Dr. Augustus Allen Hayes Testimony in a Murder Trial

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: George C Hersey, Betsy Frances Tirrell

FROM THE TRIAL OF GEO C HERSEY, MURDER OF BETSEY FRANCES TIRRELL

was going to tell me what the doctor said, but broke off, and says, • "Your aunt has told you." I said, "No." Next, I said if she didn't wish to teft me, I didn't wish to know. Then she asked him to step into the shed or to go in there. She was standing by the shed-door at the time. He went into the shed opening out of the porch-room with her. They were gone but a short time. I think Mrs. Vining only passed through the room and went out the door. This was the time he was walking the room rapidly. It might be five or ten minutes that he remained. Then he passed out and said he was going to mother's, or Mrs. Vining's, I don't know which. I saw him go across the yard. I believe I passed out the door about the time he did, and went home.

Charles Brigham sworn • examined by Mr. Harris.• I am an architect. I made these plans and measurements. [Plans of Wilson Tirrell's house.] The distance between the front chamber-door and this door (the door of Hersey's room), I cannot state. [Witness was instructed by the Court to

Amos S. White sworn • examined by Mr. Harris.• I am an apothecary at Weymouth Landing, about two miles from Wilson Tirrell's. I never sold any strychnia or other poison to any member of that family. I did not know Betsy Frances. I have an account of all sales of poisons since the law obliging us to keep an account was passed, and find half a dozen cases of sale of strychnine. I put down the name of the person buying, the date, and what the poison is to be used for.. I have a clerk who has made some sales, and he is instructed to keep account of everything sold in that line. I have no name of that family on my list. I have sold quite small quantities of strychnine, except to one person, a farmer, who has bought it to kill birds. I keep it in small crystals.

Cross-examined by Mr. Baker. • I have sold William Hersey cigars and fancy goods, such as portmonies. I think he had a hair-brush and comb. I don't remember any perfumery.

Re-direct by Mr. Harris. • The name of my clerk is Francis Amble.

Dr. Augustus A. Hayes sworn • examined by Mr. Foster. • I reside in Boston; I am a consulting and analytical chemist, a doctor of medicine, and hold the office of State Assayer. I have prepared myself, by studies, to make examinations for poisons. I have been in practice for thirty-two years. I have studied the properties of strychnia for the last fifteen years, and for the last ten years quite minutely. I have made chemical examinations'of a large number of stomachs for the purpose of discovering strychnia, if contained in them, and have studied the action of strychnia on organic structures. I now recollect but three cases where the strychnine was separated in quantities and declared afterwards. Both "strychnine" and strychnia are words in English use.

On the sixth of May, 1860, I received from Dr. Howe, who stated that he came from Weymouth, a large stone-ware jar, the contents of which were about four gallons; that is, that was the size of the jar. It was carefully wrapped in paper, taped and sealed, and the seals bore the impress of some device. He requested me to make a chemical examination of the contents of the jar, stating that there were present the liver, stomach and intestines of a person. He also stated that he was requested to place the organs in my possession by the coroner, and that they were those of Betsy Frances Tirrell, of Weymouth. I had some conversation with Dr. Howe at the time, and asked him if it was a case of suspected poison. His ' reply was that the person died in convulsions, and that he did suspect poison. The jar remained in my possession, placed in a closet adjoining my laboratory, until the morning of the eighth of May; it was then taken up for analysis. . On opening the jar, I found the seals were unbroken, and the tape so secured that it could not have been open-ed after it was sealed. Within was a mass, in its inflated state, the bulk of more than a gallon. On top was the liver, and below the stomach, with the intestines attached. I found the upper part of the stomach carefully secured by ligatures, and the extremities of the intestines also carefully secured, so that they would retain within any fluid matter. The stomach was removed by cutting it from the intestines, leaving some five or six inches, and the opening, for the moment, secured until the mass could be deposited in a vessel used only for that purpose. It was sufficiently capacious to hold two or three times that mass. I found the outside of the stomach of a slightly reddish color, and the little fluid that appeared on the outside of the stomach was also of a reddish color, as was that which remained in the vessel.The stomach itself was then divided longitudinally by means of a pair of sharp scissors, so as to empty it of its contents and allow me to spread it on the inclined sides of the vessel, so that any fluid matter would pass over it and be retained in the vessel. After the contents had slightly drained, the surface of the stomach was examined for the purpose of discovering any adhering matter of a granular character. I now speak of the inner surface of the stomach, which presented an even surface, and would display everything of a granular character. I found some seeds of raisins, and some little pulpy masses of fruit, but no unusual foreign substances could be seen. There were some little marks of bran, derived from bread. The surface was then carefully washed by a small stream of water directed upon it, so as to expose the internal part fairly to view. I found the upper portion slightly discolored; the blood-vessels were filled with blood at the upper portion, but there was no corrosion of the parts, nor removal of the mucous lining, as marking any decisive action on that part. The lens or magnifying-glass was used in the subsequent examination, but no definite information was obtained in regard to the cause of death by the appearance of the surface. The stomach of a person whose death has not been caused by poison is generally of a grayish color, with a slight tint of rose-color pervading the whole of the internal part. That is covered by a very delicate coat, which is called the mucous lining, and serves to protect the vessels beneath. In cases of health, that lining is generally perfect; in cases of slight disease, it is somewhat torn or damaged, or partially removed, and in cases where very active or corrosive bodies have been introduced into the stomach, it is generally wholly removed. Often, it is. not only wholly removed, but the parte below are corroded, presenting the appearance of having been scalded, acted on violently, the vessels having a bloody appearance; and the inspection in the way I have mentioned shows at once the action of a corrosive body, such as a strong acid, or an acid metallic salt. Corrosive sublimate would represent an active poison of the metallic class; oxalic acid, sulphuric acid, any of those corrosive bodies, — would represent a poison of another kind. Arsenic acts upon the stomach when it is so situated that solution has taken place, not only so as to destroy the mucous lining, but below the mucous lining, and then this slightly-reddened surface is presented. The object of this examination, in part, was to discover whether any corrosive poison was there. Another object was to find, if possible, the substance that produced the effect. It often happens, in the case of arsenical poisons, that we find the substance in contact with the remains, and it is a kind of evidence we are very anxious to obtain. In this case there was no appearance of corrosive action, and the part which was reddened might be considered as only inflamed, as only the effect of disease, and that not very considerable disease.

