some instances, contagious-to consist of a cryptogamic plant existing in the roots of the hairs of the beard, and by transmission of the seeds the disease is rendered contagious.

The evolution of the pustules is usually attended with heat and tension. The pustules are small but closely grouped together, and in their development yield a pale yellowish exudate, which crusts and finally furfurates.

The skin finally becomes very much changed, and swells at times to such an extent as to appear covered with moist vegetative tumors. The piliferous bulbs of the beard often participate in the inflammation, and, if continued long, patches of the skin will be divested of the beard.

The disease attacks the youthful and adult subject of the sanguine or bilious temperament who have strong, thick beards; it is, however, found among the aged; and occurs more frequently in those exposed to strong heats, such as cooks, founders, refiners, etc. Spirituous liquors and highly seasoned food are common causes, and some are strongly impressed with the idea that being shaven by an imperfect razor has contributed to them the disease. Sycosis occasionally disappears for a time, and then reappears.

The most experienced practitioner frequently finds it impossible to fix the limit of cure in this disease, and just at a time when a cure seems to be effected by the treatment, fresh eruptions break out to blight his expectations. The first measure is to clip the beard. The razor should not be used as it will be found to irritate. The habits of life should be inquired into, and spirituous liquors abandoned. General baths and local emollients may be employed. The attention to the parts must be constant and unremitting, and should consist of warm fomentations frequently repeated during the day, with poultices applied at night. Every little tubercle should be punctured, and every hair extracted, which may be got out without much pain.

A dressing of the part may be made with the ointment of chrysophanic acid, grs. xx to adeps, 3j; or the citrine ointment smeared on at night will prove effectual.

ABSTRACTS.

A Crime Peculiar to a Physician.-By HENRY A. RILEY, ESQ., NEW YORK.

rare.

One of the most disgraceful crimes which a physician, in his professional capacity, can commit, is the taking advantage of the confidence of a female patient when advice is sought for troubles peculiar to the sex, and by force or fraud making a criminal assault upon her for the purpose of sexual connection. An act of this kind, so peculiarly dishonorable to the physician, and so unfortunate in its possible results to the patient, is not impossible when one considers the passions of men, but it is a matter for congratulation that charges of this sort are so comparatively The general standard of morality and professional honor is so high that the law books contain few cases on the subject. There are some, however, and it may be well to call attention to several of them. It may be said, in general, that the crime is universally regarded as a most serious one, and in most of the States is declared to be a rape. There has been some discussion in a few of the cases as to the question whether the submission of the female to the act did not lower the grade of the crime, and either make it merely an assault, or else warrant the conclusion that there was consent on her part, and thus take it entirely out of the category of crimes. This view is not generally taken, however, and at the present time perhaps only in those States where the statute requires the element of force to constitute the crime of rape. An instance of this view of the subject will be

referred to later.

One of the first cases on the question is Regina's case, an English one, occurring in 1850, and reported in Denison's Crown. Cases, 580. Here the patient was a young girl, only fourteen years of age, who had been placed under the physician's care in consequence of illness arising from suppressed menstruation. The treatment adopted did not seem to accomplish the result, and, as the evidence states, he told her that he must try some further means, he then took hold of her and had sexual connection, no resistance being made by her, believing, as she stated, that she was submitting to medical treatment for the ailment un

der which she labored. Upon the trial, the magistrate said that she was of the age to consent, and if she did, the defendant ought to be acquitted, but if she was ignorant of the nature of the act, and thought it was part of the proper medical treatment, it amounted to an assault.

The jury found the physician guilty, and he was sentenced to eighteen months' imprisonment. The case was then appealed, and the propriety of the conviction came up for review before a higher court, where it was affirmed. The Court said: "The finding of the jury is clear. They are told that if they think she consented to the carnal connection they must acquit, that the girl was competent to consent, and that it is a question for them whether she did or no. The girl is fourteen years of age. She might at that age be ignorant of the nature of the act morally as well as physically, and of its possible consequences. It is said that as she made no resistance she must be viewed as a consenting party. That is a fallacy. The prisoner disarmed her by fraud. She acquiesced under a misrepresentation that what he was doing was with a view to cure and that only, whereas it was solely to gratify the passion of the prisoner. How does this differ from a case of total deception? She consented to one thing, he did another materially different."

