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/^ 
 
 A DEFEN-CE 
 
 OF 
 
 DR. ERIC BENZEL SPARHAM, 
 
 (HARGKD AND CONVICTED 
 
 OF THE 
 
 of Ifetiixfclei*, 
 
 hi: I NO 
 
 A MEDICO-LEGAL IirQUIHY 
 
 INTO THE ('AUHE OF THE DEATJI OF 
 
 yVliss Sophia Elizabeth Burnham, 
 
 me 8ui»i»oHEi> vicrriM:. 
 
 BROCK VILLE :' 
 
 LEAVITT & MOUTUWOKTH, I'KINTEHS, BUELL STREET. 
 
 1876. 
 
fWW 
 
 P3 
 
 
 p^ 
 
 ik 
 
 I^lj Nation,)! litif.iiy Hit)liotfiC(|ue nHlmrMlf 
 
 au Cinadii 
 
 * '■///, ^^a^^*^ 
 
 C 
 
 aiuu 
 
 la 
 
 ! 
 
A DEFENCE 
 
 OF 
 
 -^ 
 
 DR. ERIC BENZEL SPARHAM, 
 
 CHARGED AND CONVICTED 
 
 OP THE 
 
 Crinxe of 3J[xxi!»dLe:r. 
 
 BEma 
 
 A MEDICO-LEGAL HTqUIRY 
 
 INTO THE CAUSE OF THE DEATH OF 
 
 yVliSS ^OPHIA ^LIZABETH BuRNHAM, 
 
 ine SUPPOSED vicrriM:. 
 
 ERRATA. 
 
 For "puerpural" read "puerperal." Page 65, thirteenth line 
 troiii bottom. 
 
 For " abortions of a stimulating character" read " medicines 
 of a Htiraiilating character." 
 
 BKUCK V ILLE : 
 tEAVITT (fe SOUTHWORTH, PUINTEHS, BUELL STREET. 
 
 1876 
 
WW 
 
 P3 
 
 \ k 
 
 ol Cin.i'i.-i du Canada 
 
 
'\K 
 
 S' 
 
 A DEFENCE 
 
 OF 
 
 DR. ERIC BENZEL SPARHAM, 
 
 CHARGED AND CONVICTED 
 
 OP THE 
 
 Ci?i 
 
 nxe of Iktxtrder. 
 
 BEma 
 
 A MEDICO-LEGAL IlTQTnilY 
 
 INTO THE CAUSE OP THE DEATH OP 
 
 ^ISS ^OPHIA ^LIZABETH 'PuRNHAM, 
 
 HIS 8iJi»i»o8Er> vicrruM. 
 
 =e=c=e3e=- ; j 
 
 BROCKVILLE : 
 
 LEAVITT «k 80UTHW0RTH, PRINTERS, BUELL STREET. 
 1876 
 
LBAVITT AND SOUTHWORTH, rRINTESR, 
 RKCOBDBR OFFICK, BUELL STREBT, BROCK VILLB. 
 
 ' 
 
A. I^EFEIVCE 
 
 OF 
 
 DR. ERIC BENZEL SPARHAM, 
 mmpA Mil (^anvUm of m €vmt of puite; 
 
 Being a Medico-Leoal Inquiry into the Cause of the Death 
 01' Miss Sophia Elizabeth Buknham, uih Suitused 
 
 V ICTIM. 
 
 Ou the 22nd day of December, A.D. 1874, the town of Brock- 
 nlle, Ontario, was startled by the report that a vouno- won,a„, a 
 resident of the place, and of respectable connections, was'hin- at the 
 jwint of ,h,ath, in consequence of a criminal attempt at aborli.ni on 
 hoi- person l>y a well known physician, Dr. Eric P.cnzc! S;.,- ',,,11. 
 
 This gentleman was one of the oldest in^actitioiuMs in t'r> (.wn • 
 a man of unobtrnsive habits and skill in his profes.iou, an.l a member 
 of a highly respected family at Kingston, which h.s .-ontiibnlod four 
 iJrothers to the medical profession of Canada. 
 
 Although it was almost incredible, that a ])hvslcian of repute 
 would descend to such vile i,ractices, as were indic/it.Ml by the above 
 report, and although it was even less credible that a sui" ..., of un- 
 doubted skill, with his life and reputation depeu.laut ..p<.,t t„. I..„e 
 could so bungle an operation as ) .ause death, wh.M, uoihhv^ b„fc the 
 grossest Ignorance and bungling cml.l have le.l to su.-h a re^uli • yet 
 thereweremany well-meaning people who acceirtedthe r.-pnrt i,s la.',-il! 
 ly true, because it came to them with that minute circun.st.mr <,lM.[ail 
 which always bears the impress of credibility. When upon ,;,r,.m- 
 stantial evidence of a specific character the j.ublic has had ih svmn,- 
 thies so worked upon, as to pronounce judgement, in adsau.-;. „f a 
 duly authorized investigation, it is .scarcelv possible, even with very 
 clear jn-oofs /;er co7Ura, to secure that impartiality of feeling so desir- 
 able to the successful administration of justice. It cannot!,.- .Vnied 
 that -^ very strong feeling of prejudice w,,k ..utertained towards the 
 accused in Brockville, and the country generally, which «'as the chief 
 means of preventing a triumphant refutation of the charge, in conse- 
 
A DEFENCE OF 
 
 quence of which they now suffer. The rumor, generally credited at 
 the time, and accepted as true by the prosecution, but in some im- 
 portant particulars denied by the defence, was, that Miss Sophia 
 Elizabeth Burnham,.at the instigation of her seducer, William 
 Greaves, Grand Trunk Ticket Agent, applied to Dr. Sparham to be 
 relieved of the "fi-uit of her shame," and that he, after having ad- 
 ministered to her, without success, certain drugs to procure an abor- 
 tion> did, furthermore, use an instrument upon her, with a like in- 
 tent, but with a fatal result. In the above brief statement of th« 
 case, we have giren the conflicting rumors afloat at the time, som» 
 sort of tangible consistence, so that without unnecessary circumlocu- 
 tion the public may be seized of the substance of what further oppor- 
 tunity, and a progressive development of events, established as facts 
 worthy of general credence. It would be impossible now to convey a 
 tithe of the exaggerations current at the time, or express in feeble 
 words the intensity of excitement which pervaded the public mind 
 as the successive incidents comprising the history of the case for the 
 prosecution were gradually brought to light. Indeed, there is no 
 crime in the Decalogue so abhorrent to a civilized an ' Christian com- 
 inumty as that of abortion, when its perpetration involves the death 
 of the woman. And it unfortunately happens, for that impartiality 
 so characteristic of British justice, that the simple accusation of com- 
 plicity m It, IS, with many, under such circumstances, convincing 
 proof of actual guilt. The " Brockville Abortion Case " was no ex 
 ception to the rule. Throughout the whole agitation consequent upon 
 the imprisonment, trial, and judicial conviction of the prisoners it 
 was apparent that the public could see but one side to the question. 
 From Its very inception to its culmination, when the unfortunate 
 prisoners retired to their cells with the Judge's charge stUl ringing in 
 their ears, the popular clamor was constantly for conviction The 
 univei-sal sympathy extended to the ill-starred victim of seduction 
 and the general detestation of the crime, believed to have been com- 
 mitted as a cloak to its results, reacted disastrously upon the prisoners 
 and their mute appeal for forbearance and a dispassionate consideration 
 of their case, was disregarded in the apparent determination to estab- 
 lish against them conclusive proofs of criminality. But scarcely had 
 the sound of the Judge's voice ceased to be heard, before a due sense 
 of the severity and injustice of the penalty was felt by the public. 
 Everybody was now willing to sign a petition for reprifivA and i* is 
 confidently assei-ted viiat some of the jury who sat upon the case re- 
 
 
DR. ERIC BENZEL SPARHAM. 5 
 
 gretted, when too late, bringing in a verdict the result of which lack- 
 ing justification in clear proof, seemed to awaken strange misgivings 
 that possibly there had been a miscarriage of justice. Without 
 doubt a remarkable change in public feeling had taken place, when 
 men were forced to reflect over all the circumstances in connection 
 with the case. People were all along led to believe that there were 
 no exculpatory circumstances in favor of the prisoners. The proceed- 
 ings, preliminary to the trial, were so managed to favour the views of 
 the prosecution, that nothing could be said or done to throw the 
 shadow of a doubt upon the certainty of their guUt; and the counsel 
 for the defence so conducted his case that not the slightest suspicion 
 was entertained, untU almost the last hour of the la.st day that 
 rebuttal testimony of an important scientific character would be 
 given, completely subversive of the theory advanced by the prosecu. 
 tion as to the cause of death in the woman. Although the Judge 
 jury, and general public were not competent, at first blush, to com- 
 prehend the peculiar value of the scientific truths elicited from the 
 medical witnesses for the defence, in favor of the theory that the 
 woman came to her death from natural causes, yet sufficient waa 
 understood to throw grave doubts upon the question of the actual 
 guilt of the prisoner Sparham, both as to act and intention, and he 
 certainly must have received the benefit of the doubt from the jury 
 If theJudge in his wisdom had not seen fit to comment a<lversely upon 
 a i,ortion of the medical evidence which, he admitted, he failed to 
 understand but which might have been satisfactorily explained at the 
 time if he had intimated a desire for a clearer auH more intelli-^ible 
 exposition. It is a little singular that in important trials invofvinir 
 the issue of life or death. Judges will constantly permit, under a sy^ 
 tem of harassing and most insolent cross-examination, material evi- 
 dence to be so limpingly enunciated that the right frequently appeam 
 to be the wrong. Opposing counsel, stirred by a spirit of rivaliy 
 strive frequently not how to elicit truth, but how best to conceal it! 
 and by an artful system of tortuous and torturing cross-questioning 
 seek to convey impressions, and actually do convey them, the reverb 
 oi what is intended by the witness himself. The evidence of a 
 witness m the witness box is to a very great extent under the control 
 ot the examining counsel, who extracts jusi as much or as little of the 
 truth as suits his purpose. Under the system of our courts, durin.. 
 h.s e^miaation by counsel, a witness has no right to volunteer in! 
 formation. His business is to answer questions, and often no oppor- 
 
A DEFENCE OF : 
 
 tunity is given to explain more fully and comprehensively that winch 
 
 r :.s:r " ^"^ ^""'^"^"^' '''''' ■'^^^- ^-^^'' -^ - 
 
 TlH, object of the present pamphlet is to shov. wherein a miscar- 
 nage of ustice ensued at the " Brockville Abortion Trial," and to lav 
 before the pubhc such facts, bearing upon the innoc^.ce of 'he 
 pnsoner Sparham, as will lead to a reversal of his gr " ou^ .t 
 tence and a tnumphant vindication of the supreme logic of Tien" 
 l^unng the initiatory proceedings at Brockville, j.ublic foelin.. 
 was so aroused against the prisoners, that a truthful, impar in'; 
 careftd mvestigation into all tlxe circumstances of tie c. e^^; " 
 pra^ieable. This feeling, although tor the ends of ^u^^^^Z 
 gretted. was. under the circumstances, natural enough when eon 
 sicler by what artificial stimuli the sensibilities of the publilw re 
 ^ .nto such extraordin.^ activity. Dr. Moore, the^llLJ^ 
 
 h . biothe,- n-law and ^vlthout reflection assumed the truth of the 
 an^t^ns chained against the prisoners. Indeed, he fairly lost co. ! 
 mand of 1.S head and went about declar„.g the woman to be dvin. 
 for nearly a week before .leath en.led the tragedy. Of course' the 
 PU.C listened to his lugubrious prognosis lik; jLious dr .^i ^ 
 
 by the length of time it re.,uired for death to stru-^de with and 
 Strang e its victim. The general excitement was fW.h;. e .UtJ d 
 
 Z:::^z^t '?\ ^°'"'"^"*^.^'^ '^^ ""••"« i--- -^^^^M>y ::;::; 
 
 language, u-t.ndly juvjuclge.! the ease, tlms remlering all ertbrts sus 
 
 llie few frien.ls who remained constant to then, in the hour of trial 
 we e powerless in the face of such adverse circumstance for nor^ 
 6od and confused by the general tone of condemnation, ami HsW 
 on by the persistent objections raised to whatth.y considered fUr 
 
 without proper cliecks in evidence upon the case, who, from „reviou« 
 J-onn^ urn. could not possibly be f).vourably disposal to:: Z 
 Sparharu. ndeed, scant Justice was meted out to the «n- 
 fo innate men from the beginning. A.ssuming their guilt, every ef- 
 fort was made to establish proofs of it, whilst a morbid .,nd Z tu ! 
 reasoniililn t'"?-!.!! was ->-.i=i i! ... > ■ mhjnu: uii- 
 
 cstc.flbrf in ., '" .''^' ^""'*'^"*'>-"^'^""«'^t«^l that to permit the slight- 
 est cfloit m the direction of exculpation, in the only wny that innocl. 
 
DR. ERIC BENZELSPARHAM. 
 
 7 
 
 tlie 
 
 of the crime could be established, would be to insure the escape of men 
 who deserved the extremo penalty of the law. The innocence or guilt 
 of the accused could only be made plain by a post mortem examination 
 of di^ceased ; yet this examination was entrusted to men who for years 
 had l)een the rivals in business and professional distinction of the 
 prisoner Sparham. We do not charge the gentlemen who conducted 
 the post mortem examination with collusion, or intimate a suspicion 
 that their, evidence was not characterized by the .strictest adherence 
 to truth ; but we do declare that where a few additional strokes of 
 the scalpel were, perhaps, life or death to the prisoners -where a 
 well-knoAm friendliness, or at least absence of any disposition to un- 
 friendhness towards the prisoners, would still further ten.l to sharpen 
 the precoptions of the morbid anatomist, and lead to the most careful 
 and searching i.uiuiry into the cause of death, it was a fatal mistake 
 that in connection with those gentler others of equal profc-ssionaJ 
 attainments were not permitted to assist, and watch the .lissoctions 
 m favor of the prisoners. The law has provided that the prisoner at 
 the bar may challenge a certain number of jurymen, whom he con- 
 siders to be ill-disposed towards him, in order tlmt no un.luo advan- 
 tage shall be taken of him, but that ho himself shall be satisfied witU 
 that God-hke impartiality which aims e.p.ally to protect the honest 
 citizen ,11 his rights, and punish the transgressor for his violation of 
 th(.m. If this be an inalienable i.riviloge, and reasonably regarded as 
 one of our most cherished constitutional safeguards, hoxv much more 
 important that where evidence is being secvrcul which must either 
 convict or clear the accused, men shall Ix, selected to perform that 
 <luty who may liave the contidence equally of tin, law and of the 
 prisoner m charge. A vi„hvtion of this principle is justlv regar.led as 
 an encroachment upoii the d.-arest j.rivileg.M.f the subject, who claimB 
 the right of being con.sid..red innocent until he is' proven guilty. 
 Nevertheless, this unjust and cowanlly abnegation of tlu, principle of 
 common fair-play was unblusl.ingly, if not openly, announced to all 
 whom it might concern in l5ro,.k^ ille, by no less a pcrs.m than the 
 County Attorney, E.J.Senkler, who. like an ordinarv policc.man, stood 
 Hcntry at the door of the dissecting room to warn of}' all interlopers, 
 and prevent all being present, buttho.se in whom the prisoner Spar- 
 ham ha.l no confi.lence. It mattered e^ orything to the prisoners that 
 the pest mortem examination should be lu'ld bv men. not. only .,.ni 
 patent to unravel the hidden n>ysferies veiled within the inanimate 
 mnains, but also by men who could possibly have no motive, directly 
 
A DEFENCE OP 
 
 or indirectly, Of seeing through, glass darklv T«n«ft .u 
 
 ^-u iiii^nt witness the examination of the bociv Tint «,l.,u 
 
 fact andt o 1 '"" "''" ""^'^"'''^ ^* ^^riance with the 
 
 acts .nd If other medical men ha<I been permitted to have been d^ 
 
 ^^a there pi.babl, would not have been'Ihat unanim^ oftpinirn 
 
 wh ch lH,re so heavily .^ainst the prisoner Bj>arliam. We do not ay 
 
 petent medical men. after having carei ally read the record of thenoTt 
 
 arrived at by Doctors Morden and Brouse, that we feel perfects 
 
 S not avoi "; T" •™'*' " ''^^'' ''^^""""' "^^^ "f --« they 
 phatiu,! ly blame them for not explaining to the coroner's jury, and to 
 ^e court during trial, that while they held the view that the woman 
 Burnham came to her death through blood-,«,isoning, or pyl"?" 
 
 a thonties of the day, not.ibly Karl Schroeder, contended that such 
 an c«o.nrence was extraordinarily infr«,uent; that where pyaemia or 
 
 withou exception by some epidemic influence, rather than by injuries 
 
 < emu, inHuence, the existence of such au.es wr-e scarcely ever notical 
 
 tClh ? "' '^^ ^^""""'•'« J""-^ '^^ -""^ f'-t .11 o,.ning 
 
 u y"'Pt""«of blood i)oi8on,ng, wna not infremientiv ,.r<Hl„ns,i 
 
 ^j a«unu ouu«««. we would liave been perfectly BatiHliod,7o7then 
 
 > I 
 
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 li 
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 n 
 h 
 
 IX 
 
 b 
 

 I. ERIC BENZEL SPARHAM. Q 
 
 there would have been scope for profitable investigation. But w* 
 have never been able to understand why these gentlemen were so un- 
 accountably reticent in the witness box with regard to certain well 
 established^medical facts, the bare mention of which, at an earlier 
 stage of the proceedings, would have raised the doubt (a most im- 
 portant consideration) whether the deceased came to her deatli by 
 violence, or from natural causes. By withholding all exjiressions of 
 doubt .us to the guilt of the prisoner Sparham, at the coroner's in- 
 quest, and by the failure of the medical witnesses to mention that a 
 pregnant woman, living in a small-pox infected house, was exposed to 
 abortion, i)uerpural fever, and death ; the general impression of the 
 actual guilt of the prisoner wa.s so decided, that medical men of re- 
 pute were reluctant to testify for the defence when no reasonable 
 theory ha<l been adduced to show that there was even a in-osiMJct of 
 establishing a doubt of guilt. It thus happened that when the trial 
 took place, the medical witnesses called by the defence were insignifi- 
 cant in point of rnimbers, only two being foimd, Doctors Grant and 
 Church, who had taken sufficient interest in the case to inquire into 
 its merits, and satisfy themselves that death resulted rather from 
 natural causes than by violence. But such was the universal feeling 
 of detestation against the* prisoners at the day of trial, that these 
 gentlemen incuned no slight degree of odium for presuming to lift a 
 voice so out of consoiuince with the general temper. Newspaper cor- 
 respondents, catching the spirit of pei-sonal defamation, strongly hint- 
 ed a suspici(m of perjury as the only satisfactory means of accounting 
 for testimony that did not point to the sweeping conclusion of guilt, 
 without a mitigating feature to (pialify its enoiinity. We mention 
 this circumstance to show how diflicidt it is, even in a country so 
 constitutionally hcdgtnl iti by safeguards as our own, to always secure 
 the ends of justice in that dispa.ssionate and fearless manner which ia 
 at once the pride and ])rotection of the citizen. But while there were 
 only two medical witnesses examined for the defence, and five for the 
 prosecution, all the other medical men at the trial were in accord 
 with the witnes.ses who testifipd for the defence. We have the cei-ti- 
 licates of throe of them, Doctoi-s Lander, Hall, and Elkington, em- 
 bodied in this pamphlet, so that the public may be a.sstired we speak 
 not without warmnt. Besides these, wo can produce some of the 
 highest nu'dical authorities of the day in Toronto, Kingston. Montreal 
 and (ittawa, who,aft(n- having carefully read all the evidence a<lduec(l 
 by the prosecution, would be now willing to step into the witness box 
 
10 
 
 A DKKFONCK OF 
 
 and te,Kv ■„ behalf of U„. prisoner S|,a,.|.a,„. \v„ ,,,,„ „„„ „,„„,„ 
 »m„ of the ,>.o„Ma,- ,liffi™lti» that constantly waitcl np J M, , 
 fortnnato s..„tl„„a„ „t eve,,v eftbtt to ,hako hL„, ' c , r " Z 
 
 m of p„„„| f eha. h„.-|,.„ „,,„„t hi, h„„„ „„„ ,„„,t .,,;,am« 
 n. .t. transcendent ao,.«„e»,a,„, „,„„,,„(,.. ,,,,,^^, ^ '» . 
 
 ™„„, to v,n,l,ca.e the t„,t „,| ,fc,,, „„. ,„„,,," ,,,„^.X 
 
 «ave of popular ,„,l,,,„ation overwhel,,,,.,! l,!,,,. paraJvzin. „,n. 
 exerhon to prove hi, i„„„cc,„:e of ,l,„<.rin,ein,pn„„l to 1, „ "d.) .r 
 rod the soccty of fricudK, and tho.e nohle pn.Lil., that .,-,.,„ h^. 
 
 .t,onlypl„a.,,re,.he,tillhop,,,thon,h,hesli,,,,c„„.i,,,,,,;;,,,drt 
 pnson ■„,,» ro-od,o« .- ,„.v,.r ,„„re,. ,I„ „,„,„„ ,„ „,„ ^^ ; 
 
 «..d .ntol,,,™tl,riti.l, pal.lio to c,l,„ly „-ei«h and ,li,pa„1o„a ly 
 oon»!-. .1- overwhol.;,,, ,.,,,„,„., ;„ ,,;» favor. „hioh'„ow for the 
 h.st t,me he presents n, all „„,■,. ,„„,„(„„,, ,,„, ,,,^,i,„,,,,^ 
 
 . 1 the _ facts thut co,ni,ns« n his^.-y of this most o.trnorMn.:-v 
 ease It ,s our duty to rnontiou hero, that th. m-ouuu, Unruh-.un fur 
 
 o mal pox. 1 or b.-other was .low. sick with it, .u-l wo ,vr. iu- 
 
 ti.igic death This nnportant fact di.l ,iot tran.spi,.. at (I.o n*,'.,! 
 
 IhTil' T" -H ' ' ^r^"^"'''"''''^''- 'Tl.o hroth.r, who was a conductor ou 
 transit in H ' ' "'^'^ '^'^'^ ^^"■'^^ '^""^''it th. infchion whiln iu 
 ^.ans.t m tho p.rforu.auco of his duties. A sisU-r i,n',il,.d ,1... 
 < soaso innu thjs brother, whih> livin, i„ thn sarn. ho.s. and bn^.h- 
 ng the ..mo tufi-cted atn.osphoro ; an,l it i.s not unro .sonabU- t , a,, - 
 B^thaMeceased wouM havo bo.u Just as Hable to b,vo,no i .. . 
 