Having observed that the appearance did not denote a corrosive poison, the next step was that of cutting out parts from various portions of the stomach, so as to represent about one third a large third of the whole mass of the stomach; and at that point the examination of Jhe fluid which had passed out of the stomach was commenced. This had reposed so long, that any heavy matter contained in the fluid would have subsided to the bottom of the vessel, and been retained there, so that when the fluid portion was carefully poured off, any heavy powder would have been found at the bottom of the vessel. A few little granules of starch, some more partly broken up skins and interior of fruit, were all that could be found. We always find starch in stomachs where the recent food has been composed in part of vegetable food. Bread always leaves the granules of starch present, as do potatoes, rice, and articles of that kind. Indian meal leaves not only starch, but portions of the meal are found. We attach very little importance to these appearances, and in this case, the only impression left on my mind was, that the food which had been taken was nearly, if not quite, digested. There were some few flakes of animal matter, which-might have been derived from the stomach itself, or the mucous membrane, or it might have been partly digested food. There was nothing in these appearances to enable me to fix upon any substance acting there to produce the effect which had been stated.

About one-third of the stomach having been detached from the parts adhering to it, and placed in a suitable vessel, a portion of the fluid which had passed out of the stomach was also added to it, aud this portion represented the portion which I proposed to take for the analytical trials. A small part of this third of the stomach was then examined for metallic poisons. Two courses were adopted: one of forming an alloy with copper, if arsenic or antimony should be present; and the other was the application of sulphhydric acid and sulphhydrate of ammonia for the detection of other metals. None were discovered, and the absence of these led to the analysis for organic poisons. The remaining portion of the third, with the whole of the remainder of the stomach, was placed in a suitable vessel, and mixed with a pasty hydrate of lime, the purity of which was known, and is such as has been used by myself for years in these analyses. I will here state, to avoid repetition, that the apparatus used is reserved for operations of this kind. The surfaces are washed with strong acids and alkalies before water is used to complete the cleaning. All the apparatus, even the table, is in a state of perfect cleanliness.

The vessel was heated by a water bath, and the temperature retained in the mass not allowed to exceed 150° F., and it was generally 120° or 130°. It was observed, as the hydrate of lime commenced its action on the cut portions of the stomach, that those parts which had presented a reddish tint retained that appearance as the tissues dissolved in the fluid produced. As the solution of the stomach took place, the fluid became of a red color, whenever it was not exposed to the air; and after the entire solution of every portion of the stomach, so as to form a homogeneous Semifluid, the mass dried down and became almost solid. The object in using hydrate of lime in contact with the stomach is to break up entirely the mechanical structure of the stomach. We wish to reduce it to a fluid state, so that there shall be nothing of a spongy nature remaining, and that the blood-vessels, and everything of a fibrous character, shall be broken down, so that there shall be left, at one moment, a stomach perfectly in the form of a fluid.

