Aids To Forensic Medicine And Toxicology Part 8

x.x.xVII.--BLACKMAILING

There are in London and every large city scores of men and women who live by blackmailing or chantage. There are many different forms of this industry. There is the man who knows something about your past life, which he threatens to reveal to your friends or colleagues unless you buy him off. There is the breach-of-promise blackmailer, and there is the female patient, who threatens to charge you with improper conduct or indecent a.s.sault. Medical men from their position are often selected as victims. The introduction of corridor carriages on many of our railways has done much to stamp out one particular form of blackmailing, but public urinals are still a source of danger.

It is the worst possible policy to temporize with a blackmailer. If you give him a single penny, you are his for life. It is as well to remember that it is just as criminal to attempt to extract money from a guilty as from an innocent person. It is of no use attempting to deal with these cases single-handed. You must not only deny the allegation, but 'spurn the allegator.' Put the matter into the hands of a good sharp criminal solicitor, and instruct him to rid you of the nuisance by taking criminal proceedings.

x.x.xVIII.--MARRIAGE AND DIVORCE

Marriage may be accomplished in many ways: (1) By the publication of banns; (2) by an ordinary licence; (3) by a special licence; (4) by the Superintendent-Registrar's licence; (5) by a special licence granted by the Archbishop of Canterbury in consideration of the payment of the sum of 25. Then, for persons having a domicile in Scotland, there is the marriage by repute. The consent of the parties, which is the essence of the contract, may be expressed before witnesses, and it is not requisite that a clergyman should a.s.sist, but it is essential that the expressions of consent must be for a matrimonial intent. 'Habit and repute'

const.i.tute good evidence, but the repute must be the general, constant, and unvarying belief of friends and neighbours. The cohabitation must be in Scotland.

Any irregularity in the marriage ceremony or the non-observance of any formality will not invalidate the marriage, unless it were known to both the contracting parties. If a man were married in a wrong name the contract would still be valid if the wife were unacquainted with the deception at the time. If the person who officiated were a bogus clergyman, the marriage would hold good if the contracting parties supposed him to be a properly ordained priest. In a case in which a marriage was solemnized in a building near the church at a time when the church was undergoing repairs, and where during such alterations Divine service had been performed, it was held that the ceremony was good. To all intents and purposes marriage comes under the 'Law of Contract' (see Anson, W.R., Bart.), and the law looks to the _intention_ rather than to the actual details. All marriages between persons within the prohibited degrees of consanguinity or affinity are null and void. This prohibition extends both to the illegitimate as well as the legitimate children of the late wife's or husband's parents. A marriage with a deceased wife's sister is now legal in Great Britain and the Colonies, and is recognized in most foreign countries. A common device with people within the prohibited degrees is to get married abroad, but such marriage is strictly speaking inoperative, and the children of such union are illegitimate. Practically, however, it is a matter of no importance, for when people live together and say they are married, they are accepted at their own estimate.

A man can obtain a divorce from his wife if he can prove that she has been guilty of adultery since her marriage. This may be established by inference. Obviously, it is difficult in the majority of cases to establish by ocular demonstration that adultery has been committed. But given evidence of familiarity and affection with opportunity and suspicious conduct, a jury will commonly infer it.

A woman cannot obtain a divorce from her husband for adultery alone. She must prove adultery plus cruelty, or adultery plus desertion without reasonable cause. Failing this, she may be able to prove either bigamy or incestuous adultery. Legal cruelty is a very comprehensive term, and does not of necessity mean physical violence. If the husband as the result of his infidelity were to give his wife a contagious disease, that would const.i.tute cruelty. Taking a more extreme case, if a husband were to have connection in her house with his wife's maid, that would probably be held to const.i.tute cruelty, as it would tend to lower her in the eyes of her servants.

A wife can obtain a judicial separation if she can prove (1) adultery, (2) cruelty, or (3) desertion without reasonable cause for two years. If a husband is away on his business, as, for example, the case of an officer ordered abroad, that is not desertion. For a woman to get a judicial separation, it is sufficient if she can prove one variety of matrimonial offence, but for a divorce she requires more than one.

The jury may find that Mrs. A. has committed adultery with Mr. B., but that Mr. B. has not committed adultery with Mrs. A. The explanation is, that a wife's confession is evidence against herself, but not against another person. You can confess your own sins, but not another's.

The Divorce Law of Scotland differs materially from that of England. In Scotland there is no decree nisi, no decree absolute, and no intervention by the King's Proctor. Instead there is a single and final judgment, and when a decree of divorce is p.r.o.nounced the successful litigant at once succeeds to all rights, legal and conventional, that would have come to him or her on the death of the losing party. If the husband is the offender, the wife in such circ.u.mstances may claim her right to one-third of his real estate; and if there are children, to one-third of his personal property, and to one-half if there are none.

