blair, then attor-
ney-general of that province and now minister of railways for
the Dominion of Canada.
SlIRIBS 4, OF Voi«UMS I.
This work, embraced the states of Pennsylvania and
Delaware, and was published in 1895. The historical
sketch was from the pen of Ex-Judge F. Carroll Brewster, of
Philadelphia, who was designated for that purpose by the then
chief justice of that bench, Hon. B. W. Pazson, who preceded
Chief Justice Hon. J[ames P. Sterrett
Judge F. Carroll Brewster also contributed some additional
chapters to the volume connected with the early colonial history
and many of the sketches of the judges are from his graceful
pen.
Judge James T. Mitchell, of the Supreme Bench, wrote the
sketches of Ex-Chief Justices Thomas McKean, Edward Ship-
pen, and George Sharswood. He also gave the editor the
benefit for reproduction of his large collection of the portraits of
the Pennsylvania judiciary, as did the Hon. Hampton 1,. Car-
son. The work as to Pennsylvania already contains the largest
collection of portraits of the bench of the Supreme Court of that
state ever published.
The pOTtraits of twenty of the ex-chief justices of that bench
were reproduced and published in this series, as were seventeen
portraits of the associate justices of that state.
" The Historical Sketch of the Supreme Court of Delaware,"
Digitized by VjOOQIC
584 EDITORIAL.
is by Jtidge IgnatiuB C. Grnbb, one of tbe associate justices of
the Supreme Court of the state, who also wrote most of the
sketches of tbe bench of tbe state and obtained the larger part
of the portraits for reproduction.
SitRIBS 5, OP VOLUMB I.
Is devoted ezdusiveiy to the state of Connecticut. It was
published in 1S89. The historical sketch was contributed
by Hon. Simeon K. Baldwin, of the Supreme Bench of
the state. Historical sketches also appear by the present
Chief Justice Clark B. Andrews ; by Kx-Judge Blisha Car-
penter ; by the late David Dudley Field, and by various
others. The sketches are from a great variety of sources and
aid has been rendered by the members of the present bench, by
Bx-Judge Dwight I^oomis ; Judge A. M. Talmadge ; Judges
Wheeler and Prentice, of the Superior Court ; Rev. S. O. Sey-
mour, of I4tchfield ; John C. Averill, Esq. ; Hon. John A.
Porter ; Mrs. Wood, the daughter of Judge Beadsley ; Caro-
line J. Taylor ; Henry Balden ; Roger Poster, of the New
York bar, and many members of the bar and the fiunilies of
deceased, former members of the Supreme Court.
The remaining series relate to and embrace the states of
Rhode Island, Minnesota, the new Supreme Court at Santiago
de Cuba, organized since the recent war with Spain, and the
state of Ohio, in which the historical sketch is written by Judge
Conway W. Noble, of the Cleveland bar, and aid rendered by a
very large number of judges, ex-judges, and members of the
bar of the state, among whom I name £. B. Elinkead, Esq., of
Columbus ; Gen. Wager Swayne, of New York ; Col. W. A.
Taylor, of Columbus ; the Ohio Society of New York, Mr.
Littleton, its custodian; George Brinkerhoff, of Mansfield;
Judge Franklin J. Dickman ; Hon. S. A. Harris ; B. B. Con-
vers, Esq., of the bar of New York ; Judge Cox, of Glendak,
Ohio ; Josiah Morrow, Esq., of Lebanon, and many others.
Much time has elapsed since the first publication in 18921
but the delay in the completion of sufficient states to constitute
a volume has seemed to be almost inexcusable.
Digitized by VjOOQIC
EDITORIAL. 585
The work of preparation went on In a large number of states
at the same time.
The preparation of the historical sketch, although important,
was not at all the most difficult service to complete.
It was fonnd to entail extraordinary delay to obtain sketches
of the early and dead judges and portraits of them. Applica-
tions have to be made to the £aanilies of the deceased judges,
their relatives, and a state may be nearly completed and still
delays come unavoidably in securing both portraits and sketches
of the remainder.
The work is going on in a large number of states at the same
time, and the states earliest completed will be utiliied first.
It has also been found necessary to add an addenda at the end
of Volume L, in order that the' sketches and portraits may
Include the judicial changes that have occurred in the states
embraced in the earlier series and that each of the states may
be written up to date (1900), so as to embrace the new judges
in each state, and also include any new portraits and sketches
which were not available when the several series were pub-
lished.
The Editor appeals to the bench and bar of the states to aid
him in supplying portraits of ex-judges and, so &r as possible,
sketches of the judges. The greatest care will be taken of all
portraits loaned.
The aim and purpose of the work has been, and will continue
to be, to reproduce all the available judges of the Supreme
Court of the various states. Thankful for past courtesies from
both bench and bar, in those states that have been published,
as well as those unpublished in which the work is going on, I
shall present Volume I, of the work, completed during the
present year, with each state, so &r as possible, written up to
date (1900), so as to make the work the most valuable and
reliable from a historical point of view of any publication
extant of this kind.
Mardt, 1900. Clark Bbll.
Digitized by VjOOQIC
586 BDITORIAI^
MII,K INSPECTION IN NEW YORK CITY.
Dr. Herman Betz, Ph. G., commtmicates to the Medical
News a detailed statement of the system of milk inspection by
the health department in the dty of New York. It is an inter-
esting jpaper and demonstrates that the precautions taken in the
city of New York, regarding the milk supply, are of the best
kind and that it is the best extant.
The subject was brought before the New York County
Medical Society, Dr. George B. Poster, president, in the chair,
at the January session, 1900.
Dr. Henry Dwight Chapin made an interesting presentation
of the facts connected with the New York City milk supply,
which amounts to a million and a quarter quarts per day.
TUBERCULOSIS IN ITS MEDICO-LEGAL RELATIONS.
The great public interest In the ravages of this disease and
the great impetus given to its study, and as to what legislation
will be of greatest value in dealing with the problems surround-
ing the discussion of the involved questions, will explain why
the Medico-Legal Society devote so much time and study to
this subject.
The proceedings of the recent American Congress of Tuber-
culosis held in New York City, February 21st and 23nd, 1900,
with the papers presented, seem only to open the discussion
of the questions involved to both professions and illustrate the
hold this subject has on the lay mind as well as the medical.
The congress presents as an opening some fifteen or twenty
papers and call upon the students of the disease to continue the
discussion of the preliminary papers, to be included in the
second part of the Bulletin of the Congress.
Th^ Bulletin of the Congress will be published in two parts.
Par^ one, to be shortly published, will contain besides the
transactions, at least fifteen careftilly selected papers of those
already contributed, and part second, to be published later.
Digitized by VjOOQIC
EDITORIAL. 587
will contain the remaining contributions, to which the con-
gress has, by resolution, called on the profession at large, to
contribute original papers and contributions at any time prior
to October 17, 1900.
The enrolling fee of the congress is $3.00, which entitles the
member to all the published proceedings free, and part i, of
volume I., will shortly appear at a cost of $2.00 per copy.
The title of papers contributed, or announced, that will not
appear in the first part, will be stated in this number, so fer as
known. The board of officers of the American Congress of
Tuberculosis and the personnel of its standing committees, the
arge number of contributors, which will be hereafter made.
The officers of the congress and its standing committees
will appear in another column.
THE NEURON THEORY FROM A PSYCHICAI. POINT.
Dr. Wm. A. White, assistant physician at the State Hospital
for the Insane, at Blnghampton, read a very strong and inter-
esting paper before the last session of the American Medico-
Psychological Association, which is of great interest to students
of neurology and psychiatry.
The neuron theory, as defined by Dr. White, is the mobility
of the neuron (the nerve cells and its processes) . The neuron
is asserted " to be an anatomical unity, standing alone and by
itself, without structural connection with its fellows."
Dr. White's paper is addressed to the inquiry of
1. Whether the neuron was really possessed of the power of
motion, and
2. Under what conditions and in what manner this motion
was manifested.
The experiments on which Dr. White bases his opinions and
which he dted at length and with great research, are made by
comparing the ceUs in an animal that has been killed after
great fetigue or exposure to powerful toxic substances, with
those of the normal animal, and noting the retraction. It is to
Digitized by VjOOQIC
588 EDITOIUAL.
this most delicate work that we must look for light upon this
most Interesting and extremely difficult histological problem.
The experiments are of great interest in cases of hypnosis, or
where amnesia exists, connected with intoxication.
Dr. White claims that while the histologists have fidkd to
establish this theory, yet that the facts of psyoopathology
strongly corroborate it* and that it has led to important dis-
coveries.
While showing the importance of hypothesis, as, for example^
the atomic theory of Dalton, which few controvert and which
cannot be said to have been demonstrated, he strongly defends
the value of hypothesis and its greiit gain to science, by inspir-
ing the student to research as to its truth.
SKIM MILK.
It appears that the regulations in force prevent the sale of
skim milk in New York. This b a most unwise and improvi-
dent, as well as an unsanitary, condition of things and needs
remedial legislation to correct the present abuse of preventing
its sale.
As a matter of feet no animal food compares, pound for
pound, with skim milk as a food product.
A cheap, wholesome, reliable and healthful food, readily
accessible, is absolutely denied to the poor people of the city of
New York-
There are no serious obstacles in the way of regulating the
importation and sale of skim milk in New York City.
The feult at present seems to lie with the public authorities,
and legal enactments should correct the existing want of suit-
able regulations for the reception and sale of skimmed milk.
INSANITY AND HOMICIDE.
Dr. H. B. Allison, medical superintendent of Mattewan State
Hospital for the Insane, presented a paper to the American
Medicp-Psychdogical Association at the session of 1S98, upon
Digitized by VjOOQIC
EDITORIAL. 681)
''Insanity and Homicide/' which merits attention from all
interested in socialistic studies and in Mnology and criminology.
Dr. Allison shows that ont of 179 insane persons who have
committed homicide, over 53 per cent, were received from
prisons, where they had been convicted and sentenced for life.
He estimates that 40 per cent, of these were clearly insane
when the crime was committed. In many of these cases the
fact of their insanity was not recognized at the trial and in some
the defense was interposed but failed*
He says that 24 per cent, of all the *' life men " in the state
of New York are in the Mattewan State Hospital. That a large
number found to be incurably insane have been pardoned and
transferred to other state institutions.
Dr. Allison claims correctly that these £Eicts indicate and
show thai insanity itself, is a direct and prolific cause of homi-
cide. This state of things unfortunately, owing to the strong
prejudice against the defense of insanity, fills the prisons with
insane persons.
A prison is not a suitable place for an insane person. Dr.
Allison well says "The insane should be thoroughly sifted
from the prison." A prison should be a place for both the
punishment and, so far as possible, the reform of criminals,
but it is not a proper receptacle for lunatics.
Dr. Allison charges the cotirts with neglect in not exercising
greater care in determining the question of mental disease.
He recognizes and concedes that the present defective system
of expert testimony is responsible for this state of affidrs. The
hypothetical question and the advocacy oi the expert, he oon-
denms. This lamentable condition seems to justify some who
claim that the accused should be sentenced for life in all cases,
because society is thus protected whether the individual be
sane or insane, particularly the dangerous paranoic.
Dr* Allison claims that an equal safeguard would be a£EbrdAd
by committing them to a special hospital for the Insane, as they
are usually incurable, and would undoubtedly remain for years
if not till death.
Digitized by VjOOQIC
690 EDITORIAL.
Dr. AUiflon says that theie are 398 homicidal inmates at the
Mattewan State Hos^tal who had been charged with homidde,
or assault in the first d^^ree with attempt to kilL Of these,
225 were received from prisons, of which 97 were life cases, and
128 were under sentence for a term of years, and 173 were
committed by the ooorts to be detained nntil recovered.
Under this system an insane man committed as if he was
sane for a term of years, would be liaUe to be discharged at
the expiration of his term to the danger of the puUic.
He says, one convict now in his custody has committed four
aeparate homicides, and served four sentences in prison*
Now, what is the lesson to the state from this statement
of Dr. Allison? The laws of the state forbid in the most
•emphatic manner the conviction of the insane as crindnala.
Notwithstanding this, the insane are constantly convicted as
criminals and sent to the prisons where none of them should
for a moment, be and which are entirely unfitted for them. The
lK)pular prejudice against the defence of insanity is wrong, and
a menace to the public safety.
Bvery one of these 398 Inmates were insane and their convic-
tions were in violation of law and of their rights.
They are all stained with the stigma of a felon, attached to
their awful burden of insanity, and in violation (tf the law of the
land.
They are the wards of the state and entitled to its protection,
instead of receiving the brand of a felon, on brows innocent of
crime.
This should arrest the attention of the state legislators, who
should consider it. Governor Roosevelt should consider what
is the duty of the executive in confronting such a sad spectacle.
When the Earl of Shaftesbury made his memorable pka to
the English Parliament for the amelioration of the condition of
the insane of England; he based it on their sad state, which
left them wholly without one single voice from among their
own number that could be raised in their defense.
It is unworthy of our civilization that we send the innocent
Digitized by VjOOQIC
EDITORIAL. 591
)
insane to priaoa, becatiae of our absurd prejudice against the
plea of insanity as a defense.
How can we repeat tbe superb mazini of the law -' Better
that ten guilty escape than that one innocent man should
suffer/' when nearly 400 innocent insane, not quite one-quarter
of those in the whole stote» have been unjustly and in violation
of law» sent to prison; instead of the inauguration of a system
under which they could have been at once transferred to the
hospital, and saved the stigma of a crime upon their memory ?
PRBMATU&B BURIAI^.
We give the following letter firom Dr. James W. Bartktt, of
Dover, N. H. :
axx CsmnuLZ, Avb., Dovsr, N. H., liaich xa, 1900. *
Clamk Bvx, Esq., 39 Bioadway, New York City.
BxntoR Ifsmco-LaGAJL JormxAi^
DearMr.BeU.^l9t»fhft Medioo-Legal Society is taking 19 the mat-
ter premature bnriala, for which I am very glad. The late Dr. HorKh
caused our city (Dorer) to pass an ordinance in 1883. requiring the
attendiag physician in a case of death to make a thorough ezamination
of the deceased pexion before a tyorial permit would be granted. The
city paid |i.oo for such examinations in all cases, rich or poor. Being in
the city conncU at that time I was able to help on the measnre.
Four yeaiB ago our city govermnent, at the request of the mayor,
repealed this ordinance with only one dissenting Tote, and thereby saved
the city some I300 per year. This sum was immediately expended in
needlessly frescoing the city hall, one of the conndl (not the one who
voted no)t contrary to law, doing the work.
Yonrs very tmly,
JAMBS W. BARTLETT.
P. S.— Nearly all the leading physicians protested to the city govern-
meht against doing away with that examination.
THE INTERNATIONAL LAW ASSOCIATION AND
ITS MEETING AT ROUEN, FRANCE.
The American Law Review, in its March and April number,
1900, makes a very strong remonstrance against holding the
session of the International Law Association as proposed at
Rouen, France.
It Is based wholly on the action of the French court martial
Digitized by VjOOQIC
592 EDITORIAL.
in the Dre3rftis case» the details of which it rehearaes, and op-
poses any meeting on French soil until what it calls ** this
infitmy is tedeemed," and very strong language of denuncia-
tion of the conduct of the trial is indulged in, for which the
French nation is held responsible.
We regret that any such comments have been made by our
esteemed contemporary. Neither the French nation nor the
French courts are responsible for that most extraordinary pro-
ceeding. It is quite absurd to dignify that trial by calliog it a
judicial proceeding. It was simply a military court martial.
Not a French judge sat in it, and only French officers of low
rank ; we think, no one above the rank of colonel. Not one
man who had any knowledge of law. We can conceive of a
military court martial under our own system that would, when
the officers of the army took sides, held by inferior officers,
making as strange rulings as did this French court martial.
The French courts had no more jurisdiction over it than ours
would in an analogous case, except in France the accused could
and did appeal to the Cour de Cassation, which in America he
could not have done no matter how outrageous were the rulings
and the findings.
There is no purer fountain of justice than the highest judicial
tribunal oi France. The Court of Cassation lof France has a
record equal to that of the Supreme Court of the United States.
It has never been tarnished, not a stain rests upon it.
It was due to the act (rf* this court that the impossible
(almost) was accomplished in securing a new trial for Dreyfus,
before a military court martial. In our country this oould not
have been secured through the Supreme Court of the United
States. The conduct of the French Government in securing
this new trial was most pndseworthy.
The criticism of our contemporary is both unjust and unfiur
to France and to the high court of Prance. What would tiie
editor of the American I^tw Review say of a leading Ftench
law journal who would denounce otir country and the Supreme
Court of the United States, because of the action of an Inferior
Digitized by VjOOQIC
BDITORIAI^ 593
military court martial and its outrageous vlolatioii of law,
which are entirely outside the jurisdiction of our American
courts. ^
Does any one doubt that the decision of this court martial in
the Dreyfus case would have been set aside by the Cour de
Cassation, had the a|>peal of Dreyfns ever come before it?
Dreyfus accepted his freedom by the clemency of the French
Government, and he withdrew bis appeal.
Justice in the dvil courts of Prance, and in the Cour de Cassa-
tioui is as secure as in any nation in Christendom, and the
French judges and lawyers would not differ from those of our
country, on the outrageous decisions of the court martial in the
Dreyftisi
PSYCHOLOGICAL PROBLEMS RELATING TO CRIMI-
NAL CONFESSIONS BY INNOCENT PERSONS.
Thomas Jay Hudson, of Washington, the eminent psycholo-
gist, has been invited to speak before the Medico-Legal Society.
He has accepted the invitation and has selected the above
theme.
It has been decided in his honor to call a joint session of the
sodety and of the Psychological Section, for the third Wednes-
day of May, 1900, and to have both meet at the Hotel St.
Andrews, at dinner, on that day at 7 p. m. The paper to be
read at 9 P- m*> <uid the discussion to follow it later. Distin-
guished psychologists will be invited to meet Mr. Hudson, as
well as penologists, and preparations will be made to give
Mr. Hudson an agreeable reception.
MEDICAL ETHICS.
Dr. Schenk, who was recently dismissed from the chair of
embrydogy at the University of Vienna, because he gave his
theories of sex determination to ^e public and lay press, an-
nounces that he will probably come to America.
The energy and enthusiam of the public lay press in America
Digitized by VjOOQIC
594 EDITORIAI^
is something marvdons and not understood by medical men.
The reporters who extract from physicians the cream of their
work and the best part of their papers, relating to the new dis-
coveries in science and ventilate them in the lay press,
frequently do medical men irreparable injury. Dr. Schenk
may have been the victim of an enterprising reporter who ran
him do?ni, obtained his views, and then wrote him up. Let us
hope so.
Asstuning that Dr. Schenk had made important discoveries
in science in this regard, and that his motive in giving them to
the profession and the world was not for personal gain on his
part, would medical ethics allow an inquiry to be instituted as
to whether his action was for the good of the race and praise-
worthy, or must a medical man, who has made a discovery,
withhold it from mankind.
We do not know the fiicts in the case of Dr. Schenk giving
his discoveries free to the race, but it is just possible that his
action may have been condemned from a narrow view, as to
what rights the medical discoverer really had to his invenlkm
and discovery.
NOTICES TO MBMBBRS OF THE MBDICOI^BGAL
SOCIETY, ACTIVE, HONORARY, AND
CORRESPONDING.
X. Fart a, of the Bulletin of the American Congress of
Tuberculosis, will be kept open for additional articles to the
large number already contributed, until the meeting of October
17, 1900, and all who take an Interest in tuberculosis are in-
vited to send in :
a. The titles to their contributions as soon as convenient.
b. The completed papers before the eighteenth day of
October.
c. Copies of the preliminary papers will be furnished on ap-
plication to those desiring to contribute to the discussion.
2. The question submitted as a sympodum for the April
Digitized by VjOOQIC
BDITORIAI^ 695
meeting, and to whidi a large number of replies have been aent
for the April meeting.
'' What has been, in yonr opinion, the most notable advance
in that branch of forensic medicine with which yon are most
fiuniliar during the nineteenth century ? "
Short replies are desired rather than extended commonica-
tlons.
Or the question, "What have been the most important
fiu^tors in the progress and advancement of the science of
medical jurisprudence in the nineteenth century?" These
have been and will be sent to all the members and to a large
number of the corresponding membersand to man^^ of these too
late for are ply to be famished by the date of the April meet-
ing of the society. It is desfared that the time to make the
replies to these questions be extended until June 15, 1906, so
that they could be collected and published in the June number
of the Mkdico-I^sgai. Jottxkai..
If any officer or member of the society or of the sections Of
the society, including its corresponding members, will make a
reply to these queries prior to June 15th next, it will be gladly
received.
MvMBBXs lose sight of the library and the efforts made to
enlarge its influence. It is hoped this will not be overlooked
in the future, and that contributions of at least one volume in
each year be made.
\
Mbmbbss desiring to go abroad to attend the Paris Exposi-
tion or any of the Bunqiean societies or congresses, axe
requested to send thdr names to the president, who has been
authorized and empowered to name the delegates to the various
sections of the Paris International Medical Congress from this
body, as well as to all the foreign and home sodeties with
whom the Medico-Legal Society is in correspondence.
Members who have not completed their arrangements for the
passage of the Atlantic will find it to their interest to communi-
cate with the president in respect to Atlantic transportation.
Digitized by VjOOQIC
596 BDITOSIAL.
Thb president of the Medko-Legal Sodety win fed obliged
if members, wbo intend going abroad this summer, wHl notify
him and give their foreign addresses and dates so that he may
be able to communicate with them.
Thb selection of delegates to the various sections of die
International Medical Congress is under coufflderation, as well
as to the various societies and bodies with which the Medico-
Legal Society is in correspondence. It is the wish of the
officers that the Medico-Legal" Society be represented abroad
the coming summer, as far as possible, by members, and also
the home societies.
MBBfBBKS who have promised papers for the International
Medical Congress, who will be unable to furnish them in time,
will please advise the chairman or secretary of the Auditing
Committee at once. Those who intend to forward papers
should send them forward at once for transmission.
Thb question submitted to the members for the symposium
as to the '' Progress of Medical Jurisprudence in the Nineteenth
Century," has been sent to some who will not be able to rqily
in time to reach the body at the meeting of the society on the
eighteenth of April.
As the publication of these replies can not reach the readers
of the JouRNAi« until the June number appears, it is respect-
fully requested that those who have not responded will kindly
do so, so as to reach the editor of this Jouknai* not later than
the fifteenth day of June, 1900.
PERSONAL.
Thb Editor of this journal has been elected an honorary
member of the State Historical Society of Kansas, for which
his thanks are publicly tendered.
Thb United States Government, on the twenty-first of
March, 1900, appointed the Editor of this journal a del^fate to
Digitized by VjOOQIC
EDITORIAL. 597
the TUrteentb International Medical Congress of Paris, of
1900. TUa is a high honor, as it seems to one who Is not a
medical man, hot is doubtless due to the tact that Proftssor
Bronardd and Dr. Motet, who are at the head of the section of
Legal Medicine of that congress, requested his aid in organiz-
ing an auxiliary committee to aid the work of that section, at
the Paris Congress, of which the Editor was chairman.
Dr. Edward Chapin, of Brookl]^, has been appointed, by
the State Board of Regents, a member of the State Board of
Medical Examiners in place of Dr. A. B. Wright, of BufiGdo,
deceased.
JuDGit Hbnry V. PRBBM AN, it is announced in the Medical
News, will lecture on ** Medical Jurisprudence," in Rush
Medical College, Chicago.
Dr. Wiujs H. Havilakd, of Montana, was presented with
a valuable testimonial, by the Order of Elks, at the dose of
his service as head ol the organization, an account of which is
given in a leading Montana journal.
Sir WnjjAM Gardiner. — ^It is announced that this splendid
observer has resigned his chair of medicine in Glasgow Uni-
versity.
Lord Lbstbr succeeds the late Sir James Pagett, as ser-
geant-general to the Queen of England.
Dr. Nichoi«as Ssnn, surgeon-general of Illinois, of Chicago,
says thaV War is becoming more humane," which he attri-
butes largely to the Geneva Convention, and he dtes some
personal experiences from the Santiago campaign.
We think Dr. Senn's views will be supported by the ind-
4ents of the South African war, which, despite the sensational
accounts from both sides, seems to have been conducted on a
still higher plane. The undisputable evidence of the British
prisoners as to the kindness of the Boers is most gratifying
evidence in this regard. Oat of the large number of British
prisoners in the hands of the Boers, we hear only one unoon-
Digitized by VjOOQIC
598 BDITOSIAL.
tiadicttd report of Und action by the Boers to mtiahpriaotiers.
Pkank Woodbury and Seneca Bgbert, who have conaideied
the experiments and daims of Prof. Hnater that ** Alcohid is
a wholesome or osefiil food/' deny that he has produced any
evidence to that efiect, or against, the acoqited view that its
action on the body is always destmcttve and never consti active.
Digitized by VjOOQIC
BOOKS, PAMPHLETS AND JOURNALS
RECEIVED.
Thomas B. Sattbrthwaitb. M. D. Reoent Methods in Caxdiac
Thempentict in Batht and BzercLwa. 1900.
Prof. P. J. Hbrgott, Nancr. ]> Practique dea Aoocmchcmenti, Ob-
stetriqne JonmaHenz, pa Hanii Vaniier. 1900.
Chart^ks DKNiaoN, A. M., M. IX. Denver. The dimate of Oolorado
for ReepiratOTf DJaeaaca. 1898. The Pieforable Clhnate for Conaomp-
tion. 1897.
Gso. B. MuxBR, M. D., Philadelphia. The Use of Thermol in Ty-
phoid Pever. 1899.
M. J. Whitk, M. D. Biennial Report of the Milwaukee Hospital ibr
Insane for 1897 and 1898. 1899.
Prof. R. HarvkyRbvd, M. D., Soigeon General of Wyoming. Minor
Ttmnmatisms. 1899. >
Wm. Francis Driwrt, M. D. Feigned Insanity. Report of three
B. D. BvAMS, M. D. Twenty-fourth Annual Report of the New York
State HoipitaL 1899.
Chas. D. Aaron, M. D., Detroit, Mich. Stricture of the Esophagus,
and Blectrolysia by a new Bsopha^^ Electrode. 1899.
ismoRB Dtbr, M. D., New Orleana. Prostitution and Venereal Dis-
eases in their Relatkm to the Public. 1899. '^^^ Municipal Oontrol of
Piostitatkm in the United Statea. 1899.
Criminai, Appsai, Court ; Legialati?e I#eague Msnifrsto and AppeaL
Digitized by VjOOQIC
MAGAZINES.
Thb Homb Jott&kai,. This splendid xemiakcenoe of the tritirtfrnth
•centnrj, which hat, for more thiJi the last half; gone into thonaanda of
American homea ; dean, graoefol, and full of the moat elegant, cnltnied,
and refined reading, haa come into a renaiwance in theae Baater daji,
Mnd oomca to na in a new garb and dieaa.
We mnat wait a bit and aee whether we are to siTe oar hearta to the
new love before we bid adien to the old. I took the Home Toomal when
a boy, more than forty years ago, and have never been ontaide ita charm-
ing, genial, cnltnred innnenoea.
To me it haa an the memoriea of < Morria and N. P. Willie, and that
coterie of literary talent that Morria Phillipa haa known how to tie to ita
fortnnea with hooka of ateeL We ahall wait thia new departore with
interest— what next Morria Phillipa? We ahall expect fllqstrationt
ahortly. «
Thb Ravbn, St Louis. Ralcy Hnsted Bell has taken charge of tiiis
^ croaker of the west, and a change haa come over the spirit of fis dream.
' Those who call the raven a bird of ill omen, better recast their horo-
scopes.
Ralcy Hasted Bell haa won hia apnra aa a poet of no mean merit not
only, bat he has made the Raven a singer of joy and deli|^t, and POe's
" Raven " is tmder the magic of the sweetest singer of the sonth, to be
changed into a bird whose song is foil of the intensest symphonies of the
divine passion. Bat the Raven haa higher aims than the eztadca of love
or the mamphs of song.
His last number sets a pace that will be hard to keep in the race of a
Joamal'a life. In artistic derini, in the tone and quality of Ita aima, tiie
Raven haa high ideala. It looka like the easle on the son, with glance
undimmed. It soars into the Alpa of higher joamalism.
What is the real aim and plan of thSi literary magician, who, having
acaled the Alpa of poesy and aong, now aeems to aspire to a higher and
nobler field in letters, ^and in the advanced plane of a higher meratnre.
Thb MbdicaIt Rbco&d, N. Y., George P. Shrady, M. D., editor.
There haa been an enormoaa forward movement latterly in thia jownal.
It now compares favorably with that ablest of the Bngltoh medical jov-
nala, the Lcmdon Lancet Contraated with its work of a fow years suioe.
it haa made gigantic Itrides forward. It haa improved one handled fold
in the last dedide.
Dr. Shrady has enlar|;ed his ideaa of the miasion and work of a medical
JonrnaL He has stamed more closely the London Lancrt and its
methods, and has placed the Medical Record at the head of the weeUy
medical joamala of^ the Uidted States. ConbMt, for example, tiie Apcu
7, 1900, number of thia journal, with that of the same date five and ten
years aeo, and the qilenaid advance will be more apparent
Dr. Shrady haa undoubtedly secured valuable aids on his medical staff,
. who are nameless after the plan of the Lancet, which is his model, as it
seems to us, and he haa placed hia journal in the finont rank of American
medical monthliea, rivahng the Boaton Medical and Surgical Journal and
the very able jounial of the American Medical Association of Oifcsgo.
Thb Indian Rbvibw, G. A. Natesan & Co., publishers, Bsfdanade,
Madras, India. The first two numbers of this new journal are before us,
and the new aspirant starts well in its career for public recognition and
favor. Ita literary artidea are of a high order. It haa a colunm on lesal
topica, one on medical, and one on acientific notea. It haa a peculiar
Digitized by VjOOQIC
MAGAZINES. 601
interest in giring readable thonehta on current themes in India, derote*
mnch space to the new Indian Uniyersity, as proposed ; the war in the
Ttansvaal, and other sabjects of interest, x
A. Kees contributes an article to the February number, 1900, on ** The
Criminal Responsibility of the Insane," in which he treats it fixmi the
English standpoint. He says of recent BngliA rulings and decisions,
that '* Mr. Justice Blackbume recently related to a select committee his
experience of a certain trial before mm, and said ' the prisoner dearly
knew right from wrong, and knew the character of her act and was quite
aware of what she had done, but I felt it impossible to say that she should
be punished. I told the jnr^ there were exceptional cases.' "
Otherjustices hare acted in a more or less similar manner, and Mr.
Justice Hawkins declared in the course of a trial before him, tiiat the law
with respect to the responsibility of criminal lunatics was "in a very
unsatisfactory state," while Lord Bramwell declared before a committee,
that " the present law lays down such a definition of madness that
nobody is hardly ever mad enough to be within it."
Thb Colorado Mbdicai« Journai,, Denver, Col., W. N. Btggs, A.B.,
M. D., editor and publisher. The March number, 1900, of this journal
contains the preliminary paper on the '* Discussion of Tuberculous," by
Dr. C. Denison, of Denver, submitted by him to the American Congress
of Tuberculosis, held in New York, February S2, 189a
It devotes considerable space to the subject of tuberculosis and
notices the American Congress of Tuberculosis, held in New York, with
some foults of proof reading in the names of the officers. We shall send
complete proceedings and copies of papers read before that congress to
this enterprising journal.
Thb LBGai, Gazbxtb. Geo. B. Snyder, Bsq., Editor, Huntington,
Tenn. No. i of VoL i of this new Law Journal is on our table. Itslead-
ing articles axe by Charles Fisk Beach, Jr. , on " The Profession of Law in
England," and Geo. T. McCall, of the Bar of Tennessee, on "Admission
to ue Bar of Tennessee. ' ' We wish the new journal success.
Tmt AsTROix>GiCAi, Magazinb. B. Suiranarain. B. A., M. R. A. S.,
Madras, India. The opening number of Vol. 4 of this Journal for 1900 is
on our table. It casts the horoscope of Queen Victoria and claims that
the leading events and incidents of her reifu were foretold by the stars —
some of them nine years in advance — notablv her marriage ; also that of
the China Treaty, and the war in Sdnde : aiso that the war in Russiaand
the India mutiny were predicted in advance in Zadskiel's almanac for
1854 and 1857. This number contains many items of interest and we
shall be glad to exchange.
BuiABTiN OF THB Bbi^ian SodBTY OP Mbntal Mbdicinb, Ghent
and Leipdff. No. 05, December, 1899, is before us. Dr. Paul de Decker,
Medical D&ector of** Kiekhuis" de St Nicolas, was elected a memberof
the Belgian Society of Mental Medicine. Dr. Deperon» Medical Super-
intendent of the Colony at Liemeux, was elected a Vice-President of that
Society at the October Session, held at the Univenity of Brussels, under
thepresidency of Dr. De Boeck.
This nnmber contains an article by Dr. Paul Siemeuz and M. Le Fltf -
naxier, on Geneiml Paresis and Sypmlis. Also a paper by Dr. Havet, of
the cokmj at Ghed, entitled " Prolongements acs Cellules, Nervensea
des Inverlefares et des Vertebres."
Dr. Ley, of Antwerp, oontribntesa paper entitled **Traitement des Bn-
fimts Idiots and Amemin Belgique."
The address pronounced bv M. H. Willeanears. Procnrenr General,
at the opening session of the Orart of Anpeals of Belginm, entitled **Laloi
Snr le S^ime des Alienees," which (s a most able presentation of the
Law, in Bdgium, relating to the insane and the courts, we regiet the
want of ^Moe to jwoduce entire, as it is a most important contribution ta
the Utentnre otthe Medical Jurispradence of Insanity.
Digitized by VjOOQIC
Digitized by VjOOQIC
INDEX-MEDIGO-LEGAL JOURNAL. 1899-1900.
VOLUME XVII.
t
Amerioaa MIorosooptcal Society^. 135
ZmertoaA InaUtnta of Phrenoloiry* 136
Arnold, Hon. Peleg (Buplt) 4
Ahm, Hon. & A (Suplt) 1, 17
AMoolallon of Railway Surgery
(N. T. State 219. 348
Amertoan Consress of Tuber-
CUloeis 249» 864p 5C8
Ambroee, William ^ 187
Andrieaen, Dr. Lloyd 250
Active IJst Ifiedloo-Legal Society.
Aloook. Hon. Job, (Suplt) 10
AtkinBon, Hon. Theodore, (Suplt) 00
AtklnBon, Hon. William K. (Suplt) IIS
Allen, Hon. William H. H. (Suplt) 180
Address. Retiitofir, by Albert Bach. 418
Inaucnral, by Clark Bell 418
Of Vice President <3eo. L.
Porter, M. D 4Si
Of Vkse President T. D. Ooth-
era, M. D 48B
Of Secretary H. Oerald CThapin,
HiKl 488
Dnr. P. U, Wise. M. D 486
THoa. O. Froet BSQ 488
Of A. Laura Joscelyn 489
Of Ex-Presldent Judge A. H.
Dalley 440
Of Ez-PrscMdent Jacob F. Mil-
ler 448
Of Cor. SeCy Merits Eniin«r-
er, Bsq -. 444
Of Mary B. Lease t48
Henry Wollman, Esq 447
Address of Welcome, by Clark
Bell 475
Address of Welcome, H. Oerald
Chapin. Esq 479
ell. Clak. Esq......l. 74. 288. 240. 342
848. 858. 391. 392. 418. 454. 467. 476
AnOtoxim in Tuberculosis 668
(•U, Clark. Esq 1. 74. 223. 240. 342
Suck. Hon. Daniel (Suplt) 1. 80
Batchellor. Albert S.. Bsq 8
Blodgett Hon. Isaac N ....(Supt) 7. 88
Baldwin, Hon. S. B ^... 61
aroekway. Z. R %
BlaekweU, Rer. Antohiette B UL
Humu, Hon. James, Jr
(Suplt) 6, 154
Burgess. Hon. Tristam (Suj;>lt) 8^
Bradley, Hon. C. S (Suplt) ,18
Brsyton, Hon. Oeo. A. (Suplt) 1, li
Bosworth, Hon. Alfred ....(Suplt) 28
Burgess, Hon. W. S (Suplt) 84, 27
Bosworth, Hon. Benj. M. (Suplt) 84. 80
Bullock, Hon. J. R. (Suplt) 86
BralthwtaJte, R. W 188
Browne, Sir James C 138
Books, Journals and Pamphlets
Read 860, 407
Bach. Albert 812. 4U
Bleyer. J. Mount M. D 844. 485
Bessemer, H. B.. Bi. D 867
BuiT. C. P.. M. D 398
Blanchard. Hon. Joseph ..(Suplt.) 100
Bartlett Hon. Josiah........ (Suplt) 65
Bell. Hon. Samuel D. ..(Suplt) 74. 86
Bellows. Hon. Henry A. ..(Suplt) 76
Bell. Hon. Samuel (Suplt) U7
Bartlett Hon. William H (Suplt) 188
Bell. A. N.. M. D 481
Baker, Henry B. M. D..... 543
Brooks. M. J..M. D 5S5
(3<>>**n8' Loren W. I (Suplt) 88
Canty. Thomas I (Suplt) 26
Chcue. Hon. W. M (Suplt) 7, 41
Chrisholm, Wm. B., Bsq 86
CitizensMp of Florence May-
brick m
Cole, Hon. John, (Suplt) 8
Carpenter, Hon. Oeo. M. (Suplt) 24, 28
Cniatfleld, Hon. Andrew O. (Suplt) 81
Clark. Hon. Oreenleaf....(Sunplt) 81
Christian Science and the Luw
175. 181. 186, 198. 196
Chap4n. H. Oerald ....192, 861. 39t 488
Criminal Appearance, The 227, 871
Crfminal Lunaflcs in England .... 288
Clark University It7
Corporal Punishment and (Mme
61, 74. HI. 267
Crothers. T. D., M. D 284, 891, 486
Camls, Bmll, ISiaq 896. 867
Conn. O. P. M. D 8r
Chaflfee, Oeo.. M. D 846. 578
Digitized by VjOOQIC
604
INDKX.
Compensation of Phv^sioians Sff
CburcMll. LAdy Randolph 368
Comrdon, O. M 366
ClrcuSt Court of New Hampshire
(Suplt) 36
Coffin, Hon. Peter (Suplt.) 66
carpenter, Hon. Alonso P
CSuplt) 76. 82
Cushlng, Hon. Edward L. (Suplt.) 84
Clagett, Hon. Clifton (Suplt) U6
Colored Rays of Light 486
Cooper, Hon. Dav^d (Suplt.) 147
(Jhatfield, Hon. Andrew O, (Suplt.) 148
Climate and Topography 506, 5^ 649
Camp Life io Tuberculosis 614
CMminal Confeesions 593
Cause of Tuberculosis 524, 630
Case of:
Frank N. Sheldon .* « 38
Consumption, Its Communicability
and Restriction 5b?
Change of CKimate In Tubercu-
losis 549-662
Mrs. Maybrick 120, 128, 388
Alfred Dreyfus.... 184, 286, 242, 278
Rogers— Mackensie 188
People V. Rice 148
Color Blinda6« 34f
CTrlminal Ap^earajioe S71
Mrs. Osborne 371
Robinson v. (Thambers 866
Oun Shot Wound *.. 888
Murder, by Arsenic 468
John H. Metzerott, M. D 566
Solan, John F 86
ftes, Sam 1 D 90
Durfee, Hon. Job, (Suplt) 12 21
Durfee, Hon. Thomas, (Suplt.) 21
Degeneration of Nerve Tissue from
Ovepntudy 48
Dreyfus, Alfred 134, 236, 242. 279
Dreyfus and France 342
Davis. €k>v. Gk<n. Porto Rico 136
Dreyfus Case, The 279
Dying Declarations 281
Discussion of Papers on Railway
ICmployees 340
Discussion of PApvn on Premature
Burial 367
Durand, Mr. Paul 367
Denlson. C^iarlee. M. D 373, 498
Doe, Hon. Charies (Suplt.) 77
Dudley, Hon. John, (Suplt) 106
Dalley, Hon. A. H 440
Discussion of Tuberculosis 489
[,»pert "Witnesses 20
-Cttief Justices Supremie Court
of Rhode Island (Suplt) 1
Bllery, Hon. Wm (Suplt.) 8
Bz-Associate .Supreme Ck>urt Judges
of Rhode Island (Suplt) M
Eddy. Hon. Samuel (Suplt.) It
ElUnger, MorHs 175. 444
BJllis. Howard, 181.278.381
Ellis. Havelock 138. 22^
Ex-Chfief Justices from the Inde-
pendence of The Country (Suplt) ft
Edtorlal 121, 227. 361, 581
Evans, Hon. Richard (Suplt) ttS
Ellis, Hon. Caleb, .....(Suplt) 111
Ex-Chief Justices Supreme Judi-
cial Court of New Hampshire.
(Suplt) lit
Ex- Associate Justices CTtrcuit Court
of New Hampshire (Suplt) 117
Early Judtcial History of Rhode Is-
land 4i4
ESarly JucZicial History of New
Hampshire » -^7
Early Judicial HistO(ry of Ohio.... 4M
Ex ChKef Justfces Supreme Court
of the Territory of Minnesota
(Suplt) 18»
Ex-Chief Justices Supreme Court
of Minnesota (Suplt) 144
Emmet Hon. Lafayette ....(Suplt) 144
Kx-Assodate Justices Supreme
, Court of the Territory of Mln-
sota (Spit) 147
Ex-AssocSate Justices Supreme
Court of Minnesota (Suplt) 158
E>ar)y Congressional Judicial His-
tory (Suplt 164
Extermination of the Race by Tu-
berculosis SS4
pellows, J. W.. Esq 18
Fofwler, Dr. EMward «....
