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TlM oopy fNiiMd iMra hat bMn rapreduoMi thanks 
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 iji^ 'it^-^ii^ - .Stff^ v^?fag=i;^^; ~itf^ ^ * " i^jT 
 
 FACTS MD OBSEEVATIOIS 
 
 CONNEOTBD WITH TUE MANAGEMENT OF THB 
 
 MARINE AND EMIGRANT HOSPITAL, 
 
 QUEBEC, 
 Indnbing a Ucport of ll)c QLxiai anb !^cquiual 
 
 OF 
 
 THOMAS BURKE, 
 
 FOn THI3 
 
 MAXSLAUGIITER OF WILLIA^I LAWSON, 
 Who died from neglect and improper Treatment in the Ho 'lital. 
 
 BY W. MAESDEN, M. D., 
 
 FKI.I.OW OP THR MEDICO-nnTANlCAI- SOriKTT OF lONllOX; finvKHNOK OF TIIK COM.rOR OF rnTStriAV3 
 ASH yUUUliUNS or CANAUAUA:)!; I'GLLOW OF Tilt: MOMIIKIL I'ATUULUQICAL bOClKir, &C.,&,U., &C, 
 
 
 " Kfagna est Veritas ct prcvalcbit." 
 
 QUEBEC: 
 
 PRINTED BT JOHN LOVELL, AT HIS STEAM PRINTINO E3TABUSHMBNT, 
 L-^ MOUNTAIN STREET. 
 
 :i: 
 
 f 
 
 
 ■ 0\ 
 
 i 
 
M. 
 
 in 
 
 W 
 
) 
 
 FiOTS MD OBSEEYATIONS 
 
 OOMNECTED WITH THE MANAGEMENT OP THE 
 
 MARINE AND EMIGRANT HOSPITAL, 
 
 QUEBEC, 
 Jnclnbing a Report of tl)c (Trial onb Olcqnittal 
 
 ov 
 
 THOMAS BURKE, 
 
 FOR THE 
 
 MAN8LAUGHTE1 OF WILLIAM LAWSOiT, 
 Who diad from negloot and improper Trottment in the Hoipital. 
 
 BY W. MARSDEN, M. D., 
 
 4ira srooioHBor oakadabast; fellow of tub monti.kal patholooical socktt, 4c., Ac, Ac. 
 
 " Magna eat Veritas et prevalebit.' 
 
 QUEBEC: 
 
 PRINTED Vr JOHN MVELL, AT HIS 8TKAM PRINTINO BSTABUSHMBNT, 
 
 MOUNTAIN STREET. 
 
 1852. 
 
( 
 
 FACTS AND OBSERVATIONS 
 
 ooimioTio mm thx haitaouibmt or xaa 
 
 MARINE AND EMIGRANT HOSPITAL, 
 
 <^U£BEO. 
 
 To the Honorable the President and Members of the 
 Executive Council of Canada : 
 
 HoNORABLB GsNTLEMBN, — ^The important and honorable position to 
 which the voice of your country has raised you, has involved you in 
 responsibilities, and imposed upon you duties of a high and sacred 
 character. Althou^ under constitutional government the rulers are 
 elected by a party j the liberal action of modem legislation repudiates 
 the jnractice of governing /or a party. Convinced that each and 
 every member of your honorable body is impressed with this convic- 
 tion, and fully alive to the welfare, wishes and wants of the people in 
 this Province, I respectfully submit the following pages for your 
 attentive perusal and consideration, in sure and certain hope of your 
 independent, judicious, prompt and benevolent action in the premises. 
 
 I have the honor to be, 
 Honorable Gentlemen, 
 
 Your obedient servant, 
 
 W. MARSDEN, M. D. 
 
 A pamphlet having been printed by order of the Le^slative Assem- 
 bly, entitled, " Return to an Address of the Ledslative Assembly to 
 " His ExceUency the Governor General, dated 3rd July, 1851, fiir 
 "copies of all correspondence between the Government, the Board of 
 " Trade, Dr. James Douglas, the Commissioners, House Surgeon and 
 " Visiting Physicians of the Marine and Emigrant Hospital, and other 
 "parties, touching the management of the said establishment," in 
 which I have been libelled, and my name most discreditably, mali- 
 ciously, iiguriouslv audfidsely associated with certun persons, and par- 
 ties, with whom I nave not nor ever had any connexion whatever, I, as 
 well in my own vindication, (since the Act of tiie Legislature deprives 
 me of aa action at law agunst my traducers,) as in justice to the £bceca- 
 
tlve Qovernment over which you preside, present you with the follow* 
 ing statements of facts. Any one reading this "Return" and having 
 no other evidence of the management of the Marbe and Emigrant 
 Hospital, would naturally suppose that I had been a most officious and 
 indiscreet meddler in the affairs of the Institution, as no reason what- 
 ever appears on the face of the Return, for my action in the matter. 
 
 Doctor Fainchaud, (of whom, being the Doyen of the medical pro- 
 fession, I would, for its honor and credit, that I could in truth speak 
 even negatively respectfully,) commences his attack upon me, at page 
 8G, as the " wire puller" of the complainants of Hospital mismanage- 
 ment and as "leagued with Cutter, the Steward, and with hirelings of 
 the Hospital, turned off*, like himself, for their bad conduct, and puts into 
 their mouths oaths to establish the most revolting statements against 
 honorable men of stainless character," &c. With reference to the 
 last assertion of Dr. P., I will only refer to the case of an old lady 
 who sought for her daughter, in the oven, and there found her ; and, 
 on being asked how she thought of looking in such a place as the 
 oven for her daughter, replied that she had once been there herself. As 
 for Mr. Cutter, so far from being leagued with him, I knew nothing 
 whatever about his difficulties, or position, until after he had been 
 suspended from his office. " The Return '* throughout, from the 
 first mention of my name to the last, charges me wi;h most unworthy 
 motives for my course, in reference to the Institution, and as being 
 leagued with others against it ; but I now, once and for all, disclaim 
 any connexion or collusion with any person or party whatsoever. 
 
 At the time I complained to the Commissioners of the death of the 
 late Charlotte Crosby, (who had been a servant with my brother-in- 
 law, F. Andrews, Esq., Advocate, un to the time of her admission 
 into the Hospital, and) who died from improper medical treatment, and 
 was buried in a Roman Catholic Cemetery, although a Presbyterian, 
 I was not aware of the complaints of the Board of Trade, Dr. James 
 Douglas, or any other person whatsoever. Between Dr. James 
 Douglas and myself, not the slightest sympathy has existed for many 
 years past ; and the first intimation I had of the action of the Board 
 of Trade was about the 20th February, 1651, although a different 
 opinion might be formed on reading Mr. Secretary Leslie's letter, at 
 page 14:2, where he says : " His Excellency therefore regrets that 
 whilst you have not hesitated to put forth two specific chu'ges, one 
 of which appears to be based upon Dr. Marsden's letter, which is 
 posterior in date to your first lette/, preferring charges in general 
 terms, the Board of Trade should," &c. If, therefore, my letter to 
 the Board of Trade, in reply to an application of that body, for copies 
 of affidavits in my possession, contained anything that had reference 
 to the charges of the Board of Trade, His Excellency was in error in 
 supposing that their charges were based upon information obtained at 
 a posterior date ; and the information obtuned from me must, there- 
 fore be received, as confirmatory of the charges of the Board of Trade. 
 I had not, however^ I repeat, had any correspondence or comutunica- 
 
6 
 
 tlon with tlie Board of Trade, previous to the date of my letter to 
 tliat body, nor have I since. 
 
 At page 9lj, in reply to a letter of Dr. J. A. WolfTs, Dr. Painchuud 
 says, " You enquire of me in your note of to-day, if there is an order 
 prohibiting Dr. W. Marsden's admission into the wards of the Marine 
 Hospital, which he stated was a lie ? This question lias already been 
 put to me and I answered then, as I do now," (21st Feb., 1861) 
 *' in the affimmtivc. The House Surgeon received an order from 
 two of the visiting Physicians, Dr. James Douglas and myself, to 
 deny Dr. jNIarsden admission to the wards during our altsence." On 
 this subject I addressed Dr. J. Douglas in writmg, who replied in 
 the same manner ; " that, he had never given any such order in re- 
 ference to Dr. IMarsden," and that the Commissior ors alone had 
 power to pass Laws &c., but, that there was no L^w affecting me 
 personally, excepting, wluit applied to every other member of the 
 profession. A similar statement was also made to me by Dr. Morrin, 
 the Chairman of the Commissioners. Dr. Painehaud had, however, 
 uttered his fabrication so often, that he at last seemed to believe it 
 himself; but HuJing that no such Law existed, Dr. I'ainchaud suc- 
 ceeded in obtaining the passing of a By-law by the four Commission^ 
 crs who sign the Report having reference to me personally ! 
 
 No gentleman would tliinlc of intruding hiinself into the wards of 
 an Hospital excepting at the visit hour, and the annexed affidavit is a 
 denial to the supposition that I had ever done so. 
 
 PKOvmcK or Canada, ) 
 District or Quebec. ) 
 
 William Martden, Ductor in Medicine, of the City of Queltec, being duly bwofd 
 iipuu tlic lluly Evuuuolists of Alnii^liW God, doth depose and eoy that Lo never, 
 ut any time, viBited uio Wards of Die Mnnne and Eiiugrant Hospital of this City, 
 excepting in cutn|>any with, or by pei'missiou of one or more of the visiting 
 I'hysiciuns, or tlie House Surgeon, notwithstanding the assertion of Dr. Joseph 
 Painehaud, to the contrary. 
 
 Further deponent aoith not and has signed, 
 
 Wm. Mahsden, M. D, 
 Sworn before me at Quebec, this ) 
 
 m day of July. 1851. V 
 
 O. Hexdebson, J. P. ) 
 
 Dr. Painchaud's Law, however, prohibits my visiting the Hospital 
 at all I — perhaps he was right in obtaining it, as his practice will not 
 always bear scrutiny. "Why did not Dr. Painehaud attack my pro- 
 fessional as well as my moral character ? The one in the Physician 
 is worthless without the other. He knew that with truth he could 
 not impeach either. My professional reputation he knew to be 
 beyond either his praise or his blame, and that he could not obtain 
 the testimony of his coufrercs to support him, who alone are compe- 
 tent judges of such matters. But by what standard does he try my 
 moral character ? In the language of the satyrist, he 
 
 " colls up bawds and bullies to his aid ;" 
 Therefore we find at page 151, the affidavit of a man who is living in a 
 state of open adultery, and against whose fiither I have an action 
 
pending in superior term, for npwardt of two yean past ; the deei* 
 •ion of which, may deprive him of a large portion of his patrimony ■ 
 and, on the ipta dixit of a common prostitute with whom my only 
 intercours.'; was professional, having attended her for an intractable 
 chronic di^^cpse, which had baffled the science and skill of Dr. 
 Paiachaud iind other medical men. Had Dr. Painchaud talcen a 
 tithe of the pains, to investigate the /act$ contained in my letter, of 
 the Ist of March, 1H61, to the Commissioners, that he did to de- 
 ceive them, and to vilify my character, his position and connexton with 
 the Marine Hospital would have been more enviable. Evidence 
 just as veracious as this affidavit, could be obtained from similar sources, 
 by resorting to the same meant*, respecting any individual in the com- 
 munity, from His Excellency the Governor General downwards; 
 and monstrous and improbable as it would appear to many persons, 
 hundreds and thousands would believe it, especially if printed by 
 the authority of Parliament. At page 87, Dr. Painchaud, very 
 benevolently, in his letter to Mr. Secretary Leslie, after having 
 uttered every falMehood that could injure me in the eyes of 
 Uh Excellency the Governor General, Cm which I have too 
 good reason to know that he succeedea,) says, "If I were 
 allowed to conbult the Police Register I might add a great deal more; 
 but that is not permitted without an order of the Government." 
 This dastardly insinuation is not worse, but as bad as every other 
 part of his tissue of falsehoods, real and constructive, regarding me. 
 Lest it should be imagined by any one, that I had been in the habit 
 of figuring in the Police Registers, I have to request, that the Go- 
 vernment will without delay issue the necessary order to permit Dr. 
 Painchaud to refer to the Police Registers ; and, I hereby authorize 
 him to publish every thing he finds in them touching me, in any and 
 every Newspaper in the Country. 
 
