Search billions of records on Ancestry.com
   
Website logo - Click to go to Home page




The Project Gutenberg EBook of On the uncertainty of the signs of murder
in the case of bastard children, by William Hunter

This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever.  You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.net


Title: On the uncertainty of the signs of murder in the case of bastard children

Author: William Hunter

Release Date: October 11, 2008 [EBook #26870]

Language: English

Character set encoding: ISO-8859-1

*** START OF THIS PROJECT GUTENBERG EBOOK MURDER--BASTARD CHILDREN ***




Produced by The Online Distributed Proofreading Team at
http://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive/American
Libraries.)






Transcriber's Note

Obvious typographical errors have been corrected in this text. For a complete list, please see the bottom of this document.

on

THE UNCERTAINTY

of

THE SIGNS OF MURDER

in the case of

BASTARD CHILDREN.

by the late

WILLIAM HUNTER, M.D. F.R.S.

PHYSICIAN EXTRAORDINARY TO THE QUEEN,

and member of the royal academy of sciences at paris.

London:
printed for j. callow, crown court,
princes street, soho.

1818.


[3]

to the

Members of the Medical Society.

Read July 14, 1783.

Gentlemen,

In the course of the present year, one of our friends, distinguished by rank, fortune, and science, came to me upon the following occasion: In the country, he said, a young woman was taken up, and committed to jail to take her trial, for the supposed murder of her bastard child. According to the information which he had received, he was inclined to believe, from the circumstances, that she was innocent; and yet, understanding that the minds of the people in that part of the country were much exasperated against her, by the popular cry of a cruel and unnatural murder, he feared, though innocent, she might fall a victim to prejudice and blind zeal. What he wished, he said, was to procure an unprejudiced[4] enquiry. He had been informed that it was a subject which I had considered in my lectures, and made some remarks upon it, which were not perhaps sufficiently known, or enough attended to; and his visit to me was, to know what these remarks were. I told him what I had commonly said upon that question. He thought some of the observations so material, that he imagined they might sometimes be the means of saving an innocent life: and if they could upon the present occasion do so, which he thought very possible, he was sure I would willingly take the trouble of putting them upon paper. Next day I sent them to him in a letter, which I said he was at liberty to use as he might think proper. Some time afterwards he told me that he had great pleasure in thanking me for the letter, and telling me that the trial was over; that the unfortunate young woman was acquitted, and that he had reason to believe that my letter had been instrumental. This having been the subject of some conversation one evening at our medical meeting, you remember, Gentlemen, [5]that you thought the subject interesting, and desired me to give you a paper upon it. I now obey your command.


In those unhappy cases of the death of bastard children, as in every action indeed that is either criminal or suspicious, reason and justice demand an enquiry into all the circumstances; and particularly to find out from what views and motives the act proceeded. For, as nothing can be so criminal but that circumstances might be added by the imagination to make it worse; so nothing can be conceived so wicked and offensive to the feelings of a good mind, as not to be somewhat softened or extenuated by circumstances and motives. In making up a just estimate of any human action, much will depend on the state of the agent's mind at the time; and therefore the laws of all countries make ample allowance for insanity. The insane are not held to be responsible for their actions.[6]

The world will give me credit, surely, for having had sufficient opportunities of knowing a good deal of female characters. I have seen the private as well as the public virtues, the private as well as the more public frailties of women in all ranks of life. I have been in their secrets, their counsellor and adviser in the moments of their greatest distress in body and mind. I have been a witness to their private conduct, when they were preparing themselves to meet danger, and have heard their last and most serious reflections, when they were certain they had but a few hours to live.

That knowledge of women has enabled me to say, though no doubt there will be many exceptions to the general rule, that women who are pregnant without daring to avow their situation, are commonly objects of the greatest compassion; and generally are less criminal than the world imagine. In most of these cases the father of the child is really criminal, often cruelly so; the mother is weak, credulous, and deluded. Having obtained gratification, he thinks no more[7] of his promises; she finds herself abused, disappointed of his affection, attention, and support, and left to struggle as she can, with sickness, pains, poverty, infamy; in short, with compleat ruin for life!