Flandmu, Hon. Chas. E..... (Suplt) 81
Penner, Hon. J^mes 164
France and Justice 235
Ftrst Medical €k>ngress at Parts
(Deontologle. etc) 217
Foster, Hon. WtlUam L ....(Suplt) 86
Frost Hon. John (Suplt) U
Farrar, Hon. llmothy ...... (Suplt) lOT
(^ rubb. Ignatius C 9i
(jiaither, Qea R.. Jr 188
Greene, Hon. Richard W. (Suplt) 164
Qun Shot Wounds of the Abdomen 220
(»Abert L. L.. Esq 838
OaiTlgues, H. G.. M. D 86i 868
Gun Shot Wounds. Self-IhfUcted... 838
Gerrlsh. Hon« John (Suplt) 88
GFllman. Hon. Nicholas ....(Suplt) 88
Gkunbling. Hon. Benjamin (Suplt) 8V
Gilman. Hon. Samu^ * v<toplt.) 88
Gilchrist Hon. James (Suplt) T8
Gilman. Hon. Nicholas (Suplt) 88
Digitized by VjOOQIC
INDBX.
60S
Oraea. Hon. Sunuel (Suplt.) 120
Goodrich, Hon. Aaron (Suplt.) 139
GRUUlao. Hon. James (Suplt) 14«
Group of Present Bench Supreme
C6urt of Minnesota 1
Present Bench Supreme Court
of New Hampshire 8
Present Bench Supreme Court
of Kansas, 413
mx-Ctdet Justices Supreme
Court of Rhode Island
(Suplt) t 7, IM
Ex-Associates Jusflcee Supreme
Court of Rhode Island (Suplt) 22
Bx-Assooiate Justices Supreme
Court of Mbinesota ....(Suplt) 31
Supreme Court of Ohio 267
Ex -Associate Judges Supreme
Court of New Hampshire.. 76, 86
H^nikford. Rev. Phoebe A 1
Hopkins. Hon. Stephen ....(Suplt.) 1
Halle. Hon. Levi (Suplt) 24
History of The Supreme Court of
GMo 155
HOLght, Judge ISS
Hlrschl, Andrew J ^..'. 281
Herrick. C. B., IL D 240
Hall, Hon. Kinsley (Suplt) 91
Hilton, Hon. Richard (Suplt.) 22
Hunklnir. Hon. Mark (Suplt) 98
Hubbard. Hon. Leverett.... (Suplt) 101
Hlnokee, Hon. John (Suplt) 65
Haske. Hon. BJIHs .(Suplt) «D
HarHs, Hon. Ellis (Suplt) 60
HIMMird, Hon. Ellcry A (SupH.) 129
Hayner, Hon. Hebry N (Suplt.) 142
J nyesUsaHon of Mr. Gerry's So-
ciety 122
intemaOonal Conflrress of Crlm-
toal Anthropology 186
fntematlona] Assodatton of Rail-
way BaTgeon9 146
TntematSonal Medical Ctongress at
PM4S. 1900 282, 287. 247
Incrsass of Insanity in England.... MS
Tnsadlty and Homldde SSR
Intem&tional Law Association bPl
Journals and Books.. 149, 267, 408. 599
JaSftiy, Hon. Oeorge (Suplt) 68
Joeoelyn. A. Laura 489
SmfWtttm, H. M 104
ghts of Tlie Red Cross 146
RsraK^, Count M. de K 296, 866
Kanlos^ C, Safety Apparatus 296
X2dd, Benjamin tn
KaasM. present Ben<di of 4i3
\^ ist of New Hampshire 8u»
preme Court Judges from 1692
to 1776 18
Lore, Hon. Clias. B ^ 79
Letchworth, Wnk P 99
Lyman, Hon. Danl^ IM
Lathrope, J. C ^.. 196
Liea^ned, Judge Wm. Lt 137
LKvebnore, Hon. Samuel.... (Suplt) 68
Uvermope, Hon. Arthur.... (Suplt) 70
Langdon, Hon. Woodbury
Livermore, Hon. Edward H. I*....
((Suplt) HO
Ladd, Hon. Wlinam 8 (Suplt) 182
Lease, Mary Elisabeth 448
Lawyer and the Doctor, The 448
List of Judges of the Supreme
Cowrt of OWlo 461
Lyle, B. F., M. D h»)
J^ Hchell, William I (Suplt)
McOiellan, Sophia
Moss, Prank. Esq
Meade, C. A., Esq ^
Medico-Legal Surgery ..145, 219, 800,
Maybrlck, Florence.... 120, 128, 229,
Maybrick, Florence 120, 128,
Me<fioal Practice Law in Braail....
Medical Btttlos
BCassachusetts Medico Legal So-
ciety •
Biisslssippi Valley Medical Asso-
ciatton ^
MacPherson, J
Monok. W. H. S 188. 267,
May an Unlioensed Pby^ldaa Tes-
tify as a Medical Expert
Morrison. Heinry, Esq
Maybrtck Petition, The
BCedlco-Legal Society of Belgium..
Millet Hon. Thos (Suplt)
BCartyn, Richard «... (Suplt)
Miller, Hon. Jacob F
Meeker, Tom Bradley B (Suplt)
McClellan, Sophia
Marine Hospital Service
Most Successful Methods of Treat,
ment 614, 619, 624, 499-680,
Metzerott John H
Meidco. climate of
Milk Inspection
Modem Treatment of Tuberculosis.
84
96
96
97
468
5?8
249
128
m
142
968
tn
289
96
68
442
14ft
4ft
606
S35
678
S12
U6
8«
N.<
Jlcholson, Hon. J. R 81
New York State Bar AssodaAoB ..186
Necrology 188. 2R, 298
Noible, Hon. C. W. 181
Norton, Cftrol Itt
Nicholson. D. N 260
Nuggets flrom BeliopeBtaaiier......... 290
North Oarollva Bar AsMMtetkm.... 2R
Digitized by VjOOQIC
606
IHDXX.
N«w HMinwlrtrs aujwme Court
JudgM from Ifln to 1776.... (Suplt) W
Newoome^ Hon. Daniel (Suplt) 108
NesBoeith. Hob Goorve W... (Suplt) m
New Hampshire— Bkurly Judicial
lUatonr of..... «, #T
Kel«>n, Hon. R. R. (SnpH.) 151
New Medico, Fort Stanton 606
Neuron Theory ' 5?7
Obituary Notice of Dr. Nor-
man Kerr ^
Dr. W. W. OodAnff
Sir John Nugent ^...
Dr. John H. Paul
Dr. Jabes Hocer •/••«
Dr. Samuel Id. W. ITIieod
Judflre David Ia TMlatt
Htdl Fuiton. BSmi
Dr. IXMHa A. Charpentler
Robert Ingeraoll
Dr. SdhiwnoB *
Dr. Jaa. B. Moneure
Dr. FMil Janet
Prof. Bugene Asam ^
Orange, Dr. W
Overpreesure on Education and
Degeneration of Nenre Ttorae....
Odiome, Hon. Jothan (SupK.)
Olcott Hon. Simeon (Bui^)
Ohio, Barly Judldal History of
Opening Addreee of Dr. A. N. Ben
Out Door Iilfe In Tuberculoele
Officers of American Congreee of
Tuberculosis
Original Articles by Clark B^.
Beq 1. 74, 464. 467.
Albert StlDman Batbhellor, Bsq
Henry Wollman, ISaq
Wm. B. Chlsholm
Sophia MoCl^nand ^..
Hon. a B. Baldwin
Rev. Phoebe A. Hanaford
Rer. Antoinette B. Blackwell..
Hon. C. W. Noble
Mtorlts ElRnger
Howard Ellis 18t
Carol Norton
H. Gerald Chapln
J. C. lAthrop
Hart Vance
W. H. S. Monck, BSq
Andrew J. HUrsohl
T. D. crofters, M. D
Bmlle Ctomls, Bsq
Joseph A. White, M. D
Albert Bach
R. C. RlOhardB. 13sq
O. P. Conn, M. D
Jj. li. Gilbert. Bsq
H. G. Oarrfgnea, IC. D
J. Kount Bleyer, M. D
188
140
140
140
140
261
S2
898
804
ISt
48
98
88
4S1
514
88
48
ft
106
lU
1B8
m
m
198
100
m
m
»
S98
808
8tt
818
Hon. Aaron Goodrich... (Suplt.) 181
Prof. Thoe. Basseit Keyes 6!4
Dr. Karl Von Ru<A 510, 540, 582
Fraadsque Crotte^ A. H..' Bl
F. T. Labadle. M. D 3M
B. F. Lyle. M. D »
IC J. Brooks, M. D SB
Henry B. Baker, M. D 649
Chas. Denlson, M. D 400453
John H. Metaerott, M. D 661
Peaalee^ Hon. R. J (Suplt) 7, 41
Paivons,, Hon. F. N (Suplt.) T. 41
Pike, Hon. R. G. (Suplt.) 7, 41
FsychdoglGal 47. SU 196. 861, 4«
Psychological Section. 47, O, 100 358, 4«
Pails International Congress of
1000 186. 381
Personal 186,261,881,906
Practical Plan of Fraternal In-
sunnce ^ 147
Potter, Hon. E. R (Suplt.) 9
Fowler, Hon. Asa (Suplt) IS
Frost Thomas G.. Bsq 4R
Fuller, Hon. Jerome (Suplt) MD
Flandrau. Hon. Chas. A ...(Suplt) 161
Frontispiece, 411
Preyentlon and Care of Tubercu-
losis CM
Present Bench Supreme Cburt of
Kansas, 48
Dr. C. Denlson 4M
R. J. Rosenau, K. D 6N
W. a Watson. M. D 609
Thos. Bassett Keyes, M. D 514
Dr. Karl Von Ruck 519
Franclsque Ootle 591
B. F. Lyle. M. D 610
M. J. Brooks, M. D 6B
Paraphasia - 187
Prison Syvtem of England and
America (Contrasted 018
Proctor, L. B..... 188. 888
Psychological Study of Jurors fl5
Premature Burial— Its Prevention.. 90
Premature Burfal C?l
Physical P^tnees of Railway Bm-
ployees 808. 810
Progress of Hygfene and Sanita-
tion of Railroads ^ 07
FhyiAcal Examination of Railway
Employees from Medico-Legal
Standpoint * 8»
Pensions for Railroad Employees.. 90
Premature Burial 856, 867. 858. 808.
888, 96t 864
Phelps. (Tharles. M. D 888
Porter, Gteo. I*.. M. D 39t 488
Partridge. Hon. William.... (Suplt) 99
Packer. Hon. Thos SupK.) 98
Parker. Hon William (SupH.) IW
Flalsted, Hon. Johh (Suplt) 67
Digitized by VjOOQIC
INDBX.
607
PdntaalloWp Hon. Samuel.... (Suplt) S7
Plckerinsr* Hon. John (Suplt) «
Farker, Hon. Jo^ (Suplt.) 72
Perler, Hon. Ira (Suplt) 74
Paris International Mediioal Con-
Wreaa S80
Portraits ot Hon. DBa1«l Buck I
Hon. Coren W. CoUlns I
Hon. Chas. M. Start I
Hon. WHUam MUehell I
Hon. Thomas Canty ^ I
Hon. Robert J. Paaalee 7
Hon. W. M. Chase 7
Hon. Robert M. Wallace 7
Hon. Isaac N. Blodgett 7
Hon. Frank N. Paraons 7
Hon. Jodin E. Toungr ^
Hon. Robert G. Wke
Hon. Samuel Ward (Suplt.) 101
Hon. Samuel Ames (Suplt.) 101
Hon. Geo. A. Brayton. . (Suplt) 101
Hon. Thos. Durfee (Suplt.) 101
Hon. Walter S. Bur^esa (Suplt) 94
Hon. BenJ. M. Bosworth. (Suplt) S4
Hon. G^eo. M. Carpenter. (Suplt) 24
Hon. S. G. Shearman... (Suplt) 24
Hon. Moses G. Sherburne. (Suplt) 31
Hoii. A. G. Chatfleld.... (Suplt) n
Hon. C. B. Frandvau.... (Suplt) 31
Hon. C. B. Vanderburerh. (Suplt) 81
Hon, Greenleaf Clark... (Suplt) 81
Hon. Samuel Bddy 164
Hon. Geo. K. ^tesh 267
±um, John McOauley 267
Hon. Franklin J. Dlckm&n 267
Hon. Moses M. Grangrer 267
Hon. Chas. D. Martin
Hon. Woodward Lanfirdon *
(Suplt) 66
Hon. Lievl Woodbury (Suplt) 86
Hon. Samuel Bell
(Suplt) 85. (Suplt) 76
Hon. Nathaniel G. Upharo
(Suplt) 86
Hon. Geo. W. Nemnith... (Suplt) 86
Hon. William T. Spear.. (Suplt) 68
Hon. Thaddeus Mlnshall...
(Suplt) 58
Hon. Jacob F. Burket... (Suplt) 68
Hon. Marshall J. WlUtams....
(Saplt) 68
Hon. John A. Shauck.. (Suplt) 68
Hon. liCWls W. Clark... (Suplt) 76
Hon, Crhas. Doe (Suplt) 76
Hon. Alonzo Carpenter.. (Suplt) 76
Hon. J. Everett Sargent. (Suplt) 76
Hon. Henry A. Bellows. . (Suplt) 76
Prognarome American Congress cf
TuberculoiAs 669
Portraits of
Hon. John A. Lovely (Suplt) 140
Hon. <aias. li. Brown.... (Suplt) 140
Hon. Chas. LewSs (Suplt) 140
Hon. Rufus P. Spalding 467
Hon. Franklin J. Diekman 4S7
Hon. John McLean 457
Hon. Allen G. Thurman 467
Hon. Rufus P. Ranney 457
Hon. Frank Doster ^ 413
Hon. Wm. R. Smith 418
Hon. Wm. A. Johnston 413
{{ isrhts of American GKrls Who
Marry Foreigners 126
Railway Surgeons— International
Association of 146
Railway Sui^gery at Paris Con-
gress, WOO , 219
Railway Surgery 280
Reade, G. A -.. 260
Recent Legal Decisions 142
Ranway Surgery— A Few Sugges-
tloos In 312
Richards, R. C, Esq ^... 816, 848
Robinovitch, Louise, M. D...^. 892
Richaruson, Hon. William M. (Suplt) 7
Rand, Hon. Edward D.... (Suplt) 187
Report of Microscoplst 451
Report of Work Marine Hospital
Service, 601
Rhode Island— E«arly Judicial His-
tory of 461
Ripley. Hon. C. G. (Suplt) 146
Rosenau, R. J., M. D 606
St»rt» C**a«. M (Suplt) 1. 86
Supreme Court of New Hamp-
shire (Suplt) 7, 88
Some Opinion, on Corporal Punish-
ment ^ 79
Shorthall, John G 91
Supplement ^ 164
Sdaples. Hon. William R (Suplt) 16
Shearman, Hon. S. G (Suplt) 26
Supreme Court of Minnesota Pres-
ent Bench (Suplt) 30
Sherburne, Hon. Moses G.. (Suplt.) 81
Supreme Court of Connecticut 284
ShutUeworth. Dr. G. E 187
Sutherlaad, J. F 260
Safety Apparatus in Premature
Bunai 296
Slmon^ Carleton, M D « 846, 862
Supreme Court of Pennsylvania.... 378
Supreme Court of the States and
Provinces of North Ameriy^i.. 387. 5S1
Society Medi>co-PBychologique of
Paris 890
Section on Medic»>Legal Surgery.. 464
Shufeldt, R. W., M. D 396
Sherburne, Hon. Joseph.... (Suplt) 97
Supreme Court of Ohio, Present
Bench , « (Suplt) 68
Digitized by VjOOQIC
608
INDVX.
Bherbume, Hon. Henry.... (Suplt.) 59
ardLth, Hon. JeremlSah...(8uplt.) $9. 128
Saxf^ent, Hon. Jonathan B.^(Suplt.) 76
Supreme Court of Judicature 84
Steele. Hon. Jonathan (Suplt.) 115
Sarwyer, Hon. Geo. S (Suplt.) 134
Sawyer. Hon. Aaron W.... (Suplt) 130
Smith. Hon. iMJao W (Suplt.) 138
Stanley. Hon. Clinton W....(Stiplt.) 138
Sherburne. Hon. Moses G.. (Suplt.) 148
Sanitariums and (Climatic Condi-
tions for the Tuberculous 509
Skim Milk 588
^^ heory of Contact Shots 38
Tuberculosis— Congress of 249, 364
Tuberculosis in its Medico-Le^al
Relations "86
Tests of Death 360
Tropftcs and White Men 377
•lliomton, Hon. Matthew... (Suplt.) UK
Thompson. Hon. Ebeneser.. (Suplt.) 108
Transactions U4. 222. 395. 5h8
The Modem Treatment of Tubercu-
losis 580, 535
TJ r^uhart. Dr. A. R, 138
Upham, Hon. N. G (Suplt) 122
Y^ anderburgrh, Hon. C. B.
(Suplt) 3
Vance, Hart 199
Volsin, M. Jules 392
Vaugrhan, Hon. William (Suplt.) 56
Vanderburgrh. Hon. Chas. E. (Suplt) 1^»
\^Bll»c^ Hon. R. M.. (Suplt) 7. 43
Wollman, H.. Bsq », J4. 446
Whftpplngr Post and Pillory in Dela-
ware ^ 8S
WiUtema, J. G 1»
Wentworth, Thoe. F 108
Whipplnir Poet tof Wife Beaters.. 108
Wllbour. Hon. Isaac (Suplt) 10
Wyomlngr State Society (Medical).. 2K
Wellcome, H. S JJ7
WaldegTOve. Earl IS
Welto. Cbaiiotte F 138
White. Joseph A 108
Woooan's Committee on the May-
brick Ca»e 368
Wyman. Walton. M. D 37J
Wise, P. M., M. D 391. 43S
Wadleigrh, Hobl Robert (Suplt) 89
Walton. Hon. Shadrach.... (Suplt) 91
WaUingtord. Hon. Thos... (Suplt) 98
Wentworth. Hon. John (Suplt) KB
Weare. Hon. Nathaniel.... (Suptt) M
Weare, Hon. Meshech (Suplt) 62
Woods, Hon. Andrew S (Suplt) 73
Whipple. Hon. Wiinain> 105
Weare, Hon. Peter (Suplt) M
WiflTgln, Hon. Andrew (Suplt) 96
Whigrate. Hon. Paine (Suplt) 111
Woodbury, Hon. Levi (Suplt) Uf
Wilcox, Hon. Leonard (Suplt) 121
White. Moses C. M. D 451
Welch. Hon. William H 141
wniman, Henry. Eteq 20. 447
Watson. W. S.. M. D 509
Wolf. A. a 529
Y <*""»• Hon. J. B (Suplt) 7. 61
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SUPPLEMENT.
EXCHIEF JUSTICES SUPREME COURT
OF RHODE ISLAND.
STEPHEN HOPKINS.
BX-CHIEP JUSTICE OF RHODE ISLAND.
1751-1755. 1770-1776.
Stephen Hopkins was bom in Scituate, R. I.^ March ^\.
1707, and died in Providence, R. L, January 13, 1785. He
was one of the signers of the Declaration of Independence.
He was a member of the General Assembly of Rhode
Island from 1732 to 1738, was made a Magistrate and Jus-
tice of the Court of Common Pleas in 1736, and became
Chief Justice of that Court in 1739. In 1741 he was sent
to the Assembly and chosen Speaker. In 1751 he was
elected for the fourteenth time to the General Assembly
and in the same year appointed Chief Justice of the Su-
preme Court
He was elected Governor of the Colony of Rhode Island
in 1756 and held that office until 1764, except one year^
when Saul Ward defeated him. He was re-elected Gover-
nor in 1767, but resigned. He was very active and ag-
gressive against the English encroachments upon the col-
onies. In 1772 he was again elected to the General As-
sembly and re-elected until 1775. While holding a seat
in the Assembly, and afterwards in the Continental Con-
gress, he filled the office of Chief Justice of Rhode Island,
being appointed for the second time to that station in 1773.
He was elected to the Continental Congress in August,
1774, He was one of the Committee of Safety of Provi-
Digitized by VjOOQIC
2 JOHN COI.B.
dence, and in 1775 was elected to the 2nd Congress. He
was a member of the 3rd Congress. He was not a member
of Congress in 1777, but was in that of 1778. From 1777 to
1779 he was an active member of the General Assembly.
He was a member of the Naval Committee in Congress, and
also of the committee that drafted the Articles of Confeder-
ation for the government of the States. He was a powerful
and lucid speaker. He worshipped with the Friends, but
was very broad in his religious views.
JOHN COLE.
EX-CHIEF JUSTICE OF RHODE ISLAND.
1764-1765.
Judge John Cole was the son of Elisha Cole, of North
Kingstown. His father was one of the largest land hold-
ers in the county, then Kings County, and later Washing-
ton, and for many years a member of the State Senate.
John Cole obtained an early education in the English
branches; and was well instructed under a foreign instruct-
or in the Greek and Latin languages.
He studied law in the oflBce of Daniel Updike, Esq.,
then Attorney-General, married his daughter Mary, was
admitted to the Bar and commenced practice in the city oi
Providence.
He soon won a fair share of the practice of the county
and a considerable business on the circuits.
In 1763 he was elected an Associate Justice of the Su-
preme Court
He was elected by the General Assembly Chief Justice
in 1764, and took his seat May, 1764. This was the era
of the Stamp Acts, and taking an active part in opposition
he was in October, 1764, appointed by the Legislature to
Digitized by VjOOQIC
WHXIAM BU*BRY. 3
act in unison with the other Colonies in resisting the Act
Chief Justice Cole resigned the office of Chief Justice, to
oppose the taxation of the Colonies, and he was elected to
the Legislature in 1765, served in 1766, and in May, 1767,
was chosen Speaker of the House. He declined a re-elec-
tion in August, 1769, when in February, 1775, the General
Assembly constituted a Maritime or Vice Admiralty Court,
of which John Poster was chosen Judge, Ex-Chief Justice
Cole was made Advocate General, a position which he held
during life. He was for many years President of the Town
Council of Providence.
General James M. Vamum, of Rhode Island, spoke ot
Judge Cole as an advocate of respectable talents.
He describes him as a handsome speaker, a sound lawyer
and of a fair and honorable character. He is said to have
been large in person, six feet in height, corpulent and
severely a£fected with the gout
He died in 1777, in the hospital grounds of smallpox,
for which he had been induced to undergo inoculation.
Note. — ^The materiala for this sketch are from Updike's Memoirs of the
Rhode Island Bar. (Thos. H. Webb & Co., Boston, 1842.)
WILUAM ELLERY.
KX-CHIBF JUSTICE OF SUPREME COURT OF RHODE ISLAND.
1785-1786.
Wm. Ellery was one of the signers of the Declaration of
Independence. Bom in Newport, Rhode Island, December
a3| 1727. Was educated by his father of the same name.
Graduated at Harvard, 1747, and began the practice of the
law in Newport Rhode Island in 1770; having served as
Clerk of the Courts for two years before that date.
In 1776 he was chosen as colleague to Stephen Hopkins,
a delegate to the Continental Congress. He continued in
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4 PBLBG ARNOLD.
Congress till 1786, (except the years 1780 to 1782), He
was elected Chief Justice of the Supreme Court, Junei
1785, but only served till May, 1786, after which he serv-
ed as Collector of the Port of Newport till his death, Pel>*
ruary 15, 1820.
He was of moderate stature with a large head and im-
pressive features, highly esteemed for his social qualities^
being intimate with all the distinguished men of his time.
PELEG ARNOLD.
BX-CHIHP JCSTICB SUPREMB COURT OP RHODE ISLAND.
1795-1809. 1810-1812.
Chief Justice Peleg Arnold was bom in Smithfield, R.
L, in 1752. He received a liberal education; studied law
and was admitted to the Bar of Rhode Island.
He was a member of the General Assembly of the State
from April 9, 1787, to Nov. i, 1789, and was delegate to
Congress under the Confederation.
He was Chief Justice of the Supreme Court of the State
from June, 1795, to June, 1809, when he was succeeded as
Chief Justice by Thomas Arnold, who served as Chief Jus-
tice from June, 1807, to May, 1810.
Peleg Arnold was then re-elected Chief Justice, and
served from May, 1 810, to May, 181 2.
He died at Smithfield, Rhode Island, February, 13th,
1820.
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HON. JAMES BURRILL, JR.
EX-CHIKF JUSTICE SUPREME COURT OF RHODE ISLAND.
1816-1817.
Ex-Chief Justice Burrill was born In Providence, Rhode
Island, on the 25th day of April A. D., 1772. He was
remarkable in his youth for quickness of apprehension, an
engaging disposition, and a thirst for knowledge. He was
accustomed also to pay an unusual deference to religious
observances, a trait which characterized him through life.
The rudiments of his English and classical education were
acquired in the school of Mr. William Wilkinson, of Prov-
idence, a celebrated instructor in those days. In Septem-
ber, A. D. 1784, at the age of twelve years, he entered the
fi:eshman class of Rhode Island College, now Brown Uni-
versity. At the commencement in September, A. D. 1788,
he graduated, and immediately commenced the study of
law, at the age of sixteen, in the oflSce of the Hon. Theo-
dore Foster, then a lawyer of extensive practice. In May,
1790, Mr. Foster was elected a Senator in Congress, and
retired from professional business. Mr. Burrill then en-
tered the office of the Hon. David Howell, where he re-
mained until September, A. D. 1791, when he was ad-
mitted to practice in all the courts of Rhode Island. At
the early age of twenty-five years, he was appointed Attor-
ney General of the State, and held it amid all the revolu-
tions of party, nearly sixteen years, when, in May, 18 13,
on account of impaired health, he at the same time re-
signed that office and the practice of law. In June follow-
ing he was elected a member of the Legislature for the town
of Providence. In May, 1814, he was chosen Speaker ol
Digitized by VjOOQIC
6 JAMES BURRILL. JR.
the House of Representatives. At the May session of the
General Assembly he was appointed Chief Justice of the
Supreme Judicial Court; which oflSce he held till the fol-
lowing Febniary, when he was elected to the Senate of the
United States. He attended four sessions of that body.
On the 25th day of December, A. D., 1820, after a few
days illness of pulmonary complaint, he expired in the full
possession of his mind, with the hope and trust of a chris-
tian.
As a lawyer, Mr. Burrill had no superior in his native
State, and a few in any other section of the Union. At
the beginning of his professional labors, he was distinr
guished for a comprehensive knowledge of the principles
and practice of law. His mind was clear and strong; it
could master the most intricate questions, unravel the web
of sophistry, and present truth in its most captivating garb.
An active zeal, thorough preparation in argument, unsul-
lied integrity, contributed to his fame. His knowledge
was not confined to his profession. In the closet he stud-
ied elegant literature. He loved its beauties. It was his
delightful recreation, after the toils of the forum, to linger
over the pages of poetry, read the lofty speculations of
philosophy, and learn from past history, lessons for the
future. Pew minds contain such treasures of historic and
scientific truth, as did his; yet he disdained everything
like pedantry. By his own merit he stood on an eminence
commanding admiration.
But his fame was not restricted by the narrow limits of
party and sectional divisions. Fearless in the expressions
of his opinons and zealous in political warfare, yet he
enjoyed to the last general respect In his own State, his
popularity and influence were almost unlimited. The senti-
ment of Burke, in him, was practically illustrated. "Be-
fore one is honored with national confidence, he ought to
Digitized by VjOOQIC
JAMES BURRIUo JR. 7
obtain such a degree of merit in his own neighborhood, as
may be a pledge and security to the public, that he will
not abuse their trust"
Mr. Burrill, in the Senate of the United States, attained
the first rank of honor and esteem. "He reached that
point not by the pliant arts of a courtier; nor by the bar-
tering, shuflling chicanery of intriguing politicians. It
was by his candor, patriotism, wisdom in council, his
powers in debate; the diligence and fidelity wherewithal
he kept the high trust reposed in him by his country.
The high-minded men with whom he controverted great
questions of national interests, beheld with delight the
noble bearings of their adversary, and cheered him with
their confidence, and cherished him with their esteem and
friendship."
In all important debates he took a chief part. Among
the questions of interest at that period were the Seminole
War, and the restriction on slavery. On the former, he
was one of a tribunal formed from the Senate with high
powers. Through the contest he was so impartial, so firm
in his own sentiments, yet moderate towards others; that
he received the unqualified homage of his political oppon-
ents.
The extension of slavery by the admission of Missouri
into the Union, was opposed by Mr. Burrill with his usual
zeal and ability. He lived, however, to see "Slavery with
all his chains oared across the Mississippi." During his
whole career in the Senate, he was ever ready to advocate
and explain great principles and to plead for the diversified
interests of this country.
Mr. Burrill's style of speaking was of the most simple
and unambitious character. He never attempted any dis-
Digitized by VjOOQIC
8 TKISTAM BUKGBSS.
play in oratory. His elocution was clear, vigorous, always
to the point
NoTB BY THB Bditor:— The foregoing sketch of Chief Jmtice Bnrrill,
it taken from the eulogy pronounced bj Tristam Burgesa, on the occa-
aion of the death of Chief Joatice Bnrrill, on the invitation of the Pnm-
dence County Bar, in January, 1826, and is taken from the Memoir of
Tristam Burgeas, by Henry L. Bowen. (Providence, 1835), p. 42.
HON. TRISTAM BURGESS.
EX-CHIEF JUSTICE SUPREME COURT OF RHODE ISLAND.
1817— 1818.
Judge Tristam Burgess was bom in Rochester, Ply-
mouth county, Mass., on February 26, 1770. His father's
name was John Burgess, his mother's Abigail.
His father entered the continental army as a Lieutenant
in the fall of 1775, but was taken seriously ill the follow-
ing winter, which prevented his active service, and he
died in 1792, leaving three sons and five daughters, of
whom Tristam was the youngest son. He never attended
a school until he was fifteen years old, when he attended
the school of Master Bowlin six weeks, to learn to write,
his sister having taught him to read, but he was an om-
niverous reader of books, preferring Medicine, but re-
mained with his father, who was a cooper, until he was 21
years old.
He entered the Academy of Doctor Williams, at Wrent-
ham, Mass., in April, 1791, when he was sick for some
months, and he did not resume his studies till October.
He entered Brown University after a terrible struggle
with poverty, and graduated with honors in September,
1796. His oration at Commencement is preserved and is a
classic.
He studied law with Judge Barnes, of Providence, sup-
porting himself by teaching school, and was admitted to
Digitized by VjOOQIC
TRISTAM BURGBSS. 9
the Bar of Rhode Island in 1799, and entered upon a sue-
<:essfnl career, gaining great fame as an orator.
In 181 1 he represented Providence in the General As-
sembly, and was re-elected in 181 2, but resigned. In May,
1815, he was appointed Chief Justice of the Supreme Court
of Rhode Island, to succeed James Burrill, Jr., who had
been elected to the United States Senate. This office he
held but tor one year, the opposing party having gained
the ascendancy, and he resumed his profession.
He was offered and accepted the chair of Oratory and
Belles Lettres in Brown University. In 1825 ^^ ^^
elected to Congress after a violent contest over Judge
Eddy, and took his seat December, 1825, where he took a
commanding position by his eloquence. He was re-elected
in 1827, and in 1829 ^^ ^^^ ^^ unsuccessfully contested
by Judge Eddy, then Chief Justice of the State.
Mr. Abraham Payne, in his "Reminiscences of the Rhode
Island Bar," in speaking of Chief Justice Tristam Burgess,
whom he hardly knew, relates this anecdote: "I saw him
-once in the hall of the old Franklin House addressing a
committee, whether of the City Council or of the General
Assembly I do not now remember, nor do I recall the sub-
iect under discussion. I remember the bent figure of an
old man dressed in a grey business suit, his eyes undimmed
and his mental vigor unabated.
His manner was calm and gave no hint of the terrible
force which had given him his ascendancy in the courts of
Rhode Island and in the halls of Congress; but there was
a rare felicity in the construction ot his sentences, and his
elocution was perfect.
I had heard nothing like it before, nor have I ever heard
anything to compare with it since, except when listening
to Rufus Choate or Wendell Phillips."
The same writer says of him :
Digitized by VjOOQIC
10 ISAAC WILBOUR.
"As an orator Mr. Burgess had a style rhetorical and
ornate, quite out of fashion in those days.*
"He followed Mr. Whipple once, in the old town-house,
commencing thus : *Who shall paint after Raphsel, who
shall speak after Cicero ?' " and in speaking of the fashion
in those days, of the great New England orators to predict
the ruin of the country, and citing Judge Story and Daniel
Webster in this field of oratory, says : " Mr. Burgess, de-
picting with graphic power the calamities which threatened
the future of the country, said, in words gathering pathos
from his own experience : ' Then happy will the old man
be who shall have sheltered his last daughter in the sanctu-
ary of the grave.' "
ISAAC WILBOUR.
EX CHIEF JUSTICE OF THE SUPREME COURT OF RHODE ISI.AN1>.
1819-1837.
Chief Justice Wilbour was not a lawyer, but was a far-
mer by occupation. He was chosen Chief Justice in May
1.819, and served until May, 1827.
He was the last of the lay Judges of Rhode Island. He
was elected Lieutenant Governor of the State, in 1810, and
served one year. He was elected to Congress in 1807, and
served to 1809, when he was succeeded in the office of
Chief Justice, by Chief Justice Eddy. Some one is report-
ed to have said that, '^though the public would get more
law, they would not get more justice," and on his retire-
ment, the number of Judges was reduced from five to three.
* Mr. Payne*8 work was published bj Tibbitto & Preston, at Provi-
dence, in 1885.
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SAMUEL EDDY, LL. D.
EX-CHIEF JUSTICE SUPREME COURT OF RHODE ISLAND.
1827— 1833.
Judge Samuel Eddy was born in Johnston, R. I., March
31, 1769. He graduated at Brown University in 1787.
He Studied law and was admitted to the Bar, but was not
long in active practice.*
He was Clerk of the Rhode Island Supreme Court from
1790 to 1793, was Secretary of State from 1798 to 1819,
when he was elected to Congress as a Democrat, without
opposition, serving three terms till 1825.
He was elected Chief Justice of the Supreme Court in
May, 1827; ^^^ served as such until June, 1835, when he
was succeeded by Chief Justice Job Durf ee.
He received the d^;ree ol IX,. D. from Brown University
in 1801. He contributed to the collections of the Rhode
Island Historical Society, and in 1818, at Providence, R. I.,
published " Reasons for my Opinions."
He died in Providence, February 2, 1839.
The election of Judge Eddy marked a new era in the
history of the Court. No Reports had been made prior to
this time. Mr. Joseph K. Angell was made Reporter, and
an opinion in 18 R. I. Reports was written by him. He
was reputed to have been an able Judge and a man of the
highest integrity.
*He was chosen delegate in 1790, before his admission to the Bar, to
the State Convention which ratified the Constitntion of the United States.
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EX-CHIEF JUSTICE JOB DURFEE.
SUPRBME COURT OP RHODE ISLAND.
1835— 1843.
Judge Job Durfee was bom in Tiverton, R. I., September
-zOy 1790. He was the son of Thomas and Mary (Louden)
Durfee. Thomas Durfee was a lawyer by profession, and
was, in the closing years of his life. Chief Justice of the
Court of Common Pleas for Newport county. The son,
after fitting for college, entered Brown University in 1809
and graduated therefrom with honors in 1813. He studied
law with his father and was admitted to the Bar in March,
1817.
He early took an interest in politics. In 1816 he was
elected to represent his native town in the lower House of
the General Assemby and continued to be semi-annually
re-elected until 182 1. In the Assembly he evinced such
ability, and by his speeches made himself so well and pop-
ularly known, that in i8ao he was nominated and tri-
umphantly elected Representative to the 17th Congress
and was re-elected to the i8th Congress. In Congress he
achieved distinction for fidelity to his duties and for his
ability as a speaker, but he was not in full accord with his
<:onstituents on the question of the tariff, then becoming
prominent, and, though nominated a third time, he failed
to be re-elected.
Prom October, 1826, until May, 1829, he was again in
the lower House of the General Assembly, serving as
^Speaker during the two latter years. In 1829 he declined
to accept a nomination, and for some years occupied him-
* By Bx-Chief Justice Thomas Durfee.
Digitized by VjOOQIC
JOB DURPBB. 13^
self with professional, literary and agricultural pursuits.
In May, 1833, lie was again returned to the General As^
sembly and was by that body elected an Assistant Justice
of the Supreme Judicial Court, then consisting of three
Justices, Samuel Eddy being the Chief. In 1835 Chief
Justice Eddy declined to serve longer, and Judge Durfee
was chosen to succeed him. He continued to hold the
office of Chief Justice by annual re-election until 1843, ^^^
afterwards, under the Constitution, continuously, until his
death.
It was not until some time in 1845 ^^^^ ^^ became the
duty of the Justices, on the appointment of an official Re-
porter, to prepare written opinions on the cases decided by
them. Previously, however, opinions were occasionally
written, and some of them have been printed in the first
volume of the Rhode Island Reports. The volume con-
tains a few opinions ot Judge Durfee, several written before
and some after 1845. These opinions are clear and logical,
compact in structures, and give evidence of -careful prepara-
tion ; but are not numerous and important enough to much
enhance his reputation. The charges made by him, from
time to time, to the grand jury, were of more interest for
his contemporaries. These, instead of being mere explana-
tions of the criminal law or of the duties of the jurors,
were careful but populardiscussions of certain great prin-
ciples of law in both their intrinsic character and their
practical applications. Several of them are published in
his collected works. But the most signal service of the
Court, while he was Chief Justice, was its treatment of an
effort to supercede the colonial charter, then still in force
as the fundamental law of the State, by a constitution
claimed to have been adopted by a majority vote of the
adult male citizens, acting of their own motion without the
sanction of the law. It was contended that, inasmuch as
Digitized by VjOOQIC
14 JOB DURREB.
the people are sovereign, the vote so given was valid and
eflfectual. The Court refused to assent to this view. In a
charge delivered to the grand jur>' by Chief Justice Durfee
it was maintained that the people are sovereign only as
they act under and in accordance with the law ; that law
gives them unity by making them a state, and that it is
only as a political unit or State that they are sovereign ;
and consequently that the votes of a major part of the
adult male citizens of the State, given without authority
of law, for a new constitution, could not legally bring
about its adoption, and any attempt to carry the constitu-
tion into effect, against the existing government, by force,
would be treason. This view was acted on by the charter
government, and subsequently applied by the court in the
trial of Thomas W. Dorr for treason.
Judge Durfee was much interested in history, literature
and philosophy. He carefully studied the early history of
the New England colonies, with special regard to their
troubles with the Indians and their treatment of Roger
Williams. In 1832 he published a poem entitled "What
Cheer ; or Roger Williams in Banishment." It purported
to be a narrative of the sufferings and adventures of Wil-
liams in the forests and among the Indians, in the winter,
from the time of his banishment until his settlement in
Providence. It was reviewed at length and with high
praise by John Foster, the celebrated essayist, in The Lon-
don Eclectic Review for July, 1838, and afterwards pub-
lished at Leeds, with a highly recommendatory preface by
the Rev. John Eustace Giles. In 1836, and later, he de-
livered three lectures, two on the ** History of the Subjec-
tion and Extermination of the Narragansetts," and the
third one "The Idea of the Supernatural Among the Indi-
ans." In 1843 he delivered an oration before the Phi Beta
Kappa Society of Brown University, on " The Influence of
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RICHARD WARD GRBBNK. 15
Scientific Discovery and Invention on Social and Political
Progress," and in January, 1847, "-^ Discourse before the
Rhode Island Historical Society," relating to Rhode Island
history. Besides these he published, anonymously, in
1846, a treatise entitled "The Paniden, or An Omnipresent
Reason Considered as the Creative and Sustaining Logos,"
in which he set forth a system of pure idealism. These
writings are all included in his collector's works.
He died July 25, 1847. After his death, in January,
1848, a discourse on his character and writings, by the
Hon. Rowland G. Hazard, was delivered before the Rhode
Island Historical Society, and in May, 1848, a highly ap-
preciative article on his life and writings, trom the pei> of
John M. Mockie, appeared in the American Review.
RICHARD WARD GREENE.
BX-CHIEF JUSTICE SUPREME COURT OP RHODE ISLAND.
1848-1854.
After the death of Chief Justice Job Durfee, Richard W.
Greene was elected Chief Justice of the State in May, 1848.
Judge Greene was bom at Warwick, Rhode Island, in
1792, graduated from Brown University in 181 2, and
studied law at the Litchfield Law School and in the oflSce
of Ebenezer Rockwell in Boston. In 1826 he was ap-
pointed United States District Attorney for Rhode Island,
by President John Quincy Adams, and he continued to
hold this oflSce under succeeding administrations until
June 14, 1854, when he resigned. He served for several
years as Representative and Senator in the General Assem-
bly. Judge Greene rose rapidly in his profession, until he
had the largest and most lucrative practice of any lawyer
in the State. "He was," says Judge Durfee, in his oration
Digitized by VjOOQIC
16 WILLIAM READ STAPLSS, LL. D.
delivered at the dedication of the Providence County Conrt
House, '^he safe counsellor of ancient precedent, learned
in the common law and greatly versed in equity jurispru-
dence before any court of the State had, as yet, any con-
siderable equity jurisdiction; not a moving oratot, but a
consummate master of analysis, pre-eminent for his power
of perspicuous statement"
In accepting the office as Chief Justice, to which he was
elected in 1848, Judge Greene is said to have relinquished
a practice of eight thousand dollars a year for a salary of
seven hundred and fifty dollars and a few fees. His re»
ported opinions are contained for the most part in the first
and second volumes of the State Reports.
WILLIAM READ STAPLES, LL. D.
EX- CHIEF JUSTICE SUPREME COURT OF RHODE ISIJLND.
1854—1856.
Judge Staples was bom in Providence, October 10, 1798;.
graduated at Brown University in 1817; studied law, and
was admitted to the bar in 1819.
