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sufficient to occasion death. The same tremendous idea, so laden
with the consciousness of guilt against God, humanity, and even
mere natural instinct, is undoubtedly able, where not affecting
life, to produce insanity. This it may do either by its first and
sudden occurrence to the mind; or, subsequently, by those long and
unavailing regrets, that remorse, if conscience exist, is sure to
bring. Were we wrong in considering death the preferable
alternative ? IV. ITS PROOFS. It is by no means an easy thing in
all cases to obtain evidence that an abortion has occurred; still
more difficult, that it has been intentionally induced. As most
laws read, it is necessary at the outset to prove the existence of
pregnancy; as many still stand, it must be shown that the woman has
quickened. These requisitions are unwise and unjust, and under
them, if insisted on by adroit counsel, it is almost useless to
pursue prosecution. In the earlier months, before quickening has
occurred or the foetal pulsations have become evident to the ear,
it is impossible, as I have elsewhere insisted, ever to be sure of
the existence of pregnancy, and yet attempts at its termination are
then in no degree less criminal. The only infallible sign of
pregnancy is the sound of the footal heart, not always to be
detected, even by the double stethoscope. Putting aside, therefore,
the question of the existence of pregnancy and of foetal life, as
taken for granted on the one hand by the attempt at their
termination, and as proved on the other by this result, it is found
that the evidence of abortion classifies itself into proofs of its
occurrence, of its commission, of the criminal intent, and of the
identity of the party accused. 1. The Occurrence. The abortion may
perhaps be known to have taken place ...
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