Frontal assault

“ The argument on both sides has proceeded on the basis of earlier authorities that bodily harm means any hurt or injury that is calculated to or does interfere with the health or comfort of the subject but must be more than transient or trifling, that grievous bodily harm means really serious bodily harm and that wounding involves the breaking of the whole skin. Common assault would include any physical touching which did not fall within these categories. ”

“ Otto H. Schultze, professor of pathology and medical jurisprudence, Coroner's physician in New York from 1896 to 1914, medical assistant District Attorney of New York County from 1914 to date, and the author of several works on the medico-legal aspects of homicide, wrote as follows in reply to my inquiry:
A stab wound of the skin or even puncturing the orbit could not cause instant death, nor would be likely to cause a fatal hemorrhage. A stab wound above the eye, penetrating the orbital plate and frontal lobe of brain, may cause death, but hardly would account for "instant" death. ”

“ Experience of the character of the lesions observed after severe concussion by the ordinarily somewhat coarser forms of violence common to civil life, fully explains the severity of the damage to the brain tissue met with in injuries due to bullets of small calibre. Viewing the elaborate arrangements which exist for the preservation of the central nervous system from the moderate vibration incidental to ordinary existence, it is easy to appreciate the harmfulness of such exquisite vibratory force as that transmitted by a bullet of small calibre travelling at a high rate of velocity. ”

“ The object of this mode of firing was to drive the insurgents from the summit of the redoubt, and to compel them to gather close in the interior, that is to say, this announced the assault.
The combatants once driven from the crest of the barricade by balls, and from the windows of the cabaret by grape-shot, the attacking columns could venture into the street without being picked off, perhaps, even, without being seen, could briskly and suddenly scale the redoubt, as on the preceding evening, and, who knows? ”

“ A man with red blood in his veins sees the assault, and [72] attacks the attacker with strength enough to save the victim, arrest the disturber of the peace, and prevent a repetition of the offense. He has been engaged in a fight, but he is not a beast. ”

“ Often that terrible tool of murder had fastened itself so firmly in the victim's chest that the attacker, in order to get his bayonet back, had to place his foot on the chest of the miserable man and try with all his might to remove the weapon. ”

“ Such self-inflicted wounds are usually produced for the purpose of bringing a fictitious charge of assault, feigning self-defence or provocation on the part of the assailant when accused; and in order to divert suspicion, as in the case of a person who alleges he has received the injuries by an assailant who was committing robbery while he himself is guilty of it. ”

“ Men with arms in slings; men with trousers torn away at the knee, and bandaged legs; men with brow, face, mouth, or [Pg 152] throat swathed; men with no shirts, but a broad swathe around the chest or stomach—each bandage grotesquely pictured with human figures printed to show how the wound should be bound, on whatever part of the body the bullet entered. ”

“ Internal wounds without external marks.—Among the wide variety of injuries from gunshot, there have not unfrequently been noticed cases in which serious internal mischief has been inflicted, without any external marks of violence to indicate its having resulted from the stroke of a projectile. An important viscus of the abdomen has been ruptured, yet no bruising of the parietes observable; symptoms of cerebral concussion have shown themselves, yet no injury of the scalp to be detected. Even bones have been comminuted without any wound of the integuments or appearance of injury. ”

“ The assault being the most severe phase of the combat, it is necessary, in order to face it and push it through, that the will of each individual be transformed largely by habits and reflexes. Therefore, hold each day an assault exercise over ground which resembles in detail that over which the real assault will have to be made. ”

“ In some cases a soldier may, by digital pressure or by improvising a rough tourniquet, check the flow of blood from a wound, but the nervous prostration which accompanies a wound inflicted by a bullet travelling nearly 2,000 feet a second is so great, that most men seriously wounded are physically incapable of rendering such assistance to themselves, even if they understand the elementary amount of anatomy requisite for the treatment. ”

“ Every conceivable wound that iron and lead can make, blunt or sharp, bullet, ball and shell, piercing, bruising, tearing, was there; sometimes so light that a bandage and cold water would restore the soldier to the ranks again; sometimes so severe that the poor victim in his hopeless pain, remedy-less save by the only panacea for all mortal suffering, invoked that. The men are generally [Pg 166] cheerful, and even those with frightful wounds, often are talking with animated faces of nothing but the battle and the victory. ”

“ No gun-shot wound, at least none of importance, appeared in any part. There was, indeed, a bullet-hole in the left shoulder, and, as it seemed, very recently inflicted: but it was bound up with leaves and vulnerary herbs, in the usual Indian way, showing that it must have been received at some period anterior to the attack which had robbed the warrior of life. The gashes across the ribs were the only other wounds on the body; that on the head, made by a hatchet, was evidently the one that had caused the warrior's death. ”

“ Shouting, therefore, as well to intimidate the scoundrels as to let the person attacked know that there was succour at hand, I sprang upon the man who held the cudgel, and, seizing his uplifted arm, succeeded in averting the coming blow from the head of the intended victim, who, ignorant of the impending danger, was making most furious thrusts at his assailant with the point of his umbrella, a novel mode of attack, which seemed to perplex and annoy that individual in no small degree. ”

“ I guessed that no bullet would kill him instantly. I doubted that I could pierce his skull. There was hope, though, in finding his heart through his exposed chest, or, better yet, of breaking his shoulder or foreleg, and bringing him up long enough to pump more bullets into him and finish him.
I covered his left shoulder and pulled the trigger as he was almost upon me. It stopped him. With a terrific howl of pain and rage, the brute rolled over and over upon the ground almost to my feet. ”