He was elected Associate Justice of the Supreme Couxt
in 1835, and served as such until 1854, when, after the
election, on the resignation of Chief Justice Greene, he was
chosen Chief Justice, and served as such from November
1854 to March 7, 1856, when he resigned on account of
his health, and was succeeded by Chief Justice Samuel
Ames.
Prom 1856, until his death, October 19, 1868, he served
as Secretary and Treasurer of the Rhode Island Historical
Society. He founded the Rhode Island Historical Society,
and edited the second volume of its collections. In 1845.
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HON. SAMTJKI* AMES. 17
he published the "Annals of Providence," covering the
period from its founding to 1832.
He prepared, on the request of the General Assembly,
a history of the State Convention of 1790, which adopted
the Federal Constitution.
HON. SAMUEL AMES.
EX-CHIEF JUSTICE SUPREME COURT OF RHODE ISLAND.
1856-1866.
Judge Samuel Ames was bom at Providence, in 1806.
He graduated from Brown University at the age of seven-
teen years and commenced the study of the law. He
graduated at the Litchfield Law School and was admitted
to the Bar at twenty years of age.
In 1832 he, with Joseph K. Angell, published "Angell
and Ames on Corporations," which was a standard work.
He went early into public life and represented Provi-
dence in the General Assembly for several years, and in
1844 was chosen Speaker. He was an ardent as well as a
close student of the law as a science, in the technical
knowledge of which he had few equals.
He also assiduously studied history, literature, science
and theology. He had fair gifts of oratory, and was forci-
ble and Stggressive. He however had a judicial tempera-
ment and was better fitted for the bench than for the
forum in his natural tastes and acquired powers.
He told Judge Brayton, "I never designed to continue
at the bar all my days." "I do not like to be at the bar."
"I do not desire to be compelled to make an endeavor to
make the worse appear the better cause." " I wish to pur-
sue the better reason*"
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18 HON. CHARLES SMITH BRADL8Y.
He was elected Chief Justice in 1856, and performed the
duties of that office for nine years.
His opinions in the Rhode Island Reports illustrate his
knowledge of the law as a science, and the principles which
underlie it as such. He wrote the opinion in the famous
case of Taylor v. Place, which is perhaps the most import-
ant single opinion ever pronounced in the State.
HON. CHARLES SMITH BRADLEY.
EX-CHIEP JUSTICE SUPREME COURT OF RHODE ISLAND.
1866-1868.
Judge Bradley was bom in 1819. He graduated at
Brown University in 1838, with high honors.
He entered the office of Charles F. Tillinghast, then a
leader of the Rhode Island Bar, as a student, and also at-
tended the Law School at Harvard. He ¥^as admitted in
1 841 to the bar. ,
He rose by his ability and skill to perhaps the most
enviable position at the Bar of Rhode Island.
He was a Democrat, and was doubtless the most promi-
nent man of that party in the State.
As an advocate and as an all-around lawyer, it is doubt-
ful if any lawyer in Rhode Island excelled him.
His career in public life may be said to have been de-
voted to enlarge the suffirage, and gain a more liberal and
democratic constitution for the State.
He was the author of a pamphlet attacking the opinion
of the Supreme Court of the State, upon the questions of
constitutional and other amendments, to which Ex-Chief
Justice Durfec replied in his trenchant pamphlet, "Some
Thoughts on the Constitution of Rhode Island."
It has be^n s^d of Judge Bmdley, that it was doubtful
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HON. GEORGE A BRAYTON. 19
if he possessed the judicial temperament, and that judicial
duties were irksome and distasteful to him ; that he much
preferred the active and exciting contests in the courts, for
which he had a passion, and enormous ability. This is
doubtless true.
He, although a Democrat of ultra and pronounced opin-
ions, was elected, by the General Assembly, Chief Justice
of the Supreme Court, in February, 1866, but he held the
office only until 1868.
It can not be doubted that his choice was that ot the
advocate, and that he found the bench irksome and dis-
tasteful, and his resignation must be ascribed to this.
He retained his high position at the bar. During the
last years of his life he retired from active practice, and
was regarded by the Bar of his State, and the men of cul-
ture of the country, who met at Newport as the seat and
centre of social and intellectual development, as one of the
most graceful and accomplished members of the legal pro-
fession of his State.
HON. GEORGE A. BRAYTON.
EX-CHIEP JUSTICE SUPREME COURT OF RHODE ISLAND..
i86a-i874.
Judge George A. Bray ton was born in Warwich, Rhode
Island, in 1803.
He graduated at Brown University in 1824; studied law
in the office of the Hon. Albert C. Greene, and later at the
Litchfield Law School, in Connecticut; served in the Gen-
eral Assembly in 1832, and again in 1843, ^^^ ^^ ^ mem-
ber of the Constitutional Convention of 184a.
In 1843, ^^ ^^ elected an associate justice of the Su-
preme Court, and in 1868 he was elected chief Justice after
Digitized by VjOOQIC
20 HON. GSORGB A. BRArTOH.
nearly twenty-five jrears of continuous service on the
bench of the Supreme Court
He resigned his seat in 1874, after the longest term of
judicial service in the state, over 31 years, and died April
21, 1880, at the age of seventy-seven years.
The late Chief Justice Thomas Durfec, in speaking upon
his life and character, before the Bar Association of Rhode
Island, said of him: ^'If I wished to express him in a word
my word would be, 'Fidelity.' Other judges have doubt-
less been more learned, more eloquent, more gifted, and
greater or stronger minded ; but seldom, if ever, has any
one excelled him in judicial faithfulness.
''His opinions are well reasoned, and show careful and
thorough research.
"He excelled chiefly as a judge in banc^ though he fre-
quently presided at nisiprius. He lacked the qualities of
an accomplished jury judge— quickness of perception,
readiness of resource, fluency of utterance — ^but neverthe-
less he was so patient, so fair, and while so succinct, so
clear in his statements of the law, and so careful not to
encroach upon the-province of either counsel or jury, that
he was a favorite with many lawyers, even in the trial of
jury cases."
A study of the Rhode Island Reports, of the years that
Judge Brayton sat upon its Supreme Bench, will illustrate
and emphasize the truth oi many of the econiums given
him by Judge Durf ee, and will show the rare merit of this
admirable jurist, upon the administration of the dvil tri-
bunals for nearly a third of a century that he formed a
part of the court
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HON. THOMAS DURFE^
LATE CraEF JUSTICE OF RHODE ISLAND.
1875-1891.
For three generations the family of the late Chief Justice
has had a representation npon the Rhode Island bench.
The son of a chief justice of the Supreme Courts and a
gtandson of the chief justice of the Court of Common
Pleas of Newport county, Judge Durfee inherited a judicial
mindy and was brought up in an atmosphere adapted to
prepare him for judicial service. Bprn at Tiverton in i8a6,
his boyhood days were spent along the shores of Narragan-
sett Bay, amid scenes of natural beauty and historic inter-
est. He graduated with honor from Brown University in
1846, and after studying law for two years in Providence,
was admitted to the bar. In the year following he was ap-
pointed reporter of the decisions of the Supreme Court
•
His judicial service began in 1854, when he was elected
to the court of magistrates of the City of Providence, —
a local court of inferior jurisdiction. Prom 1854 to i860,
except for one year, he was presiding justice of this
court During the early years of his professional life he
wrote jointly with Joseph K. Angell a "Treatise on the
Law of Highways." He was a representative in the Gen-
eral Assembly in 1863, Speaker of the House in 1864, and
State Senator in 1865.
The literary instinct so strong in the elder Chief Justice
Durfee descended to the son. During the rebellion he was
a frequent oontributor to the papers, and his pen was pow-
erful in support of the Union cause. In 177:^ he published
a siaaU volume of poems. His literary talent has given
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22 HON. THOMAS DURi^BH.
to his judicial opinions a perfection of style that is not too
common in judicial writings. He is a devoted lover of
Rhode Island, — ^her people, her institutions, and her his-
tory. His "Thoughts on the Constitution of Rhode Is-
land" is a good example of his powers as a controversialist,
and is a vigorous defence of the institutions of the State.
In his oration delivered at the two hundred and fiftieth
anniversary of the founding of Providence, Judge Durfee
made a masterly defence of the conduct of Roger Williams
while a resident within the Massachusetts Colony. Per-
haps no better example could be given of his style as a
writer and of his skill and power in argument than that
part of his oration which deals with the controversy be-
tween the founder of Providence on the one side and the
clergy and General Court of Massachusetts on the other.
His "Gleanings from the Judicial History of Rhode Island"
illustrates his style as a writer of narrative, and his skill in
investing the commonplace with the charm of fiction and
the dignity of history. The characteristics of the early
bench and bar are faithfully delineated, and the trial scenes
oi the olden times are vividly and picturesquely portrayed.
His discussion of the changes in the character of the busi-
ness coming before the courts, and in the methods of the
bar in the trial of causes, shows him to be a close observer
and a discriminating critic in whatever pertains to the ad-
ministration of justice. The State reports abound in ex-
amples of his powers as a writer of judicial opinions, his
contributions to the Reports exceeding those of any other
judge in the history of the court.
Judge Durfee's term of service on the Supreme Court
bench extended over a period of more than twenty-five
years, for a little more than fifteen of which he was chief-
justice. In appreciative recognition of his long and valua-
ble services to the state, and as a mark of the esteem in
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fiOK. tAOMAS l>t7Rl^BA. 23
s
which he was held by the profession, the members of the
Rhode Island Bar passed complimentary resolutions on the
occasion, and arranged to have his portrait painted for the
Court House. Since his retirement Judge Durfee has been
President of the Providence Library, a member of the
Board of Fellows of Brown University, and was Chairman
of the Commission to revise the Constitution of the State,
which proposed revision was lately rejected by the popular
vote. He is universally loved and respected in Rhode
Island.
)
I
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EX-ASSOCIATE JUSTICES SUPREME
COURT OF RHODE ISLAND.
HON. LEVI HAILE.
EX-ASSOCIATE JUSTICE SUPREME COURT OF RHODE ISLAND.
Judge Haile was a native of Warren, Rhode Island, where
he studied and practiced law until his election as associate
justice, in 1835 ; graduated at Brown University, in the class
of 1 82 1, and represented his town in the General Assem-
bly from 1824 to 1835. He remained upon the bench un-
til his death, in 1854. It was said of him, by the late
Professor Goddard, that "as a member of the court he was
patient, attentive to business, and kind and courteous in
his intercourse with the bar. No member of the bar was
more familiar with the judicial history of the state, and
with questions of local law and practice than Judge Haile."
ALFRED BOSWORTH.
EX-ASSOCIATE JUSTICE SUPREME COURT OF RHODE ISLAND.
Judge Bosworth was bom at Warren, in 1812; graduated
from Brown University in 1835, and studied law with
Judge Haile. For fifteen years he represented his town in
the General Assembly. Upon the decease of Judge Haile, -
in 1854, Mr. Bosworth was elected to succeed him as an
associate Justice of t]ie Supreme Court, which office he
continued to hold until his death, in 1862. Judge Bos-
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ASSOCIATE JUDGES SUPREME COURT OF RHODE ISLAND.
Hon, Walter S. Burgess,
i86S— iS8i.
Hon. Benj. M. Bosworth, Hon. Geo. M. Carpenter.
1897—1899. 1882—18^5.
Hon. S. G. SHEARMAN.
1855—1868
From advance sheets Surpreme Court of the States and Provinces 0/ North America.
Digitized by VjOOQIC
Digitized by VjOOQIC
SYLVBSTKR O. SHEARMAN. 25
worth was counsel for Rhode Island in suits growing out of
the boundary question between Rhode Island and Massa-
chusetts. His name is not conspicuous in the reports.
SYLVESTER G. SHEARMAN.
KX-ASSOCIATE JUSTICE SUPREME COURT OF RHODE ISLAND.
Judge Shearman was bom in North Kingston, Rhode
Island, in 1802. He practised law at \Vickford; was
elected representative to the General Assembly at the first
election under the constitution, and in 1848 was Speaker
of the House. He was an associate justice of the Supreme
Court irom 1855 to 1868.
While a member of the court, he was assigned to hold
the court of common pleas. "He was a man," says Mr.
Payne, in his "Reminiscences of the Rhode Island Bar,"
"without any pretence to superior sanctity, vast acquire-
ments, or greatness of any kind, he was a good man,
knew what was worth knowing, and discharged faithfully
the duties of all the positions in which it had pleased God
or the people to place him." He had a keen but homely
wit, and a fund of illustration and anecdote at command.
Though a dangerous man to cross swords with in repartee,
he "had no malice in his nature and no sting in his wit"
Mr. Payne, in his work, gives some illustrations of his
peculiarities? "On whatever subject he spoke he *hit the
nail an the head,' driving it home with some apt illustra-
tion or anecdote. In this he somewhat resembled Abra-
ham Lincoln. As, in the case of Mr. Lincoln, some of the
stories of Judge Shearman could not be repeated in print
without offense to the present taste, though the words he
used were not without precedent in our English version of
the Bible, at least before the recent version. But the
Digitized by VjOOQIC
26 HON. J. Rxj^snti. fiuttocit.
stories of Judge Shearman, like those of Mr. Lincoln, came
from a clean imagination, and those who found anything
indecent in them belonged to a class accurately described
by Dean Swiit as *nice men of nasty ideas.' "
Still quoting Mr. Payne, in his admirable work : **Por
what is called the democratic theory of government I think
Sylvester G. Shearman had a profound contempt He
was in politics a natural conservative, but in judging men,
he looked through external conditions to the man himself.
"As a lawyer, while he had competent learning, his
main strength lay in his mortd nature.
"He felt what was right, and a man who examines le-
gal questions from this standpoint will, in nine cases out
of ten, form a correct judgment
"As a judge he was clear headed and impartial, and in
the tried of cases made things very pleasant, and was a
great favorite of the bar.**
HON. J. RUSSELL BULLOCK.
EX-ASSOCIATE JUSTICB SUPREME COURT OP RHODE ISLAND.
Judge Bullock, before he took his seat upon the Bench
of the Supreme Court of Rhode Island, had served in the
General Assembly of the State, both as a Representative
and as a 3euator.
He had also served as Collector of Customs and as Lieu-
tenant Governor.
He was elected, in 1862, an Associate Justice, and served
until 1864, when he resigned the office on being appointed,
by President Abraham Lincoln, Judge of the District
Court of the United SUtes for the, District of Rhode Island,
which position he held until 1869, when he resigned that
position.
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HON. WALTER SNOW BURGESS.
BX-ASSOCIATE JUSTICE SUPREME CX)URT OF RHODE ISLAND.
Judge Burgess was born in Rochester, Plymouth county,
Mass., September loth, 1808, and was the son of Abraham
and Rhoda (Caswell) Burgess, and a nephew of the distin-
guished orator and Representative, Hon. Tristam Burgess.
He graduated from Brown University in the class of
1831, was Principal of Thaxter Academy, Edgartown,
Mass., for four years, meanwhile pursuing the study of the
law ; was admitted to the Bar of Rhode Island in 1835,
and in 1836 married Eleanor, the daughter of Hon. James
Burrill, who was United States Senator from Rhode Island
at the time of his death in 1820.
Young Burges served in the General Assembly as a Rep-
resentative from Providence in 1841 and 1842, and as Sen-
ator from the town of Cranston in 1859.
He was the personal friend, as well as the legal adviser,
of Governor Dorr, and was the only one who was allowed
to accompany Governor Dorr from the jail at Newport to
the prison at Providence, and had the pleasure of taking
to Governor Dorr the order for his release.
In 1845 M^- Burgess was appointed United States Dis-
trict Attorney for Rhode Island, and held the position un-
der President Polk for four years. From 1851 to 1854,
and ajg;ain from i860 to 1863, he held the oflSce of Attorney
General of the State of Rhode Island.
In 1867 Governor Bumside appointed Judge Burgess an
Associate Justice, to act during the disability of Judge
Shearman, who was incapacitated by illness, which posi-
tion he held until the death of Judge Shearman, early in
Digitized by VjOOQIC
28 HON. BI«ISHA RBTNOU)8 POTTER.
January, 1868. He was then elected an Associate Justice
by the General Assembly to fill that vacancy outright.
He was a Democrat in political faith, and the General As-
sembly overwhelmingly Republican. He continued to
serve as Associate Justice until he had passed his 72nd
year, and in June, 1881, he resigned the office.
He gave attention to his private affairs, ahd lived to the
advanced age of nearly 84 years, dying July 26, 1892. His
colleague, Judge John H. Stiness, pronounced the memo-
rial address upon his life and career, November 14, 1892,
bef(»:e the Rhode Island Veteran Citizens' Association,
from which the data of this sketch is obtained.
HON. ELISHA REYNOLDS POTTER.
EX-ASSOaATB JUSTICE SUPREME COURT OP RHODE ISLAND.
Elisha Reynolds Potter was bom in South Kingston, R.
I., June 20th, 181 1. He was the son of Elisha R. Potter
and Mary Mawney, his wife, being of Huguenot descent
on the mother's side. He graduated from Harvard Uni-
versity in 1830 ; was admitted to the Bar October 9th,
1832 ; was Adjutant General of the State in 1835 and 1836;
was a member of the Constitutional Conventions of 1841
and 1842, the latter of which framed the Constitution,
which went into effect in 1843; ^^^^ Representative in
Congress, from Rhode Island, from December 4th, 1843,
to March 3rd, 1845 1 ^^ Commissioner of Public Schools
of the State from May, 1849, to October, 1854 ; was at
different times Senator and Representative from his native
town, in the State Legislature ; and was elected Associate
Justice of the Supreme .Court March i6th, 1868, and held
the office until he died, April loth, 1882.
He was the author of various publications, among them:
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HON. GHORGQ MOULTON CARPBNTBR. 29
"The Early History of Naragansett," published in 1835;
"A Monograpli on Paper Money in Rhode Island," pub-
lished in 1837, and reprinted with large additions in 1880;
"Considerations on the Rhode Island Questions," 1842,
reprinted in 1879; "Address before the Rhode Island His-
torical Society," 1851; "The French Settlements in Rhode
Island," 1880, being No. 5 of Mr. Rider's Historical Tracts.
HON. GEORGE MOULTON CARPENTER.
BX-ASSOCIATE JUSTICE SUPREME COURT OF RHODE ISLAND.
George Moulton Carpenter was the oldest son of George
Moulton Carpenter, a Methodist clergyman, and Sarah
Lewis Walcott, his wife, and was bom in the town of
Portsmouth, R. I., April 22nd, 1844; was educated in the
public schools of New Bedford and Providence and in
Brown University, from which he graduated in 1864, with
the degree of A. B.; studied law with James Tillinghast,
of Providence, and was admitted to the Bar in 1867 ; was
a member of a commission to revise the public statutes of
the State in 1881, the revision being that of 1882 ; was
elected Associate Justice ol the Supreme Court, to succeed
Mr. Justice Potter, April 20th, 1882, and entered upon the
office May ist, 1882 ; resigned January ist, 1885, ^^ occu-
py the office of Judge of the United States District Court
for the Rhode Island District, to which he had been ap-
pointed by President Arthur. In the summer of 1896 he
visited Europe, in company with friends, sailing July 11,
and soon after his arrival, while stopping at a small village
near Leyden, was stricken with apoplexy and expired.
The stroke and ensuing death came without any forewarn-
ing, July 31st, 1896. He is buried in Swan Point Ceme-
tery, Providence, Rhode Island
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HON. BENJAMIN MILLER BOSWORTH.
EX-ASSOCIATE JUSTICE SUPREME COURT OF RHODE ISLAND,
Judge Bosworth was born in Warren, Rhode Island, Jan-
uary 17th, 1848, and was descended from Colonial and
Revolutionary ancestry on both sides. His father, Benja-
min Miller Bosworth, was a son of Peleg Bosworth, and
his mother was Elizabeth Luther, a daughtex of Martin
Luther.
Although prepared for college he did not enter, but
taught school and pursued his studies under Isaac F. Cady.
He studied law with Ex-Chief Justice Richard Ward
Greene, and subsequently with Thos. C. Greene, Esq.,
teaching evening school meanwhile.
He was admitted to the Bar of Rhode Island in August,
1878, and later to the United States courts, practicing his
profession at Providence, Rhode Island.
He was trial Justice of Warren from 1874 to 1876 ; As-
sistant Attorney General from May, i88a, to March, 1885 ;
Justice of the Fifth District Court from 1886 to 1897, and
in May, 1897, he was elected Associate Justice of the Su-
preme Court of the State, which position he held until his
sudden death from heart failure, on January 14, 1899, in
Warren, Rhode Island.
Judge Bosworth served as a Representative in the Gen-
eral Assembly oi Rhode Island, from Warren, from May,
' 1880, to October, 1882, and again in the years 1885 and
1886.
He was a member of the School Committee of Warren
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HON. BENJAMIN MIUHR BOSWORTH. 31
for more than twenty years, acting as chairman and super-
intendent for five years.
He was a Republican in politics, and a delegate to the
National Republican Convention of 1888; was Town
Solicitor for Lincoln from 1891 to 1895 ; and was City
Solicitor for Central Palls from its establishment until he
was elected to the Supreme Bench.
In military life he served on the staffs of Brigadier Gen-
erals Thos. W. Chase and Elisha H. Rhodes, as Judge Ad-
vocate, and as Adjutant, Captain and Colonel of the War-
ren Artillery.
He served as Master of the Masonic Lodge of the Ma-
sonic Fraternity at Warren, and in the highest places of
the Chapter, Council and of the Calvary Commandery of
Knights Templars at Providence.
He was prominent in social, business and club circles,
and a universal favorite among a large circle of personal
friends.
His funeral was attended by prominent State officials,
the members of the Bench of the Supreme Court, and of
the lower courts, the Governor of the State with his staff',
the Lieutenant Governor and the State officers, and mem-
bers of the Bar Association, in strong force.
Judge Horatio Rogers, of the Bench of the Supreme
Court, pronounced an oration at his funeral after the re-
ligious ceremonies.
The Providence Journal sums up his character and life,
at the end of an eulogy, with the words : " The most elab-
orate eulogy would do him no more justice than the sim-
ple statement that he was an honest man and an able and
upright judge."
His widow survives him, but no children. He was mar-
ried to Miss Mary Cole, of Warren, March 17th, 1875.
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THE SUPREME COURT OF MINNESOTA.
THE PRESENT BENCH.
HON. DANIEL BUCK.
ASSOCIATE JUSTICE SUPREME COURT OF MINNESOTA.
Jonathan Buck, father of Judge Daniel Buck, of the
Minnesota Supreme Court, was born at Boonville, Oneida
county, New York, in 1.804, ^^d died in 1883. Judge
Buck's mother was Roxana Wheelock, who was bom at
Claremont, New Hampshire, in 1799, and died in 1842.
She was a sister of Chas. Wheelock, Colonel of the 97th
New York Volunteers, in the war of the rebellion, after-
wards breveted Brigadier General. The father of Jonathan
Buck was Daniel Buck, who settled in Boonville about the
year 1800. He was a soldier of the Revolutionary war.
Thomas Buck was the eldest son of Isaac Buck, and he
settled in Bridgewater, Mass., before 17 12. Matthew Buck
was a son of Thomas Buck, and he also lives in Bridge-
water. He was the father of the Daniel Buck of Revolu-
tionary fame, already referred to, who was bom in 1762.
Judge Daniel Buck, of whom this sketch treats, was bom
in Boonville, New York, September 8, 1829. He received
the rudiments of an education in the common schools and
finished at Rome Academy, Oneida county, and Lowville
Academy, Lewis county. New York. He came to Minne-
sota May 15, 1857, and pre-empted land at Madelia. In
that year he settled in Blue Earth county. After leaving
school, he studied law, and was admitted to practice law
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EX. ASSOCIATE JUSTICES
SUPREME COURT OF MINNESOTA,
Hoif. M0SB8 G. Shbrburnb, Hon. Andrew G. Chatfxkld.
1853—1856. 185J— 1857.
Hon. Charles B. Flandrau.
1857— 1864.
Hon. C. B. Vanderburgh. Hon. Grbbnlbap Clark.
1882—1894. 1881— 1882.
Ftom advance sheets Supreme Court of the States and Territories of North Ameriea.
Digitized by VjOOQIC
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HON. WII«UAM MITCHBIX. 33
at Utica, N. Y4, January 2nd, 1856, and when he came to
Minnesota he was actively engaged in its practice. He
was elected to the legislature in 1858, but the legislature
did not meet in that year, and so he could not serve. In
1865, while a member of the House of Representatives, he
secured the passage of the law providing for the location
of a normal school at Mankato. For four years he was
County Attorney of Blue Earth county, and in 1878 he
was elected to the State Senate for the full term of four
years. For five years he was a member of the Mankato
School Board, and for five years more he was a member of
the State Normal School Board, and while serving in this
last named capacity he assisted in the selection of sites for
the normal schools at Winona, Mankato and St Cloud;
had principal charge of the construction of the Mankato
normal school buildings; was associate counsel for the
State at the time of the trial of the five million loan bill,
and was attorney for ihe claimants in the suit for the re-
ward oflFered for the capture of the Younger brothers. In
1888 he was a candidate for Lieutenant Governor, but was
defeated with the remainder of the Democratic ticket ; was
elected Judge of the Supreme Court in 1892, for the term
of six years, commencing the first Monday in January,
1894, and was appointed Judge of the Supreme Court Oc-
tober 2, 1893, to fill the vacancy caused by the resignation
of Judge Dickinson ; always has been a Democrat, and as
long ago as 1859, was that party's candidate for Secretary
of State in Minnesota ; was a delegate to the National
Democratic Convention in St Louis, in 1876, and voted
for W. J. Bryan for President in 1896. In the Legislature
of 1879 ^^ introduced the bill for the insolvent law of the
State. It was passed, but the Governor interposed the
veto. In 1881 he introduced it again, and this time it be-
came a law.
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34 HON. WUXIAM MITCHKIX.
Judge Buck was a member of the Court of Impeachment
on the trial of E. St. Julien Cox. He is not a church
member, but sympathizes with the Quakers, his mother
having been a member of that society. October 25, 1858,
at Elgin, 111., he was married to Louisa A. Wood, and
three children have been bom to them : Charles Belos
Buck, February 24, 1I864, died November 27, 1882, while
a student at the State University. Alfred A. Buck, April
16, 1872 ; and Laura M. Buck, June 15, 1874. The latter
is now Mrs. Wm. L. Abbott.
HON. WILLIAM MITCHELL.
ASSOCIATB JUSTICE SUPREME COURT OF MINNESOTA.
Born of Scotch parents November 19th, 1832, near Ni-
agara Falls, in Welland county, Ontario ; received his com-
mon school and academic education in his native county ;
entered Jefferson College, Canonsburg, Pa., in 1848, and
graduated with the class of 1853, ^he first honor of the
class being divided between him and his room-mate, the
late Judge Thomas Ewing, of Pittsburg, Pa.
The first four years after graduating he spent iuxMor-
gantown, Va., (now West Va.), part of the time in teaching
in an academy, and the remainder in studying law ; was
admitted to the bar in Virginia in March, 1857, and im-
mediately thereafter moved to Winona, Minn., where he
continued to reside until, compelled by his official duties,
he removed to St Paul ; was engaged in the practice of
law, in Winona, from the spring of 1857 until the autumn
of 1873, when he was elected Judge of the Third Judicial
District of the State, and re-elected for a second term in
the autumn of 1880 ; was appointed Associate Justice of
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HON. CHARLES M. START. 35
the Supreme Court of the State in March, 1881, and elected
to the same oflSce in the autumn of the same year ; re-
elected in 1887, and again in 1892, by the united ballots
of both political parties ; is still serving his third term,
which will terminate January ist, 1900.
In September, 1857, he married the daughter of the late
John Hanning, of Morgantown, Va., to whom were bom
three daughters, still living, viz.: Mrs. J. K. Ewing, of
Uniontown, Pa.; Mrs. Loring Staples, of Minneapolis,
Minn., and Mrs. F. A. Hancock, of Dubuque, Iowa.
Mrs. Mitchell, having died in September, 1867, he mar-
ried, in July, 1872, Mrs. Frances M. Smith, of Chicago, to
whom were bom a son and daughter. The daughter died
in early life. The son, Wm. D. Mitchell, is engaged in
the practice of law in St Paul. His second wife died in
March, 1891.
HON. CHARLES M. START.
CHIBP JUSTICE SUPREME COURT OP MINNESOTA.
Judge Charles M. Start, the Chief Justice, is a Repub-
lican ; was bom in Bakcrsfield, Franklin county, Vt, in
1839 ; emigrated to Minnesota in 1865, ^^ married, and re-
sides in Rochester, Minn.; served as Attorney General of
the State from January, 1880, to March, 1881, when he re-
signed to accept the office of Judge of the Third Judicial
District, which office he held until January, 1895. He
was elected Chief Justice of the State in 1894.
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HON. LOREN W. COLLINS.
ASSOCIATE JUSTICE SX7PRKMB COURT OP MINNBSOTA.
Judge Loren Warren Collins is a Republican, resides in
St. Cloud, and is married ; was bom in Lowell, Mass., in
1838; received a high-school education, and emigrated to
Minnesota in 1854 ; enlisted August 9, 1862, in the 7th
Minnesota, served through the war of the rebellion, and
was brevetted Captain, March 30, 1865 ; was County At-
torney for ten years, of Steams county ; was a member of
the House of Representatives of Minnesota from 1881 to
1883 ; was one of the managers conducting the impeach-
ment proceedings against District Judge Cox; was ap-
pointed Judge of the Seventh District April 17, 1883.
On November 13, 1887, on the death of Judge Bung,
he was appointed Associate Justice to fill the vacancy, and
in 1894 he was re-elected and still holds that office.
HON. THOMAS CANTY.
ASSOCIATE JUSTICE SUPRBMB COURT OF MINNKOTA.
Thomas Canty is a Democrat in National and State pol-
itics, was born April 25th, 1854, in Michigan, and his
youth was spent on a farm in Wisconsin and Iowa ; was
educated in the common schools, taught in the public
schools, took up the study of the law, supporting himself
by teaching and manual labor; was admitted to the bar in
Hennepen county February, i88i.
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hON. tfiOMAS CAKTY. 37
He located at Minneapolis October i, 1880, before his
admission ; was elected Justice of the Fourth Judicial Dis-
trict in 1890, and in 1892 he was elected Associate Justice
of the Supreme Court by the combined votes of the Demo-
cratic and People^s parties, took his seat in January, 1894,
and holds the office now.
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SUPREME COURT OF NEW HAMPSHIRE.
THE PRESENT BENCH.
HON. ISAAC NEWTON BLODGETT.
CHIBP JUSTICE SUPRBMK COURT OP NEW HAMPSHIRE.
Hon. Isaac Newton Blodgett, Chief Justice of the Su-
preme Court of New Hampshire, was bom in Canaan,
March 6, 1838. The ancestors of his family resided in
Cambridge, Mass., as early as 1635, and at a later time
lived in Tyngsboro and Chelmsford, and still later in Hud-
son, N. H. The family has always been a prominent one
in New England.
The father of Judge Blodgett, Hon. Caleb Blodgett,
moved to Dorchester, N. H., and from thence to Canaan,
where he resided for the remainder of his life ; was a well
known and distinguished man, having held the office ot
deputy sheriff and afterwards sheriflE of Grafton county, for
a period covering more than thirty years ; was a member
of the House of Representatives, of the State Senate, and
of the Governor's council ; was largely interested in public
affairs and regarded as one of the leading and most influ-
ential members of his party.
Judge Blodgett was educated in the public schools and
fitted to enter college in the sophomore class, at the Canaan
Union Academy. Dartmouth College conferred upon him,
in 1870, the honorary degree of M. A., and in 1881 the
Phi Beta Kappa society elected him an honorary member.
He studied law in the office of Hon. Wm. P. Weeks, of
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&0N. ISAAC NBWTON BLODGEtl*. 39
Canaan, and Anson S. Marshall, Esq., of Concord, and was
admitted to the bar December, i860 ; remained in Canaan
practicing his profession until 1867, when he removed to
Franklin and entered into partnership with the late United
States Senator, Hon. Austin F. Pike.
Judge Blodgett was a member of the House of Repre-
sentatives in the years 1871, '73, '74 and '78, and a mem-
ber of the State Senate in the years 1879 and 1880 ; was
also a member of the Constitutional Conventions of 1876
and 1889 ; was a prominent Democrat and conducted the
campaign as chairman of the State committee of his party
ol 1876 and 1877, and was a very earnest and influential
supporter of Mr. Tilden's candidacy for President
Judge Blodgett was appointed to the Supreme Bench
November 30, 1880, in which position he served until he
became Chief Justice in 1893.
In his professional career he was noted for his conscien-
tious and faithful management of the business intrusted to
his care ; was particularly distinguished for his delibera-
tive and logical consideration of important legal questions
and the accuracy with which he investigated complicated
matters ; his judgment was deemed valuable and worthy
of the highest confidence ; his service upon the Bench of
the Supreme Court has been one of great honor, and the
discharge of his ofi&cial duties has commanded the highest
respect and regard of the profession and people of the
State ; his opinions have been characterized by close rea-
soning and' sound conclusions ; his style is rather brief and
free from verbiage, but expresses principles with wonder-
ful clearness and freedom from all ambiguity or doubtful
phraseology.
As Chief Justice his discharge of the duties of that im-
portant position has been marked with dignity and deci-
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40 HON. ISAAC NKWTON Bl/iDGEtT.
sion, but always with courtesy and marked consideration
of counsel and parties litigant
Although a strong Democrat, he was appointed to the
office of Chief Justice by a Republican Governor, and
unanimously confirmed by a Republican council, and his
elevation to that highly honorable place was universally
commended by prominent men from all sections of the
State.
Judge Blodgett is a brother of Hon. Caleb Blodgett, the
senior Justice of the Superior Court of Massachusetts, who
sustains a reputation in that commonwealth among the
most distinguished jurists. It is very seldom, in the his-
tory of jurisprudence in this country, that two members ot
the same family are made justices of the courts of difterent
states, as has been the case in the family of Judge Blodgett
In May, 1861, Judge Blodgett married Miss Sarah Ger-
ould, of Canaan^ N. H. They have one daughter, Miss
Anna Blodgett, a recent graduate at Wellesley CoU^^e.
Mrs. Blodgett has taken great interest in the charitable in-
stitutions of our State, and is widely respected and beloved
for her philanthropic and earnest work in matters of pub-
lic character ; her special attention being directed to the
system for the care of children, who, by reason of poverty
or other influences, have become inmates of the county
poor houses, — a most honorable work, arid bravely and
nobly carried on.
Judge Blodgett enjoys the esteem and confidence of his
fellow citizens, to the fullest extent ; his decisions have
been marked with ability of a high character and extensive
research ; his legal attainments, his unquestioned int^^rity
and entire devotion to the proper discharge of his duty,
give promise of a wise and satisfactory administration of
the high office of Chief Justice of our State.
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HON. WILLIAM MARTIN CHASE.
ASSOCIATB JUSTICE SUPRKM^ COURT OP NKW HAMPSHIR]^*
Hon. William Martin Chase, Associate Justice of the Su-
preme Court of New Hampshire, was bom in Canaan, De-
cember 28, 1837, being the son of Horace and Abigail
Martin Chase. His ancestors came from England to
Hampton, N. H., about 1639. Those upon the maternal
side settled in Londonderry, from which they removed to
Pembroke about 1763. Judge Chase was educated in the
common schools of Canaan and in Union Academy, of that
place, and in 1852 entered the Kimball Academy at Meri-
den, and Dartmouth College in 1854, from which he was
graduated in 1858. During his college course he was en-
gaged in teaching school, and after graduating was profes-
sor of mathematics and sciences in Henniker Academy.
He studied law with Anson S. Marshall, in C6ncord, and
was admitted to the bar in Merrimack county in 1862; en-
tered into partnership with Mr. Marshall, which continued
until that gentleman's death in 1874. Soon after he be-
came a partner of the Ute Chief Justice J. Everett Sargent
which continued until Judge Sargent's decease in 1879.
Soon after the firm of Chase & Streeter was formed, which
existed until 1891, when Judge Chase was appointed a
member of the Supreme Court In 1871 he was elected
Clerk of the Senate of New Hampshire, and in 1874 a
trustee in the State Library, which office he held until
1888; also became a trustee in the State Normal School
from 1876 to 1897 ; was one of the commissioners to revise
the public laws under the act of 1899 ; was also a member
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4i Hoi7. wnxiAk margin Cha^.
of the Board of Education of Concord from 1869 to 1875,
and from 1883 to 1896, and was President of the Board for
several years ; was also a member of the Board of Water
Commissioners in that city from 1877 to 1891. In 1890
he was appointed a trustee of Dartmouth College, which
office he still holds. In 1875 he was elected a Director of
the First National Bank in Concord, and President in 1883
and 1884 ; was a member of the committee for the exam-
ination of students for admission to the bar from 1878 to
1891 ; received the honorary d^^ree of A. M. from Dart-
mouth College in 1879; was made an honorary member oi
the Phi Beta Kappa Society of Dartmouth College, a mem-
ber of the Historical Society, the New England Historical *
and Genealogical Society, and of the Sons of the American
Revolution.
Judge Chose, during his professional career, won emi-
nent distinction for his honorable views and his judicial
turn of mind ; was an indefatigable worker, and accom-
plished a great deal in a few years ; was a favorite referee
and auditor and master in chancery, and probably held
more trials than any other member of the bar in the same
time in the State.
Since he became a member of the court he pursued the
same line of industry, perseverance and untiring energy
that marked his career while engaged in active practice,
and is deemed by the profession as an eminent jurist with
a brilliant promise for the future*
Judge Chase married Ellen S. Abbott, daughter of Aaron
and Nancy (Badger) Abbott, March 18, 1863, and has one
son, Arthur H. Chase, a member of the bar and State I^i-
brarian.
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HON. ROBERT MOORE WALLACE.
ASSOCIATE JUSTICK SUPR«M« COURT OP NSW HAMPSHIRE.
Judge Robert Moore Wallace was bom in Henniker, N.
H., May 2, 1847, son of Jonas and Mary (Darling) Wallace.
His father was a well known merchant ot that town, his
ancestors being among the pioneer settlers of Londonderry,
N. H. He was educated in the common school and at the
academy in his native place; entered Dartmouth College
at the age of sixteen, and was graduated in the class of '67.
Shortly after, he began the study of law in the office of
Mason W. Tappan, afterward Attorney General of New
Hampshire, and was admitted to the bar in 1870. The
same year he removed to Milford, where he formed a part-
nership with Bainbridge Wadleigh, United States Senator,
which continued until the latter removed to Boston. In
1887 he was a member of the Legislature, and in 1889 a
member of the Constitutional Convention. In 1883 he
was appointed Solicitor for Hillsborough county, and held
the position for ten years, when he was appointed Associ-
ate Justice of the Supreme Bench of the State.
In August, 1874, he married Ella M., daughter of the
late A. F. Hutchison, of Milford. They have three child-
ren ; Edward D., Robert B., and Helen Wallace.
HON. ROBERT GORDON PIKE.
ASSOCIATE JUSTICE SUPRBMS COURT OP NSW HAMPSHIRE.
Robert Gordon Pike, Associate Justice of the Supreme
Court, was bom in Rollinsford, N. H., July 28, 1851, and
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44 fiON. ROBSKT GORtX>N PtKlt.
was a descendant from John Pike, who emigrated from
England and settled in Newbury, Mass., in 1635. The
subject ot this sketch is a lineal descendant and of the
eighth generation. Among his ancestors was the Rev.
James Pike, who preached his first sermon in 1726 in that
part of Dover which forms now the town of Somersworth,
where he continued to preach for over sixty years. One
of his sons graduated from Harvard in 1776, was a cele-
brated scholar and mathematician, and the author of
mathematical works. Judge Pike's maternal ancestor, who
came to this country about 1631, was Humphrey Chad-
bourne, and his mother, Elizabeth M., was a lineal descend-
ant of his family.
Judge Pike attended the common schools of RoUinsford
and the Berwick Academy, where he fitted for college, en-
tered Dartmouth in 1868 and graduated in 187a ; engaged
in civil engineering for a time and was one of the survey-
ors who ran the lines of the Dover and Portsmouth Rail-
road in 1873 ; was an assistant engineer on the Waltham
Water Works, and was quite actively engaged in civil en-
gineering and in teaching the South Berwick Grammar
School until 1878, when he b^;an the study of law in the
office of the late Chief Justice Charles Doe ; was admitted
to the bar in March, 1881, and immediately b^;an business
in Dover, N. H., where he pursued a very active and lucra-
tive practice. In 1887 he was elected solicitor for the
county of Strafibrd, holding the office for a little over two
terms. In 1893 he was appointed Judge of the Probate
Court of Strafford County, which office he continued to
hold until he became Associate Justice of the Supreme
Court, April 14, 1896 ; was identified with educational in-
terests in Strafford county quite extensively, and was Su-
perintendent of Schools in RoUinsford for a full term, and
declined a re-appointment ; was a member of the school
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HON. ROBERT GORDON PIKB. 45
board in the city of Dover and declined re-appointment
was trustee of the Strafford Savings Bank from 1890 to
1896, and for a time a member of the water board of the
city of Dover ; a trustee of the Franklin Academy since
September, 1883, and treasurer of that institution from
August, 1884, ^^ 1896.
It will thus be seen that Judge Pike was identified with
educational and business interests, actively and continu-
ously, from the time when he left college until he was ap-
pointed a member of the Supreme ..Court of the State.
After the decease of Chief Justice Doe, Judge Carpenter
was elevated to the office of Chief Justice, and Judge Pike
was appointed to fill the vacancy occasioned by that
change in the personnel of the court, and immediately en-
tered upon the discharge of its duties.
The ardent expectations of his friends and the predic-
tion that he would fill the eminent position to which he
was appointed, with credit to himself and satisfaction to
the people of the state, have been more than realized.
