7. But the most reliable means consists in the application of auscultation, or the use of the stethoscope. This is resorted to for the purpose of discovering— First, the souffle, or placental sound.
Second, the pulsations of the foetal heart. The first is a low, murmuring or cooing sound, accompanied by a slight rushing noise, but without any sensation of impulse. It is synchronous with the pulse of the mother, and varies not in its situation during the course of the same pregnancy. Its seat in the abdomen does vary in pro portion to the progressive advance of the pregnancy, and it is liable to intermissions.
The second is quite different in its characteristics. It is marked by double pul sations, and hence very rapid, numbering from one hundred and twenty to one hundred and sixty in a minute. These pulsations are not heard until the end of the fifth month, and become more distinct as pregnancy ad vances. Their source being the foetal heart, their seat will vary with the varying position of the foetus. Auscultation, if successful, not only reveals the fact of pregnancy, but also the life of the foetus.
S. There is still another indication of pregnancy ; and that is a bluish tint of the vagina, extending from the os externum to the os uteri. It is a violet color, like lees of wine, and is caused by the increased vas cularity of the genital system consequent upon conception. But any similar cause ofher than conception may produce the same appearance.
Independent of what may be found on this subject in works on medical jurisprudence and midwifery, that of Dr. Montgomery on the ' Signs and Indications of Pregnancy is the fullest and met reliable.
The laws relating to pregnancy concern the circumstances under and the manner in which the fact is aseertained. There arc two cases where the fact whether a woman is or has been pregnant is important to ascertain. The one is when it is supposed she pretends pregnancy, and the other when she is charged with concealing it.
9. Pretended pregnancy naay arise from two causes: the one when a widow feigns herself with child in order to produce a supposititious heir to the estate. The pre
sumptive heir may in such case have a writ de venire inspiciendo, by which the sheriff is commanded to have such made, and the fact determined whether pregnancy exists or not, by twelve matrons, in the presence of twelve knights. If the result determine the fact of pregnancy, then she is to be kept under proper guard until she is delivered. If the pregnancy be negatived, the presumptive heir is admitted to the inheritance. 1 Sharswood, Blaekst. Comm. 456 ; Croke Eliz. 566; 4 Brown, Ch. 90 ; 2 P. Will. Ch. 591 ; Cox, Cr. Cos. 297. A practice quite similar prevailed in the civil law.
The second cause of pretended pregnancy occurs when a woman is under sentence of death for the commission of a crime. At common law, in case this plea be made before execution, the court must direct a jury of twelve matrons, or discreet women, to ascertain the fact, and if they bring in their verdict quick with child (for barely with child, unless it be alive in the womb, is not sufficient), execution shall be stayed, gene rally till the next session of the court, and so ftom session to session, till either she is delivered or proves hy the course of nature not to have been with child at all. 4 Shore wood, Blackst. Comm. 394, 395 ; 1 Bay, So. C. 487.
10. In Scotland, all that is necessary to be proved, to have execution delayed, is the fact of pregnancy, no difference being made whether she be quick with child or not. This is also the provision of the French penal code upon this subject. In this country, there is little doubt that clear proof that the woman was pregnant, though not quick with child, wduld at common law be sufficient to obtain a respite of execution until after delivery. The difficulty lies in making the proof sufficiently clear, the signs and indications being all somewhat uncertain, some of them vvanting, all liable to variation, aud conviction of the fact only fastening upon the mind when a number of them, inexplicable upon any other hypoth esis, concur in that one result.