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you decide that she died of diphtheria, of Bright's disease, of poison retained in the system, or even of the last dose which was taken by her, you are bound to acquit our client, unless indeed you should adopt the extraordinary conclusion, that the final dose of morphine alone produced death, and that Dr. Medjora himself administered it, intending that it should destroy his beloved wife, for whom he had retained skilled medical service and nursing, and at whose bedside he even tolerated the presence of his bitterest enemy, because he knew that the man possessed the greatest skill available in the vicinity of the house where the poor girl lay ill. Had he intended to injure his wife, had he premeditated poisoning her, do you think that he would have allowed a man to be nigh, who would be only too glad to find a pretext upon which to charge him with a crime, but who, moreover, was possessed of exactly the experience and ability needed to detect the symptoms of a deadly poison? The proposition is preposterous, and I am sure that such intelligent gentlemen as yourselves will cast it aside from you. But if the prosecution fail to prove that the girl did not die from natural causes, then they fail utterly to make out their case. Upon this point the law is most explicit. In fact in one of our great text books, a work recognized by the entire legal profession as the highest authority, I find a passage which seems almost to have been written for your enlightenment in this very case. I will read it to you: "'It does not follow that because a person is wounded and dies, the death is caused by the wound; and the burden in such cases is on the prosecution to show beyond reasonable doubt that the wound in question produced death. It may happen also, where poison has been administered, that death resulted from natural causes. The presence of poison may be ascertained from symptoms during life, the _post mortem_ appearances, the moral circumstances, and the discovery of the existence of poison in the body, in the matter ejected from the stomach, or in food or drink of which the sufferer has partaken. But to this should be added proof that the poison thus received into the system was the cause of death.' "I think that passage most clearly indicates to you the task which the prosecution have undertaken. Upon what do they rely for the accomplishment of their purpose? Two thin
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Medjora