Death by drowning is caused by asphyxia from suffocation, by nervous or syncopal asphyxia, or by asphyxia from cerebral con gestion.
In the first, besides other indications of asphyxia, the face is pale or violet, a frothy foam at the mouth, froth in the larynx, tra chea, and bronchi, water in the trachea and, sometimes, in the ramifications of the bron chi, and also in the stomach. In the second, the face and skin are pale, the trachea emp ty, lungs and brain natural, no water in the stomach. In the third, the usual indi cations of death by apoplexy are found on examination of the brain, See 1 Ham. Leg. Med. 120.
Death by hanging is produced by asphyxia, suspending respiration by compressing the larynx, by apoplexy, pressing upon the veins and preventing the return of blood from the head, by fracture of the cervical verte bra, laceration of trachea or larynx, or rup ture of the ligaments of the neck, or by com pressing the nerves of the neck. The signs and indications depend upon the cause of death. Among these are, face livid and swollen, lips distorted, eyelids swollen, eyes red and projecting, tongue enlarged, livid, compressed, froth about the lips and nos trils, a deep ecchymosed mark of the cord about the neck, sometimes ecchymosed patch es on different parts of the body, lingers con tracted or clenched.
Death by strangulation presents much the same appearances, the mark of the cord be ing lower down on the neck, more horizon tal, and plainer and more distinctly eccby mosed.
Death by cold leaves few traces in the sys tem. Pale surface, general congestion of internal organs, sometimes effused serum in the ventricles of the brain.
Death by burning may show the usual signs consequent upon exposure to great heat, redness, blistering, charring. The un affected part of the body is usually pale. The extent of the body surface burnt, not the degree of burning, determines death. Death by Lightning usually exhibits a con tused or lacerated wound where the electric fluid entered and passed out. Sometimes an extensive ecchymosis appears.
Death by starvation produces general emaciation ; eyes and cheeks sunken; bones projecting ; face pale and ghastly ; eyes red and open ; skin, mouth, and fames dry ; stomach and intestines empty ; gall-bladder large and distended ; body exhaling a fetid odor; heart, lungs, and large vessels col lapsed ; early commencement of the putre factive process.
These and all other questions relating to persons found dead will be found fully dis cussed in works on medical jurisprudence.
The Legal Consequences. Persons who have been once shown to have been in life are always presumed thus to continue until the contrary is shown; so that the burden is on .he party asserting the death to make
proof of it; 2 East 312 ; 2 Rolle 461. But proof of a long continued absence unheard from and unexplained will lay a foundation for a presumption of death ; Butrick v. Tilton, 155 Mass. 461, 29 N. E. 1088; Bank of Louis ville v. Board of Trustees of Public Schools, 83 Ky. 219, 5 S. W. 735. Various periods of time are found in the adjudged cases to warrant such presumption. It was held to arise after twenty-seven years; 3 Bro. C. C. 510 ; twenty years, sixteen years ; 5 Ves. 458 ; Marden v. Boston, 155 Mass. 359, 29 N. E. 588 ; fourteen years ; Miller v. Beates, 3 S. & R. (Pa.) 490, 8 Am. Dec. 651; twelve years; King v. Paddock, 18 Johns. (N. Y.) 141: eleven years ; Baden v. McKenny, 7 Mackey (D. C.) 268. The general rule, as now un derstood, is that the presumption of the duration of life ceases at the expiration of seven years from the time when the person was last known to be living ; and after the lapse of that period there is a presnmption of death ; Smith v. Knowlton, 11 N. H. 197; Clarke's Ex'rs v. Canfield, 15 N. J. Eq. 119; Eagle v. Emmet, 4 Bradf. Sur. (N. Y.) 117; Chamb. Best Ev. 304, note, collecting the cases ; Francis v. Francis, 180 Pa. 644, 37 Atl. 120, 57 Am. St. Rep. 668 ; 4 U. C. Q. B. 510 ; 1 Greenl. Ev. § '41; 5 B. & Ad. 86 ; Henderson v. Bonar, 11 S. W. 809, 11 Ky. L. Rep. 219; French v. McGinnis, 69 Tex. 19, 9 W. 323. In most of the states the sub ject is regulated by statute. It is held also that there must be diligent inquiry among those who would probably hear from such absentee, to raise this presumption; Modern Woodmen of America v. Gerdom, 72 Kan. 391, 82 Pac. 110ct, 2 L. R. A. (N. S.) 809 ; Wentworth v. Wentworth, 71 Me. 74 ; In re Morrison's Estate, 183 Pa. 155, 38 Atl. 895 ; In re Board of Education of N. Y., 173 N. Y. 321, 66 N. E. 11. See Modern Woodmen of America v. Gerdom, 72 Kan. 391, 82 Pac. 1100, 2 L. R. A. (N. S.) 809, and cases cited. In In re Freeman's Estate, 18 Pa. Dist. R. 194, it was said that a pre gumption of death in consonance with the English rule arises at the end of an un explained absence of • seven years, but con trary to the English rule, a counter-presump tion also arises of a continuance of life dur ing and up to the very end of that period, subject to be modified by proof of the pres ence of imminent peril which menaced the life of the absent one and probably termi nated it within the period.