His successful career as a business and professional man
and his acceptable performance of the duties of Judge of
Probate were a guaranty that he would fill the position
upon the bench of the Supreme Court in a manner that
should command the respect and confidence of the profes-
sion and the community.
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HON. ROBERT JAMES PEASLEE.
ASSOCIATE JUSTICB SUPREME COURT OP NEW HAMPSHIRE.
Robert James Peaslee, son of Robert and Persis B.
(Dodge) Peaslee, was bom in Weare, N. H., September 24,
1864 ) 'wss educated in the common schools of his native
town, Gushing Academy, Ashbumham, Mass.; Arms Acad-
emy, Shelbume Falls, Mass., and at Boston University
Law School, from which he graduated with high honors in
1886 ; was admitted to the bar in 1886, and practiced law
in Manchester, N. H., until appointed Associate Justice of
the Supreme Court, June 14, 1898.
From the very outset of his career, the few in Manches-
ter who had an intimate acquaintance with Mr. Peaslee,
confidently predicted that he would take high rank in the
profession of the law. A diligent and conscientious stud-
ent, he was not content with the mere smattering of
knowledge obtainable from text-books, but devoted himself
to an exhaustive examination of legal propositions, and
became familiar with the bedrock principles on which
they depended. A clear-headed and logical reasoncr, the
possessor of a remarkably retentive memory, able to apply
legal knowledge to facts with readiness and accuracpr, regu-
lar and systematic in his habits and methods, pugnacious
in spirit, and blessed with an appetite for hard work, he
came to the bar admirably equipped for any battle of the
law, whether skirmish, campaign, or siege. Add to this
formidable equipment sound sense and absolute honesty,
and it does not seem strange that in the comparatively few
years of his practice he came to be recognized as one of
the leaders of the Hillsborough bar.
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HON. PItANK NBSMITH PARSONS. 47
In the spring of 1898 it became necessary to select a
successor to Hon. Lewis W. Clark, who was about to retire
from the bench after an honorable service of more than
twenty years. That the new appointee should be a Man-
chester man was a self-evident proposition. Mr. Peaslee's
friends, recognizing that he had abilities of the highest or-
der and believing that he possessed a natural aptitude for
judicial work, earnestly desired his promotion to the
bench. He received a flattering endorsement from other
sections of the state, but the bar of Hillsborough county,
where he had made his record and won his spurs, joined
in a practically unanimous request for his appointment
In naming hiin for the place. Governor Ramsdell, himself
a member of the Hillsborough bar, not only expressed his
own judgment, but gave effect to a public sentiment so
strong and universal that it could not be disregarded.
Judge Peaslee is not yet thirty-five years old. Should he
sit upon the bench until he attains the age of seventy, the
constitutional limitation of judicial service in New Hamp-
shire, he will have served for a longer period than any
judge in the history of the State, not excepting the late
Chief Justice Doe. It would be manifestly absurd to at-
tempt any estimate of the value of his service at this early
day. It will suffice to say that during the judicial year
which has just closed he has presided almost continuously
at the trial terms for Hillsborough county, the busiest in
the state ; and, reviewing the work of his first year, his
brethren of the bar find in it abundant promise that he
whom they knew to be an accomplished lawyer will do
credit to the honorable profession of the law as an able,
honest and impartial judge.
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HON. FRANK NESMITH PARSONS.
ASSOCIATB JUSTICB SUPRBMB COURT OF NEW HAMPSHIRB.
Hon. Frank N. Parsons was born in Dover, N. H., Sep-
tember 3, 1854, l*^s father, Rev, Benjamin F. Parsons, was
a prominent Congregational minister who held a pastorate
in Dover, and afterwarc^s in Nashua, N. H. for many years;
his ancestors for several generations were residents ol the
State of Maine.
He attended the public schools in Dover and in Nashua
and completed his preparatory course of study in Pinker-
ton Academy in Deny, N. H., from which institution he
was graduated in 1870, and entered Dartmouth College and
was graduated in 1874. Following his graduation he
became principal of the high school in Frailklin, N. H.
for one year, and subsequently was the sub-master of the
high school in the City oi Nashua for one year; then en-
tered upon the study of law with the Hon. Daniel Barnard
of Franklin, who was Attorney General of the state;
completed his studies in the oflSce of the Hon. Austin F.
Pike, afterwards United States Senator, and Hon. Isaac N.
Blodgett, the present Chief Justice of the Supreme Court,
and was admitted to the Bar from their ofBce in March
1879 and in the following May was admitted to the United
States Circuit Court.
Judge Parsons formed a partnership immediately after
his admission to the Bar, with Senator Pike under the
name of Pike and Parsons, which continued until the
decease of Mr. Pike October 8, 1886. Subsequently he
continued in practice until his appointment as Associate
Justice of the Court; was a member of the Constitutional
Digitized by VjOOQIC
HON. ROBERT NHSMITH PARSONS. 49
Convention in 1889, in the proceedings of which he took
a very active part, serving upon the most important com-
mittees and rendering the state valuable service in guiding
and shaping the action of the convention.
In 1893 and 1894 he was a member of the Executive
Council and owing to his accurate knowledge of the
statutes of the state and his ability as a lawyer, became at
once the leading and advisory member of the board; was
elected first Mayor of the City of Franklin in 1894 and as
a union candidate for the oflSce received practically the
entire vote of the city; was largely influential in making
the charter and organizing the government, and by
common consent of both political parties the honor of
being the first mayor of the city was clearly due to him in
recognition of his important services and the great interest
which he took in the work of procuring the charter and
inaugurating the City Government and shaping its muni-
cipal affairs. Although a republican of a pronounced and
well defined character, he was never regarded as a politician
and was generally popular with his politicial opponents
and his administration as first mayor of Franklin received
the approval of all classes of citizens.
In his later practice Judge Parsons gave his attention
largely to legal arguments and causes before the Superior
Court and the profession recognized his ability by advising
that he should be retained in many important cases.
His eflScient discharge of the duties of State Reporter
are regarded as very valuable by reason of the critical
accuracy and precision with which the work was done.
When the term of office of Hon. Isaac W. Smith was
about to expire by limitation of law, public opinion,
especially among the legal profession seemed to point by
common consent to his selection as Judge Smith's sue*
cessor, which was made in May 1895.
Digitized by VjOOQIC
50 HON. PRANK NESMITH PARSONS.
His judicial career in the trial of causes has been
characterized by quick and ready comprehension of the
questions involved and his easy and successful manner of
conducting the business of the trial terms^ while bis
opinions delivered from the full bench compare favorably
with those of his associates and with his predecessors wbo
have performed the valuablie and eminent work of the
Supreme Court of our State.
Judge Parsons married Miss Helen Farly Pike, daughter
of Hon. Austin F. Pike.
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HON, JOHN EDWIN YOUNG.
ASSOCIATE JUSTICK SUPRBMB COURT OP NEW HAICPSHIRB.
John Edwin Young, son of Mark F. and Olive Piper
Young, was bom in Stratham, New Hampshire, January
a6, 1855 ; attended the common schools of the town and
passed his boyhood days much as New Hampshire boys in
general have been accustomed to do, assisting his father in
the farm work and other duties common to farmer^' life ;
pursued his studies at the Academy at Northwood, N. H.,
where he completed the preparatory course and entered
Dartmouth College in 1874, from which institution he
was graduated in 1878.
Soon after he commenced the study of law in the oflEice
of Gen. Oilman Marston at Exeter, where he remained
two and a half years; then went to Lincoln, Nebraska, and
continued his law studies for about six months, when he
removed to Florida and engaged in business. Subsequent-
ly he returned to Stratham, N. H., and in the fall of 1889
again entered the offiice of Gen. Marston and was admitted
to the Bar in the Supreme Court of New Hampshire in
March 1890; was associated with Gen. Marston and re-
mained in his oflEiice until his death, which took place in
July 1890; then became a member of the firm of Eastman^
Young & O'Neil and subquently of the firm of Eastman &
Young, which continued until he was appointed Associate
Justice of the Supreme Court in August 1898.
After commencing business he very soon acquired a re-
putation for remarkable ability to investigate Itgal ques-
tions and to arrive at safe conclusions in intricate matters
Digitized by VjOOQIC
HON. JOHN EDWIN YOUNG.
iich required a comprehensive and highly intelligent
tw of the science of law; was remarkable for his very re-
itive memory and soon became engaged in active prao-
e, and acquired a reputation of rare ability; entered upon
; official career with a promise of successful and honor-
le discharge of the important duties of the bench.
He married Bertha J. Hobbs of Newfields.
Digitized by VjOOQIC
Digitized by VjOOQIC
SUPREME COURT OF OHIO.
(the present bench.)
Hon. Wm. T. Spear. Hon. Thaddeus A. Mikdshalu
Hon. Jacob f. Burkbt.
Hon. Marshall J. Williams. Hon. John A. Shanck.
Note:— We regret the omission of the Portrait of Hon. Joseph P. Bradbur>'. Chief Justice of
the Court for 1899. due to an accidental delay in its reproduction.
From advance sheets Supreme Court 0/ the States and Provtnces 0/ North America.
Digitized by VjOOQIC
SUPPLEMENT.
EX -CHIEF JUSTICES SUPREME COURT
OF NEW HAMPSHIRE.
RICHARD MARTYN.
EX-CHIEP JUSTICE OF NEW HAMPSHIRE.
1693-1694.
Richard Martyn was a merchant residing at Portsmouth
where, as early as 1660, he received an allotment of sixty-
two acres of land. In 1671 he was one of the founders of
the Congregational church at Portsmouth. In i668 he was
elected a selectman and held that ofBce six of the succeed-
ing ten years. In 1671 he was a commissioner for the trial
of small causes, and in 1672 and 1679 a deputy to the Gen-
eral Court of Massachusetts. He was made a councillor of
the Province of New Hampshire in President Cutt's com-
mission, and held that oflSce till 1683, when Governor
Cranfield removed him. In October, 1692, he represented
Portsmouth in the Provincial Assembly of New Hampshire
and was chosen Speaker. In December, 1692, Governor
Allen appointed him a Judge of the Court of Common
Pleas and in 1693 Chief Justice ot the Supreme Court of
Judicature, and he held the office till his death, April 2,
1694. He was an intelligent man of good business quali-
fications and well performed his duties, and has been justly
characterized as a ^4eading man in church and state."
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NATHANIEL WEARE.
KX-CHIEF JUSTICE OF NBW HAMPSHIRE.
1694-1696.
Chief Justice Weare was born in England in 1631, son
of Nathaniel Weare, who emigrated to Newbury, Mass.,
and settled and resided at Hampton ; early attracted pub-
lic attention by the resolute stand he took against the
claims of Robert Mason to the soil of New Hampshire ;
was selected by the inhabitants to go to England and de-
mand of the king the removal of Governor Cranfield. Af-
ter the overthrow of the Andre Government in New Eng-
land in 1689, he was chosen one of the commissioners from
Hampton to conclude, with others, terms on the form of a
government, ad interim; was also sent from Hampton to
advise with others, at Portsmouth, as to the defense of the
Province in King William's war. Lt-Govemor Usher and
the council made him a councillor of the Province in 1692,
and on the death of Chief Justice Richard Martyn in April,
1694, he was commissioned Chief Justice of the Supreme
Court to succeed him, and served until 1696, when he re-
signed and was succeeded by Chief Justice Joseph Smith,
who served one year. Chief Justice Weare retained his .
seat in the council after he ceased to act as chief justice
until 1698-99, when he resigned on account of some dif-
ference with Governor Allen. In 1699 ^^ resumed his seat
in the council and served until 1715 when he resigned, and
died May 13, 1718. Two of his sons, Peter and Nathaniel,
were judges of the Superior Court, and his grandson, Me-
shech, was also a justice and chief justice of that court
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PETER COFFIN.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1697-1698.
Peter Coffin was the eldest son of Tristam Coffin, of
Nantnckett, Mass.; bom in Devonshire, England, in 1630;
removed to Dover before 1650 and as early as 1690 to Exe-
ter,, where he resided until his death, March 21, 1715; was
a successful merchant and acquired a large landed prop-
erty ; was selectman for Dover and treasurer for several
years, and deputy to the General Court in 1672, 1673 ^^^
1679. In 1693 he was appointed as councillor and served
as such nearly all his life. He served as chief justice about
one year, from 1697 to 1698, and as an associate justice ot
that court afterward for about twdve years.
JOHN HINCKES.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
169^1704.
John Hinckes was bom in England and emigrated after
1670 to Great Island; was a merchant of considerable
• ability, but not a lawyer ; was a supporter of Governor
Cranfield, who in 1683 chose him as a councillor to fill a
place of one he had arbitrarily removed ; was also appointed
assistant to Robert Mason as Chancellor to the Province ;
was named a councillor in Governor Dudley's commission
in 1686, and also in Governor Allen's commission in 1692,
and he held this position a large part of the time till 1710,
acting as president of the council in the absence of the
Governor and Lt-Govemor. When the judiciary was
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56 WnXIAM VAUGHAN.
reorganized in 1699, he was appointed Chief Justice of the
Superior Court and served until 1704, when he left the
county " without leave,'* and Richard Waldron was named
councillor by mandamus in 171 1, in his stead. During
Andre's administration he was captain of the lort at Great
Island, and John Cross, a soldier, made charges against him
for monies misappropriated, who had leave granted to sue
him for it Judge Hinckes, it is believed, returned to New
Hampshire and died there, at New Castle, in 1734.
WILLIAM VAUGHAN.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE,
1708-1716.
William Vaughan was a gf andson of Sir Roger Vaughan,
of Elamerganshen in Wales, and emigrated in 1664 to
Portsmouth, N. H., engaged in business as a merchant and
was very successful, acquiring wealth, and being generous
and public-spirited, became very prominent From 1676
to 1680 he served as selectman at Portsmouth, and repeat-
edly afterwards; was one of President Cutt's council
and of several of his successors, holding his seat, with vari-
ous interruptions, till 1713 ; sat two years as Judge of the
Court of Common Pleas under the first Provincial Govern-
ment. Governor Cranfield named him a member of the
special court for the trial of Edward & Son, where he gave
offense by his independence and fearlessness and Governor
Cranfield removed him as a councillor, and finally arbitra-
rily committed him to prison and held him for nine
months. He was one of the proprietors whom Robert
Mason sued to recover the soil, and the only one who ap-
pealed ; served as Treasurer of the Province, as Recorder
of Deeds, and was at one time in command of the entire
military force of the Province. In August, 1708, he was
Digitized by VjOOQIC
SAMUKI* PRNHAIJX)W. 67
appointed Chief Justice of the Supreme Court and held the
place till February, 1716, though his last appearance in
court was in August, 1714. He died November 13, 1719.
He was a man of courage and honesty and held a high
place in the affection of the people. His son George was
Lieutenant-Governor of New Hampshire, married the
younger daughter of Richard Cutt, and was the father of
two sons and six daughters.
JOHN PLAISTED.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1716-1717.
John Plaisted was the son of Lieut Roger Plaisted, of
Kittery, Maine, was bom about 1660, and removed to
Portsmouth at about the age of 19 years ; married a daugh-
ter of Capt John Pickering and was a prominent citizen ;
was chosen to the Provincial Assembly in 1692, and for
several succeeding years, and was elected Speaker of the
House in 1696. In 1702 he became a member of the
Council and continued (with possible intervals) till 17 16;
was commissioned a Judge of the Superior Court in 1699
and served assiduously till, in August, 17 16, he was ap-
pointed Chief Justice. He only attended one term of court
after he was made Chief Justice. There is some doubt as
to the date his of death, but it was probably in 17 17.
SAMUEL PENHALLOW.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1717-1726.
Judge Penhallow was bom in St Mobin, Cornwall, Eng-
land, July 10, 1665 ; came to Portsmouth with his pre-
ceptor, Charles Merten, in 1686 ; married the daughter of
Digitized by VjOOQIC
58 GRORGB JAFFRAY.
President Cutt, and came into the possession of a laige
property which he increased by successful business specu-
lations. In 1698, and for several years, he was a represen-
tative in the Assembly, and in 1700 was chosen Speaker.
In 1702 he was appointed in the Council and remained in
that office as long as he lived, except a short suspension
by Lieut-Gov. Vaughan. He was Recorder of Deeds and
refused to obey the order of Lieut-Gov. Usher to deliver
the files and records of the several courts to the Secretary
of the Province without an Act of the General Assembly
authorizing it, and neither threats nor persuasion moved
him. In 1714 he was commissioned a Justice of the Sn-
perior Court, and in 171 7 was named as Chief Justice,
where he served as long as he lived ; also served as Secre-
tary of the Province from 1714 to his death, and discharged
every duty with fidelity and ability. He wrote a history
of the Indian wars from 1703 to 1726, in which wars he
served as captain. This work is an authority and has been
twice reprinted. *He died in Portsmouth December 2,
1726, and left a family of four sons and five daughters.
GEORGE JAFFRAY.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1726-1732. 1742-1749.
Judge Jaflfray was the son of Councillor George Jafl5»y
and was bom in Great Island, November 22, 1682 ; gradu-
ated from Harvard in 1702, and was the first man of liberal
education who held a seat on the New Hampshire Bench ;
represented Portsmouth when he resided in the county, in
1 7 ID and several succeeding years. In 17 17 he was placed
on the Council and the same year appointed a Judge of the
Superior Court, where he served till 1726, on the death of
Chief Justice Penhallow, when he was named Chief Justice
Digitized by VjOOQIC
HENRY SHHKBURNB. 59
and made Treasurer of the Province. Henry Sherburne
appears to have been Chief Justice early in 1732, and it is
supposed that Judge Jaflfray resigned at that time. Chief
Justice Sherburne ceased to preside in that court in 1742,
and Judge Jaflfray was re-commissioned Chief Justice, which
office he filled till his death, May 8, 1749. He served as
Treasurer as long as he lived, and his ability and integrity
were unquestioned. January 10, 17 10, he married Sarah,
daughter of Daniel JeflEries, of Boston, who died January
12, 1734. On March 9, 1738, he married Mrs. Sarah Mc-
Pheelins, a daughter of Lt-Gov. John Wentworth.
HENRY SHERBURNE.
EX-CHIEF JUSTICE OP NEW HAMPSHIRE.
1732-1742.
Judge Henry Sherburne was born February 16, 1674, at
Portsmouth ; was a seaman, merchant and man of business;
was styled Captain and later Colonel, and saw some service
in the Indian wars ; represented Portsmouth in the General
Assembly in 1720 and later, and was a Councillor from
1738 for nearly thirty years. In 1732 he was named Chief
Justice of the Superior Court, and held the position for ten
years ; was Treasurer of the Province in 1732 and some
years after, and was a gentleman of intelligence and high
standing. He died in Portsmouth, December 29, 1757.
He married Dorothy, a daughter of Samuel Wentworth.
Henry Sherburne, who afterward was Chief Justice of the
Court of Common Pleas, was his son.
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ELLIS HUSKE.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1749-1754.
Judge Huske was a brother of Gen, Huske, who fought
at Dittingen and Culloden ; emigrated to Portsmouth and
was appointed to the Council in 1733 and held that oflSce
till his death in 1755 ; was appointed a Judge in 1739 and
held the office ten years, when, in 1749, he was appointed
Chief Justice ; resigned in 1754, doubtless on account of
Governor Benning Wentworth's message .to the Assembly,
that during Huske's administration of the office the Court
" was fallen into great disorder, and by repeated delays the
course of justice was in a manner put a stop to."
THEODORE ATKINSON.
EX-CHIEIF JUSTICE OF NEW HAMPSHIRE.
1754-1775.
Chief Justice Atkinson is known as the fourth Theo-
dore, his father the third Theodore, who was bom in Bos-
ton, removed to Newcastle in 1694, and was a Judge of the
Court of Common Pleas^ Clerk of the Superior Court, and
died in 17 19. Chief Justice Atkinson was, in 1720, after
the death of his father, made Clerk of the Court of Com-
mon Pleas and was admitted to the bar in 1731 ; married
a daughter of Lt-Gov. John Wentworth, who had appointed
him Collector and Naval Officer, and SheriflE of the Prov-
ince. In 1730 Gov. Belcher, who was unfriendly to Gov.
Wentworth, removed Atkinson from the first two offices
and appointed another person to perform jointly with him
the duties of sheriflE. When he was but 28 years of age,
Digitized by VjOOQIC
THEODORE ATKINSON. 61
he was made a Commissioner, with one from Massachusetts,
to proceed to Canada to secure the release of prisoners and
to remonstrate against the inciting the Indians to war, in
violation of treaties, and received the thanks of the Assem-
bly for his service. In 1731 the King appointed him a
member of the Council, but Gov. Belcher prevented his
taking his seat till 1734, and Atkinson, who had been
elected a Representative, retaliated by opposing the Gov-
ernor in the House. He served as Councilman from 1734
to the dissolution of the Royal Government in 1775. He
was a delegate to the Albany Congress of 17549 and was a
member of the committee who reported a plan of Union
for the defence of the Colonies. This report was rejected
at home because it gave too much power to the King, and
in England because it gave too much power to the Colo-
nial Legislature. In 1754 he was appointed Chief Justice
and served until the Revolutionary Government of 1775
was created. He was opposed to the Revolutionary move-
«
ment. He gave by his will a legacy of ;^200 to the Epis-
copal church Portsmouth, the interest of which is expended
for bread to be distributed on Sundays to the poor of the
parish.
[This concludes the aketches of the Chief Justices of the Province of
New Hampshire, from 1693 to 1775, when the Revolution came and the
Independence of the country was declared. The data is from the admira-
ble work of '*The Bench and Bar of New Hampshire," by Hon. Charles
H. Bell, which is used for the further Historical Sketches of the early
Judges.]
Digitized by VjOOQIC
EX-CHIEF JUSTICES FROM THE INDE-
PENDENCE OF THE COUNTRY.
MESHECH WEARE.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1776-1782.
Chief Justice Meshech Weare was bom in Hampton
Falls, June 16, 1713; graduated at Harvard in 1735 ; pre-
pared himself for the pulpit at first, and afterward studied
law, but does not seem to have been admitted to the ban
In 1745 he represented Hampton Falls in the Provincial
Legislature and continued to do so nearly all the time until
1776 ; was Clerk of the House for several years, and in
1752 was chosen Speaker, which position he held till 1755.
In 1754 he was a delegate to the Albany Congress, and in
1766 he was a Colonel of a militia regiment. He espoused
the People's side and opposed the British Government and
Ministers, and from 1775 to 1784 was a member of the
Provincial and State Committee of Safety, which had full
powers granted by the Legislature in vacation. In 1776
he was elected a member of the Council and President
under the Popular Government, which oflSce he held until
1784, when he was elected the first President of the State.
This he resigned in 1785 on account of the infirmities of
age. In 1747 he was appointed a Judge of the Superior
Court and performed the duties till 1775. During the
Revolution it is said of him, by Mr. Chas. H. Bell, that
" he administered simultaneously the highest offices in the
State — legislative, judicial and executive, — a conjunction
of powers which, under other other circumstances and in a
Digitized by VjOOQIC
SAMUBt UVKRMORB, 1,1.. D. 68
man of less principle and patriotism, would have been haz-
ardous in the extreme; but he was never suspected of
abusing his power. He was a reading and a thinking man
of sound judgment, industry, discretion and integrity.'*
He sat thirty-four years upon the Bench of the Superior
Court, where his father and his grandfather had sat before
him. He died at Hampton Palls, January 14, 1786, and
left nine children.
SAMUEL UVERMORE, LL. D.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1 782-1 790.
Judge Livermore was of English descent, his ancestor,
John Livermore, emigrating from Exeter, England, and
settled at Watertown, Mass., in 1635 ; taught school in
Chelsea, Mass., in 1750 and 1751 ; entered Nassau Hall
(now Princeton) then located at Newark, in 175 1, in ad-
vanced standing and took his degree in 1752 ; studied law
in the office of Edmund Trowbridge and was admitted to
the Middlesex, Mass., Common Pleas Bar in June, 1756.
Atter a year's practice he removed to Portsmouth, and en-
gaged in a lucrative practice. To avoid mixing in the
dispute with the mother country he removed to London-
derry in 1764 and represented that town in the Legislature
of 1768, 1769 and 1770, when he was appointed Advocate
in the Court of Admiralty and King's Attorney General in
New Hampshire, which office he held as long as the Royal
Government lasted, and returned to^reside in Portsmouth
in 1769. In 1774 he returned to Londonderry and in
1775-76 he removed with his family to New Holderness,
where he had acquired a landed estate.
While secretly a Royalist in feeling, he retained the
confidence of Governor Wentworth and was not suspected
Digitized by VjOOQIC
64 SAMUBI^ I«IVBRMORB, IX. D.
of Toryism, and was elected Attorney General in 1776,
and after the surrender of Bnrgojme, in 1177, he b^;an to
believe in the success of the Patriot cause.
In 1779 h^ ^^ chosen by the General Court as Agent
to the Continental Congress to support the claim of the
State to the Hampshire Grants, and in 1780 was elected a
delegate to Congress, but not to supersede the other dele-
gates, and attended until 1782 when, on June 21, he was
appointed Chief Justice of the Superior Court, and he was,
in the autumn of 1785, again elected to Congress and took
his seat while still holding the oflSce of Chief Justice. In
July, 1788, he was a delegate from Holdemess to the con-
vention to consider the new Constitution, and was instru-
mental in its adoption. He was elected by the people one
of the first representatives in the new Congress of 1789,
and took his seat The State Constitution did not forbid
it and he still held his judicial position. This created dis-
satisfaction, which taking public form, he resigned the
chief justiceship in 1790, for that and other reasons.
He was re-elected to Congress in 1791, and was chosen
a member of the Constitutional Convention of the State,
and chosen President of that convention.
The Legislature elected him to the Senate of the United
States in 1791 and he served six years, was re-elected, but
his health failing he resigned June 12, 1798.
The Bar disliked him, but the people sustained him.
He refused to be governed by precedents and even his own
decisions, and would not respect, so far as to follow, the
adjudications of the English courts. This the Bar resented.
He was an autocrat in his day, and was said to rule his
court with a rod of iron, Dartmouth gave him the degree
of LL. D. in 1792. He had three sons, two of whom, Ar-
thur and Edward St Loe, became judges' of the Superior
Court
Digitized by VjOOQIC
ISAIAH BARTLETT, M. D.
EX-CHIBF JUSTICE OF NEW HAMPSHIRE.
1790.
Isaiah Bartlett, one of the signers of the Declaration of
American Independence, was bom in Amesbury, Mass.,
November 21, 1729; attended the common schools and
applied himself to the study of Latin and Greek until at
the age of 16 years he commenced the study of Medicine,
which he pursued until 1750 under the advice and super-
vision of physicians, when he removed to Kingston and
commenced to practice Medicine, acquiring quite a reputa-
tion. In 1765 he was elected to the Provincial Legisla-
ture and was re-elected, being a staunch supporter of the
Patriot cause until the outbreak of the Revolution.
He held a commission of Justice of the Peace and as
Colonel of the Militia under the Royal Governor. His
ardent espousal of the cause of the people, in the early
struggle against the crown, led Governor Wentworth to
remove him from these oflSces in February, 1775, and
he was chosen an active member of the Provincial
Congress, called by the people, and a member of the Com-
mittee of Public Safety, exercising, during the recess of
the L^^lature, the chief powers of the Provincial Gov-
ernment
In 1775 and 1776 Dr. Bartlett was a delegate to the
Continental Congress where he supported and signed the
Declaration of Independence. In 1778 he was again chosen
to the Continental Congress and in 1779 was constituted
the Chief Justice of the Court of Common Pleas. In 1788
he was a member and temporary chairman of the conven-
Digitized by VjOOQIC
66 JOHN PICKERING, LL. D.
tion called to ratify the Constitution of the United States,
and in 1790, 1791 and 1792 he was elected and served as
President of New Hampshire. In 1794, under the newly
adopted Constitution of the State, he was chosen the first
Governor of New Hampshire, and in the succeeding Janu-
ary he resigned that office and all public service by reason
of his impaired health.
His judicial service, commencing in 1782 as an Associ-
ate Justice, terminated in 1790 as Chief Justice. He pos-
sessed superior abilities, sound judgment, earnest patriot-
ism and high integrity. His public service met with full
approbation by the people. He founded the State Medical
Society and was its first President Dartmouth College
conferred the honorary degree of M. D. upon him. He died
in Kingston, May 19, 1795. He married Mary Bartlett of
Newton, had three sons, all of whom became physicians,
and six daughters.
JOHN PICKERING, LL. D.
EX-CHIEJF JUSTICE OF NEW HAMPSHIRE.
1790-1795.
Mr. Justice Pickering was a descendant of a prominent
early citizen of New Hampshire of the same name ; fitted
for college under the instruction of Rev. Joseph Adams, of
Irwington, and ere graduation began the study of divinity,
but later changed it for the law ; commenced practice at
Greenland, but shortly removed to Portland. It is said of
him that with the largest practice in the State he had the
smallest income. In 1774 he was a Representative in the
assembly. His sympathies were with the people in the
struggle with the crown, but he dreaded the open breach
with the mother country ; was one of those who appeared
before Congress to remonstrate when the Congress of New
Digitized by VjOOQIC
JOHN PICKBRING, IX. D. 67
Hampshire voted to throw oflE the British yoke and to as-
sume self-government; removed to Exeter, where he was
chosen a delegate to the convention called to draft a Con-
stitution in 1778 ; returned to Portsmouth to reside, and in
1781 he was chosen a delegate to a similar convention ;
was an important factor in the adoption of the State Con-
stitution in 1783; was chosen a delegate to the convention
to frame a Constitution for the United States, which, how-
ever, he did not attend ; was a member of the convention
to ratifj' the Constitution of the United States held in
1788; was repeatedly chosen to the legislative bodies of
the State — ^the House and the Senate, as well as to the
Executive Committee.
In 1790, when John Langdon was made Senator of the
United Slates and resigned aii President of the State, Mr.
Pickering was made President of the State for the re-
mainder of the official year ; was appointed Chief Justice
of the Superior Court, and is said to have brought more
law-learning than any judge who had sat there before him;
served as Chief Justice until his appointment as Judge of
the United States District Court in February, 1795. His
mind became seriously impaired while in this position.
He had become a hypochondriac, so that in April, 1801,
the Circuit Court of the United States appointed one of its
members to serve during the inability of Judge Pickering.
His mind was still farther impaired so that the business of
the Court was practically suspended. His malady seems
not to have been well understood and there was no method
of relief, as the law then stood^ save impeachment, which,
strange as it may seem now, was resorted to, and he was
profarma impeached, although mentally destroyed. This
was a frightful commentary upon the intelligence of that
era.
Judge Pickering, before this visitation of mental afflic-
Digitized by VjOOQIC
68 SIMBON OI«COTT.
tioii) was a man of a peculiarly fine and symmetrical char-
acter ; was eloquent, judicious, witty, and a great favorite
with the people, who disliked the Bar in general; was
chairman of the committee to receive General Washington
at Portsmouth in 1789, and was happy and felicitous in
his address of welcome; was a member of the American
Academy of Arts and Sciences, and Dartmouth gave him
the degree of LL. D. He had one son and six daughters,
and died April 11, 1805, at Portsmouth.
SIMEON OLCOTT.
EX-CHIBF JUSTICE OF NEW HAMPSHIRE.
1795-1802.
Judge Olcott was a son of Timothy Olcott, Jr., and was
bom October i, 1735, at Bolton, Conn.; spent his early life
on a farm, but graduated at Yale, was admitted to the
Bar and commenced practice in Portsmouth, but removed,
in 1766, to Charleston, where his life was spent; was
elected to the General Assembly of the Province in 1772
and 1773, and served upon important committees. In
1773 he was appointed Probate Judge for Cheshire cotmty.
On December 25, 1784, he was appointed Chief Justice of
the Court of Common Pleas for Cheshire county; was
made a Judge of the Superior Court January 25, 1790,
and Chief Justice of the Superior Court March 28, 1795,
served as such till his election to the Senate of the United
States in 1801, and retired from active life at the close of
his term in 1805. He was not a.man of education, although
a graduate of Yale, was of simple life and tastes, and died
February 22, 1815, at Charleston, N. H.
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JEREMIAH SMITH, LL. D.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1802-1809. 1813-1816.
^ Chief Jnstice Jeremiali Smith was bom at Peterborough
November 19, 1759; was an ardent student from his youth;
enlisted under General Stark, fought at [Bennington and
was slightly wounded ; entered Harvard 'in 1777 and fin-
ished his Sophomore year there, then went to Queens (now
Rutgers) where he graduated in 1780, and was admitted to
the Bar in 1786. In 1787, 1788 and 1789 he served in
the Legislature ; was in the Constitutional Convention of
1791 and 1792; was first elected to Congress in 1790, took
his seat March, 1791, and held that oflSce by re-elections
till 1797, when he resigned. On retiring from Congress
he removed to Exeter, N. H., where he resided until
shortly before his death ; received the appointment for
United States District Attorney for New Hampshire in
1797 and served till 1800, when he was made Probate
Judge of Rockingham county. He here gathered material
for a work on Probate Law, which was not published till
after his death, in the volume of his "Decisions."
He was appointed one of the Circuit Court Judges of the
United States by President John Adams, for New Hamp-
shire. President Jefferson favored the repeal of the act
establishing that Court, which was superseded, and in 1802
he was chosen Chief Justice of the Superior Court, which
position he held until 1809, when he resigned to take the
position of Governor of the State, which he held only one
year and was not re-elected. He then resumed his prac-
tice at the bar, as a. leader, holding a commanding position
Digitized by VjOOQIC
70 ARTHUR I.IVBRHORK.
at th« bar with such antagonists as Daniel Webster and
Jeremiah Mason.
In 1813 he was re-appointed Chief Justice of the State
and held the position until 1816, when a new court was
organized and Judge Smith returned to his practice at the
bar, was leading counsel in the celebrated Dartmouth Col-
lege case, and, all in all, his name is remembered at the
bar as one of the most eminent of the early Judges of New
Hampshire. Dartmouth College gave him the degree of
LL. D. in 1804 and Harvard in 1807. His son, named
after him, later served as a judge of the same court Judge
.Smith died dt Dover, September 91, 1842.
ARTHUR LIVERMORE.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1809-1S13.
Judge Arthur Livermore was bom at Londonderry, July
26, 1766, studied Law with his brother, Edward S. Liver-
more, in Concord, and commenced practice there in 1792,
but moved to Chester in 1793. In 1794 and 1795 he was
elected representative to the General Court On December
6, 1796, he was named as Solicitor for Rockingham county
and served as such until 21, 1798, when he was
elevated to the Bench of the Superior Court He then
removed from Chester to Holdemess, and in 1809, on
resignation of Chief Justice Jeremiah Smith, he was made
Chief Justice.
When the Court was reorganized in 181 3, he remained
on the Bench as Associate Justice, and Judge Jeremiah
Smith was made Chief Justice. He was not rechosen in
1816, when his party came in power and legislated the re-
organized court out of office. He was, however, elected to
Congress in 1816 and reelected in i8i.8. In 1821-22 he
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WII^UAM MERCHANT RICHARDSON, IX. D. 71
WHS elected to the State Senate and i^ March, 1823, ^^
was re-elected to Congress for the third term ; was com-
HMSsioned Probate Jndge of Grafton county, July 5,1822,
but resigned the position in 1823. ^^ ^^^5 ^^ ^^ ^P*
pointed Chief Justice of the Court of Common Pleas and
held that office until 1833. He was a man of high temper
and was high-handed in official action, but he held the
oonfidence of bar and people, which continued for thirty*
five years, while he held public office.
WILLIAM MERCHANT RICHARDSON, LL. D.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1816-1838.
Chief Justice Richardson was bom at Pelham, January
4, 1774; early chose the life of a student and graduated at
Harvard in 1797 ^^^ honors; entered the office of Judge
Samuel Dana as a law student, and on admission to the
Bar became the law partner of Judge Dana,
He was chosen to Congress in 181 1, to fill a vacancy,
and was re-elected, but having no taste for political life,
resigned his seat In 1814 he was made United States
attorney for New Hampshire, and removed to Portsmouth,
and in 1816, on the reorganization of the courts. Governor
Plumer named him for Chief Justice and in a council politi-
cally divided, when party spirit ran high, he was unani-
mously confirmed. He served until 1838, and his influence
in placing the Judicial System of the State on a higher
plane, supplementing the work and influence of his prede-
cessor. Chief Justice Jeremiah Smith, cannot be too highly
appreciated.
The Reports of Decisions were inaugurated in his time.
He was a man of great general learning. He served as
Chairman of a Commission to revise the laws of the State ;
Digitized by VjOOQIC
72 JOEI* PARKER, IX. D.
supervised the publication of the cases included in the
early reports, and he prepared manuals of practice fbr
three chancery oflScers, viz., Justices of the Peace, Sheri£Ps
and Town officer's. Dartmouth College gave him tiie de-
gree of LL. D.; in 1827.
In 1819 he removed from Portsmouth to Chester whete
he spent the remainder of his life. He died at Chestei^
March 23, 1838.
JOEL PARKER, LL., D.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1838-1848.
Judge Parker was bom at Jeffi-ey, January 23, 1795, ^^
was the son of that Abel Parker who paid a comrade fiw
the privilege of fighting at Bunker Hill where he was badly
wounded.
Young Joel fitted for college at the Groton Academy,
Massachusetts, enlisted as a sophomore at Dartmouth, and
graduated at seventeen years of age. He studied law with
his brother Edmund at Amhurst, and in 182 1 he removed
to Columbus, Ohio, and was admitted to the Bar theie
in 1822, but he returned to Keene, N. H.
In 1824, 1825 ^^id 1826 he served in the Legislatme.
He was the author of the act conferring chancery poweis
on the Supreme Court, passed in 1832.
In 1833 he was made an Associate Justice of the Su-
perior Court, and in 1838 he was made Chief Justice, a
position which he filled until 1848.
In June, 1848, he took a chair in the Harvard Law
School, and removed to Cambridge, Mass., to reside.
Dartmouth gave him the degree of LL. D. in 1837, and
Harvard in 1848. He died at Cambridge, August 17, 1875.
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JOHN JAMES GILCHRIST, hh. D.
EX-CHIBF JUSTICE OF NEW HAMPSHIRE.
1849-1855.
Judge Gilchrist was bom at Medford, Mass., February
16^ 1809. His father was a Scotchman, settling at Med-
ford. He entered at Harvard and graduated from its Law
Sdiool. He formed a partnership with Henry Hubbard,
of Charleston, and engaged in practice. In 1836 and 1837
lie was in the L^slature, and in 1838 he was made a
R^fister of Probate.
In 1840 he was appointed Associate Justice of the Su-
pfctne Court.
He was the author of the Digest of New Hampshire
Reports that bears his name. In 1848, when Judge Parker
retired from the Bench, Judge Gilchrist was made Chief
Justice, with general approval.
In 1855, on the creation of the Court of Claims, Presi-
dent Pierce appointed Judge Gilchrist Chief Justice of that
Court, in which position he served and left the Bench of
fhe Supreme Court. Dartmouth made him aij LL. D. in
1852 a;nd Harvard in 1856. He died at Washington, D.
C, April 29, 1858.
ANDREW SALTER WOODS, LL. D.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
Judge Woods was bom at Bath, June 2, 1803. He was
frf Scotch Irish descent He graduated at Dartmouth, in
1825 J ^^ admitted to the Bar and practiced in the firm
of Goodell & Woods, at Bath, N. H.
Digitized by VjOOQIC
74 IRA PBRLBY, IX. D.
In 1840, he was made an Associate Judge of the Su-
perior Court
On the resignation of Judge Gilchrist, in 1855, to enter
the United States Court of Claims, Judge Woods was pro-
moted to the position of Chief Justice.
He was legislated put of office by the political change
in the State, which was not at all aimed at him, and in the
same year.
Dartmouth gave him the degree of LL. D., in 1852 ; re-
sumed the practice of the law at Bath, and died there June
30, 1863.
IRA PERLEY, LL. D.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1355-1859-
Judge Perley was born in Bradford, Mass., Nov. 9, 1799;
graduated at Dartmouth College in 1822 and was admitted
to the Bar in 1827 5 practiced Law at Hanover and at Con-
cord. In 1850 he was appointed an Associate Justice of
the Supreme Court, but resigned after two years* service.
On the re-organization of the Courts in 1855, he became
the Chief Justice of the Supreme Judicial Court and served
until 1859; when he resigned. In 1864 he was again ap-
pointed Chief Justice and served until he reached the age
of seventy in 1869. He was a scholarly man of excellent
repute. Dartmouth Conferred LL. D. upon him in 1852.
He died at Concord Feb. 26, 1874.
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SAMUEL DANA BELL, U.. D.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1859-1864.
Chief Justice Bell was a son of Samuel Bdl. Bom at
Francestown, October 9, 1798 ; graduated at Harvard iu
1816 ; was admitted to the Bar in 1819, and commenced
practice at Merideth, but removed after to Chester. In
1823 ^ ^^ made solicitor for Rockingham county, and
in 1825 ^^^ 1826 he served in the Legislature,
In 1827-8-9 he acted as commissioner on a Revision of
the Statutes of the State.
In 1828-1829 he was clerk of the House of representa-
tives, and in 1828 was re-appointed solicitor but declined
the office. He accepted the position of Cashier of the
Exeter Bank, in 1829, which he held until 1836, but, he,
finding this to interfere with his professional work, re-
moved to Concord. In 1839, having been appointed gen-
eral attorney of the corporation that controlled the land
and water power at Manchester, removed there in 1839.
In 1849 he served on the Commission to revise the General
Statutes of the State, which were adopted in 1842, and
are known as the ** Revised Statutes;" was appointed
Police Judge at Manchester, in 1846, when it became a
city. Two years later he was commissioned as Circuit
Judge of the Court of Common Pleas, and in 1849 he was
named as an Associate Judge of the Superior Court ; served
as such until 1859, when he was promoted to the place of
Chief Justice, which he filled until his resignation, in 1864;
was a member of the State Historical Society, and served
as vice-president for four years and president two years.