=Voidable Marriages.=--If a man and woman go through the marriage ceremony, such a contract is null and void under the following circ.u.mstances: (1) Where bigamy has been committed; (2) if one of the parties were insane at the time of marriage; (3) where the plaintiff is under sixteen years of age; (4) when the marriage has not been consummated or followed by cohabitation; (5) when one of the parties was incapable of performing the marital act (impotent, and such not known by the other at the time); (6) when drunkenness had been induced so as to obtain consent; (7) concealment of pregnancy at the time of marriage.

x.x.xIX.--FEIGNED DISEASES

Malingering in its various forms is by no means uncommon, and by many is regarded as a disease in itself. It is necessary, however, to distinguish between those cases in which it is feigned for some definite purpose--for example, to escape punishment or avoid public service--and those in which there is adequate motive, and the patient shams simply with the view of exciting sympathy, or from the mere delight of giving trouble. It is not uncommon for individuals summoned on a jury, or to give evidence in the law courts, to apply to their doctor for a certificate, a.s.signing as a cause of exemption neuralgia, or some similar complaint unattended with objective symptoms. In such cases it is well to remind the patient that in most courts such certificates are received with suspicion, and are often rejected, and that the personal attendance of the medical man is required to endorse his certificate on oath.

Malingering has become much more common since the National Health Insurance Act has been pa.s.sed. The possibility of obtaining a fair sum each week without the necessity of working for it induces many persons either to feign disease or to make recovery from actual disease or accident much more tedious than it ought really to be.

The feasibility of successfully malingering is greatly enhanced by the possession of some chronic organic disease. An old mitral regurgitant murmur is useful for this purpose.

It is not flattering to one's vanity to overlook a case of malingering, but should this occur little harm is done. It is a much more serious matter to accuse a person of malingering when in reality he may be suffering from an organic disease.

Here are some of the diseases which are most frequently feigned:

=Nervous Diseases=, as headache, vertigo, paralysis of limbs, vomiting, sciatica, or incontinence or suppression of urine, spitting of blood; others, again, simulate hysteria, epilepsy, or insanity.

On the other hand, the malingerer may actually produce injuries on his person either to excite commiseration or to escape from work. Thus, the beggar produces ulcers on his legs by binding a penny-piece tightly on for some days; the hospital patient, in order to escape discharge, produces fact.i.tious skin diseases by the application of irritants or caustics.

It is much more difficult to decide whether certain symptoms are due to a real disease which is present, or whether they are merely exaggerations of slight symptoms or simulations of past ones. The miner, after an injury to his back, recovers very slowly, if at all. He is suffering from 'traumatic neurasthenia'--a condition only too often simulated, and a disease very difficult to diagnose accurately. The miner takes advantage of our ignorance, and continues to draw his compensation. A workman during his work receives a fracture; instead of being able to resume work in six weeks, he a.s.serts that the pain and stiffness prevent him, and this disability may persist for months. Such cases as these frequently come before the courts when the employer has discontinued to pay the weekly compensation for the injury. Medical men are called to give evidence for or against the injured workman.

=Epilepsy= is often simulated. The foaming at the mouth is produced by a piece of soap between the gums and the cheek. The true epileptic, especially if he suspects that a fit is imminent, takes his walks abroad in some secluded spot, whilst the impostor selects a crowded locality for his exertions. The epileptic often injures himself in falling, his imitator never; one bites his tongue, but the other carefully refrains from doing so. The skin of an epileptic during an attack is cold and pallid, but that of the exhibitor is covered with sweat as the result of his exertions. In epilepsy the urine and faeces are pa.s.sed involuntarily, but his colleague rarely considers it necessary to carry his deception to this extent. In true epilepsy the eyes are partly open, with the eyeb.a.l.l.s rolling and distorted, whilst the pupils are dilated and do not contract to light; the impostor keeps his eyes closed, and he cannot prevent the iris from contracting when a bicycle-lamp is flashed across his face. A useful test is to give the impostor a pinch of snuff, which promptly brings the entertainment to an end.

=Lumbago= is often feigned, and the imposture should be suspected when there is a motive, and when physical signs, such as nodes and tender spots, are absent. A simple test is to inadvertently drop a shilling in front of him, when he will promptly stoop and pick it up. The same principles apply to spurious sciatica.

=Haemorrhages= purporting to come from the lungs, stomach, or bowels, rarely present much difficulty. The microscope is of use in all cases of bleeding. Possibly the gums or the inside of the cheeks may have been scratched or abraded with a pin.

=Skin Diseases= are excited artificially, especially those which may be produced by mechanical and chemical irritants. The most commonly employed are vinegar, acetic acid, carbolic acid, nitric acid, and carbonate of sodium; but tramps frequently use sorrel and various species of ranunculus. The lesions simulated are usually inflammatory in character, such as erythema, vesicular and bullous eruptions, and ulceration of the skin. They may be complicated by the presence of pediculi and other animal and vegetable parasites. Chromidrosis of the lower eyelids in young women often owes its origin to a box of paints.

Fact.i.tious skin diseases are seen most commonly on the face and extremities, especially on the left side--in other words, on the most accessible parts of the body.

