The colour of the lungs, which is of a bright red previous to inspiration, their situation in the thorax, and the situation of the liver and stomach, as well as the shape of the diaphragm, will afford more decisive proofs (Sabatier Memoirs deiacademie Royale des Sciences); but we will not accumulate what may be adduced to criminate.

Suppose it, however, ascertained that an infant is born alive, does it follow that the mother has been its murderer? The English law allows the concealment of pregnancy, and the want of provision for the infant, to be presumptive proofs of her guilt; though this has been most wisely and humanely put out of view by constituting it a distinct crime, with its appropriate punishment. But if children die soon after birth, when the most anxious attention is exerted to preserve them, is it not probable that, in circumstances like those we speak of, the fatal event will be more common? Is it not rather surprising that any should live ? The dangers that attend this first state of existence are numerous, and the neglects which may prove fatal are equally so. It is not our present business to point out these; and, indeed, we have through the whole discussion purposely avoided giving information that may be abused. The foreign authors on forensic medicine seem to aim at assisting criminal intentions, by industriously pointing out the means of their execution.

Wounds. The surgeon is often called to decide on the degree of injury sustained by these, and on the cause of death which follows them. When not mortal, and mutilation only is the consequence, the recompense which the law awards is proportioned to the injury sustained. The English law, however, makes the lying in wait, to maim, a capital offence, and with great propriety, as the lurking assassin is far more dangerous than an open enemy; and when it was alleged in a criminal's defence that the design was to kill, not to maim, the objection was overruled, on the principle that omne majus continet in se minus. It is not easy to kill without maiming.

Wounds are fatal either in consequence of the effusion of blood, or the destruction of the organization of some part essential to life. It is not here our business to enter into the legal distinctions in this very complicated subject; but to point out to the surgeon, for his observation, the various circumstances on which these distinctions are founded. The divisions of the civilians, and of the older forensic physicians, into wounds mortal or indifferent, necessarily or absolutely mortal, etc. we shall not enlarge on, as they are not applicable to the system of English jurisprudence. Wounds may, however, be fatal by accident, as a bone at some part of the skull may be penetrated, if peculiarly thin, by a slight blow; a part essential to life may be in a preternatural situation, as a blow on the groin, which would do no injury, may bring on a fatal inflammation in case of a previous hernia; or a fever, which a slight blow has occasioned, may excite an indolent vomica to suppuration. In all these instances, the English law inquires quo animo the injury was inflicted. Again, a trifling wound may become fatal during the prevalence of a malignant epidemic, in a constitution deeply tainted with scurvy, syphilis, etc. or in one of great nervous irritability, by inducing tetanus, or its lesser degree, a locked jaw. A state of pregnancy, infancy, or old age, will also render trifling injuries dangerous or fatal.

The event is equally influenced by obstinacy or cowardice, which prevents the treatment necessary to preserve life; by intemperance, violent passions, or despair; by neglecting the proper precautions enjoined; the want of necessary assistance, its delay in inclement seasons, or the unskilfulness of the practitioner. It was a truly judicious remark of a judge in a late cause, that he could not try the skill of a surgeon; and we would here add, that in every case where the opinion of a professional man is called on the conduct of another, he should reflect that his judgment is enlightened by the subsequent circumstances. In the situation in which the first practitioner was at the early era of the accident or complaint, the question must be, could he with propriety have acted differently? If that question is answered in the affirmative, another will arise; and should a man, himself liable to error, be forward in criminating a brother?

Wounds of the brain are seldom mortal, except the base, the cerebellum, or the spinal marrow at its commencement are injured. A large portion of either hemisphere has been evacuated without injury, and even without the slightest (apparent) diminution of the faculties. Depressions of the skull are much more dangerous; and compression, from a fractured skull or extravasated fluids, as well as that torpid inflammation which concussion, after some time, brings on (vide Concussio and Cerebri compressio), are almost equally fatal. It is not the present object to point out the symptoms of each; but we must add the strongest injunctions in case of apparent compression, to examine with the strictest anxiety, the part affected, in order to the application of the trepan. This is often very difficult to ascertain.

Wounds of the nerves are not always dangerous; but if a nerve is partly wounded it may bring on a fatal tetanus, when, from its situation, the nerve cannot be divided. Bohnius remarks, that wounds of a nervous plexus are usually mortal, and bruises on a nervous part, particularly where its nerves are connected with the vital organs, are generally dangerous. Michaelis mentions bruises on the pit of the stomach, in the English pugilistic combats, as frequent causes of death; and indeed, all wounds of the stomach and intestines are highly dangerous, though many miraculous stories are related in which the patients were cured. Wounds of the liver, spleen, kidneys, bladder, and uterus, are also usually fatal, from the access of the air or the internal haemorrhages. In experipients made on animals each is carefully avoided; but, with every precaution, the Caesarian section is usually mortal.