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Title:  The tryal of Spencer Cowper, Esq, John Marson, Ellis Stevens, and William Rogers, gent. upon an indictment for the murther of Mrs. Sarah Stout, a Quaker before Mr. Baron Hatsell, at Hertford assizes, July 18, 1699 : of which they were acquitted : with the opinions of the eminent physicians and chyrurgeons on both sides, concerning drowned bodies, delivered in the tryal and the several letters produced in court.
Author: Cowper, Spencer, 1669-1728, defendant.
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necessary for respiration or breathing, the person is suffocated. Such a small quantity will do as sometimes in Prescriptions, when people have been very weak, or forced to take Medicines, I have observed some spoonfuls in that condition (if it went the wrong way) to have choaked or suffocated the person. I take drowning in a great measure to be thus, and though it is ve∣ry likely when one struggles he may (to save himself from being choak'd) swallow some quan∣tity of water, yet that is not the cause of his death, but that which goes into the Windpipe and Lungs▪ whether a person comes dead or alive into the water, I believe some quantity will go into the Wind-pipe, and I believe without force after death little will get into the Stomach, because for that it should, swallowing is necessary, which after death cannot be done.Mr Bar. Hatsell.Pray Dr I understand you say this▪ that in case a person is drowned, that there may be but little water in the Stomach?Dr Sloane.That it is accidental▪ my Lord.Mr Bar. Hatsell.But what do you say to this, if there had been water in the body, would not have putrified the parts after it had lain six weeks?Dr Sloane.My Lord, I am apt to think it would have putrified the stomach less than the lungs, because the stomach is a part of the body that is contrived by nature, partly to receive liquids, but the contrivance of the lungs is only for the receiving of air, they being of a spon∣gy nature, the water might sink more into them than the stomach; but I believe it might putrify there too after some time. I am apt to think that when a body is buried under ground, according to the depth of the Grave, and difference of the weather and soil, the fermentation may be greater or lesser, and that according to the several kinds of meats▪ or liquids in the sto∣mach the putrifaction will likewise vary, so that it seems to me to be very uncertain▪Mr Baron Hatsell.But when they are in a Coffin how is it then?Dr Sloane.No doubt there will be a Fermentation more or less, according as the air comes, more or less to the body. Indeed it may be otherwise, where the air is wholly shut out, which is supposed to be the way of Embalming, or preserving dead Bodies of late, without the use of any Spices, which is thought in a great measure to be brought about by the closeness of the Coffin, and hindring of the air from coming into the body.Mr Cowper.Is it possible in your judgment for any water to pass into the Thorax?Dr Sloane.I believe 'tis hardly possible that any should go from the Windpipe into the Ca∣vity of the Thorax, without great violence and force, for there is a membrane that covers the outside of the Lungs, that will hinder the water from passing through it into any part without them.Mr Cowper.Now do you think it possible to find water in a drowned body after six weeks time.Dr Sloane.I am apt to think if there was any quantity in the lungs, the sponginess of the part would suck up some part of it. As to the stomach I have not known it tried, but 'tis like if there was a great fermentation, a great deal of it would rise up in vapours or steams, and go off that way.Mr Cowper.Dr Garth, I can't tell whether you were in Court when the Surgeons who are Witnesses for the King gave their evidence.Dr Garth.Yes I was.Mr Cowper.Then I desire you, Sir, to give your opinion as to those particulars▪Dr Garth.I observed in this Tryal the first Gentleman call'd for the King that spoke to this matter was Mr Coatsworth. He saith he was sent for to open her, upon an aspersion of her be∣ing said to be with Child. I agree with him in what he speaks to that point, but must differ with him where he infers she was murther'd because he found no great quantity of water in her▪ as also her head extreamly mortify'd, but not her lungs (lungs and bowels I think were us'd promiscuously.) Now, my Lord, as to the matter of putrefaction, I think 'tis not much mate∣rial whether there be any water or no in the cavities of the body, if water would hasten putre∣faction, it would do it as well in the lungs as otherwise; there is always some water in the lymphaducts there, the breaking of which may be one occasion of Catarrhs. As to what re∣lates to the putrefaction of the head, it may happen from a stoppage of the refluent blood, which is staid there in a great quantity, through the suffocation in the water, or from the nearness of the brain, which is observ'd often to mortifie first.The next was Mr Dimsdale (I wou'd speak to them all in order if my memory wou'd permit) I think he was of the same opinion with Mr Coatsworth; he laid the stress of his suspicion up∣on the mortification of the head, which I think is not at all material, no more than what they infer from her floating: it being impossible the body should have floated, unless it had rested, or had been entangled amongst the stakes, because all dead bodies (I believe) fall to the bottom, unless they be prevented by some extraordinary tumour. My Lord, we have not only Philosophy, but Experiments for this. The Witnesses all agree she was found upon her side, which to suppose her to float in this posture, is as hard to he conceiv'd, as to imagine a Shilling shou'd fall down and rest upon its edge rather than its broad side; or that a Doal Board shou'd rather float edgeways than otherwise: therefore 'tis plain she was entangled, or else the posture had been otherwise.As to the quantity of water, I do not think it necessary it shou'd be very great. I must own the water will force itself into all cavities where there's no resistance. I believe when she threw herself in she might not struggle to save herself, and by consequence not sup up much water. Now there's no direct passage into the stomach but by the gullet, which is contracted or purs'd up by a Muscle in nature of a Sphincter: for if this passage was always open, like that of the Windpipe, the I weight of the air, would force it self into the Sto∣mac▪ and we shou'd be sensible of the greatest inconveniencies. I doubt not, but that some water fell into her Lungs, because the weight of it, wou'd force it self down, but if we consider the Windpipe with its ramifications, as one Cylinder, the calcu∣lation of its contents will not amount to above 23 or 24 solid inches of water, which is not a pint, and which might imperceptibly work and fall out. I remember I offer'd a wager at Gar∣aways Coffee House to a Gentleman here in Court.Mr Bar. Hastell.Pray Doctor tell us your opinion as to what the Seaman said, and also as to what Dr Sloan said whether water in the body will putrifie it.0