A worthless woman can never be reduced to that wretched situation, because she is insensible to infamy; but a woman who has that respectable virtue, a high sense of shame, and a strong desire of being respectable in her character, finding herself surrounded by such horrors, often has not strength of mind to meet them, and in despair puts an end to a life which is become insupportable. In that case, can any man, whose heart ever felt what pity is, be angry with the memory of such an unfortunate woman for what she did? She felt life to be so dreadful and oppressive, that she could not longer support it. With that view of her situation, every humane heart will forget the indiscretion or crime, and bleed for the sufferings which a woman must have gone through; who, but for having listened to the[8] perfidious protestations and vows of our sex, might have been an affectionate and faithful wife, a virtuous and honoured mother, through a long and happy life; and probably that very reflection raised the last pang of despair, which hurried her into eternity. To think seriously of what a fellow-creature must feel, at such an awful moment, must melt to pity every man whose heart is not steeled with habits of cruelty; and every woman who does not affect to be more severely virtuous and chaste than perhaps any good woman ever was.

It may be said that such a woman's guilt is heightened, when we consider that at the same time that she puts an end to her own life, she murders her child. God forbid that killing should always be murder! It is only murder when it is executed with some degree of cool judgment, and wicked intention. When committed under a phrenzy from despair, can it be more offensive in the sight of God, than under a phrenzy from a fever, or in lunacy? It should therefore,[9] as it must raise our horror, raise our pity too.

What is commonly understood to be the murder of a bastard child by the mother, if the real circumstances were fully known, would be allowed to be a very different crime in different circumstances.

In some (it is to be hoped rare) instances, it is a crime of the very deepest dye: it is a premeditated contrivance for taking away the life of the most inoffensive and most helpless of all human creatures, in opposition not only to the most universal dictates of humanity, but of that powerful instinctive passion which, for a wise and important purpose, the Author of our nature has planted in the breast of every female creature, a wonderful eagerness about the preservation of its young. The most charitable construction that could be put upon so savage an action, and it is to be hoped the fairest often, would be to reckon it the work of phrenzy, or temporary insanity.[10]

But, as well as I can judge, the greatest number of what are called murders of bastard children, are of a very different kind. The mother has an unconquerable sense of shame, and pants after the preservation of character: so far she is virtuous and amiable. She has not the resolution to meet and avow infamy. In proportion as she loses the hope either of having been mistaken with regard to pregnancy, of being relieved from her terrors by a fortunate miscarriage, she every day sees her danger greater and nearer, and her mind more overwhelmed with terror and despair. In this situation many of these women, who are afterwards accused of murder, would destroy themselves, if they did not know that such an action would infallibly lead to an enquiry, which would proclaim what they are so anxious to conceal. In this perplexity, and meaning nothing less than the murder of the infant, they are meditating different schemes for concealing the birth of the child; but are wavering between difficulties on all sides, putting the evil hour off, and[11] trusting too much to chance and fortune.—In that state often they are overtaken sooner than they expected; their schemes are frustrated; their distress of body and mind deprives them of all judgment, and rational conduct; they are delivered by themselves, wherever they happened to retire in their fright and confusion; sometimes dying in the agonies of childbirth, and sometimes, being quite exhausted, they faint away, and become insensible to what is passing; and when they recover a little strength, find that the child, whether still-born or not, is completely lifeless. In such a case, is it to be expected, when it could answer no purpose, that a woman should divulge the secret? Will not the best dispositions of mind urge her to preserve her character? She will therefore hide every appearance of what has happened as well as she can; though if the discovery be made, that conduct will be set down as a proof of her guilt.

