to make a coupling of cars that were supplied with the Ames coupler commonly called bull tongue coupler - both couplers on the cars being at the time defective, which was known to appellee, but for which defect so known there is no claim for a recovery in this case, the recovery being based on the loose motion of one of the drawbars, seem which in that respect was claimed to be defective, but which we find did not cause or contribute to the injury, even if defective in the respect claimed. We find there is no proof of a defect in the couplers of the cars, that caused the injury. The clerk will enter this in the final order. (C. AINSWORTH MITCHELL. p. 218.) .. 12. FOOD ADULTERATION CASES. Science and the Criminal. 1911. To the layman it may strange that a conflict of opinion should ever occur between analysts with regard to the genuineness of a sample of food, and that it should ever be possible for an accused salesman to bring rebutting scientific evidence. A consideration of the following points, however, will make this clear, and show how such different opinions may be honestly held. (1) Food products may consist of entirely dissimilar substances which may readily be distinguished by suitable tests, as, for instance, pepper and salt; or (2) the food may contain a special constituent which is either entirely wanting or only present in a smaller proportion in other allied products. It is mainly with foods of this latter description that the difficulties of the public analyst arise. For instance, butter fat contains a large proportion of certain volatile compounds, which are either absent or are present in much smaller quantity in the fats used to adulterate butter; and thus an estimation of these volatile compounds affords a means of judging of the purity of the butter. Thus, if only half the normal quantity of volatile compounds is present, the conclusion is drawn that the butter is adulterated with an equal quantity of foreign fat, and so on. The task would not be difficult if butter fat were always constant in composition; but, unfortunately, there are often wide variations in the proportion of ingredients, and it fre These details have been given at some length, for they are typical of the problem which the public analyst has to solve in the case of many natural products, i.e., to decide whether a food is adulterated or only naturally of poor quality. There is no special difficulty in the analyses; it is a question of interpretation of the results. The chief culprit in the matter of the adulteration of butter is the small dealer, who buys margarine from the margarine manufacturer and skillfully blends it with butter in a proportion that is small in a single instance, but is sufficient to bring him in a handsome profit in the course of a year. Owing to the difficulty of detecting such small additions of margarine to butter (which, as was explained above, is due to the variations in the na ural product) a most ingenious device has been adopted in some countries. This is the addition of a small quantity of a "latent color" to the margarine, so that, although it appears yellow, like butter, its color can be changed by the application of a single reagent to pink or blue, and its presence thus revealed in a mixture of butter and margarine. Several years ago an attempt was made in some of the United States to compel manufacturers of margarine to color it pink, so that it could not possibly be palmed off as butter, but as this law was found to have the effect of stopping the sale of margarine altogether, it is no longer enforced. Various substances have been suggested as suitable for the latent coloring matter, such as starch, which turns blue on contact with iodine, and certain colorless coaltar derivatives which change to pink upon the addition of an alkali or acid. There are numerous ob jections to the use of some of these compounds. Thus, starch may be washed out of the margarine by a simple treatment with water, while a coal-tar derivative that turns pink on contact with an alkali is too sensitive an ingredient for everyday use. A far more satisfactory substance than any of these was found in the oil derived from sesame seed. This is a wholesome oil with a fragrant odor and pleasant taste, which is largely used as a salad oil in certain parts of Europe. It is one of the few vegetable oils that can be detected by means of a special color reaction; for on treating the oil with a particular reagent it gives a bright rose color, and the test is so sensitive that it will detect the presence of even a small percentage of sesame oil in other fats. A compulsory addition of a small amount of sesame oil to all margarine, therefore, affords an absolutely certain means of recognizing the margarine subsequently. The first country to adopt this plan was Germany, where a few years ago a regulation was made that all makers of margarine must use 10 per cent of sesame oil with the other ingredients. Belgium has also adopted the same plan of earmarking the margarine produced in the country, and has thus simplified in one direction the problem of detecting petty adulteration. 13. POISON TESTS. (WILLIAM Chemistry and Chemical Evidence. Character of Articles submitted to chemist. These may include the stomach or other organs of the body; urine or other secretions of the body; vomit; medicine; food; contents of drinking vessels, etc. Previous History of These.