In this case the prisoner's counsel suggested that perhaps the act of sexual connection was in reality part of the medical treatment of the case, and that it should have been left to the jury to decide this point. The Court with some emphasis said in regard to this defence that it certainly was not left to the jury and need not have been. "The notion that a medical man might lawfully adopt such a mode of treatment is not to be tolerated in a court of justice."

In the case of Regina vs. Stanton, 1 C. and K., 415, another English case, there was an indictment for an assault with intent to commit a rape, the physician having obtained access to the person of the woman under pretence of administering an injection, and commenced to have carnal connection with her, when she discovering it got up and ran out of the room. Upon this state of facts a conviction was had for the assault.

In Queen vs. Flattery, 2 Q. B. D., 410, decided in 1877,

the charge was that of rape, and the defendant was convicted under the following circumstances: The prosecutrix, a girl of nineteen, was "subject to fits," and she and her mother consulted the defendant in regard to her case. He made an examination of her person and advised that a surgical operation be performed, and under the pretence of performing it had carnal connection with her. The Court said in this case. "It is plain that the girl only submitted to the defendant's touching her person in consequence of the fraud and false pretences of the prisoner, and the only thing she consented to was, the performance of the surgical operation. Up to the time when she and the prisoner went into the room alone, it is clearly found that the only thing contemplated, either by the girl or her mother, was the operation which had been advised; sexual connection was never thought of by either of them. And after she was in the room alone with the prisoner, what the case expressly states is that the girl made but feeble resistance, believing that she was being treated medically, and that what was taking place was a surgical operation and nothing else. It is said, however, that having regard to the age of the prosecutrix, she must have known the nature of sexual connection. I know of no ground for such a proposition. And even if she had such knowledge she might suppose that penetration was being effected with the hand or with an instrument.

The case of Santiago Don Moran vs. The People, 25 Mich., 356, tried in 1872, is an apparent exception to the general rule that submission under the idea that the act is a part of the medical treatment constitutes a rape, but here the decision is based upon the words of the statute, which expressly say that force is necessary to create the crime of rape, and the Court would not stretch the words of the statute so as to cover the case.

The facts of this case were quite peculiar. The defendant was a physician practising in the city of Detroit, and a girl, sixteen years of age, was brought to him to be treated for consumption. He made an examination and then informed her that the "whites" had collected in her stomach, that she was ulcerated, that her uterus was inverted, that to save her life it would be necessary to enlarge the "parts" so that the "whites" might pass off; to break the ulcers and to turn the uterus; that he could do this with in

struments, but the operation would probably kill her; that the only way would be for him to have carnal connection with her. When she objected, he told her that it was what he did to all women who came to be treated by him. He said he had told her father that it would be necessary, and he had authorized the defendant to have connection with his daughter. Upon such representations as these she allowed him to have intercourse with

her.

When these facts became known the physician was indicted for rape, and convicted, but upon an appeal this verdict was reversed, and a new trial granted, on the ground that no force was used. The Court said: "Upon extract principles of right and wrong a sexual connection obtained by falsely and fraudulently personating the husband of a woman or by a physician fraudulently enticing a female patient to believe such connection essential to a course of medical treatment must be considered nearly, if not quite, as criminal and prejudicial to society as when obtained by force or any apprehension of violence, and it might, and in my opinion would be, judicious for the Legislature to make some provision for punishment in cases of this kind, but it is not for the judiciary to legislate by straining the existing criminal law to bring such cases within it."

The lastest case on the general subject is one just tried in Indiana, and found in the last volume of Reports (Pomeroy vs. State, 94 Ind., 96). Here it appeared that the patient was suffering from a disease of the womb, and the physician, while examining her person, had sexual connection with her. He was tried for the offence and found guilty of rape. The Court said: "The evidence tends to show that the appellant, as a physician, informed Rebecca and her mother that the former was suffering from a terrible womb disease and was loosing her mind. If the jury believed, as they might well have done from the evidence, that the appellant, as physician, obtained possession and control of Rebecca's person under her mother's command, for the purpose of making a further examination of her alleged disease of the womb, and not for the purpose of sexual intercourse, and that she never in fact gave her consent, through fraud or otherwise, to the sexual connection, then it seems to us that the appellant was