To be convinced, as I am, that such a case often happens, the reader would wish[12] perhaps to have some examples and illustrations. I have generally observed, that in proportion as women more sincerely repent of such ruinous indiscretions, it is more difficult to prevail upon them to confess; and it is natural. Among other instances which might be mentioned, I opened the bodies of two unmarried women, both of them of irreproachable and unsuspected characters with all who knew them. Being consulted about their healths, both of them deceived me. One of them I suspected, and took pains to prevail with her to let me into the secret, if it was so; promising that I would do her the best offices in my power to help her out of the difficulties that might be hanging over her: but it was to no purpose. They both died of racking pains in their bowels, and of convulsions. Upon laying out of the dead bodies, in one of the cases a dead child, not come to its full time, was found laying between the unhappy mother's limbs; and in the other, a very large dead child was discovered, only half born. Such instances will sufficiently shew what a[13] patient and fixed resolution the fear of shame will produce. A young unmarried woman, having concealed her pregnancy, was delivered during the night by herself. She was suspected; the room was searched, and the child was found in her box, wrapped up in wet clothes. She confessed that the child was hers, but denied the having murdered it, or having had an intention to do so. I opened the child with Mr. Pinkstan, of St. Alban's-street, and the lungs would not sink in water. Her account of herself was this: she was a faithful and favourite servant in a family, which she could not leave without a certainty of her situation being discovered; and such a discovery she imagined would be certain ruin to her for life. Under this anguish of mind she was irresolute, and wavering from day to day as to her plan of conduct. She made some clothes for the preservation of her child (a circumstance which was in her favour), and she hired a bed-room in an adjacent street, to be ready to receive a woman in labour at a moment's notice. Her scheme[14] was, when taken in labour, to have run out to that house, to be delivered by a midwife, who was to have been brought to her. She was to have gone home presently after, and to have made the best excuse she could for being out. She had heard of soldiers wives being delivered behind a hedge, and following the husband with the child in a short time after; and she hoped to be able to do as much herself. She was taken ill of a cholic, as she thought, in the night; put on some cloaths, both to keep her warm, and that she might be ready to run out, if her labour should come on. After waiting some time, she suddenly fell into such racking pain and terror, that she found she had neither strength nor courage to go down stairs, and through the street, in that condition, and in the night. In despair she threw herself upon the bed, and by the terror and anguish which she suffered, she lost her senses, and fainted. When she came to a little recollection, she found herself in a deluge of discharges, and a dead child lying by her limbs. She first of all attended to[15] the child, and found that it was certainly dead. She lay upon the bed some time, considering what she should do; and by the time that there was a little day-light she got up, put all the wet cloaths and the child into her box, put the room and bed into order, and went into it. The woman of whom she hired the room and who had received a small sum of money as earnest, though she did not know who she was, swore to her person, and confirmed that part of her story. Mr. Pinkstan and I declared that we thought her tale very credible, and reconciled it to the circumstance of the swimming of the lungs, to the satisfaction of the jury, as we shall hereafter do to the reader. She was acquitted; and I had the satisfaction of believing her to be innocent of murder.

In most of these cases we are apt to take up an early prejudice; and when we evidently see an intention of concealing the birth, conclude that there was an intention of destroying the child: and we account for[16] every circumstance upon that supposition, saying, why else did she do so and so? and why else did she not do so and so? Such questions would be fair, and draw forth solid conclusions, were the woman supposed at the time to be under the direction of a calm and unembarrassed mind; but the moment we reflect that her mind was violently agitated with a conflict of passions and terror, an irrational conduct may appear very natural.

Allow me to illustrate this truth by a case. A lady, who, thank God! has now been perfectly recovered many years, in the last months of her pregnancy, on a fine summer's evening, stept out, attended by her footman, to take a little air on a fine new pavement at her own door, in one of our most even, broad, and quiet streets. Having walked gently to the end of the street, where there was a very smooth crossing place; she thought she would go over, for a little variety, and return towards her house by walking along the other side of the street.[17] Being heavy and not unmindful of her situation, she was stepping very slowly and cautiously, for fear of meeting with any accident. When she had advanced a few steps in crossing the street, a man came up on a smart trot, riding on a cart, which made a great rattling noise. He was at a sufficient distance to let her get quite over, or to return back with great deliberation; and she would have been perfectly safe, if she had stood still. But she was struck with a panic, lost her judgment and senses, and the horror of confusion between going on, or returning back, both of which she attempted, she crossed the horse at the precise point of time to be caught and entangled in the wheel, was thrown down, so torn and mashed in her flesh and bones, that she was taken up perfectly senseless, and carried home without the least prospect of a recovery. This lady was in the prime of life, living in affluence, beloved by her family, and respected by all the world. No imagination could suggest an idea of her intending to destroy herself; but if her situation in[18] life at that time could have favoured such a supposition, we see in fact that the most unquestionable proof that she could have saved herself, either by going on, or by turning back, or by standing still, would have signified nothing towards proving that she had intended to put an end to her own life and to that of her child. One shudders to think that innocent women may have suffered an ignominous death, from such equivocal proofs and inconclusive reasoning.