Feigned menstruation, pregnancy, abortion, and recent delivery are common, and should give rise to no difficulty. The same may be said of feigned insanity, aphonia, deaf-mutism, and loss of memory.

The following hints may be useful to a medical man when called to a supposed case of malingering: Do not be satisfied with one visit, but go again and unexpectedly; see that the patient is watched between the visits; make an objective examination, compare the indications with the statements of the patient, noting especially any discrepancies between his account of his symptoms and the real symptoms of disease; ask questions the reverse of the patient's statements, or take them for granted, and he will often be found to contradict himself; have all dressings and bandages removed; suggest, in the hearing of the patient, some heroic methods of treatment--the actual cautery, or severe surgical operation, for example; finally, chloroform will be found of great use in the detection of many sham diseases.

XL.--MENTAL UNSOUNDNESS

The presumption in law is in favour of a person's sanity, even though he may be deaf, dumb, or blind.

The terms 'insanity,' 'lunacy,' 'unsoundness of mind,' 'mental derangement,' 'madness,' and 'mental alienation or aberration,' are indifferently applied to those states of disordered mind in which the person loses the power of regulating his actions and conduct according to the ordinary rules of society. The reasoning power is lost or perverted, and he is no longer fitted to discharge those duties which his social position demands. In some cases of insanity, as in confirmed idiocy, there is no evidence of the exercise of the intellectual faculties. It is probable that no standard of sanity as fixed by nature can be said to exist. The medical witness should decline to commit himself to any definition of insanity. There is no practical advantage in attempting to cla.s.sify the different forms of insanity.

According to English law, madness absolves from all guilt, but in order to excuse from punishment on this ground it must be proved that the individual was not capable of distinguishing right from wrong in relation to the particular act of which he is accused, and that he did not know at the time of committing the crime that the offence was against the laws of _G.o.d_ and _nature_.

Lunatics are competent witnesses in relation to testimony, as in relation to crime, if they understand the nature of an oath and the character of the proceedings in which they are engaged. The judge, as in the case of children, examines the lunatic tendered as a witness as to his knowledge of the nature and obligation of an oath, and, if satisfied, he allows him to be sworn.

A person, if suffering from such a state of mental unsoundness as to be unable to take care of his property, may be placed under the care of the Court of Chancery. The Court then administers his property, and otherwise allows him entire freedom of action.

With regard to the care of lunatics, no person is allowed to receive more than one lunatic into his house unless such house is licensed and the proper certificates have been signed. One patient may be taken without the house being licensed, but the usual certificates must in all cases be signed, and the Lunacy Commissioners communicated with. If a person receives another not of unsound mind into his house, and such person becomes subsequently insane, the person so keeping him renders himself liable to heavy penalties, unless the legal certificates are at once procured and the Commissioners of Lunacy communicated with.

At common law it appears that a lunatic cannot be placed in an asylum unless dangerous to himself or to others, but under the Lunacy Acts the placing of a madman in an asylum is considered as a part of the treatment with a view to the cure of the patient.

XLI.--IDIOCY, IMBECILITY, CRETINISM

=Idiocy= is not a disease, but a congenital condition in which the intellectual faculties are either never manifested or have not been sufficiently developed to enable the idiot to acquire an amount of knowledge equal to that acquired by other persons of his own age and in similar circ.u.mstances with himself. Idiots, as a rule, are deformed in body as well as deficient in mind. Their heads are generally small and badly-shaped, and their features ill-formed and distorted. The teeth are few in number and very irregular. The hard palate has a very deep arch, or may even be cleft. The complexion is sallow and unhealthy, the limbs imperfectly developed, and the gait is awkward, shambling, and unsteady.

In his legal relations an absolute idiot is civilly disabled and irresponsible, but in regard to crime, or as a witness, see remarks made above.

=Imbecility= is a form of mental defect not usually congenital, but commencing in infancy or in early life. The line of demarcation between the imbecile and the idiot may be found in the possession by the former of the faculty of speech, in distinction from the mere parrot-like utterance of a few words which can be taught the idiot. Imbecility may be intellectual, moral, or general. Questions frequently arise as to their responsibility for actions done by them, or as to their ability to manage their own affairs.

=Cretinism= is a form of amentia, which is endemic in certain districts, especially in some of the valleys of Switzerland, Savoy, and France. The malady is not congenital, but its symptoms usually appear within a few months of birth. The characteristics of this form of idiocy are an enlarged thyroid gland const.i.tuting a goitre or bronchocele, a high-arched palate, dwarfed stature, squinting eyes, sallow complexion, small legs, conical head, large mouth, and indistinct speech.

=Feeble-Minded.=--These are persons who are capable of earning a living under favourable circ.u.mstances, but are incapable, from mental defect which has existed from birth or from an early age, of (a) competing on equal terms with their normal fellows, or (b) of managing themselves and their affairs with ordinary prudence. Feeble-mindedness may affect the moral nature only, rendering the person selfish, untruthful, obscene, or unemployable. The Act of 1899 controls feeble-minded children; many such become paupers, criminals, prost.i.tutes, etc.