 The "Return," purports to be, a return of " all Correspondence 
 between the Government, and other parties," touching the manage- 
 ment of the Marine and Emigrant Hospital, but they are not all, nor 
 ari^ they correct copies of correspondence as it went into the hands of 
 the Commissioners, before it reached the Government. I will, however, 
 confine my remarks to what concerns myself. 
 
 At page 234 Mr. Cleophas Beaubien, following the example of Dr. 
 Painchaud, makes me the associate of Mr. Cutter and the malicious 
 mover of all that affects him, after using my name in the same un- 
 scrupulous manner that all Dr. Painchaud's polluted protig^es have 
 done, he says ; "I may, I hope, he permitted to explain the motives of 
 this dislike — this hatred of Dr. Marsden towards me. I pursued my 
 first studies under him at Nicolet, but the drunken, debauched and 
 immoral habits to which he had addicted himself, compelled my 
 ftiends to remove me from him, &c." Mr. Beaubien must have lieen 
 under the same impression that some other parties who have given evi- 
 dence were, viz ; that his letter would never reach my eye otherwise, 
 he would not have been foolish enough to have written thus, although 
 he might have been sufficiently insincere Mr. C. Beaubien did not 
 
eowimence hh itudUt under me, but under his couiin, Dr. J. 0. 
 Beaubion of St. Thomas, a former pupil of mbe, and, at the repeated 
 and ursent solicitation of himself, and his parents, I consented to take 
 him, with an apprentice fee ; although, I intended as I informed 
 them, to return to Quebec to reside, on the first favorable opportunity, 
 His indenture was accordinsly transferred to me and would have 
 established the above factB,anu contains a provision, that in the event 
 of my removal from Nicolet, the indenture should be transferred to 
 some one else. Mr. Bcaubien continued to be my pupil up to tht 
 hour of my leaving Nicolet, when / l^t him ; ana not he me. 
 I now demand of Dr. 0. Beaubien who is practising, as Physician and 
 Surgeon (having obtained his examination on my certificate) to say on 
 his word of honour as a sentleman, (if he knows what that means,) 
 whether, during the whde time he was with me, he either saw or 
 heard of any drunkenne$$, debauchery or immorality in me. Two 
 cousins of Dr. 0. Beaubien's had studied under me before him, one 
 of whom, since dead at Bytown he succeeded, and the aentleman 
 before named with whom he commenced his studies was the other, 
 so that I was no stranger to Dr. 0. Bt nbien. 
 
 It must be borne in mind, that the whole of the mock trial of the 
 ftur Commissioners was " exparte ;" and will it be believed that the 
 organ of such a trial was an Advocate ! a practising Attorney ! From 
 the date of my first letter to the Commissioners, to this hour, I have 
 never been colled before them, nor asked for proof of the statements 
 that my letters contained ; nor have they seen fit, to publish my letter 
 to them, although they have extracted the copies of aflidavits which 
 accompanied it, and acted on them, placing me in the unenviable posi- 
 tion, as I have before stated of appai'ently being a volunteer grievance, 
 monger. The so called report commences thus : — " Report of the Com- 
 missioners of the Marine and Emigrant Hospital, on the investigation 
 ordered by them on the conduct of C. Eusdbe Lemieux, House Sur- 
 geon ; Cl^ophos Beaubien, the Apothecary ; aud Jane Hamilton, a 
 nurse in the said Hospital." 
 
 The Commissioners of the Marine and Emigrant Hospital heg most 
 respectfully to submit to His Excellency the Governor General, and 
 report that, on the beginning of March, they rrceived from Dr. V\'. 
 Marsden, of this city, a letter accompanied ' v certain documents, 
 purporting to be afiidavits obtained by him from several individuals, 
 and containing serious accusationt against the House Surgeon, the 
 Apothecary, and one of the nurses ; but * the uncivil and threatening 
 tone of hie letter prevented the Commissioners from taking any steps 
 upon It. Theee cnargee, however, voere o/such a scrioui character, 
 that the Commissioners themselves earnestly desired an investigation, 
 Ac" 
 
 So, it appears, that the mock trial of the parties before named, 
 was gone through on my account ; although, " the uncivil and threat- 
 ening tone of his letter prevented the Commissioners from taking any 
 steps upon it." No wonder that the unfortunate victims who have iieen 
 
 * Hie itoUos are mine^— W. M. 
 
8 
 
 dragged before the publie in the CoinmisBionen report founded onmv 
 affidavits, should be revengeful and bitter towards me, especially if 
 they are not guilty. So far from " not takinff steps upon it, however, "^ 
 they have taken the steps that have resulted in their /a&u^ous report. 
 Had the Commissioners published my communicaticns, (whirh for the 
 sake of showing the uncivil and threatening tone they ought to have 
 done,) it would have forced upon them the investigation of charges of 
 a much more serious nature, than those they have^re/en(7e<2 to inves- 
 tigate. Will the four Commissioners inform the public, why their 
 investigation was so cautiously onesided; and why the whole of the 
 evidence was not taken down, and sent to the Governor ? Why, in 
 fact, the evidence icatnot taken down at it wat given f Well might 
 Dr. Lemieux "desire an investigation,'" knowing his peers. Well might 
 he desire it, hoping that the mode investigation of his fbur friends 
 would prevent any further enquiry ; but he, ostrich like, and in imita- 
 tion of his honorable patron and prototype. Dr. Punehaud, imagines 
 that if he can get his head into a bush he cannot be seen. The imma- 
 culate and indignant Dr. Lemieux, In-ings up the rear -guard of the 
 libelers of whom lus patron formed the van ; and each has shown 
 himself worthy of his commander. At page 260, in his defensive, 
 defamatory, and declamatory epistle to the Commissioners, which hie 
 modestly desires " may be submitted to His Excellency," he delivers 
 lumself of the following poetical and professional bathos : — t 
 
 " Mr. Beaubien and I are, therefore, the victims of a plot hatched in 
 the impure and fermenting filth of depraved heuts, whose poisonous 
 fiimes make virtuous modesty sicken and wither ; and he who under- 
 took to manipulate the mixture, all in the cause of religion and mo- 
 rality, is Doctor W^illiam Marsden. 
 
 " It is fit that I apulo^se to you. Gentlemen, if afier tearing the .veil 
 firom the basest of conspirators, I have g^ven too free a course to my 
 indignation, and by th^ use of terms perhaps too energetic, have put 
 dander out of countenance — slander be it remembered, which has 
 pursued me open mouthed for six months with a fury of which I did 
 not think men capable ;" Very indignant and heroic truly ! Wben, 
 where and how did Dr. W. Marsdai slander him ? It would have 
 naturally been supposed, however, that even the sham investigation of 
 Dr. Lemleux's patrons, in the first quarter of the year 1851, would 
 not have been entirely forgotten before the like period of the 
 follGwing year ; but I fear that Dr. Lemieux's shadow follows him as 
 he descends towards the setting sun. Was it Dr. W. Marsden that 
 caused Mr. Whelau, the late Steward, (and Mr. Cutter's predecessor 
 and successor) to resign his situation directly into the hands of the 
 Executive and (very properly taking the past as an index to the 
 future,) to give the four Commissioners the go-bye so soon after his ap- 
 apointment to the office ? Was it Dr. W. Marsden who caused Mr. 
 Whelan to say, " that he would rather return into honest poverty and 
 indigence, than live in luxury or afiluence in an establishment that waa 
 no better than a common brothel ?" The slander then, if slander it 
 
 c 
 a 
 
be, that excited Dr. Lemieux's honest indignation, did not terminate 
 after " six months fury," but his shadow still haunts him, for " consci- 
 ence makes cowards of us all." 
 
 Will the four Commissioners call on Mr. \Miclan to confirm, what 
 lie stated to His Excellency ; or will they now class him as one of the 
 " unworthy and discharged servants ?" It is, however, due to Mr. 
 Whelan (who will now be denounced as a fresh conspirator,) to give 
 the words of the Commissioners themselves, in regard to him, fHien 
 recommending him for the office of Steward, about to become vacant 
 ty their act. At page ICr, they (the four Commissioners) say," That 
 should it please Your Excellency to dismiss Mr. t^nd Mrs. Cutter, and 
 to appoint dther persons in their place, the Commissioners should 
 respectfully submit that, in their opinion, Mr. and Mrs. Patrick 
 Whelan, who filled during many years (Kt !) before the nomination of 
 Mr. and Mrs. Cutter, the situations of Steward and Itfatron, are the 
 most proper persons to be appointed, and that while * their tipriglit- 
 net», their acknowledged morality of conduct, their long andfailh- 
 fvl services, the poverty which they are now suffering, claim for 
 them a re •establishment in those situations." After this, will the four 
 Commissioners call on Mr. \Mielan for proofs ; and wiil they think 
 him worthy of credit ? 
 
 The abuses that exist in the Marine and Emigrant Hospital are not 
 of new or recent date ; but are the resjult and accumulation of a long 
 series of mismanagement ; and I am conscientiously of opinion, that 
 the most serious damage has been done to this institution by the ap- 
 pointment of men of the high, moral, and professional character oftne 
 two medical members of the Commission, who have wisely stood aloof 
 fiYtm the absurd doings of the four lay Commissioners. It seems para- 
 doxical, that men should be bad from their very goodness ; but so '" is. 
 The deservedly high standing of these two gentlemen, were a pi blie 
 guarantee that the duties devolving upon them woiild be well and 
 fiiithfully discharged ; and the public, as well as the Executive, is 
 naturally unwilling to entertain complaints against an institution over 
 which such men are supposed to preside ; but the truth must be told. 
 The Chairman was placed on the late Commissions nolens, volens, he 
 having resigned his former Commission avowedly from inability to 
 discharge the duties, in consequence of his other more important pro- 
 fessional occupations. The otlier gentleman from long continued ill 
 health, was prevented from taking any part in the proceeduigs of the 
 Commission. The long continued indisposition of this gentleman, 
 whose professional attainments, and moral standing are both of the 
 highest order, has been a public as well as a private loss. Had either 
 of these gentlemen been able to attend to their duties, as Commis- 
 sioners, the medical irregularities (to use no harsher term) that have 
 disgrnced this Institution, and out of which all the other evils have 
 arisen, never could have taken place. Medical men alone are fit to 
 fi>rm opinions on medical subjects ; and, where differences, exist 
 
 * My italios.— W. M. ' 
 
10 
 
 between the medical officers of the Institution, and on medical matters, 
 laymen are unable to decide between them. 
 