“ No man can tell how he was killed, whether the wounds caused death or whether he died from contusion or concussion of the brain. There is nothing in the evidence about blood letting, and there is nothing about concussion or contusion of the brain, and I ask you to keep to your contracts with the law and with your God, and to follow it, no matter where it leads you. You and I would risk our lives for the defense of Illinois if she were in peril. We are not cowards; we fear neither the hooting of crowds nor bullets while we are doing our duty. ”

“ In some persons, particularly in heavy or aged ones, the sharp and sudden violence of the shock is sufficient to burst some blood-vessel, and the gush of blood into the brain-substance renders the criminal immediately unconscious. But apoplexy rarely kills suddenly; even such persons really die of asphyxia. In feeble persons, the simple concussion of the brain may be sufficient to bring on insensibility, like a stunning blow on the head, without any visible lesion of the organ ”

“ The assailant then lifts her weapon, and holds it horizontally so as to protect her head, and receives just as many blows, and thus the fight goes on until the men separate them. Broken knuckles are the injuries mostly given; but sometimes a clever woman hits her enemy on the head and disables her. They invariably fight fairly, and strike no foul blows. ”

“ We know that most knife and bullet wounds, i.e., the most dangerous ones, are felt, in the first instance, as not very powerful blows. Blows on the extremities are not felt as such, but rather as pain, and blows on the head are regularly estimated in terms of pain, and falsely with regard to their strength. ”

“ With regard to the extensive character of the brain destruction in the region of the aperture of exit, it must be borne in mind that this lesion corresponds in position with one which would exist even if the injury were of a non-penetrating degree. A large proportion of the contusion and destruction is therefore explained by violent impact of the projected brain with the skull prior to the passage of the bullet, and not to the direct action of the bullet on the tissues. ”

“ This absence of contusion must lead to more frequent deaths from hemorrhage, while when this arm is used we shall hear very little of deflection or deviation of the bullet from its path, since it has sufficient power to pass directly through any part of the body which it may meet on its way. The result in battle will be a reduction of the list of wounded, but a terrible augmentation of that of the dead. ”

“ But his shoulder had been shattered, the bullet, she discovered, having passed clear through the fleshy part of the shoulder, after breaking one of the smaller bones.
Getting her scissors she clipped away the hair from the back of his head and sponged the wound and bandaged it, convinced that of itself it was not dangerous. Then she undressed him, and by the use of plenty of clear, cold water, a sponge, and some bandages, stopped the flow of blood in his shoulder and placed him in a comfortable position. ”

“ If there are contusions or contused wounds on several parts of the head, or if the wounds are on the vertex of the head, it is presumptive of the use of weapons. We cannot often swear that each and every wound on the head was due to the use of a weapon. On the other hand, the presence of grass, sand, gravel, etc., in a wound is presumptive of a fall and of the origin of the wound in this manner. In case of a fall from a height the wound or wounds might be in almost any part of the body, on the vertex or elsewhere. Such a fall may be the result of accident, suicide, or murder. ”

“ In fact, in all cases where a question is raised as to the cause of the hemorrhage, it is most important to consider whether the violence was not sufficient to account for the hemorrhage without the coexistence of disease or excitement. It is also most important to bear in mind that after severe injuries, as after a fall, causing extensive fracture of the skull, followed or not with extravasation of blood, the injured person may walk about and die some distance from the place of the accident and where no chance for a similar accident exists. ”

“ Still another variation, when a rear attack is desired, is to leap at the man who is to be attacked, throw the left arm around his abdomen, the right forearm around the neck, and bring one knee sharply into the victim's back. Having done this, the assailant, still retaining a firm hold, draws back so quickly that he forces the man attacked to his back. With his man down, the assailant, if he is quick enough, has things all his own way. ”

“ The seriousness of a contusion depends on two factors: first, the relative degree of violence exerted upon the nerve, which is dependent on the force still retained by the travelling bullet; and, secondly, on the extent of tissue actually implicated. The range of fire at which the injury was received determines the importance of the first factor; the second varies [Pg 344] with the degree of exactness with which the nerve is struck, and on the direction taken by the bullet. Naturally transverse wounds affect a small area ”

“ Only a left-handed man could have committed the crime, for only a left-handed man standing close against the left side of a room above one sitting at a desk against that wall could have struck straight down into the left shoulder of the murdered man. A right-handed assassin would have struck straight down into the right shoulder, he would not have risked a doubtful blow, delivered awkwardly across his body, into the left shoulder of his victim. ”

“ A scratch, a cut, abrasions left by removal of tape or rope, bruises, nervous shock, disturbance of digestion, all of a kind which heals or passes before 'liberation' occurs? Few kidnappings take place without harm of some kind to the victim. They may be executed by force or by mere threats. One produces traumatic injury, from minor abrasion to death, the other nervous or mental shock of momentary or lifetime duration. How much injury, and what kind, did Congress have in mind? ”

“ The severe concussion of the whole osseous sphere by the stroke of the projectile, the bruising and injury to the bony texture immediately surrounding the spot against which it has directly impinged, as well as the contusion of the external soft parts, so that the wound cannot close by the adhesive process, constitute very important differences between gunshot injuries on the one side, and others caused by instruments impelled solely by muscular force on the other. So, also, the injury to the brain within, and its investments, is proportionably greater in such injuries from gunshot. ”

“ Punctured wounds or stabs require minute attention; for there have been instances in which death has been produced by an instrument so small as a pin thrust into a vital part. Wounds of the head are always dangerous, especially if the blow has been severe. The person so wounded may die without division of the skin, or fracture of the bones, as happens in what is known as concussion of the brain. ”