Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Except in case of persons dying in jail, the Coroner must not hold
unnecessary inquests on the bodies of those who have died in the
ordinary course of nature. “And the Court of King’s Bench, on two
several occasions within my own memory, blamed the Coroners of Norfolk
and Anglesea, for holding repeated and unnecessary inquests, for the
sake of enhancing their fees, on bodies and parts of bodies which were
cast up by the sea shore, without the smallest probability or
suspicion of the deaths happening in any other manner than by the
unfortunate perils of the sea.” 1 _East. P.C._ 382. See _ib._ the case
of _Rex v. Harrison_, for extorting money for _not_ holding an
inquest.
Footnote 77:
For this purpose the Coroner issues a precept to the constable of such
townships to return a competent number of jurors, viz. not less than
twelve. 2 _Hale, P.C._ 59. 62. 1 _East. P.C._ 380.
Footnote 78:
But this power should be used with discretion. On a late occasion, the
Judge severely reprobated the conduct of a magistrate, who had
committed a poor lad to await the assizes, in company of notorious
thieves and other desperate characters, because he had been the
innocent witness of a felony, and was too poor to find recognizance.
Footnote 79:
Thus in the case of Sir _Edmondsbury Godfrey_, much blood might have
been spared, and much political controversy avoided, if it had been
possible to determine whether the murder had taken place in the field
where the body was found, or at Somerset House, as charged by
witnesses who afterwards confessed their perjury.
Footnote 80:
“It is true that the statute does in terms only require the coroner to
put in writing _the effect_ of the evidence. But this must not be
taken to give him a latitude, such as hath been but too often taken by
persons of this description to the great perversion of truth and
justice, of putting down, not the words of the witnesses, but his own
conception of their tendency. It is doubtless the meaning of the act,
that the examination of the witnesses should be taken down with the
greatest possible accuracy as to all material points of the inquiry:
otherwise one great benefit of the act, which is to enable the Court
to compare the examination with the evidence, must be defeated. _The
effect_ mentioned therein, means the true and genuine sense of the
evidence, as delivered in detail, not indeed in letters, syllables, or
even words; though these should not be needlessly departed from; but
the fair and obvious meaning of the words spoken, and not the final
result of the evidence. Complaints have in my own memory been made by
judges on the circuits of the culpable neglect of coroners in this
respect, and threats of exemplary punishment holden out to them, to
prevent a repetition of the same abuse in future.” 1 _East. P.C._ 384.
Footnote 81:
Public-domain text, read in full here on John Shaqi.
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