-As a rule all these articles are first collected by some person other than the chemist, such as a policeman. A non-professional man should, if possible, touch nothing, and see that JAGO. A Manual of Forensic 1909. ch. VI, p. 140.). nothing is touched. To this there is the exception of something that will be lost if not at once recovered. For example, a woman was found dead, with vomit near the mouth running away and soaking into the floor. This should be collected at once with a clean spoon in a clean vessel. An Expert Medical Man will, on arrival, take note of everything, preserve all necessary articles, put in proper vessels, seal, and arrange for personal delivery to the chemist. On post mortem examination the operator will take precautions for the proper packing of essential organs of the body and other substances therefrom requiring to be analyzed. Exact particulars of delivery and receipt of Articles.-The chemist should ascertain as much as possible of the previous history of the case, such as the symptoms preceding death. He should also acquaint himself with the circumstances under which any articles were found, e.g., articles of food, suspected poison, etc., whether in clean vessels or the reverse. Also vomit, whether in clean vessel or possibly collected from a dirty floor. The nature and efficiency of packages, how fastened, and what identifying marks or seals must also be noted. A record of when and where received and from whom must also be made and kept. Condition when received. Note minutely whether seals or packages are entire or show any sign of having been tampered with; also whether putrefactive or other changes have occurred in the contents. Custody during analysis. If possible, all articles should be kept in the direct personal custody of the chemist. They must be securely locked up during his absence; products, etc., must be labeled at each stage of the work. If any article or portion of article is given to any other chemist or expert, it must be handed over personally, together with a written description. A note must be made of the time, place, and person. At the close of the investigation any remainders must be sealed up in proper vessels, labeled, and kept in safe custody. Or if directions have been received to hand them to some other person, a note must be made of full particulars of the articles handed over, their nature and state, and time when, and place where, and person to whom so handed. Preservation. -No antiseptics are admissible. Obviously one must not introduce a foreign matter. It is dangerous to heat since some of the substances may be volatile. Cold storage is permissible. If spirituous extracts are to be made, at an early stage one may macerate with the spirit, and thus incidentally preserve from putrefaction. ... Accuracy of Analysis. - The analyst should be able to speak as to the accuracy of his modes of analysis and their limitations. He should also have tested the accuracy of the calibration of his instruments, pipettes, burettes, flasks, hydrometers, etc. Substances obtained by analysis must be kept. - The active substance may possibly be isolated, in that case it must be carefully preserved for production if necessary, e.g., samples of arsenic, aconitine, etc. Form and strength of poison administered.-If possible, the analyst should determine the form in which the poison was given, e.g., if morphia, whether as opium, laudanum, or salt of alkaloid. In the matter of strength he should, if able, decide whether given in concentrated or in diluted condition. Organs or Secretions of body in which found.-These must be noted, as thereby indications of the nature of the poison and the length of time during which it was being administered, are afforded. Amount of fatal dose.—The analyst should be able to state the amount of fatal dose and its relation to the sex, age, and state of health of the deceased. He should ascertain the proportion such dose bears to the quantity found on analysis. He should further be able to state what relation this quantity found bears to the quantity administered. Possible existence of poison naturally in the body.-The poison may have been given as a medicine; for example, arsenic, antimony, and strychnine are all recognized drugs. Or it may have been absorbed during the natural avocations of the person; thus lead poisoning frequently occurs in the case of potters working with lead glaze. Another alternative is that the poison may have been present in food. Thus prussic acid is formed from bitter almonds, and also may be obtained from other fruit kernels. A well-known anecdote is that of counsel who advanced the theory that a person, in whose body prussic acid was found, had himself introduced it by chewing and swallowing apple-pips. The defense was ineffective, except that for long after the barrister was familiarly known as "Apple-pip Kelly." Poison, the result of decomposition. As a result of certain obscure chemical changes which may occur within the body after death, there may be poisonous bodies produced from non-poisonous substances in the body. These are known as cadaveric alkaloids, or more usually as "ptomaines." As the naturally As the naturally poisonous alkaloids may possibly be confused with ptomaines, evidence differentiating the two classes of bodies should be forthcoming. Introduction of poison by impure analytic reagents. This is not an unknown experience, thus arsenic has actually been introduced, by means of the reagents, into the Marsh's and Reinsch's tests by which substances were being examined for its presence. The first duty of a chemist who is This Illustrative Cases. In the following poisoning cases an account is given of the more important chemical evidence. R. v. Smethurst.