The dried mass to which I have referred was powdered, and divided roughly into thirds again, two-thirds being retained, enclosed in a vial, closely corked. One-third was now taken, placed in a vessel with a small opening, and subjected to the action of about ten times its weight of pure alcohol. The mass was boiled for some minutes; afterwards allowed to become perfectly cool, and the clear part passed through a prepared paper filter. Successive portions of alcohol were added to the filter to wash away what adhered, and the remaining parts were retained. The clear portion that had passed through the filter presented a light tint of yellowish brown color, which was placed in a vessel heated by the water bath, and then evaporated until the passing off of the alcohol left a yellowish brown, thick mass, which was quite complex in its composition; containing some vegetable acids, some oily acids, some sugar of fruits, and a portion of glycerine, besides other bodies which were not specially examined. This thick syrupy fluid was now mixed with some diluted pure sulphuric acid. It was a sinii-fluid mass resulting from the evaporation of the alcohol. The volume was thereby increased. The alkaline action was destroyed, or replaced by a decided acid action; and the fluid was now heated to dissipate volatile acids. After half an hour the addition of stearic acid and purified white wax was made. These bodies melted freely in the fluid, and united to some oily bodies which were present in the fluid. After cooling the mass to about sixty degrees, or lower, the oily bodies present had become solid, and a light, transparent rose-colored fluid was obtained. This is a step necessary in this process for the removal of fatty bodies; they become solid and brittle, so that we can readily strain off the clean fluid, leaving them behind. The whole bulk of this fluid was about half a fluid ounce, — not far from what a large tablespoon would contain. A vial which would contain about four ounces, and could be closely stopped, was half filled with absolutely pure sulphuric ether; to this about sixty grains of a strong solution of caustic soda was added, and into this vial containing the ether the clear solution from the wax was passed, agitating the whole so as thoroughly to mix the parts together. The fluid was acid in its character. If there was a poisonous body present it would be dissolved in the acid. The object of this step with alkaline ether is two-fold: we wish to use an alkali to cause a decomposition of the acid salt in solution; the ether will dissolve certain bodies; and by proceeding in this way, we present to the ether, at the moment of its separation, any body that may be considered as the poisonous principle of vegetables. Mineral bodies, if present, would be excluded from solution in ether. The presence of mineral poisons was rendered impossible by previous steps, as well as by this test. There are only a few bodies that can dissolve in ether, under the conditions which I have stated. In proceeding with the analysis, the clear etherial fluid was decanted into a shallow glass vessel, and allowed to evaporate spontaneously in the air. There were brilliant granular crystals adhering to the vessel, after the ether was passed away. These brilliant clear crystals were not dissolved when a considerable quantity of water was added. This gives the substance in a tolerable pure state, and suitable for the physical examination, and, in fact, the first chemical examinations. The substance actually found is not in my possession in the condition here described.

It was after the demonstrations on this substance that I wrote the letter to Dr. Howe, the ninth of May, stating that I had discovered strychnia as the poison in the stomach.

These crystals were not dissolved in water, which excludes the presence of a number of substances which might possibly have been in the stomach. The water, however, acquired a bitter taste, and not only that, it left a sensation which is peculiar,— the impression of a metallic salt. The crystals were readily dissolved by alcohol, and the solution obtained, when allowed to dry away, left long, white, prismatic crystals upon the containing vessel.

In speaking of pure alcohol, I mean alcohol purified from all foreign substances except water. In this case the alcohol contained a small portion of water.

The crystals, alter the process I have described, were deemed sufficiently pure for experiments of a chemical kind.The first step was to dissolve them in the smallest quantity of sulphuric acid and obtaining a salt which was quite soluble in water. Another acid was used, a portion of oxalic acid, and that dissolved into a clean fluid the crystals; and when the water had passed away, it left clear prismatic crystals. Nitric acid dissolved the alkalies freely, and when the Water had passed away, I then had brilliant points of crystals which appeared to be eight-sided. Either of these salts, when dissolved in water, was intensely bitter to the taste, perhaps the extent of bitterness that the palate can endure. This is another characteristic which I will mention as one of some importance as an indication of what might probably be found. I now added to the solution of the sulphate a portion of the body called iodic acid, and no change was observed. The object of this is to exclude some other bodies that may be supposed to be present; to determine that the crystal or salt was not composed of these other substances. To a very minute portion of the crystals of the alkaloid which were obtained before the salts were formed, a few drops of oil of vitriol, a very corrosive ajrent, were added at the common temperature. The oil of vitriol had no effect upon these crystals; and that fact excludes a large number of substances that might be barely supposed to be present. A small portion was mixed with the salt called the sesquicliloride of iron, and no change following, another body was excluded. Nitric acid was added, and a very slight change to yellow was observed.