Most of these reflections would naturally occur to any unprejudiced person, and therefore upon a trial in this country, where we are so happy as to be under the protection of judges, who, by their education, studies, and habits, are above the reach of vulgar prejudices, and make it a rule for their conduct to suppose the accused party innocent till guilt be proved; with such judges, I say, there will be little danger of an innocent woman being condemned by false reasoning. But danger, in the cases of which we are now treating, may[19] arise from the evidence and opinions given by physical people, who are called in to settle questions in science, which judges and jurymen are supposed not to know with accuracy. In general I am afraid too much has been left to our decision. Many of our profession are not so conversant with science as the world may think: and some of us are a little disposed to grasp at authority in a public examination, by giving a quick and decided opinion, where it should have been guarded with doubt; a character which no man should be ambitious to acquire, who in his profession is presumed every day to be deciding nice questions upon which the life of a patient may depend.

To form a solid judgment about the birth of a new-born child, from the examination of its body, a professional man should have seen many new-born children, both still-born, and such as had outlived their birth a short time only; and he should have dissected, or attended the dissections of a number of bodies in the different stages of advancing[20] putrefaction. I have often seen various common and natural appearances, both internal and external, mistaken for marks of a violent death. I remember a child which was found in a compressed state and globular form, and, like hardened dough, had retained all the concave impressions which had been made where any part of the skin and flesh had been pressed inwards. The jury had got an opinion that this moulding of the flesh could not have happened, except the infant had been put into that compressed state while it was alive. My anatomical employments enabled me to remove all their doubts about the fact. I offered to make the experiment before them, if they pleased; the child should be laid in warm water, till its flesh should become soft and pliable, as in a body just dead; then it should be compressed, and remain so till cold, and then they would see the same effect produced. They were satisfied, without making the trial.

In many cases, to judge of the death of a[21] child, it may be material to attend accurately to the force of cohesion between the skin and the scarf-skin: and still more, to be well acquainted with the various appearances of the blood settling upon the external parts of the body, and transuding through all the internal parts in proportion to the time that it has been dead, and to the degree of heat in which it has been kept.

When a child's head or face looks swoln, and is very red, or black, the vulgar, because hanged people look so, are apt to conclude that it must have been strangled. But those who are in the practice of midwifery know that nothing is more common in natural births, and that the swelling and deep colour go gradually off, if the child lives but a few days. This appearance is particularly observable in those cases where the naval string happens to gird the child's neck, and where its head happens to be born some time before its body.

There are many other circumstances to[22] be learned by an extensive experience in anatomy and midwifery, which, for fear of making this paper prolix, and thence less useful, I shall pass over, and come to the material question, viz. in suspicious cases, how far may we conclude that the child was born alive, and probably murdered by its mother, if the lungs swim in water?

First, We may be assured that they contain air. Then we are to find out if that air be generated by putrefaction.

Secondly, To determine this question, we are to examine the other internal parts, to see if they be emphysematous, or contain air; and we must examine the appearance of the air-bubbles in the lungs with particular attention. If the air which is in them be that of respiration, the air-bubbles will hardly be visible to the naked eye; but if the air-bubbles be large, or if they run in lines along the fissures between the component lobuli of the lungs, the air is certainly emphysematous, and not air which had been taken in by breathing.[23]

Thirdly, If the air in the lungs be found to be contained in the natural air-vesicles, and to have the appearance of air received into them by breathing, let us next find out if that air was not perhaps blown into the lungs after the death of the infant. It is so generally known that a child, born apparently dead, may be brought to life by inflating its lungs, that the mother herself, or some other person, might have tried the experiment. It might even have been done with a most diabolical intention of bringing about the condemnation of the mother.

But the most dangerous and the most common error into which we are apt to fall, is this, viz. supposing the experiment to have been fairly made, and that we have guarded against every deception above mentioned, we may rashly conclude that the child was born alive, and therefore must probably have been murdered; especially in a case where the mother had taken pains, by secreting the child, to conceal the birth. As this last circumstance has generally great[24] weight with a jury, I will only observe, that in fair equity, it cannot amount to more than a ground of suspicion, and therefore should not determine a question, otherwise doubtful between an acquittal, or an ignominous death.

Here let us suppose a case which every body will allow to be very possible. An unmarried woman, becoming pregnant, is striving to conceal her shame, and laying the best scheme that she can devise, for saving her own life, and that of the child, and at the same time concealing the secret—but her plan is at once disconcerted, by her being unexpectedly and suddenly taken ill by herself, and delivered of a dead child. If the law punishes such a woman with death for not publishing her shame, does it not require more from human nature than weak human nature can bear? In a case so circumstanced, surely the only crime is the having been pregnant, which the law does not mean to punish with death; and the attempt to conceal it by fair means should[25] not be punishable by death, as that attempt seems to arise from a principle of virtuous shame.