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76 JONATHAN B. SARGBNT.
Harvard conferred the degree of LL. "D. upon him. He
died at Manchester, July 31, 1868.
HENRY ADAMS BELLOWS, LL. D.
EX-CHIEF JUSTICE OP NEW HAMPSHIRE.
1869-1873.
Chief Justice Bellows was bom at Rockingham, Vt.,
October 25, 1803 ; he was self-educated save the public
schools at Walpole, Vt, and the Academy at Windsor, Vt
At twenty he entered the law office of Wm. C Bradley, of
Westminster, VL, and was admitted to the Bar at Walpole,
Vt, in 1826, and removed and settled in practice at Little-
ton, N. H., in 1828. In 1850 he removed to Concord. In
1839 he represented Littleton in the Legislature and Con-
cord in 1856 and 1857. .On Sept 23, 1859, ^^ ^^"^^ ^P"
pointed Associate Justice of the Supreme Judicial Court
On October i, 1869, he was made Chief Justice of that
Court and served until the close of his life. He died at
Concord March 11, 1873. Dartmouth conferred the degree
of LL. D. upon him in 1869. He stood very high in the
public esteem and r^;ard.
JOHNATHAN E. SARGENT.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1873-1874.
Judge Sargent was bom at New London, October 23,
1816. He was a graduate of Dartmouth Coll^;e in 1840.
He was admitted to the Bar in 1842 and practiced at
Canaan, Wentworth and Concord, where he died January
6, 1890. In 1844 he was made Solicitor for Graflon
County, and held that position ten years. He served in
the Legislature in 1851-2-3, and was Speaker of that
Digitized by VjOOQIC
Digitized by VjOOQIC
KX-CHIEF JUSTICES SUPREME COURT OF NEW HAMPSHIRE.
Hon. Lewis W. CLARK. Hon. Samuel Dana Bell.
189S. 1859-1864.
Hon. Charles Doe. Hon Alonzo P. Carpenter.
1876-1896. 1896-1898.
Hon. J. Everett Sargent. Hon. Henry A. Bellows.
1873-1874. 1869-1873.
I'toin advance sheets Supreme Couii of the States and Promnces of North America.
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HON. CHARLfiS DOK. 77
body twoyear^ In 1854 lie was a member of the Senate
and was president of that body. In April, 1855, lie was
made a Gircuit Justice of the Court of Common Pleas, and
served till that Court was abolished, in 1850. He was
then appointed Associate Justice of the Supreme Judicial
Court until in August, 1874, the last year and a half, as
Chief Justice. In 1874 he resumed practice of the law at
Concord, was in the Constitutional convention of 1876, and
in 1877 and 1878 in the State Legislature. He was Chair-
man of a committee to revise the laws in 1877, finally
adopted by the Legislature in 1878, known as the " Gen-
eral Laws." He was President of the State Historical
Society in 1888 and 1889. Dartmouth College gave him
the degree of LL. D. in 1869.
HON. CHARLES DOE.
EX-CHIEF JUSTICE OF NEW HAMPSHIRE.
1876-1896.
Hon. Charles Doe, late Chief Justice of New Hampshire,
was bom at Derry, N. H., April 11, 1830; graduated from
Dartmouth College in 1849 > studied law in the office ot
Daniel M. Christie, of Dover, N. H , and at the Harvard
Law School, and began practice at Dover, in January,
1854. September 23, 1859, when only twenty-nine years
of age, he was appointed an Associate Justice of the Su
preme Judicial Court, and so continued until the legisla-
tive abolition of that Court in 1874. July 22, 1976, he
was appointed Chief Justice of the newly established Su-
preme Court, and held this office until his sudden death,
March 9, 1896.
During the first seven years of his judicial life Judge
Doe was not conspicuously prominent in Law Term work.
His earliest opinions are to be iound in Vol. 39 of the New
Digitized by VjOOQIC
78 HON. CHABLBS DOB.
Hampshire Reports, bat his first contributions which ex-
cited general interest and commendation were the dissent-
ing opinions in two cases decided in 1866, viz., Boardimm
V. Woodman, 47 N. H. 140, and Kendall v. Brownson, 47 N.
H. 196. The view which he expressed in the first of these, as
to the admissibility of the opinions of non-expert witnesses
upon a question of sanity, after having been thrice re-
jected by a court of which he was a member, was finally
adopted, in Hardy v. Merrill, 56 N. H. 127, by a Court
from the membership of which he had been carefully ex-
cluded:
Had Judge Doe left the bench in 1866, his fame would
have rested almost entirely on the traditions of his work
at the Trial Terms. Here, he was, from the first, a re-
former ; his love of simplicity led him to abolish the mere
forms and ceremonies usually observed in court rooms ; but
there was no omission of any incident of procedure essen-
tial to the rights of suitors ; he insisted that cases should
be tried civilly, expeditiously, and upon their merits ; he
enforced the rule that witnesses in court were entitled to
respectful treatment from counsel, in spite of violent and
bitter opposition by leading members of the bar who were
wedded to the ancient style of cross-examination ; he
early resolved never to commit counsel for personal disre-
spect to himself, but taught unruly practitioners that there
were other effective methods of holding them in dieck.
In charging the jury. Judge Doe acted upon the maxim
that the principal object of speaking is to make yourself
understood. So far as practicable, he eschewed legs^.
phraseology, and clothed his instructions in language
easily within the comprehension of the men whom he ad-
dressed ; he did not confine himself to trying criminal
cases ; he sometimes investigated the preliminary qnestion
whether they ought to be tried ; and, if he came to a n^-
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HON. CHARIJCS DOK. 79
ative conclusioii, practically coerced the state's counsel
into entering a noL pros.^ or accepting a plea of guilty of
a minor ofFense. If the state's counsel declined to accede
to his view, he would sometimes bluntly refuse to try the
case.
The New Hampshire Reports subsequent to the 48th
volume are rich with opinions from the pen of Judge Doe.
Some of the most admirable are very brief, while others
are among the longest to be found in the books. In some
of his dissenting opinions, notably those in State v. Pike,
49 N. H. 408 ; and Hale v. Everett, 53 N. H. 133, he de-
sired to fully justify his dissent In other cases there was
a division in the Court, and the opinions which now ap-
pear as those of the whole Court were originally written to
convince his brethren of their error, and had the desired
eflfect. It was his practice, also, to answer in advance
questions not yet raised ; and even when he concurred in
results, he frequently preferred an original method of state-
ment and a new process of reasoning. No other judge has
so enriched the reports of his state with so many able
opinions, some of which compare favorably with the best
that have been promulgated in other jurisdictions.
Judge Doe regarded precedents as merely evidence of the
law to be weighed with other evidence. The fact that
one or more judges or courts have pronounced the law to
be thus and so, was of itself, in his mind, of very little con-
sequence. He looked to the reasons assigned for the judg-
ments. Any doctrine that tended to defeat rather than to
promote justice, he repudiated without hesitation, no
matter how ancient it might be, or by how many or how
able courts it had been sanctioned. His one controlling
desire was to do exact justice, and if this end could not be
accomplished save by setting at naught the *^ wisdom of
our ancestors " he was ready to go to that extremity. He
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80 HON. CHABMtS DOB.
had no veneration for old mistakes, no admiration for
ancient error.
The branch of the law which, more than any other, he
assisted in renovating and improving was that of pro-
cedure. With the concurrence of his associates, and the
general acquiescence and approval of the bar, he reformed
methods of legal procedure that had outlived their useful-
ness by a wise and liberal application of the principles of
the common law, until there is no jurisdiction in our
country, it is believed, where one's legal rights can be so
simply, cheaply and speedily established as in New Hamp-
shire. In this respect he accomplished, without the aid of
l^slation, what other states have sought, and have sig-
nally failed to obtain, by the enactment of codes. The
Supreme Court of New Hampshire, under the leadership
of Judge Doe, did not feel constrained to sit with folded
hands awaiting the enactment of a poorly drawn code.
Instead of this, the judges proceeded to simplify practice
by their own decisions, not merely by discouraging formal
objections, but by boldly declaring that " parties are en-
titled to the most just and convenient procedure that can
be invented," and by distinctly recognizing " the judicial
duty of allowing a convenient procedure as a necessary
instrument of the administration of the law of rights.'*
After making due allowance to others, it remains un-
deniable that credit for the improvements in New Hamp-
shire procedure should be given to Judge Doe more than to
any other person. His object and purpose in carrying on
this reform was to establish such rules of procedure that
the people, in the language of the Constitution, might ob-
tain justice ^^ freely without being obliged to purchase it,
completely and without any denial, promptly and without
delay." The result of his work is a flexibility of remedies
in New Hampshire not surpassed by any of the soK^alled
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HON. CHARI^KS DOB. 81
code States ; and, further, the absolute certainty that cases
will be decided on their merits, and that justice will not
be strangled in the net of form.
Judge Doe sat on the bench for thirty-five years — ^longer
than Marshall, Taney, Shaw, or any other whose name is
worthy of mention in connection with his. During these
years of service he labored unremittingly. With him the
consideration of a question of law was a full investigation
from every point of view, and inquiry ended only when
nothing remained to be considered. He had a remarkable
memory, the power of clear thinking, extraordinary quick-
ness of perception, and unusual facility of expression ; but
he did not rely upon these qualities to the exclusion of
patient investigation and industrious research. The special
task upon which he was engaged, whatever it was, always
took complete possession of him, often occupying his mind
by night almost as completely as by day. He was never
what is called a general reader. During his judicial career
he was indefatigable in research, nor were his studies con-
fided to law books ; but he never made use of literature as
a mental recreation.
For nearly twenty years Judge Doe was the official head
of the legal profession in New Hampshire. His great
mental powers remained unimpaired to the last moment of
his life ; and when he passed from earth he was, by the
general concensus of his contemporaries, the most eminent
lawyer, and, in the opinion of many, the foremost man of
his State.
Judge Doe may rightfully be styled the author and
father of what he has himself styled " The New Ham-
pshire Doctrine," as to the legal responsibility of the in-
sane. He led the decisions of the American State that re-
pudiated the law as administered in England, as formu-
lated by the English Judges after the McNaghton case,
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82 HON. AIX>NZO P. CA&PBNTBR.
attempting to make knowledge of right and wrong and the
ability to discriminate between right and wrong the legal
test of insanity. He overthrew in New Hampshire " the
right and wrong test or theory in insanity cases.
HON. ALONZO P. CARPENTER.
EX-CHIEP JUSTICE OF NEW HAMPSHIRE.
1896-1898.
Justice Carpenter was bom in Waterford, Vt, on Jan-
uary 22, 1829. He was fitted for college in the St Johns-
bury Academy, entered Williams College in 1845 and was
graduated in 1849. ^^ studied law at Bath, N. H., with
Ira Goodall, and was admitted to the Bar of the State in
1853. He practiced his profession continuously, residing
in Bath, from that time until his appointment to the
bench in 1881, in which time he was County Solicitor (the
prosecuting officer) for Grafton County, from 1863 to 1873.
Judge Carpenter was appointed a Justice of the Supreme
Court by Governor Charles H. Bell in September, 1881,
and held that place until his death. He was a Republi-
can, and at the time of his appointment to the bench was
one of the foremost lawyers of the State, if not one of the
leaders of the Bar.
In his judicial career he won much distinction, and
without any disparagement to his associates, it is the un-
questioned fact that he had pre-eminent qualifications for
his advancement. He was a most worthy occupant of the
position made famous by the unbroken line of distin-
guished Chief Justices, beginning with Jeremiah Smith
and ending with Charles Doe.
He was appointed Chief Justice by Governor Charles A
Busiel, to fill the vacancy caused by the death of the late
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. HON. ALONZO P. CARPBNTBR. 83
Chief Justice Charles Doe, on March 26, 1896, in response
to the almost unanimous voice of the Bar of the State.
He was a conspicuous ornament of the Supreme bench
of New Hampshire for the past quarter of a century, and
his judicial life was closely identified with the work of
that bench.
Judge Carpenter's name was prominently mentioned in
connection with the vacancy on the bench of the United
States Circuit Court, in the First Circuit, caused by the
resignation of Judge Lowell in 1884. His appointment
was urged with great vigor by the entire New Hampshire
Bar and a majority of the Suffolk County, Mass., Bar*
President Arthur, however, finally appointed Judge Colt, of
Rhode Island.
In addition to his legal qualifications. Justice Carpenter
was noted for his accurate and superior scholarship. He
was a wide reader of the best English authors and in most
of the modem languages. He was also a student of the
dead languages, as a matter of recreation, and one of the
most cultured men in New England.
He married Julia R. Goddall in Bath in 1852. Of their
five children, four are still living, among them Philip Car-
penter, who has practiced law in the city of New York for
the last eleven years, and who was in partnership with his
father one year before Judge Carpenter's appointment to
the bench.
His second daughter, Edith, the wife of Bond V. Thomas,
of Millville, N. .J, is the author of the prize story " Your
Money or Your Life," which won the third prize in the
competition created by *he New York Herald for the best
story.
The degree of LL. D. was conferred upon Judge Car-
penter by Williams College in 1889. He died while on
the bench at Concord May 21, 1898.
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SUPERIOR COURT OF JUDICATURE.
EDWAftD LAMBERT GUSHING, LL. D.
CHIBP JUSTICB SUPRBMB JUDICIAI. COURT OP N. H.
1874-1878.
Judge Cushiag was bom at Lunenburg, Mass., May 3,
1807. H^ graduated at Harvard in 1827 5 was admitted
in 1834; he did not commence practice until 1840, at
Charlestown. He was a nephew of Ashael Steams, author
of the ** Treatise on Real Action," and his brother, Luther
S. Gushing, was the author of " Gushing's Manual of Par-
liamentary Practice." He at one time took a prominent
position at the Bar. In 1850, 1852 and 1853 ^^ repre-
sented the town in the Legislature. In 1855 he was ap-
pointed one of the Gircuit Judges of the Gourt of Common
Pleas, which was shortly afterward abolished. He was
then tendered a seat on the Bench of the Common Pleas,
but declined it He resumed his practice at the Bar and
with great success, and on the re-organization of the Gourt
by the party to which he belonged, he was made Chief
Justice of the Superior Court of Judicature; he served
only two years, when parties having changed, the reorgan-
ization was again changed and his judicial career abruptly
terminated. It was regarded by the Bar as unfortunate,
but the change was the result of party contentions.
Judge Gushing was a man of high culture and literary
and musical taste. Harvard conferred the degree of LL.
D. upon him in 1875.
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KX-ASSOCIATE JUDGES SUPREME COURT OF NEW HAMPSHIRE.
Hon. Woodbury Langdon, Hon. Levi Woodbury.
1782— 17S3. 1816— 1823.
Hon Samuel Bell.
1816— 1S19.
Hon, Nathaniel G. Upham. Hon. Geo. W. Nbsmitb.
1S33— 1842. 1859—1870.
Front adToncc sfirrts Supfrnir Court of the States and Ptovinces of North America.
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SUPPLEMENT.
CIRCUIT COURT.
WILLIAM L. FOSTER, A^ M., LL. a
KZCHIEP JUSTICE CIRCUIT COURT AND ASSOCIATE JUSTICJI
SUPREME COURT OF NEW HAMPSHIRE.
1869-1874. 1876-1881. .
William Lawrence Foster was bom June i, 1823, ^*
Westminster, Vermont, and was the only son of John and
Sophia Willard Foster. Edmund Foster, his grandfather,
was bom at Groton, Mass., in 1754, graduated at Yale Col-
lege, studied for the ministry, and became quite prominent
as a preacher.
Through his paternal grandmother Judge Foster traced
his descent from the Robert Lawrence of Lancashire, Eng-
land, who was bom about the year 1150. Attending his
sovereign, Richard Coeur de Lion, in the war of the Cru-
sades in the Holy Land, he so distinguished himself in
the siege of Acre that he was knighted Sir Robert of Ash-
ton Hall.
John Foster, the father of Judge Foster, removed to Fitz-
william, N. H., in 1825, and from thence to Keene, N. H.,
in 1834, where he died February 7, 1854. He was a cap-
tain in the old New Hampshire militia, and was for many
years high sheriflf of the county of Cheshire.
Judge Foster, when a boy, attended the common schools
and afterwards studied in the Keene and Walpole acade-
mies. When about seventeen years of age he commenced
the study of law in the office of Levi Chamberlain, Esq.
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86 WILLIAM L. FOSTER.
In 1844 and 1845 ^^ attended the law school at Cambridge,
Mass. In 1845 he was admitted to the bar in Kcene, and
for a short time was in partnership with John N. Baxter,
and afterwards with Mr. Chamberlain. From 1845 ^
1849 he was postmaster at Keene. From 1849 to 1853 he
was a clerk of the New Hampshire senate ; was a member
of Governor Dinsmore's staff, with the rank of colonel, by
whom, in 1850, he was appointed state reporter, holding
that office until 1856.
During his term of office he edited Vols. 17 to 19, 21 to
31, inclusive, of the New Hampshire Reports.
In January, 1853, he married Harriet Morton, daughter
of Hon. Hamilton E. Perkins, of Hopkinton, N. H., who
survives him, and in April of that year he removed from
Keene to Concord, where he entered into partnership with
Col. John H. George. Hon. Charles P. Sanborn subse-
quently became a member of the firm, and upon Colonel
George's retirement therefrom in 1867, the partnership was
continued by Messrs. Foster and Sanborn until October,
1869.
Judge Foster was a member of the legislature in i86a
and 1863. In 1863 he received from Dartmouth College
the honorary degree of Master of Arts ; was appointed a
Judge of the Supreme Judicial Court October i, 1869, and
held that office until October i, 1874, when, upon the re-
organization of the courts, he was appointed Chief Justice
of the Circuit Court, with the late Judges Stanley and
Rand as associates. "October i, 1876, he was appointed a
Judge of the Supreme Court ; resigned that office July i,
1881, and resumed the practice of law, in which he con-
tinued until his death.
Judge Foster had the rare distinction ot having been a
distinguished, learned and brilliant lawyer, an eloquent
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WnXIAM L. FOSTER. 87
and accomplished advocate, as well as an honorable, im-
partial and able judge.
Although Judge Foster had naturally a remarkable facil-
ity of expression, he did not rely on this alone, but care-
fully and industriously prepared all his arguments before
juries and the court; as well as his addresses upon formal
occasions.
As a judge he presided at a trial fairly, ruled intelli-
gently, reserved exceptions honestly and clearly. As a law
judge he was always* desirous of hearing causes fully dis-
cussed by counsel and receiving from them, as he was en-
titled to, all the light they could give in the case, and at
the conclusion he investigated the questions thoroughly,
wrote an opinion in which his propositions were plainly
stated and amply sustained by reason and authority, and
his opinions stand as some of the classics of judicial liter-
ature.
His reported cases as counsel are contained in the New
Hampshire Reports, Vols. i8 to 20 inclusive, 25 to 30 in-
clusive, 32, 33, and 35 to 49 inclusive, 52, 61 to 66 inclu-
sive. Those cases number 168, and do not include his
work before inferior tribunals, or the United States courts,
in which he was an extensive practitioner.
His opinions as judge are contained in Vols. 49 to 60 in-
clusive, and 65 and 66. These number 243 and occupy
706 printed pages. He presided at 61 trials, covering a
period of 1,249 days, and attended about 150 days of law
term work ; presided at 396 jury trials, 16 homicide cases,
9 of which were for murder in the first degree, in four of
which the accused were sentenced to death, and three of
them were hanged.
No man was more honorable than he in his dealings
with his associates. His word once given, no written
statement of the fact was needed. His rulings as a mem-
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88 wnXIAM L. POSTBR.
bcr of the court were alwaj^ characterized by the same
fairness and courtesy which he had snown at the bar. He
was invariably popular and always loved by all with
whom he came in contact Master of a clear and easy
English style, his opinions, even when declaring some
plain and simple point of law, or when discussing some
more abstruse problem, were listened to with pleasure by
his hearers, and are read with profit and satisfaction. He
spared no pains to go to the bottom of any case which
came into his hands. He did not ask for or seek political
preferment Indeed, practical politics were distasteful to
him, and he was in every sense of the word a true lawyeL
He left surviving him the following children : Elizabeth
Bradbury, widow of Hon. Edgar H. Woodman; Mary
Bartlett, wife of Lieutenant Marshall ; William Hamilton
Foster, and Roger Elliott Foster.
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EX-ASSOCIATE JUDGES SUPREME COURT
OF THE PROVINCE OF NEW HAMP-
SHIRE FROM 1692 TO 1776.
ROBERT WADLEIGH.
BC-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1693-1697.
Robert Wadlcigh lived in Welles, Maine, in 1653, *^^
was town clerk there in 1659. In 1666 he settled at Wad-
leigh's Hall, now in Lee; in 1676 he was an inhabitant of
Exeter, where he resided the remainder of his life; in 1680
he was chosen a deputy to the Provincial Assembly, and
acted as its clerk. He was appointed a councillor by the
dty council, and served from 1684 to May, 1689; was
commissioned a justice of the peace in 1686, and in 1692
was an assistant in the court of common pleas. On Octo-
ber 30, 1693, ^^ ^^ appointed a judge of the Superior
Court, and served until April 27, 1697, when a new com-
mission was issued.
WILLIAM PARTRIDGE.
C-ASSOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
i^3->797.
Judge Partridge was a native of Portsmouth, bom in
^655* A shipwright of distinction, and a man of great per-
sonal popularity ; was Treasurer of the Province as early
as 1692, and in October, 1693, was made Associate Judge
of the Superior Court and served until 1697, when he was
appointed Lieutenant-Governor, to succeed Lieut-Gov.
Digitized by VjOOQIC
00 JOHN GBRRISH.
Ussher, who contested his appointment, but Partridge sue*
ceeded to the position and served until 1702, when he re-
moved to Newberry, Mass., and died there January 3,
1729, in the 75th year of his age.
JOB ALCOCK.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRS.
1697-1699.
Job Alcock was bom about 1640, at or near York, Me.,
where he was a lieutenant of the militia of that town in
1668, and afterwards captain. Under the second charter
of Massachusetts he was, in 1691, made a Councillor for
Maine, and later a Justice of the Court of Common Pleas
there. Williamson, in his History ofMcdne^ describes him
as "one of the ancient, most substantial and wealthy in-
habitants of York." He removed to Portsmouth, N. H.,
about 1692. In February, 1697, he was commissioned a
Justice of the Peace for the province of New Hampshire,
and in April, 1697, he was appointed an Associate Judge
of the Superior Court In February, 1699, a new com-
mission was issued, which terminated his connection with
that court. He died at Portsmouth in 17 16.
Note.— Charles H. Bell, in The Bench and Bar of New Han^shin,
says : "In some of the lists of jad^es that have been pnblished, the
name of Job Clements is given instead of Alcock. The latter, however,
is correct, as an Inspection of the original Conndl demonstrates." Hon.
J. W. Fellows, in his list furnished the editor, gives the name of this
judge as Job Clements, but we feel certain that Charles H. BeU is cor-
rect, and the list of judges should be corrected in that respect
JOHN GERRISH.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1697-1608. 1699-1714
John Gerrish was born May 15, 1646, probably in New-
berry, Mass., was living in Dover in 1660, and took the
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KINSLKY HALL, 01
oath of a freeman in 1669. In 1684 he was a deputy from
Dover to the Provincial Assembly, and at that time held
the rank of captain in command of a troop of horses in the
militia. In 1689 he was a member of the convention " To
resolve upon some method of Government," after Andro's
deposition. In 1692 he was appointed Councillor; in 1697
he was made a Judge of the Superior Court and served
until the next year; was again appointed in the commis-
sion of 1699, and served as an Associate Justice until his
death in 1714, although he attended court but once after
February, 1699, and that was in February, 17 13. The
records show that he was absent from August term, 1713,
by reason of sickness, and he seems to hav6 held his com-
mission although not attending the sessions of the court
KINSLEY HALL.
EX-ASSOGIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
169&-1699.
Judge Hall was born in 1652, probably at Dover ; his
father was one of the signers of the Combination in Exeter,
and the son resided there and was elected a selectman for
several years, town clerk, and served in the Provincial
Assembly as a deputy in 1694 and 1695 ; held a commis-
sion as captain and rendered very valuable military service
as such during King William's war ; also held a commis-
sion as a Justice of the Peace, and in 1698 was appointed
a Judge of the Superior Court and served as such until
1699. He died in Exeter in 1736.
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SHADRACH WALTON.
BX-ASSOCIATE JUSTICE SUPREME CX)URT OP NEW HAlfPSHIRE.
l698-i699.
Judge Walton -was the son of George Walton, one of the
signers of the Exeter Combination in 1639, who after-
wards moved to Great Island, where the Judge was bom
in 1658 and where he afterwards resided ; distinguished
himself in the Indian wars, rising to the dignity of Colo-
nel of New Hampshire forces, and was in service at the
reduction of Port Royal in 2710; was a man of property
and influence. In 1716 he was appointed to the council
and continued a member of it until his death, and the pres-
ident of the council tor some years before his death. In
1722 Governor Shute appointed him to the command of
the New Hampshire forces raised for the expedition
against Penobscot. Colonel Walton was a Judge of the
Court of Common Pleas from 1695 to 1698, and again
from 1716 to 1737. In 1698 he was appointed a Judge of
the Superior Court, and was superseded by the new com-
mission in 1699. He died October 3, 1741.
RICHARD HILTON.
BX-ASSOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1698-1699.
Richard Hilton was a son of Captain William Hilton, and
a grandson of Captain Edward Hilton, the emigrant ; lived
in that part of Bxeter which is now South Newmarket,
and in later life is said to have removed to Portsmouth ;
administered the estate of his father, and was a selectman
of Exeter seven of the years between 169a and 17 16. In
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THOttAS PACKBR. 93
1698 there was assigned to him a place for a pew in the
new meeting house, for himself, his wife, and four child-
ren. As early as the year 1700 he had a right of ferry
granted to him between Exeter and Stratham ; received
the appointment of Judge to the Superior Court in 1698,
and served something less than a year, when a change was
made. He was living in 1736.
MARK HUNKING.
BX-ASSOCIATS JUSTICB SUPREME COURT OF NEW HAMPSHIRE
17 1 2- 1 729.
Judge Hunking was born in Portsmouth May 17, 1670 ;
was a representative and speaker of the provincial assem-
bly. In 1 7 10 he was named as one of the council, and
kept his seat until 1728. In 171a he was commissioned a
judge of the Superior Court, and is supposed to have re-
mained in office until 1729, although the loss of the docket
of records of the court for a portion of that time renders
the date of his service uncertain ; was chosen the recorder
of the province in 1722, for three years, and re-elected in
1726; is supposed to have died about the year 1731. Chas.
H. Bell, in his Bench and Bar of New Hampshire^ states
that there were several contemporaries of Judge Hunking,
bearing the same name, and it is difficult to distinguish
the one from the others, and that it is impossible to make
any extended biographical sketch of him.
THOMAS PACKER.
BX-ASSOCIATS JUSTICB SUPREME COURT OF NEW HAMPSHIRE.
1717-1724.
Thomas Packer was bom in London, England, was ed-
ucated as a surgeon, and emigrated to this country while
a young man ; made a short stay in Salem, Mass., but re-
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94 JOHN FROST.
moved to Portsmouth, N. H., where he acquired distinc*
tinction, and practiced medicine and surgery, giving con-
siderable attention to public affairs ; was made a judge of
the court of common pleas, also a judge of probate, and
commissioned a lieutenant colonel in the militia ; was a
member, and also the speaker, of the house of the assem-
bly for some time and was, in 17 19, made a member of the
council, which commission he held to the time of his death;
was commissioned a judge of the Superior Court in Janu-
ary, l^l^f until his death in 1724.
PETER WEARE.
BX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1726-1730.
Judge Peter Weare was the son of Chief Justice Nathan-
iel Weare, was born in Newberry, Mass., November 16,
1660, and resided at Hampton, afterwards Hampton Palls;
held a seat in the council in 1698, but went out with Al-
len's government the next year ; was a lieutenant in the
militia, and afterwards rose to major and colonel ; was a
representative from Hampton from 1715 to 1728, and
speaker of the house in 1722 ; was appointed to the bench
of the Superior Court in 1726 and served until 1730.
JOHN FROST.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1724-1732-
John Frost was a son of Major Charles Frost, of Kittcry,
Me., and was bom March ist, 1682 ; was bred to the sea,
and it is said that at one time he was a commander of an
English ship of war ; was later a merchant in Newcastle,
and became a highly useful and prominent man in public
Digitized by VjOOQIC
NATHANIBI« WEARB* 95
affairs; resided at Kittery until 1701, when he removed to
Portsmouth. In 1723 he was appointed a councillor of the
province and served as such through his life. In 1724 he
was commissioned a Justice of the Superior Court to suc-
ceed Thomas Packer, and held this office until his death,
September 4, 1732. He married the sister of Sir William
Pepperell.
ANDREW WIGGIN.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1729-J732.
Judge Andrew Wiggin was the son of Andrew and
grandson of Captain Thomas Wiggin. He was born in
Squamscott, now Stratham, January 6th, 1672. He was
one of the selectmen in 1699, ^7^^ ^^^ ^7^4^ while
Squamscott was connected with Exeter; he then suc-
ceeded in having Stratham incorporated as a separate
town in 1716, and he was elected for a number of years as
its representative in the Assembly, and repeatendly held
the office of speaker (for the first time in 1728). He was
a man of very fixed opinions, and became embroiled with
Governor Belcher ; was appointed judge of the Superior
Court in 1729, and his commissioh is supposed to have run
to 1 732) though he only sat on the bench three terms,
beginning with the September term of 1729, He died
about 1756.
NATHANIEL WEARE.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
Judge Weare is understood to have been the son of Peter
Weare, and a grandson of the chief justice of that name. He
was bom in Newberry, Mass., and resided at Hampton
Digitized by VjOOQIC
96 NICHOLAS GILMAN.
Palls. In 1797 lie was a member of the assembly from
that place, and was elected and served as speaker ; in 1728,
on the new election of the honse of assembly, composed of
nearly the same persons, he was chosen speaker, and Lien-
tenant Governor Wentworth, with whom Mr. Weare had
had some differences, refused to approve the choice. The
house of the assembly demurred to Wentworth's authority,
and it was nine days before another speaker agreeable to
Wentworth, was chosen speaker. He was a leader of a
popular party, and for a number of years after 1728 was
re-elected a member of the assembly. He held a commis-
sion of judge of the Superior Court from 1730 to 1738.
The date of his death is uncertain. His will was made in
1738, and he probably died about 1740. His youngest
ion, Meshech Weare, became the chief justice of the Su-
perior Court, and the first President of New Hampshire
under the republican government.
NICHOLAS OILMAN.
BX-ASSOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1732-1740.
Judge Oilman was bom in Exeter on December 26, 167a,
and was a farmer and merchant, and a member of the as*
sembly in 1732. In 1729 he was made a judge of the
court of common pleas, and after serving one year, resigned
the office to give his attention to private affairs. In 173a
he was commissioned a judge of the Superior court, ac-
cepted it, and performed the duties until 1740, when he
resigned, and his son, Samuel Oilman, was appointed in
his place. He was a man of large property, and died in
1749-
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BENJAMIN GAMBLING.
-ASSOCIATE JUSTICE SUPREME COURT OP NEW HAMPSHIRm
i733-«737.
Judge Gambling was born in Roxbury, Massachusetts,
about the year 1681. He graduated from Harvard Col-
lege in 1702 ; in 1709 he resided at Portsmouth, and was
made clerk of the court of common pleas ; in 171 7 he was
made sheriff of the province of New Hampshire, and served
until 1728. He was representative in the house of assem-
bly in 1727 and 1728; in 1732 he was advanced to the
council, in which he served until his death ; was made
judge of probate in 1731, and was commissioned judge of
the Superior Court in 1733, which office he held until his
death, September ist, 1737.
JOSEPH SHERBURNE.
BX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAlLlPSHIRB.
i739-«740.
Judge Joseph Sherburne was one of the wealthiest citi-
zens of Portsmouth, who paid, in 1727, a tax, the fifth of
the amount in that township. He was born in 1680; in
1734, then holding the commission of lieutenant colonel,
he was made a member of the provincial council, and
served during the remainder of his life; was appointed
special justice of the court of common pleas repeatedly be-
tween the years 1733 ^^^ ^738 ; was made a judge of the
Superior Court in 1739, and held the office one year, and
died at Portsmouth December, 1744.
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THOMAS MILLET.
BX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1740-1742.
Judge Thomas Millet resided at Dover ; was a promi-
nent, active man, holding public positions for more than a
quarter of a century ; held the position of captain in the
militia, and was a member of the house of assembly from
1731 to 1758 continuously, with the exception of three or
four years. He was a selectman of Dover for some twenty
years, beginning with 1734 ; was very active in the pre-
parations for the expeditions against Lewisbourg in 1745,
and served as a judge of the Superior court from August,
1740, to August 1741. It is in doubt whether he acted
under a general or a special commission. His daughter,
Abagail, married Judge John Wentworth October 15, 1750.
SAMUEL OILMAN.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE
1740-1747.
Samuel Oilman, sou of Judge Nicholas Oilman, was
born at Exeter, Afay ist, 1698, and resided there during
his life. In 1732 he was commissioned a captain, and in
1755, a colonel in the militia, and in 1740 as a justice of the
peace. He was a hotel keeper by occupation, a man of
large means, and the owner of a number of negro slaves.
He was commissioned to the Superior Court Bench, in
1740, and served until 1747. He was a man of the high-
est character, and universally respected, and died January
30, 1785-
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JOTHAM ODIORNE.
BX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1742-1747-
Jothanif the son of John and Mary (Johnson) Odiornc,
was born at New Castle about the year 1675. He en-
gaged in the shipping business^ and prosecuted it with
success, and during his active life exerted much influence
as a leading public man. From 17 15 he was a represen-
tative in the assembly five or six years ; in 17 19 he was
commissioned a judge of the court of common pleas, and
continued in the ofiice until 1730. He was called to the
Provincial Council in 1724. Governor Benning Went-
worth appointed him, in 1742, a judge of the Superior
Court, and he retained his seat upon the bench until the
year before his death, which occurred in New Castle, Au-
gust 16, 1748. His wife was Sarah Bassum, and they had
three sons and four daughters.
THOMAS WALLINGFORD.
RX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
J747-I77I
Thomas Wallingford was born in Bradford, Mass., July
a8, 1697 ; removed early to New Hampshire, and rose as a
merchant, from small beginnings, in that part of Dover
which is now Summersworth, until he became one of the
wealthiest men in the province ; was one of the original
purchasers of Mason^s patent, thereby acquiring a great
landed interest in various townships of the province ; was
for a long period trusted with public afiFairs ; was a select-
man of Dover for eight years, moderator for iour years, and
Digitized by VjOOQIC
100 JOSEPH BLANCHARD.
representative in the assembly for six years ; held a com-
mission in the militia as colonel ; was appointed a judge oi
the Superior Court in 1747 and again in 1749, and held
that office to the time of his death, in Portsmouth, where
he had gone on a business visit, August 4, 1771.
JOSEPH BLANCHARD.
-A8SOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE
i749->758.
Judge Blanchard was born in Dunstable (now Nashua)
February 11, 1704 ; was a man of intelligence, great execu-
tive power, and for many years a leader in his section ol
the province, both in civil and military annals ; was the
first moderator of the town upon its organization under the
laws of New Hampshire in 1742 ; was elected representa-
tive from Dunstable in the general assembly in 1744, and
again in 1748, but was not allowed to take his seat by the
house, on the ground that his election was by virtue of the
governor's writ only, and not authorized by the house nor
by former usage ; held the commission qf colonel in 1744,
and represented Governor Wentworlh in regard to the In-
dian insurgents in the western part of the province, and in
1754 and 1755 served as colonel in the expedition against
Crown Point ; served under Sir William Johnston near
Fort George, and the companies under his command con-
tributed largely to the success of our arms ; was the agent
of the Masonian proprietors in their great land purchase in
1746 ; was commissioned a justice of the Superior Court
in 1749, and held his commission at his death, April 7,
1758, though he appears not to have attended court after
1756.
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LEVERETT HUBBARD.
8X-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1763-1784.
Leverett Hubbard was a son of Judge Nathaniel Hubbard
of the superior court of Massachusetts^ was bom in Rhode
Island in 1723, graduated at Harvard in 1742, studied law
in Rhode Island, went to Portsmouth, about 1760, to prac-
tice his profession, in 1762 was made comptroller of the
customs, and in 1763 Judge of the Superior Court He
served until 1784, when the state constitution was revised
and he was not re-appointed. He died in Portsmouth Jan-
uary a, 1793.
WILLIAM PARKER, A, M.
EX-ASSOOATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1771-1775.
Judge William Parker was bom at Portsmouth Decem-
ber 9, 1703, admitted to the bar in 1732, and practiced
law at Portsmouth, N. H.; was appointed r^strar probate
by Governor Belcher, and was also surrogate judge of ad-
miralty. In 1765 he was elected to the general assembly
of the state and re-elected annually until 1774. In 1771
he was appointed one of the judges of the Superior Court
of the province and served as such until the opening of
the revolutionary war, which terminated royal authority
there ; was made an A. M. in 1763 by Harvard Collie,
ptv mentis suis^ although he had never had a collegiate
education; married Elizabeth Grafton in 1728 and was
the father of eleven children, the oldest son, named after
Digitized by VjOOQIC
102 NATHANIRL THORNTON.
him, being a lawyer and a judge. The Hon. John P. Hale,
of Rochester, N. H., and Nathaniel Adams, of Portsmouth,
were his graudchildren. He died in Portsmouth, April
ai, 1781,
MATTHEW THORNTON.
EX-ASSOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1 776-1 782.
Judge Matthew Thornton was bom in Ireland in 1714,
his father bringing him to Wiscasset, Me., in his infancy ;
removed to Worchester, Mass., where he studied medicine,
and practiced as a physician in Londonderry, and in 1745
was appointed surgeon in the New Hampshire troops in
the expedition against Cape Breton. From 1758 to 1760,
inclusive, he represented Londonderry in the house of the
assembly ; held a commission as a justice of the peace, and
was appointed colonel of a militia regiment by Governor
John Winthrop ; was a member of the fourth and filth
provincial congresses, which shaped the destiny of New
Hampshire in the revolutionary movements, and was made
presiding officer in both bodies. In September, 1776, he
was appointed a delegate to the continental congress, but
did not take his seat till November, when he affixed his
name to the Declaration of Independence. In 1771 he was
appointed chief justice of the court of common pleas for
the county of Hillsborough. In 1776 he was commis-
sioned a judge of the Superior Court and served as such
until 1782 ; removed to Exeter in 1779 and retired to a
farm in Merrimac, where he lived during the remainder of
his life ; died at Newburghport, Mass., at the residence of
his daughter, June 24th, 1803, ^^ buried at Merrimac, &nd
upon his tombstone are inscribed the words: **The Honest
Man."
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JOHN WENTWORTH,
EX-ASSOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1776-1781.
Judge John Wcntworth was born March 30, 17 19, in
that part of Dover which afterwards became Somersworth,
and is now RoUingsford ; was made a selectman of Dover
in 1747, elected to representative in the house of the assem-
bly in 1749, and held both of these offi9es repeatedly after-
wards. After Somersworth was incorporated, he repre-
sented that town in the house of assembly in 1755, and
annually thereafter as long as the provincial government
lasted, and was speaker of the house from 177 1 up to and
during the year 1775 ; held the commission of lieutenant-
colonel in the militia as early as 1767, and was colonel of
the "Second Regiment of Foot " in 1772 ; was made chief
justice of the court of common pleas of Stratham county
on its organization in 1773, and held that office until 1775.
In 1774, on the first assembly of the people of New Hamp-
shire for the election of the delegates for the general con-
gress, Colonel Wentworth was chosen as chairman, as he
was also at the second and third provincial congresses.
When the revolutionary government of 1776 was organ-
ized, he was chosen a councillor and appointed a justice of
the Superior Court, both of which places he occupied as
long as he lived ; was the speaker of the provincial house
of the assembly, with the approval of the royal governor,
at the same time as he presided over the revolutionary
congresses, and a member of their most important commit-
tee, and maintained at this time the confidence of all par-
ties who believed in the honesty of his intentions. His
Digitized by VjOOQIC
104 WOODBURY LANGDON.
writings show him to have been a man of intelligent views
and a sincere patriot ; served as Justice of the Superior
Court from 1776 until his death at Sommersworth, May
17, 1781 ; married for his first wife a daughter of Judge
Nicholas Oilman, of Exeter, December 9, 1742, and for
his second wife Abigail, a daughter of Judge Thomas Mil-
let, of Dover, October 16, 1750, and June i, 1768, he mar-
ried Mrs. Elizabeth (Wallingford) Cole. His children, by
these marriages, numbered thirteen.
WOODBURY LANGDON.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1782-1783. 1786-179I.
Woodbury Langdon, of revolutionary memory, was bora
in Portsmouth in 1739. In his youth he entered the
counting room of Henry Sherburne, a distinguished mer-
chant ; made several voyages at sea, engaged in the mer-
cantile business, and being both enterprising and indus-
trious had, at the opening of the American revolution, ac-
cumulated some property, a considerable part of which was
in England ; sailed for that country to regain it and re-
turned, in 1777, to the city of New York, where he was
imprisoned by the British general ; returned to New
Hampshire after his release and was very active in the
patriot cause. In 1778 and 1779 ^^ ^^^'^^ ^ member of the
legislature of the state, and while there, was elected a dele-
gate to the continental congress ; served in that congress
in 1779, 1780 and 1781, and declined two subsequent elec-
tions. In 1782 he was made a justice of the Superior
Court, and after the service of one year resigned the office
and refused to resume it, although requested to do so by a
vote of the house ; was again appointed judge in 1786, ac-
cepted the place and held it about five years ; gave offence
Digitized by VjOOQIC
WILUAM WHIPPW. 105
by n^lecting to attend to the duties ; was waited upon by
a committee of the general court to know why he was not
more punctual in attendance as a judge, to whom he ex-
plained that the failure to provide permanent and honora-
ble salaries for the judges, and the frequent interference in
the legislature, in granting new trials: were not, in his
opinion, interferences calculated to make the judiciary
more efficient The house then proceeded to impeach
him, and he was ordered to appear for trial by the senate.