The tests which had now been applied excluded so many of the bodies called alkaloids, that there were only two or three of the organic bodies which might be present. A minute quantity of morphine might have been present in the etherial solution, a minute quantity of the alkaloid called brucia, and another called cinchonia, might have been present'; but the crystallization of the salts, in perfect crystals, excludes these bodies as mixtures, and the tests prove their absence.

The chemical experiments for ascertaining the characteristics of the substance found as a crystallized alkaloid were now commenced. A portion of the crystals was mixed with diluted sulphuric acid, so as to form a solution, and with this solution was mixed a little of the solution of the salt called the eliminate of potash; and the effect was the production of a yellow precipitate, the whole liquor became turbid, and finally a beautiful yellow salt was formed and fell down in the fluid. The next step was the addition of a salt called bichromate of potash, and the same result followed the addition of the lastnamed salt. These yellow crystals adhered to the vessels, so that the liquors above them could be decanted off, and the crystals dried in the air. The yellow crystals, having been dried in the air, were mixed with a few drops of sulphuric acid (oil of vitriol), and instantly a blue or deep violet color was produced. It passed through very rich hues of purple, red, and finally orange yellow. This change of color in this salt indicates one single known body only, and that is strychnia, or strychnine.

I did not stop at this point, but proceeded to apply the other tests for strychnia, and if it be not too much in detail, I will state them with their results. The substance obtained was an oxidized salt of strychnia. By the addition of chromate of potash, the strychnia had become combined with the highly oxidized body called chromic acid, and by the addition of oil of vitriol, the chromic acid was immediately liberated from contact with the substance which had been united to the chromic acid. As applied in this manner, this is a known and reliable test of strychnia, and has the same value as the sweetness of sugar, as we commonly speak of sugar. There is no other substance that will be so changed under the same conditions. I use the reference to sugar as a familiar illustration. The evidence which we obtain by tasting sugar is deemed conclusive in common cases of the presence of sugar. The evidence we have in this case goes beyond this. The chemist, ordinarily, in questions of a commercial character, stops here. But in cases where life rests upon the determination, it is deemed best to pursue the investigation further.

The next test applied to the solution of the sulphate was a solution of gall-nut, which caused some white curdy matter to fall from the fluid. This is a general test, not a discriminating one. The next was tannic acid, with nearly the same effect. Taken in connection with the other tests, this adds to the evidence. The bichloride of platina, a yellow precipitate in floss which afterwards become crystals. That is a very important test. I consider these all as adding to our knowledge of the subject'before us. The next substance was the iodide of potassium, which produced a white precipitate, becoming a salt in minute prisms. This adds to our knowledge, and is connected with the next I name, which is iodine dissolved in the same, iodide of potassium, which produced a different precipitate, being of a brown color and not crystallized in form. This precipitate was changed by solution of potash into a dirty white substance. The next test was bromine, an elementary body, and it produced a bright yellow precipitate, not crystalline. The next was chlorine, producing a white precipitate. The next, sulphocyanide of potassium, — a white crystalline precipitate. Carbazotic acid was next used, producing a precipitate in short threads. Chloride of palladium produced a dirty white precipitate. Bichloride of gold, producing flosks, which became granular, and which could not be dissolved by heat in the solution. Carbonate of potash precipitated white crystals. Potash produced a thick mass becoming crystallized, and both of these crystals last named could not be dissolved by heat. Carbonate of ammonia produced a white deposit, becoming crystalline. Other substances were used, which I have purposely omitted to name. These are tests which may be considered as characteristic in their indications, and conclusive evidence, when taken together, of the presence of strychnia or strychnine.

The concluding experiments, and which, taken in connection with those given, and of a more definite character, were these: Going back to the crystals obtained from the pure ether solution, I added a drop of oil of vitriol to a small portion of the substance, adding also a portion of the bichromate of potash, and obtained a beautiful deep blue, passing into violet, purple, and finally terminating in orange-yellow. The same process of using a drop of vitriol and the addition of the black oxide of manganese developed the same hues in the same order of succession. The same repeated, using brown oxide of lead instead of the black oxide of manganese, produced the same colors, in the same order. The same, using the powder of the red prussiate of potash with a little of the alkaloid, and the same colors were produced. .

These are the tests for strychnia; and after having passed . through these tests, no doubt can remain on the mind of the chemist with regard to the substance or its character. There is no other known crystallized solid body that will produce these colors.

By leave of the counsel, I will exhibit to the jury commercial strychnia in its two forms, in powder and in crystals, and strychnia as produced from the stomach. [Specimens exhibited to the Court and jury were skins and seeds of fruit, brilliant crystal strychnia from the stomach, crystals of sulphate of strychnia grouped, and chromate of strychnia in yellow crystals.] I have made no experiments with this substance on animal life.