 I will now give the documents connected with my complaints of 
 the mismanagement of the Hospital teriatim. 
 
 On the 14th of February, 1852, F. Andrews, Esq., called on me 
 to ask my advice <md assistance in reference to one Charlotte Crosby, 
 a servant of his who had died suddenly in the Marine and Emigrant 
 Hospital. The accompanying letter from Mr. A., written after our 
 having striven in vain to get even a tight of the body, will explun 
 itself. 
 
 Qunco, Vlth February, 1861. 
 
 Deab Doctob, — I have before me your note de»iriii^ me to nve a written 
 statement of the particulars and the reeulta of my appbcation on Thursday last, 
 to the authorities of the Marine and Emigrant Hospital, for permission to see the 
 body of the late Charlotte Orosby, my former servant, then lying dead, and I pro- 
 oe«a to comply with your request 
 
 On Thursday, the 14th instant, at about 10 A. IL, on enquiring of a man whom 
 I met in one of the passages of the Hospital, if I coidd be informed as to the truth 
 of certain information I lud received of the death of a patient in the HosfHtaL I 
 was shown by him into, as he said, the Doctor's Boom, ui which was a aentleman 
 whom I did not know, but thought to be Dr. Landry, and whom I addressed as 
 Dr. Landry, but have since ascertained to be Dr. Lemieuz. Addressing that 
 gentleman, I asked him if he could inform me, whether a young woman named 
 Charlotte Crosby, had lately died in the Hospital, and Tt hs answered, "yes, she died 
 the day before yesterday." After some c(mversataon as to the cause of her deatu 
 and the nature of her disease, I enquired whether she was yet buried, and was 
 informed she was not. I then requested permission to lee her, but was im- 
 mediately told I could not be permitted, because a poet mortem was about to take 
 place. 1 ursed, over and over again, my earnest desire to see her, in order to 
 satisfy myself that we both really alluded to the sam'' iperson. I stated my widi 
 to see her, that I might satisfy both myself and Mrs. Andrews as to the truth of 
 her reported death ; that I expected Mrs. Andrews in Town that morning, and 
 supposed she would call at the Hospital, and that I was about proceeding home 
 to prevent her sustaining the bhock of coming to the Hospital ; and findug the 
 young woman dead, whom she informed me, uptm the occasion of her last visit to 
 the Hospital, was quite recovered after her confinement In answer to which the 
 Doctor stated that the young woman was apparently quite recovered, that her 
 death was very sudden, after only twelve hours illness, and said it would be well 
 to prevent Mrs. Andrews coming. I also informed Dr. Lemieuz that the young 
 woman had been our servant for some months, that she had no friends in the place, 
 and that Mrs. Andrews felt for her, and took much interest in her, and had several 
 tames visited her in the Hospital. Being at this time very anxious to be certified 
 of the truth of the matter, I pressed upon Dr. Lemieuz, the reasonableness of my 
 request, and asked if the bodv had been operated upon, and > as answered, " No, but 
 that every thing was ready." I stated I had no desire to disarrange it or toudi it, 
 and being still refused permission to see it while endeavoring to discover the 
 reason, ue idea su$K<:sted itself it might be because the body was exposed, upcua 
 which I asked if earn was the case, and being answered it was, I immediately de- 
 sisted from any further request to see it Upon leaving the Hospital, I met at tlie 
 door. Dr. Painchaud entenng, of whom I made enquiries oonceming the disease and 
 death of the young woman, but did not repeat to nim any wish to see her, for the 
 same reason that prevented my further urging it to Dr. Lemieuz. Dr. Piiindiaud 
 (lien told me she had died after twelve hours illness. 
 
 These are the putioulars of what took plMe in the Hospital. I wish, however, 
 to add, that at an interview I have since had with Dr. Lemieuz, at my own offioe, 
 he seaned to be under the impression that he had, and in fact he then asked me if 
 he had not informed me at the Hospital that the reason I was not allowed to see 
 the body, was that the head and stcovaob bad been operated upcm, and if he had 
 
11 
 
 not tiien infonned me, I might see the body if I would return nt 8 o'clock in the 
 afternoon. I then told the Dootor what I now reiterate most distinctly, that no 
 such information was given, nor did any conversation of the kind take place. In 
 fact had any such thing occurred, I should have been quite satisfied, instead of 
 leaving the Hospital as I did with feelings quite the reverse. 
 
 I am, dear Doctor, 
 Yours truly, 
 
 FEEDEHIOK ANDREWS. 
 WiLLiAV Mabsoen, Esg., M.D. 
 
 P.S. — I find I have omitted to notice the question you put me as to the Re- 
 ligious profession of Charlotte Crosby. She was a Presbyterian, and the members 
 of my family inform me she had a strong aversion to the doctrines of the Romish 
 Church 
 
 The following was at the same time addressed by Mr. Andrews to the 
 Commissioners, from whom he received the answer accompanying :— 
 
 Qumo, lltK Feby., 1851. 
 
 Okntlxmsn, — As the person in whose service the late Charlotte Crosby was at 
 the time or her entering the Marine Hospital, and by whose instrumentality her 
 admittance to the Hospital was procured, and as the only friend she had in this <a.tj, 
 I beg leave to request of ^^ou her body for interment, according to the rites of her 
 Church, finding after enquiry at the different Protestant Cemeteries that she has not 
 been interred m any of them. 
 
 I am driven to adopt this course, in consequence of my having been deiJed 
 by the House Surgeon of the Hospitid, even the permission to see her body when 
 she lay dead in the Hospital. 
 
 I have. Gentlemen, the honor to be. 
 Tour obedient servant, 
 
 To TRK CoimissioNns or the 
 Mabine and EHiaaAjiT Hospital. 
 
 F. ANDREWS. 
 
 HOFITAL DB LA MaBINK ET DE8 EmIORES. 
 
 Quebec, 19 Fivrier, 1862. 
 
 Monsieur, — JPai lltonneur d'accuser reception de votre lettre en date du 17 
 du courant, et de vous informer en r^ponse que votre demande du corps de Char- 
 lotte Crosby, pour I'enterrer, est parvenue trop tard aux CommisBaires pout 
 qu'ils pussent y acc^der, cette femme d^c^dee le onze ayant 4t6 enterree le 
 quatorce du courant 
 
 iTai llionneur d'dtre. 
 Monsieur, 
 Votre ob^issant serviteur. 
 
 N. CASAULT, 
 a. T. a H. M. et E. Ji. 
 
 Frederick Andrews, Eouier 
 Ac, (ice., (fee., 
 
 Quebec. 
 
 Seeing that there was no possibility of obtaining sight of the body,, 
 or of ascertaining the cause of her sudden death, excepting by means 
 of an inquest, Mr. Andrews waited on the Coroner, and I proceeded to 
 the Burial Ground belonging to the Hospital. The following is an affi- 
 davit which I made in rebutal of an affidavit at page 96, of the Return, 
 purportingtobe the affidavit of Thomas Bockley, and was obtained by 
 
13 
 
 Dr. Palnchaud. Its French origin is evident both in its style and in 
 the spelling of the name, Thomas Bocklcy for Buckley. In addition 
 to the following affidavit, I have to state, that the Chairman of the 
 Commissioners informed me, that Buckley had told him the circum- 
 stances of my visit to the Burial Ground at the time, and that his 
 statement and mine were alike. 
 
 PHOVINOB OF OaNAOA, ) 
 DiSTBIOT OF QniBEO. ) 
 
 William Martden, Doctor in Mediciue, of the City of Quebec, being duly 8\rorn upon 
 the Holy Evangelists of Almighty God, doth depose and say ; That ou or about the 
 fifteenth of February Inst, this Deponent went to the buriul ground, knovn as the 
 Marine Hospital Burial Ground, near " Gros Pin," and speaking to a man whom 
 he believes to bo Thomas Buckely, the Sexton, asked hiin wlictlier the body of one 
 Charl(>tte Crosby had been buried, and received for answer that "ho did not 
 know,">. as he wtis not funnshed with the names of the botfiet he burieil, but nxerely 
 the sex and religion ; but that the last body brought to the grcmd was a female, 
 and a Roman Catholic, and was not yet buried, but was lying in the dead house. 
 Deponent then asked him (Buckley) if he would allow him to see the body, in 
 oraer to idcatify it, as Oie friends of the deceased were trying to get a Coroner's 
 inquest npon it, whereupon he replied, that ho supposed Deponent might see it, 
 and ho hoped he would get no blame for showing it, which DeiK.ncnt assured him 
 he would not 
 
 On seeing the body, Deponent at once identified it as the body of ^Charlotte 
 Crosby, and advised liim Q3uckley) not to bury it luitil after Monday, ns by that 
 time there would probably bo an inquest, in which ease the body would have to 
 be disinterred. 
 
 Further, Deponent saith that he never said to Buckley or any other person, 
 that he had an order from the Coroner, but that Buckley would get one ii an in- 
 quest were held : nor does Deponeut believe that Buckley ever said so, although 
 it is so stated in an affidavit to -which his name and a cross arc affixed. 
 
 Further, Deponent saith not and hath signed. 
 
 Sworn before me, tliis 7thdayof Feby., ' 
 ISfil, at the City of Quebec. 
 
 G. Henderson, J. P. ; 
 
 WM. MARSDEN, M.D. 
 
 The foregoing affidavit is also an answer to the Coroner's letter to 
 Dr. Faiuchaud at page 97. I was informed by one of the Commis- 
 sioners that the charge of proselyting Charlotte Crosby had been 
 repelled by one Jane Hamilton, a nurse, and a Protestant; and 
 having heard that she was a woman of doubtful reputation, and un- 
 worthy of credit, I obtained one of the affidavits published in the 
 return ; but was so much surpri»ed by the disclosures it contained as to 
 express my doubts of the truth of the statements made, before they 
 were sworn to, when the party persisted in the truth, declaring that 
 she could send me plenty more witnesses, which she did ; and all 
 the remaining affidavits, excepting two, were obtained from the par- 
 ties who came voluntarily to my house, every one of whom I cau- 
 tioned, on taking down such parts of their evidence as was sworn to, 
 not to state any thing but what they knew themselves. 
 
 I now ^ve two copies of letters sent me by the Coroner, as his 
 excuse for declining an inquest. 
 
13 
 
 Qttebeo, 16 Fivrier, 1861. 
 
