FIRST CLASS, or hermaphrodism without excess. This again is subdivided into four orders. 1. Male Hermaphrodism, when the generative apparatus, essentially male, presents in some one portion the form of a female organ-as a scrotal fissure, resembling in some respects a vulva. 2. Female H., where the apparatus, though essentially female, yet offers in some one portion the form of a male organ, as in the excessive development of the clitoris. 3. Neutral H., when the portions of the sexual apparatus are so mixed up, and so ambiguous, that it is impossible to ascertain to what sex the individual belongs. 4. Mixed H., when the organs of the two sexes are actually united and mixed in the same individual. Of this there are several species: Alternate, when the deep organs belong to one sex, and the middle to the other, while the external present a mixture of both. Lateral. In this, the deep and middle organs, when viewed on one side of the median line, appear to belong to the male sex, while on the other they are female; the external organs, as in the former species, are partly male and partly female. Hemilateral. Interchanging.

The SECOND CLASS includes all anomalies with excess of parts, and is divided into three orders. 1. Complex Male H., where we find, with an apparatus essentially male, some supernumerary female organ, as a uterus, etc. 2. Complex Female H., with the addition of a male organ, as a testicle, etc., to an apparatus essentially female. 3. Bisexual H., where a male and female apparatus exist in the same individual. St. Hilaire allows, however, unequivocally, that the external organs (as penis and clitoris) have never been found perfectly double. "The researches of modern anatomists have completely set at rest the long debated question of hermaphrodism, in the vulgar acceptation of the word. It is anatomically and physiologically impossible."

The most remarkakle instance of bisexual hermaphrodism is said to be that recorded by Schrell, a German anatomist, in 1804. "In this case, there existed beneath a true penis, and independently of the testicles and vasa deferentia, which were naturally formed, a small vulva, furnished with labia and nymphæ, and communicating through a true vagina, with a rudimentary

"With respect to legal medicine, it is sufficient for me to point out here," says the author, "the insufficiency of the precepts given by authors for the determination of the sex in doubtful cases-precepts which have appeared exact, only because there had been but a very few of the combinations distinguished which nature presents. This difficulty in distinguishing the sex, is the consequence of the general fact, that while the internal organs vary almost to infinity in number, structure, and arrangement, (being either internal male, internal female-a double set of organs which are male and female-or finally ambiguous, being neither male nor female,) the external ones preserve their normal number; and the modifications which they present in other respects, being intermediate between the male and female sexes, are included within limits sufficiently narrow. It is then impossible that a particular arrangement of the external organs could correspond to each of the special combinations of the internal organs."

Lastly, the author remarks that legislation, admitting only two grand classes of individuals, on whom it imposes duties and grants different and almost opposite rights, according to their sex, does not truly embrace the entire of the cases; for there are subjects who have really no sex, such as neuter hermaphrodites, and hermaphrodites mixed by superposition; and on the other hand, certain individuals, the bisexual hermaphrodites, who present the two sexes united in the same degree.*

uterus, provided with round ligaments and imperfectly developed ovaries. Here the two sets of organs were nearly complete, but the male organs were fully developed, while the female remained in a rudimentary state." (British and Foreign Med. Review, vol. viii. p. 29.)

* A remarkable case of this description, which occurred in Paris, to Prof. Bouillaud, the editor of the Journal Hebdomedaire, is given from that journal in the Lancet, N. S., vol. xii. p. 60, and Medico-Chir. Review, vol. xxiii. p. 237. The subject, aged 62, and a widower, who died of cholera, was apparently a male; yet on dissection, a womb and its ovaries were found. There was a perfect prostate gland. The testicles, vesiculæ seminales, and vasa deferentia were wanting. The penis had a well-formed glans and preVOL. I.

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If the reader will compare this analysis with the accompanying chapter, he will readily observe in what respects the

puce. A vagina, about two inches long, connected the uterus with the urethra. The external genital organs of the female were entirely absent; but the general conformation (except a thick but soft beard) inclined to that sex.