On the 12th of May, Dr. Appleton Howe brought me the spoon I hold in my hand. The coating which now appears upon this has been very much contracted in thickness in the lapse of twelve months. There were then existing some brilliant fractured crystals representing strychnia as sold. Some of these have been removed and tried by the tests, and proved to be strychnia. I am prepared to state most positively that strychnia was found in the stomach in considerable quantity. I have.weighed two grains and one-tenth from about two-thirds of the stomach. The other third of the dry mass from the stomach I placed in the hands of Professor Horsford, I think on the 24th of May. I gave him the lime preparation as representing one-third of the stomach and its fluids. I am prepared to swear that there was strychnine upon the spoon at the time it was received, and that the strychnine still exists there, and that the remaining substance is some jelly or preserved fruit; and I connect with the occurrence of the jelly on the spoon certain appearances of jelly and of color that I detected in the stomach. When this surface [of the spoon] is magnified, the crystals can be seen. That is a merely physical indication. When, for the purpose of chemical experiment, the jelly is washed away, the crystals of strychnia are left behind, and to them we can apply the tests that I have named, if necessary. In such a case, when we have the strychnia, the application of a few tests is sufficient to settle the question. I did not, however, stop at that point, but made the investigation very thorough, to convince myself that strychnia was present, and I have made experiments since, so that I can say ;positively it is .on the spoon now. It is visible to my eye by the use of the lens.

It takes but a few moments to make the " color tests," and I have come prepared to do so, if not objected to. [The counsel for the defence objected, and were invited with their experts to witness them during the recess of Court.]

Strychnia is the poisonous principle of nux vomica and the St. Ignatius bean. The whole poisonous properties of these vegetables are seen in this and another alkaloid that accompanies it. The article used in commerce is freed as much as possible from the other alkaloid, and is used in very minute doses in medicine. The larger portion is used for poisoning animals foxes in the country and dogs in cities. Its use as an agent for producing death has not been known to the toxocologist but for about fifteen years; and the process I have given to you here, and which is of the highest value in the reparation, has been known only about eight years.

The concentrated poisonous properties, as you see them in strychnia, enable that substance to produce death when administered in very minute portions. I do not know how small a •quantity can produce death. Taking the cases which are reported, and making due allowance for that portion which remains unabsorbed in the stomach, and which has no effect whatever in producing death, I have fixed upon half an English graiu as sufficient, in a majority of cases, to prove a mortal dose. I mean half an English grain administered. The subject is one that is not very clear to any one, from the fact that the action of this, like that of other poisons, is very much modified by the state of the system, and more remarkably so by the state of the stomach and its condition in regard to food, and furthermore by the state in which the poison is administered. I think half a grain will produce death if it be administered in solution, and no medical aid is at hand; and with one single grain introduced into the stomach, I think it would be impossible for human life to exist. The quantity operating is very minute, and its action in the system is that of what is termed a spinal poison, which acts through the great nervous centre of the upper portion of the spine. Its application to the nerves is not attended by the same action as when it is taken into flhe stomach, and there absorbed, or brought into a condition to enter into the blood. It is probably through the blood first that the spinal marrow is affected, and those muscles which are termed the voluntary muscles are those which are first called into action. Spasms, contortions and convulsions of a very peculiar character are produced, owing to the contraction of the muscles; and the best authorities now conclude that death is caused by suffocation. The breathing processes are all stopped mechanically, by the contraction of the muscles, which close the breathing organs ; and where the effects of strychnia have been carefully observed (of course these cases must be very rare), those symptoms have been exhibited, and the highest authorities I believe now conclude that the spinal centre influences the after contraction of the muscles so as. to produce characteristic motions of the back, limbs, fingers and toes, and the lungs and heart are prevented from the usual healthy action. In regard to the time when death takes place, nothing precise can be stated. I know that in a great number of cases, where the poisonous substance was in a condition to be made soluble, or was given in a soluble form, death has followed, in one case, from less than half a grain, in about sixteen minutes from the time it was taken, the individual — a physician — being a healthy person. In other cases, the action has been prolonged; but, so far as I have been able to learn the circumstances, this slow^action has been due to the slowness with which the poison dissolved in the stomach, its protection, in a measure, by the food. The substance being scarcely soluble,—requiring seven thousand times its weight to dissolve it, it dissolves very slowly unless an acid is present; in which case it becomes very soluble, acts much more quickly, and the symptoms of the poison occur much earlier. A sort of provisional limit has been fixed by those who have watched the cases, as being between two and three hours for the duration of symptoms.

