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that the judgment must be arrested; the law not allowing wagers upon subjects leading to the introduction of indecent evidence (this being contra bonos mores), nor upon such subjects as were calculated to have an injurious effect upon the interest or character of a third person. Irrespective of this decision, the verdict was based upon what subsequently turned out to be untrue. The Chevalier was really a male, and not a female. He was examined by Sir Anthony Carlisle, who satisfied all present of the perfect condition of his testicles. (See 'Paris and Fonblanque,' vol. 1, p. 229.)

It would appear that in the United States the rights of citizenship, and the privilege of voting for members of Congress, have depended on the determination of sex. At an exciting and warmly-contested election in 1843, almost everything bearing the semblance of the human_form, of the male sex, is stated to have been brought to the ballot-box. It was at this time, and under these circumstances, that Levi Suydam, aged 23 years, a native of Salisbury, Con., was presented by the Whigs to be made a freeman; he was challenged by the opposite party, on the ground that he was more a female than a male, and that in his physical organization he partook of both sexes. There was a mons veneris, covered with hair in the usual way; an imperforate penis, subject to erections, about two and a half inches in length, with corresponding dimensions; the dorsum of the penis was connected by the cuticle and cellular membrane to the pubis, leaving about an inch and a half free, or not bound up, and towards the pubic region. This penis had a well-formed glans, a depression in the usual place of the outlet for urine, with a well-defined prepuce. The scrotum was not fully developed, inasmuch as it was but half the usual size, and not pendulous. In the scrotum, and on the right side of the penis, there was one testicle, of the size of a common filbert, with a spermatic cord attached. In the perineum, at the root of the corpora cavernosa, an opening existed through which micturition was performed: this opening was large enough to admit the introduction of an ordinary-sized catheter. Having found a penis and one testicle, although imperfectly developed, Barry, without further examination, gave it as his opinion that the person in question was a male citizen, and consequently entitled to vote and enjoy all the privileges of a freeman. On the morning of the election day, Barry was informed that Ticknor would oppose this person's admission on medical grounds. Suydam came forward; and Ticknor objected to him as a female, and therefore not entitled to vote. Barry then stated to the meeting, that, from an examination he had made, he considered the person in question to be a male; and requested that Ticknor might, with the consent of Suydam, retire into an adjoining room, and examine him for himself. This was done, when Ticknor ultimately came to the conclusion that this person was really a male. He was accordingly admitted a freeman, and his vote was received and registered. A few days after the election, Barry heard that Suydam had regularly menstruated as a woman. His sister informed Barry that she had washed for him for years, and that he menstruated as regularly, but not so profusely, as most women. When questioned, he very unwillingly confessed that such was the fact. He was again examined by the two physicians, when the following additional particulars were elicited :-Said Suydam was five feet two inches in height, light-coloured hair, fair complexion, with a beardless chin, and decidedly a sanguineous temperament, narrow shoulders, and broad hips-in short, every way of a feminine figure. There were well-developed breasts, with nipples and areola. On passing a female catheter into the opening through which micturition was performed, and through which he again stated he had a periodical bloody discharge monthly, instead of traversing a canal and drawing off urine, the catheter

appeared to enter immediately a passage similar to the vagina, three or four inches in depth, and in which there was a considerable play of the instrument. He stated that he had amorous desires, and that at this time his inclination was for the male sex: his feminine propensities, such as a fondness for gay colours, for pieces of calico, comparing and placing them together, an aversion for bodily labour, and an inability to perform the same, had been remarked by many. Barry further learned from an old lady who was present at the birth of Suydam, that on the second day after his birth, Delamater; who attended as accoucheur, made with an instrument the opening through which he had ever since performed micturition. (Amer. Jour. of the Med. Sc.' July, 1847.)

This was certainly an embarrassing case; one to which Lord Coke's rule for a decision, i.e. the prevalence of either sex, is hardly applicable. The presence of a penis and one testicle referred the being to the male sex, while the bodily configuration, and still more strongly the periodical menstrual discharge, referred him to the female sex. The right of voting might have been fairly objected to, because, while the female characters were decided, the organs indicative of the male sex are described as having been imperfectly developed.