 ^ ^: ;: 7'T ^""'''''^ '■•■'"'"■-'' "•"■ ^•--"'^- -^^^^^ 
 
 .ufeot.on. A o Jmv,. assuu.cd that the won.au Huruham was ,„,.. 
 .nt, H.causo„ll the nodical witnesses .xan.ined at th. hi.d o .?, 
 tlnnr behef of ,t. Kvon Dr. Chtu-eh, who wouhl not adn.it th t n 
 ™conch,s.ve .nodical proofs of it, concurred in the .on,! • 
 
 that .UMa,ort.on had taken place AVe base our defend upon a' 
 . abi,shoa at the tn.l, and a. it i. not our intention to i,n r f t^ 
 —ccpt the pregnancy of Ma .oa. .n as . f ...^one conclu^on. No 
 
 )W 
 
DR. KKIC BEXZKI. SPAHHAM. 
 
 thus shown 
 'on this uii- 
 
 of the net 
 shos. The 
 t aintalh'iii'- 
 10 li.qlit.s of 
 )nfls whicJi 
 
 letti riling- 
 :ing evciv 
 1. Del)ar- 
 livn to life 
 afthfidark 
 ^ frcnpi'on.s 
 ssiouiitoly 
 Tw for tlif 
 [() force of 
 li'vel with 
 lorJiiury 
 
 lllJUl), fill- 
 
 iiifoci ion 
 
 !ift(n- Irt 
 ihn I till 
 >(if iroif/J 
 Inctof nil 
 M"hih) ill 
 l)d the 
 I l>r(';ith- 
 • t) .•■ii|)- 
 iiifootod 
 paiT'd to 
 disposal 
 . eeding 
 •ns pi-og- 
 hchu'od 
 it thoi'c 
 il lu'lifC 
 :)n iiicts 
 ■e fuotH, 
 Now 
 
 11 
 
 ^ve intend to establish, that the con.litiou of pregnancy incnrs a predis- 
 positiou to b..conie infected by small pox ; that when infected urder 
 such arc.uustances. aborfon is most apt to take place, and finally 
 that deatl. ,s the nsual tonuination of such cases. In the article on 
 sma ] pox in Zien.ssen's Cychn>cedia of Medicine, vol. 2, pa<re ;57-^ 
 thelafstand highest authority, we read :-" Weak, sickly persons,' 
 =ui.l convalescents, as well as pregnant women and these in childbed 
 api'ea.. also tu be particularly predisposed to this form " (hemorrhagic 
 •sninJl pox.) The accepted doctrine of the day upon this ,>oint appears 
 to bo, that the pr,.g„ant woman is somewhat less su.sceptible to con- 
 tagion than the puerpural or th(! woman in cliil,l-bed. But that both 
 aiv particuhirly j.redisposed to one of the most fatal forms of small 
 pox, we have shown above ; hence, in view of this, wo find Dr 
 'auner, m Ins " Diseases of Pregnancy," page ;3G2, advising, that " A 
 l.rcgnant woman residing in a district where small pox is prevalent 
 shouhl be vaccinated or re-vaccinated." As we have e.stablished the 
 predisposition, we shall proceed to show tiie conse.piences of infection 
 Keynohls m his -System of Medicine," vol. 1, page 449, the best 
 iMigiish work on the practice of medicine, savs :_" Pre-nancy is a. 
 most unfortunate and dangerous complication in small pox. Abortio,', 
 i^ very apt to take place." Lelshman in his - System of Midwifery " 
 page ;J.^!), tlie httest and besL English work on the subject, remarks'- 
 " Any serums disease, whether acute or chronic, may be the .lirect 
 cause, (of abortion) and the general symptoms which accompany the 
 ongmal .Usease may be greatly aggravated by the occurrence in ques- 
 tion. Many febrih, diseases are extremely liable to lead to abortion 
 more especially small pox and scarlatina, and in too many of these 
 cases there is a fatal issue." Dr. Tanner, in spe.king of the effect of 
 the eruptive fevers on the pregnant woman savs ;-" Probably small 
 pox IS the most to be dreaded of this class of .lisorders ; the confluent 
 form appearing to be uniformly fatal to the foetus, and not unfre- 
 'I'Kmtl.v to the parent." It has been thus clearly shown from the 
 very highest medical authorities of the day, that th.' woman Hurnham 
 rom her special condition of pregnancy, was constantly exposed, while 
 .VH,g ,n that small pox infected house, to abortion and death : yet 
 o suspieion does not seem to have been entertaine.l by hor attendant 
 l'l'}Hician, Dr. M„ore, or by the gentlemen, who performed the post 
 uiui.eie. pv.,„„jij,tion, that any other danger threat.med her except the 
 "..l.ullowed arts of the abortionist. In a medico-legal im.uiry into 
 tl.o cause ol .leath. where it can be shown that two can J were 
 
 
 "-^ 
 
 
 M 
 
12 
 
 A DEFENCE OF 
 
 operative, is xt not of the last importance to make diligent investi^ 
 tjon, as to which of the two actually produced ic ? Neverthel It 
 the case under cons.deration, a ™o.,t subtile and effective cause of 
 
 bvT r T f *'' " *'" "°""" ''""^''^"^' -- --P'«*^Jy ignored 
 by the medical witnesses for the prosecution. Not I whiLr of U 
 
 not possibly have had small pox, because there w.s no character s"ic 
 eruption to indicate its existence. This sage remark may sound ke 
 
 l^t::^'' r^"^' ^•"''^' ^^« -« accustomc/tH: i at 
 wi h the Idea of small pox a hi.leous and most unsightly eruption • 
 
 mtwith he medical profession, who probe beneath%he « H to 
 
 trhT t"fr^ t- 7- ''^^ "^" ''-'--' '' -^^' '-« ^^^ 
 
 Zr T ''"'^ '" '"' " J^i^tion^'T of Mediciae," vol 3 na^re 
 
 epidemic, that that malady sometimes presented a most dan-erous 
 form, m which there was no eruption, and sometimes even nfsore 
 throat; so it has l«,en observed tliat an analogous form of small ,,ox 
 7e::2:r-r'' epi<iemics, especially in places wher: a, the 
 
 ?h rit ''tT u T"*' '''"""' *° P''^'^"^^ ^-* malignancy. 
 Thu It IS recorded by Mr. Crosse in his " History of the Norwich. 
 Epidemic of 1819," that a number of cases of fever with lutein 
 but without any variolous eruption, appeared in May, June, and July,' 
 when th« epidemic was at the worst, and all terminated fatally '^ 
 
 Petech,al sma 1 pox paita.es very much of the same character a, 
 malignant smallpox.. Numerous little dark spots, resembling a" 
 bites especialy about the arm-pit, and groins! are observable' at 
 the skin m these parts has a greenish yellow hue, very like what we 
 
 manrx''"""''"r '"'" * * * -li«-"-nd petechial 
 small pox are very nearly akin." Ziemsson in his " Cyclopoedia of 
 Medicine." .ol. 2, page 352. remarks :-<< It («mall pox^ "not 
 always progress to the characteristic eruption, but the disease may 
 terminate with the initial stage, even before distinct effloresence 
 become., apparent. And herein the two extremes of small pox meet • 
 the /ebnsvanolom suw. exanthemata, the most benignant form, and 
 the so-ca led^,«r;;,.m variolosa, tke most malignant form, leading to 
 
 ortain death." In confirmation of the fact that zymotic diseL. 
 like Bmall pox when attacking the puerpural female sometimes go on 
 " a fawi i«H«c without manifesting any of their peculiar characteris- 
 tics, we refer to the remarks of Dr. Barnes, admittedly the first 
 
OR. ERIC BENZEL SPARHAM. 
 
 13 
 
 authority in England on the subject. This gentleman during a de. 
 bate (about which more anon) before the Obstetrical Society of Lou- 
 don, this year (1875) says :— •' I have seen cases traced to scarlatina 
 poison in which the usual symptoms of scarlet fever were absent ; no 
 particular sore throat, no swelling of the glands, no rash, and yet the 
 ciises have gout on to a fatal issue." The render will readily under 
 stand the object we have in view in making the above quotations 
 from the writings of the beat authorities of the day. It is to induct 
 the public to an appreciative understanding of all the merits of the 
 case. Hitherto it has seen but one side of the " Brockville Abortion 
 Case," because that one side was so simple that any one might under- 
 stand. It was the old story repeating itself : First, seduction ; 
 .second, pregnancy; third, the attempt at abortion; fourth, destruction 
 of the foetus, and death of the mother, to wind up the sad tragedy. 
 Perhaps we too readily believe what we have been familiar with. A 
 smash-up on the railroad, or a shipwreck where many lives are lost, 
 will, to many, impart a sort of expectancy that the same kind of ac- 
 cident may occur to them, until familiarity with safety again breads 
 a feeling of security. The public of late have heard and read so much 
 about criminal attempts at abortion, that when the accusation is made 
 with a certain amount of circumstantial evidence to support it, it is 
 already more than half convinced of its truth, and will turn a deaf 
 ear to rebuttal testimony of an unusual character, requiring somewhat 
 of an intellectual effort to grasp and thoroughly master. This is just 
 the position of the " Brockville Abortion Case." It was perhaps new 
 to the public that a [iregnant woman exposed to the infection of 
 small pox was liable to abortion and death, and that she might have 
 a most malignant and fatal form of the disease without the usual 
 characteristic eruption ; yet that such is unquestionably the case we 
 liave given abundant proof The case now stands thus : The prose- 
 cution says, Sophia Elizabeth Burnham was pregnant ; the defence 
 admits it. The prosi'cutiou says, that an abortion was induced on 
 hor by Dr. Spurham, in consequpnce of which she died ; the defence 
 says, no ! you are mistaken, but an abortion was induced in her by 
 small pox, by whicli she died. The prosecution says, we have proofs 
 that Sparham actually attempted an abortion on the woman — that the 
 symptoms of her last illness, and the facts elicited from a post mortem 
 Hcrutiny nf her remains, clearly show that she died from the effect of 
 injuries received from Sparham in the attempt. The defence says, 
 your proofs will not boar the light of in vestifation ; they are only ap- 
 
M 
 
 A HKKKNCI.; OK 
 
 «y-, jealous ,.!• (1.,. invL • V- '"'" """■^' ''"^ '^ ''— "' 
 
 '-'^ iu u,.. olKd / ; :''"r^ ^'^•!''^"^''' -^" <^'*'^ 'y t..st .n..a.v 
 
 ■ p'-f^. au.i .1.. la.tio,. ;.„ ,, ., :, V" r"'"r'>' ^-"^'- ^ -" fH, 
 
 Hynu.t..,„.san.l..,i;,etsor.s,nall no- ^ '',■' '^^^^ ''"''" >" -n- of th. 
 
 *-^--y'^-'u>pn....,io S :r^^^ -i-' 
 
 app-priato oxU-a... ,Vu„. ,1. w i ,, f i: "'T'T^ '^* '''"'" '^ ''^'^ 
 
 ""^'' '"■ *''-'"y- Win.,.,),. :. V "'''"' 
 
 take caro no,, ,o oouk „,;I ..; , ^ \ ^" '"■'-'"■'"' ^^■'""-' -^' '""^t 
 variola (s.nall ,Kn w '"""•^ '^"'';"«^"- ^'* ^'"^ ""^-'' "^'K^- o^' 
 
 variola.'- , Mo " m "' rT^'''^' '"'^^ ''•'"'"-^ --^'^ "*' 
 
 «'--lly no,!, a.,. ,,~ ,/ 7;'r '"•■-'■'"'^^" ^-' -.0, ooea- 
 
 • ,. , "<■>' ly .III, ot tlio uiiicoa.s sarficiN * =v. ■.¥ .i 
 
 teimilesnietroi-ili.i..i.w,.v. • .• , '' "• P''o" •>' a, «a,vrt : -" [u 
 
 .••«.'. ;»::::::;:; :2::'s^::;,";r:""^- ^ 
 
 ijaoi,'> : — '• ( 
 
 I'oa 
 
 po"^ iMiouuioiiia is aut iufn 
 
 I'^tges 380, ;58 
 
 <% iiad ;iS,s. 
 
 we 
 
 (|iiout 
 
 * 
 
 
 plciirisv 
 
 a 
 «< 
 
 si 
 a 
 111 
 
ITt. K.'tlC ItK.VZK,'. SPAIUIAM. 
 
 JT) 
 
 'm.li.Mir;u.l,,i.,uotnI,.,al,lyfV,.,,n,.nt(.-,,m,.l,V,,tioMx * * * ,o,m 
 J>I'".''"ons fron, ol.anges in th. al„In,ui„,.,| visc-on, ,.,<. not fVr.m.nt ■ I 
 iavo nov,.,- s,.,.n p.n-itonitis ex.,.,,t fVon, a l,„.,.l .,.,h„." '- I,, U,,. 
 h^mon.l,:,.i.. ion„ of v.riol.. l„.si,K.s tl.o Lsions n.^nMoncI, w. fin.i 
 a.-oo..s,n.lll.,.n,o,TlKigosinMlI,i,ovis,.rn." " Wo may lin.l InMnon- 
 Imyo., n, almost all tho nuu-oas nM.:nl„an,.s." W,. I.^v. f., t|,. p,.o,„„,, 
 
 om.nH.at.d a sulliciont n.nnl... of n.M. t-, .s.al.li -h iK.von.l ' .stiou 
 tlM. v.n^ y,vat haLiliry of a p.v.nant .-on.an, wIhm, .xposH o sn,ali 
 .ox, ., l>e..,n.., u.iW.to.l 1.V it. an.i afto,- i„i;.,,i.n ],,..■ L:m. pPon ' 
 .-st,al.o,,,o„,aft.ulc.„ „.„„,,„, ,,,,,„, j^^,,^ 'J, 
 
 -n.ov<.,sI..n as.il,,.,,.,,. ,^^ 
 
 ''•':-' -•'•<•-<'' --all ,...,., a. sin,„!a,.iysinnla,. to thos...^ 
 
 : i- I- -'--.■.1 won,an r.nrnl.an.. iiut w. ,lo, for .ho pn-.-n, 
 
 - Ml.. na.,hc.a h.v.i.an. fWMlH. p.,.,..„Hon, a ,...oni of th. post 
 "'-'•;". -nnnnatum, a Anv .a.ti(i..at..s of p,...,,,i,.,,,, ,,,,,;,,, ,,,,, 
 
 n,,Hnn:plK..pn.s,,on ati.su... and tIu.doposition of tl...,^ 
 .-11. Urns far wo l:a^r snnpl v . n.I.avon,,! to »ivo tl.,- pui.li,. a ...no,a| 
 
 '|- tli.;Ha.<.tso.'tl,. smallpox p.ison on Ha. p^nant and p 
 
 . .n.p nMa.d..M,a. in.,avjn.l.otl,ona.,la.alevi.Woli!.it.d 
 
 . t tho tnal ,n a n.oro mtolH.il.lo and satisfactory n.ann,.,-. Hnt (ho 
 class <^^zynu,t,o dis.aH.s to .hi-.b sa,all pox ..olon,,K does n f nsnally 
 • ■• -^ I- l>.T.,n.ant o.- pnnpnral won.an in tho san.o wav, tl.at it .lo.s 
 '— tnnd,T;jo,n.,lH- vilal p.o.oss.s peonliar to tI,o pf..;,nant and 
 -v,an.al eondU-on. ^ h w. lauo ...n, it indn.vs aWti^n in the 
 H;^|ant and tl.n in oo.un.on with .-avl-t fovo,-, typhu, typhoid, 
 — I'N ^■;., ',.;. n.o to a fov..,-. ......o^nlzcd hy ,1,. a.oo,.d.on,. a. 
 
 .'• |l-va . y,.,. t .nI,o proof of u-hi.], ..r.iW a^ain to thn .vn.arkH 
 
 I M...,nstly ...,., n.,M D, llamas l.tWro tho OLtoh-icd Soeioty of 
 
 I-ondon .n May, 875. I lis ol>s..,.va.ions a.o too extonsivo to o oi. 
 
 m hdl. InU .. w,ll ciuoto as nuH. as rHWs dirootly to tho ,p.o ti< ; 
 boiore ns. lo sa,d :_.> Tho.-o is tho fonn of foyoi- in the lyin.,-in- 
 -..mn ^yi,K.h .s tho direct result of inf .tion or c.onta-non prodn..d 
 by sonu. .ynu,t.o poison, as scarlot foyor, (perhaps tho nu.st oonnnou 
 ot . I ) or ory.s,,H.las, or nieash-s, or typhoid. All thosn thing.s ^yo nro 
 mul Icnovy, and ^yo cannot for a mon.cnt dispute tlu-n. " * ^- * 
 1 we look at ^yhat a lying-in won.an is, wo there see a pecnliar con- 
 stitmion r.ady to voceive poiHons, and r.-ady ibr those poisons to IW- 
 ment and go on to a .lisastrous issno, while in another case the poi.,,, 
 has no snch ,.n;.ct. Then there is a peculiar condition fol'owing 
 
16 
 
 A DEFENCE OF 
 
 labor, whore tlie system has been loaded with matter. There is the 
 involution of the uterus, the discharge of superfluous blootl, the milk 
 process coming on -a state just treading on the verge of fever; at 
 any moment the slightest excitement or the sliglitest noxious matter 
 carried into the blood is ready to ferment and set up fever. It does 
 not matter what the poison is. I think that one observer in his in- 
 vestigations showed that even a case of cancer in a ward was the 
 starting point of a series of puerpural cases. It may be said that a 
 cancer germ will produce nothing but cancer. It will produce fever 
 in a lying-in-woman. * * ♦ This peculiar constitution is one which 
 we may recognize in the range of surgery and medicine as well as 
 obstetrics. * * * We know there are pei-sons wlio cannot scratch 
 themselves without a foster, all going wrong in a moment. Well, all 
 that condition exists, in an exaggerated degree, in the lying-in-woman 
 - -no matter what the i)oison is, whether you call it scarlet fever, or 
 measles, or anything else. This is more especially observed in cases 
 where the symptoms are manifested earlier than they are in the otlier 
 class of cases, where the poison arises in the patient's own system. The 
 fever breaks out in twenty-four hours, or in two or three days ; 
 whereas, in the other cases, it comes on later. * * * There was 
 a case referred to by Dr. Willson, a gentleman in the country, who 
 believed that infection was due to the skin. I believe it may be 
 propagated by the breath of a medical attendant or nurse ; we must 
 all be conscious sometimes of taking in poisons by coming in contact 
 with poisonous patients. * # * a man may walk about charged 
 with infectious disease, and those who are susceptible, with whom he 
 comes in contact, may catch it ; those who are not, may, perhaps, 
 have a little dose, which they can throw off, the system being in good 
 working order, and there is an end of it ; but if a patient be in the 
 lying-in state, with the blood ready to ferment, such a person would 
 be ready to be attacked. There is the secret of the difference." 
 The above extract from a most eminent authority adds another link to 
 our chain of evidence. It shows how peculiarly susceptible the 
 puerpural woman is to become affected by any of the diseases belong- 
 ing to the zymotic class, and that, by any of them, a particular form 
 of fever is originated, called puerpural fever. To make these extracts 
 applicable to the case in point, we shall now quote from the remarks 
 of Mr. Coulson, Surgeon to St. Mary's hospital, London, England, in 
 the "Epitome of Braithwaite," vol. 2, page 431 :— " The disesise, 
 (puerpural fever) with its local effects and constitutional symptoms, 
 
DR. ERIC BENZEL SPARHAM. 
 
 17 
 
 may occur aftor abortion in the early months." Our position, war- 
 ranted hy the facts and deductions of science, is, that tlie deceased 
 was infected by small pox, causing abortion and giving rise to puer- 
 pural fever, sj'mptoms of blood-poisoning or iclmrrhoeniia, and death; 
 that the lesions found post mortem were such as we ought to expect 
 in a case of fatal pueri)ural fever, caused by smimH pox. On the other 
 hand, the ca.se for the jiroseciition was, that the d(>ceased woman had 
 received a penetrating wound of the wonili, which, causing inHain- 
 mation of that organ, led to pyaemia, .symptoms of blood-poisoning 
 and death. We shall, at the proper time, prove that tiusse deduc- 
 tions are not compatible with the .syniptorriH and secoudarv lesions, 
 noticed by the attendant physician and post mortem exaniini'i-s Wo 
 shall, we trust, so estahlLsh ouv position, .-.nd fortify it by undenialile 
 HcinntiHc facts, that tio candid and impartial per.son can refuse to be- 
 lieve' that Dr. Eric K Spiirhrtm* has been more sinned against than 
 sinning. To the fiuperficial readei-, the (h^position of deceisod might 
 appear to be strong jmma facie evidence against the doctor- as to 
 evil intent, but a closer and more careful ex.-imination of that docu- 
 ment, rsjiecially by the trained medical mind, will lead to a very dif- 
 ferent conclusion. The points in it that .seem to b(;ar strongest against 
 the i)risoner Sparham are conjectural and ])i-esuii)ptivH. With shese 
 ItrehmiuiU'v reinarlcs, necessary to put the reader on his guard, lest he 
 form hasty and unwarrantable inferences, we proceed to the statement 
 of the case for the prosecution. 
 
 I'he Evidence of Br. Moore. 
 This deponent, Vincent Howar.l Mooiv, upon his oath, saith as 
 follows :— Knew the late Sophia Elizabeth I^uinham. Attended de- 
 ceased on one occa.sion about nine mouths ago. Gave her some 
 physic. She was generally well. Was called to see her on the even- 
 ing ot^the L'2nd of December, 1874. Saw her then about V or 
 7::iO pfm. Found her pale. Aske I her what was the matter. She 
 said she was suilering pain over the lower part of the abdomen or 
 womb ; she naid she had had an abortion produced. Wkamined her 
 person and found ihe vagina moist and containing blood; blood was 
 also on her clothing, covering the genital 'organs.' The month of the 
 womb was open, sullicicnt to admit the tip of my dngor, of an irre- 
 regulur shape, ajid veiy sensitive to the touch. I found & substance 
 m the OS, which I removed, and, upon examination, believed it to bo 
 a portion of an after-birth. I rolled it up in a piece of paper, and 
 
 ■|»i'i 
 
18 
 
 A DEFESCr. OF 
 
 kept It until evening, and showed a U, Dr. Vaux. He did not iro 
 np«tanvs on account of Fred. Burnham's having small pox 1 
 proc..,.led to tre:itdece.H.d from that time until lier death, in con 
 Junction with Dv W^ir, a j.ut of ^,e.time. Gave half a drachm of 
 Umturc^ of er«ot, aud in about half .u hour the same quantity of the 
 tincturo .f opnun. I treated her for an abortion and for what might 
 . follow, Dr. Weir, from Menickville, saw her on Thursday p^ 
 He wivs chosen because he was attending a ca.se of small pox in liis 
 own village, and the dcx^tors of this town would not like to attend 
 her on account of their practice ; they would not like to go to a house 
 where small pox waa I believe deceased died from inflammation of 
 a part of the contents of the abdomen. My opinion of the cause of 
 •leath IS, that it was puerpural pyaemia or puerpural peritonitis The 
 cause of the pyaemia w,is absorption of pus, but the inflammation 
 was ca,^ed by the abortion. Was pi^sent when the declaration was 
 made, Thursday afternoon. Saw her that morning at 5 a.m. and 
 - m. She appeared to be dying. She said, before she made vhe 
 declaration, that she w,is going to die. She asked me if I thought so 
 and I told her tho,t I did think so. I gave Dr. Vaux a detailed and 
 correct statement of my treatment. I ]iassed a catJieter on Tuesday 
 and drew off about 1 3 ounces of urine mixed with blood. I used my 
 eyes to pass the instrument. I passed it on several occasions, and 
 every morning. J. K. Read, Mr. Richards the lawyer, and myself, 
 were the only parties present when the declaration was made' 
 Several other magistrates refused to go on iiccount of the small pox 
 i'.i the house ; therefore, I got Mr. Read, of Burritfs Rapids The 
 statement was vohmtary. After it was read over to her she made 
 some corrections and then signed it. She knew i^^rfectly well what 
 she -.-as doing. Hav'nt the slightest doubt but what she w^ in her 
 right mind, and had no hopes of living. She became uncon8r.-ous on 
 Saturday evening. Was not delirious imtil Saturday eveiui>- T 
 could not understand her. She spoke low and mutteringl '-^ ., 
 attending her brother for small pox. My treatment of deceased was, 
 at fii-st, one *-ac]un of tincture of opium, and again, during the night 
 a dose of the same. Wednesday, did not give any medicine. On 
 V\ edi - :, .y evening left a powder of two grains of opium, to be taken 
 It sillier), .«.,n Thursday, did not know wlietlier she took the 
 mediciuo c: .,. W.,-- u,ld she had. Ordered wine in the morning 
 and used . at., -.r, .t noon ^^ve wine more freely; more wine at 
 uight. .a 'Lc >..ning she v .« seen by Dr. Weir. Left this night, 
 

 DH. ERIC BENZEI. SPARHAM. l^' 
 
 two powdei-s of oi)iuin, of tw,, irrains each. SJic vomititl them. 
 Friday morning she was better. On Tliurschiy, ordered ice and 
 brandy, and in the evening, ice-water and '.landy. Fiiday noon, co.i- 
 tinned brandy and ice. Fri(hiy evening left a powder of opium, to 
 be given if required. Saturday, 2 o'clock a.ni., found Iier Indly dis- 
 tended, tender on pressure, features pinched, drawn up, pidse 130 to 
 110. A^as suffering pain over abdominal region. Found local dis- 
 <!harge. Her expression very anxious. Ordered flannid wrung out 
 of hot water, and tincture of opium, 15 drops, to be put on each 
 flannel every 15 minutes. Take 20 drops of tincture of opium by 
 mouth. Kept up applications imtil 8:30 a.m. Then aj>pli(!d linseed 
 poultice and tincture of opium, but she com-plaiiied of the weight. 
 Kq)t up these until she became comatose. At 6 or 7 a.m., gave an 
 injection to relieve flatulency. Used for this, laudanum and oi' of 
 turpentijie; then got easier. Tender on pre.ssure until 4 oi- 5 o'clock p.m. 
 Saturday. Tender on severe pressure. She became spotted. I'reviou.s 
 Wednesday morning she became very much jaundiced. Pulse from 
 Tuesday until Thursday not over 100. Thursday morning, pul.se 110 
 ir evening, 112; Saturday morning, pulse 134; Saturday at 4 oi 
 5 p.m. offensive perspiration broke out, also hiccough and laborious 
 breathing. Thought on Wednesday, that pyaemia was going on. Did 
 say she died from inflammation of portion of contents of abdomt^n. Now 
 think, there was pyaemia on Wednesday. Made no treatment for 
 lungs. Did not look for lu-ea. Found blood in urine which was 
 more or less diminished. She said she was about two months preg- 
 nant. Examined clothing and vessel, did not And a)iything of foetus. 
 She thought it had come away, but could not find it. 1 found the 
 placenta. Difterence between mendiranous dysnienorrhoe a and 
 abortion, is as to the membranes; the former is rare and different from 
 what I found. The membrane in dysmenorrhoea is a cast of tlu; 
 uterus. This was one inch and a half long, and half an inch in 
 thickness. Tincture of iron aloes and myrrh, are useil to bring on oi- 
 restore the menses. I was not present at the post mortem. Acute 
 peritonitis, on Saturday morning If the uterus was punctured, there 
 would not be much bleeding from the part. If blood escaped it would 
 coagulate. Did not know how much of uterus was invohed. Ex- 
 amined several times. Feared first on Thursday morning for her 
 life, as pulse -wius rising; breath had characteristic sweet smell. I 
 thought then she was rapidly sinking. On Fridn- the perspiration 
 became offensive, a sign of danger. The lochia hm jieculiar smell. 
 