 MoNStEUR,— Je yicns de rHdpital de la Marine otj'ai vn Totre lettre dliier. 
 aa sujet de la mort de Charlotte Crosby ; je ne doute pas, que celui qui tous a 
 iiifonn6 du cas, n'ait dt6 de bonne foi, et que ce qu'il voub a (lit, 6tait de nature 
 A VOUB determiner & une enquftte. Mail raon oh«r monsieur, de^ tout cela, il n'en 
 
 (erythema) sur son visaee, je presorivis un pur^atif, et cette menace d'^r^sip^le 
 disparut, le 11 matin^ eUe tomba en convulsions; je la trourid dans un £tat & 
 demi comateuz,_tr6s-irritable, et donnant quelques signes de connaissance, elle 
 eut une convulsion durant ma visite; et ie no doutai plus quej'avais & combattr 
 oette fatale maladie UrfripiU de» nouvtUes accouckies ; J'approuvai ettju'avait 
 fait le m£d6oin r^sidant dans mon absence, et je presoriviB ; le Dr. Jackson vint 
 visiter la malade i. ma pridre le traitement a et6 ^nergique et Buivi ; le Dr. 
 Rowan s'est trouv6 Arautopsie; lecerveau n'annon9ait rien d'eztraordinaire, ex- 
 cepts les membranes qui nous pamrent un peu infeot^cs; tout allait done jL 
 nous convainore que la maladie 4tait teritipeh dei nowtelht aecouchiet, qui nous 
 a enlevd tant de femmes & I'Hdpital de la Marine il y a quelques ann^es, sans 
 qo'on ait pens^ & en informer le Coronaire. Yoild, mon cher monsieur, ce que je 
 suis pr£t k dtelarer sous serment 
 
 J'ai llionneur d'etre, 
 
 Aveo haute estime, etc., etc., 
 
 M. LX OOBONAiaE. 
 
 JOS. PADfCHAUD, 
 
 HOPITAL DE LA MaBINE ET DES EuiGBES. 
 
 Quebec, 16 Fivrier, 1861. 
 
 MoNBiEVB, — J'accuse reception de votre lettre en date dliier, et en reponse 
 j'ai llionneur de vous informer des faits suivonts : que Charlotte Crosby, &g6e de 
 )9 ans, 6migr4e & bord du " Polly " a 6t& admise & PHopital le 24 d^uembre der- 
 nier, enceinte d'environ 8 mois ; qu'elle est accouduJe le 20 Janvier au mating 
 qu'elle paraissait se r£tablir assez bien de ses couches, lorsque le 1 fivrier an 
 matin je fis remarquer au m^decin visiteur quelques tacbes livides sur la figure 
 de la patiente, que le m^deein visiteur prescrivait pour elle immddiatement et 
 que le 11 an matin elle fut subitement attaqu^e de convulsions. Je fis alors ce 
 que les oirconstances me prescrivaient de faire, et je notifiai de suite M. le Dr. 
 Painchaud, qui avait la malade sous ses soins. M. le m^decin risiteur approuva 
 oe que j'avais fait, prit la malade sous sa responsabilitd, presorivit pour elle, et 
 la vit plusieurs fois dans la joum^e, M. le Dr. Jackson, M. V., est veuu sur I'in- 
 vitation de M. le Dr. Painchaud, voir la femme dans la matiu^e. Les convul- 
 sions se sont renouvell^es trois ou quatre fois dans I'avant-midi, ir ois apres cela elle 
 ne sortait d'un aocds que pour retomber dans une autre. La mort est arriv^e aa 
 milieu des convulsions vers 6^ heures le soir du mdme jour. 
 
 J'ai llionneur d'etre. 
 Monsieur, 
 Votre trds ob^issant serviteur, 
 
 0. E. 
 
 Paiixt, Ecuyer, 
 
 Coronaire. 
 
 \ 
 
 LEMTEUX, 
 C^ir. Interne, 
 
 Having now fkiled in obtaining an inquest, I was determined not to 
 be foiled in obUuning a knowledge of the cause of the death of Crosby, 
 if possible, and succeeded, as will appear by the following affidavit : 
 
■Mlli 
 
 !««• 
 
 14 
 
 Pkovinoi or Oanasa, ) 
 DuTBioT or Q0iBia ) 
 
 William MartJen, Dootor in Medicine, of the City of Qnebeo, beiiur duly 
 ■worn upon the Holy Evaogeliuts of Almighty Qod, doth denose and lay : That he 
 opened and examined poit tnorttm, the body of the late Onarlotte Crosby, who 
 was said to have died in tiie Marine and Emigrant Hospital, on the 11th of Febru- 
 ary, of puerperal erysipelas {VMaypaie det twuvellet aeeouehiei,) and notwith- 
 standing the assertion of Dr. Josepn Painohand, that " she died of puerperal 
 erysipelas,'' and " ^nSsipdle apris raocouohement" she did not die of any such 
 disease, nor of " eryBipefas," or " errthemn," of any sort or kind whatsoever ; and 
 that there was not one single eiythenuitous spot upon any part of her body, nor 
 lesion of any kind, excepting wluit had be inflicted with the dissecting knife, 
 previous to her interment, and iiirttier Deponent saith not, and has signed, 
 
 Sworn before me, at Quebeo, this !< W. MARSDEN, M. D. 
 
 7thdayof July, 1851. V 
 
 G. HxMDrusoN, J. P. ) 
 
 In support and confirmation of the above affidavit, I have to ref<»T 
 to Dr. Painchaud's letter atpaj;e 92 of the Betum, and dated the 16th 
 of February, 1851, addressed to Dr. Hall; which urges the im> 
 mediate removal of a pregnant woman, " because of a recent fatal 
 case of puerperal convulsions attributed to erysipelas," and Dr. 
 Painchaud adds, " I have no doubt that you will coincide with me 
 in the impropriety of having her in the same ward and even on the 
 same floor." 
 
 To this Dr. Douglas who seems to have been in charge at the time, 
 answers as follows : 
 
 (Copy.) 
 
 *QuEBEO, 15th February, 1852. 
 
 Dear Doctob, — Dr. Hall has just handed me your note of this date. 
 You yourself were in full charge of the Hospital until Saturday. The 
 fittal case you allude to terminated on Tuesday, and f if there were 
 then any sutpicions of eryaipelas, you ought not to have delayed 
 doing your duty, by ur^g on the Commissioners the immedicUe 
 neceisity of causing the removal of any other pregnant woman from 
 the Hospital. 
 
 I have no power in this matter, but will, of course lose no time in 
 laying it before the Commissioners. 
 
 Yours very trul}', 
 
 (Signed,) 
 
 J. DOUGLAS. 
 
 Dr. Painchaxtd. 
 
 It is proper to inform you that I afterwards examined the body 
 post mortem, and am prepared to prove to the Commissioners, that 
 one of the causes for refusing even a sight of the body to Mr. 
 Andrews was that contrary to law "^ aud practice, a regular and 
 
 Blisdated for 16th as will appear.— IT. M. 
 My italics— IT. Jf: 
 : Act m Via, Cap. 6. 
 
15 
 
 syitematic dissection had been commenced between 16 and 18 hours 
 after death I And in addition to what is contained in the affidavit 
 that the contents of the head had been dissected, both breasts removed, 
 the contents of the abdomen, womb and appendages dissected, and 
 the operation for aneurism performed on both thighs ! !— -Crosby's 
 body did not come under the denomination of " unclaimed"; but 
 if it had done so, twenty -four hours is allowed by law to elapse for that 
 purpose before it can be dissected. 
 
 The non medical reader will not understand " the artful dodft-> 
 er's" trick, in writing the above letter to Dr. Hall, on Tuesday tne 
 IBth, the day after his (Dr. Painchaud's) term of duty terminated ; 
 and Jive days after the death of Charlotte Crosby. • He, however, 
 " reckoned without his host," as Dr. Douglas's answer shows : — 
 Knowing, that in spite of his efforts to circumvent me, even through 
 the coroner ; I had actually obtained sight of the body on Saturday, 
 the 16th, and dreading my "close pressure," it was necessary to 
 play out the serio-comic farce he had begun. Unfortunately the 
 fates were opposed to him, as " the pregnant woman expecting her 
 confinement," was actually confined the same night, and in the 
 tame ward, and attended by the same nurses as had attended the 
 FATAL PUERPERAL ERYSIPELAS cQsc, and yet, she recovered from her 
 confinement in due course, and was discharged well, and there were 
 no more cases of puerperal erysipelas or puerperal convulsions in 
 the Hospital. (N. B. — Dr. Painchaud is Lecturer on Midwifery, and 
 the Diseases of Women and Children. He also receives £100 per 
 annum for his valuable services in the Hospital.) 
 
 James Dean, Esquire, Chairman of the Board of Trade, until 
 then, a total stranger to me, called on me on the morning of the 25th 
 of February, 1851, stating, that he had heard that I had taken 
 some affidavits, connected with complaints that I had made against 
 the Marine and Emigrant Hospital, and asked my permission to see 
 them wluch was granted. On the afternoon of the same day, I 
 received the foUowinjg note, to which I returned the annexed answer, 
 with a copy of the affidavit asked for :^ 
 
 QusBio, 26ih Fibruary, 1861. 
 
 IhuB Sn^— I will fe«l otUk'ed by your lettiog me know whether you wonld 
 bare any otjeetioa to let me nave copies of the affidavito yon showed me Hob 
 nomiog, in ease I shotdd require tiiem for the infonnation o^ the Board of Trade, 
 in aoorrespondenoe they have entered into with Oovemment, on the subject of 
 the Marine Hospital ; and in the mea&ame, I should be glad i/ you woula favor 
 me with a copy of the affidavit of tSarj Riley, as a specimen. 
 
 lam, 
 Dear Sir, 
 
 Tour most humble and obedient seivant. 
 
 JAMES DEAN. 
 
 W^. MMisiir, Esqiure, M. D., Ae., Ae. 
 
16 
 
 Jaxm Dkaw, Esquire, 
 
 Chairman of the Board of 2\rad$, 
 
 QvUBO, 26th Rbruary, 1881. 
 
 Sn,— In compliance inth your fequeit, M contained in your note of yeiterdaT'i 
 date, I eneloMB you a certified copy of aflSdarit No. 4. As you expressed a deaue 
 to have cominunioation, or copies of tlie other affldavits in my pussesiion, in re* 
 lation to the Marine and Eimgmnt Hospital, I hare to inform you that uie alB- 
 davits in question, have arisen out of an investimtion of the case of the late 
 Cn^rlotte Oroeby, a Presbyterian, who died suddenly, after omly twelTe hours 
 illness, on the 1 1th instant, and sisht of whose body wafc reAised to F. Andrews, 
 Esq^ Adrocate, her master, br Dr. Lamieux, the House Surgeon, when she was lyinff 
 dead in the Hospital, and, wno it was afterwards fouad, bad been administered, 
 when in a state of insensibility aeoordiiw to the rites of the Romish Ohuroh, (ot 
 whose doctrines she had always expressed the utmost abhorenoe, and was buried in 
 tfio Roman Catholic Burial Ground.) My intention on taking the affidarite in 
 question, was to Aimish oo|des of them tu the Commissioners of the Marine 
 and Emigrant Hospital, in order to an investigation of Uie fiusta that they con- 
 tain. Oopes, however, will be furnished to them, in the course of this day dr to- 
 morrow, after which, X >hall be prepared to fundsh the Board of Trade, or any 
 other organised body, with anv information I possess toudiing an establishmem 
 that is 80 fearfully mismanagea in every deparnnent as the Murine and Emigrant 
 Hospital. 
 