Hartshorn quotes a case in which an attempt was made to destroy all sexuality, and thereby all rights of citizenship, in the case of an infant whose sexual organs were imperfect. (Amer. Jour. of Med. Sc.' Oct. 1852; Edin. Mouth. Jour.' Jan. 1853.) The child was three years of age, and had always up to that period been regarded as a girl, and in fact had been so pronounced at her birth by the accoucheur. At the age of two years she began to evince the taste, disposition, and feelings of the male sex she rejected dolls and similar articles of amusement, and became fond of boyish sports. She was well-grown, perfectly healthy, and quite fleshy. Her hair was dark and long, the eyes black, and the whole expression most agreeable. A careful examination of the external genitals disclosed the following circumstances:-there was neither a penis nor a vagina; but instead of the former there was a small clitoris, and in place of the latter a superficial depression or cul-de-sac covered with mucous membrane, and devoid of everything like an aperture or inlet. The urethra occupied the usual situation (in the female ?) and appeared to be natural; the nymphæ were remarkably diminutive, but the labia were well developed, and contained each a well-formed testicle quite as large and as firm as this organ generally is in boys at the same age. The hips, chest, thighs, and upper limbs were perfect. From this description it is pretty clear that the child was an androgynus, i.e. there was imperfect development of the sexual organs, with predominance of those of the male. There was no indication of uterus or ovaries, nor any external peculiarity, except that which is frequently met with in hermaphrodites, in which there is an arrest of male development, but no intermixture of the sexes. It was considered that, for the child's future welfare and happiness, it would be better that it should have no testicles at all, than that it should retain them under such an imperfect development of the other organs. They were therefore removed by operation from the labia or divided scrotum, and they were found perfectly formed in every respect, and the spermatic cords were quite natural. The operation was performed in July, 1849, and three years subsequently (in 1852) it was found that emasculation was complete, for the disposition and habits of the being had materially changed, and were those of a girl: she was found to take great delight in sewing and housework, and she no longer indulged in riding on sticks and other boyish exercises.

The reasons assigned for the performance of this operation-namely,

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the entire deprivation of sex, and thereby of any sexual feelings in afterlife-appear to be unsatisfactory. It is clear that this being was deprived of the rights and privileges of a male by the removal of the testicles. (See the case of Levi Suydam, ante, p. 279.) In this country it might have been a question whether the operator had not rendered himself liable in damages.

Concealed sex. It is almost superfluous to say that in some cases sex cannot be determined by the dress, appearance, or even voice of the individual. Cases in which males have passed for many years unsuspectedly as females, and vice versa, have been numerous. In some instances the secret has been disclosed only by death. Facts of this kind belong rather to the annals of imposture than to those of medical jurisprudence. A somewhat singular case of this description, that of Eliza Edwards, occurred in 1833. An unclaimed body was sent to Guy's Hospital, by the Inspector of anatomy, as a female: on removing the dress, however, it was found to be that of a male. From some suspicion respecting the cause of death, and the habits of this person, a Coroner's inquest was held. It turned out that the deceased, whose age was 24, had assumed the dress of a female at the age of 14, and had performed in many parts of England as an actress. The features had a somewhat feminine character; the hair was very long, and parted in the centre; the beard had been carefully plucked out, and the remains of this under the chin had been concealed by a peculiar style of dress. It was remarked during life that the voice was hoarse. The breasts were like those of a male, and the male sexual organs were perfectly developed. They had evidently been subjected to great stretching, and appeared to have been drawn forward and secured to the lower part of the abdomen. The state of the rectum left no doubt of the abominable practices to which this individual had been addicted. It was found that death had taken place from natural causes. The most remarkable circumstance in this case is, that the deceased had been attended in his last illness by an eminent physician for disease of the lungs; and so well was the imposition maintained, that his medical attendant did not entertain a suspicion of the real sex of his patient. (Med. and Phys. Jour.' Feb. 1833, p. 168.)

A more remarkable case, in which a female had successfully personated a male for many years, occurred in 1865. The case of Dr. James Barry, who was well known as Staff Assistant-Surgeon and Inspector of Hospitals, is referred to. In the following description the sex is retained under which Barry was known while living. He died in 1865, at the age of 80, and although suspicions had existed among those who had personally known him, that he laboured under some sexual defect, it was only proved after his death that he was really a woman. He is reported to have been the illegitimate child of a nobleman. When, where, and how he passed through his medical studies no one knew, but he contrived to obtain a diploma as Doctor of Medicine from Edinburgh, when only fifteen years of age. The young physician entered the army, and served at the Cape of Good Hope, St. Helena, the Ionian Islands, Malta, and the West Indies. Although eccentric, he is said to have displayed on various occasions great professional skill. He was noted for being very quarrelsome, and on one occasion at the Cape he challenged and fought a duel with a brother officer. In due course he retired from the service, received a pension, and was made Inspector of Hospitals. In 1857-8, and subsequently, his appearance and manners were effeminate. His face and hands were smooth and white, like those of a woman; he had no beard or whiskers. He was irritable, vain, well-informed, and able to talk on most professional subjects in a manner which showed that he had studied them with care. His habits were peculiar; he was a vegetarian in diet, and at dinner ate fruit

or vegetables, which he first soaked thoroughly in water in order to remove, as he informed his friends, the animalculæ upon them. He was thin, and in stature resembled a woman, his limbs being small, but in good proportion. His voice was shrill and squeaking, quite unlike that of a man. The impression left upon the mind of all those who saw him was that he laboured under some sexual malformation. After his death, however, it was found that he had the sexual organs of a woman. He had specially desired that no post-mortem examination of his body should be made, but this order was disobeyed, a special report having been ordered by the authorities. It is difficult to comprehend how, in assuming the attributes and duties of an army medical officer, he could have so successfully maintained the deception through a long life. Whether he menstruated or not does not appear. Although always accompanied by a black man as a valet, he was very secret with him, and would not allow him to be present while he was dressing. He is said to have always worn a peculiar and tight-fitting dress.

