The Borden Case Revisitied: Dr. Frank W. Draper (1905)
Posted: Fri Oct 05, 2007 2:59 am
I’ve been sitting here the last while reading thru Dr. Frank Draper’s A Text-Book Of Legal Medicine, published in 1905. It still amazes me how “modern” the procedures he outlines in the book are. (I did though find it a bit odd that he preferred daylight to lamplight during autopsies.)
Dr. Draper mentioned the Borden case and/or trial a number of times in his book, ranging from three fairly detailed instances to two or three mere mentions in passing. The heftier instances follow:
Pg 24-25
The Wide Variety of Questions Relative to a Homicide Affair.-A somewhat recent instance may be mentioned illustrating the wide scope which a medicolegal inquiry may assume: the Borden affair in 1892, in Fall River, Massachusetts, in which a man and his wife were murdered by hatchet-blows on the head. At the preliminary hearing, to determine whether the accused daughter should be held for the grand jury, the medical witnesses 'ere questioned upon more than forty distinct topics, all relevant to the case and having a clear relationship to it. Here are some of the points raised: Besides the testimony as to anatomical appearances, and inquiries as to facts outside the purely medical field, the lawyers questioned the medical witnesses regarding their conclusions from a study of the wounds; the precise number of the wounds; the weapon which probably made them; the force required to produce them; whether the weapon was wielded with one hand or with two hands; if with one hand, was it the right or the left; which was the first blow; was a certain wound observed at the autopsy the result of a miss-blow; what was the position of the victims when they were struck; what was the position of the assailant in striking; the gravity of the wounds as to their effect in causing instant death; the cause of death in wounds of the brain; peculiarities of bony lesions made with sharp or with dull .weapons; the effect of blows on bone on an edged weapon; the thickness of the human skull in different subjects. The absolute and relative time of death of the two parties killed; the value of evidence as to this question derived from the stage of digestion, from the temperature of the two bodies, and from the appearance of the blood around the wounds. Modifications in the process of digestion wrought by excess or lack of gastric juice; by recent gastro-enteric irritation; by the presence of other matters than food in the stomach; by the nutrition of the body, whether stout or lean.
The amount of hemorrhage from incised and contused scalp wounds; the arterial supply in the way of the 'ounds observed; the behavior of arteries when wounded; the character of arterial blood spurts; the character of drops and spatters of arterial blood on walls and other flat surfaces; the determination of the direction and force of arterial blood thrown on walls from wounds; the effect on hemorrhage of a cessation of the heart's action; the ratio between the weight of the body and the weight of its blood; the exact weight of a pint of blood; the cause of the coagulation of human blood; the time of drying of blood on steel surfaces; the identification of suspected stains as human blood; the differentiation of blood and rust on metal surfaces; the appearance of flea-stains and mosquito-stains on clothing; the identification of human and of animal hairs; the correct use of medical notes in court. Correct answers to all these imply a tolerably liberal medical education.
Pg. 331
These axe and hatchet wounds are easy of recognition. Their characteristics are so obvious that it would be difficult to miss their true nature. This was well illustrated in the case of the Bordens, in August, 1892, in Fall River. Mr.Borden's head showed ten wounds in the face and the left temple. Mrs. Borden’s head presented twenty-one behind the right ear and at the back of the head. Most of them were penetrating lesions. Those which went through the bone showed the force and direction of the blows. One of those on Mr. Borden's skull was studied, and it demonstrated also the length of the cutting edge, and at its lower end, where it penetrated to the depth of an inch and a half and cut through the petrous portion of the left temporal bone, severing the carotid canal, one had an excellent indication of the thickness of the blade.
[The number of wounds he recalls on Mrs. Borden is particularly interesting. It's difficult to say at the moment whether this was error of faulty memory, or he may well have seen two "wounds within wounds" not noted in the autopsy report.]
432
At the Borden trial, in 1893, at the Bram trial, in 1895, and in the Manchester (Fall River) case, in 1893, the conditions of the homicides were favorable for much blood-spattering, but, on diligent search, none was found. These negative instances teach us to be conservative; and the answer to the above question should be: "Blood-stains in such cases would be probable, but not necessary, as incidents of the homicide."