I have studied medicine, so as to prepare myself for researches of this nature, including the actions of all poisons upon the human system. I hold a medical degree from one of the most respectable medical institutions of the country, granted to me for the acquisition of that knowledge; and I have read every work on the subject, accessible to myself, and enjoyed very great advantages, in learning the facts connected with the action of poison upon the system.

The stomach of a dog was brought to me by Dr. Appleton Howe. He stated to me his suspicion that the stomach contained poison. I examined it for both mineral and organic poisons, for all poisons, in fact, and none were discovered. There was no strychnia in that stomach. I have no means of fixing the date exactly when it was brought to me. It must have been after the 12th of May; I should think about a week after the 12th of May.

Cross-examined by Mr. Sullivan. • I testified before the magistrate in the preliminary hearing at Weymouth Landing. I testified to the facts as I have testified to them here, as far as I went. I know of no difference. I make this qualification, however. I have repeated the experiments of the separation of all the strychnia and worked on larger quantities since than I then had in my possession. I did not testify as fully there as I have here. I was willing to give the full results of my experiments at that time, as far as obtained, but it was deemed unnecessary by the counsel for the government to go into a full explanation. I had not had the slightest consultation about the matter. There might have been some such question asked as whether I had found strychnia. I should not dare to trust my memory with regard to one, two, or three questions. I think, if you will refer to the testimony, you will see that it was opened for the purpose of going into it very minutely, and I was prepared to do so. You will see that it had been commenced nearly in the way it was commenced here, and I had proceeded to some extent when I was stopped. I cannot say by whom I was stopped. The questions were discontinued. I cannot state whether the magistrate ruled upon the subject. I had no conversation with {he counsel for the government as to what part should be given and what part withheld. I stated at Weymouth that I had obtained the strychnia from the stomach and submitted it to both the color tests, and was convinced also by accordance of the physical tests. The physical appearance of strychnia are those which it presents to the unaided senses, such as the color, the taste, the smell, the form, the lustre, the hardness, and its crystallization. I do not refer to the action of the bichromate of potash, or any of the sulphates, upon the substance itself. I stated there that I had obtained it in crystals, that I had obtained it in crystals of different forms, and that I had formed salts from it, and that I had arrived, by my tests, to a full and complete conviction of its being strychnia, and no other body. I think I gave the same general statement in regard to the matter there that I have here. I do not recollect the substance of that examination.

As nearly as I can now remember, after some references, I have examined sixty-four stomachs for strychnia, where poison was suspected. I have examined a much larger number of stomachs, including those that were purposely poisoned, for my own experiments. I am not able to say when I examined the first stomach, but about twelve years since, I examined for strychnia. I cannot tell how many I have examined within the last five years. I keep no record of the number, and I do not charge my mind with them; and even during the last year, I should find it difficult to say how many I have examined for strychnia. I have discovered strychnia in quantity, separated it, and absolutely ascertained its presence, in only three cases, I think. One of those cases I do not now remember the name of. A case occurring at Auburn, N. H., which has attracted public attention, was one of them, and the present case another. The first I named came to me from New Hampshire, but I cannot state either the county or town. It was within a year and a half. I do not know the condition of the case at present. I made a report in it. I do not remember to whom I made the report. I do not remember by whom the stomach was brought to me. I do not remember the quantity I found there. These cases are almost constantly in my hand, and I make notes, but do not charge my memory with them. I have examined a great many stomachs for the express purpose of finding strychnia. It is a subject to which I have devoted a great deal of attention, and settled most of the important points connected with the examinations. I have made only three examinations where the evidence was of a kind that would permit me to state positively that strychnia was found. I make minutes in my laboratory, upon sheets of paper, as I was taught to do, and I afterwards, where the cases are marked in their character, transfer to a book all those observations which are extraordinary, and not the common occurrences of the laboratory. In the particular cases, I testify from my memory, refreshed by references to those rough notes. They are very brief in words, and sometimes only in character, but perfectly intelligible to myself, and render it unnecessary that I should have any other record. I made this examination a year ago. I have just made a slight, rough note of the order in which some of the experiments were performed, as a copy from the laboratory journal, and nearly as brief as the laboratory journal itself. I make the notes at the time I make the observations, and this paper contains a brief copy of the same. I have not written out any connected account of the examination.

I believe I have read every work of any consequence in the English language, and many of those in the French, on strychnia, or abstracts of the accounts which are given in those works. I am not able to say how many hours I have read upon that subject this year. I have devoted sufficient time to it to keep up with the progress of science, both in connection with strychnia and other modes of poisoning. Not a large amount of reading is required merely to keep up. The knowledge acquired was that previously derived from the standard works.