IMPOTENCY.

CHAPTER 72.

IMPOTENCY-PHYSICAL CAUSES-PROCREATIVE POWER IN THE MALE-PUBERTY— CONVICTIONS FOR RAPE-AGE FOR VIRILITY-LOSS OF VIRILE POWER BY AGE -POWERS OF CRYPSORCHIDES AND MONORCHIDES.

Definition.-Impotency is defined to be an incapacity for sexual intercourse. It may depend-1st, upon physical, 2nd, upon moral causes. With regard to the moral causes of impotency they do not concern a medical jurist. Such causes are not recognized by law, and he has no duty to perform beyond the application of the principles of medicine to the purposes of

the law.

Causes.-Impotency may arise from age,—from certain physical causes, e.g. disease or from congenital malformation or defect. With regard to physical causes, a distinction must be made between those which are remediable and those which are not. The presence of disease of the testicle, such as atrophy or fungous tumours, may give rise to incapacity; but the incapacity may be sometimes removed by an operation or by medical treatment, and therefore the physical cause may be removed :-in other words it is remediable. To such cases as these the law does not extend; but it is always expected, in alleged incapacity, that the practitioner examined on the subject should be able to say whether there is or is not a prospect of cure. Upon this point a knowledge of his profession can alone assist him; no rules can be laid down for his guidance, for there may not be two cases that will precisely resemble each other in their features. Hence it will be necessary to point out the chief causes of impotency which are of an irremediable nature, or those in which the incapacity is absolute and permanent; a point upon which a medical opinion is chiefly required.

In strictness of language, the definition of impotency, as above given, may be applied to a woman as well as to a man; and, undoubtedly, a physical incapacity for sexual intercourse may exist in either sex. As an instance of this incapacity in the female, may be mentioned occlusion of the vagina-a condition not necessarily indicative of sterility. The mere

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occlusion of the vagina may be a remediable form of the malady; but its entire obliteration would be absolute and irremediable. This latter condition, however, is the only instance of complete impotency in a female. A protrusion of the uterus or of the bladder into the vagina is mentioned by some writers as a cause of physical incapacity for intercourse; but these forms of disease may commonly be remedied by art, and therefore require no further notice in this place.

In professional language, the term impotency has been hitherto applied exclusively to a defect in the male sex; and the term sterility is usually confined to all those conditions in the woman which not only render intercourse impossible, but which render it unfruitful. A man may, however, be sterile without being impotent-a condition observed in some crypsorchides; or he may be impotent without being sterile, as where proper intercourse is prevented by reason of physical defect in the virile member, although the testicles may be in a normal condition. See on this subject, Curling on 'Sterility in Man' (1864). This author points out that sterility in the male, apart from impotency, may depend on three causes-1st, malposition of the testicles; 2nd, obstructions in the excretory ducts; and 3rd, impediments to the escape of the seminal fluid. A man may not be impotent, i.e. not incapable of intercourse, but, by reason of one of the conditions above-mentioned, such intercourse would be unfruitful. In reference to the male, the English law does not appear to go beyond the establishment of impotency from some clear and demonstrable cause, and, unless the alleged sterility were accompanied by impotency, it would take no cognizance of that condition. Sterility from such causes could hardly be demonstrated during the life of a person, and it would rest chiefly on presumption or probability.

Procreative power in the male. Puberty.-Until the period of puberty the testicles are small, and they increase very little in size in proportion to other parts. Curling found that the size of the seminal tubes differed but little at the ages of 18 months and 8 years. The sexual function in the male depends entirely on the proper development of these organs; but the age at which it appears differs in different persons. The age of puberty in a healthy male in this country varies from 14 to 17 years; its appearance is, however, affected by climate, constitution, and the moral circumstances under which the individual is placed, and in some cases it is not fully developed until the age of 21.

The access of puberty in the male is indirectly connected with the subject of rape. A boy under the age of fourteen years is presumed in law to be incapable of committing a rape. (1 Hale, p. 631, and Mathew's 'Digest,' p. 57.) In a case in which a boy of this age (14) was charged with rape the judge directed an acquittal. Although in other felonies sometimes malitia supplet aetatem, yet as to this particular act, the law presumes him to be impotent. Recorded cases, however, show that boys of this age are not always impotent. Instances of precocious puberty are, it is well known, very frequent. According to the statute law, proof of penetration only is required to complete the crime. As proof of emission is, therefore, no longer necessary, it may become a technical question whether, admitting the existence of guilty knowledge, the crime might not be completed in law long before the signs of puberty were fully developed. This question is very likely to arise, where boys are charged with the crime of rape upon female infants. The proof of the fact must rest with the medical evidence. It is singular that the present English law of rape may, in strictness, be made to include infants, as well as male adults. In Reg. v. King (York Wint. Ass. 1853), a boy aged 15 was convicted of rape on a girl under 10 years of age. In a case elsewhere related (see RAPE,