Having shewn that the secreting of the child amounts at most to suspicion only, let us return to the most important question of all, viz. If in case of a concealed birth, it be clearly made out that the child had breathed, may we infer that it was murdered? Certainly not. It is certainly a circumstance like the last, which amounts only to suspicion. To prove this important truth to the satisfaction of the reader, it may be thought fit to assert the following facts, which I know from experience to be true, and which will be confirmed by every person who has been much employed in midwifery.

1. If a child makes but one gasp, and instantly dies, the lungs will swim in water as readily as if it breathed longer, and had then been strangled.[26]

2. A child will very commonly breathe as soon as its mouth is born, or protruded from the mother, and in that case may lose its life before its body be born; especially when there happens to be a considerable interval of time between what we may call the birth of the child's head, and the protrusion of its body. And if this may happen where the best assistance is at hand, it is still more likely to happen when there is none; that is, where the woman is delivered by herself.

3. We frequently see children born, who from circumstances in their constitution, or in the nature of the labour, are but barely alive; and after breathing a minute or two, or an hour or two, die in spite of all our attention. And why may not that misfortune happen to a woman who is brought to bed by herself?

4. Sometimes a child is born so weak, that if it be left to itself, after breathing or sobbing, it might probably die, yet may be roused to life by blowing into its lungs applying [27]warmth and volatiles, rubbing it, &c. &c. But in the cases which we have been considering such means of saving life are not to be expected.

5. When a woman is delivered by herself, a strong child may be born perfectly alive, and die in a very few minutes for want of breath; either by being upon its face in a pool made by the natural discharges, or upon wet cloaths; or by the wet things over it collapsing and excluding air, or drawn close to its mouth and nose by the suction of breathing. An unhappy woman delivered by herself, distracted in her mind, and exhausted in her body, will not have strength or recollection enough to fly instantly to the relief of the child. To illustrate this important truth, I shall give a short case.

A lady, at a pretty distant quarter of the town, was taken with labour pains in the night-time. Her nurse, who slept in the house, and her servants, were called up, and I was sent for. Her labour proved[28] hasty, and the child was born before my arrival. The child cried instantly, and she felt it moving strongly. Expecting every moment to see me come into her bedchamber, and being afraid that the child might be someway injured, if an unskilful person should take upon her the office of a midwife upon the occasion, she would not permit the nurse to touch the child, but kept herself in a very fatiguing posture, that the child might not be pressed upon, or smothered. I found it lying on its face, in a pool which was made by the discharges; and so completely dead, that all my endeavours to rouze it to life proved vain.

These facts deserve a serious consideration from the public: and as I am under a conviction of mind, that, when generally known, they may be the means of saving some unhappy and innocent women, I regard the publication of them as an indispensable duty.

Printed by G. Hayden, Brydges Street, Covent Garden.

Transcriber's Notes

Page 7: Comma added after "abused".

Page 9: "premediated" amended to "premeditated"

Page 13 "her's" amended to "hers"

Page 14: Comma after "her labour should come on" replaced with a full stop. "Sudenly" amended to "suddenly"; "pain und terror" amended to "pain and terror".

Page 17: "senselesss" amended to "senseless"

Page 18: "ignominous" sic

Page 24: "ignominous" sic

Page 26: "brobably" amended to "probably"

Page 28: "indispensible" amended to "indispensable"






End of the Project Gutenberg EBook of On the uncertainty of the signs of
murder in the case of bastard children, by William Hunter

*** END OF THIS PROJECT GUTENBERG EBOOK MURDER--BASTARD CHILDREN ***

***** This file should be named 26870-h.htm or 26870-h.zip *****
This and all associated files of various formats will be found in:
        http://www.gutenberg.org/2/6/8/7/26870/

Produced by The Online Distributed Proofreading Team at
http://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive/American
Libraries.)


Updated editions will replace the previous one--the old editions
will be renamed.

Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties.  Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark.  Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission.  If you
do not charge anything for copies of this eBook, complying with the
rules is very easy.  You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research.  They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks.  Redistribution is
subject to the trademark license, especially commercial
redistribution.