I cannot state the date when I examined the stomach of Mr. Healey, in the case of Richardson and Healey, in New Hampshire. I really cannot say whether the name was Healey or Richardson. I cannot say whether it was before the examination of the stomach of Miss Tirrell or subsequently. I cannot tell when the case was tried. It was some time in the neighborhood of October or November last, I think. I cannot state positively the date of the trial. The trial did not commence as early as was expected, in consequence of my illness, from an accident. I am not positive that it was tried in November, I testified in that case. All these points can be settled by reference to books at home. I did not come prepared to examine them.

The quantity of strychnia found in the case of Richardson and Healey was a little less than two and a half grains. I make charges for my services in these cases. I have no means of knowing the date of the charges, or even of the payment. I am quite sure the bill was paid at the usual time. The bills are given in, and pass through the examination of the authorities, and the amounts are returned to me. In regard to the payment in New Hampshire, I can state positively that I was paid at the close of the trial. I recollect perfectly going to the bank to obtain my money before I left the place. I do not recollect of going to the bank or getting the money in the other New Hampshire case. I received it from some of the town authorities — I don't know who. I can tell by referring to my books at home.

I can testify most positively with regard to every point there stated. I think I gave a portion of the stomach to Prof. Horsford the 24th of May. The then Attorney General [Mr. Phillips] requested me to furnish a portion of the stomach to Prof. Horsford for analysis, I believe; at any rate, I called upon Prof. Horsford and asked him if he could attend to the matter, and having obtained his consent, appointed a time when he should come to me and obtain the material to be operated upon. It was only a short time before my application to Prof. Horsford that the Attorney General requested me to see Prof. Horsford. I cannot testify directly to the question when Mr. Phillips applied to me. As soon as convenient, I went to see Prof. Horsford. This stomach had been reduced to a dry powder, which I described as having been enclosed,, in a vial. I believe there are but three alkaloids, of all the organic bodies forming solid regular crystals, that can be taken from the etherial solution, decomposed in the manner I have stated; but these are not the same with strychnia, and the colors of the crystals are not the same. The physical appearances of strychnia are those which can be observed by the unaided senses, and embrace color, form, and taste. The color, as it crystallizes, is a physical mark of the substance crystallized. The " color tests " of strychnia is a very loose expression, whenever used; but when chemists speak of the "color tests,".they speak of those tests that produce color by changing the color of the body. I do not think this expression is used by chemists with strict accuracy, but, loosely, we use the term in that way. Morphine, which is hardly soluble in ether, in alcohol produces a crystal, as I have observed it, which appears somewhat like strychnia. Brucia is another substance which produces a crystal resembling it. Cinchonine, another alkaloid, made from Peruvian bark, is another. These are all that come closely to the crystalline form of strychnia. If the crystals of these different substances were so formed as to present the same size contained in the same vessels, and without reference to the solvents, I could not judge from the simple physical examination so far as to express an opinion, and T certainly could not arrive at a demonstration in that manner. If they were not of the same size, I should then distinguish them. If allowed to make an explanation, I can very soon present this point clearly. There are two specimens of the same substance on the table, both in white crystals, which are unlike.

In regard to the chemical authorities in relation to strychnia, I will take some of the English authorities first, as they are not any authorities from their own observations and experiments, but they have been large compilers of the information derived from other sources, and in that view I should put Taylor at the head. He has published several works on poisons and their characteristics. I do not place him at the head of observers. There are several English chemists who have investigated the subject of poisons, and at the head of those who have specially opened up the subject of strychnia I should place Herripeth and Letherby, they have very precise notions, gained from their own experiments, and a writer by the name of Horsley; and in the same language, and standing very high in this department, is our countryman Dr. G. T. Wormley, a professor in Columbus College, Ohio. He has gone into the subject very thoroughly, and denned the linjit of reaction by measure and by weight. I am ready to proceed to give French and German authors if necessary.

I have stated, that the limit which I had assigned in my own mind was half a grain to cause death, when the conditions were such that it could be absorbed, and much smaller quantities have produced death. On the other color tests " of strychnia is a very loose expression, whenever used; but when chemists speak of the "color tests,".they speak of those tests that produce color by changing the color of the body. I do not think this expression is used by chemists with strict accuracy, but, loosely, we use the term in that way. Morphine, which is hardly soluble in ether, in alcohol produces a crystal, as I have observed it, which appears somewhat like strychnia. Brucia is another substance which produces a crystal resembling it. Cinchonine, another alkaloid, made from Peruvian bark, is another. These are all that come closely to the crystalline form of strychnia. If the crystals of these different substances were so formed as to present the same size contained in the same vessels, and without reference to the solvents, I could not judge from the simple physical examination so far as to express an opinion, and T certainly could not arrive at a demonstration in that manner. If they were not of the same size, I should then distinguish them. If allowed to make an explanation, I can very soon present this point clearly. There are two specimens of the same substance on the table, both in white crystals, which are unlike.

