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
7. By laying noisome and poisonous filth at a man’s door, to the intent
by a poisonous air to poison him. _Mr. Dalton_, _cap._ 93, out of _Mr.
Cook’s_ reading.[94]
8. By strangulation or suffocation.
“_Moriendi mille figuræ._”
The two first of these modes frequently occur in cases of infanticide,
and to that head, which requires separate consideration on account of
its intricacy, we shall therefore refer it. Adults can seldom, if ever,
be exposed to destruction in this manner; though, as in —— _Brownrigg’s_
case, and others of the same class, it may constitute a part of the
crime of murdering children, even of an advanced age, by duress and
starvation; where it is by a combination of cruel injuries, and not by
one specific blow or wound, that death is produced. These cases we shall
include under a general head, having first disposed of those which
require more specific notice.
“_By imprisoning a man so strictly that he dies, and therefore where any
dies in gaol[95] the coroner ought to be sent for to enquire of the
manner of his death._”[96]
Death by duress of imprisonment was in all probability a very frequent
occurrence in the earlier periods of our history, we know that it has
often been inflicted by the individual tyranny of the nobles on their
vassals; and we have every reason to suppose, that even the keepers of
our public prisons were not free from the imputation of cruelty to their
unfortunate inmates; many have died by violence, more by neglect; it was
therefore a wise and humane precaution that the circumstances of every
death of a prisoner should be made the subject of minute enquiry; it is
also desirable that such enquiry should be carried on by persons of
competent skill, and with every possible and proper publicity. Our own
times we will hope are entirely free from the crime of premeditated
murder on the body of a prisoner; but we must not allow our confidence
in the modern improvements of prison discipline to lull us into a false
security as to the conduct of gaolers and their underlings many of these
may be men of mild and humane disposition, but as their daily occupation
must tend to blunt the finer feelings of humanity, it is well that every
charge of misconduct should be met by immediate and rigorous enquiry. On
this subject see _Rex_ v. _Huggins_, warden of the Fleet, 2 _Lord Raym._
1578; 2 _Str._ 882; 9 _Harg. St. Tri._ 107; _Bambridge’s_ case, 9 _Harg.
St. Tri._ 146, 151; _Acton’s_ case, 9 _Harg. St. Tri._ 182, 210, 218;
see also the several Parliamentary Reports on Coldbath-fields,
Ilchester, &c.
Public-domain text, read in full here on John Shaqi.
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