-On the 7th July, 1859, Smethurst was tried at the C. C. C. for the murder of Introduction by improper wrap- Isabella Banks, who died on the 3d pers.-The obvious duty of the per- May, 1859. A motive for the son forwarding articles for analysis alleged murder existed. The sympis to see that they are packed in toms of illness preceding death proper receptacles. The chemist were as follows: -diarrhoea and can only deal with them as they vomiting, dysentery, heat and burnreach him, but he should be on the ing throughout the whole alimenalert for the discovery of any im- tary canal. These pointed to the proper wrapper. Thus a case is on administration of some irritant record of a stomach, suspected to poison. No poison was traced to contain arsenic, having been packed the prisoner's possession, but he as in a piece of wall paper. The wall a doctor would have no difficulty paper itself on examination was in procuring same. Chemical Evifound to contain arsenic in abun- dence for the Prosecution. A part dance. of a motion was analyzed by Dr. Chemical Evidence for Defense. - Taylor, who found it to contain arsenic. The following report of the evidence is abstracted and condensed from Vol. 50, C. C. C., Sessions Cases, p. 552. Taylor in examination in chief, deposed that on the 1st May, he received a parcel delivered by Buzzard. This contained two bottles, which were sealed; he opened one and took out a portion. Before commencing his analysis, he first tested his apparatus and reagents, copper wire, hydrochloric acid, water, and test tube; he found them all perfectly clean.2 He then used the same reagents and apparatus, and tested some of the liquid from the bottle he had opened. The result was a metallic deposit of a grayish steel color on the copper. This might be arsenic or antimony, or possibly mercury. The bottle was then re-sealed in his presence, and taken away by Buzzard.3 He made further experiments with some more of the liquid, and obtained a further deposit of gray matter. This he examined under the microscope, and found it to have the appearance of arsenic. He heated a piece of the copper on which was the deposit, and obtained crystals of arsenic. These he produced. He had not the slightest doubt of their identity. There was no indication of the presence of antimony, mercury, or bismuth. He found that arsenic was contained in the blood. On the 5th May, he received a large jar from M'Intyre, sealed up this contained viscera, stomach unopened, and other organs enumerated. On the 7th May, and on other specified dates he received other packages, labeled, and numbered them. On examination he found no arsenic or antimony in the gullet or stomach. He found -- antimony in two places in the intestine, and traces of antimony in blood taken from the heart. He was assisted by Dr. Odling. He examined a number of articles of food and medicine. Bottle No. 5 contained 355 grains chlorate of potash free from anything else it is not muriate of potash (KCl). Bottle No. 21 contained a clear watery liquid of saline taste. Handed 14 oz. from it to an assistant to boil for Reinsch's test. The copper was destroyed by being dissolved. He plunged a portion of fresh copper in the solution for a very short time, and found arsenic deposited on it. Subsequent examination showed no arsenic or antimony in the liquid, but that the arsenic found in the original test had come from the copper used for the experiment.7 In the ordinary mode of applying the test, witness added, "We never dissolve the copper." On cross-examination by Parry. When 8 giving evidence before the magistrate, he believed that this bottle contained arsenic. Subsequent examination showed that the original analysis was mistaken. On reexamination by Bodkin. If half a grain of copper was administered during life, there would not be any action of acid in the stomach that would account for the arsenic in the evacuation. Slight traces of arsenic were found in the copper pills, but none in those of bismuth. Odling, on examination, stated that in a case where the copper is not dissolved there is no fallacy in Reinsch's test. Chemical Evidence for Defense. B. Ward Richardson was examined by Giffard. Slow arsenical poisoning is quite impossible without arsenic being found 1 The witness states the time when, and the person from whom he received the articles for analysis, also the mode of packing, and that they were sealed. All apparatus was tested before use. 'States what was done with the bottle when finished with. Produced in court the substance isolated. 5 All packages labeled and numbered. Gives name of assistant whose qualifications were well known. ? Example of the poison being searched for having been introduced in the reagents. * Medicines administered could not have been the source of the poison found on analysis. |