 
20 
 
 A DEFENCE OF 
 
 ,.;,'■ "'"", '"■"' '• I I" «H"".l tl,„ w„„m„ 11,,,., |„ „ 
 
 ,,":;;;;;■"'"«• ' '>■ »'- »- '"><™ .i"« - -iok. i,e ,■. , „ 
 
 ;■ ' ■ '"""'■" T '"■'"""' '"'""' "' "'■• "'■' •" ""■ -I"!' 
 
 ,'; ' ■ "" "■' " I' I'" ll'""Slit .• a |„„.li„„ „r„f,,.,.|,i,.,l 
 
 ::::,:;;::;;■;: :,::r";r,:';;: -' r ' '""''^''-' 
 
 ::;:: ;'v« :""-'n.;;::r::::;r;::!;r :::::::,;- 
 
 iHiMi ol 8u.-li ,lim,M..si,.i,.s. ItivMiis,. •.( fl,„( .. .; i .• . '"■'"" 
 
 . .« (" l";„.v,, ,.l„,t i„ ,i,„, „, „„ „,„ ^.,,^ ^^^ . 
 
 .«.,■,. „l„„t ,„..,,» ,,, „. „„„„^,„,,^ „,„ ,,„ ^,„_,^,^, ■ - ■ .; 
 
 '"' ''"■ '"" '" """"I"-" " ■'• I.' .an,,..,.,, ,.K.,.|,l ,„„|,.,., .;,..„„ 
 
 •i,.. «„:„: : :; ,:,:\:r i: ;■':, "■" ■""'"■ :'■'■ ^ «■'* 
 
 I .-'""'", '"i"! Iiail tli.-n mviitlv h1.oH,..1 Wc ■uv 
 This last )■■„.. is , V ""'•^' "•'"'" ■'^'•""ItanaMiHly. 
 
 .;.;^.;;r;;:::::r::;::i;:,,;::::;:;::-;r- 
 
 t.'Z' :;;,':;;':;;':; r' ""'■ ■ »w;i:, t,„, „;;,:^;^;i 
 
 n«..,i t,.,„.„ ",;;':'■■'"•";.' r' "''«'- ■•- 
 
 I-' ». M .V ; :,,„.„ ',::;':::: >■ '■""■' ' 
 
 l,(,Tii„. !,.,„ , „,'l..„,;„. '" l'"'«»'"". ""'I 
 
 ™...;,,,,,-,::r^ 
 
 "^^" tiMiMls .u.nn.l ,M.s„uM, i„ ,1... ,,..|vi,s. * # » ,, •, : 
 Ht'Ko. ..,■„(,. (.n.l.mi. (riris o.n.si.s.s i, ,.,,,„„ ,,. , ,. , " "' '"r^ 
 
 -'^-'-~ "^--.:::i:::'i.:;::,.::r:; 
 
Dn. v.nu; iiKNZKr, spaiuiam. 
 
 21 
 
 
 loMciiifT p„H, whioli rnny bn more or Iohh minpl.-d with l.looii. U ihr. 
 cnivix 1,0 involvo.l in (Imr i„(lan.matory <.n«,.r^ro,„oi,t,, tiu- unioo.m 
 inon.l.rano „t M.o vn-iiml ,M,rt,ion ..f (,!„> oorvix pMrtiripalos inH.lcclly 
 as an ..xi,i„„u(ion by tlm H|MM'.ni,nn will ,.,„v,.." At tbi« „a.ly s(».ro 
 ot tUv. cas.. It lines not appear that tho .milon.HTitis wm,s .:o.Mpli..Mto.J 
 with any obHorvabh' n.ntiiti.s or ijifhuninution of tho bo.ly „f tha 
 won.b. To assist tho .mprofcHsional vvmU'v, w.. ,nnv .xplain thu 
 " ""•'"•"•"■'•'ti^" »...iMs. an inllaMmmtion of tl... innor oimtin-r,,,. |i„in. 
 tnenibrano of tho wo.nb. It w.s not nnlil Snh.r.lav, tho foMrM, .lav'' 
 that Dr. Mo„r,. obsorv..! "distonsion of tho bHIy," nud " t..n.lnr...SH 
 on prrssHr..." Sho " was snlhM in.i. p.i„ „vor ab.h.Munal ro^ion • " 
 "f.."M.I loral .lisrharg..." jjy n.fnrin- to f)r. Thomas' .h'scription'of 
 u.M.t.; ,m.lon>H,ritis, it will I.,- „,v„, (,|,,,f i,, f, „„,^, „„„,. ^,„.,.„ ,,_. j.^,^^. 
 .hiyH. that th.-r. is a •'.•rn.n.y pwrnln.t .lisdu.r.., with tvinpanitin 
 (.IiHt.M.s.on of holly). ,s..„sitrvonoss o.i proHs.n-o, an.l ntorino'tonosn.uH 
 or boannir ,louM paioK." It, wonM bo .li(li,„|, („ (i,„i two .loKorip- 
 
 tions ot th,. sa.no oon,li(ion n.oro oxac^lly aliko. |r.,, t|,„ „,- 
 
 >'"•'•« oas.ly coM.parin,,. tho,,,, wo p.^osont a tabniar slat.„,ont of 
 syiiipton,s : — 
 
 Or. }f(>nrr'>i cnsf -funrlh (fm/. 
 
 Holly ili.stoixlod. 
 
 Tondor 0,1 p,oHHiir<". 
 
 Was siilIiMin^^r pain over ab- 
 dn,iic'ii. 
 
 I'\iimd hioal iliwoiiurgo. 
 
 A'.'utfi Ktnlonii'lritiH ■f„„rlli ,},uj. 
 
 'ry'iipoiiitis. 
 
 SoiisitiveiioHH on picsHiiio 
 
 J'tornio tonoHiiinM or boaiing 
 • lown pHii,.s. 
 
 Dischur^'o visoid, inpidly bo- 
 ooniinir ,.,.,.a,„y, pmi,|,.,it. and 
 porhiijiH bloodv. 
 
 , '"."'■• ^'"'••■"'^ ••"^" ' - •"•"■'■ «">^ K.>1>M.« and H.M,Hltivo to 
 
 t.MH.l, ; ,n aonio ondo t.itis it is tho sa.no. |!ut i„ I,, Monro's 
 
 n.so .ho vagina was n.d... wla.oas in , a.^ly nta^o of ondo.notritin 
 
 II IS .i,T. Ih.s .Idlo.vnoo onn bo ,satisfarto,.ilv aoo ainlvd for by (ho 
 
 oo-ox,stonoo. ,„ ,1,0 fo,„,o,, nf abn.tion. whioh w. .ondor .ho va-nna 
 
 ••M..st. I ho abM.noo of any positivo syn.pto.ns of aonto n.otritis .mtil 
 th.. Innr, , dav, al.hon^d. acnto nndnn,.trit,s oortainly dhl oxist, is a 
 hu-to. tho^ vo,.y^„,.a.ost in,pn,.ta„o,, i„ aidin« ns tnj„d«,.. «l,oth.,r 
 modmnu-al Vinu-no.. ..r .-oniaxion was prodaotivo of d. ath. A ponc- 
 m..n,,wou,nlof ,lo. n.on.s, loading to abn.lion and aonto ...domo- 
 tnl,H, ,Mmt havo si.nnltanoonsly .{vou riso to aouto nn ..itiH. ]Jnt in 
 
22 
 
 A DEFENCE OF 
 
 the case under consideration, we have abortion, acute endometrrtis 
 and no po.t.ve symptoms of acute metritis until the fl dav' 
 Now by rete.-nng again to Dr. Thomas' work, from win" w to' 
 v^ously quoted, page 20G, we read :-.<Tho peculiar blood stl a " 
 ending upon and forming an element of meisles, scarlatina vaHoIa' 
 
 1 o. '^: T'*""" '"'"'' ^" ^«"---'^' endometritis" Let ^ 
 
 I fleet Ti.e peculiar blool state, attending upon and fonninr u 
 
 el, will son»e ,mes result in a general endometritis, from which wl 
 have shown she was suaering. We have seen tbu ■' t is ,,W 
 
 blood state ' exerts an influence on all the mucous lini I of h 
 
 Medicni , vol 1, page m, that the peculiar blood state of sm-ill 
 pox pr^luces '< hemorrhage from some, occasionally from 1 or n"; " 
 a 1, o the mucous surfaces * * ♦ the urine is high color df^ 
 Uood nuxed w.th it. In the female there is invariutly llmorrW 
 from the uterus, an.l abortion in cases of pregnancy." The cl now 
 
 when ..„.., , _„^,^ ,,^ ^ i^j^ sm:r; ::: 
 
 duces heniorrhage from the uterus, and Dr. Moore fonnd blood in tl^e 
 vagma and on the clothing of the woman. Small po.x, while p 1 
 ing iHMnorrhage from the uterus, will, in cases of jLg^ancy it e« 
 abor u>n, an.l Dr. Moore found, notwithstan.ling uslxag/erl^r 
 onptum, an afler binh in the os-uteri. Smalf po.v, by'i; gl eril 
 nflnence upon all the nn.cous surfaces of the body, will .fo " 
 hen.orrh«ge trom the bladder, or bloody urine, and D . Moo "h 
 h.s catheter, drew off 13 ounces of bloody u ine. Sn.all p ^ Lui 
 
 touch, and D,. M«ore has given us a description of this dise.ise in a 
 jy neat, ut unpreme.litated, sort of way. Leaving sma I .t 
 of the ,p,est.on, how are we t, account for that bloody urine It s^h 
 - .>arly penod. before even acute n.etritis had been Iw . Ji ' 
 
 Irf "r'"' ""'"'' "•"•• -•'■ ♦'"' """"^^^^ *« -it-ally ex m no 
 these facts, and pass an opinion upon the uKU-its of the I. D 
 
 Moore beheved at the time, what afterwards in his evide Z ho d " 
 ^ l.> .tdl beli.,ved. that on Wednesday the wonu.n "^^^^^ 
 
 ;?;f:':;::\ \r'7'^'''' *« -^ l'^-'--^. -• «» analogous condition 
 
DR. ERIC BENZEL SPARHAM. 
 
 23 
 
 violence-18 supposed to have induced both the pyaemia and the 
 peritonitis. The natural sequence of events, as they would occur in 
 such a case, would be : First, a wound leading to inflammation i 
 second, the formation of j.us ; third, degeneration of the pro.lucts of 
 inflammaticn, originating septic matter ; fourth, absorption of septic 
 materials, succeeded hy the symptoms and lesions charactpiistic of 
 pyaemia. Now, although Dr. Moore believes the pyaemia to have 
 been caused by the absorption of jmis, he <loes not inform us how it 
 (the pus) could possibly exist on Wednesday morning, when abor- 
 tion only took place the night before. In fact, he does not appear to 
 have even suspected that, at that early period, there was any pus in 
 the womb. It did not occur to him that the woman was peculiarly 
 exposed to an attack of puerpural fever from the contagion of small 
 pox, and that puerpural fever and pyaemia are analogous conditiona. 
 He shudderingly listens to the woman's tale of horror, instinctively 
 associates the blood exuded, with a wound received, and in a loose sort 
 of a way takes in the general symptoms, marks the jaundiced visage 
 of Wednesday morning, and calls it a case of i)vaemia from violence 
 applied to the womb. Of course, to him, in his then state of mind, 
 the conclusion was irresistible. He did not possess the necessary 
 coolness and calm judgement to make a can'ful diagnosis of the case. 
 But upon a proj.er diagnosis of the case hung the lives of two human 
 V'eings. Having once, called it pyaemia, ho sticks to the text. Not- 
 withstanding he elaborately de-scribes to the court the origin of 
 pyaemiu, (hat it was not exactly due to the absorption of pus but to 
 the ichor arising fnmi unhealthy pus; yet he assumes, that as the 
 woman had pyaemia on Wednesday morning, and as tlmre coul.l have 
 been no pyaemia without j.us, theie must have been pus prescmt then. 
 But that is the material point to be established. If pus could not be 
 I)resent, by any possibility, at that early date, and pyaemia from 
 violence couKl only exist aft«>r the formation of i)uh, then the woman 
 could m)t have had pyaemia on Wednesday moining. It will not do 
 to infer, as the Judge evidently did, that because pus was found post 
 mortem, in the cavity of the womb, it must have been present on 
 We.lnesday morning or Tuesday night, to give rise to pyaemia. 
 We have shown in our quotation from Dr Thomas, that pus is found 
 in the cavity of the wotnb in the second stage of acute endometritis. 
 We have likewise shown, that t.h« woman sutfered fmm acuto en- 
 dometritis ; but th« purulent .lischarge of endomj tritis does not t.ik« 
 place for tin-eo or four days. While this accounts for the presence of 
 
24 
 
 A DEFENCE OF 
 
 pu8;,o.^ mortem, it will not account, nor does any other intelligible 
 h,pou,.s account, fo. the presence of pus in theJo.b, at sotrl, a 
 peuod as to gne nse to pyaemia on Wednesday mornin. There 
 
 day. D Moore called jt pyaonua fronx absorption of unhealthy 
 
 pus, Di. Uuuch cayed it puerpural fever from conta^don of 
 
 .null pox. Now, we intend to prove, that there could not ;Z4 
 
 ave boon pus present on Wednesday, and consociuently thele could 
 
 not h V been pyaemia then, so that by the argument of exclusion 
 
 . usible, the oi er is accepted as true. Upon the supposition 
 that the woman die<l of j.yaemia, wo must first have a local suppur- 
 
 tZZ^r "'"'• ''"'''"''^ ^" '^^^ " ^•>^«^«- «^ ^f-l--." vol 1, 
 vldci: ■ 7^^ -"^«^^' i» ^-^--wing the abpve series of cases in 
 
 wh,ch spocal ly pyaemia is apt to occur, several facts conu, into 
 promment rehef. It would seem, that in the first place in such ca . 
 
 s«:,; "^tVt::^^''^' '' -^^ ^'^'^^«' ^--^^'^^ ^^ -- ^-J 
 
 8 ppu.at.on, and that th.s suppuration is erysipelntous, gan-n-enous or 
 
 page 48, n, speaking of the first appearance of suppuration in h.-aftL 
 wounds, remarks:-.- In amputation through ledthy tis f « 
 
 suppuration does not take place for three or Lir dav .'' de o 
 
 es^abbsh Ui. point ft-om independent source, we'now . i: Lm 
 Reynold 8 " System of Medicine," vol. 1 pacve m- '< T,. . "^ 
 
 eases, pyaemia comes on usual,; ..etwe:.! X^l -i^o/Zr::' 
 
 V ou^Iy cjuoted fron, lum, when speaking of the time of seizure in 
 case ansMig frou. contagion of zymotic .liseases. navs :-•' 'H. feve" 
 •eaks out „i twenty.four hours, or in two or three davs, wh. e. s ir^ 
 be her cases (from self-infection) it comes on latJr." T b.. 
 
 OKsonrng on the secon.l day, the origin of the infection givin. .-iso to 
 
 U.U ex,Ht wuhout. and not within, the .von.an. AnotJ.er^ut „ 
 
 t .« connection worthy of comment, is the conduct of ) , Mo" 
 
 o.'.' t:;^ ;,: 7.":r' "^''t """ '° '*^^'« ^^«" -"-•^'^'^^v sensitive 
 
 fo. he detected the peouhar smell of the lochia, and the offensive 
 
 mn. the .vomb on Wednesday. OUbnsive discharijos ,„ust have 
 taken place .f pyaemia existed. But in liia detailed accountof hi! 
 
DR. ERIC BENZEL SPARHAM. 
 
 25 
 
 
 treatment of his patient, no mention is made of vaginal injections. 
 This would have beea a most dLscreditable omission on his pait, had 
 there been unhealthy and offensive discharges from the womb at an 
 early date. And as Dr. Moore in his evidence does not speak of any 
 vaginal discharges until Saturday, whicli we might infer to have been 
 different from the ordinary lochia, we have a right to assume, that 
 none ex^^stt;d until then. On Saturday, Dr. Moore says, " She became 
 spotted." In the absence of any specific description of those spots, 
 we very strongly suspect, that they point to that most dangerous of 
 all forma of small pox, viz., "purpura variolosa"— the spots being 
 cutaneous hemorrhages, by which form of tho disease, Ziemssen suya, 
 page 354 :— " Drunkards, pregnant women, or lying-in-women, suo- 
 cumb most readily among those previously healthy." Before closing 
 our remarks upon Dr. Moore's evidence, we would again refer to the 
 condition of the woman on Saturday, when Dr. xMoore considers 
 " acute peritonitis" set in, but which we diagnose as " acute metritis." 
 We have shown in our tabular statement, that tho symptoms were 
 similar to those of a case of acute endometritis of the fourth day- 
 But, for obvious reasons, we did not then take into account the graver 
 constitutional symptoms, viz., " pinched features," " drawn u]>" 
 " pulse 130 to 140," which enter into Dr. Moore's description of the 
 caso. To differentiate an attack of acute endometritis alone, from an 
 attack of acute endometritis progressively involving the whole paren- 
 chyma or substance of the womb, would be to find, in the lattcsr, a 
 gi-oater amount of tenderness on pressure, a greater enlargement of the 
 womb, with just such additional symptoms as "pinched features, rapid 
 pulse, &c.," which Dr. Moore has portrayed to us, and which he attributes 
 to the suixirvention of acute peritonitis. But why Dr. Moore should, 
 subsequent to the post mortem examination, i)er8i8t in allirming that bin 
 patient suffered at all, from an attack of peritonitis, is a mystery to 
 us. Wo are osi)ecially anxious, that the reader would bear in mind 
 the progressive nature of tin* attack ; how, ujjon Dr. Moore's first 
 examination we have the evidence of hemorrhages from mucous sur- 
 faces, viz., the bladder and vagina, associated with a miscarriage and 
 acute endometriti.i, ami that on the fourth day we have the symptoajs 
 Still of endometritis, together with the more alarming constitutional 
 disturbance, indicating involvment of the parenchynui of the womb. 
 A recollection of the above Hequonc* of events, will maicrialiy issist 
 the reader in comprehending the mysterious workings ot tho disease, 
 by which the woman came to her death. For the present, we pais 
 
26 
 
 A DEFENCE OF 
 
 on to the evidence of Dr. Morden, who, assisted by Dr. Brouse 
 performed the post mortem examination on the body. 
 
 Dr. Mnnlen's Evidence. 
 This deponent, John Howell Morden, upon his oath saith a» 
 follows:-! am a Physician and Surgron. On the 30th of 
 December, 18.4, in conjunction with Dr. Jacob E. Brouse I 
 made a post mortem examination of the body of the Late 
 Soplna vhzabeth Burnhan. Tl,e body, from external appear- 
 ance., see„.ed to have been well nonrished, and free from 
 
 nost 1 s. The hps and teeth covered with dark sordes. The ab.lomen 
 was blue and d.tonded. The hair abot.t the external genitals was 
 matted, and a purulent discharge was oozing f.-om the lips of the 
 vagma I exanuned the brain, and found it healthy. I then opened 
 the body, and no gas escaped from the abdomen. The front portion 
 of the lung, looked healthy, The lower and left portion of L left 
 ung was largely c.nsolid.te.l or h.patlzed. A sn.aller portion of the 
 . lower and back portjon of the right lung was in the same condition. 
 (^ cut mg ihto the lungs, there was an oo.ing of bloody fluid on the 
 cut surface o the consolidated portion, and small, dark spots appeared 
 tliroughout the othor portions of tl,e lungs. The pleura was not 
 adherent, and the cavity of the pleura contained about a pint of 
 bloody fluid. The heart appeared healthy, and about the usual size 
 The cavities of the heart were all empty, except the right auricle, 
 which contained a small clot of dark blood. The covering, or peri^ 
 cardium of the heart di.l not contain more fluid than is usu.l I 
 . hen tied both oririces of the stomach, and removed it. I found the 
 W healthy, the lower part of it was discolored, where in contact 
 with the intestines. The gall-bladder was full, and free from stones 
 The spleen was healthy, though of a dark and congested appearance. 
 The pancreas was also healthy. The diaphragm was pushe.l up The 
 peritoneum was dark in color, and smooth. The intestines were dark 
 in color, and distended with gas. The intestines contained some 
 ingesta. A portion of the small intestines showed evidences of 
 recent inflammation. The ki.lneys were large, and had a congested 
 appearance, particularly the cortical portion. In looking into the 
 pelvis. It appeared unusually dark in color. The bladder was flattnnpd 
 ou itaoif. The womb was larger than usual, and on the base, or fundus, 
 of the womb there was an ulcer of about half an inch in diameter. I 
 
Dll. ERIC BENZEL St'AUHAM. 
 
 27 
 
 then removed tlie contents of the i)olvis, and opened tlie bladder and 
 foun<l a few small clots of blood in the bladder, and tlio li'nin- 
 membrane of tl» bladder presented a number of ecchynio.sed sj)otb" 
 The va-ina was dark and moist. Tlio os of the womb was an 
 irregular transverse opening. The body of the womb was thicker 
 than usual, and the cut surface presented some yellow points. The 
 womb contained about two drachms of i)us, and the inner surface was 
 not smooth. There was a small opening from the cavity of the 
 womb to the ulcer on the outside of the fundus, pa.ssing throu-di the 
 wall of the womb. I aftai-wards examined the stomach and it'l con- 
 ttnts. The stomach itself was dark in coloi-, bub otherwise appeared 
 healthy. The stomach only contained a snuill j)ortion of fluid of a 
 peculiar character. The opening through the wall of the womb was 
 not a natural one, but an artificial one. The opening in the womb 
 was caused by something being introduced through the vagina into 
 the won.!.. The substanc. which made this ope^iing must live been 
 hard. There must have been force used to impel any .substance 
 . through the walls of the womb. iMy oj.inion is, that decea.sod ,li..,l 
 of pyaenna or blood poisoning. The exciting cause of this pyaemia 
 111 my opniion, was the condition of the womb as described. The 
 womb, under certai.i circums.tunces, will generate pus, but a natural 
 healthy womb will not. Made no objections to other .loctors bein-) 
 present at the post mortem. I^Al luiig more consolidat..d than the 
 right. The consolidation was not continuous. Where the ulcer wag 
 on the fundus, looked like a white spot with a small opening throu-h 
 the centre. Thecam.1 hauling through was lined by a white material. ' 
 iSo fluid around ulcer of the outer part of the womb. The. apeiture 
 must have been made by a small instrument, used witli considerable 
 force. 'J he inner surface of th(^ womb was uneven. No natural 
 cau.se could have proiluce.l t!,e opening. Am aware that a wond. h,is 
 been removed and the patient lived. A woun.l through th<. walls of 
 the womb, us stated, wouhl not necessarily cause .leath. There Ava8 
 no trace of blood on the outside of the womb. Would not sav 
 positively that death was caused by the wound of the womb. Could 
 not say positivcdy that the i.yaemia M-as caus.hl bv tjie wnun,l. Made 
 up my mind that abortion had been produced by the introduction of 
 an ii.strument. The womb had been in a high state of inflammation 
 previouM to <U-ath. The wound indicated aii nvnm of the healing 
 process. The oiaming was the size of a small straw. 1 thought the 
 womb might have been impregnated. Ergot would b<> p.-oper, if 
 
28 
 
 A DEFENCE OF 
 
 there was much hemorrhage. I did not discover anything else to 
 cause death, except the wound as if produced by an instrument. 
 
 |J 
 
 We have now given the evidence of the two most important 
 witnesses for the prosecution, both of whom concur in the opinion, 
 that the woman died from blood poisoning due to pyaemia. As we 
 have carefully examined the evidence of Dr. Moore, the attendant 
 physician, we shall proceed now to review that of Dr. Morden, the 
 post mortem examiner-in-chief. A careful scrutiny of the post 
 ttJortem appearances, as detailed by that gentleman, must convince 
 any medical man, that the, woman Burnham died of blood poisoning. 
 Two theories have been advanced as to the nature of this blood" 
 poison. The one, that it was generated within the body of the 
 woman, and by absorption, gave rise to what is known as surgical 
 fever or pyaemia. The necessary factors, which constitute this 
 disease, are a wound that has passed into the suppurative stage ; pus, 
 which has become unhealthy from some tinknown cause ; absorption 
 of septic materials originating from such unhealthy pus, and conse- 
 quently the existence of the disease called pyaemia. Tlie other 
 theory is, that the woman Burnham, while in the pregnant condition, 
 became exposed to a specific poison called small pox, which, being 
 absorbed into the system, produced abortion. The generative organs 
 then became a nidus, or hot bed, for the further development and 
 extension of this specific poison, which gave rise to a disease known 
 as puerpural fever. In this connection then, pyaemia may be 
 considered as arising from self-infection through sources exclusively 
 originating and existing within the body, while puerpural fever is 
 produced from contagion from without. The one is autogonetic, the 
 other is heterogenotic. The one necessarily pre-su[)pnses an injury 
 or wound to exist, with an unhealthy suppurating surface, the cause 
 of which unhealthy suppuration may be unknown. The other does 
 not require an injury or wound to have been received, or any suppur- 
 ation at all, but it requires the pregnant or puerpural condition, and 
 exposure to some specific poison, as scarlet fever, erysipelas, typhus, 
 of small pox. We are aware that same of our most eminent mo lical men 
 affirm that puerpural fever may arise from decomposing coagula?, or a 
 putrid placenta, but with such cases we have now nothing to do. 
 Our duty is simply to distinguish between a nnre case of aur^ica! 
 fever or pyaemia from a wound, and a pure case of puerpural fever 
 from contagion. It is well known to scientific men that puerpural 
 
DR. ERIC BENZEL SPARHAM. 
 
