A prosecution for infanticide : with remarks / by H. Culbertson ; [reprinted from the Cincinnati lancet and observer, April, 1862.

  • Culbertson, H. (Howard), 1828-1890
Date:
[1862]
Catalogue details

Licence: Public Domain Mark

Credit: A prosecution for infanticide : with remarks / by H. Culbertson ; [reprinted from the Cincinnati lancet and observer, April, 1862. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    WITH REMARKS. BY H. CULBERTSON, M.D., ZANESVILLE, OHIO. [ Reprinted from the Cincinnati Lancet and Observer, April, 1862.] State of Ohio vs. Virginia Ann Dan. Presiding Judge, L. P. Marsh, Esq. John Hanes Esq., Dr. V. Hanes, for the State ; John O'Neal, W, H. Ball, Esqs., for defense. The prisoner was indicted for murder and infanticide. The defense set up the plea of insanity ; also that the child might have been born while the mother was laboring under puerperal convulsions ; that under the circumstances the woman might have been maniacal and in that state destroyed the child ; that the sex of the child was not prov- en ; and, as the mother, if she had the child, gave birth to it in the semi-standing position, that therefore the fall might have killed it. The object we have in publishing this case is to consider several points : 1st. The true value of the hydrostatic test as an evidence of breathing : 2nd. The proper duty of the physician in investigating these or other medico-legal cases ; 3d. To consider the legal doctrine of live birth ; 4th. To consider the mental status of the prisoner. In order to condense as much as possible, we will premise, that the State showed beyond a reasonable doubt this child was born in a certain woods, near to a specified lane, some sixty rods from a partic- ular house; and that the defendant was at that house two or three days before her expected confinement, and afterwards,—and in the neighborhood some two days, after which she left and walked in all some six miles. WITNESSES FOR THE STATE. Jane S.—Saw prisoner on Sunday, the 15th of September, 1861, (some two days after the alleged infanticide had been committed,) at the end of a lane. When the prisoner saw her, she avoided, and on coming to her prisoner re- marked, I did not expect to meet you. When witness said, I was going to Mr. 's house, she replied, You need not go up there, as they are not at