 I have the honor to be. 
 Sir, 
 Your obedient servant, < 
 
 W. MARSDEN, M. D. 
 
 The above forms my whole conaexioii with the Board of 
 Trade. 
 
 T will now give my " micivil and threatening letter" to the Com- 
 missioners, together with its answer. 
 
 TO THE COMMISSIONERS OF THE MARINE AND EMIGRANT HOSPI- 
 TAL, QUEBEC, 
 
 GxHTLBMrar, — I have the honor to enclose you the accompanying c<^es of affi- 
 davits, which I have in my possession, touching the conduct of certain indi- 
 viduals in the employ and service of the Marine wad Emigrant Hospital I have 
 also to inform you, that a system of proselytism is vigorously practised in the 
 establishment, which I desire but the opportunity to prove. 
 
 The Board of Trade of this City having heard of my action in the matter of the 
 accompanying affidavits, applied to me through its Chairman, a few days since^ 
 for copies of them, which however, I declined furnishing until they had been laid 
 before you, as the case out of which my investigation arose, had already been 
 brought under your notice, and I think every case of complaint enmented with the 
 HosjHtal ought, in the first instance, to be brought before you *, and in the event 
 of your neglecting or refusing a fair, hone$t, open and impartial investigation, an 
 application en demiere retort to the Executive would be highly proper. 
 
 / 0711 prepared tofumith yow collateral evidence confirming aU the alUgationt and 
 facts contained in thew affidaviti; but I did not think it necessary to procure any 
 more at prusent, as abundance of fresh'fiicts will oome out in the course of your 
 
17 
 
 enquiry into those already fumiahed. lu reference to the ooao of Oharlotte Oroa- 
 by, I am ready tu provo Uut she was not a oouvort to the Roman Oatholic faith, 
 although she was adraiiiistored as such, and interred in Roman Catholic ground ; 
 and I have further to odd, that the letters of Dr. Painchaud, one of your visiting 
 Fhysioions, and Dr. Leniiuux, your House Surgeon, in relation to her death to the 
 Coroner, are eoutradiot<>ry as to details, and the former unfounded as to facts, and 
 that Charlotte Crosby did not die in the manner, nor from the cause stated by Dr 
 Pfdnchaud, although he broadly declares, " that he is ready to moke affidavit to 
 his statement" It is proper to remark that these affidavits only contain u small 
 part of what the different deponents can tell of the misconduct of the partita 
 referred to ; but I shall be ready to afford you every information in my po8se»' 
 •ton, in order to enable you to conduct an impartial investigation, and to arrive at 
 a iUr and equitable deoisioa 
 
 1 also enclose you a copy of a letter received by me from Mr. Andrews, tlie 
 master of the late Oharlotte Crosby. The foots eontained in it, Mr. Andrews is 
 prepared to attest on oath. 
 
 I have the honor to be, 
 Oentlemen, 
 
 Your obedient, humble servant, 
 
 W. MARSDEN. M. D. 
 
 MaBINX and EmOBANT HOBFITAL, 
 
 QuxBKC, 6th March, 1851. 
 
 Sib, — I have the honor to acknowledge the receipt of your letter of the first 
 instant, and of its enclosures touching the conduct of some of the officers of the 
 Marine and Emigrant Hospital, and to inform yon that the whole will be sub- 
 mitted to the Commissioners at their next meeting. 
 
 I have the honor to be. 
 Sir, 
 Tour obedient seiront. 
 
 Di. Mabsddt, ) 
 Quebec.) 
 
 N. OASAULT, 
 B.T.aM.(tE.E. 
 
 From the above mentioned period, up to this time, I have not 
 heard or seen anything about my complaints against the Hospital, 
 excepting the slander and vituperation contained in the Parlimentary 
 return, (printed by order of the Legislative Assembly.) 
 
 I have strong doubts of the legality, but none whatever of the 
 justice, of a Member of Parliament rising in his place and moving for 
 copies of correspondence, and for their publication, as in the present 
 instance, where their contents are of the most disgusting, libelous, 
 malicious and fidse character, and both calculated and designed by 
 their authors, to ruin the chuacter and reputation' of individuals, as 
 in my own case. A man of mind so corrupt, and so recreant in both 
 menus and professional character and standing, that, although the. 
 Doyen ot the profession, he has been driven from every position of 
 
 B 
 
h f 
 
 18 
 
 honor within the gift of its'membcrs ; — a man whose very breath is 
 pollution, occupying the high position of Lecturer on INIidwifcry (not 
 elected by the profession), where, " out of the fullness of the heart," 
 every lecture to the listening student is charged with some foul or 
 filthy joke or anecdote, so vile that he would not be allowed to occupy 
 a like chair in any school in Europe for a single week, — one whose 
 mind and feelings are so depraved, that he has never been known to 
 deliver a single popular lecture without driving some part of his female 
 auditory ^om the room, or causing them to bwsh ana hide their faces, 
 whilst the more callous and less refined portion of the male audience, 
 have laughed and howled outright. Sucn is the man that has obtained 
 and placed before four passive and unsuspecting instruments the filthy 
 documents that have smce appeared in print, by order of the Legis- 
 lature, and on motion of Mr. Cauchon, M. P. P., who, (being the 
 brother-in-law of Dr. Lenieux, the House Surgeon,) was behind the 
 screen, and knew what the nature of the papers were. The mode of 
 obtaining them, however, is not generally known. In two instances 
 whilst Dr. Painchaud was gloating at the filthy mass that he had 
 accumulated, two persons called on me to inform me, that Dr. P/iin- 
 chaud had asked them for testimony regarding me, with the design of 
 injuring my moral character ; and, as an inducement to a violation of 
 faith, he told them both, that their communications would be " kept 
 tecret from Dr. Maraden, and would only be seen by the (Governor, 
 and perhaps by the Queen!" and, as an additional inducement to 
 treacnery, he offered the one, who was in embarrassed circumstances, 
 a sum of money, and a firee passage out of the country ! ! I 
 
 The following is a Report of the case of " Burke, for man- 
 slaughter, " with my notes and commentaries, originally intended 
 for publication in the Medical Journal ; but which, on subsequent 
 reflection, I have determined to give here, and I therefore insert it 
 unaltered. I have come to this decision, in order, not only to put 
 you in possession of the particulars of the case, but the four Commis- 
 sioners also, who, not being medical men, cannot properiy judge 
 where the blame lies. By this Report it will be seen that Oharlotte 
 Orosby's death was not the only case of manslaughter committed ia 
 the Marine and Emigrant Hospital. 
 
 COURT OF QUEEN'S BENCH. 
 CnowN Side. 
 
 Quebec, July Term, 1852. 
 
 In the Case of Thomas Burke, on his Trial for Manslaughter. 
 
 The Case of " The Queen, agamst Thomas Burke, " to which the fol- 
 lowing extracts of evidence and remarks refer, was originally brought 
 in the Queen's Bench, January Term, 1852, on an indictment for 
 murder. On this cha^ " no bill " was found, but for the lesser crime 
 «f " manslaughter" a " true bill " was found. On the 28th of January, 
 
19 
 
 the prisoner was arraingedon thin charge, and pleaded " not guilty. '* 
 He was admitted to bail, and his trial fixed for the Julv Term. 
 
 On the 28th of July, he was placed at the bar, and put upon his 
 trial, the Honble. Mr. Chauveau conducting the prosecution, oa 
 behalf of the Grown, and Mr. Pope, the defence. When the evidence 
 on behalf of the prosecution was closed, and after Mr. Pope had addressed 
 the Jury on the defence, in a most eloquent and effective speech, the 
 presiding Judge, His Honor 8ir James Stuart, Bart., charged the Jury, 
 stating that no case had been made out against the prisoner, as no 
 identity had been proved, as was stated by Mr. Pope in his address. 
 
 The Jury, without retiring firom the box, after a snort deliberation, 
 returned a verdict, through their foreman, of " not ocilty, " against 
 the prisoner, and added, ** hut the Jury it of opinion that the 
 deceated died from the bad usage and neglect of the Doctors in the 
 ffotpital. " 
 
 His Honor the Chief Justice, addressing the foreman said, " Oh ! 
 never mind that, " as Burke only was on his trial, against whom the 
 verdict of not guilty was recorded, and he was discharged from the 
 bar. The above verdict was rendered by the foreman of the Jury, and 
 not, as stated in one of the daily papers, " by a Juryman, " and the 
 expression was precisely as above written. 
 
 As the evidence of the non-medical witnesses is unimportant, I 
 have confined my extracts to the testimony of the medical men 
 examined, of which I annex a certified copy, from the pen of Mr. 
 JDunbar, law Reporter, to whom I beg to acknowledge my obligation 
 with thanks. Although the medicd evidence is not entire, (Mr. 
 Dunbar having only twen down what he considered necessary,) yet, 
 all the most important features of it have been most accurately pre- 
 served ; however, as I was present during the whole trial, (having 
 been summoned as a witness on the defence,) I will supply any de- 
 ficiency that may occur, in the course of my remarks. 
 
 The particulars of this case are, briefly, as follow : — Thomas Burke, 
 who had formerly been a soldier in one of Her Majesty's regiments of 
 foot, firom which, he had been discharged, with a good character, was 
 employed on board a vessel, at Diamond Harbour, as watch, on the 
 night of the 2l8t and 22nd of June, 1851, and whilst thus employed 
 was armed with a loaded musket. The deceased William Lawson, 
 attempted to go on board of the vessel (as was since ascertained on 
 his own confession in hospital,) to steal clothing, from the ship, 
 belonging to seamen, who had, or were about to desert from her. 
 Although warned off several times by the prisoner, and told that he 
 was armed and would fire, unless he Lawson withdrew, he persisted 
 in his efforts to get on board, and Burke (as he admitted in his 
 voluntary declaration) " fired at some one, unknown to him," who 
 attempted stealthily to get on board the ship, finding that his warnings 
 were unattended to. The case was heard before their Honors the 
 Ohief Justice, Sir James Stuart, Bart., and Mr. Justice Panet. The 
 following is the 
 
30 
 
 ii I 
 
 I.! 
 
 MEDICAL TEHTIMONY. 
 
 Dr. John p. Ruiicl l)ciiig aworn, said : Aliout midnight, on the 
 2lHt June, 18/il, 1 waii called to attend the deceased VVilliuni Lawson. 
 I found him lying on a table, in a boarding linuNO, kept bv a Mra. 
 Toole, at J^ianiond Harbour. Upon examination I lountl scvural 
 flesh wnundH on deceased's leil thigh ; they were lacerated, and some 
 distance ajiart from each other ; tiiosc wounds in the front of the 
 thigh csucciuUy. I pcrcievcd also, that there was a fracture, of the 
 left thigti lione. I took the wounds to be such as would be cauNcd 
 by a gunshot ; there were four or Ave of them, anil all apart from 
 each other, therefore the gun must have been fired from a distance. 
 When I saw deceased he was weak from loss of blood, as well oh from 
 the shock, which is always caused by a gunshot wound. I seat 
 deceased to the Marine Hospital the same night. From that time to 
 the 27th of January last, I did not hear or sec any thing of him. 
 On the 27th of January I attended the Coroner's Inquest in the iMarine 
 Hospital, and recognized deceased's body, by the wounds. The body 
 was much emaciated, and it seemed to me that deceatcd Had died 
 from hectic fever, canted hy the con$tant continued irritations 
 proceeding from the wounda. 
 