 29 
 
 fever and pyaemia are analogous conditions. Schroeder in his article 
 on puerpnral fever, page 331, says :— " Puerpural fever is quite the 
 .same state which is frequently observed in surgical wards, and 
 designated as erysipelas, pyaemia, ichorrhoamia, and septicismia." 
 Prof. J. Y, Simpson in his essay on surgical fever, or pyaemia, page 
 155, remarks :— "Surgical and puerpnral fever are identical in nature 
 and intercommunicable." Althou'^h a specific difference does not 
 actually exist, yet their modes of inception are differ.mt, there is a 
 certain recognizable difference in their initiatory symptoms and period 
 of attack, which for diagnostic purposes are sufficiently characteristic. 
 The question remains for us to decide, and an important question it is, 
 whether a given case of pyaemia, or puerpnral fever, originated from 
 self-infection in consequence of a wound being received, by which a 
 life was lost ; or whether it arose from contagion from exposure to a 
 specific poison, as small pox. Science ought to be competent to decide 
 this question, and wo have no doubt she will do so, in the present 
 case, in a most satisfactory manner. In a woman presumably he ilthy 
 as Miss Burnham evidently was, for Dr. Moore testified to it, and 
 Dr. Morden declared the body to be " well nourished," pyaoraia from 
 injury to the generative organs, in the absence of any epidemic, as 
 small pox, is extraordinarily rare. To establish this point we must 
 again quote from Karl Schroeder, the greatest living authority on 
 gynaecological subjects. In his article on puerpnral fever, page 352, 
 he says :— " It cannot be denied, that at times, when lying-in insti- 
 tutions are free from epidemic diseases, even very considerable 
 injuries, as well as the retention of the membranes nnd of thn 
 placenta, are not attended by unfavorable roswlts. In the absence of 
 an epidemic, there is harUi/ a pronounced case of ichorrhoemia or 
 septicaemia, which we could easily attribute to self-infection." 
 Dr. Barnes, while holding to the opinion that puerpnral fever is 
 sometimes autogenetic. yet affirms a view, which, as far as the present 
 case is concerned, concurs with the Gorman writer. Dr. Barnes 
 says :— " I will now only sura up my conclusions in raferencn to the 
 questions submitted by Mr. Spencer WcMs. Did you over see a caso 
 of puerpnral fever which is not really a case of scarlatina, or rubeola, 
 or erysipelas, or traumatic fever, caused by the bruizing or tearing of 
 parts? I do not think there is any fever caused by bruizing tliP 
 parts. If there bo a littlo scratch, no matter how small, and thn 
 poison is conveyed in that way, that is a different oaso. That is tho 
 way wounds act so bndly, no doubt." Tho above quotation'! nponk 
 
30 
 
 A DEFENCE OP 
 
 for themselves, and demand very little comment. If the opinion of 
 the... gentlemen be worth any thin,., and wo think it i« sniuvme on 
 tins question, th« very great probabilitios aro in favor of L view 
 tha the woman oamo to her death fron. .ontagion. Our position is,' 
 that It IS .pnte possible to decide, svhother a given ease of pvaemia oi- 
 puerpnral lever was caused by au injury alone, in the absea'ce of coa- 
 t:^gu,n; or whether it was due to c>nta,non :u -ne, in the absance of 
 an injury; or whether the injury anl contagion were associated 
 Fuerpura tever caused by a contagions disease, as small pax, will be 
 recognized by certain pathognomonic syuipto.ns and elieots, peculiar 
 to the acute specific disease, pro.luciug it. This position is fortified 
 by an authority.no less thau Dr. Leislnnan, who in Lis article on 
 puerpnral fever, page G69, thus writes :_" We may here advert 
 however in a single word, to tho.se cases in which the symptou.s ,>f ' 
 some other specific disease precede or accompany puerpnr.Jl fever 
 The most iniportant of these are scarlet fever and sa.all pox • and 
 when a patient in the puerpnral state is uufortnnate enough to become 
 the subject ot one of these disorders, the usual course observcl is, that 
 the characteristic symptoms-eruptive and otherwise-of either 
 disease assume a n.ore malignant type, and are gener.liv merged in 
 
 lal state. Now, we have previously shown in a quotation from 
 Ziemssen, that frequently the most malignant and fatal form of sn>all 
 pox purpura variolosa," is combined with the benignant form called 
 febns vario osa sine exanthemata," and marked by no eruption, but 
 attended with great fatality; so that the fact of no characte.'istic 
 pustular eruption having been observed, would not militate against 
 the assumption, that the woman had small po. of the most malignant 
 type, and hence, ,n accordance with Dr. Leishman's idea as expressed 
 above, provided always certain other symptoms and effects sulKciently 
 diagnostic of the disease were noticed, to leave the question without 
 a reasonable doubt. From the evidence of the medical men, who saw 
 the woman during her last illness, and of those who made the post 
 mortem examination, it is quite evident, that the idea never occurred 
 to them, hat small pox could possibly produce those symptou>s and 
 ksions, which, grouped together, they unite in asserting to be pyaemi. 
 ±lence, how . asdy might ,uch men overlook the eruption of " petechial 
 smallpox, dxstmgnished by " numerous little dark spots resemW g 
 flea bites, es.3ocial!y .bout the arm pits and groins ;" or tlunk, if il 
 were noticed at all, that the "greenish yellow hue" of the skhi in 
 
on. ERIC BENZEL SI'ARHAM. 
 
 31 
 
 g 
 
 it 
 
 thcKO aituiifions was duo to post mortrm olinngos? And it is only 
 inaclvorlantly, as it wcro, that Ur. IMooio informs us tliat on S.tinday 
 "sli.^ became spotted," wind,, taken in connection with the other 
 symptoms, point cleatly to the purpuric variety of tlio disease. }5ut, 
 to fortify onr iiosition still further, that small pox in the pueri:ural 
 female will f^ive rise to jauirpural fever, we a-ain quote from Dr. 
 Leishman, pa-e 050 :—« A series of facts of surpassing interest seem 
 to show that the puevpm-al poison may be developed from other 
 poisons of a similar kind, which has led some to conclude, that the 
 cause is less sp-ciHc m its nature than a septic influence operating 
 upon the peculiar con.litions of the pucrpural f^tate. Oi.e or two 
 exami)les illustrative of this proposition m. v be adduced. A patient 
 * was admitted by some oversin;ht into the wards of the Dublin Lying- 
 in TTospital, while lalmring under typhus fever; but the error having 
 been <liscovei(Ml, she* was removed in a few hours. In the beds on 
 the liirht hand and on the left of this wonum, were two lying-in 
 women ; both were attacked with puerimral fev^r, and both died. 
 Nothing, perhaps, is moi-e clearly recognized in regard to 
 the etiology of (he disease than the great danger which a woman 
 incurs, wlio, during the puerpural period, is exposed to the contagion 
 of scarlet fever. Although, during the continnanc(, of preirnancy, 
 nature seems to throw a nutntle of protection around a woman in so 
 far as imlimrry contagious influences are concerned, she is no sooner 
 delivered than she becomes remarkal)]y susceptible; and when 
 attacked, whether the disease be typhus, scarlet fever, or even 
 measles, tho symptoms often assume the fearful characteristics of 
 puerpural fever. Small pox, contracted under similar circnn)stances, 
 IS well known to be almost invariably fatal." This o[)inion of 
 Dr. L(>ishman that pregnant women ai'o protected from ordmanj con- 
 tagions influences does not conflict with the statement alreaciy ad- 
 vanced and supported by quotations from the writings of other 
 eminent men, that women frequently abort from the effects of acute 
 8i)ecific diseases, and that they are specially predisposed to the 
 hemorrhagic form of small pox. Neither will it afiect the particular 
 case under consideration, as the woman Burnham was exposed to the 
 infection of small pox in no ordinary manner. Residing in the same 
 house with a small pox patient, she was constantly breathing the 
 tainted, atmosphere, or, a. Dr. Barnes puts it :-" Many women will 
 succumb at once, or rapidly, to a single dose, no natter how small it 
 may be, but others can resist to a certain extent ; their excretory 
 
32 
 
 A nEFENCR or 
 
 orKiu.H may ho in goinl wo.kiug onlor, an.< tl.oy nmy throw oiT u 
 nu..l.-m(<. ,loHo, or two nuHln-Kto .Iohoh ; tl.oy mm.ot go on mirvivintf 
 ropoatcl doMOH." Again, nnmll pox Ir not an ordinary oouUinUmn 
 diHoaHo. for all oI.i«h.>8 of poplo, an.i ovt>ry aj<n, arc pocnliaily Ni.N,M<pt. 
 Jblo to It. Doubtlo88 Dr. l^«iHlnnun in conlra,stin« tlio HUMwptlhiliti.Hof 
 proynant with thoso of pnorpnral won.o.i. i'rognant womon roHint tho 
 ordinary oontafiioua inflniMioos, hnt pun<p„,.„l xvonion aro peculiarly 
 mmcoptil.io to ovcry ooiitagiouH influonoo. That tluH in his meaning 
 is certain, when wo find hin. jtntinu;, ,.ago (108 :--"t!a«..H (ot puorpural 
 fevor) havo Wn rooonlod in which it has con.o on l.oforo .h-livory." 
 To ron.ior tho position asMunicl l>y the .lefonce bh iniprcgnal)!o .» 
 poBHiblo, wo would ivforthoroadortoadiscusHion, which rocontiy took 
 placo Ht tho OhHtotrioal Society in Knglan.l, on thonaturoof pucrpural 
 fovcr, ui which tho principal loading niodical mcMi of tho country woi«* 
 engHj{cd. Tho diHcussi^ai was puhliHhcd in tho London Ltmcet 
 and th(njco copiod into tho <'ava,fa LancH of Juno. 1875. Aftor 
 Mr. Sponoor Alilln had d,.ci,lod to chws ptiorpu.al \ov,n- with pyaon.iH 
 and Nopticaon.ia, tho r,>port Hays :_•' In ho far an tho diHcuHsion h.ia 
 taken j.Iaco, tliOHo wlio have taken part in it Juivo aljured, ratluM' (luin 
 niaintrtined, tho view, once fp norHlly hold, that puerpural fovor is 
 pi-oduced by a specific morbid poison." Tin. .)hj,H>tion raiscMl against 
 the ct)utftgiouH theory, that many imerpuial women havo boon oxposod 
 to the poison of scarlet fever, measles, ifec, without contracting 
 pnerpmal fovei-, was met, says tho editor of tho Lon.lon Lamct, 
 •ffootively by Dr. Newman, who " pointed out tliat there are certain 
 conditions which favor infection with tho poison in puerpural. just an 
 the!t« are conditions which predisposo to infectious or maiariouB 
 diseases in tho non-puerpural state ; and tho causes of this predis- 
 iwsition in tho puerpural state indicalwl by Dr. Newnuni are the very 
 ■amo conditions which act in a similar manner in the non-pu(«rpural, 
 Tiz., oxiHwure to sewer gas in badly drained houses, and d<«prossing 
 emotious. One other predisi)osing condition ho named which is 
 peculiar to the lying-in woman— the activity of the vital prooessos 
 ill the pregnant and puerpural state." Hefore procooiiing with our 
 extract from the Lamvt, we would i-evevt to the evidence of one of 
 the mediciU witnesses for tho defence at tho trial, who (h-olarod 
 the seduction of the woman, by its dojirossing mental effects, to b« 
 the predisiKwing cause of tho disoiuse of which she died. This idea is 
 carried out by Dr. Ixsishman iu his i-ecent work on Midwifery, page 
 «58:— "It has been i-epeatedly noticed that depressing mental 
 
DR. VMW BENKSIi SI'AnHAM. 
 
 33 
 
 etno'.intiH Gxercino n Tory markod nfTrcfc in tlu- maiiifpHtutioii of punipu- 
 ral f'ovor, bo tliut worntui who liav«i Itm n HmlucMd arn morn prone to 
 tlio (liKOMHo tliiiii (itliors. H(!Vflral of tliB worst (msPH I 1ihv<i hhti, 
 olwivna Or. Ohuroliill, wrrcf inniiily (ittiibutod to lliifi ohiiho " It 
 will Ik tliUHHoiM) that, tho woimiii iSunilMiii wiiH osp'-oinlly proiliHpoHod 
 to pnoipural fpvor fiom oontuj^ii)!!, in ooiimvpioricfj of hor HodiKition 
 giving rinu to doprcHHinjjnifMitnl omotioiiH, and lior const luitly inhaling 
 a Riniill jiox inlVntdd alMKHplioro. 'I'lu-Htj fix^lM aio of ptMioliar iinixnt- 
 amio in (ionHidnrin;^ thn Ht,i'on<^ |irolml»ility of h<>r lioDoniinj^ infcictod, 
 boouuHo two powcrliilly prodiHpoHingcansca wpro unilod to nMidor lior 
 roHidcnoo, in that nniall pox hoiiHo, onn of extreiiio hazard. Hot to 
 proceed with our (pioliition from tlio Lancet; — "Tho w«!ll worked out 
 BtatiHticf) of Dr. Uraxton IlickH lieiir Htrongly nn thn etiology of thr, 
 adodtion, for in Hpite of tlie dillicnlty of tracing conttigion in nik'Ii a 
 populouM city an London, and eH|iee,iully amongst tliB poor, yet lit 
 pointed <Mit tliat eighty-nino or ninety per <uMit. of casoH of puerpnral 
 fovBr could he tra(!ed to contatflim from aprvlju', fovrrs, or to decotn- 
 poaing materials in thn iitnruH, thus leuving only H) or 1 1 percent. 
 in which the oansn was dillicult to tiaoe." Now, Dr. Weir, an will 
 bo Boon, tfBtitied jumitively, that acnto Hpooilic diseases would oidy 
 originate their kind, and not puorpnral fever. That small pox could 
 only i)roduoe Hmail pox, and nothing else ; scarlot fovor only scarlot 
 fover. Of comH(\ if Hiniill |iox could not originate piierpural fever, t,he 
 whole diseaHod condition o!" tii(^ wouil* would bo unaiicoiinted fur, 
 oxc.pt upon tlm snjifiosition that an injury had been received, leading 
 to indamination, absorption of pus, and death by pyaemia. How 
 uiislakeu Di*. Weir was, the aliove extracts show. Ifis evidence was 
 fatal to the priscwera, but it was incorrect and unsci(;ntiflc. The 
 Judge laid great sire.ssnpon Dr'. Weir's evid'Muic, and charged the jurj 
 ill aocordanoo thorowith. Of course the evidence lookoil plausible 
 enough to an miprofessioua, medical nnin, that like begets liko, and 
 therefore tin* Judgi!, who could not b(> pxpect(!d to know bctt(U-, felt 
 justified in turning a deaf ear to t(!stim(>ny, that asserted that small 
 pox would produce Hoinothiug else bcsidtis small pox. Truly, a* 
 l)r. llarnes romarkod :— " Wo aro governed by the ignorat)co of th» 
 law and the ignorance! of the .1 udges." The nub of the whole questioB 
 resolves itself into this:— Will exposure to small pox produce abortion 
 in the pregnant woman, followed by a disease which, (luting life and 
 alter death, might be easily mistaken for pynemia'J If that (piestion 
 bo answered in the afliruiativo, and surely it will not now be aiiswerod 
 
H 
 
 A I»KF"Km'IO OF" 
 
 I 
 
 I,; 
 
 i.i tI,o nogative, onr <,H\,rfcs U, ...slnl.lisl, tl,„ cnm,.Iot« innoomuK. of tl.o 
 pnaonor S,.arl.am of tl.n ori,„o „f „n,r,l,M- will ha oasy oi.ou«i, Wo 
 Nlmll LOW ,,uo(o fro,,, M,„ .|,„l.„', „|.a,-..o in ,-ol„(,io„ to tl.., l.iw ni« 
 ivn.iirks at tl.is ,mrti.M,iaf sta,.^.. of tl.o ii,v,.sl,ij^Mti.m will ho fo„n.l 
 mtemstin,!,. an.l su-nstivo, Ho s,.i,| :-" D.-atl,. thuo^^l. fro,., nynnoi:, 
 miKht ho fn,n. .su.all pox. Tl.o law sus, if a vvo..„,l h. i,.llict,.l. an.l 
 doath nvsnits, no ,n,.ttn,. .ihont, M.o t.-.mtM.,nU,. Hnt if. lM.Hi,h.H tho 
 wo.n„i, th.Mv is a,notl„M- nu.so. ,as iVon, ,,„. gono.-atod, wl.id. n.i^ht 
 b.. ).•..,., sn, ,11 pox. If that i.s mo, ao.l .l-atl, wan .vally ..h„s,-.1 hy 
 Hinall |.ox, thon wo cooM not ,s.y that, tl.o w.a.nd was'J,,, oaus,- of 
 •loath, as tho (lisoaso .ni^rl.t o,T,.r ..at.u'ally. Tl.orof,,,.,,, | was anxious 
 to «,vo «,-oat ti.no. an.l would not, linisl, tho caso last .,.>!.<, Now 
 tho ovul«n.v of tho d.„.to,-.s Co,- tho n.nvn s„ys tho,-,, was .,o sn.ail 
 pox. Mat, oo.ild small |.<,x pioihio.i snol, olloots ? !>,• Woi,- says i( 
 eould not. I)... (Jnuit sayn it oouhl. I),-. Ch,,,.,!, savs it could. ' H,.' 
 Hays bo h.is it f,-o,n high aotho.-ity, .ind Worn 1,ooI<h whioh say that it 
 coold. I),-. U,ant, who has had a lon,« oxporionoo. says l.n han novor 
 kumvnaoasowl,o.os,nall pox pn, l.,ood tho nlfoot, f.-ou, which it is 
 «a,d tl.o docoasod ,liod, yot ho holiovod s.nall pox was oo,...n..„ioato,I 
 to hor by ho,- n,odio,il .Kton.hmt. Tl.o wbulo of I),.. , J,a.,fs .>vidonc« 
 «l>d n..t t<,..ch tho cause. Koga.d„.„ t,-oa.,nont, lu, «poko of .idv.tncod 
 praot.oo; that o(J.«,- thin«.s ou,d,t to havo 1h,,m, douo, acco,-di,i« to 
 cause ot <ioath. Il„ u.ay ho ri:,d,t .,.• w.on.r, hut it has n„ hoa.ini, 
 "pou tho caso. If tl.o inju.y had hoo,\ .|o,.o. „o .nattor what .ho 
 tro.itmo,it is. whothor skillful or not. tl.o .....It is t'.o n.ain tl.i..g. 
 Dr. (hu,vl.s midonoo is tho only ono which positivoly savH the 
 «b.coas..d ,l,od f,.on. ..onta.iou of s.nall pox. My own i.n'pro.ssion is, 
 that th.T.. ,s K,-oat .lilhoulty to ..ndo,s(,and thoi.- ovido.,00. Tl.oy are 
 called o., to cntici.0 in ovi.lonco upon otl.o.s oyido...-,.. so that tl.oy 
 Hpoak trom ovidonco Kivon. „n,l not f.-on, „„«i„g the uwn. ||ayi..K 
 hm.d the ov.d.uico, tl.oy givo thoi.- opinio,, as to what thoy hoai- The 
 most ,n,po.-tant olloct thry loft out, whothor tho injury waH duno hy 
 an ,nHtru,no,it. Tl.oy did not ol.an,-o that. Tl.o witnossos for tho 
 crown HtHt., fmn, what thoy saw. Hut I cannot ....do.st.u.d what 
 Dr Church s viowH were. Wo .H.gl.t t<. ho careful how wo .-oooive 
 ov.donco of that natun,, for it was a criticism, and not ,« a result of 
 Ins knowlo<lKe. Dr. C'h.nvh IumI not hoa.d any conclusivo n.-vlicil 
 pnM>t that theio w.v.s a chihl. |),-. Moon, says tho.-o w,..s a .-hiM hut 
 having m>uh a Hoarch.di.I not tlnd it; yet he thinks tl....o must havo 
 l.e«n ono from tl.o sfito of tho cvso. Thon, ,vrc two imporUnt |H,intH 
 
DH. KltlC! ItKNZKT, HI'AIMIAM. 
 
 to bo notiml. |mH in Mi.^ woinh, iuu\ pyaiMnia. Alxnit Uid piiH in the 
 \v(»ml», Clmi'dh HayH t.linro in no evidomM) |.i hIiow wlicn it cjmik^ (lioro. 
 < H" foiM'.sc ni)fc ; l.ut hh tlm disonluc aiosc^ from that,, it n»!(Ml not l»o 
 fixed when it oaino. I{cuardinj,r tlm wound, ho.say.s !,o in not HatiHlitid 
 it waH [trodnrod hy an inHtrunioiit. All tin- witm^HHcs for t,hi- crown 
 Htat(> that death resuUf^d from pyaemia. !)/•. Clnircli Miys, not so! 
 lint it came from small pox. A reason tiivrn hy him for thoro I.einK 
 no pyuemia was, that thero wi^r.^ noehillsaml piMSpirations, whieh ho 
 mvys, almost invarialily, if not always, attend that disi'iise. As t,() 'Jio 
 hole in the womli, Ik^ helievo 1 it mi!j;lit ('(.me from an aUsfftss ; tlnit 
 al)siMws((s Honietimes prodnco porforation of the w.mdi. His opinion 
 is that death was not from the wonnd, hot from <'onta(;ion, and that 
 «real,,oare was rnrpnsit.e to prevent it,. IJnt all ear.i had \mon taken 
 liy Dr. Moore." 
 
 It is plain, the .hid^^e did not iindfirHtand tlio views of the 
 witnesces for the (hifon.M-, for in m(>etin;,' tlio ohjfM^tion raisMl hy 
 Dr. <!'uM'('h, "that tlienj was no evidence on Wednesday inornin;,', 
 wIkmi symptoms of Idood p.iisonin;,' wen- tir.Ht noticed, that tliero wan 
 any pun in tlm woml), as a startiiifr point for pyaemia," he says, " of 
 conrsn th"re is no evidence to show when it (pns) (Nime there, but UH 
 tlie disorder anme from that, it need not ho fixed wlatn it camcf." lint 
 tliat was the very point at Lsswe, atid almolutely necessiiry to \m 
 proven, 'i'hi.s wan a most vital point, hecau.fo it involved the poH- 
 Bihilify of tlin o.xiHteiiee of pyaemia at that oarly date.' The witnessoa 
 
 ft>r the defence testified that the disordei old not possiMy arise 
 
 from that, althoin^h the .Indire lakes it for granted that the disonler 
 dlfl arise froni that, it has been shown, tfnit pus from a wonnd 
 throui(h healthy tiHsiies could not he formed in less time than thr<,>()r 
 four days ; that then it must heconie uidiea'thy, after which ah.sor|). 
 tion must take place of the septic niaf,«uials, hofore certain constitu- 
 tional sympt,oms siifnilicaiit of hlood poisonin;,' could lie manifested. 
 It was ihudanMl hy |)r. Moore, that the constituthunil symptiauH 
 oharacteriHtie of blood poisoning were nolicied by him on tint morning 
 afttu- the abortion, or about forty hourg after the inlJic^tioii of the 
 8U|)|>oscd w(uiml. That, wliich coidd only take place in tliieo or four 
 days, coidd not possibly take place in h-is tlniii two days. And thiit, 
 which did itppear in lesH than two days, could not p<msibly bo 
 that, wliioh niakes Ita iipptiaranoe only after thr<!e cu- lour (hiyw. If 
 puH ordy foriuH iit three or four days fnmia priuuirily healthy wouuii, 
 and pus l)e n mKiesHary factor in the oriKin of pyaemia, then th« 
 
36 
 
 ▲ DEFENCE OF 
 
 ayraptoms of blood poisoning, which were manifested in less than two 
 days, could not have originated from that (pus) which had no existence; 
 hence, the symptoms of blood poisoning noticed on Wednesday morn- 
 ing were not due to the absorption of pus from a wound. If not due 
 to that, then to what might it be attributed ■? The witnesses for the 
 defence said, as we now say, that it arose from the contagion of small 
 pox. We are aware, that in am [Citation of the thigh, for instance, for 
 disease of the knee joint, the patient, if placed in unfavorable condi- 
 tions as to epidemic influence, may have an abundant discharge of 
 unhealthf pus in less than two days, leading to pyaemia, but in such 
 •ases there is actual disease of the affected member, and such chances 
 had, previous to thd operation, taken place in the limb, that led to 
 the rapid formation of unhealthy pus. But the woman was healthy, 
 *nd the womb was healthily performing its vital functions, so that 
 the only grounds the objector can possibly have now are that the 
 wound received on Monday afternoon, by absorbing the small j)ox 
 poison, resulted in her death. If this be admitted, then our labor, so 
 far, will not have been in vain, for death actually resulted from the 
 contagion of small pox. But was there a wound for the absorption 
 of small pox poison ? Such was not proven, it was only assumed by the 
 post mortem examiners. Did these gentlemen ever see a perforation 
 of the womb from natural causes 1 and how would they distinguish 
 between such an opening and ono produced artificially while the 
 womb was sound, and observing it only after the womb had become 
 •oftened and gangrenous ? They saw the opcsning through the womb 
 eight days after its supposed arti6oial production, and without assign- 
 ing a reason, they say dogmatically, "the opening through the wall of 
 the womb was not a natural one, but an artificial oho." Whyl give 
 ns a reason, gentlemen, for your opinion. Wo intend to give a reason 
 why there was no wound inflicted, and that the opening must have 
 been a natural one. Dr. Morden noticed a "purulent discharge 
 oozing from the lips of the vagina." Whence did that discharge 
 come? Can any one believe it came from a penetrating wound of 
 the womb, " the size of a Hmall straw." Besides it must not bo for^ 
 gotton that the opening through the womb, and the ulcer on the 
 fundus, through which it passed, were lined by a white material, and 
 could not have been recently discharging pus; novortholesa, a punilent 
 
 dlScliarcrn MTIUI nnvinrr fmnt *-l»«, i..>r>;>... I ..U_..i. i J 1 fl 
 
 „ _ ., ._ — .^ _.... -.j-j;;.^ Ltru iir-iicura:? oi piia 
 
 were found in the cavity of tho womb, while tho "inner surface of the 
 womb waa uneven." All thU would indicate, that there had beta 
 
DB. ERIC ^NZEL 8PABHAM. 
 
