Lippincott's Magazine of Popular Literature and Science - Volume 11, No. 25, April, 1873 by Various
page 168 of 261 (64%)
page 168 of 261 (64%)
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a just conviction and an absolute proving of innocence equally
impossible. If it were necessary, further illustrations of the deficiencies of our criminal processes could be detailed. Some little time since, upon the chemical evidence of Professor Aiken, a poor colored woman was hung in Anne Arundel county, Maryland. She died protesting her innocence, and the general impression appears to be now that she did not commit the crime. A prominent member of the Maryland Bar told me recently of a case tried in that State, in which the accused, as he stated, certainly did kill the deceased with arsenic, yet in which, by showing the insufficiency of Professor Aiken's analysis of the stomach, he obtained the acquittal of the prisoner. It cannot be stated too strongly that the trouble is not in the science of toxicology, nor in the real students of it. So far as mineral poisons are concerned, any qualified expert will determine the question of poisoning with the unwavering step of a mathematical demonstration. The legal recognition of the true character and position of the expert, and of certain principles of medical jurisprudence, would probably improve the present status, but it is doubtful whether some other method of reform may not be more available. Professor Henry Hartshorne, at the last meeting of the American Medical Association, suggested that the court should appoint in poisoning cases a commission to collect the scientific testimony and make report on the same. This seems at first sight practicable, but suppose the court had appointed, as is not at all improbable they would have done, Professors Aiken and Chew and Dr. Williams as the commission in |
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