Geoffroy St. Hilaire and Manec observe on this case, that "We must distinguish the organs of reproduction, and those of mere copulation; there may be an amalgamation or coexistence of the latter, but not of the former." There is an elaborate review of the work of St. Hilaire on Anomalies of Organization (monstrosities) in the British and Foreign Medical Review, vol. viii. pp. 1, 36.

I must also not omit referring to a very learned and elaborate article on "Hermaphroditism," by Professor Simpson, of Edinburgh, in the Cyclopedia of Anatomy and Physiology.

[A case of malformation of the sexual organs came under the observation of Prof. S. D. Gross, in which both penis and vagina were wanting, "but in the place of the former there was a small clitoris, and instead of the latter a cul-de-sac, covered with mucous membrane, the urethra occupying the usual situation in the female; the nymphæ unusually small, but the labia were developed, and containing each a testis quite as large, consistent, and well shaped as they ever are in boys at this age," (three years ;) castration was performed by Prof. G., the propriety of this operation being concurred in by Prof. Miller, of Louisville, who saw the child in consultation. The case is reported by Prof. Gross in the Am. Journ. of Med. Sciences.

The patient had always been regarded as a girl, having been so considered by the accoucheur, but at the age of two, the feelings and disposition of a boy began to be manifested. The operation was performed with the humane object of preventing the development of sexual desire at the age of puberty, which, under the circumstances, it was considered could only be productive of evil. Taking this view of the matter, the parents were solicitous for the operation. The patient was under the observation of Prof. Gross for several years afterwards. The habits and disposition subsequently manifested were those of a girl. The person was well developed, and the mind uncommonly active for a child of his years.

The motives of Professors Gross and Miller in the treatment pursued in this case cannot be questioned; and, looking solely to the future happiness of the child, the propriety of the practice would admit of, to say the least, a warm defence. Other considerations, however, are involved. The question arises, whether we have a right to deprive a person of the sexual propensity, admitting that insuperable difficulties in its exercise are incident to malformation, and that the possession of it cannot fail to lead to painful consequences. Another point relates to the position of the person, as regards sex, after the operation. The presence of well formed and fully developed testes entitles the case to be ranked among those of male hermaphrodism.-A. F.]

observations of M. St. Hilaire are to be deemed original. So far as they relate to legal medicine, distinct from the mere enunciation of facts, we may presume that little or no improvement can be made in our existing law, unless the mixed class be actually precluded from the power of inheriting.

CHAPTER V.

RAPE.

1. Signs of virginity-opinion of anatomists concerning them. 2. Signs of defloration and rape; diseases that may be mistaken for the effects of violence; value to be attached to external injuries as proof. Possibility of consummating a rape. False accusations. Appearances when death has followed violation. Case of Mary Ashford. 3. Laws of various countries as to the violation of children under ten years of age. Credibility of witnesses in these cases. Laws of various countries concerning the punishment of rape. Discussion as to the circumstances which constitute the crime in law. Diversity of decisions in England and this country. Late English law defining them, with decisions under the same. 4. Whether the presence of the venereal in the female should invalidate her accusation. Of rape during sleep, without the female's knowledge. Of pregnancy following rape. Law on this point. Of pregnancy following defioration. Rape on persons under the influence of anæsthetic agents.

NO CASE can occur in which public feeling is more warmly or justly excited, than where an attempt is made to injure or destroy the purity of the female. According to our system of laws, the testimony of the insulted individual is sufficient to condemn the criminal; yet notwithstanding this correct disposition, it not unfrequently occurs that the opinion of the physician is required, in order to elucidate various difficulties connected with the accusation. I shall, therefore, follow the plan pursued by all systematic writers on this subject, and commence with a notice of the signs of virginity. A knowledge of these is generally required in cases where children of a tender age have been abused; and again, they need to be known in those instances where malicious charges have been made by abandoned females. No remark can be more correct than that of Sir Matthew Hale, concerning this crime: "It is