 37 
 
 inflammation, softening, and partial destruction of the endometrium 
 or lining membrane of the womb. And as it is the province of 
 mucous membranes to generate pus when inflamed, the oozing of a 
 purulent discharge from the vagina is accounted for, as well aa the 
 presence of pus in the cavity of the womb after death. It is simplj 
 »bsurd to suppose that all the pus and oozing observed by Dr. Morden 
 came from a small opening lined by a white material. "The body of 
 the womb was thicker than usual, and the cut surface presented some 
 yellow spots." This would indicate an advanced stage of metritis or 
 inflammation of the body of the womb. Dr. Gross in his " System 
 of Surgery," vol. 2, page 842, says :— "Inflammation of the body and 
 aerous covering of the uterus is most common in females during ths 
 first eight or ten days after parturition. It sometimes betrays an 
 epidemic tendency, and rapidly pas.ses into suppuration, softoning, or 
 •ven gangrene. The pus that is poured out in such cases may be 
 situated in the parenchymatous structure, in the uterine cavity, the 
 aub.serous c(-Ilular substance, between the folds of the broad ligaments, 
 or finally in the venous and absorbent trunks, or simultaneously in ail 
 these parts. In most of these localities in occurs in the form of yellow- 
 ish looking globules ; but cases are observed in which it is collected 
 into distinct absce«8es, which are, however, never very largo, and 
 which manifest a di3[)()3ition, sooner or later, to burst into the vagiuA 
 rectum, }»elvis, or urinary blauder. The pus in generally blended with 
 a good deal of lymph, and is sometimes highly oflensive," Wo may 
 mention here, that Dr. Hrou.se declared the pus in the womb to have 
 been very oflensive, and that ho and Dr. Morden declared the womb 
 to have been in a state of gangrene. In th(^ arwvo quotation from 
 Dr. Gross we learn that inflammation of the womb sometimea oomwi 
 on o,udomically, or from contagion, that it then rapidly passee 
 into suppuration, .softening and gangrene; that the pus m«y l>e 
 situated in the parenchymatous Htructuro or liodv of the womli ; that 
 it appeal's in the form of small yellowish looking globules (correiipond- 
 ing to Dr. Morden's " cut surface presenting sojno yellowish points") ; 
 that the pus sometimes collects into distinct abscesses, never laigo, 
 and that these abHoo.s.s(w may burst into the |H)lvis. The reader who 
 has patiently read the previous portions of this pamphlet will 
 r«collect, that in our review ot Dr. Moore's evidence, we showed that 
 the wuman iiurnham only iiad acute endometritis at his tirst examin- 
 ation, while acute metritis combined with acute endometritis did not 
 occur until the fourth day. We inferred from tliis, that the camp 
 
J8 
 
 A DHPENCK OP 
 
 «a8 progressive in its operation, und must have taken effect first, on the 
 cndonietriinn, au.l tl.en ,i,na.lually inv,Klo,l ti.e l.o.lv of tl.o won.b; 
 whereas, if tI.e cause iiml been a penetratiui. wound of tlie womb,' 
 acute m.^trilis would l.ave set in simultaneouslv, and gou. hand in 
 hand wwli acute endometritis. Wc likewise shewed from Dr. TJiomas 
 that the peculiar blood stat-s attending upon au<l forming an element 
 of small pox, will sometimes result, in general oiulometritis. To 
 complete our argument, and render our position impregnable, we 
 quote again (Voin Karl Scli.oeder in his "Essay on Pucrpural Fever," 
 page :VM :— " If the endonu-tritis is more intense there are usually 
 also changes in the uterine parenchyma which constitute metritis. 
 They consist of an a>dematous eomlition, and cloudy swellia? of the. 
 whole organ. The uterus is then badly contracted, find is' so soft 
 that the pre.ssure of the intestinal coils resting on it leave their 
 impre.ssi<m. " * # If the ichorous endometritis extends deeper, a 
 portion of the uterus also mottifies (putresceutia ut.u-i), and this may 
 lead to p.-rforation ir^to the abdominal cavity." But it may b.^ asked 
 why .shoul.l the opening be in the fundus of the womb. Dr. Copeland 
 inj.is "Article on Puerpural Fever.s, vol. 4, pa-.^ f)?;, says :— 
 " Changes in the uterus were most ivmarkablo in the part where tho: 
 placmtrt was attached, whether those were seatcwl in the sub,stance of 
 the organ or in the veins and sinu-ses." Dr. Churchill in his "Article 
 on Puerpural Metritis," pngo 0.36, remarks :-" This softening (jener-. 
 ally commences at the inner meu.bran.- ami penetrates more or less 
 through the ute.'us, Accor.ling to Dr. Ferguson's experience, tlio 
 point of insertion of the placenta is the most ordinary .seat of all 
 uterine lesion, whether of abscess, softening or plebitis." Hoivin and 
 Duges, as .p.ote.l by Dr. Churchill, says :-" Pus is son.etimos found 
 in th.> s.ibstancf. nearer to the exterior than the interior ; thus pus 
 collects into distinct ab,sc.,sses from one to five inches in diameter " 
 This last fact acoouutH for the ulcer on the fundus, which wa.s half ,n 
 inch in diameter, tho diminished size of which being in correspondenco 
 with the early perio.I „f pregnancy. Let the rea<l,.r turn now to 
 Dr. Pa,gef8 "Surgical Pathology," page 2!);}, an<l r.md:-"ThuH also, 
 8oinetim<>H a.s an ab«ce.sH approaclies tho surface the thinne.l skin dies 
 and, not like an ii.Humed part, hut as one deprived of nutriment it 
 Hhnvels and is ,lrie<l. Such sloughing is more common in perforating 
 
 lllci'i'M of the stomach nm' iiif..i:fitw>c ;.. i\.„ „.., f . . , , 
 
 , . • ••' '■'" t:tjui.-ic ui which, wmn 
 
 u oemtion has destroyed a jK.rtion of tho 8nb|K.ritoneal tissue an.l its 
 blood vessels, the lieritoneum, hitherto fed by them, perishes, and i. 
 
DR. ERIC BENZEL «"AUI1AM. 
 
 39 
 
 Bppamtpd as a p'avish or yellowisli wliito sloujifli." What makes tlie 
 abovR quutntion e.sjR'cially viiliiahhi is tlin fact lliat the uterus, like 
 the stomacli and intestines, is covered hy tlie iieriioueuin, and a per- 
 forating ulcer of the former would hdiavo similar to one ii\ either of 
 the latter, with the diflennie*.^ that being less olironic the pe'foration 
 would 1)0 uniform in size, and not hui^'er at the liaNe thuti at tlie ajHix. 
 The white matcMial lining or coveiin<5 tiie ulcer on tiie fundus was the 
 perished peritoneum and sul)})ei itnneal tissue, separated as J'agot 
 says as a " grayish or yellowish white slough." Dr. Morden says 
 a white material lined the canal, but does not say whether it was 
 similar to that lining the ulcer. J>ut l>r. Jirouse, his associate in the 
 I)OHt mortem examination, explains what Wiis in the c«inal, for he 
 says: — " jmis was from the outside to the inner of the canal." We 
 contend that there was a perforating ulcer of the womb from natural 
 causes, because its very appearance indicated ih;it there was gradual 
 death or necrosis of the part. Now, the facts - li<>ited by our ijuo- 
 tatioiis are of peculiar significance, and point to but. one conclusion. 
 By them we learn, that thd contayion <>f small pex will produce 
 aboi'tion in the pn^gnant woman, aiid hemorrhage frotn the uterus 
 vagina bladder and otluT mucous surfaces; that it pi o luces endometritis 
 and progressively metritis, passing into suppuration, soft.nimr, ami 
 gungrene; that the suppuration is ordinarily obseivel in the form of 
 little yellowish spots, but that it sometimes colleclH into distinct 
 abscesses foinid more to the external th:in the internal surface of the 
 wond) ; that the softening leading to perforation commences at the 
 inner membrane and penetrates more or less through the sidwtance of 
 the womb ; that the poitit of insertion of the placenta is the ordinary 
 Beat of tohse .adi anced changeH characteriz d by soltewini:, abscess, and 
 perforation ; and that this was the very spot where tlie suppoKe* 
 wound in the woman liurnham was found ; andlinally. thea])pearanc« 
 of the ulcer on the fundus indicated most cleirly a slotigh from 
 gradual death of the part, as is most iiappily described by Dr. Paget, 
 in pi-rforating uh^ej-sof the stoniBch. Hut we have not yet complettxl 
 our case, and will jirove, l)eyond the shadow of a doubt, that no 
 IM'iietrating wound of the uterus could have been received ; that the 
 woman actually died from the effects of small pox, and that conse- 
 quently Dr. HjMiriiani is innocent of the crimo iinjmted to him. Dr. 
 iTJunien says in his ovidenee tlmt '■ the poritoneuni was dark in color 
 and smooth." It will be mr^n by tin* dtjposition of the woman Burn- 
 ham, that Dr. 8parham made his last examination on Monday, and 
 
40 
 
 A DEFENCE OF 
 
 after that examination she walked home all right, felt no uneasinesB 
 that night, but on the following day she wiis ii, great pain. Never- 
 theless, we are asked to believe, that during that last examination on 
 Monday, he forced an instrument through the fundus uteri, rupturing 
 in its passage the visceral peritoneum and enlarged uterine blood 
 vessels, with no history of pain until the following day, no immediate 
 large loss of blood, no prompt inflammation of the body of the womb, 
 and no history at all of acute peritonitis with its absolutely necessary 
 effusion of plastic lymph or serum. The idea, to us, is simply pre- 
 posterous. Dr. Holmes in his "System of Surgery," vol 2, page 405, 
 says, if rupture of the peritoneum " occur in a portion attached to a 
 pregnant uterus, the probability is that hemorrhage will be excessive, 
 and it may prove fatal." Dr. Gross in his "System of Surgery," 
 vol. 2, page 841, says :— " The great sources of danger in wounds of 
 the uterus are hemorrhage and peritonitis." He again says, "wounds 
 of tbe uterus during pregnancy may in general be e; ily detected by 
 the escape of the amniotic fluid and the profuseness of the hemor- 
 rhage." Dr. Leishman in his " System of Midwifery," page G60, re- 
 marks : — " In ordinary peritonitis, adhesive lymph is poured out, as 
 an attempt on the part of nature, barring the further progress of the 
 malady, by gluing the jxirts together." Now, hemorrhage, if it 
 occuried at all, must have been primary, and would have taken place 
 immediately after the infliction of the wound, but there was none 
 until the following day, and then only as a necessary consequence of 
 the abortion. Besides, Dr. Morden did not find the slightest trace of 
 hemorrhage in the vicinity of the supposed wound. But the peri- 
 toneum was smooth, and there was no gluing of the parts together, 
 ^either was there any serum found in the pelvis. These facts are 
 clearly demonstrative, that no peritonitis existed, which mu.st have 
 occurued, if a penetrating wound of the fundus uteri had been inflicted, 
 more especially, m it is contended, it lighted up the most intense in- 
 flammation of the body of the womb. A wound, that was sufficiently 
 serious to produce metritis, would be much more likely to produce 
 peritonitis, because the peritoneum is far more sensitive and ready to 
 take on Jnflammatory action from injury, than the ])arenchyma of the 
 womb. Thus it stands, as i)laiu as the noon-day sun, that a wound of 
 the uterus and visceral peritoneum, sufficiently severe to i)roduoe 
 acute metritis, would necessarily produce at the same tinio, and niu.oh 
 more readily, acute peritonitis. Yet, while the post mortem oxmnm- 
 ation disclosed every evidence of metritis of the moat aggravated 
 
DR. ERIC BENZEL SPAUIIAM. 
 
 41 
 
 cliaracter. tliee was not fx- slif,'litest imlication of peritonitis. The 
 pi'oofs of i.revloiis inH.uumt.tioii in a part, as observed post niorlem, 
 vvoiil.. be fo discover tln^ pro luc ive < He ;ts. The products of inflam- 
 mttioii in a .serous meinbr.m" likn tiie pcitonouii), would be c6agnhd>le 
 lymph or serum, or h .tlj of th '.ii Not th« least trace of eith.T the 
 O!io or the otli- r was I'ouud. Now, wh it is mo-t remarkable in this 
 connection is, that while s nail |>ox will fi^eely attack the pleura and 
 prodnce plnurisy with cllusion. it lias an abliorrcnca of the pi ritoneum, 
 and |.MS.ses it by wiiKont aUccting it. Ziemsseu, iis we previously 
 quoted, declares that he lias never known a case of peritonitis pro- 
 duced by small pox, excpt fi oui a local ( aii.se Th- re could r ally be 
 n.) more c nviming pro .f of the absenc-of a wound and the prese.-ce 
 ofa spc-fic morbid ooisoit, wlthiis elective atiioities and antipatiiies, 
 than theabove in 'cresting fact. Another point of pspecial significance 
 in this connection, a.-* s'owiu,' that the abdominal lesions were dir-cdy 
 produce I by epidem c influenc ■ alon-, and not hy violence alone, or 
 by violence and an epidemi.; inflnence tog. ther, lias been most happily 
 b. ought out by Dr. Leisbman. It wid not be fbr!.ott.n by tha 
 medical man, that in a cas • of ordinary p rtoniiis plastic lymph and 
 B-.um are ne e soy piodn.Ms. And, in a cae of onlinary puerpnial 
 ievGv. secondary to ^o ne lo 'al nt-iine trouble, there is usually a voiy 
 Jar^e elTu^io i of sonun. But in th^ cas. un ler review there was 
 v.eitl.er lymph nor serum found. The explanation of this pec.diarity 
 will be satisfactory f.om the followiu-r remaiks by Dr. Leivhman in 
 
 Lis "Hyste f Midwifery, ).age 671 :— -'Admitting the peifect 
 
 accuray of Dr. Murphy's d scription, as above quoted, we recognize 
 in it no rea-ou for rnodd\ing the o|.inion, which has Iteen expr. s^od, 
 that the fever may either, as is usual when it is directly propagated 
 by e|.ideniic influence— in which case the virulence .n- concei.ti'ation 
 of the |K)ison re.ches its point of greatest intensity— be priniaiy ; or 
 it nujy appear stib.sequent to tho occurrence of true peritoneal inllim- 
 niation. whei. if, may be s condary." Then, on jiage G7(), he says :— 
 " In pnerpural fev-r the gieater the intensity of the seinire, the 1. u 
 the chance of meeting anything like lymph. In the most intent 
 forms no cllusion at all may take place " Now, Dr. Mordon'g 
 pyaemia was really pu-rpural pvaemia, or secondary puerpural fover, 
 8 ttingin upon a previous supposed inflammation, and would mo«t 
 unquestionably have, at least, an effusion of serum. But in the case 
 befoie U'^, where the puerpi.rul fever was lighted up by direct 
 e])ideuiic influence, as small pox, (in which case the virulence or con- 
 
 iki 
 
 fi 
 
 
42 
 
 A DEFENCE OF 
 
 centration of the poison readies its grtatesfc intensity) there was no 
 trace of effusion, because tlie puer[)ural lever was priiiuviy and most 
 intense. This fact, together with the a<Mitional fact to' whi.-h we 
 have already referred, that the small pox poison shuns theperiton. urn, 
 would irresistibly force the conclusion, that no injury or wound of 
 the womb had been received, 1-ading to inflam nation, suppuration, 
 absorption of septic materi^ds and pyaemia. We ask the can.licl 
 medical man who reads and reflects upon this, whether there could be 
 a more complete vindication than the above facts. Dr. iMorden said 
 "the vagina was dark and moist." Dr. Leishman in his "Aiticle on 
 Puerpural Fever," says :— "A much more serious affection than this, 
 and one which has probably a more direct connection wiih tlio influ- 
 ence of the puerpural poison, is inflammation of the vagina, of an as- 
 thenic type, similar to what occaoionaliy occurs in tlie coui se of typhug 
 and other fevers. In this cas3, the wliol.> vagina, without any obvious 
 local causR, is quickly involved in inflammation of the type allude I to, 
 which defies all treatment, local or general, and rapi.ily parses into 
 gangrene." Dr. Morden said, " the intestines and perijoneum were 
 dark in color." Dr. Murphy, as quoted by Dr. Le;shm:in, says :_ 
 "In peritonids all the arterial c.pilhirie.s are highly in)\. ttid, hence 
 the intestines 'are streaked witli bright red lines of capillaries, that 
 encircle them; in puerpural fever the venous capillaries predominate, 
 hence the livid hue of the intestines, and the diisky red color of the 
 patches and streaks on their surface." Schroeder says :— " In 
 puerpural fever the intestinal coils Jiave a dark brownish led 
 appearance the same as in incarc rated hernia." Dr. Morden found 
 the brain healthy. Schroeder says that infliramation of the cerebral 
 membranes is qomparatively r.re in imerpural fever. He likewise 
 says, page 341 :— "Bcsi.les emliolism thoio is often lobar and lobular 
 pneumonia of ichorrhoemic origin." Dr. Moiden found lobar and 
 
 lobular pneumonia with embolism. Schroeder says : " The liver is 
 
 seldom perfectly unaltered," and "in the kidneys also embolic centres 
 are met with, as well as other circumscribed and diffuse inflam- 
 mations ;" •' in the cortical poition iteg< nemtive processes;" "i)leurisy 
 is uncommonly frequent." We ne.d scarcely direct the attentii.n of 
 the reader to the points of resi mblance betw. en tl e above trnnscr pts 
 of the effects of puerpural fever and the post mortem nppenrances of 
 
 1 I j._..,( ,,iM. rrur tn-' ncit quut;itiun irom bcnroe<ier 
 
 would almost seem as if it we- e expressly written to suit the case. He 
 Bays, page 351 :— " Icterus (jaundice) and profuse hemorrhage from 
 
DR. ERIC BENZEL SPARHAM. 
 
 4S 
 
 the genitals not unfrequcntly occur. These are soon followed by 
 symptom'-', showing that various oi-gans ar.'- atlectea ; cough and pain 
 la the ciiest show th(. afroctlon of the lung and j.^nira." Xow, the 
 woman w.,s jaundiced, had profuse hemoirh.ge from the genitals,' and 
 cougl). with inflamaiatim of lungs, and pleurisy. 'Reynolds in his 
 "System of Medicine." vol. 2, page 21;}, in speaking of pvaemia 
 says:— "But whatever the previous condition of the patient may 
 have Iv^en, whether it has been onr; of perfect healtli or not, tlio first 
 symptom to attract attention, is, rdmost without exc ption, a sudden, 
 sevew, and prolonged rigor, f iliowed by profuse perspiration." The' 
 woman Buinhatn hal no rigors, nor any profuse |»erspiration,s. 
 Schroeder says of pue.-puial fever : -" Chilliness or rigor is by no 
 means a symptom of great importance. They are often absent in 
 tht most fatal forms of puerpural fever." Indeed, the symptoms anS 
 post mortem ai)pearanoes point distiiictly to puerpural fever from 
 smdl pox. and just as plainly serve to exclude pyaemia from injury. 
 Why the initial symptoms of chills and perspirations" are dwelt u[)ou 
 as important in tlr's casa, are the indications which they affor.l of the 
 presence of pus giving rise ichorrho -mia. Every surgeon is well 
 aware that in a doubtful case of pus formation in a v;scus,tlie setting 
 in of chills and perspirations would settle the puint. Tlieir compileto 
 absence in any given casd would be strong presumi)tive evidence, that 
 certain constitutional symptoms denotin;.' blood poisoning could not 
 be due to the absor[)tion of septic materials from unhealthy i)us. 
 Again, puerpural pyaemia, or i)y,iemia setting in from injuries in a 
 puerpural woman, would have a history of acute peritoneal inflam- 
 mation piioi' to symp:oms of blood poisoning; in this case, according 
 to Dr. Mooro, the acute peritoneal iiiflamnuition came subsequently. 
 Then, by the shortest calculation, symptoms of pyaemia would not 
 supervene for three or fo;ir days after the infliction of the wouHd 
 which was the primary cause of it, ho that at the wor-st wci could only 
 expect symptoms of blood poisoning tj set in on Thursday aftca-noon; 
 but in MissBuinham they wore first noticed on Wednesday morning. 
 Now, according to Dr. Barnes, Leishman. Schroeder, Churchill, H al- 
 symptoms of puerpural fever may set in before labor, during the pro- 
 gress of labor, the first day, or at any time up to the eighth or tenlh day, 
 the time of attack depending altogether upon the period of , infection. 
 Ivo Tuatter how we look at it, the prubabililics an^ in favor of 
 puerpural fever from contagion, an.1 oi)posiMl to pyaemia frou. injury.' 
 We now pass on to the remaining cvi<]encc for tho prosecution. 
 
 ..:i.. 
 
 
44 
 
 A DEFENCK OF 
 
 Dr. Vaux's Evidence. 
 Am a physician in Brockvill... Knew, but could not reco-nize, 
 deceased. On the evening of the 22.ul of December, about 9 p.m , I 
 went to the resid.uice of deceased. Dr. M.,ore showed m • some 
 membi-anons sh.ed.s, wliidi he said had j.assed from deceased. I 
 merely looked at tliem. Thouglit they were part of placenta. Went 
 to the house on tlie following Monday to give my o, anion as t<i the 
 probable duration of life. She was then past medical treatment, 
 being comatose. Eyes a little .sensitive; abdomen distended very 
 mucli ; face pinched, pale and sallow ;■ sor.Ies on teeth ; respiration 
 slow ; pulse hardly perceptible. Moore gav<3 a general statement of 
 his treatment. I thought it proper. Felt tU danger of attending 
 ^all pox and attending her case. She died of pyaemia. It wa« 
 dangerous to attend such a cnse, as it might originate disease. Can 
 not tell whether it was an after birtii, or not, that I saw. Syringe 
 should be used according to circumstances. Jaundice due to bile Im 
 the blood. 
 
 
 Br. Brouse's Evidence. 
 Was associated with Dr. Morden la making a post . mortem 
 examiuKtion of the body of the late Miss EurnLam. I concur with 
 Dr. Morden in his opinion ag to the state of ^he body. I saw th« 
 wound in the womb; the white patch on the outer part of the womb 
 was half an inch in diameter. I believe the opening in the womb 
 was caused by an instrument ; the opening was one-sixteenth of an 
 inch in diameter, as if made by a sound. The womb contained rbout 
 a drachm of pus I thought death was caused by absorption of put 
 materials into the blood from the womb. Gangrene had almost set 
 vS: I believe the opening to have been caused by mechanical meafta. 
 This opening I believe to have been the cause of the disease of tli« 
 womb. I know of no way in which the opening could be caused 
 except by an instrument introduced through the vagina into th« 
 cavity of the womb. Had made uj) my mind that the womb had 
 contained a foetus, but would not swear to it positively. If the 
 abortion had occurred from natural causes there might have been th« 
 same appearances. The wound of itself might not cause death. No 
 ^ pus on the outside of the womb, but there was in the inner n.irt • 
 pus from the outside to the inner of the canal Could not state that 
 pyaemia was from the wound alone. 
 
DR. ERIC BENZEIi SPARHAM. 
 