Both bodies ascertaining that they had no power to try the
impeachment, the matter was postponed for the next ses-
sion. Before that occurred, Judge Langdon was appointed
a commissioner to adjust Revolutionary claims, by the
President of the United States, and resigned his judgeship
in 1791. He was a man of great ability, independence,
decision of character, and was keen, sarcastic and thor-
oughly outspoken ; was very peremptory, unyielding, and
without any of the arts of acquiring popularity, but he had
fast friends, attracted by his ability, frankness, and direct-
ness ; had a strong sense of justice and a great contempt
for anything mean or underhand. He married the daugh-
ter of Henry Sherburne, they had nine children, and he
died in Portsmouth January 13, 1805.
WILLIAM WHIPPLE.
EX-ASSOaAT£ JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1783-1785.
Judge Whipple was bom in Kittery, Me., January 14,
1730 ; went early to sea, afler obtaining a common school
education, and before he came of age had command of a
vessel ; made many voyages to the West Indies, Europe,
and the coast of Africa, and at the age of 29 entered into
trade with his brother at Portsmouth, which pursuit he
Digitized by VjOOQIC
106 JOHN DUDLKY.
followed with success until about 1775 ; became a zealous
patriot and was frequently elected to offices on that side.
In 1775 he was a member of the provincial congress, be-
sides being placed upon a committee of safety oi his own
town and state. In 1776, on the adoption of the people's
constitution, he was chosen a councillor and again selected
as a delegate to the continental congress ; voted for and
was a signer of the Declaration of Independence ; served
in the continental congress until 1778 ; was selected to
command the brigades of the New Hampshire militia, and
in 1777, when Burgoync*s expedition was threatening New
England, he took his command to Saratoga, joined General
Gates, and served in that memorable campaign which re-
sulted in the capture of the British army ; was also in active
service in the field the next year under Gen. Sullivan, in his
Rhode Island campaign. After leaving congress he was
repeatedly chosen for the legislature of the state, and in
1782 was appointed a Judge of the Superior Court ; served
with acceptability until, after about three years, his failing
health obliged him to quit the bench in the midst of a cir-
cuit, and he died November 10, 1785.
JOHN DUDLEY.
BX-AS8OCIATK JUSTICB SUPREME COURT OF NEW HAMPSHIRE.
1784-1797.
Judge Dudley was bom in Exeter, April 9, 1725 ; did
not have, in his youth, even a common school education,
and was barely able to read ; entered into the trade of a
grocer in Exeter, and was successful. For five years, from
1760 to 1765, he was one of the selectmen of the town. In
1768 he was appointed a justice of the peace by the royal
governor ; became an ardent and active whig, and after the
news of the^armed collissiou at I<exington and Concord, in
Digitized by VjOOQIC
TIMOTHY PARRAS. 107
1775, it may be said that he devoted his time for the next
eight years to the cause of liberty ; was chosen to the pro-
vincial congresses in 1775 and was immediately recognized
as a leader. From 1775 to 1784 he was constantly in the
legislature, and in 1782 and 1783 he was speaker of the
house. From 1776 to 1784 he was one of the committee
of safety. In 1776 he was made a justice of the court of
common pleas and served until 1784, when he was pro-
moted to the Bench of the Superior Court He served as
an associate justice oi that court until his resignation in
1797. Though unlearned in the law, his judicial duties
were performed not only to the acceptance of suitors and
the public, but to the satisfaction of unprejudiced members
of the bar. His mental powers were vigorous, his judg-
ment rarely at fault;; took decided views and spared no
pains to enforce them from his jurors ; was the master of a
rude eloquence which was highly effective, but no one
questioned his perfect honesty. Chief Justice Sparsons
said, "Though we may smile at his law, and ridicule his
language, yet take him all in all, Dudley was the greatest
and best jndge I ever knew in New Hampshire," and Judge
Arthur Livermore said, "that justice was never better ad-
ministered in this state than when Dudley was on the
bench." He died in Raymond, May 21, 1805, at a good
old age.
TIMOTHY FARRAR.
EX-ASSOaATI JUSTICE SUPREliS COURT OF KSW HAMPSHIRE.
1791-1803.
Judge Farrar was bom in that part of Concord which is
now Lincoln, Mass., June 28, 1747 ; graduated from Har-
vard in 1767. In 1774 he was chosen first selectman and
town clerk of New Ipswich. In 1775 he received from the
Digitized by VjOOQIC
108 BBItNBZ9& THOMFSOH.
Revolutionary government the commission of judge of the
common pleas and also that of major in the militia; ac-
cepted both positions, though he did not distinguish him-
self as a military man ; was, from 1778 to his resignation
in 1782, a member of the convention for forming a more
complete state constitution and of the committee to draft
the instrument, and from 1779 to 1784 he was a councillor.
In March, 1791, he was appointed to the bench of the
Superior Court After serving five years he tendered his
resignation, but on the urgent request of the Executive he
was induced to withdraw it In i8oa he received the ap-
pointment of Chief Justice, but desiring that Judge Jere-
miah Smith should accept that office, and with the inten-
tion of quitting the Superior Court, he took no action upon
the appointment, but remained as Acting Chief Justice
until Judge Smith's acceptance later in the year. He then
retired from the superior court, was reinstated as judge of
court of common pleas, and resided there until 1813. On
the reorganization of that court in 1813, with wider juris-
diction, he was appointed chief justice of the court of com-
mon pleas and served as such until a political revolution
in 1819. He lived more than thirty years after quitting
the bench, and died in HoUis, at the home of a daughter,
February 20th, 1849.
EBENEZER THOMPSON.
SX-ASSOOATB JUSTICB SUPSEICB COUX.T OF NEW HAICPSHIRE.
1795-179^
Ebenezer Thompson was bom at Durham, March 5,
1737 ; studied medicine and practiced it until he became
engaged in political affairs. In 1765 he was chosen as
selectman of Durham, and re-elected for the next ten years.
In 1766 he was representative in the provincial legislature,
which position he filled until the Revolutioa He eariy
Digitized by VjOOQIC
DANI9I« NBWCOIOC. 109
espoused the patriot cause, and December, 1774, was one
of the party that dismantled Fort William and Mary, at
New Castle, of its ammunition. Governor Wentworth de-
prived him of his commission of justice of the peace for
this open act of resistance to the royal authority. He was
a delegate to the several provincial congresses elected by
the people between the breaking up of the royal govern-
ment and the adoption of the first written constitution in
1776, and was a member of the committee of safety from
May, 1775, to January, 1781 ; was chosen a member of the
council in 1776, and remained such until 1781. During
the Revolutionary period he was frequently placed upon
the most important committees ; was twice appointed dele-
gate to the continental congress, but declined the office.
Prom 1783 to 1787 he was clerk of the court of common
pleas in the county of Stratham, when, in 1787, he was
made one of the judges of that court In 1795 he was ap-
pointed to the Superior Court, but resigned after about a
year's service. ' In 1796 he was again appointed a judge of
the court of common pleas, and served as such until the
close of his life. In 179a he was an influential member of
the convention to revise the state constitution, and was a
presidential elector in 1792, 1796 and in 1800. He died
suddenly at Durham, August 14, 1802.
DANIEL NEWCOME.
-ASSOCIATK JUSTICB SUPREME COURT OF NEW HAMPSHIRE
1796-1798.
Judge Newcome was bom at Norton, Mass,, April 17,
1747 ; graduated at Harvard college in 1768; studied law
at Boston and was admitted there as an attorney in Octo-
ber, 1778, and the same year came to Keene, N. H., to
practice. In 1783 his practice was large and he became
a man of note and influence; was a member of the conven-
Digitized by VjOOQIC
110 BDWARD ST. LOB UVBRMORB.
lion to revise the constitution of the state in 1791 and
179a. In 1789 he was appointed solicitor of the county
of Cheshire, and in 1790 a judge of the court of common
pleas, but resigned October 2, 1793. In 1796 he was com-
missioned a Justice of the Superior Court and served until
his resignation in 1798. In 1795, 1800 and 1805 ^^ ^^ *
member of the state senate. He died at Keene, July 14,
1 818.
EDWARD ST. LOE LIVERMORE.
EX-ASSOCIATS JUSnCB StJPRSMB COURT OF NEW HAMPSHIBE
1797-1799-
Judge Livermore was a son of Chief Justice Samuel Liv-
ermore and was born at Portsmouth, April 17, 1762 ; was
admitted to the bar at Concord in 1783, where he com-
menced practice. After a few years he removed to Ports-
mouth, from which place he was chosen as a delegate to
revise the constitution of the state in 1791. February 15,
1791, he was appointed solicitor of Rockingham county,
serving not quite three years ; was appointed by the Presi-
dent of the United States, February 17, 1794, district at-
torney for New Hampshire, which office he held until June
7, 1797, when he resigned it; was then appointed, by the
governor of the state. Associate Justice of the Superior
Court, but after serving a little more than a year he re-
signed upon the ground of the inadequacy of the salary,
which was then no more than $800. In September, 1798,
President Adams appointed him naval officer for the port
of Portsmouth, which office he held until he was removed
by President Jeffin:son in 1802, when he removed from
Portsmouth to Newberryport, Mass., where he soon became
one of the leading members of the federal party in that
state; was chosen to the general court from Newberryport,
Digitized by VjOOQIC
PAINK WINGATE. Ill
Mass.^ and in 1807 was elected a representative in congress
and again re-elected in 1809, where he became a determined
opponent of Jefferson and his policy. About 1815 he went
with his family to Zanesville, Ohio, with the intention of
making a home there, but soon abandoned the idea and re-
turned to New England, bought a beautiful farm in Tewks-
bury, Mass., near the confluence of the Concord with the
Merrimac river, where he spent the remainder of his life.
His son became a lawyer in I/>uisiana and was the author
of the text-book, "Livermore on Agency." One of his
daughters married Judge J. G. Abbott, of Massachusetts.
He died at Lowell, Mass., September 15, 183a.
PAINE WINGATE.
BX-ABSOaATE JUSTICE SUPREME COITRT OF NEW HAMPSHIRE.
1798-1809.
Judge Wingate was bom in Amesbury, May 14, 1739 ;
graduated from Harvard in 1759, and prepared for the min-
istry. In 1763 he was ordained over the church at Hamp-
ton Falls, from which he was dismissed in 1776, after some
disagreement with his parish, and removed to a farm in
Stratham ; was chosen a delegate from Hampton Falls to
the fourth provincial congress. In 1776 he was one of the
forty-two men in Stratham who refused to sign the associ-
ation test In 1 781 he was chosen a delegate to the con-
vention to form a system of government, which, after re-
peated sessions, produced a constitution that was adopted
in 1783. In 1783 and 1795 he was a representative of
Stratham in the state legislature. In 1787 and 1788 he
was a member of the continental congress. In 1789 he was
chosen as senator of the United States and took part in the
opening of the new national government under the consti-
tution. He drew the short term as senator, ending in
Digitized by VjOOQIC
112 WILUAM KING ATKINSON.
1793, whereupon he was chosen for the lower house of
congress, and served four years in that body. In 1798 he
accepted the appointment of Judge of the Superior Court
and served until he had reached the constitutional limit of
age in 1809. After retiring to private Hfe he passed neariy
thirty years in agricultural pursuits, when he died, March
30, 1838.
WILLIAM KING ATKINSON.
EX-ASSOCIATB JUSTICB SUPREME COURT OF NEW HAMPSHIRE.
1803-1805.
Judge Atkinson was bom in Portsmouth January 6,
1765; graduated at Harvard in 1783; studied law with
Judge John Pickering in Portsmouth, whose daughter he
married September 3, 1788, and settled in Dover, which
became his permanent home. He took the sur-name of
Atkinson under his uncle's will, who bequeathed him a
valuable estate upon the condition of his taking the sur-
name of Atkinson, which he did and had the adoption
sanctioned by an act of the legislature, (he being the son
of William King and named after his father). About this
time he was appointed register of probate for Stratham
county, and the next year was appointed first solicitor fof
Stratham county. In the year 1803 ^^ ^^*s appointed a
Justice of the Superior Court of Judicature, and served
about two and a half years, when he resigned his commis-
sion under the following circumstances : He had continued
to exercise the duties of the office of register of probate
after his coming upon the bench, and had not resigned his
appointment of county solicitor, although it is not plain
that he ever assumed to act as such while he was judge,
and his retaining these offices was severely criticised by
the attorney general, Mr. Mason, and by others. In June,
Digitized by VjOOQIC
ttlCHARD KVANS. 118
1805, ^^^ legislature had increased the salary of the chief
justice from $1000 to $1500 a year, because the Hon. Jere-
miah Smith had declared that he could not afiEord to hold
the appointment of chief justice for a less salary. Judge
Atkinson memorialized the legislature in the autumn of
that year, stating that his salary of $800 was inadequate,
and asking that it be enlarged, intimating that he could
not retain the position at the then present salary. / The
legislature adjourned without granting his request, and he
resigned. In February, 1807, he was appointed, by the
governor, attorney general of the state, which he held for
about five years. After the expiration of the term as attor-
ney general he resumed his practice at the bar, continuing
to exercise the duties of the office of register of probate
until about a year before his death. He died September
2% 182a
RICHARD EVANS.
BX-ASSOCIATS JUSTICE SUPBEMB COUST OF NEW HAMPSHIRE.
1809-1813.
Rihcard Evans was of Welsh descent and in early life
was in trade as a merchant ; was without the benefit of a
classical education, but took a great interest in politics and
in acquiring useful knowledge; was elected to the state
legislature from 1805 to 1809, and became a leader of his
party ; was one of the founders of the journal, established in
1808, at Concord, called the American Patriot^ which was
afterwards acquired by Isaac Hill and became, under the
name of the New Hampshire Patriot^ the most influential
paper in the state. He then commenced a course of read-
ing of law, with the view to qualify himself for practice,
without entering the office of any practicing lawyer, and
in 1809 Governor Langdon, who was his personal friend,
Digitized by VjOOQIC
114 RiCHARD BVANS.
appointed him a Justice of the Superior Court This gave
offence to the bar of the state, which at that time embraced
some men of great ability, and the abler lawyers (especially
of the opposite political party) made it their business to
worry the Judge by pleas in abatement^ special demurrers^
and other legal technicalities, which made Judge Evans'
life a burden to him, from which his health at last suffered
so that he became unable to meet the requirements of his
judicial position. Pour years after his appointment the
opposing party, coming into power, repealed the law estab-
lishing the superior court and created a supreme court in
its stead, for the well-known purpose of disposing of ob-
noxious judges. Chief Justice Arthur Livermore was ap-
pointed upon the new bench. Judges Evans and Clagett
attempted to resist the new law, but the people sustained the
movement and in 1816, when the opposition again came into
power, the judiciary law of 1813 was repealed, and they
shared the fate of their successors in being removed by ad-
dress, and an entirely new set of judges was nominated.
Judge Evans then presented to the legislature, at the June
session of 1816, a memorial reciting his condition and
prayed for the payment of his salary as judge from 1813 to
1816. This legislature had treated the judiciary act of
1 81 3 as a nullity and had recognized the tenure of office
of the judges of the old court as valid, and he was clearly
entitled to his salary, but the legislative committee, un-
willing to pay the judges who had been removed when all
the business had been transacted by the new court, post-
poned the consideration of the memorial to the next l^is-
lature, and before that time he had died. This was the
last instance, in the state of New Hampshire, of the ap-
pointment of a non-protessional man to the position of
judge of the highest court in the state. He married a
daughter of Chief Justice Samuel Penhallow, of Ports-
Digitized by VjOOQIC
JONAT^HAN STESI^K. Il6
mouth, and was the father of Richard S. Evans, of the bar.
He died at Hopkinton, July 8, 1816.
JONATHAN STEELE.
HX-ASSOCIATX JUSTICE SUPREME COURT OF NSW HAMPSHIRE.
1810-1812.
Judge Steele was bom in Londonderry, September 3,
1760; studied law at Durham, was admitted to the bar in
1787, and practiced in Durham; was a son-in-law of
United States Judge John Sullivan, of the New Hampshire
district, by whom, in 1789, he was appointed clerk of that
court, and he was re-appointed by Judge John Pickering,
who succeeded Judge Sullivan. When Judge Pickering
was removed from the judgeship, Steele, who had been one
of the witnesses against him, was tendered the appoint-
ment of United States district attorney, but declined to
accept it for the reason that he was unwilling to profit by
the misfortune of his former chief, (to which he had been
made to contribute by his testimony). In 1804 he was
elected one of the presidential electors from New Hamp-
shire and in 1805 represented Durham in the state legisla-
ture. In 1810 he was appointed, by Governor Jeremiah
Smith, to a place on the bench of the Superior Court, in
which position he served only two years and then resigned
because he regarded the situation as uncongenial and his
salary insufficient ; retired and was considered one of the
leaders of the bar, but he substantially abandoned his pro-
fession, became unsocial, and withdrew from intercourse
with his fellow men. He died at Durham, September
a3, 1824-
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CLIFTON CLAGETT.
BX-CHIBF JUSTICE OF NEW HAMPSHIRE.
1812-1813.
Judge Clagett was bom at Portsmouth, December 3,
1762 ; was bred for the bar under his father and began
practice in Litchfield as early as 1784, where he resided
until 1811, when he went to Amherst, which he made his
subsequent home ; was repeatedly elected a representative
in the general court from Litchfield, and was returned
from Amherst in 1816. In 1802 he served in the congress
of the United States; also in 1816 and 1818. In 1810 he
was appointed judge of probate for Hillsborough county,
and resigned that office on being commissioned a Judge of
the Superior Court in 181 2 ; held that position only one
year when, by the act of 1813, the judiciary of the state
was reorganized and the superior court was abolished. In
1823 ^^ ^^ again made judge of probate of Hillsboiough
county and served as such through the remainder of his
life. When, in 1816, the success of the republican party
enabled the legislature to restore the superior court, Judge
Clagett was not re-appointed, and Governor Plumer, who
appointed him originally, has left it on record that he
made the appointment with reluctance because he did not
consider him suitable for the place. It is apparent that
the personnel of the court wj^s the controlling motive of
the legislature in making the change in 1813. That there
was no question of his honesty and rectitude was apparent
from the fact that he was appointed and served as judge of
probate throughout his life. He died at Amherst, January
25, 1829.
Digitized by VjOOQIC
CALEB ELLIS.
SX-ASSOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1813-1816.
Judge Ellis was bom at Walpole, Mass., in 1767 ; gradu-
ated at Harvard in 1793 ; studied law under John Davis at
Plymouth, Mass., was admitted to the bar and commenced
practice at Newport, about 1796 ; settled in Barmouth
probably before 1800 ; was elected to the legislature in
1803 ; member of U. S. congress in 1804 ; councillor in
1809-10; state senator in 181 1 ; presidential elector in
1812. In 1813 he was appointed, with the approval of all
parties, a Justice ot the Supreme Court, an honor which he
had declined three years previously. The term of his judi-
cial service and usefulness terminated by his premature
death, which occurred at Claremont, May 9, 1816. He
was held in high esteem. Judge Jeremiah Smith pro-
nounced a eulogy upon his character, and he seems to have
been universally esteemed, and his death was the cause of
widespread mourning, public and private.
SAMUEL BELL, LL. D.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1816-1819.
Samuel Bell was born at Londonderry, February 8,
1770; was a descendant of one of the early Scotch-Irish
settlers, brought up on his father's farm, and entered Dart-
mouth as a sophomore in 1790; graduated in 1793 ; en-
tered the ofiSce of Samuel Gaynor, of Amherst ; was admit-
ted in 1796, and commenced practice of the law in Frances-
town ; represented that place in the legislature in 1804 and
Digitized by VjOOQIC
118 SAMtJBI« BALL.
the two succeeding years, in both of which he was elected
speaker. In 1807 he was tendered the attorney-general-
ship of the state and declined it. In 1807 ^^^ ^808 he
was chosen to the state senate and was made president of
that body in both years, and in 1813 he served as member
of the executive council. In 1806 he had transferred his
residence from Francestown to Amherst, and about 181 1
he removed from Amherst to Chester. Failing in health,
he was compelled to stop all business and devote himself
to regaining physical strength. After two years he re-
sumed professional work at Chester. In 181 6 he was made
a Justice of the Supreme Court and served three years.
In 1 81 9 he was elected governor of the state and was re-
elected for the next term. In 1823^ when his term expired
as governor, he was elected senator of the United States,
and at the expiration of his first term was re-elected, serv-
ing twelve years in the United States senate, from which
h^ retired in 1835, and ceased from political and profes-
sional pursuits. Judge Bell was a friend of Daniel Webster
and a man of the highest character and standing in his
state, holding most responsible positions in public life for
more than thirty years, and fully entitled to the confidence
of the public, which he certainly enjoyed. He spent the
evening of his life in Chester. Bowdoin College conferred
the degree of LL. D. upon him in 1821. His first wife
was a daughter of the Hon. Samuel Gaynor, of Amherst ;
his second wife was a daughter of Jonathan Smith, of Am-
herst He was the father of Samuel Dana Bell, afterwards
chief justice of the supreme court, and four of his sons be-
came lawyers of prominence and distinction. He died at
Chester, December 23, 1850.
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LEVI WOODBURY, LL. D.
KX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1816-1823.
Judge Woodbury was born at Francestown, December
22d, 1789; he graduated at Dartmouth College in 1809;
studied law with Jeremiah Smith, at Exeter, Samuel Gay-
nor, of Boston, and the Litchfield Law School, of Con-
necticut ; was admitted in 181 2, and began practice in his
native town. In 18 16 he was chosen clerk in the New
Hampshire Senate, which brought his abilities to the at-
tention of the Executive, and he was in that year appointed
by Governor Plumer associate justice of the Superior
Court, when he was only twenty-seven years of age, and
the youngest man who has ever been designated for that
place; he served as judge about six years with great
acceptance, and then, in 1819, removed to Ports-
mouth. In 1823 h^ ^^ elected Governor of the State,
and retired from the bench ; he served a year, and then
resumed the practice of the law at Portsmouth. In 1825
he represented Portsmouth in the legislature ; was chosen
Speaker of the House, and later senator of the United
States. In 1831 he was made Secretary of the Navy, and
served three years, when he was appointed Secretary of the
Treasury, in which office he served seven years ; he was, in
the meantime, tendered the appointment ot Chief Justice
of New Hampshire. In 1841 the legislature again elected
him United States Senator ; he remained in the United
States Senate until 1845, when he was tendered the Eng-
lish Embassy, which he declined, and was then appointed
an associated justice of the Supreme Court of the United
States. He served on that bench until his death, at Ports-
Digitized by VjOOQIC
120 JOHN HARRIS.
mouth, September 4, 1851. He was made a Doctor of
Laws by Dartmouth in 1823, ^^^ ^^^ Weslyan University,
twenty years later. Perhaps there has been in no state oi
the American Union a more conspicuous example of suc-
cess in public life than attended the career of Judge Wood-
bury, from the commencement of his student life until the
day of his death. He published three volumes of his
writings, and he was the father of Charles Levi Woodbury,
of Boston.
SAMUEL GREEN.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRB,
18 19-1840.
Judge Samuel Green was born at Concord, March 7,
1770. He was admitted to the bar in 1793 ; commenced
practice at Concord, and was a member of the legislature
in 1806-7-8. On the resignation of Samuel Bell, in 1819,
he was appointed a judge of the Superior Court, and
served continuously until 1840, when his term expired by
the age limitation. He was a highly respectable judge,
though not a man of eminence. After retiring from the
bench he accepted a position in one of the departments at
the National Capital, at Washington, being a widower,
and passed the remainder of his life in that city. He died
at Washington, D. C, March 12, 1851.
JOHN HARRIS.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1823-1833.
Judge Harris was bom at Harvard, Mass., October 13,
1769; graduated at Harvard in 1791; was admitted to the
bar in 1794 and commenced the practice of the law at
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JOHN HARRIS. 121
Hopkinton; served as postmaster of that town from 1810
to 1825, ^^^ ^s judge of probate of the county of Hillsbor-
ough from 1812 till the organization of the county of Mer-
rimac in 1823. ^^ ^816 he was tendered the commission
of justice of the superior court, but declined it In 1817
he accepted the appointment of county solicitor and served
for six years. In 1823 ^^ ^^^ appointed to the bench of
the Superior Court and served there until 1833 when he
was removed from it by the executive on a legislative ad-
dress, but was at once placed in the post of probate judge
of the county of Merrimac, and served in that office until
he reached the constitutional limit of age, being 70 years.
Judge Harris was not an advocate and he had none of the
arts by which popular favor is won. His judicial honors
had been bestowed upon him by his party opponents, which
are evidence of his ability and integrity, but he had an-
gered his townsmen by injudicious utterances and by cast-
ing his vote, as. chairman of the legislative committee, (be-
ing the casting vote in favor of Concord for the location of
the state capitol, and against his own town of Hopkinton).
As a judge of the Superior Court he failed to inspire confi-
dence in others, because he lacked confidence in himself.
His removal was a very harsh proceeding, but his integrity
and ability were recognized by his appointment to another
position better suited to his inclinations and his powers.
On December 20, 1820, he, with Charles H. Atherton,
were named a committee to revise the probate laws of the
state, a work which they performed so successfully that
they have been scarcely changed since. He died, at Hop-
kinton April 23, 1845.
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NATHANIEL GOOKIN UPHAM, LL. D.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1833-1842.
Judge Upham was bom at Deerfield, January 8, 1801;
was educated at Phillips-Exeter Academy and graduated
at Dartmouth in 1820; was admitted to the bar, began
practice in Bristol, and removed to Concord in 1827. -^.t
the early age of 32 years he was appointed a judge of the
Superior Court; served ten years upon the bench; was a
man of superior business attainments and was tendered the
position of superintendent of the Concord railroad, to ac-
cept which he resigned his judicial position. Judge Up-
ham was so successful as superintendent of the road that
he was chosen president of the corporation, and remained
with the Concord railroad up to 1866. In 1850 he was a
delegate to the convention to revise the constitution of the
state. In 1853 President Pierce appointed him as a com-
missioner, on the part of the United States, to adjust claims
between citizens of this country and Great Britain, and
between citizens of Great Britain and the United States-
As such, with the English commissioner appointed by the
British government, this commission settled claims of sev-
eral millions of dollars satisfactorily. In 1862 he was
chosen for a similar service upon a commission of claims
between this country and New Grenada. In 1865 and 1866
he served in the legislature. Judge Upham was a man of
great industry and had considerable literary attainments;
was the president of the New Hampshire Historical So-
ciety, and was universally respected. He died at Concord
December 11, 1869.
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LEONARD WILCOX.
BX-ASSOCIAtE justice supreme court of new HAMPSHIRE.
1838-1840. 1848-1850.
Judge Wilcox was born at Hanover, January 29, 1790;
graduated from Dartmouth at the early age of eighteen
years with high rank as a scholar, and began practice at
Oxford about 1820. He was prominent in politics, and
represented Orford in the legislature for seven years. So
highly were his legislative abilities esteemed, that in
March, 1842, on the resignation by Franklin Pierce, of his
seat in the Senate of the United States, that he was ap-
pointed by Governor Hubbard to fill that vacancy, and the
legislature, in the succeeding June, elected him to fill out
the unexpired term, which ended in March, 1843. Prior
to this, June 13, 1838, he had received the appointment of
justice of the Superior Court, but by reason of illness had
resigned the office on September 29, 1840. On the restor-
ation of his health, he was appointed circuit justice of the
court of common pleas in December, 1847, ^^^ ^^ June 26,
1848, was appointed judge of the Superior Court He
died at Orford June 15, 1850, when he had nearly reached
the age limit of service. He left three sons, all of whom
are graduates of Dartmouth, and members of the bar.
IRA ALLEN EASTMAN, LL. D.
BX-ASSOCTATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1849-1859.
Judge Eastman was born at Gilmantown' Januaryjist,
1809; graduated at Dartmouth in 1829; studied law with
John Willard,rat^Troy,' N. Y.; was admitted to the^^New
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124 GBORGE TBATON SAWYftE.
York Bar, and commenced practice there in 1832. In
1834 he returned to his native town and resumed the prac-
tice; in 1835 he was chosen clerk of the State Senate, but
did not serve; in 1836 he represented Gilmantown in the
general court, and was re-elected the next two years, in
both of which he was chosen speaker, and was appointed
registrar of probate in 1839, ^^^ served four years, when
he was elected to the Congress of the United States where
he served four years. In 1844 ^^ ^^ commissioned a
circuit justice of the court of common pleas, and after a
service of five years in that court, was promoted to be a
justice of the Superior Court, serving as such until 1859,
when he resigned. Judge Eastman removed to Concord
in 1853, and in 1858 to Manchester. He resumed the
practice of the law after leaving the bench. He was the
candidate of his party for the governorship in 1863, and
for the United States senatorship in 1866, but in neither
case was his party in the majority. He had the advan-
tage of a fine personage, and he was considered, when
Speaker of the House, as the handsomest man in that
body. The state reports of New Hampshire contain a
large number of well considered opinions from his bench,
Dartmouth College confered the degree of LL. D. upon
him in 1858, and the following year he was chosen a trus-
tee of that institution, and acted as such up to the day of
his death, which occurred at Manchester, March 21, 1881.
GEORGE YEATON SAWYER.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1855-1859.
Judge Sawyer was born at Wakefield December 5, 1805;
he graduated at Bowdoin College in 1826; was admitted
to the bar and commenced practice at Meredith in 183a
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GBORGB YBATON SAWYBR. 126
After practicing there four years he removed to Nashua,
where he became a partner of his uncle, Aaron S. Sawyer,
and immediately entered into a large and lucrative prac-
tice. He was elected to the legislature in 1839-40-41
and again repeatedly in later life. In 1866 he was chair-
man of the committee on judiciary, and in 1875 he was
chairman of a special committee to consider the system ot
taxation. In 1865 he was appointed a commissioner with
Samuel D. Bell and Asa Fowler, to revise the laws of the
state. The illness of Judge Bell threw the work upon
Judges Sawyer and Fowler. Their report was adopted,
with very slight modifications, by the legislature in 1867,
and was highly approved. He was made city solicitor of
Nashua in 1862-3-4, and again in 1873-74; he was also
appointed by the court to perform the duties of county so-
licitor, during the absence of that ofiScer in the army; he
was twice placed upon the judicial bench, first as a circuit
justice of the court of common pleas, July .7, 1851, from
which he resigned September 17, 1854. He was ap-
pointed justice of the supreme judicial court July 20, 1855;
he served until November ist, 1859, when he resigned for
the reason that his private practice was more lucrative and
less exacting. President Pierce tendered him the gover-
norship of a territory, although not of the same political
party, which Judge Sawyer declined. As a lawyer Judge
Sawyer stood in the highest rank, and he was in the front
rank of the New Hampshire bar as an advocate. He died
at Nashua June 15, 1882.
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ASA FOWLER.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1855-1861.
Asa Fowler was bom at Pembroke, January 3, 1811;
graduated at Dartmouth in 1833 ; was admitted to tbe bar
in 1837 ; began practice of the law at Concord and after a
year and a half became a partner of ex-President Franklin
Pierce; was subsequently senior partner of John Y. Mug-
ridge, and with Hon. Wm. E. Chandler, but each for a
short time; was elected to the clerkship of the senate in
1835, and served in that ofiSce until 1841. In 1845, ^847,
1848, 1871 and 1872 he was a representative in the legis-
lature, and the last of those years speaker. On August i,
1855, ^^ "^^ appointed a justice of the Superior Court and
served five and a half years, when he resigned in 1861 and
accepted the solicitorship of Merrimac county, serving un-
til 1865, when he was selected as one of the three commis-
sioners to make a revision of the state laws. This duty
occupied him for two years. In 1861 he was appointed
delegate to the peace congress at Washington, D^ C; was
a member of the school committee and of the board of
education of Concord for about twenty years ; was a di-
rector oi the State Capitol Bank; president of the First
National Bank, and of the Manchester and Lawrence Rail-
road ; led a very active, untiring and laborious public life,
devoted to professional pursuits, for more than forty years,
and in his later days gave attention to literary pursuits,
social enjoyments, and travel. Of his four sons, three be-
came lawyers. He died at San Rafael, California, April
26, 1885.
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GEORGE WASHINGTON NESMITH, LL. D.
EX-ASSOaAT£ JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1859-1870.
Judge Ncsmith was born at Antrim, October 23, 1800 ;
graduated ^t Dartmouth in 1820; was admitted to the
bar in 1825, and was very successful in his practice and
popular with the people ; was chosen a representative in
the legislature not less than fifteen times, beginning with
1830 and ending with 1872; was a delegate to the consti-
tutional convention in 1850, and a presidential elector in
1858; held many positions of trust. At the time of his
death he was the president of the Franklin Savings Bank,
of which he had b?en a director since 1869; ^ trustee ot
Dartmouth College, which he had been since 1858; presi-
dent of the New Hampshire Agricultural College, of which
he had been a trustee since 1870; president of the New
Hampshire Orphans' Home, which he had been since its
organization in 1871; had also been one of the first direc-
tors and eight years president of the Northern Railroad.
In 1859 ^^ w^ appointed Justice of the Superior Court
and served until he reached the constitutional limit in
1870 ; was for a long time a great political power in the
state ; was an intimate personal friend of Daniel Webster,
who was fond of meeting him when he was in New Hamp-
shire, and for whom the Judge retained the highest admi-
ration. It was through Judge Nesmith's eflForts that the
Blms Farm, Webster's home in Franklin, was secured as a
place of refuge for the orphan children of the state, and
this orphanage will always remain a monument to the
joint memory of Webster and Nesmith. He died at Frank-
lin, May 2, 1890.
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WILLIAM HENRY BARTLETT.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1861-1867.
Judge Bartlett was born at Salisbury, August 27, 1827;
graduated at Dartmouth in 1847 ^^^ high honors ; was
admitted to the bar in 1851 ; took a post-graduate course
in History, German and Greek drama at the Western Re-
serve College; commenced practice in 1851 ; was chosen
solicitor of the city in 1 853-4. In 1857 his health began
to show symptoms of failure, which greatly interfered with
his professional work, and in 1861 he was named a justice
of the Superior Court by almost the unanimous voice of
the whole profession of the state, notwithstanding his
youth ; remained upon the bench six years and acquired
the respect, confidence and esteem of the whole profession
and the people of the state. During all the terms of his
service he was an invalid and had to struggle against the
inroads the disease was making upon him. He died at
Concord, September 24, 1867.
JEREMIAH SMITH, A. B., A. M., LL. D.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1867-1874.
Judge Jeremiah Smith, son of Chief Justice Jeremiah
Smith, was born at Exeter, July 14, 1837 ; graduated at
Harvard in 1856 ; was admitted to the bar in 1861 ; prac-
ticed law at Dover ; was appointed Associate Justice of the
Supreme Judicial Court, October 19, 1867, and served on
that bench until January 26, 1876, when he resigned on
account of ill health. In 1890 he was appointed Professor
Digitized by VjOOQIC
SI.LKRY ALBEB HIBBARD. 129
in the Harvard Law Schcx)l, a position which he still holds.
In March, 1856, Harvard conferred upon him the degree
of A. B., and in 1859 ^- ^y ^°^ Dartmouth the degree of
LL. D. in 1883. He resides, at present, at Cambridge,
Mass.
ELLERY ALBEE HIBBARD.
SX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIllE.
1873-1874.
Judge Hibbard was the son of Silas and Olive (Albee)
Hibbard ; was bom at St. Johnsbury, Vt, July 31, 1826 ;
was educated in the common schools of St. Johnsbury and
at the Derby Academy of Vermont ; read law with Nathan
B. Falton and with Charles R. Morrison, Esq., at Haver-
hill, N. H., and with Henry F. French, Esq., at Exeter;
was admitted to the bar in 1849 ^^^ commenced the prac-
tice of the law at Plymouth; removed, in 1853, to Laconia,
where he continued in the practice until his recent retire-
ment on account of poor health ; was clerk of the house of
representatives in 1852-4, and a member of the same in
1865-66 ; represented the ist district of New Hampshire
in the 42d Congress in 187 1-3; was appointed Judge of
the Supreme Court of New Hampshire in 1873 ^^^ served
one year; was tendered a re-appointment for that oflBce,
but declined it; was a member of the New Hampshire con-
stitutional convention in 1889, and a trustee ot the New
Hampshire asylum for the insane from 1871 to 1898. He
married Mary H. Bell, of Haverhill, December 5, 1853,
has recently retired from the bar on account of poor health
and now resides at Laconia. ^
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130 vnVLlAU H9N2T HARRISON ALLBN.
AARON WORCESTER SAWYER, A. M.
EX-ASSOCIATE JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1876-1877.
Judge Sawyer was bom at Mount Vernon, October 11,
1818; studied law with his father, Aaron F., and was ad-
mitted to the bar in 1844, entering into partnership with
his father and practicing at Nashua, when his father's
death, in 1847, 1^^^ ^^^ ^^ charge of the firm; continued
the practice of the law until about 1877, when he with-
drew in a great measure from practice. In 1876 he was
commissioned a Judge of the Supreme Court, serving a lit-
tle less than two years, when he resigned on account of his
health, as he was the victim of an insidious disease from
which he had suffered for some years; served as city soli-
citor and mayor of Nashua, and he served in the legisla-
tures of 1865 and 1866, and was state senator in 1857 and
1858. From 1867 to 1876 he was United States register
in bankruptcy. Dartmouth College gave him the honor-
ary degree of Master of Arts. At the close of his life he
seemed to desire to exert himself more actively in religious
work and duties. In 1874 he obtained from the HoUis
Association of Ministers of the Congregational Church a
license to preach, and during the later years of his life he
gave a great portion of his time to public exhortations and
to lectures on temperance. He died at Manchester, De-
cember I, 1884.
WILLIAM HENRY HARRISON ALLEN.
EX-ASSOCIATB JUSTICE SUPREME COURT OF NEW HAMPSHIRE.
1876-1893.
Judge Allen was born at Windham, Vt, December 10,
1829; graduated at Dartmouth College in 1855; ^^s ad-
mitted to the bar in 1858, and commenced practice in
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WnXIAM HQNRT HARttlSON AIXEN. 131
Newport ; was appointed clerk of the courts in Sullivan
county and served until 1863, when he was made a pay-
master in the United States army and served at Washing-
ton and Philadelphia. In 1865 ^^ resigned and returned
to his law practice at Newport, and in January, 1867, was
appointed judge of probate for his county ; served in that
position seven years and a half. In 1867 he was made
United States register in bankruptcy and served as such
until 1876, when, upon the general request of the Bar of
Sullivan, he was raised to the Bench of the Supreme Court
of the state. He had not had any experience in his prac-
tice at the bar in the trial of causes before juries, but he
was a good judge and maintained the name and fame of
the office, serving for more than seventeen years, when
failing health compelled him to resign in 1893 and return
to his home in Claremont. He sought a warmer clime for
the benefit of his health and visited Cuba, where he spent
the winter, but returning he suflFered a relapse, which ter-
minated his life. He died in the city of New York on
April a6, 1893.
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EX-ASSOCIATE JUSTICES SUPREME JU-
DICIAL COURT OF NEW HAMPSHIRE.
WILLIAM SPENCER LADD, LL. D.,
EX-ASSOCIATE JUSTICE OF NEW HAMPSHIRE.
1870-1876.
Judge Ladd was born at Dalton, N. H., December 5,
1830 ; graduated at Dartmouth College in 1855 ; was ad-
mitted to the bar in 1859, and commenced practice of the
law at Colsbrook, where he remained until September,
1867, when he removed to Lancaster, formed a law part-
nership with Ossian Ray, and resumed the practice there.
In 1870 he was appointed one of the Justices of the Su-
preme Judicial Court
That judicatory was reorganized in 1874, and he was re-
tained in the highest State tribunal by being commis-
sioned a Justice of the Superior Court. Another change
of the courts took place in 1876, and Judge Ladd was not
reappointed, so that his term of service upon the bench
continued from 1870 to 1876. He then returned to the
bar and continued in active practice until his death at
Lancaster, N. H., on May 13, 1891.
In 1883 he was elected to the Legislature of the State
and the same year was elected as State Reporter. He
filled this oflBce with general approval up to the time of
his death. He was a member of the Constitutional Con-
vention called to revise the Constitution of the State in
January, 1899.
Judge Ladd was one of the ablest Judges upon the New
Hampshire Bench ; retained the confidence of the profes-
Digitized by VjOOQIC
ISAAC W. SMITH. 1S3
sion, and the people of the State ; took an active part in
the decision of those cases in the Supreme Court of New
Hampshire, which have been cited as establishing what
is known as "the New Hampshire Doctrine on the respon-
sibility of the Insane, in cases of homicide," in which the
right and wrong theory, which had been accepted in Eng-
land, was assailed and repudiated, and he was the colleague
of Chief Justice Doe in settling the law upon that subject
for that State, which has been since followed in many of
the American states.
Dartmouth College conferred the degree of LL. D. upon
him in 1887. He was an active member of the Medico-
Legal Society of New York during the latter years of his
life and took a deep interest in Forensic Medicine. His
elder son, Fletcher Ladd, is a member of the Boston bar.
ISAAC W. SMITH, LL. D.
ASSOCIATE JUSTICE SUPERIOR COURT OF JUDICATURE OF
NEW HAMPSHIRE AND OF THE SUPREME COURT.
J874-1876. 1877-1895.