The prudent medical inspector, who cares for his comfort on the witness-stand, will always make an accurate record of the situation in which he finds the suspected blood-stains which are submitted to him. And of the stain itself: he will note the size and shape of its outline in each instance. By these data he may throw light on the question of the manner of the killing, whether it was homicide or suicide, and he will clearly demonstrate his own accuracy and credibility...
Dr. Draper mentioned the Borden case and/or trial a number of times in his book, ranging from three fairly detailed instances to two or three mere mentions in passing. The heftier instances follow:
Pg 24-25
The Wide Variety of Questions Relative to a Homicide Affair.-A somewhat recent instance may be mentioned illustrating the wide scope which a medicolegal inquiry may assume: the Borden affair in 1892, in Fall River, Massachusetts, in which a man and his wife were murdered by hatchet-blows on the head. At the preliminary hearing, to determine whether the accused daughter should be held for the grand jury, the medical witnesses 'ere questioned upon more than forty distinct topics, all relevant to the case and having a clear relationship to it. Here are some of the points raised: Besides the testimony as to anatomical appearances, and inquiries as to facts outside the purely medical field, the lawyers questioned the medical witnesses regarding their conclusions from a study of the wounds; the precise number of the wounds; the weapon which probably made them; the force required to produce them; whether the weapon was wielded with one hand or with two hands; if with one hand, was it the right or the left; which was the first blow; was a certain wound observed at the autopsy the result of a miss-blow; what was the position of the victims when they were struck; what was the position of the assailant in striking; the gravity of the wounds as to their effect in causing instant death; the cause of death in wounds of the brain; peculiarities of bony lesions made with sharp or with dull .weapons; the effect of blows on bone on an edged weapon; the thickness of the human skull in different subjects. The absolute and relative time of death of the two parties killed; the value of evidence as to this question derived from the stage of digestion, from the temperature of the two bodies, and from the appearance of the blood around the wounds. Modifications in the process of digestion wrought by excess or lack of gastric juice; by recent gastro-enteric irritation; by the presence of other matters than food in the stomach; by the nutrition of the body, whether stout or lean.
The amount of hemorrhage from incised and contused scalp wounds; the arterial supply in the way of the 'ounds observed; the behavior of arteries when wounded; the character of arterial blood spurts; the character of drops and spatters of arterial blood on walls and other flat surfaces; the determination of the direction and force of arterial blood thrown on walls from wounds; the effect on hemorrhage of a cessation of the heart's action; the ratio between the weight of the body and the weight of its blood; the exact weight of a pint of blood; the cause of the coagulation of human blood; the time of drying of blood on steel surfaces; the identification of suspected stains as human blood; the differentiation of blood and rust on metal surfaces; the appearance of flea-stains and mosquito-stains on clothing; the identification of human and of animal hairs; the correct use of medical notes in court. Correct answers to all these imply a tolerably liberal medical education.
Pg. 331
These axe and hatchet wounds are easy of recognition. Their characteristics are so obvious that it would be difficult to miss their true nature. This was well illustrated in the case of the Bordens, in August, 1892, in Fall River. Mr.Borden's head showed ten wounds in the face and the left temple. Mrs. Borden’s head presented twenty-one behind the right ear and at the back of the head. Most of them were penetrating lesions. Those which went through the bone showed the force and direction of the blows. One of those on Mr. Borden's skull was studied, and it demonstrated also the length of the cutting edge, and at its lower end, where it penetrated to the depth of an inch and a half and cut through the petrous portion of the left temporal bone, severing the carotid canal, one had an excellent indication of the thickness of the blade.
[The number of wounds he recalls on Mrs. Borden is particularly interesting. It's difficult to say at the moment whether this was error of faulty memory, or he may well have seen two "wounds within wounds" not noted in the autopsy report.]
432
At the Borden trial, in 1893, at the Bram trial, in 1895, and in the Manchester (Fall River) case, in 1893, the conditions of the homicides were favorable for much blood-spattering, but, on diligent search, none was found. These negative instances teach us to be conservative; and the answer to the above question should be: "Blood-stains in such cases would be probable, but not necessary, as incidents of the homicide."
The prudent medical inspector, who cares for his comfort on the witness-stand, will always make an accurate record of the situation in which he finds the suspected blood-stains which are submitted to him. And of the stain itself: he will note the size and shape of its outline in each instance. By these data he may throw light on the question of the manner of the killing, whether it was homicide or suicide, and he will clearly demonstrate his own accuracy and credibility...