In regard to the chemical authorities in relation to strychnia, I will take some of the English authorities first, as they are not any authorities from their own observations and experiments, but they have been large compilers of the information derived from other sources, and in that view I should put Taylor at the head. He has published several works on poisons and their characteristics. I do not place him at the head of observers. There are several English chemists who have investigated the subject of poisons, and at the head of those who have specially opened up the subject of strychnia I should place Herripeth and Letherby, — they have very precise notions, gained from their own experiments, — and a writer by the name of Horsley; and in the same language, and standing very high in this department, is our countryman Dr. G. T. Wormley, a professor in Columbus College, Ohio. He has gone into the subject very thoroughly, and denned the linjit of reaction by measure and by weight. I am ready to proceed to give French and German authors if necessary.

I have stated, that the limit which I had assigned in my own mind was half a grain to cause death, when the conditions were such that it could be absorbed, and much smaller quantities have produced death. On the other hand, Taylor, I believe, mentions one case where three grains were taken without producing death. There are a large number of authorities in other languages, to which I have not referred, but have read.

I did not publish the evidence in the New Hampshire case of the State vs. Healey & Richardson, in the Boston Medical and Surgical Journal. I supplied to the editors and publishers of that journal the notes of the medical testimony taken at the trial by the junior counsel for the government, and which has been submitted to the judge for his approval as a true report of that case. I have not read the report published in the Boston Medical and Surgical Journal. I have seen it. I received some duplicate copies, which I supplied to my friends. I merely counted the number, made up the packages, and sent them by mail. I wrote a note to the gentlemen of the Medical and Surgical Journal, stating that, if it was deemed of sufficient importance to them, I should be pleased to have it published, either in part or wholly, as suited the convenience of the publishers. I carried the package myself, and saw some person, who, I was told, was not the one referred to, and left the package and note with him. It was not my manuscript in any other sense than this — that it was the manuscript of the junior counsel for the government, furnished at my request. I had stated that it was testimony which should be preserved, as it was a case of considerable interest, and involved some questions of novelty. Dr. Oliver called on me subsequently, and asked me to allow him to make some corrections in Dr. Jackson's testimony, of a grammatical character, and I said, " By all means; do so." I never wrote anything of that kind. I may have read one of the numbers partially, but I have never read the testimony consecutively.

The experiments in this case were made in the day-time. I never make an important experiment after the sun has declined and the lamps are lighted, whenever the color or appearance of a fluid comes into play; and I very seldom do any work in the laboratory after the sun has declined. I find a day of some twelve hours quite long enough for the exhausting duties of the laboratory. In cases of special importance, I should not trust to the reaction, where color is concerned, by lamplight. It is a well-known fact that the color from gas-light or candle is of a different character from that of the sun. I have never seen the reaction produced in the colors of strychnine by lamp-light. I have not pursued any investigations leading to a definite conclusion as to why red is red and blue is blue. If you ask me in relation to the sun-light, and why .philosophers suppose the blue color is produced, the blue color is produced by the absorption of the other rays emanating from the sun, in consequence of some peculiarity of the surface. That is the theory of philosophers, I believe, on the subject. I should adopt that theory. The peculiarities of the surface are so changed, that the absorption of all the other rays emanating from the sun takes place readily, and the reflection of the blue rays proceeds. It has no relation to the chemical composition of the body; it is a mechanical effect.

There is a fluid which, when treated in a particular way, will produce colors that approach somewhat, but are never like, those produced by strychnia. There is no body that, when crystallized, produces, in the reactions which have been stated here so carefully, the same colors. There are other bodies, and entirely different chemical compounds, that produce blue. The particles of blue on a dress and in glass are not alike, and the same substance that colors the blue cloth will not color the glass. The arrangement of the particles in the glass, in order to produce a blue color, must be in the same relation to the light received from the rays of the sun as they are in the cloth producing the same color. They are not the same, nor produced by the same substance, but by two different substances. They do not approach in shade to the same color. Art has never yet produced upon poisons or fibrous substances the blue that is produced upon glass. I do not know that I should get a different color by trying the experiments I have mentioned in the night. I do not know the fact. I said that the color of gas or candle-light differed so remarkably from the light of the sun, that some other colors would doubtless be produced. I did not state it as a fact known. The Court here adjourned.

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For further reading, see Harvard Library; Curiosity Collections; Studies in Scarlet Marriage and Sexuality in the U.S. & U.K., 1815-1914 https://curiosity.lib.harvard.edu/studies-in-scarlet/catalog/41-990052536250203941