Isaac William Smith was the son of Isaac and Mary
(Clark) Smith, and was bom in Hampstead, New Hamp-
shire, May 18, 1825. He attended Phillips Andover Aca-
demy, and in 1846 was graduated from Dartmouth Col-
lege. He commenced the study of law in the office of
William Smith, Esq., of Lowell, Mass.; after about one
year he removed to Manchester, New Hampshire; was ad-
mitted to the bar July 9, 1850, and was at various times
associated as a partner with Herman Poster, Daniel Clark
and John H, Andrews.
He early became interested in political affairs, and was
the recipient of many honors and offices. He was presi-
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134 ISAAC W. SMITH.
dent of the common council in 1851 and 1852; city solici-
tor in 1854-5 and mayor in 1869, and from 1855 to 1857 ^^
was justice of the police court. In 1856 he was a detegate
to the Republican National Convention, which nominated
Fremont and Dayton. In 1859 ^^^ ^860 he was a repre-
sentative to the New Hampshire legislature, and in 1862
and 1863, a member of the state senate, serving in both
branches as chairman of the committee on the judiciary.
He was nominated for the presidency of the senate but
was defeated by certain combinations. In 1863 President
Lincoln appointed him assessor for the second Internal
Revenue District of New Hampshire, which office he held
until 1870. In 1889 ^e was a member of the State Con-
stitutional Convention, and took an active and influential
part in the deliberations of that body.
Judge Smith was admirably qualified for the perform-
ance of public duties. He regarded every office which he
held as a sacred trust, and gave to the discharge of its
duties his time and abilities in full measure, and loyally
and zealously devoted himself to what he considered the
true interests of the public. In other lines, he was an in-
terested member of the New Hampshire Historical Society,
and, at different times, held important financial trusts, and
was officially connected with many' business and charita-
ble institutions. At the time of his death he was Presi-
dent of the New Hampshire Bible Society and the Con-
gregational Club. His attachment to Dartmouth Coll^[C
never waned, and to it he gave much valuable time and
service. He was president of the Alumni Association^
also of the Phi Beta Kappa Society, and was a member of
the board of trustees from 1885 to his death. In turn the
college, recognizing his zeal and ability, conferred upon
him, in 1889, ^^^ degree of LL. D.
February 10, 1874, he was appointed Associate Justice
Digitized by VjOOQIC
ISAAC W. SMITH. 136
of the Supreme Judicial Court, and when, in August of
the same year, the highest court was reorganized, he was
appointed Justice of the Superior Court of Judicature, and
continued a member of that court until the reorganization
of August I, 1878, which established the present Supreme
Court In the first organization of the new court he was
not appointed, but July 24, 1877, ^^ ^^"^ again named as
Associate Justice and served as such until May 18, 1895,
when, by reason of the constitutional limitation, he was
retired, having reached the age of seventy years.
As a judge he was lair, conscientious and able. In the
preparation of opinions upon questions of law Judge Smith
believed in relying upon the authority of former cases.
The amount of his work was truly marvelous. Over five
hundred opinions given by him appear in the New Hamp-
shire Reports. As a presiding justice at trial terms he
possessed exceptional qualifications; was pleasant to coun-
sel and to parties; was always ready to listen to every ar-
gument, and in his charges to the jury he admirably, con-
cisely and impartially stated the law, and never trespassed
upon the right of the jury to determine facts. If he enter-
tained an opinion as to the merits of a case, the jurors were
not able to determine that opinion from his charge. As a
trial justice he was very popular with the lawyers of the
state, and probably tried more cases with and without a
jury than any other judge in the state of New Hampshire
for the last twenty-five years.
Upon the expiration of his judicial term. Judge Smith
at once resumed active practice. He was in the full pos-
session of his mental powers and of vigorous physique. He
had a very large practice, and his last years were busy and
prosperous, fitly rounding out a life of rare activity. On
November 28, 1898, he was found seated at his desk, in
his office, his head resting upon his arm, dead.
Digitized by VjOOQIC
136 ISAAC W. SMITH.
Judge Smith was an upright citizen, a sound lawyer, a
wise judge, an honest man. His mind was pure, his mo-
tives lofty. He was an amiable sociable companion ; was
devoted to the Congregational church, and interested in
every movement for the social and moral improvement of
the community in which he lived ; honesty and industry
were the marked characteristics of his career. His power
to work was prodigious, and with his integrity of life and
uprightness of purpose, he was bound to win the high
place in the judicial history of his state to which he did
attain.
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EX- ASSOCIATE JUSTICES CIRCUIT COURT
OF NEW HAMPSHIRE.
EDWARD DEAN RAND.
KX-ASSOCIATE JUSTICE OF NEW HAMPSHIRE.
1874-1876.
Judge Rand was born at Bath, N. H., December a6,
i8ai. He was descended, through his mother, from Ogden
Sprague, of Haver Hill, an eminent jurist and advocate.
He graduated at Wesleyan University in 1841, and com-
menced the study of the law in New Orleans, in the oflSce
of the celebrated Judah P. Benjamin ; was admitted to the
New Orleans bar in 1846, where he practiced for nine
years. In 1855 ^^ returned to New Hampshire and en-
tered into a law partnership with his brother, Charles W.
Rand, at Littleton. In i860 he removed to Lisbon, N. H.,
where he resided until his death, January 14th, 1885. In
1874 he was appointed, by Governor Weston, on the or-
ganization of the Judiciary of the State, a Judge of the
New Circuit Court, and served for two years, when the
political revolution in the State put an end to that tribunal
in New Hampshire. After leaving the bench he remained
in Concord for two or three years, when he returned to
Lisbon and resumed active practice at the bar there and
acquired a high and commanding position as a jury lawyer
and public speaker.
He was a man of fine literary achievements, a student of
belles lettres, and a contributor, both in prose and verse,
to the periodicals of his*time.
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CLINTON WARRINGTON STANLEY.
EX-ASSOCIATE JUSTICE OF NEW HAMPSHIRE.
1874-1876.
Judge Stanley was bom at Hopkington, December 5,
^830 ; graduated at' Dartmouth College in 1849, ^^^ was
admitted to the bar in i86a, forming a partnership with
his old preceptor, George W. Morris, of Manchester, in
whose office he was a law student
The firm <^ Morris & Stanley had a large practice. In
1865 he was chosen President* of the City National Bank
and held that position for fourteen years. In 1881 he was
elected a Trustee of Dartmouth College, to succeed Jndge
Ira A. Eastman. In 1874, on the reorganization of the
judiciary system of the State, Mr. Stanley was made one of
the Judges of the New Circuit Court, and two years later,
when the opposing political party abolished that court and
restored the former system, he was retained on the Supe-
rior Court bench as a senior Associate Justice, a position
which he held until the close of his life, which occurred at
Manchester, December i, 1884. He had the reputation of
being a good Judge, with marked ability to bring causes
to a conclusion more rapidly and successfully than any of
his associates. His death was a serious loss to the bench
and to Dartmouth Coll^;e, in which he always took a deep
interest
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SUPREME COURT OP MINNESOTA.
The Judges elected to take seats January i, 1900.
Hon, John A. Lovely,
of St. Paul, Minn.
Hon. Charles L Brown, Hon. Charles L. Lewis.
of Morris, Minn. of Duluth, Minn.
From advance sheets Supreme Court of the Stales and Provinces 0/ North America.
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SUPPLEMENT.
EX-CHIEF JUSTICES SUPREME COURT OF
THE TERRITORY OF MINNESOTA.
HON. AARON GOODRICH.
EX-CHIjBP JUSTICE OF MINN*ESOTA TERRITORY.
1849-1851.
Judge Aaron Goodricli was bom in Sempronins, Cayuga
county, N. Y., in 1807. He practiced law in Tennessee
and was elected to Congress from that state ; he was a
Presidential elector on the Whig ticket in 1848, and was
appointed by President Zachary Taylor, Chief Justice of
the territory of Minnesota court, 1849, ^^^ made his
residence at St Paul in that year. He presided at the
first term of the Supreme Court in the territory and held
the first district court of the state at Still Water, Sunk
Rapids, and St. Paul, and served until November 13, 1851.
He at once took a prominent position in the territory ;
he prepared a code of pleadings and practice, drew the
first Republican platform adopted in the state of Illinois,
was a member of the National Republican Committee.
The first court house in the state was commenced in his
term, in November, 1850, and was completed in 1851. It
was torn down in 1884, ^o make room for the new court
house. The old jail was constructed in 1850, and demol-
ished in 1857. He was made secretary of the American
Legation at Brussels, Belgium, which position he held
eight years.
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140 HON. jKROM« rorXER.
In 1869 he returned to St Paul, and was the author of
a work assailing the popular views as to the discoveries of
Columbus, which he called mythical ; he was an ardent
admirer of Wm. H. Seward. He is described by T. M.
Newton, the biographer, " as a tall, spare man with an
exceedingly active brain, who speaks quickly and
decidedly, an effective speaker on the stump, an excellent
writer, a good lawyer, a scholar among the pyramids, a
hater of court hypocrisy and meanness, a lover of honest
thought and honest expression.
His daughter married Mr. Victor Robertson, and now
resides in Chicago, 111.
HON. JEROME FULLER.
XX-CHIEF JUSTICE OF MINNESOTA TERRITORY.
1851-1852.
BY DANIEL HOLMES, ESQ.
Jerome Puller was bom in Litchfield county, Conn.,
about the year 1807, and settled in Brockport, N. Y., in
the year 1835. Of his early life, prior to his emigration
to western New York, but little is known. As a young
lawyer he at once reached the front rank in the bar of
Monroe county, a position which he maintained through
life. Outside of the duties of his profession, he first
appears in the politics of the state by being elected to the
State Senate, in the year 1847, ^^ those days he was an
ardent and enthusiastic politician and a prominent mem-
ber of the Whig party. In the factional contests of the
time he identified himself with what was then called the
silver gray Whigs, and an organ of that wing of the party
at Albany being considered desirable, he established and
became the editor of the State Register, in the year 185a
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fiOK. JBROU^ FUtl3R. 141
EditQrial duties, however, did not seem to his forte, and
in 1 85 1 he accepted the office of chief justice of the state
of Minnesota at the hands of his friend, President Fillmore.
The United States Senate failed to confirm the appoint-
ment, and Judge Fuller returned to Brockport in 185a,
where he remained during the rest of his life and was
actively engaged thenceforth as a lawyer, except when
called to the discharge of public duties. In 1867, he was
selected as a member of the State Constitutional Con-
vention, and in the fall of that year as county judge of
Monroe county, to which office he was re-elected for a term
of six years in 1871. Having reached the age limit he
was retired in 1877, and died at Brockport, September a,
1880.
At his home and by those who knew him best. Judge
Fuller was held in the highest esteem. He was always
conscientious on the performance of every duty ; he was
kind and affisible to his daily associates, and was deservedly
popular. He thoroughly identified himself with the
interests of his town and especially with the educational
interests of Brockport In November, 1845, he became a
member of the board of trustees of the Brockport Collegi-
ate Institute, a flourishing academy, and, in 1846, the
president of the board. Subsequently, in 1866, this insti-
tution was merged into the State Normal School at
Brockport, and Judge Fuller was chosen as the first presi-
dent of the local board of managers.
As a prominent characteristic of the man, one may men-
tion the unbounded enthusiasm with which he advocated
any cause which was near to his heart No one ever
doubted on which side he stood, and in no sense was he a
trimmer. During our Civil War he was active in the
raising of volunteers and sent his two sons to the waii one
Digitized by VjOOQIC
142 HOK. WILUAM H. WBLSH.
of whom died in the service, and the other was a captain
in the io8th Volunteers. As a judge he was one of the
best we ever had in Monroe county ; as a lawyer he was
among the first ; as a neighbor and citizen he is afiEection-
ately remembered by all who ever came in contact with
him.
HON. HENRY Z. HAYNER.
EX-CHIEF JUSTICE OF MINNESOTA TERRITOEY.
1852-1853.
Chief Justice Henry Z. Hajrner was appointed chief
justice of the territory by President Fillmore, took office
and held the position from December 16, 1852, to April 7,
1853, to fill a vacancy.
He was a citizen of the state of New York, and, as he
held the position only a few months, he did not become at
all identified with Minnesota, and none of the present
bench or older members of the bar are able to give any
account of him and very few ever knew him. He never
presided at a term of the court during the time he held
the office.
HON. WILLIAM H. WELSH.
EX-CHIEF JUSTICE OF MINNESOTA TEEEITORY.
1853-1858.
Chief Justice Welsh was bom about the year 181 2, as
Mrs. Venson, who knew him, thought He resided at the
time he was appointed chief justice by President Franklin
Pierce, April 7, 1853, at St Anthony, Minn., and held the
position of justice of the peace. During his term Andrew
G. Chatfield and Moses Sherburne were associate justices,
both of whom were excellent lawyers and very far his
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HON. WIUIAM H. WKLSH. 148
superior in legal learning and ability. His health was
poor, but his published opinions commanded the respect
of the bar and were not inferior to the average of the judges
of that period in the western territories.
He was a tall, spare man ; was quiet and undemonstra-
tive; he was esteemed as a gentleman of unblemished
character; he served until May 24, 1858. He finally
removed from St Paul to Red Wing, Minn., where he
died.
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EX-CHIEF JUSTICES SUPREME COURT
OF MINNESOTA.
HON. LAFAYETTE EMMETT.
BX-CHIEF JUSTICE SUPREME COURT OF MINKESOTA.
1858-1865.
Chiet Justice Lafayette Emmett, the first chief justice
of the Supreme Court after Minnesota became a state, was
bom in Ohio about the year 1827. He was of liberal
education and early admitted to the bar of his native state ;
he emigrated to St. Paul, Minn., in 1851, and was a law
partner of H. L. Moss, Esq., and later with James
Smith, Jr.
He was appointed attorney-general by Governor Gor-
man, in 1854, and was elected chief justice in the fall of
1857, and taking his seat May 24, 1858, when Minnesota
organized her state government under the state constitu-
tion. At the expiration of his service as chief justice,
January 10, 1865, he resumed the practice of the law at
St Paul. He finally removed to Faribault, and engaged
in practice there, and from there to Ortenville, Big Stone
Lake ; he now resides at Las Vegas, New Mexico-
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HON. JAMES GILFILLAN.
BX-CHIZy JUSTICE SUFRBME COURT OF UXKNMOTA.
1869-1879.
Chief Justice GilfiUan was bom in Scotland, March 9,
1829; emigrated to New York in infancy, where he
received an academic education. He studied law at Bal-
ston Spa, and at Buffalo, N. Y., and was admitted to the
bar at Albany, N. Y., in 1850. He located in St Paul to
practice his profession, in 1857. In 1862 he enlisted in
Company H, 7th Regiment, and was commissioned cap-
tain in August, 1862 ; served in that regiment in its
Indian campaigns and afterwards at the South, at Tupelo,
Tallahatchee, and in other battles and campaigns. On the
7th of September, 1862, he was promoted to the colonelcy
of the nth Minnesota, and commanded that regiment
until it was mustered out in June, 1865. In 1869, ^^ ^^^
resignation of Chief Justice Thomas Wilson, he was
appointed chief justice to fill that vacancy. On March 6,
1875, he was again appointed chief justice and held that
position until his death, December 16, 1894, at St PauL
Judge Gilfillan edited the first twenty volumes of the
Minnesota Reports, and although he was never reporter of
courts his work is in general use. The memorial proceed-
ings of the bar of the state on his death are reported at
the end of volume 59, Minnesota Reports, and at page 547,
of that volume is the statement of Judge Young, who
said : '' In Chief Justice Gilfillan we had a judge who
would rank with Judge Gibson and the greatest jurists who
have adorned the bench in other states in the Union,"
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146 BON. CHRISTOPHBR CORK RIPUtY.
Mr. Gilman's appreciation of him may be found on page
555, of the same volume ; " I may say of the position
Chief Justice Gilfillan will hold in the estimation of the
bar of the state, he will be spoken of as is Chief Justice
Parsons, of Massachusetts, by the bar of that state, and
Chief Justice Gibson, of Pennsylvania, by the bar of that
state — * the great chief justice.' "
HON. CHRISTOPHER GORE RIPLEY.
SX-CHISF JUSTICE SUPREME COURT OF UINKESOTA.
1870-1874.
Chief Justice Christopher Gore Ripley was bom Sep-
tember 6, 1822, in Waltham, Mass., where his father. Rev.
Samuel Ripley, was the settled Unitarian minister. His
mother, who is said to have been one of the most remark-
able women of the century in her intellectual attainments,
was the daughter of Captain Gamaliel Bradford, of Boston.
The future chief justice was prepared for college by his
parents and graduated from Harvard College, in 1841.
He spent one year at the Harvard Law School and then
entered the office of Franklin Dexter, Esq., of Boston, a
celebrated lawyer of that day. In 1855, he came to the
then territory of Minnesota, settling first at Brownsville,
but removing to Chatfield, in 1856, where he practiced his
profession.
In 1869, he was elected chief justice of the court for the
constitutional term, begining in January, 1870, but in
April, 1874, he was compelled by failing health to resign.
The remainder of his life was spent at Concord, Mass.,
where, in the " Old Manse," he died October 15, 1881.
The opinions of Judge Ripley begin in volume 15, and
end in volume 20, of the Minnesota Reports.
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EX-ASSOCIATE JUSTICES OF THE
SUPREME COURT OF THE TERRITORY
OF MINNESOTA.
HON. DAVID COOPER.
XX-ASSOCIATB JUSTICE TERRITORY OF MINNESOTA.
1849-1853.
Judge David Cooper was a native of Pennsylvania ; bom
about 1620 ; was admitted and practiced law in his native
state, the data of which I am not able to ascertain. On
the organization of the territory of Minnesota, he was
commissioned an associate justice of the Supreme Court by
the President, June i, 1849 J removed to the territory,
there remained and held the position until April 7, i853.
He practiced law in St Paul after his term expired and
finally removed, in 1864, to Nevada, where he made min-
ing titles a specialty in his practice; from Nevada he
removed to Utah and lived and died at Salt Lake City at
the early age of about fifty-five years,
Mr. Newson, who knew him, thus describes him:
** Judge Cooper was a medium sized man, with a clear
complexion, good features, very gentlemanly in his make-
up and was especially noted for his ruffled shirt bosom
and ruffled cu£&, which gave him the appearance of * an
old school gentleman,' such as we see im the person of
William Penn. He was a diligent student, not brilliant as
a lawyer nor as a judge, yet a good deal of an antagonist in
a l^;al fight, and was very social in his habits.
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HON. BRADLEY B. MEEKER.
BZ-ASSOCIATB JU8TICB TBKRITORT OP MINNMOTA.
[NoTB.— Brmdlej B. Medcer was an aaiociate jnitice of the SuprMse
Conrt of the territory. Commissioned June i, 1849, >^ serriof till
April 7, 1853, ^^ I hMvt been nnable to obtain any data as to his Urth
or residence before or after his term of service, nor any portxmits of him.
No portraits are accessible of Chief Justices Goodrich, Puller, Hayaer,
or Welsh, nor of Judge Cooper, though I hope to secure them of Jodges
Goodrich and Nelson, but not in time for the publication of these
sketches.]
HON. ANDREW G. CHATFIELD.
EX-ASSOCIATE JUSTICE TERRITORY OF MINNESOTA.
Judge A. G. Chatfield was born January 10, 1810, at
Butternuts, in Otsego county, N. Y. ; was a student at
Hamilton Academy, N. Y., and studied law in Steuben
county, N. Y. In 1833, he was admitted to the bar and
formed a partnership with Judge Birdsall, at Addison,
N. Y., and in June, 1836, he married Miss Eunice E.
Beman, of Addison, N. Y. In 1836, he was elected to the
Legislature of New York from Steuben county. He was
was a brother of the Hon. Levi S. Chatfield, who sat in
the same legislature and who was a lawyer of eminence
and distinction. Both brothers were returned for thee
successive years from their respective counties to the New
York Legislature. Hon. A. G. Chatfield was hgain elected
in 1845, ^^^ served on important committees and during
the enforced absence of the speaker he was elected to fill
that position and served for a considerable part of the
session. In 1846, he was elected a member of the Con-
stitutional Convention in New York, to revise the state
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HON. M0SB8 G. SHKRBXTlum. 149
constitation. In 1848, he removed to Kenosha, Wis.,
and entered into partnership with Volney French, Bsq.
In 1850, he was elected judge of Racine county, Wis., but
shortly after resigned that office. On April 7, 1853, he
was appointed associate justice of the Supreme Court of
the then territory of Minnesota by President Pierce. This
appointment and its acceptance was largely due to the
influence of General H. H. Sibley. He removed to Men-
dota, Minn., and entered upon the discharge of his duties ;
he served with credit and destinction and at the expira-
tion of his term, in 1857, ^^ returned to the bar. In 1870,
he was elected district judge for the eighth judicial district
of the state, which position he held to the time of his
death, October 3, 1875, at Belle Plain, Minn. At the time
of his death Judge Isaac Atwater, in remarks made at the
bar meeting of Hennepin county, said among other
tributes :
'* It has been my fortune to hare known in their official positions aU
the jndges who have occupied seats upon the Supreme bench of the
territory and state, and none have been so universally honored and
beloved as Judge Chatfielfl.*'
Mr. T. M. Newson says of him :
•• He was a judge of the finest purity of character, very careful, very
honest, very sincere, and very conscientious in his convictions of right.
He died universally mourned by the whole bar of the state."
HON. MOSES G. SHERBURNE.
SX-ASSOCIAT£ JUSTICE TERRITORY OF MINNESOTA.
Jndge Sherbnme was bom January 25, 1808. at Mt
Vernon, Kennebec county, Maine ; was the oldest son of
Samuel Sherburne, who was of English descent; his
education was of the public schools and the Academy at
China, Maine ; entered the law office of Nathan Cutteri
Franklin county, Maine ; was admitted to the bar and
Digitized by VjOOQIC
150 HON. M06BS G. SHBKBUKKK.
began practice at Phillips, in the tame connty, in 1831 ;
was elected to the State Legislature and later to the
Senate of Maine, and was chosen postmaster probate judge
of Franklin county and bank commissioner of the state.
In 184a, he was elected a major-general of the state
militia and duly commissioned. On April 6, 1853, he was
commissioned an associate justice of the Supreme Court
of the territory of Minnesota, at the same time that Judge
Chatfield was appointed by President Pierce, and in the
fall of that year he removed, with his family, to Minne-
sota as his permanent home. His term of office expiring
on April 13, 1857, he commenced the practice of law at
St Paul ; held a high position at that bar, both as an
advocate before a jury and was successful in his practice.
He died, greatly regretted, March 23. 1868.
Mr. T. M. Newson says of him in his pen pictures :
'^udge Sherburne was cast in the mould of a grand man.
He was physically large and intellectually great." The
Horn. Henry J. Horn paid a tribute to him before the
State Bar Association of Minnesota, in April, 1884, from
which I quote :
"Judge Sherburne was eminently fitted for the bench by hii thorongh
legal education and training and by his varied experience. His mind
intnitiyely songht the merits of a controversy, and his quick and ready
perceptive facilities led him soon to a correct decision. His opinions
axe dear, forcible, and scholarly. Judge Sherburne's sense of justice
was very keen and he was scmpnloudy conscientious in discharging his
judicial duties."
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HON. R. R. NELSON.
«X-A5SOaATB JUSTICE TERRITORY OF UINNESOTA.
1857-1858.
Judge Nelson was bom in Cooperstown, Otsego county,
N. Y., 1826, and was the son of United States Judge
Samuel Nelson ; studied law in his father's office and also
in that of Judge J. R. Whiting ; he removed to St Paul
in 1850, and was appointed associate justice of the Supreme
Court of the territory, April 23, 1857, *^^ ^^^^ ^^^ office
until May 24, 1858, when he resigned on beiug appointed,
by President Buchanan, United States District Judge, a
position which he held for many years in that district,
residing at St Paul, and commanding unusual confidence
and respect by all who knew him.
HON. CHARLES A. FLANDRAU.
EX-ASSOCIATE JUSTICE TERRITORY OF MINNESOTA.
1857-1864,
Judge Flandrau was born in New York City in 1828.
His father was a law partner of Aaron Burr, and his
mother a sister of General Macomb, at one time com-
mander-in-chief of the United States Army, He was
educated at Washington, D. C, and at Georgetown ; fol-
lowed the sea three years as midshipman ; learned the
trade of sawing mahogany ; studied law at Whitesboro,
N. Y., and emigrated to and located at St Paul, Minn., in
1853, where he has since resided ; was a deputy clerk in
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162 HON. CHAltLBS A. PLANDRAU.
the United States District Court in 1854 ; member of the
Territorial Council in 1855 ; United States Indian Agent
for the Sioux Indians in 1856; member of the Constitu-
tional Convention in 1857, and was commissioned asso-
ciate justice of the Supreme Court for the territory of
Minnesota, April 23, 1857, which office he held until the
a4th of May, 1858, when the state was organized, where
he took his seat as associate justice of the Supreme Court
of the state on May 24, 1858, which position he held until
July 3, 1864 ; was commissioned judge advocate general of
the state in 1858 ; was candidate of the Democratic party
for governor of the state in 1867 ; Democratic candidate
for chief justice of the Supreme Court in 1869, ^^^ ^^
chairman of the Democratic State Central Committee in
1868 ; was married to Miss Dinsmore, of Kentucky, in
1859, and was the second time married to Rebecca B.
Riddle, of Pennsylvania, in 1871 ; he has two sons and
two daughters. In 1862, while associate justice of the
Supreme Court, he greatly distinguished himself on the
occasion of the Indian outbreak of 1861, by the gallant
defense of New Ulm, organizing a company of which he
was chosen captain, and commanding the reinforcements
that saved that town in a memorable and desperate con-
flict with the Indians in great force. Judge Plandrau is
one of the most eminent and conspicuous of the judges of
the state. He still resides at St Paul, and has been
intimately assbciated with the territorial and state history
ofthatsUte.
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EX-ASSOCIATE JUSTICES OFITHE SU-
PREME COURT OF MINNESOTA.
HON. CHARLES EDWIN VANDERBURGH.
XX-ASSOCIATE JUSTICE SUPREME COURT OF MINNESOTA.
Judge Charles E. Vanderburgh was born in Clifton Park,
Saratoga county, N. Y., December 22, 1829. He was the
son of Stephen Vanderburgh, a farmer, of Holland Dutch
stock ; fitted for college at Homer Academy, entered Yale
College in 1849, ^^^ graduated in the class of '52 ; became
principal of the Academy at Oxford, N. Y., and com-
menced the study of the law, and, in 1858, entered as a
law student the office oi Henry R. Mygatt ; was admitted
to the bar in 1855, ^^^ went to Chicago, 111., and from
thence, in April, 1856, he removed to Minneapolis, Minn.,
and formed a co-partnership with P. R. E. Connell. In
1859, ^^ w^ elected judge of the Fourth Judicial District ;
he was re-elected to this office for three successive terms
in 1866, 1873, ^^^ 1880. In 1881, he was elected an
associate justice of the Supreme Court, and was re-elected
in 1887. He was twice married. In 1857, to Miss Julia
Mygatt, of Oxford, N. Y., of the two children of this
marriage, a son survives him, who resides at Minneapolis ;
he married, after the death of his first wife. Miss Anna
Culbert, a daughter of Hon. John Culbert, of Broadalbine,
Pulton county, N. Y., who survives him and resides at
Minneapolis, Minn. The only fruit of ttiis union was a
daughter, who died at nineteen years of age. He died at
Minneapolis, after a short illness, on the 3d of March,
1898.*
* The data for thia tketch wm fiimiahed bj tha widow of the dtOMtcd*
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EARLY CONGRESSIONAL AND JUDICIAL
HISTORY. t
The territory embraced in the State of Minnesota wis
embraced in the lands ceded to the United States by the
State of Virginia, by the Virginia Act of Cession of 1783
in part, and in part in the Territory of Louisiana, pur-
chased from Prance in 1803.
Parts of the Territory of this State were subsequently
included in the territory of Indiana; the territory of Louis-
iana; the territory of Illinois; the territory of Missouri; the
territory of Michigan; the territory of Wisconsin and the
territory of Iowa.
Vide Act creating the Northwest territory, July 13, 1788.
Vide Act of Congress creating the territory of Indiana,
of May 7, 1800.
Vide Treaty ceding Louisiana, April 30, 1803.
Vide Act creating* the territory of Louisiana, March 3,
1805.
Vide Act of Congress creating the territory of Illinois,
of February 3, 1809.
Vide Act of Congress, June 4, 181 2, establishing a ter-
ritorial Government in Missouri.
Vide Act of Congress establishing the territory of
Michigan, approved July 15, 1805.
Vide Act of Congress creating the territory of Wiscon-
sin, passed April 30, 1838.
Vide Act of Congress, passed June 12, 1838, establishing
a territorial government for the territory of Iowa.
Vide Act of Congress, establishing a territorial govern-
ment for Minnesota, passed March 3, 1849.
Vide enabling Act for Minnesota for admission to the
Union, passed in 1857.
Digitized by VjOOQIC
s^
Vol. XVII. No. 4.
MARCH, 1900.
$3.00
pi^'/fnliui
um.
THE
MEDICO LEGAL JOURNAL
( Published under the Auspices of the Medico- Legal Society of New York, )
413
413
418
43S
428
43S
448
451
464
GROUP OF PRESENT BENCH SU-
PREME COURT OP KANSAS
RETIRING ADDRESS OP EX-PRES-
IDENT ALBERT BACH, ESQ
INAUGURAL ADDRESS AS PRES-
IDENT. By Clark Bell
ADDRESS •
By First Vice President Geo. L.
Porter, M. D
By Second Vtee Preeldent T. D.
Crothers ,M. D
By H. Gerald Chapin, L. L. D., Sec-
retary-elect
By Trustee elect P. M. Wise, State
Commflssloiier In Lunacy 436
By Thos. G. Frost, Esq.. Asst Lt-
brarlan-elect 43S
By A. Laura Joscelyn, Acting Asst.
Secretary-elect 439
By Ex-President Judfire A. H. Dailey 440
By Bx-Presldent Hon Jacob P. MU-
ler 442
By CorrespondinfiT Secretary Morltz
Blllnffer. Esq 444
By Henry Wollnwin. Esq., Counsel-
lor-elect 446
THE LAWYER AND THE DOCTOR
By Mary E Lease
MICROSCOPY:—
ANNUAL REPORT OP THE MI-
CROSCOPIST. Moses C. White, M.
D
RHODE ISLAND:—
EARLY JUDICIAL HISTORY. By
Clark BelL Esq
NEW HAMP8HIRE:-
EARLY JUDICIAL HISTORY. By
Clark Bell, Esq 467
OHIO:—
EARLY JUDICIAL HISTORY. By
Clark Bell. Esq. 469
MEDICO LEGAL SURGERY 463
ANNUAL REPORT OP SECTION. 464
OFFICERS AND MEMBERS FOR
1900
PSYCHOLOGICAL
ANNUAL REPORT OF SECTION
OFFICERS, COMMITTEES AND
MEMBERS
AMERICAN CONGRESS OP TUB-
BRCI^LOSIS.Address of Welcome.
By Clark Bell. Esq., President....
PRESIDENTIAL ADDRESS. By
Dr. A. N. Bell, of Brooklyn 4S1
COLORED RAYS Ol^ LIGHT. By
Dr. J. Mount Bleyer. of N. Y 485
PRELIMINARY DISCUSSION OF
TUBERCULOSIS. By Dr. C. Den-
HsoD. of Denver 499
REPORT ON THE WORK OF THE
MARINE HOSPITAL SERVICE
AT FORT STANTON. By Past
Asst. Sursreoii R. J. Rosenau. M.D. 504
SANITARIUMS AND CLIMATIC
CONDITIONS FOR THE TUBER-
CULOUS. By W. S. Watson. M.
D-. Supt • •
CAMP AND OUT DOOR LIFE AS
AN AID TO THE TOEA.TMENT
AND CURB OF TUBERCULOSIS.
By Prof. Thos. Bassett Keyes, of
Chlcajro ^l*
EXTERMINATION OP THf3 HU-
MAN RACE BY TUBERCULOSIS:
ITS CAUSES. EFFECTS. PRE-
VENTION AND CURE. By Fran-
CONTENTS:
465
468
471
475
509
deque Crotie, A. M., Ph. D., of
Parts
CAUSE OF TUBERCULOSIS AN
IMPORTANT FACTOR AS TO ITS
TREATMENT. By B. P. Lyle, M.
D., of Cincinnati, O
MODERN TREATMENT OP TUB-
ERCULOSIS. By M. J. Brooks,
M. D., of Stamford
COM^iUNICABILITY AND RE-
STRICTION OP CONSUMPTION.
By Henry B. Baker, M. D., Secre-
tary State Board of Health of
MichUran
IS CHANGE OF CLIMATE A fW-
CESSITY FOR SUCCESSFUL
TREATMENT. By Karl Von Ruck.
M. D., of Ashevllle. N. C
SAME SUBJECT. By Dr. C. D^ison,
of Denver ,
MY OWN CASE WITH DEDUC-
TIONS PROM THE SAME. By
John H. Metzerott, oif Washington,
D. C
SHOULD THE USE OP ANTI-TOX-
IN IN TUBERCULOSIS BE CON-
DEMNED. By Dr. Karl Von Ruck,
M. D., of Ashevllle. N. C
TRANSACTIONS :—
MEDICO-LEGAL SOCIETY JAN-
UARY. FEBRUARY AND
MARCH
AMERICAN CONGRESS OF TUB-
ERCULOSIS «
OFFICERS AND COMMITTEES OF
THE CONGRESS 67S,
EDITORIAL:—
Supreme Court of the States and
Ptovinces of North America, Ad-
denda-Tuberculosis in Its Medical
and Legal Relations— Milk Inspec-
Hon in New York City-Skim Milk
—The Neuron Theory— Insanity
and Homicide— Premature Burial—
The Meetilngr of the International
Law Association at Rouen. France
—Psychological Problems Relating
to Crtminal Confession by Inno-
cent Persons— Medical Ethics-
Notice to Members of the Medico-
LeK«l Sodiety- Personal
BOOKS. JOURNALS AND PAM-
PHLETS RECEIVED
MAGAZINES
INDEX
SUPPLEMENT:—
SUPREME COURT OP THE
STATES AND PROVINCES OP
NORTH AMERICA
EX-CHIEF JUSTICES OP THE
SUPREME COURT OP THE TER-
RITORY OF MINNESOTA
EX-CHIEF JUSTICES SUPRBBfE
COURT OF MINNESOTA
EX-ASSOCIATE JUSTICES OP
THE SUPREME COURT OP THE
TERRITORY OP MINNESOTA...
EX-ASSOCIATE JUSTICES OF
SUPREME COURT OF MINNB-
gQ»p^
EARLY JUDICIAL^HlSTOgY OF
SUPREME COURT OP MINNE-
SOTA
524
530
535
543
64#
567
563
6«
572
579
581
69»
600
60S
13»
144
147
163
164
PUBLISHKD BY
By
CUknk BBLLs £H"
CLARK BELL, Esq..
j9 Broadwmy„ N. K.
Retitt^€d in New Y^h CUy P. <to|e
MEDICO-LEGAL SOCIETY.
OFFICERS FOR 1900.
CLARK BBLL, BsQ., of New York.
GBO. L. PORTBR. M. D.. of Conn.
i^ic0-J^esidfHts M the Stales,
Alabama— JudgeThoc.W.Coleman,MontgomerT.
Alaaka-CUrence Thwinr, M. D., Sitka.
Ariaona— D. M. Porman, M. D., Phoenix.
Arkantaa H. C Dunavant, M. D., Oaceola.
Anatria— Prof. R. KraA-Bbing, Vienna.
Belgium— Dr. Jules Morel, Moni.
Brasil— Prof. Nina Rodriguea, M. D , Bahia.
California— A. B. Osborne, M. D., Glen Bllen.
Colorado— Prof. T. T. Bskridoe, Denver.
Connectlcnt— Tudge A.M.Talimadge, Bridgeport.
China— Harold Browett, Bsq., Slianghai.
Cuba— Chief Justice Hechavarria, ofSantiago.
Dakoto, N.— O. W. Archibald, M. D., Jamestown.
Dakota, 8.— John M. Haroourt, Steele.
Delaware— judge Ignatius C. Grubb, Wilm*gt*n.
Denmark— Prof. Godeken, Copenhagen.
Dlst. of Columbia— Irving C. Rosse, M. D.,Wash.
Dom of Canada^Hon. A. G. Blair, Ottawa.
Bngland— William I^. Orange. M. D., London.
Bcuador— Senor J. M. P. Cammano, Wash. D. C.
Florida— N. de V. Howard, M. D., Sanford.
Prance— Victor Parent, M. D., Toulouse.
Georgia— Richard J. Nunn, M. D., Savannah.
Germany— Dr. H. Laehr, Berlin.
Guatemala— Senor Rafael Montufar.
Hawai— J. W. Waughop. M. D.. Koloa.
Havti.— Genl. J. A. Bordes, Jeremie.
Holland— Dr. P. A. H. Sueens, Vucht.
Hungary— Staatsanwalt Bm.V.Havas^BudaPesih
Illinois— J. B. Owens, M. D., Chicago.
India— P. S. Sivaswamy Aiyar, Madras.
Indiana— W. B. Fletcher, M. D., Indianapolis.
Indian Territoty- 1. H. BaUey. M. D., Dexter.
snd Viu-PrtidmU,
T. D. CROTHBRS. M. D., of Conn.
TerrUorUi and Jhrovincex.
Minnesota— C. K. Bartlett, M. D., MinMspoBs.
Missonri— W. B. Outten. M. D.. St. LouIsl
Montana— C. K. Cole, M. D., Helena.
Nebraska— Hon. John M. Thurston, Onuha.
Nevada— a. Bi. B&iop, M. D., Reno.
New Brunswick— Hon. C. B. Weldan. St. Johaa.
Newfoundland— Dr. K. D. McKensie, St. Johns.
New Hampshire— Gran. P. Conn, M.D.,Ooacord.
New Jersey— Judge C G. Garrison, Camden.
New Mexico— Gov. Bradford L. Priiice,Santa Pe.
New South Wales— George A. Tucker, M. D.
New York— Mri. M. Lomse Thomas, N. Y. City.
New Zealand— Prot Prank G. Ogaton« Duncdia.
North CsroUna— B. C Smith, Bsq., Raleigh.
Norway— Dr. Harold SmedaL Chrlstiatta.
Nova Scotia— Hon. Wm. S. Fielding. Ottawa.
Ohio— Judge H. C White. Cleveland.
Oklahoma Ter.— A. H. ^monton, M. D.,Okla.C7.
Ontario— Daniel Clark. M. D., Toronto^
Oregon— Bx-Chief Just. Hon. Wm.P.U>rd, SalesL
Pennsylvania— Geo. B. Miller, M. D., ol Phita.
Peru— Senor F. C C. Zegarro, Washington, D. C
Portugal— Bettinoourt Rodriguea, M. D.. Lisbea.
Quebec— Wyatt Johnson, M. D., Montreal.
Rhode Island— Judge P. B. Tillinghaat, Provide
Russia— Prof.Dr.MierseiewSkl, St. n»iiBlmn1i
Iowa— Jennie M. Cowen, M. D., Davenport.
IreUno— Conolly Norman, M. D., Dublin.
San Domingo— A. Wei Yos Gil, San Dotaxsgo.
Saxony— Judge de Alinge, Oberkotaoa Hbf.
Scotland— W.W. Ireland, Preston PaBa,HdinVh.
Servia— Hon. Paul Savitch, Belgrade.
Sicily— Prof. Dr. Fernando PugUa, Mc
Sile^- H. Kornfeld. Bi. D., Grotkan.
South Carolina— S. W. Babcock, M. D., Columbia.
Spain-Sig. A. M. Alv. TaUdrls, M.D., VaUadolid.
^ _ . Sweden— Prof. Dr. A. Winroth. Muid.
Italy— Bnrico Ferrl, M. D., Rome. Switserland— Prof. Dr. L. WiUe, Basle.
Japan— Dr. J. Hashimoto, Tokio. Tennessee— Michael Campbell, M. D.,KaahviUe.
Kanias— Judge Albert H. Horton, Topeka Texas— Dr. D. R. Wallace, Terrell.
Kentucky— F. H. Clark, M. D., Lexington. Tonga— Dr. Dona'd McClennen. Tonga.
Louisiana— I. J. Scott, M. D., Shreveport. Utah— Frederick Clillt, M. D., St Geotige.
Maine— Judge L. A. Bmery, Bllswot th. Vermont— Prof. A. P. Grinnell, Burtington.
Manitoba— D. Young, M. D., Selkirk. Virginia— William F. Drewry, Petersbang.
Maryland— Wm. Lee Howard, M. D., Baltimore. Washington— Jas. C Waugh, M. O., Mt. Vernon.
Massachusetts— Thea H. Tyndale, Boston. West Virginia- F. M. Hood, M. D., Weston.
Mexico— Leon Lewis, M. D., Osuluama. Wisconsin— Dr. U. O. B. Wingate, MUwankcc.
Michigan— Clarence A. Lightner, Detroit. Wyoming— R. Harvev Reed, M. D., Rock Spriogi
Secretary t Corresponding Seeretarf^ Assistant SeerHarj,
H. GBRALD CHAPIN, Bsq., MORITZ BLLINGBR, Bsq.. CAROLINB J. TAYLOR.
ofN. Y. ofN. Y. of Conn.
Fskthologist, Treasurer^ Chemist,
F.B. DOWNS. M. D.. of Conn. CLARK BBLL, Bsq., ofN. Y. Paop. C. A. DORBMUS. M. D.of N. Y.
Curator^ T&xicotogist^
J. MOUNT BLBYBR, M. D., New York. Prof. W. B. McVBY, of Boston.
Librarian, Assistant Librarian.