 4i 
 
 With regard to positive proofs of pregnancy on purely scientific 
 grounii.s, and positive convictions of piegnanoy from all tlio circum- 
 stances of the case, about which such a hue and cry was raised after 
 Dr. Church's evidence, we huve simpiy to remark that in tlie more 
 essential j)articulars Dis. Vaux and Brouse agreed with him. Dr. 
 Vaux believed the membranous shreds " to liave been part of a 
 placenta," but says afterwards tliat he "could not tell whethe.- it wiw 
 an after-birth or not." Why? Because those membranous shred* 
 might have been portions of a dysmeuorrhieal instead of a decidual 
 membrane, and the pains, that preceded their expulsion, might have 
 been the dysuienorrlueal effort, instead of those of abortion. Dr. 
 Drou^.e said :— '• Had made up my mind that the v/omb Iiad contained 
 a foptus. Believe she had been pregnant, but would not swear to it 
 positively." Why would he not swear positively] Because the only 
 positive proofs of pregnancy would be to find a foetus, or to dis- 
 tinguish the after-birth. There wero no proofs of either. Dr. Church, 
 as a medics I witness, declared there were no conclusive medical proofs 
 of pregnancy, afterwards he declared, he believed there was an 
 abortion. So far Drs. Church, Vaux and Brouse's testimony agreed. 
 Tiie de[)arture consisted in tlio statement, on the part of Dr. Church 
 that the woman had puerpural fever, which, it was said, assumed that 
 she must have been pregnant. Of course, this would have been an 
 objection to his testimony, if he had stated he did not believ* 
 she had been pregnant, and if it were absolutely necessary, th;it a 
 woman should be pregnant before having puerpural fever. Schroeder 
 in his "Essay ou Puerpural Fever," page 331, says :—" Puerpural 
 fever, therefore, is nothing else but poisoning with septic matter from 
 the genittil organs * * * infection with septic materials arising 
 fror.i the female genital organs occur, as a rule, only in the puerpural 
 state. Exceptionally it is seen also after gynaecological operations. 
 It is then followed by the same changes as in the puerpural state, us 
 is shown in the very interesting oases communicated by Buhl. 
 Changes were found in every respect like those following puerpural 
 fever in the post mortem examination of two girls upon whom 
 episioraphy was performed, and in two others in whom the vaginal 
 portion of the uterus was amputated on account of caicinoma." 
 Medical men are not always governed by positive medical proofs, but 
 by positivo convictions, which do not always depend upon positive 
 medical proofs. Expulsive uterine pains, followed by hemorrhage, 
 with membranous shreds in the os-uteri, are not couclusi\c medical 
 
 k 
 
46 
 
 A DEFENCE OP 
 
 iiii 
 
 Si 
 
 pi-oofs of pregnancy. These might occur, and da occur, in an attack 
 of membranous dy.smenonhoe.. But combine with that the confession 
 of the woman tluat sJxb had been sechiee J, .n.l that snbsecmeutly she 
 had pnerpural fever, which, in the very .reat nny-rity of Los 
 require the puerpural Bt.te for its development, the ooi^viction o^ 
 previous pregnancy would be nlmost positive. But even und.r all • 
 these circumstances, there wouhl be no positive proofs of pregnancy, 
 because all that is necess ay for an attack of puerpural fi^ver would 
 be an abrasion of the mucous n.embrane of the female genital oi-ans 
 wh.ch obtains after an attack of men.branous .]vsmenorrl.o;u 
 Schroeder says, page 330 :-" Infection from without takes place 
 when septic materials are brought to the recent wound, of the Jnital 
 organs by means of a sponge or of linen used f ,r cleaning the^>arts 
 or by instruments, and very frequently also by the examining fin-^er' 
 It_ IS possible also that septic substances floating in the air of 'the 
 lying-m room may come in contact wich the recent wounds " But a 
 woman may have been seduced, and positively believe she waa 
 pregnant, and not ba in that condition. Now, after an attack of 
 membranous dysmenorrhoea, the inner uterine surface, abraded of its 
 Imiiig membrane, would be in a fit condition to absorb septic mate, ials 
 
 womb at l^ie menstrual period would then favor the development of 
 puerpural fever, as in the cases mentioned by Buhl and Schroeder 
 Ihat an abrasion of the mucous membrane would be sufKeient to 
 develop an attack of puerpural fever is furthermore confirmed by the 
 testimony of Dr Barnes, who says . ■< If Uiere be a little scratdi, no 
 matter how small, and the poison is conveyed in th .t way. that s a 
 differen case That is the way wounds act so badly, no doubt." 
 ndeed the only positive medical proofs of pregn ,ncy would be to es- 
 tablish the existence of a foetus, or an after-birth, neither of which 
 was done at the trial. We have made the above remarks in confir 
 mation of the position assumed by Dr. Church at the trial, whoso 
 tesumony was called in question, and also out of respect to such men 
 as Dr. Lander, who, having heard all the evidence, declares :-"I hive 
 grave doubts in my mind as to an abortion having been had,nopoint 
 m the evidence making the idea. " As a medical witness giving medical 
 testimony, Dr. Church was forced to say there were lo c nclusiT 
 mediea proofs of pregnancv; at the same time he stated his conviction! 
 . . Y^..., ::xisrcnce of pregnancy, and based his testimony unon 
 those convictions ; if he had done otherwise he would have testified 
 
DR. ERIC BENZEL SPARHAM. 
 
 47. 
 
 to wlat he believe I to be false. His coiivioiions were not biiseil on 
 mol^c:il I'irti; iiloiie, but upon these assisted by extraneous evidence, 
 BUL'li, for iiist.uier, as ihe dojtosition of the woman, which had nothing 
 to do with me lical proofs ; thefiut also that no mention was made of 
 any l>i-e\i mis attack of dysmenoiihoea to make it probable, that it was 
 fro. II tliat, instead of from an abortion, slie suffered on the raemoiable 
 Tuesdiy when Dr. Moore fiist .saw his patient; also the additional 
 fitct, that in tlii! va^t majority of insiances |)iierpuial fever attacks 
 woimn ouly in t' e pregnant oi pueipnral comlitiqn, produced a con- 
 viction ill his mi id iliat w.is inesistible. Nevertheless, then- wtre 
 actuilly " no cnnc/nsioe medical proofs of pregnancy." We shall now 
 proceed wiih tho remaining evidence for the prosecurioii. 
 
 Dr. Weir's J'.'viilence. 
 I reside at Meirickvilie. VV^as calie I on the 24tli Decf-mber to 
 attend ileceiisi.'d. Saw her at live o'clock Thursday afternoon. Found 
 her xery low an I jn'osi rated ; puls« 112. M^idoan examination, and 
 found the os dis ended. B. li. v.-d that an acute iidlam.naaon of the 
 womb exist vl. At, 7:30 p. n. I saw h.-r again. Think Dv. M.>ore's 
 treatment >vas suitable. Visited h. r i ext morning, and found she 
 had a JMUiidicid appearance; juls" ]().•', and mt so compressible. 
 Vn-us of sn^li jio.\ wi ' rudnc- small pox and sm-dl pox alone; 
 pviieinia only paemia. It would not be generated by erysipelas. 
 Acute infectious disia-es only beg. t tlieir kind. 
 
 Tliis genlleinau's evidence was most damaging to the prisoners. 
 It found favor wnli theJu lge,a'id, no doubt, assistei mat riallv in turn- 
 ing tlie s ale Mgainst t'lein. How tmo it, is, tliat acute infectious dis- 
 eases will nor, produce a di-ease nlmost identical with the one by which 
 it w.is claimed that the woman died, we can now Siifely leave with the 
 reader of this pimpldet. If' pyaemia and pueipnral fever are 
 anah.gous conditions, and exposure to small i ox wi 1 produce puerpuriJ 
 fever in the puerpural woman, now is scare ly tiie time to see it 
 established. It should have been reiterated again and again by every 
 mediial witness at the trial. If the Jiidg- and jury had thoroughly 
 comiireh-nde I this fact, the result would ha^e been diilerent. Will 
 Dr. Weir stund up to-day with Barnes and ].eis' man and Schroeder 
 staring iiim in the I'ace, and declare that, small pox c.unot produce a 
 disease similar to the one of which the woman Burnham di. d 1 Will 
 any of the medical witness for the crown assut that it will not 
 
*§ 
 
 A DEFENCE OF 
 
 produce abortion, followed by puorp.ral fever, and that p„erp,.ral 
 fev(M- IS not quite the same state as pyaemia? If it will produce 
 .boi-tion, and puerpural fever with post mortem appearances si.nilar 
 to those observed in dee...se 1, why was it not so st.te<l at .he 
 coroners ,n,p,est and at .he trial? Th , witnesses for the .lefenc9 
 were almost accused of perjury because they stated their belief that 
 ho woman died fro.n the elFects of small p.x. The extracfs'fro.n 
 the wnt,n.s of some of «ho most eminent nu-n in tl.o medicU 
 profession which we have furnished, show „p„, what ,no.,nds the 
 opmion of the med.cal witnessrs f,rthe def-nce whs based To sh.w 
 that then- viows with regard to this particular case were shared in bj 
 others oi at leastequal pro'essional attainments with any who testified 
 »t tlie trial, wo subjoin the followin<T:_ 
 
 Dr. Horatio Yale's opinion. 
 I have read Dr. M.r.hm's evid -nee as to the post mortem 
 •xanHnanon held on the body of the la'e 8ophi. E. Burnham at 
 Krockv. le, ( n.ano, and e .n see nothing iucousisteut in that with the 
 theory that .leceased came t) h -r do.tl. from n.dign.nt small pox 
 —small pox being at that time in the same hous.. 
 
 (Signed) IIoiiATio Fates, M.D., 
 
 i'>-of>'^^orofMedicin.e,li.(J.P.d;]s.,(L'c. 
 Kingston, May IDth, 1875. 
 
 Dr. Odaviun Yale's opinion. 
 Having read Dr. Morden's evi.lence rorerred to above. T co.icur 
 in the same opinion. 
 
 (Signed) Octavius Yates, M D. 
 
 Kingston. ^''•«/^'*^«'' Clinical MeJiciiu, li. C. P. <i- S. 
 
 W, F. Colfiinan's opinion. 
 I have read Dr. J. H. Mord.n's deposition of post mortem 
 •xaimnatiou of Sophia E. Burnhan., and believe the appearancje. 
 nmntmned resulted either fron. lunnorrhagio. sn.all p,.x or pva.n.ia. 
 If the latter, I think it more likely «o have luKm eause.l by the 
 •yBtemio mfeotioii of small pox than by (he supposed wound .hr.v.gh 
 the woud,, as there is no evidence to «h .w .hat there whs ,tdh sire 
 pontonit.8. which usually results from wound,, into the abdomiuol 
 cavity. 
 
 .'Signed) W. F. Coleman, M.D., 
 
 *''*^ 2^'^' ^^^•'- M.Ii.C.S.,^n,lun4. 
 
DR. ERIC BENZEL SPABHAM. 
 
 49. 
 
 J. Fulton^ s opinion. 
 I have read the evidence given in the trial cf Dr. Eric B 
 Sparliam and Wm. Greaves, als.^ the dying statement of the girl 
 Soplua E. Burnham, and the report of the post mortem examination, 
 and 1 fail to see anything inconsistent with the theory that the girl 
 Sophia E. Burnhrm died from the poison of small pox. She was 
 exposed to the poison of small pox for about three weeks preceding 
 her death, and it is well known to the profession that the poison of 
 small pox is almost certain to produce abortion, followed by death. 
 The post mortem appearances were also such as are frequently noticed 
 after death from hemorrhagic small pox. The opening in the womb 
 (fundus) m the vicinity of an ulcer might be accounted for from 
 natural causes, an.l the presence of pus in the womb is no uncommon 
 circumstanoe after death from accidental abortion. The use of a 
 tubular instrument (speculum) could not cause abortion, and may 
 have been used in the treatment of ulcer of the womb. The matter 
 aeoms shrouded in <loubt, an.l, as the prisoner is entitled to th. 
 benefit of the doubt, it would simply be an act of justice to grant him 
 either a new trial or at least a commutation of the sentence to 
 imprisonment. 
 
 (Signed) J. Fulton, M.D., M.R.Cf.S., 
 
 J'ro/'eswr of PhyHiology 
 Trinity College Medical ScImoL Torwito. 
 Toronto, May 26th, 1875. 
 
 Lr. FnmciH KIkitiifton'a opinion. 
 To Dr. T. Si.akiiam.-I have carefully read over the evidence in 
 the cise of Spa, ham ami Greaves, also the extracts from the different 
 authors which you gave me. There were some points which I hope 
 may induce the Judges to entertain favorably any application that 
 may be made for a new trial. Ist-The deceased, in her dying 
 statement, declares that the prisoner Sparham ma.le use of an 
 instrument like a long tuln,. It scarcely seems probable ho would 
 have used a tubular instrument for any other punK>He, than that of 
 exanyning the state of the womb, as to its healthy or unhealthy 
 condition. At any rate, such an instrument conhl not be used in 
 .uoh a way^as to perforate the uterus, and that too at the fun.lus or 
 very upiwr part. iud-Dr. Moore simks of having r«,moved a i.ieoe 
 or portion of pla.. utn. Tl.is could not have beeif at snch an early 
 period of pregnancy. At two months, it would be rudimentary only 
 
 i 
 
 i] 
 
50 
 
 A DEFENCE OF 
 
 and possibly might be mistaken for a dysmenorrhoeal membrane. 
 3rd-I think Dr. Morden stated, he could not be sure an abortion 
 had taken place. 4th— It is possible she might be under the influence 
 of small pox, which gave rise to the pyaemic inflammation, and 
 subsequently to the deposition of pus. Pyaemia has certainly been 
 caused by small pox poi«ou. Putting aside the charge of mechanical 
 perforation of the uteius, I should say, viewing the appearances 
 described as found at the post mortem examination, that the 
 cause of death might be owing to undeveloped small pox— the worst 
 form of the disease, and, when it takes on the hemorrhagic form, . 
 generally fatal. It is probable, the deceased was sufiering from the 
 poisQji of small pox, in the first instiince, followed by pyaemia, and 
 ultimately by uraemic poison. 
 
 I am, my dear sir. 
 
 Yours truly, 
 (Signed) Francis Elkinqton, M.D. 
 
 Formerly Phyddan Accoucheur to the Lyhig-in Hospital, and Lecturer 
 on Obstetric Medicine, Sydenham College, Birmingham, England. 
 
 Dr. A. Lander's opinion. 
 Having heard the whole of the evidence in the case of Dr. Eri« 
 B. Sparham, I am of the opinion that the evidence given by the 
 medical men who performed the jiost mortem, did not warrant the 
 verdict givon against him, and I have grave doubts in my mind as f 
 »n abortion having been had, no iK)int in the evidence making the 
 idea. 
 
 (Signed) A. Lander, M.D. 
 
 Brockville, May 4st, 1876. 
 
 J)r. J. D. llalVa opinion.' 
 Dr. T. Sparham— I was present during the whole of the late 
 trial of Dr. Eric B. Sparham and Greaves, and heard all the evidence 
 adduced. How they could be convictecJ by it as they were, ban 
 always been a mystery to me. In the first place, if the dying depo- 
 ■ition is to be received as evidence, let us look at it and see whnt it 
 does say. In regard to the instrument us.h1 by which perforation of 
 the utenis might have wcurrwl, she says:— "He insf ' iod a long tul» 
 into me and moved it about in lua" It must occur to every medical 
 man that the tubfl here spoken of must have been a speculum. The 
 Doctor telling her to comt .igain, when he would have better light, 
 
DR. ERIC BENZEL SPARHAM. 
 
 51 
 
 Strengthens tbis belief. Such applications would be a, innocent of 
 producing perforation or abortion as the medicines produced at trial 
 were pmved to be. No ! we must look to another cause for death 
 and abortion. The fact of her, or any other pregnant woman, 
 occupying the same floor of a house at the same time in which there 
 wa, a small pox patient in close proximity, is lyrinm fade evidence 
 (taking all the symi-toms and post mortem appearances into con.sider- 
 ation) that she died from the small pox poison-the most virulent 
 and contagious of all blood poisons known to pregnant women. The 
 post mortem appeai-ances, "yellow spots in the cut surfaces of the 
 womb," was evidently softening, which a few hours longer lease of 
 life would have developed into perforating ulcers innumerable. All 
 authorities who treat on this subject confirm this belief I am 
 clearly of the same opinion with Dr. Church that the cause of death 
 was: the cont. ion of small pox, (the initial stage hemorrhagic) and 
 that the . facts as to the cause of death were not clearly and 
 fully bi out, dwelt upon, an<l sot forth as they ought to havB 
 
 been, when the lives of two human beings hung in the balance 
 Justice ,l(unands a new trial whereby the on.ls of justice may be 
 secured without undue severity to the individual. A sense of duty 
 compels me to give you this expression of opinion. If it will in any 
 way aid you in procuring a new trial, no one will rejoice mor« 
 sincerely then. 
 
 (Signed) J. D. HAi,r., M.D. 
 
 Brockville, May 2l8t, 1875. 
 
 Dr. J. K. lirouan'it opinion. 
 Dr. T. Sparham— I have to express to you my belief that no 
 educated medical .nan, such as your brother, Dr. R. B. Hparham in 
 would use such an amount of force in passing a uterine sound intci 
 the uterus as to cause the instrument to pass through the utorin. 
 walls. 
 
 ^ (Signed) J. K. Brohsb, M.D 
 
 • Dr. M. K. Chvrrh's opinion. 
 
 .„. P\'^' ^'•*'*"^" - Waving read the deposition of the Ia(e Sophia 
 Mizabeth Burnham, as well as the evidence of Dr. Morden nt th« 
 Coroii«r 8 mquest in relation to thepost mort,>m appearances of the body 
 of the dec«.«sed; and having, n.oreov,,,-. patiently listened to the examin- 
 ation of Drs. Moore, Brouse. Morden. Weir, and Vaux .t the trial ol" 
 
 Hi 
 
62 
 
 A DEFENCE OF 
 
 li ' 
 
 Sparham and Greaves for the wilful murder of the said Sophia E. 
 Burnham, I have come to the conclusion, that there are insufficient 
 grounds for believing, that an abortion was induced on her by noxious 
 drugs, or th jugh mechanical means; but that, on the contraiy, death 
 directly resulted from the systemic operation of a mnteriea morhi, 
 introduced from without— the said vmteries morhi being the virus of 
 small pox, developing malignant jnierpural fever, and manifesting its 
 peculiar septic 'influence by hemorrhages from various mucous sur- 
 faces, and hemorrhagic infarctions within several of the viscera. No 
 truth is more pMtent to the "scientific medical man than the fact, th;it 
 acute infectious diseases contracttid by the pregnant or puer'pural 
 woman, will assume a hybrid character of special malignancy, display- 
 ing the worst cluiraoteristics of the original contagion with symi)toms 
 of more grave significance, arising exclusively from the puerpural 
 ^ condition. It is also a fact beyond the ivach of scientific questioning, 
 that the puerpural female is peculiarly susceptible to the contagion of 
 small pox, and that continued exposure to its influence would 
 scarcely fail to induce al)ortion in the pregnant, followed, in both 
 instances, by puerpural fever, terminating with great certainty in 
 death, and furnisiiing i)ost mortem appearances exactly similar to 
 those found within the body of deceased. The spots observed by 
 Dr. Moore on the body of the woman, the early hemorrhages from 
 the bladder and genitals, the peculiar state of the kidneys and 
 parenchyma of the lungs, the pleurisy with eftiision, and the entire 
 absonce of any truce of peiitonitis, (a charactei-istic of small pox) 
 point unmistakably to variola hemorrhagic ; while the very absence 
 of peritonitis recagnized post mortem by effusions of lymph or serum, 
 when taken in connection with evidcsnces of most severe and rapid 
 asthenic inflammation of tho uterus and vagina, just as unmistakably 
 excludes the possibility of a perforating wouncl of the fundus uteri 
 being the cause of death. Then, the absence of primary hemorrhage 
 which we might expect from a pi'iforating wound of the pregnant 
 utenis, and the absence of jjeritoneal inflammation, which we wotild 
 expect, from ruj)tui-o of the visceral peritoneum, servo to^oxclude any 
 such injury m wa« claimed to be inflicted. Again, tho low tyjm of 
 the inflammation, tho rapid appearance of softening and gangi-ene, is 
 Jioi compatible with the results ordinarily obsorv(-d fi-om wounds in a 
 presumnbly healthy jwrson, m Miss Hurnham was said to have been. 
 Finally, the early supervention of aymptouis of blood poisoning, and 
 the ttbs.-nce of the initial rigoi-s and perspirations wliich " almost 
 
DR. ERIC BENZEL SPARHAM. 
 
 53 
 
 invariably, if not always," usher in an attack of pyaemia from 
 injuries, would in my opinion, especially when taken in connection 
 with other differential indications, exclude it, and compel the view 
 that puerpural fever from contagion produced death. The opening 
 through the fundus uteri was, in my opinion, a perforation into the 
 abdominal cavity from natural causes, due to softening and mortifica- 
 tion of a portion of the womb — wLich softening, mortification, and 
 perforation of the womb always obtain in malignant puerpural fever, 
 lasting beyond a certain period. The pus in the cavity of the womb 
 was a product of inflimniAtion of the lining membrane of the womb 
 And tlie ulcer on the outside of the womb was due to a slougli — the 
 changes imp'iod by this condition being always more advanced in the 
 extornal ))nrtion of the womb, and at tluit particular part of it 
 occu])ied Ijy tlie placenta. 
 
 (Signed) M, K. Church, M.D., CM. 
 
 May 30, 187r>. 
 
 It will be obsei-ved. that Drs. Coleman and Elltington botli speak 
 of the woman dying of jtyaemia from the systemic infection of small 
 pox, which is the idea advanced by the author. In order to 
 distinguisli between pyamiia produced from unhealthy pm arising 
 from wounds, and the same condition (•ngender:'d by contagion in the 
 imerpural woman, it was found necessary to call the one " jtticrpural 
 pyaemia," and the other " puerjmral fever." It is the possi])i]ity of 
 clearly distinguishing between a case of pyaamia from injury, and 
 puerpural fever from* contagion, u]ion whicli th(> defence of the accused 
 is ])rincipally based. We earnestly solicit the attention of tlie medical 
 profession to the import,ant distinction we have endeavored to enfoi-ce 
 as it is one involving tlie innocence or guilt of Dr. S])arham, iis well 
 as a question of vital interest in a medico-legal poii)t of view. 
 
 We now pass, witliout any preliminary remarks, to the deposi- 
 tion of th( woman Buruham. 
 
 Deposition of Misa Sophia K. Jinruliam. 
 The information of Soj)!iia i':]i/,ab(>th Jitiridiam, of the Town of 
 Brockville in t])o County of Leeiis, s)»instor, taken upon oath ktfore 
 me, the undersigned, one of Her l^Iajesty'B Justices of the I'eaco in 
 and for the said XJnitod Cwmtie.i, at I'rockvilit) aforehuid, tliis 2^th 
 day of December, in the year of our liOrd 1874, wlio saith as 
 follows :— I am very ill. I have no liope whatever of recovery. I 
 
04 
 
 A DEFENCE OF 
 
 expect to die. I was in the family-way two months by William 
 Greaves, sometimes called William Hunter Greaves. I mem that I 
 was pre^ant by William Greaves His occupation is a ticket seller 
 for the Grand Trunk Railway. I know no other William Greaves. 
 He seduced mo, and when I asked him to marry me, he said no ; he 
 would get me some stuff that would make me all right; that is, that 
 It would bring on my monthly courses. He got me Sir James Clark's 
 Female Pills. I took them, but they did not do me any good This 
 was four weeks after my seduction. He then said, he would see 
 young I^.. Sparham, and get me something that would surely do me 
 good. He got me something black and very strong, and bitter to the 
 taste, and said there was iron in it, that Sparham had told him so I 
 noticed It smelt like tincture of myrrh. I asked Greaves if ffaere 
 was any myrrh in it ; he said there was, that Sparham had told him 
 so^ I took this three times a day for four weeks. The dose was a 
 tablespoonful in half a wineglassful of water. The only effects I felt 
 was, that it physicked me and griped me very much. 1 told Greaves 
 at the end of four weeks that this was doing me no good He 
 brought me a beer bottle, which he said he got from Sparham He 
 said I waa to take one-quarter of the contents of the bottle, in a pint 
 of warm water, and use it as an injection, about every three hours. 
 Ihe injection was to go into the womb. Greaves said. I used all the 
 contents of the bottle in this way, on the same day on which I 
 received the bottle. I got the bottle at eight o'clock in the evening 
 and used it once that ,ught. The next day I continued to use it.' 
 «ntU I had finished it. Last Friday when Greaves brought me the 
 bottle, he said that, if that did not succeed, I was to go to Doctor 
 Sparham s, and he would use an ins. , ument. He referred to Doctor 
 Sparham s using the instrument, and then he. Greaves, said, that it 
 would not hurt me, or do me any harm. Greaves told me when he 
 gave me the bottle, that it ought to affect me right away after usin« 
 It. He brought mo with the bottle, the rubber syringe now shown to 
 me I used the injection with this syringe, as directed by Greaves. 
 When I found the contents of the bottle did not affect me, I wrote 
 Greaves a note, which my little nephew, Willie Burnham, took to 
 Greaves house, telling him, that the injection had had no effect, and 
 that ho had bettor see Sparham, and get him to make an appointment 
 tor^pe to go to Sparham's house that night at s«v«n «'<,i^u a^u:. 
 was ia.t Friday night I refer to. He came to me a few minu^ 
 before seven in the evening. He was not allowed to come to our 
 
 \ 
 
DR. ERIC BENZEL SPARHAM. 
 