 Cross examined : — Idid not comider the wounds mortal when I 
 first saw them. It is a general principle of surgery in cases of gun- 
 shot wounds, that when the bone is broken, amputation of the limb be 
 resorted to. In all human prohnhilittf , the life of the deceased 
 might have been saved if the limb were amputated. The necessary 
 inference would be, since the limb was not amputated, the deceased 
 was not properly treated. I found my first opinion as to the necessity 
 of amputation strengthened, by seeing tht shattered state of the 
 deceased's limb after death. There was no hope of saving the limh 
 except by amputation. 
 
 Be-exnmined .* — ^Thc danger to life in this case, would have been 
 lessened by amputation. I do not think that the operation in this 
 case woidd have been attended with more than ordinary danger. 
 
 Dr. Lemieux, House Surgeon of the Marino Hospital, upon been 
 sworn, said : The deceased was under my care, when brought to the 
 Hospital on the Sunday morning, about 4 o'clock ; he was very weak. 
 I examined his wounds and found, that there were five or six on his 
 thigh. I saw as many more on the front part of the thigh, I remarked 
 that the thigh bone was broken, and that the fracture communicated 
 with the external wounds. I applied what I considered best, to the 
 deceased's wounds, until I placed him under the care of the visiting 
 Surgeon, Dr. Ilowand. I did not think at that time that amputation 
 of the limb was either necessary or expedient, the nature of the wound 
 did not make it so, the bone was only broken in one place. The 
 deceased was under the influence of the shock caused by the wound 
 ibr three or four days, durina which time amputation would have been 
 dangerous. Subsequently however, amputation ought to have betn 
 effected ; that Li, it ought to have been done, about three or four 
 months aStet deceased was brought to the Hospital. As soon as it waa 
 
 jsti. ^iu^it£E.i 'ij 
 
%l 
 
 ancortaincd tlmt ilcccascd wuh Huiri'riii{^ from tlio iiij"rlcH he received, 
 amputation oit^lit to have lieeii resortoil to, and lie niigii '*ave recvered. 
 I wouKl not say it would have Haved ]\\h life. The dcceasecl renuiincd 
 luuler the care of I>r. ISownnd till the l/>tli August, when that gcntle- 
 manV pcrlnd of visitation exp, red. I 'uring llie time he was m> under Vh 
 care, he did not appear to suH'er nnieh IVchu the wound : hv IkkI n <jnod 
 m>itetiir', however, iliiilmj ihnt tiinc iinlnnhml ihmf li'lltcfo n unite 
 the fti'i/crii lintiv. Alter the loth of Auffust I he patient ouphi to have 
 bein under tin. care of l>r. .Fames I )ou^hi.4, but, // in ijnivfiiU;/ iimhr- 
 itooif firhrevii ihv DovtoiH of ikr ffon/n'tuf, llail irhcu hv irhoHC i»i'{od 
 0/ I'lxi'liittfiii I oinuinircit, tlotn not ihonin' tn hihv <hiir(fr of' n fnirti' 
 cntiir rimr, l/imj oier J'i'nia l/ir itnrrtifi'ut/ ijinir/rr,thf Doi-tor who$e 
 tcm V I finvH, tinih'ituvH ht liinl: oj'tir ihc jniti'tnf- nuil I bcUt ve it 
 WiiH iif/rntf, lht(t If. Itmi'iniif ahim/d /,-<(/> tfrmis't/. 
 
 About two or three weeks after Dr. Pougl.is's (pinrtcr connucneod, 
 he asked mo who h)oked after deceased V and I told him, no one did. 
 Dr. Douglas naid that no matter umler whose particular care he was, 
 he should have some body to look after him Thf $ame care how- 
 ever, whi'rh ilcfcaHctl hml when Dr. Ronuindiiftctuhd him, van con- 
 tinneil /<// me. On the day I have mentioned, l)r. Douglas nuule me 
 change the dressing of deceased's leg, //■«»» a loutj xjifiiit to a double 
 inr/iiiid jduiii, and from that time / wag tiiufcr the inijtrcHXMnu that 
 Dr. Pou^das assumed the charge of deceased. 11c remained so till 
 the llh of November, when 1 fell ill : and from that period, till the 
 4th of .lanuary, I did not go near the Hospital. Towarils the end of 
 the time, deceased was under l>r. I icmglas's care, that is about the 
 end of the montn of October ; his illness svimid proi/rcsHiii;/, atij)- 
 jmruf'iiit iiicrcdgcd, and death sermrd to hv the iiierituhfe remtlt of 
 it, uii/essfhc limb irerr amputated. The state of the wound was such 
 as foret(dd that consequence. <»n^the 4th of January, deceased was 
 again under Dr. Uowand's care, and some days afterwards, mider that 
 oi Dr. .lackson, he was then weak and cnntciated. I do not think it 
 Would have been then prudent to operate upon deceased ; he <lied on 
 the 22nd of January, lH62. I examined the l)ody after death and did 
 not Jliidaiij/ orijanic disease. The wound.-", and their consequences, 
 were alone the cause of death, 'flic patient ouf/ht to have under- 
 gone am^nitation when he iras under l>r, Domjlns' care. Cross ex- 
 amined. 1 CANNOT Hi'EAK l'> <iMsu. 1 spcak it but I prefer to speak 
 French. / have not much c.e^tericncc in ijnnshot wounds, in fact 
 this wuk the jirst I saw. llony-union of the fracture could not have 
 taken place as long as the wound remaineil open. / cannot saif for 
 how man// days or weeks be/ore J)r. RowaiuW Jirst period of visit» 
 atioH e.epired, the bone was cj-posed. Its exposure was not the 
 cause of eonstitutional irritation. As long, however, as there was 
 no union the irritation would go on. There was no time during 
 which I was at the Hospital that deceased did not receive proper 
 medical care and attention. Before Dr. ! )ouglas saw deceased, the 
 limb had shortened about an inch and. a half. (The foregoing 
 testimony of the House Surgeon of the Hospital, was all given in 
 French, although, he was repettedly asked, to speak English.) 
 
22 
 
 Dr. Rowand, upon being sworn, said : — I knew the deceased, and 
 had him under my care, from, the 22nd of June to the 15th of 
 August, and from the 15th of November to the first week in January. 
 When I took him under my care he had not recovered from the effect 
 of the wound. The thigh bone was fractured, but not shattered. 
 During the time I had charge of him he received the best of attention, 
 and / did as much as I could to promote his recovery ; no medical 
 man would have been justified in amputating the limb for the first 
 three months after deceased's admission into the Hospital. I 
 would have considered the operation as the last resort. The deceased's 
 temperament, as well as his enfeebled condition, would have rendered 
 it extremely hnzardous. In fact. / thinh that deceased never com- 
 pletely rallied from the shock he sustained from the shot. I was 
 present at the post-mortem examination ; all the organs were healthy 
 and free from disease. The thigh bone nas fractured about its 
 MIDDLE. Deceased died from the effect of the gunshot wound. (Voss* 
 examined : — In a gunshot wound, of a nature similar to deceased^s, 
 AMPUTATION WAS NOT NECESSARY. It toas a casc of compound 
 fracture but not an aggravated one. Many such cases recover with* 
 out amputation ; it was not necessary in this case. Ke-examined : — 
 Amputation, during the latter period of deceased's illness, would have 
 been dangerous and impracticable. 
 
 Dr. James Douglas being sworn, said : — deceased was never under 
 my charge. When I saw him, I found him in an extremely bad con> 
 dition. He came to his death by the continual irritation of hit 
 teounds. I ascribe his death to the gunshot wound. Cross-examined: 
 Amputation, in cases of gun-shot wounds, may or may not be neces* 
 sary, according to circumstances. A few weeks after the receipt of 
 the wound it could be known wh^etbsr it was hecessary or not. / 
 know that if the present case were mine I should have removed the 
 limb. 
 
 Dr. Jackson, upon being sworn, said : — Amputation was quite out 
 of the question during the time deceased was under mjy charge.. I 
 attribute the cause of his death to the wound on the thigh. I made 
 the post-mortem examination, and found all the organs healthy. 
 
 Dr. J. J. E. Landry being sworn and examined, said : — The death 
 of deceased may be attributed to two causes, one remote, whicli was 
 the gun-shot wound ; the other proximate, which was his long de- 
 tention in Hospital ; constitutional irritation, and abundant suppu- 
 ration. I do not wish tu say deceased died by " actes de commis~ 
 tion " but rather by " actes d' omission. " Suppuration might have 
 been shortened by recourse to amputation. 
 
 The foregoing are all the notes of the medical testimony I took at 
 the trial in this case, on the 25th of July, 1852. 
 
 (Signed,) 
 
 J. DUNBAU, 
 
 Reporter. 
 
28 
 
 The discrepancies and evident contradictions contained In the 
 foregoing testimony, cannot fail to strike the most superficial reader. 
 Ca one point alone were the medical witnesses .inanimous, excepting 
 Dr. Rowand, viz:— "That amputation ought to have been had re- 
 course to, that the life of the deceased might have been saved, if 
 the limb were amputated ; " but, the when, and bi/ whom, are unset- 
 tled points, and involved in contradictions, on which the general 
 reader is unable to form on opinion. 
 
 As I am not i a the general secrets of the " charnel house," and 
 am quite unconnected with all the Physicians and Surgeons of the 
 Marine and Emigrant Hospital, I will strive to point out the " actes 
 d'omission" as well as the olTending parties. With this object in 
 view, I will briefly refer to, and compare the medical testimony, 
 of each witness successively. I wish the reader to understand, that 
 the italicised portions of the foregoing ■ / idence have been so marked 
 by me, for more easy reference. As a general rule it is exceedingly 
 difficult, nay, highly improper, to give a medical opinion on a case 
 that has not been attended or seen by the party giving the opin- 
 ion ; but, in a case like the present, in which the medical facts fur- 
 nished, under oath, by half a dozen medical men, (gentlemen and men 
 of honour and probity,) who have seen, and attended the case, from 
 the moment of the injury, until after death, a.id " to the judgment ; " 
 the labour and the duty of the pathologist, is plain and simple ; and 
 in such case, certain physical and surgical pathological laws are es- 
 tablished, which enable him, (if impartial,) to arrive at a sound 
 and correct diagnosis. 
 
 It is a surgical axiom, that gunshot wounds are always more or 
 less dangerous ; it would therefore be as absurd to cite autaorities 
 for this fact, at' it would be impossible to furnish any denying it. 
 
 The testimony of Dr. John Itussel, who was the first surgeon that 
 saw the deceased, and who was also present at the post-mortem exami- 
 nation needs no commentary. Neither he nor Dr. Landry, (both men 
 of talent and skill,) are in any way connected with the ^Marine Hospital. 
 Dr. Russel's views are sound and correct, as well as independent and 
 manly, and are borne out by the highest surgical authorities extant. 
 I hold it from Dr. Uussel himself, (although not stated in evidence,) 
 that such iiHis the urgency of this case, in his opinion, that he woiild 
 have amputated immediatehi on seeing the patient, but that the 
 house in which he was, was a crowded lodging house, in which there 
 was not a single empty or quiet room to be had. 
 
