The Project Gutenberg eBook of On the uncertainty of the signs of murder in the case of bastard children
    
This ebook is for the use of anyone anywhere in the United States and
most other parts of the world 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.org. If you are not located in the United States,
you will have to check the laws of the country where you are located
before using this eBook.

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]
                Most recently updated: January 4, 2021

Language: English

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


*** START OF THE PROJECT GUTENBERG EBOOK ON THE UNCERTAINTY OF THE SIGNS OF MURDER IN THE CASE OF BASTARD CHILDREN ***




Produced by The Online Distributed Proofreading Team at
https://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.




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 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, 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.

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 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 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, 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.

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 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 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 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 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 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
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. 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 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 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
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 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 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.

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 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 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.

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 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 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 ON THE UNCERTAINTY OF THE SIGNS OF MURDER IN THE CASE OF BASTARD CHILDREN ***


    

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

Creating the works from print editions not protected by U.S. copyright
law 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™ electronic works to protect the PROJECT GUTENBERG™
concept and trademark. Project Gutenberg is a registered trademark,
and may not be used if you charge for an eBook, except by following
the terms of the trademark license, including paying royalties for use
of the Project Gutenberg trademark. If you do not charge anything for
copies of this eBook, complying with the trademark license is very
easy. You may use this eBook for nearly any purpose such as creation
of derivative works, reports, performances and research. Project
Gutenberg eBooks may be modified and printed and given away—you may
do practically ANYTHING in the United States with eBooks not protected
by U.S. copyright law. 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™ 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™ License available with this file or online at
www.gutenberg.org/license.

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

1.A. By reading or using any part of this Project Gutenberg™
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™ electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg™ 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™ 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™ electronic works if you follow the terms of this
agreement and help preserve free future access to Project Gutenberg™
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™ electronic works. Nearly all the individual
works in the collection are in the public domain in the United
States. If an individual work is unprotected by copyright law 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™ mission of promoting
free access to electronic works by freely sharing Project Gutenberg™
works in compliance with the terms of this agreement for keeping the
Project Gutenberg™ 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™ 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™ work. The Foundation makes no
representations concerning the copyright status of any work in any
country other than 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™ License must appear
prominently whenever any copy of a Project Gutenberg™ 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 in the United States and most
    other parts of the world 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.org. If you
    are not located in the United States, you will have to check the laws
    of the country where you are located before using this eBook.
  
1.E.2. If an individual Project Gutenberg™ electronic work is
derived from texts not protected by U.S. copyright law (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™
trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ 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™ 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™
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg™.

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™ 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™ work in a format
other than “Plain Vanilla ASCII” or other format used in the official
version posted on the official Project Gutenberg™ website
(www.gutenberg.org), 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™ 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™ 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™ electronic works
provided that:

    • You pay a royalty fee of 20% of the gross profits you derive from
        the use of Project Gutenberg™ works calculated using the method
        you already use to calculate your applicable taxes. The fee is owed
        to the owner of the Project Gutenberg™ 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™
        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™
        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™ works.
    

1.E.9. If you wish to charge a fee or distribute a Project
Gutenberg™ electronic work or group of works on different terms than
are set forth in this agreement, you must obtain permission in writing
from the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg™ 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
works not protected by U.S. copyright law in creating the Project
Gutenberg™ collection. Despite these efforts, Project Gutenberg™
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™ trademark, and any other party distributing a Project
Gutenberg™ 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 1.F.3. 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 MERCHANTABILITY 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™ electronic works in
accordance with this agreement, and any volunteers associated with the
production, promotion and distribution of Project Gutenberg™
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™ work, (b) alteration, modification, or
additions or deletions to any Project Gutenberg™ work, and (c) any
Defect you cause.

Section 2. Information about the Mission of Project Gutenberg™

Project Gutenberg™ 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 are critical to reaching Project Gutenberg™’s
goals and ensuring that the Project Gutenberg™ 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™ 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 information page at www.gutenberg.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. 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 business office is located at 809 North 1500 West,
Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation’s website
and official page at www.gutenberg.org/contact

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

Project Gutenberg™ depends upon and cannot survive without widespread
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 www.gutenberg.org/donate.

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 checks, online payments and credit card donations. To
donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project Gutenberg™ electronic works

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

Project Gutenberg™ eBooks are often created from several printed
editions, all of which are confirmed as not protected by copyright 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 website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,
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.