 55 
 
 house, and so I watched for him, and whon he came I went out on 
 the sidewalk, and he crossed over the road to me, and joined me. 
 Then, he and I went to Doctor Sparham's house. This Doctor 
 Sparham is commonly called young Doctor Sparham. He lives 
 directly opposite the Koman Catholic Church, in a white house, with 
 a short verandah across the front, with an office built into the side of 
 the house. This Doctor Sparham is a slight built man, I tliink, about 
 medium height, with a loug black beard, I think, sprinkled with 
 grey. He has black hair, with a dark complexion ; he has no color 
 m his face. He is a quiet, mild man, with a low voice. He always 
 wore black in the streets, when I have seen him. He wears a black 
 astrachan fur overcoat in the streets. There is another Doctor 
 Spaj-ham, who lives in the rectory. They call him old Doctor 
 Sparham. I understand he is the brother of the man to whose house 
 I went. The pills and medicines, given me by Greaves, were given 
 me for the j)urpose of procuring my own miscarriage. When I went 
 with Greaves to Doctor Sparham's house on Friday, the Doctor asked 
 me to walk up stairs, and took me into a bed room. Greaves waited 
 down stairs in the office. I went up to the bed room. The Doctor 
 asked me if I would like to have Mrs. Sparham to come up, saying, it 
 would be just as secret, as she would no more tell it than he would. 
 I said I did not care ; that if he wanted hef, she might come. Mrs. 
 Sparham did not come. The Doctor said he would like to put a 
 handkerchief over my eyes, so that I could not tell what he did for 
 me, as it wa.s a very serious business, for a lawyer in Montreal had 
 been sentenced to ten years in the penitentiary for even proposing 
 such a thing to a doctor. He said it was very serious somcitimes, 
 but in my case it would not be, for I was not long enough gone. He 
 tied the handkerchief over my eyes, and I laid down on the lounge. 
 He seemed to insert a long tube into me, and move it about. I 
 think he did that for ten minutes. He .said that would do for that 
 night, and if I had to come back he would rather I would come in 
 the day time, as he would have better light. The instrument or tube 
 was introduced by him into my womb. The instrument was so 
 introduced to bring on my miscarriage. It hurt me, but not very 
 severely. He said in twenty-four hours I would feel the effects of this 
 operation. He said the effect would be pains in the womb and back. 
 
 TTr. +!■..« o,..M i■^.„^■ ,..„., 1.1 ,1., ^ — iU_ _:_i_j. tt- ii j 
 
 .... ,.,...,, -!•,!•!, viiav rrOttiu xixj lui LIIC IlIgllL. ixc IIJCII ItruIUVOU 
 
 the bandage from my eyes. Ho said it might be necessary 
 for me to come back again, after twenty-four hours, and if I did, 
 
 \ 
 
66 
 
 A DEFENCE OF 
 
 to come zn the day tune, as he would have better light. Then 
 I went down stairs, and went out of the fron. door, and Greaves 
 came out of the office door and met me on the verlndah ird I 
 
 iz w-r ^irr '-'' *'^ ^^"-' ^p-^--' -^o came doj: 
 
 stairs with me, told me to use injections of warm water On th« 
 way home Greaves asked me what Sparham had donlt me and I 
 told lum what had occurred, and that it hurt me very mu!h The 
 
 the twen y-four hours. On Sunday, coming home from church in 
 he mormng, I told Greaves it had not had the desired effect an" 
 
 Ti\T:::::x''''^'^'r'' ^ ^^p°^*--* thatati i 
 
 tor me to go there, I mean to Sparham's house. I was to go there at 
 half-past three on Sunday afternoon. I went alone LT^^ ! 
 
 llien he maerled the instrument, and went tl,m?,„v, .1 
 operation aifain as on VyiA,,, ■ T tlirough tlie same 
 
 took longer HltL" ' T""*^' °°''' " ''"* ■"" """^ »"<• 
 
 told nTtotate t . ir "" "" '^°"''' ''°'* ""^ *''"" ""o. and 
 
 labor tJ ?* "^ "nderatood this to mean the pains of 
 
 MdaV to J" " ™ '"'"*'"'"' ""' '"«■' °° Sunday, as „„ 
 
 seeded toX th pain' X" 1 "f "'"V"; ''" ^"'" ''°*' ""' '' 
 now in the ZtiT T ff "" ^ ''"'' '''"'" '" •"" 'h"' » 
 
 no. agr tag w-th me t ""'. "" """' " ' *°"«'" " '» 
 o'clock in L^ ^'^^^ '''°"'»--»° Monday last, about two 
 
 Bootor.s."Jretirrha7'j:rriz n L":rd*' 
 zr Ltrenthit^'r x':^ r- - v- - - A^^^^^ 
 
 I would w"t ?• . """' "° ^'"''' '^'^^ ^« «*id fa« ^"»ld rather 
 
 \ 
 
 / 
 
DR. ERIC BENZEIi SPARHAM. 
 
 67 
 
 Sparham said I would not be fit to travel. 1 said I must go, as I was 
 afraid my sister would suspect me if I did not go. He said he must 
 go to the druggist to get me something to use, and to give me to 
 take. I went upstairs and waited until !)« came back. Then he 
 bandaged my eyes again, and peift)rmed the operation again of 
 introducing an instrtinient into my womb, for the purpose of bringing 
 on a miscarriage. He then took the ii..strument away, and told me 
 it would come for sure this time, and gav<. me live powders, and told 
 me to take one every two hours, to b. iiig on Mie pains. I came home 
 and took three of the powders before I weni to bed that night. They 
 were black powders, and looked like slate pencil dust. The two 
 powders sliown me are the ones I di<l not tnkf. Last night I told my 
 sister ,to get them in my dress wh,>re they were secreted, and give 
 them to Dr. Moore. She did so in my presence. I thought it would 
 be good evidence. Dr. Moore did not suggest this to me. I woke 
 tip on Tuesday morning in great pain, and suffered fearfully all day. 
 Sparham had told me not to fear about the pain, as there would be no 
 harm from it. I bore the pain as loi.g as I could, and then got my 
 sister LiUie to go for Doctor Moore. The Doctor came, and I told 
 him everything, as I tell it now. Mrs. Sp.rham was present at the 
 second and third operation, and said not to fear the pains, and if it 
 were possible to go up there, wl.en the j.ains come, and it would be 
 over in a few hours. She assisted the Doctor by holding my feet. 
 When Doctor Moore treated me, he spenud to relieve me, and eased 
 the the pain a great deal. Doctor Moore stayed all Tuesday night, 
 and was very attentive, and seemed to do all he could to save me. I 
 have hardly any pain since Doctor Moore began to treat roe. I have 
 been very sick since Tuesday morning. I had a miscarriage on 
 Tuesday. It was the result of the mpdicii.es given me, and the 
 operations performed on me, by Doctor Sparliam. My present illness 
 «s the result of the operations and medicines. If I die in this sickness 
 I believe it will be caused l>y the operations performed on me by 
 Doctor Sjiarham, at the instigation of William Greaves. The 
 operations were performed, and the medicines were given, by Doctor 
 Sparham, with the intent to procure ny miscarriage. I make these 
 statements in all truth, with the fear of God before my eyes, for I 
 firmly believe that I am dying. 
 
 (Signed) 
 
 (Signed) 
 J. K. Read, J. P. 
 
 Sophia E. Burnham. 
 
 i2 
 
 ; 
 
 / 
 
58 
 
 A DEFENCE Ot' 
 
 A more remarkable document never before issued from tlie pe/i 
 of a scribe, taking down the last testimony of a human being, about 
 to be launched into eternity. H<n-e was a womm, whom one ex- 
 perienced physician thought to be dying in tho morning, and whom 
 another experienced physician found " very low and prostrated " in 
 the evening, tolling the story of her wrongs with that perspicuity of 
 description tliat, under the circumstances, borders on the marvelous. 
 She was evidently a woman of strong convictions, invincible deter- 
 mination, and powerful antii)athie;<. Quarreling with her brother-in- 
 law, Dr. Moore, she does not spaak to him f.n- months, and the man, 
 who, by her owu story, sought to save her from a life of shame and 
 disgrace, she describes for purposes of detection, with that thorough 
 finish in detail, that would serve to identify him in the remotest 
 hamlet of the Dnninion. His stature, his voice, his hair, his beard, 
 with the grey sprinkled through it, his complexion, with its shading 
 of paleness, his ordinary clothing and its outer covering, his de- 
 meanour, his distinctive name, and the house he lived in, have all 
 been described with that faithfuhiess of portraiture that, under the 
 circumstances, and in her situation, excites our astonishment. Then 
 how apparently eager to establish the^'lt of the accusf.'d, for she 
 says, she thought the powders in her dress pocket " would be good 
 evidence." Once embarked in the project of destroying -.lie liting 
 ijerm within her, she pursues it with a relentle.ssness of purpose that 
 knew of no hesitancy. She " could not wait until the next day," 
 because she wanted to go to Brautford on Wednesday, and her sister 
 might suspect her. Four week.s after her seduction she was so tirmly 
 convinced of her pregnancy, that she began to take pills to set matters 
 all riglit. From that time forward, she never once looked behind her. 
 Medicines or instruments, it mattered not which, a.-, long as the end 
 was reached. Whatever she thought she knew, she knew it most 
 positively, and there could be no mistake about it. She knew sh« 
 was pregnant at four weeks; she knew j^e had a miscarriage on 
 Tuesday; and she knew that Dr. Sparham gave her medicine", and 
 used an instrument, to bring on a miscarriage. We venture to say 
 that not another woman in the Dominion, pregnant with her first 
 child, cou^d more than barely suspect her condition at the end of four 
 weeks. How did she know she had a miscarriage on Tuesday, for 
 not a physician at the trial would damage his reputation by positively 
 testifying to it •( In the same way that she knew she was pregnant 
 at the end of four weeks, and had a miscarriage on Tuesday, she knew 
 
nu. ERIC KENZEI, SrAUHAM. 
 
 69 
 
 that Dr. Sparliam gavo medicines, and useii an instrument, to produce 
 a niiscan-iage. Now, wliilo she described eveiy incident of her 
 trouble with surprising minuteness of detail, giving the words used, 
 thi hour of the day, and in one instance the few ?nintitos after the 
 hour, the localities, the goings to and comings from, yet in no instance 
 does she say, that, Dr. Sparham said he gave medicines, or used an 
 iustruiufnt, witli the intent spocitied in hei deposition. Tlie idea of 
 )v miscarriage existed .simply in her own brain, because she believed 
 Hhe wa,s pregnant, and that certain actions on the part of Greaves and 
 Spvrltain, whioli wer' to make her, as she says, '■ all right," would 
 necessarily result in an aboi-tion. It by no mnans follows, that because 
 she had positive convictions of her own j)r;;gnancy, tliat Sparham 
 shared in them. It is ce-tain that he could not h.ive been convinced 
 because, as a mo Heal man, he coiild not pos^bly know. The whole 
 secret of her mistake, with-regard to Sparliani's and Greave's inten- 
 tions, she involuntarily lets drop, in the beginning of her narrative, 
 when she says. Greaves told her, "he would get me some stntf that 
 would make me all right, that is, that it would bring on my monthly 
 courses." A young woman, startled by the horrible suspicion that 
 she is in a condition to bring disgrace upon herself, and dishonor upon 
 her family, importunes her seducer, who in tvirn importunes his con- 
 fidential medical attendant, and tlie result is that medicines are given 
 to " bring on the courses." These are the words she used, and who 
 <loubta, after reading her deposition, that those were the W(^rds she 
 was told. It matters not what interpretation she put upon that 
 language, in her own mind. P>ut it matters everything,- as to inten- 
 tion on the part of the accused, that she shouhl have been told, that 
 the object of giving niodicines was to bring on her courses. All the 
 rest was inferential on her part. While she does not scruple to tell 
 everything that was said, bearing on the case, even varying the 
 phraseology to make her meaning clearer, yet she speaks of her mis- 
 carriage, and the means used to effect it, not as !i thing she was told 
 about, in- so many words, but as a foregone conclusion, just as her 
 pregnancy was. Maddened by the thought of future consequences, 
 she was acting on the offensive, giving no rest until she could be as- 
 sured she was safe. On the other hand. Greaves and Sparham were 
 acting on the defensive, impelled by the force of circumstances to do 
 fiomething to quiet, to procrastinate, to aveit a great calamity perhaps, 
 for who knows what such a woman might do under circumstances of 
 great inental distress? Shall a physician refuse to give his female 
 
60 
 
 A DKFENCE OF 
 
 patient medicine, whose menstruation has ceased for one, or oven 
 two periods, because he knows she has been seduced? If he |)ositively 
 knew, or could by any possibility know at that early period, that the 
 woman was pregnant, th m for him to give medicines to bring on her 
 courses, would justify the suspicion of an intent to produce an 
 abortion. But in the absence of any certainty of diagnosing 
 pregnancy, it is held by many conscientious physicians, legitimate and 
 proper to prescribe for the amenorrhoea (cessation of menses), when 
 the careful and judicious treatment of that derangement could 
 not possibly cause the products of conception to be (..vpelled. 
 Were he to act otherwise, would be to stand with his arms folded, and 
 permit his unfortunate patient oftentimes to continue sick and des- 
 pondent, for three or four months, until he is able satis. actorily to 
 diagnose her condition, when, to his mortification, he finds perhaps 
 no pregnancy, but tubercles in the lun^s, in consequence of his 
 dignihed inactivity. We know we tread on dangerous gi-ouud, hut 
 when so much is necessarily left to the judgment and .liscretion of a 
 physician in matters pertaining to derangements of health will 
 society mako a cast iron law for him in this particular, which shall 
 say : give no medicine to the married woman, or the unmarried 
 seduced woman, who has amenorrhoea, for fear she may be pregnant 
 There are cases of incipient pregnancy, where ill health from anxiety 
 IS so great, that it wonld be almost a sin to withhold medicines, because 
 the won!an frankly confesses she has been seduced, and fears she is in 
 the " family way" In such a case, all the ordinary symptoms of 
 pregnancy may be absent, and it is a matter of doubt whether the case 
 IS one of amenorrhoea or pregnancy, shall the physician refuse to treat 
 the former, although he is confident his treatment will not disturb 
 the due course of the latter, when treatment means the removal of 
 anxiety, the restoration of color to the cheek, and the regulation of 
 the functions of assimilation and nutrition ? The antipathy of the 
 woman Burnham to Dr. Sparham, is one of the marked features of 
 the deposition. Terms of doubtful import, by which his identity 
 might fail to be established, or the guilt of her final undoing fully 
 brought home to him, were re-arranged, to impress the dullest com- 
 prehension. To say that she was in the " family way" was to her not 
 sufficiently explanatory, and she hastens to declare that she meant 
 she was pregnant. Then with what relentlass signiticai-e of vf-potition 
 she declares :-"The pills and medicines given me by Greaves, were 
 given me to procure my own miscarriage ; " " the instrument was so 
 
DR. ERIC BENZEL SPARHAM. 
 
 61 
 
 introduced to bring on my miscarriage ;" " the instrument was intro- 
 duced and used on Sunday, as on Fiiday, to bring on a miscarriage ;" 
 "and performed the operatioa again of introducing an instrument 
 into my womb, for the purpose of bringing on a miscarriage;" "I had 
 a miscarriage on Tuesday, it was the resuU of the medicines given mo, 
 and tlie operations performed oh me by Dr. Sparham ;" " My present 
 illness is the result of the operations and medicines ;" " If I die in 
 this sickness, I believe it will have been caused by the operations 
 performed on me by Dr. Sparham, at the instigation of William 
 Greaves ;" " the operations wer? ^..^f jv ,^ied, and the medicines given, 
 by Dr. Spirham, with the inte it to proc ue my miscarriage." Surely 
 no one could be mistaken as t. ■ li<-i mean ag, yet she absolutely could 
 know nothing about the truth of ^vhat < e so positively asserts her 
 conviction. She was just as ceriiv t that she was pregnant, and that 
 an instrument was introduced into her womb, or that the injections 
 she used entered the womb, which would be an impossibility. 
 No doubt she was convinced of the truth of what she deposed. 
 But was it true? To arrive at the truth contaiued in her deposition, 
 we must disentangle the facts from the iufei-ences. It was cer- 
 tainly a fact, that she got medicine from Gr(>aves to bring on her 
 courses ; that she states positively. It is evident, however, that she 
 thought to " bring on her courses," and " to produce a miscarriage," 
 were one and the same thing. To her, this mistake made no difference, 
 but the same mistake in Dr. Sparham would make every difference 
 because he could not possibly bring on her "courses" by inducing 
 an abortion, and a judicious attempt to restore tlie menses, would be 
 most unlikely to produce a miscarriage. Besides, the treatment of 
 amenorrhoea is legitimate, but the induction of abortion i.s rarely a 
 necessary procedure. We feel a.ssnred there is sufficient evidence 
 in the deposition itself to dis|»rove any attempt at abortion on 
 the part of Dr. Sp.oa-ham. It was an inference, however, that an in- 
 strument was introduced into her womb, just as clearly as it was that 
 the injections were to enter the womb. If the instrument was to be 
 introduced into the womb, for what purpose did Sparham want the 
 better light 1 A physicicn never requires light to guide an instrument 
 into the womb. Better light would not avail him at all, without he 
 used a speculum, because if he had a thousand eyes, and the effulgence 
 of a thousand suns, he could not see anything without a speculum. 
 Sparham's demand for a better light, clearly establishes the fact, that 
 he used a speculum, which could only be used, in her case, for pur- 
 
62 
 
 A DEFENCE OF 
 
 poses of diagnosis. Now, if an instrument were inh-odnnerl into I.er 
 womb, she would be unable to locaJize any sensation from it It 
 might be m the back, or in the abdomen, or thiglis ; so Ihat for iier 
 to say that an instrument was introduced into her womb, would be 
 to declare what she could possibly have no knowledge of, from her 
 own sensations. That si.e was not tol.l so by Sparhan. is certain for 
 , she has taken good care to tell everything that could establish the 
 guilt of the prisoners.- That injections were to be syringed into the 
 womb, that an instrument was actually intro.luced into the womb or 
 that medicines w.'re given, and operations performed on her f.,r the 
 purpose of bringing on a miscarriage, are n.erelv ti,e inferences of a 
 woman thoroughly impressed with a certain fixed idea. We wmt 
 the facts, and the facts only. By them we are prepared to stand or 
 tail. It may be objected tiiat Greaves tol.l her, 8parham would use 
 an instmment. Ofcour.se, and Greav.-s likewise told her, the injec- 
 tions would go into the womb, when Sparham could not possil)Iy have 
 told him so, unless he lied, for ho kiu-w better. The fact w'as, the 
 woman was pertinacious in her inquiries, for she was bound to be 
 satisfied that these men were acting in goo<l faith. To he told, that 
 injections could not bo made to enter the womb, by her own unaided 
 efforts, would have been to her an incomprehensible means of accom- 
 plishing the end in view. Hence, Greaves told her the injectins were 
 to go into the womb, for she could understand, how water im- 
 pregnated with medicine, by entering the womb, might dislod.re the 
 products of conception. She was evidently ivstless an.l .suspicious of 
 the uselessne.ss of all medicines, for had she not been taking pills and 
 drenches for. a whole month, without effect, and to be told that when 
 all else failed, instruments might be efHci(>ntly employed, would be to 
 satisfy and cpiiet her. (Jreavos was certainly at his wit's end to 
 prevent an outburst of fury and a s-ne, and unfortunately Hparhara 
 m his weakness must have lent himself to the deception. But tiiat 
 he did any more than this, is an nsult to common sense, and a con- 
 travention of facta. Let it not be forgotten, that Hparham only gave 
 medicines to bring on her cour.nes, wiiich, as a physician, he luul a 
 perfect right to do • but that he give them for an illegitimate purpose, 
 has not the slightest shadow of proof, only the vague deductions of a 
 mind ill at ease. That ho also u.sed a speculum, we do not discredit, 
 
 the presunintivo o . leucn beimr i.. f,)v,^,' «.r u i...^ .. .... ,i .ij 
 
 not effect, and would not be used for purposes of abortion. We take 
 the position, supported l^ facts and warrantable probabilities, that 
 
DR. ERIO BENZEL SPARIIAM. 
 
 63 
 
 Dr. Spailiam tieutitl his patient for idiopatliic suppression of the 
 menses, which, in the event of pregnancy, woukl not tend to disturb 
 it. That the nature of the medicines he prescribed, whether hy 
 mouth or by injection, would bear out that conchision; that not Vieing 
 able to diagnose pregnancy, lie honestly treated her for amenorrhoea, 
 which might be the diilii ulty ; tliat neither Sparham nor Greaves told 
 tlio woman that a misuariiage was to be elfocted, but that h<n- courses 
 were to be brought on ; that although Sparham miist have known th« 
 meaning attached by (lie woman to the phrase*" would bring on my 
 monthly courses," yet, for (jbvious reasons, he did not se^k to instruct 
 her as to the true .stile of the case, because she would not, in her 
 frenzied condition of mind, submit to any treatment, except that 
 having for its object the expulsion of the products of conci'i)ti )n. 
 Thit some kind of tnatni'-nt was neces.sary to net the morbid 
 anxiety of the woman iis tc ln-r comiition, may be inferred from the 
 history of the case as given by herself. Now, the true state of the 
 case may be sununed up as follows: — After her seduction, Mias 
 Burnham wish(>d (Jreaves to marry her, which ho refused. When 
 her "cour.ses" did not come on at the next pcu-iod, she stated her condi- 
 tion to (ireaves, who promised to get something to bring them on. 
 For that purpo.se, he piocuie 1 Sir James Clarke's |)ills. These failing, 
 he applied to Si>:irham. Sparham knowing the impossibility ot 
 diagnosing piegnancy at that early period, and hoping tlrnt her 
 " courses " had ceas(Hl from natural causes, concluded to trout her for 
 idiopathic su|)|iressiou of the menses, expecting that when the next 
 monthly period came arcnind she would be all right ; that in order to 
 persuade her to submit to suoii a len'.;thened treatmtuitj Greaves told 
 her that all failing, instruments might, be etrectiv(^ly used; that she 
 finally insisieil upon the fu'tilment of liia promise to u.se instrnmetits ; 
 that iier importunities were ho great, and her morl)id anxiety border- 
 ing on frotjzy so evident, that Sparliam did use a Bpeculum, partly as 
 a placebo, and paitly for the purpose of examining the mouth of tho 
 womb ; that observing a congested oomlition of tho womb, probably 
 arising from the action of the small pox poison on the mucous 
 membrane of the genitals, he felt certain that menstruation wn« just 
 about to take place, and hence ho told her "it would come for aire 
 this time ;" that at this very time she was already infectttd by small 
 pox, whieh-. prodn.eiiitt abortio'l, yavn riso to puernural fever iind 
 death. As corrobeiativo evidence that theio was no understanding 
 between Greavea and Sparham to procure an abortion, and that oiir 
 
94 
 
 A DEFENCE OF 
 
 Deposition of Wm. H. Greaves. 
 Province of Ontario, ) I WilUnm tt n 
 
 person on his part, either directly or incZe dv it ' "' 
 
 Bo„ Jl sit" ' "■"""'• '"'^'•"^ "■■ '"'"'■«'"J'. 8-» the „id Dr. Eric 
 
 con-icd t,,e^J;;;, ' ■ "■"' "'"■"°'"' °^ "-^ f'"'-" - «ny way 
 
 3. That I never, diiwtly ,,r i„,lirectly, by myself „r bv «„» 
 
 other per»„,. ,.„ „,y behalf, „,pp„ed the .aid So,.ld 1 a'iC 
 
 en ble her o have .„ abortio,, ,K.rf„r,„„d, or .t.,„„|,tM ,. b pe^ 
 for,„ed, o„J,er by any ,«,„„, „,. fo,, „„y .„„,, J, P"^" 
 
 S«.,„ before me at the Kingston FVnitontiary, at .he Oif, of 
 Kn,g.to„^.„ «,. connty of Frontenao, thi. U.X. ,Uy „f dI™!:' 
 
 • E. H. D,CK,o», <"*"'"'* ^- "■ «""V>8. 
 
 ^ Co/tmiiaaioner, d-c. 
 
 th. ^[^^'.'r''^'^'''', "'■ '^•^^". t»"' Toronto ahcrti.ni.st, be taken by 
 the authontu.. and be conniderod HufHoin.tly relial-N; to ca " .1 
 acUon to ha aga,nBt Alderu.an Cl„nn,„t«, «urel, tho evid.,I 
 CJroaveH who was acce.Hory before the f«.,t. J.l could not Iv. 
 I'X '" ;""• ''"''^' *'"' •'•^'^^'' '"• ^'"" — '. «"«ht to e more 
 ^t. < od..nt, of the two w.tne.seH. His t.Htin.,ny, together with thn 
 ^...^-.aavo evu,ou.« we have alrea.ly adduced, sh.mid clear up all 
 romuuung doubts, which the most sceptical may entert^un, with r.4 
 
DR. ERIC BENZEL SPARHAM. 
 
 95 
 
 to the innocence of the accused. For fear, however, that some 
 vestiges ot incredulity may exist with regard to Dr. Sparhara's treat- 
 ment of bis patient, we shall now consider it, in as biief a manner, 
 as is consistent with clearness and comprehensibility. 
 