 Dr. Russcl says, " I did not ',:onsider the wounds mortal when / 
 first saw them. Also, in all human probability, the life of the deceased 
 might have been saved, if the limb were amputated. The necessary 
 inference would be, since the limb was not amputated, the deceased 
 wns not proj}erly treated. I found my first opinion, as to the ne- 
 cessity of amputation, strengthened, by seeing the shattered state 
 of deceased's limb after death. There was no hope of saving the limb^ 
 except by amputation. " I will now ask, Mr. E«'-.tor, were none of 
 the Burgeons of th? Marine and Emi^aut Hospital aware of these facts 
 
i; 
 
 5 
 
 24 
 
 before death ? If they were not, they were grossly ignoraut, and 
 totally unfit for the discharge of their duties. I do not, however, 
 think so ill of all of them, although I am constrained to belieye what 
 was said by the four gentlemen under oath, notwithstanding some of 
 them may stultify themselves. The unfortunate deceased, however, 
 had the benefit (!) of the services of a fifth Surgeon of the Establish- 
 ment, although it does not appear in evidence ; Dr. John Lilly Hall, 
 who has a great desire to learn surgery, and a great taste for poking 
 both his fingers and hiit kni^e " into a man's ribs, " %t the risk of 
 life, as I, with dozens of others can testify, firom personal observation. 
 
 The testimony of the next witness is, that of Dr. Lemieux, the 
 House Surgeon of the Marine and Emigrant Hospital. If evidence 
 of the unfitness of this gentleman for his olBce were needed, we have 
 it from his own lips. It must be borne in mind that the Hospital is 
 an English Hospital, and that the patients of whatever class or 
 denomination, pay for their treatment, and are therefore entitled to 
 the best that money can procure. Now take the declaration on oath, 
 of Dr. Lemieux, on being urged by defendant's counsel, to speak 
 English — " I cannot speak English }" and on being still urged to the 
 same effect, his modified assertion, " je parlc I'anglais, va .sjeprd- 
 ftre parler le fran9ais." Although Dr. L s pathological opinions are 
 valueless as such, fo' reasons which I will presently give, some parts 
 of his evidence call for notice. It may not be generally known (out 
 of this City) that Dr. L's experience, has been entirely confined to 
 the Mar'ne Hospital ; and things were so managed previous to his 
 appointment that this fact was not known even to the Executive that 
 appointed him. He was, however, a student, walking the wards one 
 day, and on the next was translated into the House Surgeon of the 
 Jargcst and most important surgical Hospital in British America. 
 Dr. L., in his cross-examination, says ; he had not had much ex- 
 perience in gunshot wounds, anr» admits that Lawson's was his first 
 case ; and yet, be comes into the witness box, and declares that, 
 " he did not think that amputation of the limb was either necessary 
 or expedient at that time," i. c., at first ; yet h( odds, " sub- 
 sequently however, amputation ought to have been effected, that is, it 
 ought to have been done about three or four months after deceased 
 was brought to the Hospital." The unfortunate Lawson's being "the 
 first case of gunshot wound," in Mr. L's experience, of course, his 
 opinions as above given under oath, are derived firom some reliable 
 source. As all my research and reading have failed rae in this 
 matter, as well as my experience. Dr. L. will confer a favor on the 
 profession by citing ' is authorities. 
 
 I will first give the names of a few of the advocates of immediate 
 amputation in gunshot wounds, with compound firacture of the 
 thigh, and after referring to one or two of the most celebrated advo- 
 cates of delay, will show how erroneous are the ideas of Dr. Lemieux, 
 especially a.H to the time for the secondary operation. Abemetby and 
 Faure are the only two opponents of the primary operation, worthy 
 of note or consideration; but results establish conclusively, that 
 
25 
 
 their opinions were erroneous in this respect, notwithstanding their 
 general professional celebrity. " To save one h'mb " says Abemethy, 
 " t$ infinitcli/ more honorable to the surgeon, than to have performed 
 numerous amputations, however successful ;" on which Ilennen, a 
 celebrated military surgeon and writer, remarks ; " That it is much 
 better for a man, to live with three limbs, than to die with four." 
 
 Among the advocates for immediate amputation are, Far6, Baron 
 Larrey, Pott, John Dcll,Le Dran, Guthrie, Ranby, Ilennen, Pitcaime, 
 Gunning, Dr. John Thompson, Schmucker, Velpeau, Wiseman, Sir 
 A. Cooper, Dupuytren, and a host of other celebrities. Velpeau savs 
 (page 453, 2nd vol. 1st American edition,) " it is not in the neigh- 
 borhood of the complex articulations only, that wounds from fire arms 
 accompanied with fracture and with lesion of the synovial cavities are 
 so dangerous ; they are scarcely less formidable in the middle i>ortion8 
 of the long bones especialli/ in the lower extremities^. ^^ In the thigh, 
 tne indication is much more positive. Ravaton says; " if we do not 
 amputate, this fracture almost always proves fatal." Schmucker who 
 was Surgeon General to the Prussian armies, under the campaign of 
 Frederick the Great, says, ** that in cases of compound fracture of 
 the thigh, only one patient is saved, out of seven, without amputation." 
 Lombard holds the same language. M. Ribes, (Gazette Mc.licalde 
 Paris 1831, p. 101,) who has seen none recover, gives the history of 
 ten cases, in whom the utmost care could not prevent a fatal issue ; 
 and mentions also, that at the Hotel des Invalides, " in an aggregate of 
 4,000 cases, there was not a single patient that had been cured of this 
 kind of wound." M. Yvan pointed out two to him, in 1815, iu whom, 
 however, fistulous openings formed, and who ultimately succumbed 
 from the consequences of their fracture. I notice, that 31. Gaultier de 
 Claubrey, formerly a surgeon in the Imperial Guard, is, on this point, 
 of the same opinion as M. Ribes ; and that, in the army in Spain, 
 almost all the soldiers that had fracture of the thigh, died unless am- 
 putation had been performed immediately. Schmucker says fur- 
 ■ ther, " aii fractures of the middle or upper part of the femur are 
 attended with great daii 'er. But if the fracture be situated at the 
 lowest part of the bone, the risque is considerably less, tlie muscles 
 here not being so powerful ; in such a case, therefore, amnutation should 
 not be performed, before every other means has bee*. — ly tried ; and 
 very frequently I have treated fractures of this kind with success, 
 though the limbs sometimes continued stiff. But if the bone be com- 
 pletely fractured or splintered by a ball at its middle or above that 
 point, I never wait for the bad symptoms to commence, but amputate 
 ere they originate, and when the operation has been done earljf 
 enough, most of my patients have been saved. However, when some 
 days had transpired, and injlammntion, swelling, and fever had come 
 on I must candidly confess, that the issue was not always fortunate. 
 Yet, tfie operation should not, on this account, be dispensed with J 
 for, if only a few, can thus be saved out of many, some benefit is ob- 
 tained, as without this step, such few would also perish." I have 
 above stated, that the results of the practice of the advocates of delay 
 
26 
 
 in amputation, was against them ; and I will give a few facts in sup- 
 port of this assertion. Faure says, " That of about three hundred am- 
 putations, performed after the battle of Fontenoy, only thirty were 
 followed by success ;" whilst on the other hand, liaron Larrey says, 
 speaking in favor of the immediate operation, " We have sated more 
 than three'fowrths of the patients on whom amputation has been 
 done, and some of whom also had two limbs removed." 
 
 " I believe it to be (says Mr. Quthrie) a stretch of fancy in those 
 Surgeons who conceive, that, if the knife followed the shot in all cases, 
 the patient would have the best chance of success. No one will deny, 
 that if the shot performed a regular amputation, it would not be bet- 
 ter than to have to do it afterwards ; but if they mean to say, that the 
 operation should, in general, be performed immediately after the in- 
 jury, I can only oppose to them, the facts above stated, and the gen- 
 eral result of my experience, which is decidedly in favour of allowing 
 the Jirst moments of agitation to pass over, before anything be done : 
 a period extending, from that to one, six or eight hours, according to 
 the difference of constitution, and the different injuries that have 
 been sustained; hnt/rom one to three hours will, in most cases, be 
 found su^ient." Dupuytren says, " I do not fear to lay it down as 
 a principle, that in complicated gunshot fractures, a greater number 
 of individuals are lost by deferring the operation, than that of limbs 
 saved." Pott, on amputation says, " In many cases a determination 
 for or against amputation, is really a determination for or against a 
 patient's existence." 
 
 Faure, the advocate of delay in amputation, fixes his secondary 
 period at from the fifteenth to the twentieth day, and another writer 
 at ft-om twenty to thirty days. The reason for these delays is obvious 
 where hope is entertained of saving the limb. The longer period 
 
 OP THIRTY DAYS WOULU BE AMPLE TO ALLOW NATl'UB TO SHOW WHAT 
 EFFORT SHE WAS CAPABLE OF. 
 
 The following extract of a letter fi-om Mr. Feroc, Surgeon to the 
 ship Le Jemappe ; (Cooper's Die : Prac : Sur : Lond. Ed., 1838, 
 p. Cin,) is conclusive in favor of the immediate operation. " After 
 the naval engagement of the 1st of June, 1794, a great number of 
 amputations were done immediately after the receipt of the injuries. 
 Sixty of the patients whose limbs had been thus cut off, were taken 
 to the Naval Hospital at Brest, and put under the care of Mr. Duret. 
 With the exception of two, who died of tetanus, all the rest were 
 cured ; and there was one who had both his arms amputated." "The 
 Surgeon of the Temeraire, " on the contrary, " which ship was cap- 
 tured by the English, was desirous in compliance with the advice o 
 their medical men, to defer the operation, which many of the wound- 
 ed stood in need of, till his arrival in port ; but he haid the mortifica- 
 tion to see them all die during the passage, &c.." On this subject 
 Baron Larry desires us " to interrogate the invalids, who have lost 
 one or two of their limbs, and nearly all will tell us tha^ they suffered 
 amputation immediately after the accident, or within the first four and 
 twenty hours." I could multiply authorities in favor of the primary 
 
27 
 
 operatic^ to almost any extent, but, I think I have given enough 
 to show ni ndvantngcs over delay, and will close tlus part ot' my sub- 
 ject with an extract from a work of Mr. Guthrie. " It appears by 
 some returns collected by him that, in tlie peninsular, the compara- 
 tive loss, in secondary or delayed operations, and in primary or im- 
 mediate amputations, was as follows : — 
 
 Secondary. Primary. 
 