HOWARD BLLI3, KSQ.. of N. Y. THOS. G. FROST. K8Q-. ofN. Y.
Bacteriologist, Microscopist^
G. BBTTINI DI MOISB, M. D., of N. Y. Paop. MOSBS C WHITB. M. D., ot New Haven, Cons.
TRUSTEES:
Legal,
IDA TRAFFORD BELL, of N. Y.
JUDOB A. J. DITTENMCEFER. of N. Y.
JAS. L. BENNETT. Bsft . ofN. Y.
COUNSELLORS,
For 3 years.
LegaL
HENKY WOLLMAN, Bsq . of N. Y.
FRED. E. CRANE. Esq.. of Brooklyn.
R. L. PRITCHARD, M. D., ofN. Y.
PERMANENT COMMISSION:
For 3 years.
Legal,
How. CHAS. G. GARRISON. ofN. J.
Hon. JOHN M. THURSTON, of Neb.
CLARK BBLL, BsQ., of N. Y.
Medical,
P. M. WISE, M. D.. ofN. Y.
G. STANLEY HEFFT, M. D., of Coatt
SOPHIA MCCLELLAND, ot N. Y.
MedicaL
T. D. CROTHBRS, M. D., of Conn.
CARLETON SIMON, M. D., ofN. Y.
GBO. CHAFFEE, M. D., of Brooklyn.
Medical,
VICTOR C. VAUGUAN. Bsq,. of Mich.
GBO. L. PORTER. M. dTToT Conn.
NICHOLAS SBNN, M. D.. of ChicagOu
Digitized by VjOOQIC
Supreme Court
— -OF THE
States and Provinces of North America.
SBRIBS FIVE of Voi« I. ii nearly completed and will shortij be ready for deliy-
ery to anbtcribera, or on order. It will contain
OOLONIAL SKETCHES by Judge F. GarroO Bfcwitef •
Tbe State of Connecticut: Hiatorical Sketchea, Biography of the Jndgea, and
Portraita of the Preaent Bench ; ex-Chief Jnaticea ; ex-Asaodate Jnatioea ; a
large collection of Portraita.
Tbe State of Rhode Island* with Uat of Chief and AModate Jndgea, Biographies
and Portraita of ita Preaent Bench and of Chief and Astodate Jndgea of that
Court.
Tho Snpreme Court of Santiago da Cuba, with Portimita of the Present Bendu
The Price of Series s% complete^ unil be Sf,oo,
Tke /Vice of VoL /., complete^ will be $s^oo^ ofwhidk Series i to sore now compleisdm
Series 6, Vol. K, will contain the SUte of New Hampahire, MinnesoU and Ohio.
The State of Connecticut« conmlete, aa a Brochure, will be furnished, by itsell»
at 50 oenta per copy. It will contain the following Portraits :
I. The Present Bench of the Court
a. Bz- Astodate Justicea Bliaha Carpenter, Dwight Loomia, Sidney B. Beaidaley, B.
W. Seymour and Auguatua H. Fenn, in one group.
5. Bz-Aawdate Jndgea Chaunoey Goodrich, John Trumbull, Blizur Goodrich, Roger
Sherman and ^hn Treadweu, in one group.
4« Bx-Aawdate Jndgea Bliphalet Dyer, OliTer Ellsworth, Simeon Baldwin and Ridi-
ard Law, in one group.
5. Jeremiah Wadaworth and hia son, a full length portrait.
61. Roger Sherman, a full length portrait.
7. Bx-Chief Justices Thomaa S. Williama, Thomaa Belden Butler and Origen S. Sey-
mour, in one group.
8. Ex-Chief Justices Samuel Huntington, Wm. Samuel Johnaon, Stephen Mix Mit-
chell, Jonathan Tmmbnll and Oliver Wolcott, in one group.
The State of Rhode Island : This State will also be published aa a aeparate Bro-
chure, and besides the Historical Sketchea of the Court and the Judges, it wiU
contain Portraits of the Preaent Bench in one group, Portraita of ex-Chief Jus-
tices and ex- Associate Judges in separate groups.
The Price will be also 50 Cents per Copy,
Tbe Separate Brochure of the Court of Santiago de Cuba will be sold at the
price of 2$ Cents Each, containing the group of the preaent Court in session.
Address Medlco-Legal Journal,
39 Broadway, New York City.
Digitized by VjOOQIC
MEDICO-LEGAL SOCIETY.
1900.
SBOnON OZf lOEDIOO-LSGAL 8XJBOEBT.
Chairman.
Otief Suf. CHAB. K. OOUi. of Helena. MohUnn.
LEGAL. yice-Chairmen. SUBGICAL. ^ice-Chairmen.
" ~ " rlL (
rork. I
f. <
Vt.
iu <
bk
rk. I
MU '-
^cretary. Tteasurer.
CLARK BBLL. BsQ.. S9 BroadwiJ. H.X, Judge W. H.FBANCISJ9 Broadway.N.T.
Executive Committee.
Bar. THOMAS PARLTNQTON, of N. T. mr. R. 8. Parkhill. M. P., of Hornelsvme. N. Y.
b. I. 'GILHBRT, Bm., Plttobury, Fa. FAYBTTB H. PBCK. M. D^ of N. T.
Bz-Chlef Bur. aBO^QOODFIfiLiL.OW,CoL Chief Bur. T. I. PRITCHARD. of Wis.
Surgton J. N. HALL, of Denver. Ooi. & c. Richards, B^^ot chicasD. in
Chief Bar. A. C. SCOTT, of TncM. Chief Bur. fTa. dTlLLINOa 9f K. H.
Judge A. a. DAI L BY, of Brooklyn, N. Y.
To Railway Counsel or Officials and Railway Surgeons or Law-
yers, Judges and Physicians Interested in Damage Casks in
THE Courts :
By recent action it has been so arranged that Railway Surgeons and
Counsel, properly vouched for, can unite with the Section on Medico-
Legal Surgery, without joining the parent Society, if they so desire,
at the nominal subscription of I1.50 per annum, payable in advance,
without any initiation fee, and receive the Medico-Legal Journal free.
This has been done to enable those who do not feel willing to incur
the expense of uniting with the Medico-Legal Society, to still be in
touch with it, and give them the advantage of the Journal, which treats
of all branches of Medico-Legal science, at less than its cost.
As the Bulletin of the Medico-Legal Congress contains most of its
Important papers, it will be of interest to all students of forensic
medicine.
If you desire to unite with the Section on these terms, please remit
1 1. 50. If you prefer to unite with the Medico-Legal Society, the ini-
tiation fee is {5.00, which remit instead.
The Section now numbers about 130 members from among the most
prominent railway surgeons and counsel, and the Bulletin of thi
Medico-Legal Congress contains the articles contributed to that branch,
of which a copy has been sent to every enrolled member of the Cong-
ress, and can be obtained by members at J2.00 per copy.
Remit to any officer of the Section, or to
CLARK BBLL, Vice-Chairman and Secretary,
39 Broadway, New York.
Digitized by VjOOQIC
To Railway Surgeons and Railway Counsel.
We take occasion to advise you to unite with the Section of Medico-Legal Surgery, which can
now be done by an annual sutecription of |i.so, entitling each member to the Medico-Legal
Jou&MAL Iree.
ABRAHAM H DAILEY, NICHOLAS SENN. M. D.,
BX'Prmidcnt Medico-Legal Society, of N. Y. Surgeon-General ot Illinois.
J. B. MURDOCH. M. D., Chief Surg. C. P. CONN, M. D..
Chief Surgeon and Ex-President National Ex-Chairmau Section Medico-Lcg-l Surgery.
AMOciation Railway Surgeons. SAMUEL S. THORXE,
Chief Surg. R. HARVEY REED. M. D.. ^^^'"^"''f ^"."^ ir^^'- ^' ^ ^ ^ ?^«!^^y ^5>-
Ex-President Naiioual Assoaatiou Rail-
Ex-Presldent American Academy Railway way Surgeons.
Surgeons, Surgeon 0<fneral Wyoming. r. s. HARNDEN. M. D..
HUBBARD W. BOTCHBLL, M. D., Ex-President New York State Awwdation
Bx President Medico-Legal See. of N. T. Railway Surgeons* Ex-President Erie
Railway Surgeons.
PSYCHOLOGICAL SECTION.
Similar action has been taken as to the Psychological Section of the Medico-Legal Soci-ty. any
person interested in Psychological Studies can unite with that Section without joining tlie Medico-
Legal Society, and by an annual contribution of |i.so receive the Mbimco-Leoal Journal free.
Remit to any officer of the Section, or to
CLARK BELL, Vice-Chairman and Secretary,
^___^_____________________^ 39 Broadway. New York,
MEDICO-LEGAL SOCIETY.
PSYCHOLOGICAL SECTIOlf. I900.
Chairman.
Prol W. XAVIBR SUDDUTH, Chicaso, 111.
LEGAL AND SCIBNTIFIC. MEDICAL.
Vice-chairmen. Viee-Ckairmen.
CLARK BULL, Esq., of New York. T. D. CROTHBR8. ICD. .Hartford, Oona.
Rer. A. B. BLACKWELL. of New York. F. D. DANIEL, M. D., ot AoetlB, TexM.
HAROI^D BROWBTT, Esq., Bhanfflial.O. H. a DRAYTON, IC. D.. of New York.
C. VAN D. CHENOWETH, Wor., Mass. WM. LEE HOWARD. M. D.. Bmltimore.
Ju<Sge ABRAM H. DAILEY, of Brooklyn. H. HULST. M. D.. Oraad Raptds, Mloh.
1COKIT2 ELLINGBR, Bed., of N. Y. Prof. THOMAS BASSOTT KETE8. Chlc^
Rev. PHBBB A. HANAFORD, of N. Y. R. J. NUNN. M. D., Of Savannali. G«.
THOMSON J. HnDSON.E8q.,Waah.,D.C. A. £3. OSBORNifl,B£.D..of Olon Ellen. Cal.
SOFUIA McCLJi:L.LAND. of New York. JA8. T. SEARCY, M. D..Tiuoa1oofa,Aia.
Mrs. JACOB F. MILLER, of New York. U. a B. WINGATB, M. D., Mllwankee.
JAMES R. COCKE. M. D., of MaM. Mrs. M. LOUISE THOMAS, of N. Y.
Secretary and T>easurer.
CLARK BELL, Eeq., of New York.
Executive Committee.
CLARK BELL. EMl., ChalmuUL a L\URA JOSCELYN.of N. Y.Citv, ecreUry
M. ELLINGBR, Esq. IDA TRAFFORD BELL, Of N. Y.
CARLETON SIMON, M. D. GEO. W. GROVER, M. D.
Jiid#e A. H. DAJLBY* HUBBARD W. MITCHELL. M D.
This section embraces the study of Insanity and its Medical Jurispmnence. Inebriety, Anthro-
pology. Criminology, Sociological Studies. ClainPOTance, Telepathy. Experimental Psychology,
■jpnotism and the claims of so-called modem Spuitualism. embracing the whole field of Psycho*
logical Research in its relation to and with forensic medicine.
SblBy recent action it has been so arranged that all students of this Science, properly vouched for.
can unite with the Psychological Section without joining the parent Sodetv. if they so desire, at the
nominal subseripdon of $1.50 per annum, payable in advance, withoutany initiation fee. and receive
the BCkdico-Lboax. Jouut al free.
This has been done to enable these who do not feel willing to incur the expense of uniting with
the Medico-Legal Society, to still be in touch with it. and give them the advantage of tne Jourival.
whick treats ofall branches of Medico-Legal Science, at less than its cost.
As the BuUetin of the Medico-Legal Congress contains most of its important papers, it will be of
interest to all students of forensic medicine.
If vou desire to unite with the Section on these terms, please remit $i.so. If you prefer to unite
with the Medico- Legal Society, the initiation fee is $5.00, which please remit instead.
Similar action has been taken in the Section on Medico-Legal Surgery, and Railway Surseons
or Counsel, Criminal Lawyers, Surrogates, Judges in Criminal Courts or members of the bar. inter-
ested in questions arising in damage cases, can unite with tliat Section, and receive the Mbdico-
Ls^AL JouRif AL at lialf price (li.so), payable annually in advance.
The Section now numbers about 130 members. The BuUetin of the Medico-Legal Congreu con-
tains th* articles contributed to that branch, of which a copy has be«n sent to every memMr of the
- ress, and in which jrou can enroll by . - .. - « .... ^_-
.ddress any officer of the Section, or
Congress, and in which jroucan enroll by remitting ^, and receive the Bulletin fttt.
Addre "" '" ^ *
CLARK BELL, Vice-Chairman and Secretary.
39 Broadway, New York City.
Digitized by VjOOQIC
MEDICOLEGAL CONGRESS
OF NEW YORK.
Presideni,
CLiAUK BBI«L Bsq.
LEGAL. Via-FreiicUnts. MEDICAL. Vice Presidents.
Judse A. H. DAILEnr, of BrooklyiuN. Y. T. D. CROTHBR8.M.D. .of Hartfd. Cona.
Jud«e NOAH DAVIS, of New TM-lt. FRANK H. CALDWELL. M. D., of FU.
Senator CHARLES L. GUT, of N. T. Prof. R. OGDEN DOREMUB. of N. T.
Dp. WM. J. O'SULLIVAN. of New York. PAUL GIBIEat. M. D., of New Yoifc.
Judfe A. L. PALliER.of St. John's.N.B. WIC B. OUTTBN. M. D..of St. liOoia^o.
•JuJife Cf. E_PRATT. of BiwAlyn. N. Y. HITBBARD W. MITCHBfLL, M. dTTnTT.
Jodse BJUrfUS a RANBOBI. of N. Y DR. FORBES WINSLOW. of London.
SCIENTIFIC.
MRS. LOUISE THOMAS, of New York.
Honorary Vice-Presidents. Hhnorarv Secretaries.
•Hon. A. ABBOrrr, E8q..LL, D., of N. Y. W. B. FLETCHER, M. D., of ladlAna.
Dr. HAVELOCK ELLIS, of England. Prof. C. H. HUGHES. M. D.. St L.. Mo.
HORMAN KERR, M. D., of LoBdon. Prof. W. XAVIER SUDWARTH«of ChL
H. KORNFELD, M. D., of Grotkau. Bil. C. E SHUTTLEWORTH.M.D.. of Bnc
♦ISAAC N. QUIMBY,M. D..of N. Jersey. SELDON H. TALCOTT, M. D., of N. T.
Hon. GEO. H. TEAMAN, of New York. Prol M. C. WHITBJCD.,of New H&twl
Secretaries,
ALBERT BACH, Esq.. of New York. Hon. MORITZ BLLINGBR. of N. Yeik.
F. B. DOWN8.M.D..of BridmK>rt,Cdnn. Prof. CHAS, A. DORBMUB,of Neiw York.
C. A. iSgHTNER, ]0«i.. of DetttriUffleh.
Treasurer.
GEO. CHAFFBE.M. D..of Braoklyn,N.Y.
MEDICO-LEGAL SOCIETY.
SBCTION ON MBDI^LBGAL SURGBRY.
Chairman, Cbttt SUT. CHA& K. OOUB. Of He'ena. Mont na.
LEGAL. Vice-Chairmen. SURGICAL. Vice-Chairmen.
CLARK BELL. Eeq^ of New York. Chief Surer. W. A. ADAMb.of Ft.W..TiK.
JUdffe W. H. FRANCIS, of New York. Chief Sor^ F. H. CALDWJMi. oC Ala.
Hob. JOSEPH W. FELLOWS, of N. H. Ch. 8ur. dRANVJLLE P. CONN.of N.B.
Hon. W. C. HOWELL, of Iowa. Chief Sur^ W. B. OUTTBN. of St Lonlt.
Prof. A. P. GRINNBLL. M. D.. of Tt. Sargeon 6E0. CHAFFEE, of Brookiyik
Hon. A R PM<MFNTFR.ofTrov. N Y Ch S rj? B. F. KAD^. M D. f Tckos
Hoa. GEOBGE R. PBCK, Of IlllBoia. Chief Snr. JOHN E. OWEN, of ChlcagP.
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MEDICO-LEGAL SOCIETY.
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MEDICO-LEGAL JOURNAL.
Vol. XV was completed by the March Number, 1898, and
contains the following Articles and Illustrations:
CHwkinmi Appeal in England, By CLARK BELL, ESQ., LL, D., ofNew Yotk,
Epilepsia Alkokolica, By HEINRICH STERN, Pk, D., M. D„ of New York.
Tke CaseofSkeUUm, By f*^M. B. CHISHOLM, ESQ,, ofAubum, N. V.
Demon Busession, By WM. LEE HOWARD, M. D„ o/BaUimore. Md.
Criminal ResponsibilOy of Inebriates. By THE EDITOR.
TVue Ttst af Criminal Responsibilliy of the Insane. By THE EDITOR.
Tke Sub-Conscious Mind. By CLARK BELL, ESQ.. LL. D., of New York.
fdlse RecoUeetion. By EUGENE BERNARD LEROY,M.D„ of Paris,
An Engtisk Poisoning Coju. By AN IRISH BARRISTER.
Medical Expert Testimony. By CLARK BELL, ESQ., LL. />.. of New York,
Cerebral Neurastkenia. By ARTHUR C. BRUSH. M. D., of Brooklyn, N. K
Insanity and Insanity Laws. By ROBERTA. GUNN, M, D., of New York,
Medico-Legal Surgery. By THE EDITOR,
Alcokolism in IVowten. By A GNES SPARKS, M. D„ of Brooklyn, N. Y.
Narcotic Inebriety in America. By J. B. MA TTISON, M. D., of Brooklyn, N. Y.
Heredity. By CLARK BELL, ESQ., LL. D., of New York.
Revision of the Law of Marriage and Divorce. By DR. R. W. SHUPELDT, U. S. Army.
Recent Legal Decisions. By THE EDITOR.
Different Forms of Hypnotism. By CARL SEXTUS, ESQ.
Progress of Piyckological Studies. By SOPHIA McCLELLAND. ,
Ptpckological Progress, By MARGHERITA A. HAMM, of New York.
Gas Pbisoning. By PROF. IV, B. McVEYandL G. COXWELL, of Boston; CHAS. A. DORBMUS,
of New Yoik; VICTOR C, VA UGH AN, of Michigan; M. C. WHITE, of Yale, and DR. GEO. B.
MILLER, of Philadelphia,
A Bri^for the Cigarette, By W, H, GARRISON, ESQ,, of New York.
T^umatic Neurasthenia, By L.L, GILBERT,of PitUburg; CLARK BELL, ESQ., qfNew York;
PEARCE BAILEY, M. D., ofN. Y,, and PROF, W.J. HERDMAN, M. D„ of Ann Arbor, Mich.
The Etiology and TVeatment of CHminality. By DANIEL R. B ROWER, M. D„ of Chicago, lU.
TheBrummer Case. By EDWIN/. BARTLETT, M. D.^ <^f New Hampshire.
The Marlborough Asylum Affair. By DAVID GRAHAM PHILUPS,
Psychometry. By Judge ABRAM H. DAILEY, of Brooklyn.
Wireless Telegraphy and Telepathy. Br H. S. DRA YTON, M. D., of New York.
TVeatment of MaU Hystera by Suggestion. By H. S. DRA YTON, M. D., ofN. Y,
Consciousness and its Helpers, By Rev, ANTOINETTE BROWN BLA CKWELL, cfNew York.
The CigaretU, does it cause Insanity/ By CLARK BELL, ESQ,, LL. D., ofN. Y.
View of Thirty-Jlve Insanity Experts on same.
Laws of States Restricting SaU of Cigarettes. CLARK BELL, LL. D.. ofN Y.
Palmistry. By WM, LESLIE FRENCH, ESQ., ofN. Y.
Annual Reports ^ the Chemist, the Microseopist, and the Toxicologist of the Society,
With Editorial) Toxicological, Transactions of the
Medico-Legal Society; illustrated with Portraits of Medico-
legal Jurists and Medical Men.
I=>I2/ICrEI, S3.00 I^EI?/ JsJSnSTUls/L.
CLARK BELL, ESQ., Editor,
Address Medico-Legal Journal, 39 Broadway, N Y. City.
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MEDICO-LEGAL JOURNAL.
Vol. XVI was completed by the March Number, 1899, *^^
contains the following Articles and Illustrations:
Premaiurg Burial. By H. GERALD CHAPINy ESQ^ qfNtw York,
Up€r UguUtion, By ALBERT H. ASHMEAD, M. D., of New York.
Pirgmture Burial. By PROF, H. J. GARRIGUES, A. M., M, D.^ of New York.
InUmaHonal Leprosy Legislation. By ISIDORE D YER^ M. D., of New Orleans, La.
Medital Expert TesHwwny. By J. B. RANSOM, M. D., ofDannemora, N. Y.
Sanity, Insanity and Responsibility. By SIMON FITCH^ M. D.^ of Nova Scotia.
Auto-Hypnotism, By CARL SEXTUS, ESQ., of Colorado,
AliemmHng Pfrsonalities. Br HENR Y S. DRA YTON, M, D., of New York.
The Brutality of Capital Puniskment, By GUSTA VE BOEHM, ESQ., ofNewfersey.
Psychological Studies ofCriminaU. fiy GEO. W. GROVER, M. D„ of Sheffield, Mass.
The X Ray—Safe Application. Byf. MOUNT BLE YER, M.D.,LL. D., of New York.
Medico-Legal Questions in Damage Cases. By CLARENCE A. UGHTNER. ESQ., of Detroit
Feigned Diseases. By J. ADELPHI GOTTUEB, M, /?.. of New York.
The X Ray in Fbrensic Medicine. By FRANK WARD ROSS, M, D„ ofElmira,
Ruptured Aortic Aneurism. By PROF.f. H, HALL, M. D., of Denver.
Immorality on tke Judicial Bench. By T, CRISP POOLE, ESQ., qf Australia.
Medical Evidence in Criminal Cases. By W. H. S. MONCK, ESQ., of Dublin.
Progress in Medico-Legal Surgery. By CLARX BELL, ESQ,, LL, D., of New York,
The CigareUe—Does It Cause Insanity f (with opinioM of SdentlMs). By CLARX BELL, ESQ.
LL, D., ofNitw Yotk.
Sub-Uminal Consciousness, By W. H. S. MONCK, ESQ., of Dublin.
Aphasia and Testamentary Capacity. By THE EDITOR.
The Criminal Responsibility oftke Insane. By THE EDITOR.
Hypnotism. By THE EDITOR.
Suicide and tke Insanity of Inebriety, By THE EDITOR.
Medical Conduct of the IVar. By GEO. tV, G ROVER, M. D. , of^ass.
The Santiago Campaign. By CLARX BELL, ESQ., of New York.
The Same Subject. By DR. F. MEDINA FERRER, of New York.
The Same Subject. By LT. COL. V, HA VARD, M. D., Chief Surgeon U. S. A,
The Supreme Court of Connecticut. By JUDGE SIMEON E. BALDWIN, andothers.
Sketches and Portraits of Judges and ex-Judges of that Court. By THE EDITOR.
The Supreme Court of Rhode Island. By CLARX BELL, ESQ., of New York.
Same Subject (Early History). By HON. W. P. SHEFFIELD, of Newport.
The New Supreme Court of Santiago de Cuba. By CLARX BELL, ESQ., and the Judges of that Om
Instant Death by Decapitation ImpossibU. By J. MOUNT BLE YER. M. D., of New York,
Inaugural Address, By ALBERT BA CH, ESQ., as President, of New York.
Practice of Medicine and Charlatanism. By PROF. F. BROUARDEL, of Paris.
Sex in Puniskment for Crime. By CLARX BELL, ESQ., of New York.
DoubU PersonalUy. By WM. LEE HOWARD, M. D., of Baltimore, Md,
The Criminal Treatment of the Insake. By W. H. S, MONCX, ESQ., of Dublin,
Tke American Government and the British Home Secretary. By CLARX BELL, ESQ., 0fN. Y.
With Kditorialy Toxicological, Transactions aad Notes;
illustrated with Portraits of Medico-Legal Jurists and the
Judges and Ex- Judges of the Supreme Court of Con-
necticut, Rhode Island and Santiago de Cuba.
I^E^IOE, $3.00 I^EE. .AJsnsrcTM:.
CLARK BELL, ESQ., Editor,
Address Medico-Legal Journal, 39 Broadway N. Y. City.
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VOLUME v.,
BELL'S MEDICO-LEGAL STUDIES.
This irolume has been issued since our last ntimber, from the preis
of the Mbdico-Lboai* Journai«.
It is Dedicated to Chief Surseon W. B. Oatten, of the Mo. Pac. Ry.
Its table of contents contains the following articles :
Hypnotism in the Criminal Courts ; Report of Committee of Medioo-Legal Society ;
Mechanical Restraint of the Insane— Section 40 of Bngllsh LnnacT Act of 1890 ;
R^pdation of BngUsh Lunacy Commission ; Duty and Responsibility of the
Attending Phrndan in Cases of Railway Snt^gery ; The New Lnnacj Stat-
ute in N^w York ; The Putnre of Railway Snrgery ; ArMnical Potton-
i^gand Circnmstantial Evidence ; Kleptomania; English Prisons
and Irish PoUtioal Ofienders; The Medical Agnostic; Mr.
Justice Stephens* Charge to the Junr in the Maybnck
Case Reviewed; Commitment of tne Insane ; Legal
Enforcement of Compulsory Vaccination ; Has
the Physician the Kisht to Terminate Life ;
The Legal Aspect of the Mayhrick Case ;
The Case of Spnrgeon Young; Trisl Tests in
Hrpnotic Sumstion and How Should Thsrf be .
Made ; CriminalAppeal in England ; The Snb-Con-
sdous Mind— Snb-Liminal Consaousness ; Mc^ico-Lmd
Smtf^ry ; Judicial Evolution as to Criminal Responsibil&r of
Inehnates; Rifht or Left Handedness in the Detaetien of Crime;
The True Test of the Crhninal Responsibility of the Insane : Medical
Expert Testimony ; Index to Supplement ; Appendix.
It is profusely illustrated with portraits, among which are thoae of
the following:
Hon. Calvin E. Pratt, N. Y.; Prof. E. Boirad, Dr. H. Baradnc, France; Hon. W. S.
Fielding, Ottawa; Hon. Frank Moss, N. Y. City; Hon. P. E. TQHnghast, R. I.;
Hon. Guy H. Corliss, N. Dakota ; James R. Cocke, M. D.« Maos; ProL Thos. Bas-
sett Keyes, M. D., LL. D., 111.; MefloBarreto, M. D., Brazil; Jacob F. Miller, Esq.,
R. L. Pritchard, Esq., M. D., Mdntague R. Leverson, M. D., Esq., A. D. An-
drews, Esq., Thos. Darlington, M. D.. Miles M. Dawson, Esq., Fted. E. Crane, Esq.,
N. Y.: Cbas. Wood Fassett, Esq., Mo.; G. Stanley Heft. M. D., Conn.; Sir Benj.
Ward Richardson, Eog.; Col. John R. Fellows, N.'Y.; Surg. Elisha Griswold, M.
D . J. W. C. ONeil, M. D.. Pa.; Geo. Goodfellow, M. D.. Ci; Judge Chas. L. Hol-
tein, Ind.: Judge M. H. Hirschberg, Chas. Wilson Ingraham, M. D., Henry M. Re-
qua, Jr., N, Y.; Sidney Flower. Esq.. lU.; Capt. R. W. Shufeldt. M. D., Wash»n, D.
C; Wm. Lee Howard, M. D.. Md.; Hon. James Booth, Sr.. Hon. Richard Bassett,
Hon. Thomas Clayton, Del.; C. Van D.Chenoweth, M. A., Mass.; Frances E. Quim-
^y* N. J.; Rev. Pbebe A. Hanaford, The Countess Bettini di Moise, IdaTrafiord
Bell, Margherita Arnita Hamm, M. A.. M. Louise Thomas, Harriette C. Keatinge,
M. D., Florence Dangerfield Potter, Rosalie Loew. N. Y. City ; Caroline J. Taylor,
Conn.; Chief Surg. C. K^ Cole, M. D., Judge Wm. H. Francis, Mont.; Lewis D
Mason, M. D., Seldon H. Talcott, M. D.. N. Y.; Wm. F. Drewry. M. D.. Va.; Hon.
C. H. Blackburn, Ohio; Prof. Cbas. H. Hugbcs, M. D., Mo.; Dr. Havelock EUis,
Eug ; Hon. Milton Brown. Kan.; T. N. Hall, M. D., Col.; W. B. Fletcher, M. D.,
Ind.; Hon. Noah Davis. Hon Moritz Ellingcr, S. B. W. McLeod, M. D., Panl Gi-
bier, M. D., N. Y.; T. D. Crothers, M. D., George L. PcMler, M. D., Conn.; Geo. B.
Miller, M. D., Pa.; Fred*k L. Hofifinan, F. S. S., New Jersey ; Hon. Alonzo P. Car-
penter, New Hampshire.
aParlo^ 0Stp 1x1. OXotli.-
Addreas ^ MPilimJ POT^^l lnnm!il i ^NjirtSk^*
} Medico-Legal Journal, {
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BULLETIN
Medico-Legal Congresa
This volume is ready for members and subscribers.
It contains a large portion of the articles read before the
Congress held in New York, September, 1895, in the City
of N^w York, and its transactions and list of members, and
the following
Illut^treLtioinei*
The President of the Congress.
Prominent Authors and Officers of the Congress.
Portrait of Dr. L. Forbes Winslow.
Chief Surgeon W. B. Outten.
Dr. H. W. Mitchell.
Dr. F. B. Downs.
Dr. G. Bettini di Moise.
Portrait (tf Albert Bach, ]Etsq.
Jndge A. L. Palmer.
Dr. Norman Kerr.
Officers and Authors of the Medico-Legal Congress.
Portraits of Medico-Legal Jurists and Medical Men.
Group of Authors and Members.
L^al and Judicial Members of the Medico-L^r<d Society.
Eminent Alienists and Medical Men.
Group of Alienists, Authors aud Medkal Men.
Bx-Chief and Associate Judges of the Supreme Court ot Oregon.
Arsenic Crystals.
Distinguished Members Medico-Legal Society.
Ex-Chancellors of New Jersey.
Officers and Members of the Medico-L^sal Society and Psydudogicil
Section.
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Medico M Journal,
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American Congress
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IQOO.
The Bulletin of the American Coof ress of Tuberculosis
is onnoanced by the Mbdico-Lkga^l Journal as Publishers.
It will be published in one volume, but in two parts.
Part 1 will appear shortly, and will contain:
1. The Transactions of the Congress held February 21st and 22d, at the
City of New York, List of Officers, Roll of Members, and the full
proceedings.
2. It will also contain original papers read and presented to the Congress
by Doctors Charles Denison« of Denver, Colorado ; Karl von Ruck,
of Asheville, N. C; Prof. Thos. Bassett Keyes. M. D.. of Chicago ;
J. Mount Bleyer. M. D., of New York City ; F. T. Labadie, M. D.,
of New York ; Past Assistant Surgeon M. J. Rosenau, M D , of the
Marine Hospital Service, Washington, D. C; Joseph E. Gichner,
M. D , of Baltimore. Md.; G. W. Van Vleck, M. D.. of Jackson,
Mich ; W. S. Watson, M. D , of Fishkill-on-Hudson, N. Y.; Dr.
A. N. Bell, of Brooklyn ; Dr. T. D. Crothers, of Hartford, Conn.;
Dr. J. H. Metzerott, of Washington, D. C; Dr. Francisque Crotte,
A. M., Ph. D., of Paris ; Dr. Harry F. Waite, of New York aty ;
Dr. Richard A. Goethe, of Beerne, Texas ; Dr. M. J. Brooks, of
Stamford, Conn., and others
Part 2 of Volume I. will follow
and will continue the additional papera contributed to the Congress later, on its gen-
end invitation to the profession to continue the discussion of the stated tiiemes opened
Sf the Congress, and which will be brought to the attention of Scientists intercifted in
e subject
The enrolling fee of the Congress is I3, and new members are solicited, who will re-
ceive the full publications free, and the Bulletin as fast as it is completed and published.
Those desiring to contribute papers to this discussion are requested to send the title
of their paper at once, and to furnish the copy at as early a date as possible, so as to
ensue early publication.
The xmpen are all in hand for Part i of Volume I., and it will be published shortly
as a Sertalj if desired by any member, in advance of the completed volume, at the
price of |i m cloth, or 50c. in paper.
For details and particulars address
The Medico-Legal Journal.
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or— The American Congress of Tuberculosis,
Care Clark Bbll, Secretary, 39 Broadway, N. Y.
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The Supreme Court
OF* TI-IE?
States and Provinces
of Nortb America.
X^OI^TLTNIE^ I.
of this work is now in press and will shortly be published. It <
Historical Sketch of the Court of each State, with Portraits and
Sketches of the Judges and the Supreme Court of that
State, so &r as the same are now accessible.
The following States, Provinces and Dependencies wHI be embraced in WLIi
Series i— Texas, Kansas. Series 2— New Jersey, Or^;on. Series 3-
Alabama, Georgia and New Brunswick. Series 4— Pennsylvania, Ddi-
ware. Series 5, Part i— Connecticut ; Series 5, Part 2— Rhode Wui
and Santiago de Cuba. Series 6, Part i — Minnesota and New Hmf-
shire ; Series 6, Part 2— Ohio. Series 7— The addenda of all the names
by States to bring them up to 1900.
Vol. II. will Continue the History of the Supreme Court
in other States, wliich will be taken up in the order in which the infonoi-
tion is obtained to enable them to be completed.
Much pains and labor has been given to the preparation of the sketdieiof
the members of the Conrt and to obtain authentic Portraits of the pro-
ent Bench in each State or Province and to reproduce them.
The History of the Supreme Court
has been prepared under the supervision of the Chief Justice of the State, or
some prominent member of the Bench or Bar of the State, and no pains or
expense has been spared to make the work authentic and reliable. It his
been issued in part in serial numbers, and can be obtained sdll in^tkit
form, at the price of $1 00 each. The work has been edited by
Clark Bell, Esq., of the Bar of New York City.
Subscriptions to the same are requested from the Bendi and Bar.
Also for copies of portraits of members of the Bench of other States, oov
needed for Vol. II., in course ot preparation. It is published by the
Medico-Legal Journal
39 Broadway, - - New York City,
Under the 5upervlalon of the Bditor*
To whom all commtmications should be addressed.
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The Mcdico-Legal-Journal.
^SSSHasy Devoted Eixclusively to Medical Jurisprudence,
With OipMtMrii m MILWAY SURGERY-PSVCHOLOGIGAL-TQXICOUWICM.-
aid m KOIC/U. JUmSPRUDENCE OF INSAMTy.
Edited by CLARK BBIrL, Esq.* and an able corps of collaborators.
Pf%em enly $3.00 pT anaaai, I PuMitlMd at No. 99 Broadway,
payable la ^Yaaca | la the dty ol Now Yortc
OPINIONS OF THE CHIEF JUSTICES OP SUPREME COURT.
SuPREMB Court of Brrors, State op Connecticut.
Hon. Clark Bell: Litchfield, Nov. 5, 1894.
Afy Dear Sir: I liave been a subscriber to the Medico-Legal Journal
now for about four years. I have read it with great interest, and have
found it always entertaining and many times highly useful. To a State
Attorney, or to any lawyer engaged in criminal practice, I should suppose
it to be of great vsdue. Your^ very truly, Charles B. Andrews.
Clark Bell, Esq., New York: Atlanta, Ga., Nov. 23, 1894.
Dear Sir: During the time I occupied the Bench as Chief Justice of the
Supreme Court of Georgia, I regarded the Medico-Legal Journal as
one of the current periodicals to b^ regularly read in order to keep up with
the best thought touching media^l jurisprudence. Besides this, almost
every number contained matter, historical or biological, of much interest.
I do not hesitate to say that every lawyer, whether on the bench or at the
bar, will, on trial, find the work noth useful and entertaining. It gives
*ne pleasure to recommend it. Very respectfully, L. B. BlECKLEy.
Supreme Court, State op Kansas.
ToPEKA, Nov. 19, 1894.
Clark Bell, Esq.»
My Dear Sir: I have been a subscriber to the Medico *Legal Journal
for several years, and find it a valuable and useful publication, especially
to the members of the legal profession. The numerous articles appearing
therein concerning the criminal classes, expert medical testimony and the
relation of the science of medicine to the science of jurisprudence, have
t)een written by the very ablest physicians and lawyers. Much important
information to the bench and bar can be derived firom this journal not ob-
tained elsewhere. Yours, etc., Albert H. Horton.
Supreme Court op North Carolina.
Clark Bell, Esq.: Raleigh, N. C, Dec. i, 1894.
Dear Sir: We regard the Medico-Legal Journal as a periodical of
great value to the 1^^ profession, and espedally to those engaged in
criminal and probate justice, and also in damage cases.
I trust that the publication will receive the encouragement that its merits
so richly deserve. Respectfully, etc., Jas. E. Shepherd.
Supreme Court op Texas.
Austin, 1894.
I have had occasion to read and examine the Medico- Legal Journal.
edited by Clark Bell, Esquire, of New York, and have found it an able and
interesting publication. It is useful to all who are concerned with the j ur is-
prudence relating to insanity; and I would especially commend it to the
fudges of criminal courts and to prosecuting officers throughout the country.
R. R. Gaines.
Address CLARK BELL, Esq., M Broadway, New York aty.
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Supreme Court of the States and Provinces of
North America.
To the American and Provincial Bench and Bar:
Series 4 of Volume I of this work ia now ready for deliv^y. It embrmoes Hie
States of Pennsylvania and Delaware. The historical aketch of the PennsThraaia
Supreme Conrt is prepared by Jodg^ P. Carroll Brewster, of Philadelphia, trie por-
traits are from the private collection of Judge James T. MitcheU, one of the
Judges of the Supreme Court of Pennsylvania.
The historical sketch of the Supreme Court of Delaware is from the pen of Hon.
Ignatius C Gmbb, of the Supreme Bench of that State, who has also collected the
portraits of the Judges and ez- Judges for the work, and is in the December number ( 1894)
of the Mbdico-Lbgal Journal. Pour series of this volume have already appealed.
Series i Embracing Texas and Kansas. Series 2. New Jersey and Oregon.
Series 3. Alabama, Georgia, and New Brunswick, which can be supplied on appli-
atioB.
Series 4. Pennsylvania and Delaware.
Series 5, Vol. I, will shortly appear, embracing Connecticut, Rhode Istaad and
Santiago de Cuba.
The SUtes of Minnesota, Ohio, New Hampahire. Masirtinsetta, Miailgatt, ari
others will shortly follow, as Series 6 of Volume I.
Volume I wUl oe composed of a sufficient number of States to make a aattsUe
volume.
The pfiee la I5 per vohutte, payable ia advance. The serial nnmben win be seal
sttbscriben if desired, as fast as issned, in advaaee of the oooqpMioa <tf the TOlniDe,
at ti.oo per copy.
The work is published by the Mbdico-Lkgai, Jouemai,, and under the sBperriakNi
of its editor.
The thanks of the editor are dne to Hon. Simeon B. Baldwin, of tiie Supreme Oomt
of Conoecticnt, fiDr his aid ; also to ez-Judges Dwight I^oomis, A. M. Tstlmage, Chief
Justice Charies B. Andrews, and all the members of the present Bench of Oonneeti-
cut, and to the Chief and Associate Justices of Rhode liland and Massachusetts for
similar fiivors. Thanks are due to Senator Cushman K. Davis, Judges Charles B.
Flandrau, Daniel Buck. William Mitchell, Greenleaf Clark, Chief Justice Start, Mra.
Judge Vandenbergh, Mrs. Judge Chatfield, R. K. Gilfiillan, Esq.. S. M. Haye% Bsq.,.
the Emerald Publishing Co., Henrv B. Weniell, Esq., W. S. King, Esq.^ Wanes
Upham, Esq., Roger Vail, Esq , ana odiers, of Minnesota.
The sketches for Rhode Island and Minnesota are eoint>leted. Hon. W. 6. Shef-
field, of Newport, has mepared a Historical Sketch, vide vm March No. ToimKA^.
Hon. Albert S. Batchellor, Baq., of Littletcm, New Hanmbire, has pr^ared tiie His-
torical Sketch of that State, and Hon. J. W. Fellows, of Manchester, New Hampshire,
the sketches of the court and judgea. Judge Conway W. Noble, 6f devdand, CNiio,
has completed the work lor the State of Ohio, which will appear in the |nne No.
Mr. Russell Gray, of the Boston Bar, has prepared a aketch of sssachnsttts, aaA
Judge Oliver Wendell Holmes, of that bench, is giving valuable aid. It is intended
to embrace in its illustrations many of the Chief and Asaodate Judges of Massschn*
setts and the present Bench as soon aa same can be procured. z^
Judge Simeon B. Baldwin, of Connecticat, of the 8apreme Conrt of that State, has
completed the historical aketch, which appears in the Deeembet nmnbcr, 1896 of
the Jouwf AX.
Mr. Ralph Stone and Mr. H. D. Jewell, of Grand Rapida, Itichigan, have been
designated by the Judges of the Su;>reme Conrt to write the aketdi for that State.
Judge Conway W. Noble, of Cleveland, baa completed the work for the State of Ohio.
Eacb number of the Medico-Legai* Journax will contain one or more States com-
mencing with December, 1898.
Grateful for favors already received, subscriptions are solicited ; also, data, and por^
traits of the earlier judges are respectfully requested from any of the States. The
editor will gratefully acknowledge portraits or sketches of the Judges of the Supreme
Court of any of the States, and especially those of Ohio, Minnesota, MssiSfhnsf.tts
and New Hampshire, now shortly to be modnoed.
CLARK BELL,
No. 39 Broadway, New York City.
Ready Tbe Lai Book Braiier's Ui MetiimiT.
Hof .25. for General Readers. Bnle's Rntatoi, t Yab., ;ilM.
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