 No one knew better than Dr. Sparham, a skilfuP and experienced 
 physician of twenty years standing, the eflFect of meiicines in produc- 
 ing an abortion, and the danger arising from the use of instruments 
 for the same purpose; and we would naturally expect that his pro- 
 cedure, if he had any reason to suspt ct i> probability of pregnancy, 
 would be characterized by extreme catitiua, having, \yith instinctive 
 professional guardedness. the safety of his patient in view. Upon 
 reading the woman's deposition, three fucta of peculiar significance 
 stand prominently forth : 1st — The numns of certain drugs used, itia 
 said, to produce a miscarriage; 2nd -The employment of vafrinal 
 injections in aid thereof; 3rd— The use of a tubular instalment, 
 which was a reserved force t'^ effect the coup de grace. The medicinea 
 mentioned in the deposition as given to his paiient by Dr. Sparham 
 were iron, myrrh and aloes. We will first speak of the general efiecst 
 of medicines in producing abortion, and of these medicines in 
 paitioular. Dr. Taylor in his standard work on Medical Juris- 
 prudence, page 415, says:— " Medical substances are perhaps more 
 frequently resorted to, for inducing criminal abortion, than other 
 means, but thev rarely answer the iutended purpose, and when thin 
 result is obtained, it is generally at the expense of the life of tho 
 mother." There is no drug, pays Mole, " w^uch will produce miscafr 
 riage in women, who are not predisposed to it, without acting 
 violently on their system, and jjrobably endangering their lives." 
 Copeland says :— " Where abortions of a stimulatmg character suo- 
 ceed in causing a miscarriage, they can only do so at the risk of de- 
 stroying the woman's life," De La Motte also states :— " That he has 
 seen the most energetic evacuants produce gastritis, enteritis, peritoor 
 itis, and death itself, without al)ortion following as a consequence." 
 We have produce J tho above extracts to show the oxtromo hazard of 
 using medicinal substances toeffect abortion.and tho very great improb- 
 ■ftbility, that an educated medical m^n would employ them for that 
 purpose. Now, it is oha''g«l in the deposition agxinst Dr. Spai ham, 
 that he did give certain drugs to bring on a miscHrriage. The fact 
 was established, that he administered certain drugs, tlie names of 
 .which were specified, with the exception of a powder, that looked 
 like a phosphate of iron ; but hit. intent has been, as we have soeo, 
 
 
W> A DEFENCE OF 
 
 only inferred. The woman's evidence, as to facts, is good, bu: her 
 deductions are quite a different thing. If she had deimed that 
 Spai-ham gave her medicines, telling her that they were inien.iel to 
 cause her miscarriage, then that would be a fact, and the conclusion 
 would be irresistible, in the absence of positive rebutting testimony, 
 th^tt his intent ^as crinunal. But if, on the other han'I,'^he g^ve her 
 medicines, and told her those medicines were to bring on her 
 ♦'courses," then, -^o matter what her convictions were, ve must 
 accept the statement as literally true, without it can be shown, that 
 the medicines would not have the effect of bringing on a woman's 
 "courses," or that an additional piobable effect would be to piwure a 
 miscarriage, in the event of pregnancy being the cause of the "coui-sea" 
 having ceased. This is an honest and reasonable statement ot the 
 case, and by it Sparham's intent must be judged. From the de| .osition 
 we learn that Sparham caused to be administered to her a mixture of 
 iron, myrrh, and aloes. We shall examine these medicines separately 
 •nd in combination, and judge of their physiological etf.cts and 
 therapeutical indications. But. firat of all, we would direct tiie 
 attention of +be reader to the fact, that medicines sometirnep act upon 
 pregnant women harmfully at an advanced stage of utero ges(ation, 
 when at an early period they are remedial and beneficial. Without 
 this fact is constantly borne in mind, our deductions m. • nc.t b© 
 entirely in accord with the experience of some medical r. .. And 
 in S|H iiking of those medicines m particular, we would have it undet^ 
 •tood, that our remarks hS-e intended to apj>ly to cases of pregnancy in 
 the earhj month, as the one utider consideration, without it°is otiiei^ 
 wise stated. What about iron t Did any medical man ever know 
 of iron pi-oducing an abortion? Cazeau, the celebrated French 
 •ccoucheur, after maintaining the view, that the system during 
 preamancy is in a state of anaemlo^hlorosis, says ;— "An .-inimul diet 
 •nd the administration of chalybeates (iron) have for mnny years 
 •eomed to me to be as useful against the functiouHl disoideis of 
 pregnancy as against those of chlorosis." Dr. I^i.-hman, while 
 admitting that iron sometimes deranges the digestion of a piegnant 
 woman, and that she is frnpiently in a chlorotie condition, renarka: 
 •' The only class of medicines which stand prominently in a<i ,., / 
 others in the ti-eatment of chlorosis, (of pregnancy) are, ofcc r-^ .„« 
 various preparations of iron, which should, therefor... in every casa be 
 tried." Here we have the highest French and English Mithr.iity m 
 to the theraiKJutical indications of iron in pregnancy. jSTow, Copland, 
 
DR. ERIC BENZEL SPARHAM. 
 
 61 
 
 in his " Dictionary of Medicine," vol. 1, page 10, says :— " When 
 from our knowledge of the state of the ovum in previous abortion, wo 
 suspect a repetition of it, we may endeavor to prevent it by using 
 those means which are most successful in imparting energy to the 
 constitution, and through it to the generative functions, so that the 
 process of foetation may proceed to a successful issue. This is perhaps 
 best accomplished by change of air, the use of the tonic mineral 
 waters, both internally and in the form of baths, by the mineral acids 
 given in the infusions of the bitter tonics, or with the solutions of tha 
 salts of iron, as the Tr. Fen isesquichloridi * * and by attention to 
 the state of the bowels, to diet, and gentle, "out regular, exercise." It 
 it not a little remarkable in this connection, that while Dr. Sparham 
 has been specially charged with an attempt at abortion by the use of 
 drugs, the very first one on the list is shown to be not only a desirable 
 remedial agent for a very common derangement of pregnancy, but 
 actually recommended by very high authority in cases of anticipated 
 or threatened abortion. Next we have myrrh coming up in review. 
 This medicine has been unaccountably claimed by the ignorant as 
 having abortive tendencies. We never yet heard of an instance of 
 its i)roducing abortion, and believe it to be no more abortive than 
 castor oil. It is a tonic and stimulant, and says Stille, vol. 2, page 
 602 :— " It has been found very useful in atonic dyspepsia character- 
 ized by flatulence, mucous evacuatious, constipation, and associated 
 nervous disorders of a hysterical or hypochondriacal nature. In this 
 affection it is advantageously associated with vegetable bitters and 
 ferruginous (iron) preparations." Who doubts, after reading Miss 
 Burnham's deposition, that she was hysterical, and even hypTchon- 
 dria<^al ; yet here is myrrh in combination with iron recommended for 
 that ve»7 condition, by a man who evidently understood his bi' .,.jo» 
 Turn again to Copland's " Dictimary of Medicine," vol. 1, \)ugB 6, 
 and find :— "Hysterical states of the nervous system" as predisposing 
 to abortion. As far then as iron and myrrh are concerned, 
 while they are shown not to be abortives, they are among our raos* 
 effective agents for removing pecviliarities of condition, that tend to 
 produce abortion. We now fall back ujwn aloes, which t «nu8 to be tha 
 bug-boar. What do the best authorities of the day say of it and ita 
 class 1 Taylor, in his Medical Jurifipnidenco, says :— " Purgativea 
 l;.i. 1 ~.....i. »»....:.,:>.» nrill rouililv rti-nrliinA Abortion in tha 
 
 advanced stages of jregnanoy, but those violent modicines/oi/ in tbeif 
 •ff«ct in tha earlier stages. The subBtancos just mentioned oxort aa 
 
68 
 
 A DEFENCE OF 
 
 xnd^ achon on the uterus by producing shock to the ^...ral 
 sr tem. Here are two facts vorthy of comment : Ist-Pur-a^.v., 
 &.1 (no quahfication) to produce abortion in the earlier mo^th. .f 
 pregnancy; 2nd-They .-un only produce such effects h. shock t<. th. 
 gene.^1 system, and hence must bo given in .normous doses, sufficient 
 
 IrTnt rr K ; 1' " ^""""^^ ^"^^^^^ '^^^ Tayl.-, still n.ore 
 ^nng, U.a abor .on by medicine, is «genn-a ;. at the expense of 
 the hfe of the mother." But if Dr, ^^parham h.i really intended :v 
 p^xiuce abortion by aloes, why did he give it in cou junci Ion w:. i, iron 
 ^ myrrh, which, as we have seen, .e, under eortan c.ndit.on., 
 actvnl preventives ol sucU an untoward event] The v>ason in 
 OuMous, a, will be aoon-made apparent. What we a^. at ^re,ent 
 more concerneu a.out is the pz-oof that aloes, equally with iron and 
 
 abor^^jon. No mec. v mau. who knows anything about tu history 
 of this unfortunate . .e, vo.,ld hesitate to say, that th. woman 
 Burnham .va« m an hysterical and hypochondriacal conditi .. Her ■ 
 ^l^^u . ^^ther-in-law, Dr. Moore, and studied .oldness" 
 
 ^^u"^ T^^T.'' "'^''^ ^'•^^ ""'™^^« ^"°"- -' *he trial,uad her 
 imtabxhty and morkd anxiety to get rid of the source of her .! ame. 
 
 Wonder f ^ ""I' ™"' ^'^'^ ^"^P"'* ^^ «-«*--' -d>-,o i . 
 Wond the shadow of a doubt. Now, in hypochondriasis obstinate, 
 constipation is the most constant symptom, and in hysteria it is a 
 -..nmonone. (see Reynolds, Copland, «. pa««zm.) It would, then, be a. 
 na..«ral urferenoe, that such was the case in this instance. Copland 
 -ays chat "oonstipation" is one of the ''exciting" causes of abortion ; 
 and Dr. Lee who edits Copland's "Dictionary of Medicine." in the 
 article on abortion, i-emarks : "pressure exercised on the uterus by 
 the bladder and rectum, when these organs are distended," r re ex6itini; 
 causes. No purgative would probably be equail , effective with aloe. 
 in obviating constipation, and by some medical men it is habitually 
 used m the constipation of pregnancy. But where used in conjunction 
 with iron and myrrh, a three-told object would be secured, namely, 
 removmg debility, correcting the hysterical and hyi,ochoniriacaI^ 
 tendency, and regulating the intestinal discharges. We look t fh«. 
 connection in which medicines are given by a judicious and ec d 
 
 practitioner, te judge of hi» intent, and we venture to assr - ,huf 
 wnen Dr. Spaiham prosci ' iron, mvrrh un,i ^i^- ^.^ ■ ^ ^ 
 had no intention of produ. an abortion: It wkTjo • ' v . Li, 
 ment as a well-informed medical man would most likely a(Sv. '.njuni 
 
 
i 
 
 DR. ERIC BEKZEL 8PARHAM. 
 
 69" 
 
 such a woman, in a similar condition, who was morbidly anxious to 
 retain the products of conception. Then it must not be forgotten, that 
 she was taking the above mixture for a whole month, which clearly 
 indicates, that the Doctor was striving to strengthen her and .improve 
 her blood, so that when the time came for her menses to appear, her ; 
 system would be in a suitable condition for its spontaneous evolution. . 
 To prove that this is the legitimate. eflTect of the medicines adminis. 
 tered to the woman by Dr. Sparham, we are obliged to quote again 
 from Dr. Stillef, who, in his " Therapeutics," vol. 2, page 602, says : — 
 "Amenorrhoea (suppression of the menses) and scanty menstruation* 
 when they depend on a cold, relaxed, and torpid state of the system, ; 
 are benefitted by myrrh, especially when in combination with iron, as 
 in GriflSth's Mixture." Again he says : — " There are cases on the 
 other hand of simple ansemia with scanty or suppressed menstruation, 
 accompanied, in the former case, with some degree of uterine pain, 
 and, in the latter, replaced by an ineffectual and painful effort, recur- 
 ring with more or less regularity at monthly periods. Such cases are 
 usually cited as indicating torpor of the uterine system, and it is 
 certain, that in their treatment an almost essential adjunct to iron 
 consists in the use of almtic laxatives, and such general hygienic 
 measures as tend to p'^imulate and strengthen all the functions of the 
 economy," (Stille, vol. 1, page 468). We have now said sufficient 
 concerning the medicines administered by Dr. Sparham, to establish 
 beyond a reasonable doubt, that he did not intend to produce abortion 
 by them, but that his object was, in every sense, a legitimate one in 
 treating his patient for idiopathic suppression of the menses ; more 
 especially, a« such treatment could not possibly interfere with the 
 natural course of pregnancy, if such existed. We next turn our 
 attention to the use of vaginal injections, which have been supposed 
 to be another link in the chain of circ-mstantial evidence, tending to 
 criminate the prisoner Sparham. We admit, that vaginal injections 
 have been used to bring on premature labor when the child is viable, 
 and might, if there was a strong predisposition to abortion, effect it 
 in the earlier months; but they are attended with so many risks, while 
 much safer and more effective methods of producing the same result 
 are known, that they have fallen into deserved disuse. But vaginal 
 injections are likewise employed to assist in restoring the menses, 
 whoQ they havG boon doiayea or supprcssou. An esserxtial aujuaet to 
 the'T success in causing the foetus to be expelled, would be a foreible, 
 impinging of a steady stream of warm water against the loweri 
 
70 
 
 A DEFENCE OF 
 
 segment of the uterus for ten or fifteen minutes at a time, and such 
 injections used frequently in the day ; so thnt ap^irt from the d^^nger, 
 it is rather a clumsy method of effecting what might be accomi.lished 
 much moj-e readily and saf.ly. In readii.g the depcsiiion, we find no 
 Buoh directions given as the above. A pint .of water was used at a 
 sitting, whereas it would require quarts to make it anyti.ing like a 
 success in producing a niiscai riage. To act as an abortive, it must be 
 used with such force, and for such a lengthened period, tis to produce 
 a. shock, and thus, by reflex action, induce labor pains. Whereas, 
 when used to restore the menses, it acts like a shower bath upon the 
 Skin, by attracting the blood to the part, which object is attained by 
 a minimum quantity of fluid ; for as in the shower bath, so in this 
 case, a shock is in every sense to be avoided. Then, it will be 
 remembered, thatSparham had been for a whole month preparing her 
 system for the natural restoration of the menses, by medicines, wlose 
 effect would be antagonistic to any such attempt at abortion, because 
 the better her general condition, the loss likelihood of his being able 
 to produce an amount of shock, necessary to bring on labor pains. It 
 will not be forgotten, by those who read the evidence of the Toronto 
 abortionist, Davis, that after using the metallic catheter and syringe 
 Lis victim felt a shock and a chill. No doubt he introduced a male 
 catheter into the womb and syringed water by that means into it. It 
 will be thus plain, that VHginal injections to bring on abortion must 
 produce shock, and to produce shock the fluid must be impinged 
 against the lower uterine segment with continued force. In eve / 
 way, however, it looks unreasonable that Sparham'a left hand should 
 strive to undo what his right hand had labored to build up. But we 
 find him directing medicine from a bottle, to be used with a pint of 
 water. Accoixling to Stille, vol. 1, page 328, Lavagna used injections 
 of liquor ammonia diluted, for suppression of menses ; and on page 
 367, he records the fact that Retzius, of Stockholm, used vaginll 
 injections of lunar caustic for the same purpose. Now, we never 
 heard of medicated vaginal injections being used to induce a miscar- 
 riage, and would consider that giving them with that intent, and in 
 sutticient strength and with such force as to effect it, would be incuiTing 
 a risk too great to be thought of for a moment. From these facts it 
 will be apparent that Dr. Spaiham, by recommending medicated 
 
 yaginal iniections -wast oimtilv />uT...'.ri'nr. r>.,«- j-i i _ i^ • 
 
 - - 1--,- j---=, ••'!!,• vuc raiuc genera,! plan oi 
 
 endeavoring to restore the menses : Ist— By a course of strengthening 
 medioinw, calculated to impart vigor to the system, improve th« 
 
DR. EKIC BENZEL 8PARHAM. 
 
 71 
 
 condition of the blood, and regulate the secretions; and 2nd -By 
 stimulating vagina! injections to aid the nienstrvial nisus, just as we 
 ordinarily use stimulating hip-baths ; for it will not be forgotten that 
 the injections were used at the close of the second month, when the 
 menses ought to appear, if there were simple suppressiou. If 
 Dr Fparham were an igno.ant quack, we would not pretend to 
 fathom his motives or account for his actions, because then, we might 
 exprct from him any . gregious act of folly. But that a man of skill 
 and experience should do that, winch we can o.dy attribute to grosa 
 ignoi-ance, or blind infatuation, is asking too much to believe, until 
 we obtain more reliable proofs that knowledge is but an igneuB fatuns, 
 and tl.at one, held responsible by the laws of his country, is a fit 
 subject for a lunatic asylum. We have already referred to the 
 instrument, which the woman s.ys, was introduced into her womb, 
 although she does not tell how she knew that important fact. The 
 only proof, she could have, of the instrument having entered the 
 womb, apart f.om what Spu-l.am might have told her. would be 
 certain vague sensations, which it would be imposs.ble for her to 
 distinctly localize in that organ. She evidently thought the mject.ons 
 entered the womb, but that would be impossible, without she c.used 
 the nozzle of the svringe to enter the os-uteri, which would be 
 impracticable. Doubtless she thought, that everything passing into 
 the vaginal canal found its way, as a matter of course, into the 
 womb. But it will n-^ver do to permit her baseless deductions to 
 Bwear away the life and liberty of a man. In the absence of any 
 direct r)roof of the kind of instrument- used, we have a right to infer, 
 for reisons self-evident, that Dr. Sparham used a speculum, which he 
 could 80 manipulate that she .night say with perf^'ct truth, " he 
 moved it about in me." The inferential proof that the instrument 
 was a speculum.consists in the fact, that he must have "b»tter light." 
 To introduce a uterine sound, as Dr. Brouse suggested, does not 
 require light, becau e light will not avail anything, for the obvious 
 reason, that as the lips of the v«gina are closed, no liiiht can pene- 
 trate. Such an instrument would be introduced hy feeling for th« 
 OS-uteri witli the finger, and gui lin? the instrument along it into the 
 womb. But did he not use a speculum for the purpose of introducing 
 a uterine bom' into the womb? It is impossible to enter a uterine 
 gnund thrc 1 > X speculum up to the fundus of a womb in the second 
 month of pregnancy. Consider the axis of the womb in relation to 
 the wgina, which would be in the direction of a line dra^n from 
 
!72 
 
 A DEfENCE OF 
 
 the fundus through the oe-rttori, nx, impinging upon the centre of 
 the Sacrum, or ahnost i)6rj*jadioular to the plane of the bed. 
 Then consider the anuve of the sound, and the nan-ow openings 
 at the extremities ol the speculum, which would prevent the advance 
 of the sound further than the neck of the womb. It is a physical 
 impossibility to introduce a uterine sound throus'h a si)eculum up to 
 the fundus of such a womb, and by that, lueaui am sufficient force 
 to cause i, penetrating wound of the upper part of it Because, 
 to produce such a wound by an instrument necessarily curved and 
 •tiflP, the (iandle of the instrument would have to be depressed towards 
 the periiiLJim, or couch upon which the woman reclined, as any one 
 who has i'pplied the forceps with the head high up in the pelvis must 
 be avi ;• r J. Ti'or it is notorious that in the second month of p»egnancy 
 there is invariably anteversion of the womb. Then, again, the 
 fact of his requiring the speculum to introduce the sound* 
 shows that amount of timidity as to its introduction, incora" 
 patible with the amount of foi*ce nec^sarily required to pene- 
 trate an organ which Dr. Gray, in his " Anatomy," says, " ' : 
 about as dense as cartilage." In a document so important as the 
 declaration of a person upon tho eve of death, we are apt, out of 
 respectful reverence to the departed, and perhaps influenced by a 
 feeling akin to superstition, that to criticise it in the same sharp, bluff 
 way we might any other document, would amount to a species of 
 sacrilege. It may be, too, that we instinctively feel, that such a 
 document, given under such circumstanoes, is more apt to contain 
 statements more truth" ' than ve shoul expect un.ler the ordinary 
 circumstances of vigoro ..■ healUi, and a long prospect of life before 
 the narrator. We are personally conscious of this feeling, and 
 nothing but a stern sense r" I stice to the living, a11oye<'. with no kind 
 of disiespect to the dead, forces us to sift cat of the dejwsition, the 
 reliable facts from the unreliable deductions, Ihe facts weio, that 
 , the woman got medicines from Sparham to Li ,:g onber "courses"; tliiit 
 these medicines were iron, myrrh, a' aloes , that she had given to 
 her vaginal injections to aid the mi iit and that an irnsi nuuent 
 was 'j.sed bj being introduced into va^ la, ostensibly to aid the 
 
 Tiipdicines and injections. The groundless inferences wc that 
 inedicines were used to bring on a miscan-iage ; that injectione 
 entered her womb ; that an instrument was introduced into th^ 
 womb; that operations were performed to bring on a miscarriage; 
 and that her present illness was due to the medicines and operations. 
 
DR. ERIC BENZEL SPARHAM. 
 
 73 
 
 We have shown that the medicines are ordinarily and legitimately 
 used to bring on menstruation; that they are not used by men know- 
 ing their physiological effects to produce abortion, because they cannot 
 produce it, especially in the early months, without involving coinci- 
 dently the death of the mother ; that, on the contrary, they are em- 
 ployed to remove peculiarities of condition, lending to abortion ; that 
 a woman with an ordinary rubber syringe cannot cause an injection 
 to enter her womb; that a woman cannot sufficit'ntly Iqcalize her 
 sensations so as to be confident that an instrument has entered her 
 womb; that the strong probability is in ftivor of a speculum being used 
 by Sparham, but that a speculum could not produce abortion ; that if 
 a speculum were used, a uterine sound or similar instrument could 
 not be used simultaneously so as to ■ made to perforate the fundus 
 uteri ; that there are no facts, elicited from evidence, leading to the 
 belief tbat any other iixstrument, but one requiting "better light," was 
 used ; that a uterine sound does not requiie better light to use 
 properly, but that a speculum does. We have likewise shown, that 
 the long time, during which medicines were taken by Miss Burnham, 
 •vould indicate, that they could not have been prescribed by an 
 icated medical man for abortive purposes, but rather to strengthen 
 &L . build up. And that if those medicines were strengthening and 
 regui "^ing, as they 'undoubtedly were, abortion would not naturally 
 result from their use. We consider, that the deposition itself, by the 
 internal ev' nee it affords, contrary to popular opinion, ought to be 
 sufficient ti prove the charge of attempted abortion on the part of 
 Dr. Spatham. There is no evidence in it? to show that any such 
 attempt was made, nothing but assertions and inferences. But that 
 the inferences, when properly drawn, point in an oi)posite direction, 
 there can certainly be no reasonable question. Taking for granted 
 that the whole charge against Dr. Sparham is true, th; he did 
 attempt the abortion with instruments, what is the position he f>cca" 
 pied t Why this : that an educated medical man accepts as tru' the 
 ipse dixit of a half crazed woman, that she is in the 'family way " at 
 such an early period, that it is impossible for him to verify its cor- 
 rectness, and that he proceeds forthwith, upon such slim evidences, to 
 stab away at that which, at the very best, could only be a projection from 
 the inner surface of the womb, but which, on the other band, might 
 be nothing at all. If the woir. u had been pregnant four or five 
 
 
 -'\/nivi Ttr* 
 
 5" know ^^at a ft«->up. 
 
 
 thf 
 
 attempt would not appear so absurd. But as he could not know 
 
74 
 
 A DEFENCE OF DB. ERIC BENZEL SPAKHAM. 
 
 positively, it is incredible on the face of it. Now, we know for 
 certain that he did not accept her ipse dixit as true, for, aa we have 
 clearly shown, ho treated her for idiopathic suppression ol the menses 
 which would have been all waste powder in case of pregnancy. He 
 only used an instrument when, by her importunity, he was obliged to 
 do something to pacify her, and one use of it of course demanded 
 another. Doubtless he was anxious likewise to observe the condition 
 of the OS-uteri, to observe whether any glairy discharge was issuing 
 from it, besides arriving at some approximate idea of the existence of 
 affections of the womb which notoriously simulates pregnancy. Of 
 coui-se we can only conjee uire as to his reasons for using a speculum, but 
 if he doubted the existence of pregnancy, there are very good reasons 
 why he used it for purposes of diagnosis. That he did use one ig 
 quite evident, and that be did not use it to assist in procuring an 
 abortion is just as evident. We have now examined the proofs jwro 
 et con, and hope that the public generally, and the medical profession 
 in particular, will give them that careful consideration which the 
 importance of the case demands. We trust we have established from 
 incontrovertible scientific facts and deductions, that the woman 
 Burnham could not have possibly had a penetrating wound of the 
 fundus uteri, but that the opening observed post mortem was due to 
 natural causes. We are convinced we have pi-oven that the symp- 
 toms during life, and the morbid appearances after death, were due to 
 the action of a specific poison called small pox. We now claim from 
 the public a sentence logically demanded from the following portion 
 of Judge Patterson's charge:— "But if besides the wound there is 
 another cause, as from pus generated, it might be from small pox. If 
 that is so, and death was really caused by amall pox, then we could 
 not say that the wound was the cause of death, as the disease might 
 occur naturally." Gruided by ihe above judicious and equitable con- 
 siderations, WE DEMAND JUSTICE, AND CONFIDENTLY AWAIT THE DECI- 
 SION OF AN INTELLIGENT AND CONSCIENTIOUS BRITISH PUBLIC,