 Uppev Extremities 12 to 1 
 
 Lower Extremities 8 to 1 
 
 To return to Dr. Lemieux'stestimony. He says, "the deceased was under 
 the care of Dr. Kuwand from the 21st of June to the 1 5th of August, " 
 a period of eight precious weeks ! " During that time nati . had done 
 little to re-unite the broken bone ! " " The leg was shortened an inch 
 and a half ! " notwithstanding " the long splint. " " About the end 
 of October, his i\\nes» secvied progressing, sit nj^ur at ion incijeahed, and 
 death seemed to he the inevitable result of it, unless the limb tcere 
 amputated. " The bone was exposed and visible on the 15th of 
 August, when Vtv. Kowand's turn of duty terminated ; but Dr. L. 
 "did not know how many days or weeks the bone had been so 
 exposed before that time. " " The patient ought to have undergone 
 amputation when he was under Dr. Douglas's care ! " Dr. Lemieux 
 seems to be most anxious to fix the charge of neglect in amputating 
 on Dr. Douglas ; but, will he or Dr. Rowand say why Dr. 11. did not 
 amputate within eight weeks, " when nature was doing little, " which 
 t\ie post-mortem shows to have been nothing at all, " to re-unite the 
 bone '? " Dr. L. also declares, that " / believe it was agreed that 
 Dr. Rowand should keep deceased ; " and yet, he says : " the 
 patient ought to have undergone amputation when he was under Dr. 
 Douglas's care. " 
 
 Dr. Ilowand states "that the thighbone was fractured but not shat- 
 tered;'' on his cn)8s-examination however he is obliged to admit that 
 "the fracture was a compound comminuted one," which the post-mor 
 torn examination showed : and yet, he added, "«o medical man would 
 have been justijied in amputating the limb for the Jlrst three montht 
 after deceased's admission into the Hospital. " \^'ill Dr. Rowand say 
 why, for I cannot ? He says, that " deceased's temparement, as 
 well as his enfeebled condition, would have rendered amputation 
 extremely hazardous. " ] )(>es Dr. R. think that the deceased would 
 be stronger ot the end of three months, by lying on his back, with a 
 " long splint, " and a short leg, and " the bone protruding, and " a 
 mass of muscle between the fractured ends, " than he was three or 
 four hours, or at mcst three or four wechs after the receipt of the 
 injury ? Does Dr. II. seriously think " that deceased never com' 
 pletehj rallied from the shock he sustained from the shot ?" Does 
 Dr. li. not know that, if nature had done nothing, to repair the injury 
 within a month, it was not likely she would do anything at all; and - 
 therefore, every day that the limb remainei^ on, was a day lost to the 
 'nt, and diminished his chances of ult.matc recovery, from an 
 
28 
 
 •'■ i 
 
 operntion, winch afforded the only chance of 8avln{]f his life ? Did 
 not l>r. R. know, that it often happens, in gunshot woufids, com- 
 plicated with fracture, notwlthstamUng the most ihUful treatment 
 that the discharj^e hccomes of a bad quality, the fragments of bone lie 
 surrouuded with the matter, and have not the feast tendeucj/ to 
 unite ; the patient is attacked with hectic fever and a colliquative 
 diarrhaca ; and that under these circumstances life may somcthnei 
 he preserved by amputation '?" — (Coop ; Sur : J)ic. p. <>48.) 
 
 Dr. Douglas swears distinctly, that " the deceased neoer was nuder 
 his charge", and Dr. Lemiciix confirmes this assertion. Dr. I), said 
 " he made it a rule never to take charge of another man's bad cases 
 of Surgery : " and, " that he saw that the nuin was in an extremely 
 bad condition, and that the limb was bespoke," that deceased came 
 to his death />// ^/"? constant irritation of the wounds. About three 
 weeks after Dr. Douglas had entered on his turn of duty, finding that 
 no one seemed to be doing any thing for <leceased, who complained 
 of suffering, he said, " that some body ought to look after him ; and 
 finding the bone exposed ond the l?mb two inches shortened, ond a 
 great mass of flesh between the ends of the bone, for humanity's sake 
 ordered the long splint to be removed and the double inclined plane 
 substituted," as the saving of life was then the object and not the 
 limb. Will Dr. Rowand give his authority for the continued use of 
 this cruel and useless apparatus for nearly twelve weeks '? AMiy 
 did not Dr. llowand amputate as was his bounden duty ? " A/eio 
 weeks after the rerei^it of the wound,'" as Dr. Douglas stated, "it 
 could 1>c known whether amputation was neccssarj/ or not." There 
 could be no excuse for not removing the limb, excepting, the unwilU 
 ingnessof the patient, which does not appear to have been the case. 
 The deceased evidently, never was under Dr. Douglas's charge, and he 
 closes his testimony by saying, " that if the present case were mine, 
 / should have removed the limh." Any one that knows iJr. Douglas 
 will fully appreciate this last declaration. I think with O'llalloran, 
 that it is liot enough for a surgeon to know how to operate ; he 
 must also know when to do it, and I, in common with others of my 
 professional brethren, have thought that Dr. Douglas's fondness for, 
 and boldnes in operations, sometimes lead him to use the knife where 
 it might have been spared, but I never either knew or heard of his 
 neglecting or avoiding an operation. 
 
 Dr. Jackson said, most truly, that, " amputation was quite out of 
 the question during the time deceased was under his charge." In 
 feet he could only he said " to have been in at the death." 
 
 Dr. Landry, said most correctly, that, the proximate cause of the 
 death of the deceased, was constitutional irritation and abundant 
 tuppuration," He also states, that the deceased died by " actes 
 d'omission," and explains all, by say'mgthat sujipuration might have 
 been shortened bi/ recourse to amputation." I ask again why it was 
 not done ? Cooper says on this subject, " If, at the end of twenty or 
 thirty days the prognosis is as bad as it was previously, amputation 
 cannot be avoided. Thus, all the sufferings which the patient has en- 
 
29 
 
 durcd have'lccn undergone for notluny, nnd tlic operation will now be 
 attLMidcd witli cousidcrnbic risk, inasmuch as ihc jtatient in In a dan- 
 gerous?^ wcakcitcd state. If ntiture revives nt all, no doubt the success 
 of tlie operation becomes more probable; but, in this case, tlie surgeon 
 insteail of having recourse to amputation, should rcdoul)le his cttbrts 
 to preserve the limb." For the unfortunate deceased to have sur- 
 vived such tratcnient as he received at the ^larine Hospital for seven 
 months nnd, a dui/, he must have had an iron frame, and giant 
 strength, notwithstanding Dr. llowands allusion to his enfeebled 
 constitution. The immolation of poor Lawson, has brought fortli an 
 expression of public opinion throiigii a Jury, <hat will shake the man* 
 agcmcnt of the .Marine and Emigrant Hospital to its foundation. The 
 complaints of individuals, as well as bodies rcspeetuig tliis insti- 
 tution, have hitherto been treated with utter contempt. 1 had occa- 
 sion as long ago as the 1st of March, 1851, to complain to the Com- 
 missioners for the second time, that a patient (a servant of my 
 brother-in-law,) had died in the Hospital from in^tro^icr treat- 
 ment, and stated that I was prepared to prove my charges when- 
 ever the Commissioners chose to call upon me ; but from that day to 
 this, the only result, as far as my charges were concerned, has been 
 an cxparte examination of the guilty parties, (not their accusers) 
 and the publication of a disgustini^- and false report, that would from 
 any other source than Parliament have been treated as a libel. 
 Whenever the portals of the Insittution are opened to an impartial 
 investigation, either by Parliament, Or by an independent Commis- 
 sion, 1 shall be able and prepared to expose a few more of the pro- 
 fessional delinquencies that have disgraced the management of the 
 Institution for some time past, such as unnecessary operations, fol« 
 lowed almost by immediate death ! — death from improper treatment, 
 and ignoranr ;; ! ! attempting dangerous and unnecessary operations, 
 treatening life, by ignorant and unskilful persons ! ! ! — commencing 
 operations, which the operator was unable to complete ; and render- 
 ing the sufferer worse than before ! ! ! ! — scalding to death by hot baths, 
 so that the skin has slipped off the body on lifting the living corpse 
 out of the boiling water ! ! ! ! ! — Dreadful and incredible as these things 
 seem, they are facts. They have been reported to some of the 
 Commissioners, who pretended not to believe them, but, they have 
 not dared to investigate them, nor to call upon the parties who 
 make these statements, (of whom I am one) for a confirmation of 
 them. 
 
 I have the honor to be, 
 Your obedient servant, 
 
 16th August, 1852. 
 
 W. MARSDEN, M. D., 
 6, Anne Street, Quebec. 
 
80 
 
 In 
 
 i 
 
 In closing these pnges I most emphatically deny the right of the 
 four Commissioners of the Marino and Emigrant Ilospital, (with which 
 I never had any connexion,) or any other body whatsoever, to in- 
 vestigate my conduct, or to traduce my character as they have done, 
 whether it be good or bad. The novelty of trying a man in his 
 absence, and without charging him with any specinc oifence, has 
 been reserved for the four Commissioners of the Marine and Emigrant 
 Hospital. Their conduct towards me has been most wanton, cowardly 
 and unmanly. The term imgentlemanltf could, under any circum- 
 stances, only apply to one of them ; but, in this case, the error I 
 believe b rather of the head than of the heart. Towards the others, 
 I make no reservation. 
 
 The duty of the four Commissioners, and all the Commissioners, 
 was strictlv confined to an honest and impartial investigation of the 
 truth of the charges brought against the establishment over which 
 they preside ; and had their seUT^esteem been a little less, and their 
 
 conscientiousness a little greater, they would not have thought me 
 " uncivil " or " threatenmg, " (for I am in earnest,) and although 
 my charges might in some measure have told of their neglect, they 
 need not have feared the truth. Thb fiurt is, that the four Commis- 
 sioners were not aware of the slippery and insincere character they had 
 to deal with, in the Doyen of the medical profession of Quebec, who, 
 by his falsehood and duplicity, has not only deceived and compromised 
 them, but the Executive Qovemment also. 
 
 I respectfully submit the foregoing pages for your attentive perusal, 
 consideration and action, as they embrace serious and weighty matters, 
 that are either TRUE or FALSE. IS true, your course is straight 
 and even, but if false, it will only be common justice to the parties 
 calumniated, to hold up their accusers (among whom I stand) to 
 public odium, as a warmng to others in like manner oflfending ; but I 
 
 AH PREFARED TO PROVE THEM TRUE. 
 
 " Magna est veriUu et prevalebit" 
 
 W. MARSDEN, M. D. 
 Quebec, 30th August, 1852. 
 
 P. S. Since writmg the foregoing pages the commissioners have 
 resigned! Was the pressure firom wiuout too great for them ? 
 Their successors will now have a clear stage for action ; and will not 
 be obliged to resort to the herculeau task of " changing the course of 
 the river" to clean out the augean stables. A hundred fiicts await 
 their hearing. 
 
 Let them bear in mind that the patients are British and Irish, and 
 that their natural feelings and .sympathies are the same ; — that they pay 
 for all they receive, and are therefore entitled to the best care and 
 attendance that money can procure for them ; — and that the pat leuts 
 are not paupers on whom medical tyroe have a right to exercise their 
 budding genius. 
 
81 
 
 The Mar! ^ d and Emigrant Hospital has been under gallic dominion 
 firom the day the trickey doyen entered it until now ; he having exer* 
 cised the " banal" right of officering it exclusively ; either from his 
 family, his relatives or his students. 
 
 W. MAR8DEN, M. D. 
 G, Anne Street 
 Quebec, September 16th, 1862. 
 
 '^«.A^^n./^i^»^»JN*«>'^«N^'^