*** START: FULL LICENSE ***

THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
http://gutenberg.net/license).


Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
electronic works

1.A.  By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement.  If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B.  "Project Gutenberg" is a registered trademark.  It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement.  There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement.  See
paragraph 1.C below.  There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works.  See paragraph 1.E below.

1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works.  Nearly all the individual works in the
collection are in the public domain in the United States.  If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed.  Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work.  You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.

1.D.  The copyright laws of the place where you are located also govern
what you can do with this work.  Copyright laws in most countries are in
a constant state of change.  If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work.  The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.

1.E.  Unless you have removed all references to Project Gutenberg:

1.E.1.  The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase "Project Gutenberg" appears, or with which the phrase "Project
Gutenberg" is associated) is accessed, displayed, performed, viewed,
copied or distributed:

This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever.  You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.net

1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges.  If you are redistributing or providing access to a work
with the phrase "Project Gutenberg" associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.

1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder.  Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.

1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.

1.E.5.  Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.

1.E.6.  You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form.  However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.net),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original "Plain Vanilla ASCII" or other
form.  Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.

1.E.7.  Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8.  You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that

- You pay a royalty fee of 20% of the gross profits you derive from
     the use of Project Gutenberg-tm works calculated using the method
     you already use to calculate your applicable taxes.  The fee is
     owed to the owner of the Project Gutenberg-tm trademark, but he
     has agreed to donate royalties under this paragraph to the
     Project Gutenberg Literary Archive Foundation.  Royalty payments
     must be paid within 60 days following each date on which you
     prepare (or are legally required to prepare) your periodic tax
     returns.  Royalty payments should be clearly marked as such and
     sent to the Project Gutenberg Literary Archive Foundation at the
     address specified in Section 4, "Information about donations to
     the Project Gutenberg Literary Archive Foundation."

- You provide a full refund of any money paid by a user who notifies
     you in writing (or by e-mail) within 30 days of receipt that s/he
     does not agree to the terms of the full Project Gutenberg-tm
     License.  You must require such a user to return or
     destroy all copies of the works possessed in a physical medium
     and discontinue all use of and all access to other copies of
     Project Gutenberg-tm works.

- You provide, in accordance with paragraph 1.F.3, a full refund of any
     money paid for a work or a replacement copy, if a defect in the
     electronic work is discovered and reported to you within 90 days
     of receipt of the work.

- You comply with all other terms of this agreement for free
     distribution of Project Gutenberg-tm works.

1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
Foundation as set forth in Section 3 below.

1.F.

1.F.1.  Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection.  Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
"Defects," such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.

1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH F3.  YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.

1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from.  If you
received the work on a physical medium, you must return the medium with
your written explanation.  The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund.  If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund.  If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.

1.F.4.  Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.

1.F.5.  Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law.  The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.

1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.


Section  2.  Information about the Mission of Project Gutenberg-tm

Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers.  It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.

Volunteers and financial support to provide volunteers with the
assistance they need, is critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come.  In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at http://www.pglaf.org.


Section 3.  Information about the Project Gutenberg Literary Archive
Foundation

The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service.  The Foundation's EIN or federal tax identification
number is 64-6221541.  Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising.  Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.

The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations.  Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
business@pglaf.org.  Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org

For additional contact information:
     Dr. Gregory B. Newby
     Chief Executive and Director
     gbnewby@pglaf.org


Section 4.  Information about Donations to the Project Gutenberg
Literary Archive Foundation

Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment.  Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.

The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States.  Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements.  We do not solicit donations in locations
where we have not received written confirmation of compliance.  To
SEND DONATIONS or determine the status of compliance for any
particular state visit http://pglaf.org

While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.

International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States.  U.S. laws alone swamp our small staff.

Please check the Project Gutenberg Web pages for current donation
methods and addresses.  Donations are accepted in a number of other
ways including including checks, online payments and credit card
donations.  To donate, please visit: http://pglaf.org/donate


Section 5.  General Information About Project Gutenberg-tm electronic
works.

Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone.  For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.


Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included.  Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.


Most people start at our Web site which has the main PG search facility:

     http://www.gutenberg.net

This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.



JGC Logo Valid HTML5 Logo HTML5 Logo Valid CSS3 Logo JGC Logo
Copyright logo
This page (26870-h.htm) was last modified on Sunday 27/01/2013